REPRESENTATIVE Carey

To amend sections 9.06, 9.821, 9.822, 103.143,

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

1309.40, 1309.401, 1309.402, 1309.42, 1329.01,

11

1329.04, 1329.06, 1329.07, 1329.42, 1329.421,

12

1329.45, 1329.56, 1329.58, 1329.60, 1329.601,

13

1501.01, 1501.40, 1503.011, 1507.01, 1509.071,

14

1514.11, 1521.04, 1531.35, 1533.13, 1547.67,

15

1561.26, 1701.05, 1701.07, 1701.81, 1702.05,

16

1702.06, 1702.43, 1702.59, 1703.04, 1703.041,

17

1703.15, 1703.17, 1703.27, 1703.31, 1705.05,

18

1705.06, 1705.38, 1705.55, 1746.04, 1746.06,

19

1746.15, 1747.03, 1747.04, 1747.10, 1775.63,

20

1775.64, 1782.04, 1782.08, 1782.09, 1782.433,

21

1785.06, 1901.26, 1907.24, 2151.34, 2303.201,

22

2317.02, 2317.022, 2329.66, 2715.041, 2715.045,

23

2716.13, 2921.13, 2949.091, 2953.21, 3109.14,

24

3301.075, 3301.70, 3301.80, 3311.057, 3313.37,

25

3313.41, 3313.603, 3313.608, 3313.64, 3314.07,

26

3314.08, 3314.09, 3317.01, 3317.012, 3317.013,

27

3317.014, 3317.02, 3317.021, 3317.022, 3317.023,

28

3317.024, 3317.029, 3317.0212, 3317.0213,

29

3317.0216, 3317.03, 3317.05, 3317.051, 3317.064,

30

3317.11, 3317.13, 3317.16, 3317.161, 3317.162,

31

3317.19, 3317.20, 3318.04, 3318.05, 3318.052,

32

3318.06, 3318.08, 3318.12, 3318.31, 3318.36,

33

3318.362, 3318.37, 3318.38, 3319.19, 3321.01,

34

3323.09, 3323.091, 3333.02, 3333.03, 3333.043,

35

3333.12, 3333.13, 3333.21, 3333.22, 3383.01,

36

3383.02, 3383.04, 3383.07, 3701.142, 3702.68,

37

3721.07, 3721.12, 3721.16, 3721.17, 3734.57,

38

3734.82, 3734.901, 3745.014, 3745.04, 3745.11,

39

3745.22, 3750.02, 3769.08, 3769.20, 3770.06,

40

3793.04, 3902.23, 3923.28, 3923.30, 4105.17,

41

4115.10, 4121.44, 4123.27, 4301.43, 4504.05,

42

4511.81, 4701.10, 4701.16, 4713.10, 4715.03,

43

4715.13, 4715.14, 4715.16, 4715.21, 4715.24,

44

4715.27, 4717.02, 4717.07, 4717.08, 4717.09,

45

4723.08, 4723.79, 4731.14, 4731.53, 4736.12,

46

4736.14, 4743.05, 4775.01, 4775.02, 4775.08,

47

4775.99, 5101.071, 5101.14, 5101.141, 5101.145,

48

5101.184, 5101.19, 5101.36, 5101.521, 5101.54,

49

5101.80, 5101.83, 5101.85, 5101.853, 5101.854,

50

5103.031, 5103.033, 5103.036, 5103.0312,

51

5103.0313, 5103.0316, 5103.07, 5107.02, 5107.10,

52

5107.14, 5107.18, 5108.01, 5108.06, 5108.07,

53

5108.08, 5108.09, 5108.10, 5111.01, 5111.041,

54

5111.17, 5111.20, 5111.22, 5111.23, 5111.231,

55

5111.25, 5111.251, 5111.255, 5111.28, 5111.29,

56

5111.58, 5111.87, 5119.01, 5119.06, 5119.61,

57

5123.01, 5123.041, 5123.60, 5123.71, 5123.76,

58

5126.01, 5126.042, 5126.05, 5126.051, 5126.12,

59

5126.18, 5126.357, 5126.431, 5139.01, 5139.11,

60

5139.31, 5153.165, 5153.60, 5153.69, 5153.78,

61

5705.091, 5705.41, 5705.44, 5709.17, 5721.30,

62

5725.31, 5727.81, 5727.811, 5727.84, 5727.85,

63

5729.07, 5733.053, 5733.056, 5733.06, 5733.122,

64

5733.401, 5733.42, 5739.01, 5739.02, 5739.024,

65

5747.122, 5747.221, 5747.39, 6101.25, 6109.13,

66

6109.21, and 6111.035; to amend, for the purpose

67

of adopting new section numbers as indicated in

68

parentheses, sections 3317.161 (3317.052),

69

3317.162 (3317.053), 5101.19 (329.19), 5101.071

70

(5101.251), 5101.853 (5101.851), 5101.854

71

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

72

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

73

(5111.871); to enact new sections 5101.852,

74

5108.07, 5108.08, 5111.34, 5111.341, 5111.87, and

75

5126.054 and sections 103.33, 340.16, 504.21, 991.20,

76

1502.12, 1513.10, 1521.19, 3302.041, 3303.01,

77

3305.061, 3311.058, 3314.072, 3314.091, 3317.0217,

78

3318.042, 3318.051, 3318.363, 3318.50, 3318.51,

79

3318.52, 3383.09, 3701.61, 3701.92, 3704.143, 3745.10,

80

3745.15, 4715.031, 4723.062, 4731.573, 4905.87,

81

5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,

82

5111.342, 5111.343, 5111.344, 5111.345, 5111.346,

83

5111.347, 5111.348, 5111.349, 5111.3410,

84

5111.3411, 5111.3412, 5111.3413, 5111.3414,

85

5111.3415, 5111.63, 5111.64, 5111.85, 5111.86,

86

5111.872, 5111.873, 5123.044, 5123.045, 5123.046,

87

5123.047, 5123.048, 5123.049, 5123.0410,

88

5123.0411, 5123.0412, 5123.0413, 5123.195,

89

5126.046, 5126.047, 5126.055, and 5126.056; and to

90

repeal sections 9.832, 105.45, 105.46, 121.51,

91

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

92

1503.35, 1503.351, 1507.12, 2151.341, 3317.0215,

93

3318.055, 3318.061, 3318.081, 3318.13, 3318.14,

94

3318.17, 3318.361, 3702.17, 3729.01, 3729.02,

95

3729.03, 3729.05, 3729.10, 3729.11, 3729.12,

96

3729.14, 3729.15, 3729.16, 3729.17, 3729.18,

97

3729.21, 3729.22, 3729.23, 3729.24, 3729.26,

98

3729.29, 3729.36, 3729.40, 3729.41, 3729.43,

99

3729.45, 3729.46, 3729.55, 3729.61, 3729.99,

100

5101.143, 5101.52, 5101.541, 5101.542, 5101.543,

101

5101.851, 5101.852, 5111.341, 5111.88, 5126.054,

102

and 5139.281 of the Revised Code; to amend the

103

versions of sections 2152.43 and 5139.31 of the

104

Revised Code that are scheduled to take effect

105

January 1, 2002; and to amend the versions of

106

sections 5139.01 and 5139.11 of the Revised Code

107

that are scheduled to take effect January 1, 2002,

108

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

109

the 121st General Assembly, as subsequently

110

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

111

of the 121st General Assembly, as subsequently

112

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

113

the 121st General Assembly, as subsequently

114

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

115

of the 122nd General Assembly, as subsequently

116

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

117

of the 122nd General Assembly, as subsequently

118

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

119

of the 123rd General Assembly; to amend Section 4

120

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

121

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

122

the 123rd General Assembly; to amend Sections 10

123

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

124

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

125

of the 122nd General Assembly, as subsequently

126

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

127

of the 123rd General Assembly, as subsequently

128

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

129

of the 123rd General Assembly and to repeal

130

Section 173 of this act on January 16, 2002 to

131

make operating appropriations for the biennium

132

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

133

and to provide authorization and conditions for

134

the operation of state programs.

135

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Approving inmates for work release;

425

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(J) As used in this section:

535

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

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

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

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

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

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

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

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

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

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

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

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

(4) Consolidate and combine state insurance coverages;

588

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1193

(1) The main biennial operating appropriations bill;

1194

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

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

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

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

(6) The main biennial capital appropriations bill;

1204

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

"       Sec. 103.33. This section shall be known as "The Community	3
Organizations Access Procedure Act."	4

Any state agency that is eligible to receive federal funds	5
under a federal grant program and that cannot or has decided that	6
it will not participate fully in the program shall promptly report	7
both of the following to the joint legislative committee on	8
federal funds:	9

(A) That the agency cannot or has decided that it will not	10
participate fully in the program, along with the reason;	11

(B) Whether there is some means allowable under federal law	12
by which counties or not-for-profit organizations can receive the	13
federal funds to participate in the program, as by being agents or	14
grantees of the agency.	15

If there is a means whereby counties or not-for-profit	16
organizations can so participate in the program, the agency shall	17
post on a generally accessible internet website detailed	18
information about the program and the means by which the counties	19
or not-for-profit organizations can participate in the program.	20
The information shall be posted within ample time for the counties	21
or not-for-profit organizations to participate fully in the	22
program. Any county interested in participating in the program	23
shall apply to the agency on its own behalf. Any county that is	24
willing to be the fiscal agent for a not-for-profit organization	25
interested in participating and qualified to participate in the	26
program, or that arranges with a responsible organization to be	27
the fiscal agent for the program in the county, shall advertise or	28
otherwise inform such organizations about the program and shall	29
apply to the agency in conjunction with or on behalf of the	30
not-for-profit organization. The agency shall accept applications	31
from the counties on a first-come, first-served basis, shall apply	32
to the federal government for the funds, and shall pay the federal	33
funds to the counties when available.	34

As used in this section, "not-for-profit organizations" means	35
organizations, including faith-based organizations, exempt from	36
federal income taxation under section 501(c)(3) of the "Internal	37
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	38
amended."	39

Sec. 105.41.  (A) There is hereby created the capitol square	1207
review and advisory board, consisting of nine members as follows:	1208

(1) Two members of the senate, appointed by the president of	1209
the senate, both of whom shall not be members of the same	1210
political party;	1211

(2) Two members of the house of representatives, appointed	1212
by the speaker of the house of representatives, both of whom shall	1213
not be members of the same political party;	1214

(3) Five members appointed by the governor, with the advice	1215
and consent of the senate, not more than three of whom shall be	1216
members of the same political party, one of whom shall represent	1217
the office of the state architect and engineer, one of whom shall	1218
represent the Ohio arts council, one of whom shall represent the	1219
Ohio historical society, one of whom shall represent the Ohio	1220
building authority, and one of whom shall represent the public at	1221
large.	1222

(B) Terms of office of each appointed member of the board	1223
shall be for three years, except that members of the general	1224
assembly appointed to the board shall be members of the board only	1225
so long as they are members of the general assembly. Each member	1226
shall hold office from the date of the member's appointment until	1227
the end of the term for which the member was appointed. In case	1228
of a vacancy occurring on the board, the president of the senate,	1229
the speaker of the house of representatives, or the governor, as	1230
the case may be, shall in the same manner prescribed for the	1231
regular appointment to the commission, fill the vacancy by	1232
appointing a member. Any member appointed to fill a vacancy	1233
occurring prior to the expiration of the term for which the	1234
member's predecessor was appointed shall hold office for the	1235
remainder of the term. Any member shall continue in office	1236
subsequent to the expiration date of the member's term until the	1237
member's successor takes office, or until a period of sixty days	1238
has elapsed, whichever occurs first.	1239

(C) The board shall hold meetings in a manner and at times	1240
prescribed by the rules adopted by the board. A majority of the	1241
board constitutes a quorum, and no action shall be taken by the	1242
board unless approved by at least five voting members. At its	1243
first meeting, the board shall adopt rules for the conduct of its	1244
business and the election of its officers, and shall organize by	1245
selecting a chairperson and other officers as it considers	1246
necessary. Board members shall serve without compensation but	1247
shall be reimbursed for actual and necessary expenses incurred in	1248
the performance of their duties.	1249

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

1250

(1) Employ or hire on a consulting basis professional,	1251
technical, and clerical employees as are necessary for the	1252
performance of its duties;	1253

(2) Hold public hearings at times and places as determined	1254
by the board;	1255

(3) Adopt, amend, or rescind rules necessary to accomplish	1256
the duties of the board as set forth in this section;	1257

(4) Sponsor, conduct, and support such social events as the	1258
board may authorize and consider appropriate for the employees of	1259
the board, employees and members of the general assembly,	1260
employees of persons under contract with the board or otherwise	1261
engaged to perform services on the premises of capitol square, or	1262
other persons as the board may consider appropriate. Subject to	1263
the requirements of Chapter 4303. of the Revised Code, the board	1264
may provide beer, wine, and intoxicating liquor, with or without	1265
charge, for such those events and may use funds only from the sale	1266
of goods and services fund to purchase the beer, wine, and	1267
intoxicating liquor the board provides.	1268

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

1269

(1) Have sole authority to coordinate and approve any	1270
improvements, additions, and renovations that are made to the	1271
capitol square. The improvements shall include, but not be	1272
limited to, the placement of monuments and sculpture on the	1273
capitol grounds.	1274

(2) Operate the capitol square, and have sole authority to	1275
regulate all uses of the capitol square. The uses shall include,	1276
but not be limited to, the casual and recreational use of the	1277
capitol square.	1278

(3) Employ, fix the compensation of, and prescribe the	1279
duties of the executive director of the board and such other	1280
employees as the board considers necessary for the performance of	1281
its powers and duties;	1282

(4) Establish and maintain the capitol collection trust. The	1283
capitol collection trust shall consist of furniture, antiques, and	1284
other items of personal property that the board shall store in	1285
suitable facilities until they are ready to be placed in the	1286
capitol square.	1287

(5) Perform such repair, construction, contracting,	1288
purchasing, maintenance, supervisory, and operating activities as	1289
the board determines are necessary for the operation and	1290
maintenance of the capitol square;	1291

(6) Maintain and preserve the capitol square, in accordance	1292
with guidelines issued by the United States secretary of the	1293
interior for application of the secretary's standards for	1294
rehabilitation adopted in 36 C.F.R. part 67.	1295

(F)(1) The capitol square review and advisory board shall	1296
lease capital facilities improved or financed by the Ohio building	1297
authority pursuant to Chapter 152. of the Revised Code for the use	1298
of the board, and may enter into any other agreements with the	1299
authority ancillary to improvement, financing, or leasing of such	1300
those capital facilities, including, but not limited to, any	1301
agreement required by the applicable bond proceedings authorized	1302
by Chapter 152. of the Revised Code. Any lease of capital	1303
facilities authorized by this section shall be governed by	1304
division (D) of section 152.24 of the Revised Code.	1305

(2) Fees, receipts, and revenues received by the capitol	1306
square review and advisory board from the state underground	1307
parking garage constitute available receipts as defined in section	1308
152.09 of the Revised Code, and may be pledged to the payment of	1309
bond service charges on obligations issued by the Ohio building	1310
authority pursuant to Chapter 152. of the Revised Code to improve	1311
or finance capital facilities useful to the board. The authority	1312
may, with the consent of the board, provide in the bond	1313
proceedings for a pledge of all or such a portion of such those	1314
fees, receipts, and revenues as the authority determines. The	1315
authority may provide in the bond proceedings or by separate	1316
agreement with the board for the transfer of such those fees,	1317
receipts, and revenues to the appropriate bond service fund or	1318
bond service reserve fund as required to pay the bond service	1319
charges when due, and any such provision for the transfer of such	1320
those fees, receipts, and revenues shall be controlling	1321
notwithstanding any other provision of law pertaining to such	1322
those fees, receipts, and revenues.	1323

(3) All moneys received by the treasurer of state on account	1324
of the board and required by the applicable bond proceedings or by	1325
separate agreement with the board to be deposited, transferred, or	1326
credited to the bond service fund or bond service reserve fund	1327
established by such the bond proceedings shall be transferred by	1328
the treasurer of state to such fund, whether or not such fund it	1329
is in the custody of the treasurer of state, without necessity for	1330
further appropriation, upon receipt of notice from the Ohio	1331
building authority as prescribed in the bond proceedings.	1332

(G) All fees, receipts, and revenues received by the capitol	1333
square review and advisory board from the state underground	1334
parking garage shall be deposited into the state treasury to the	1335
credit of the underground parking garage operating fund, which is	1336
hereby created, to be used for the purposes specified in division	1337
(F) of this section and for the operation and maintenance of the	1338
garage. All investment earnings of the fund shall be credited to	1339
the fund.	1340

(H) All donations received by the capitol square review and	1341
advisory board shall be deposited into the state treasury to the	1342
credit of the capitol square renovation gift fund, which is hereby	1343
created. The fund shall be used by the capitol square review and	1344
advisory board as follows:	1345

(1) To provide part or all of the funding related to	1346
construction, goods, or services for the renovation of the capitol	1347
square;	1348

(2) To purchase art, antiques, and artifacts for display at	1349
the capitol square;	1350

(3) To award contracts or make grants to organizations for	1351
educating the public regarding the historical background and	1352
governmental functions of the capitol square. Chapters 125.,	1353
127., and 153. and section 3517.13 of the Revised Code do not	1354
apply to purchases made exclusively from the fund, notwithstanding	1355
anything to the contrary in those chapters or that section. All	1356
investment earnings of the fund shall be credited to the fund.	1357

(I) Except as provided in divisions (G), (H), and (J) of	1358
this section, all fees, receipts, and revenues received by the	1359
capitol square review and advisory board shall be deposited into	1360
the state treasury to the credit of the sale of goods and services	1361
fund, which is hereby created. Money credited to the fund shall	1362
be used solely to pay costs of the board other than those	1363
specified in divisions (F) and (G) of this section. All	1364
investment earnings of the fund shall be credited to the fund.	1365

(J) There is hereby created in the state treasury the	1366
capitol square improvement government television and	1367
telecommunications operating fund, to be used by the capitol	1368
square review and advisory board to pay construction, renovation	1369
for the operations, improvements, and educational projects of, and	1370
any other costs related to, any television or telecommunications	1371
studio the capitol square board authorizes to carry out its	1372
functions under this section, for which money is not otherwise	1373
available to the board. Whenever the board determines that there	1374
is a need to incur such those costs and that the unencumbered,	1375
unobligated balance to the credit of the underground parking	1376
garage operating fund exceeds the amount needed for the purposes	1377
specified in division (F) of this section and for the operation	1378
and maintenance of the garage, the board may request the director	1379
of budget and management to transfer from the underground parking	1380
garage operating fund to the capitol square improvement government	1381
television and telecommunications operating fund the amount needed	1382
to pay such construction, renovation, or for the operations,	1383
improvements, and educational projects of, and the other costs	1384
related to, the studio. The director then shall thereupon	1385
transfer the amount needed from the excess balance of the	1386
underground parking garage operating fund.	1387

(K) As the operation and maintenance of the capitol square	1388
constitute essential government functions of a public purpose, the	1389
board shall not be required to pay taxes or assessments upon the	1390
square, or upon any property acquired or used by the board under	1391
this section, or upon any income generated by the operation of the	1392
square.	1393

(L) As used in this section, "capitol square" means the	1394
capitol building, senate building, capitol atrium, capitol	1395
grounds, and the state underground parking garage.	1396

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

1397

Sec. 111.16.  The secretary of state shall charge and	1398
collect, for the benefit of the state, the following fees:	1399

(A) For filing and recording articles of incorporation of a	1400
domestic corporation, including designation of agent:	1401

(1) Wherein the corporation shall not be authorized to issue	1402
any shares of capital stock, one hundred twenty-five dollars.;	1403

(2) Wherein the corporation shall be authorized to issue	1404
shares of capital stock, with or without par value:	1405

(a) Ten cents for each share authorized up to and including	1406
one thousand shares;	1407

(b) Five cents for each share authorized in excess of one	1408
thousand shares up to and including ten thousand shares;	1409

(c) Two cents for each share authorized in excess of ten	1410
thousand shares up to and including fifty thousand shares;	1411

(d) One cent for each share authorized in excess of fifty	1412
thousand shares up to and including one hundred thousand shares;	1413

(e) One-half cent for each share authorized in excess of one	1414
hundred thousand shares up to and including five hundred thousand	1415
shares;	1416

(f) One-quarter cent for each share authorized in excess of	1417
five hundred thousand shares; provided no fee shall be less than	1418
eighty-five one hundred twenty-five dollars or greater than one	1419
hundred thousand dollars.	1420

(B) For filing and recording a certificate of amendment to	1421
or amended articles of incorporation of a domestic corporation, or	1422
for filing and recording a certificate of reorganization, a	1423
certificate of dissolution, or an amendment to a foreign license	1424
application:	1425

(1) If the domestic corporation is not authorized to issue	1426
any shares of capital stock, twenty-five fifty dollars;	1427

(2) If the domestic corporation is authorized to issue	1428
shares of capital stock, thirty-five fifty dollars, and in case of	1429
any increase in the number of shares authorized to be issued, a	1430
further sum computed in accordance with the schedule set forth in	1431
division (A)(2) of this section less a credit computed in the same	1432
manner for the number of shares previously authorized to be issued	1433
by the corporation; provided no fee under division (B)(2) of this	1434
section shall be greater than one hundred thousand dollars;	1435

(3) If the foreign corporation is not authorized to issue	1436
any shares of capital stock, fifty dollars;	1437

(4) If the foreign corporation is authorized to issue shares	1438
of capital stock, fifty dollars.	1439

(C) For filing and recording articles of incorporation of a	1440
savings and loan association, one hundred twenty-five dollars; and	1441
for filing and recording a certificate of amendment to or amended	1442
articles of incorporation that do not involve an increase in the	1443
authorized capital stock of such corporation of a savings and loan	1444
association, twenty-five fifty dollars; and for filing and	1445
recording a certificate of amendment to or amended articles of	1446
incorporation that do involve an increase in the authorized	1447
capital stock of such corporation, thirty-five dollars;	1448

(D) For filing and recording a certificate of merger or	1449
consolidation, fifty one hundred twenty-five dollars and, in the	1450
case of any new corporation resulting from a consolidation or any	1451
surviving corporation that has an increased number of shares	1452
authorized to be issued resulting from a merger, an additional sum	1453
computed in accordance with the schedule set forth in division	1454
(A)(2) of this section less a credit computed in the same manner	1455
for the number of shares previously authorized to be issued or	1456
represented in this state by each of the corporations for which a	1457
consolidation or merger is effected by the certificate;	1458

(E) For filing and recording articles of incorporation of a	1459
credit union or the American credit union guaranty association,	1460
thirty-five one hundred twenty-five dollars, and for filing and	1461
recording a certificate of increase in capital stock or any other	1462
amendment of the articles of incorporation of a credit union or	1463
the association, twenty-five fifty dollars;	1464

(F) For filing and recording articles of organization of a	1465
limited liability company or, for filing and recording an	1466
application to become a registered foreign limited liability	1467
company, for filing and recording a registration application to	1468
become a domestic limited liability partnership, or for filing and	1469
recording an application to become a registered foreign limited	1470
liability partnership, eighty-five one hundred twenty-five	1471
dollars;	1472

(G) For filing and recording a certificate of limited	1473
partnership or an application for registration as a foreign	1474
limited partnership the following apply:	1475

(1) If the certificate or application is for a limited	1476
partnership or foreign limited partnership described in division	1477
(A)(1) of section 1782.63 of the Revised Code, and the partnership	1478
has complied with divisions (A)(1)(a) to (e) of that section, no	1479
fee;	1480

(2) If the certificate or application is for a limited	1481
partnership or foreign limited partnership other than a	1482
partnership described in division (G)(1) of this section,	1483
eighty-five, one hundred twenty-five dollars.	1484

(H) For filing a copy of papers evidencing the incorporation	1485
of a municipal corporation or of annexation of territory by a	1486
municipal corporation, five dollars, to be paid by the municipal	1487
corporation, the petitioners therefor, or their agent;	1488

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

1489

(1) A license to transact business in this state by a	1490
foreign corporation for profit pursuant to section 1703.04 of the	1491
Revised Code or a foreign nonprofit corporation pursuant to	1492
section 1703.27 of the Revised Code, one hundred twenty-five	1493
dollars;	1494

(2) An annual report or annual statement pursuant to section	1495
1775.63 or 1785.06 of the Revised Code, ten twenty-five dollars;	1496

(3) Any Except as otherwise provided in this section or any	1497
other section of the Revised Code, any other certificate or paper	1498
that is required to be filed and recorded or is permitted by any	1499
provision of the Revised Code to be filed and recorded by any	1500
provision of the Revised Code with the secretary of state, ten	1501
twenty-five dollars.	1502

(J) For filing any certificate or paper not required to be	1503
recorded, five dollars;	1504

(K)(1) For making copies of any certificate or other paper	1505
filed in the office of the secretary of state, the cost shall a	1506
fee not to exceed one dollar per page, except as otherwise	1507
provided in the Revised Code, and for creating and affixing the	1508
seal of the office of the secretary of state to any good standing	1509
or other certificate, five dollars, except that for. For copies	1510
of certificates or papers required by state officers for official	1511
purpose, no charge shall be made;.	1512

(2) For creating and affixing the seal of the office of the	1513
secretary of state to the certificates described in division (E)	1514
of section 1701.81, division (E) of section 1705.38, or division	1515
(D) of section 1702.43 of the Revised Code, twenty-five dollars.	1516

(L) For a minister's license to solemnize marriages, ten	1517
dollars;	1518

(M) For examining documents to be filed at a later date for	1519
the purpose of advising as to the acceptability of the proposed	1520
filing, ten fifty dollars;	1521

(N) For expedited filing service for filings referred to in	1522
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,	1523
ten dollars in addition to the fee for filing and recording	1524
provided in those divisions Fifty dollars for filing and recording	1525
any of the following:	1526

(1) A certificate of dissolution and accompanying documents,	1527
or a certificate of cancellation, under section 1701.86, 1702.47,	1528
1705.43, or 1782.10 of the Revised Code;	1529

(2) A notice of dissolution of a foreign licensed	1530
corporation or a certificate of surrender of license by a foreign	1531
licensed corporation under section 1703.17 of the Revised Code;	1532

(3) The withdrawal of registration of a foreign or domestic	1533
limited liability partnership under section 1775.61 or 1775.64 of	1534
the Revised Code, or the certificate of cancellation of	1535
registration of a foreign limited liability company under section	1536
1705.57 of the Revised Code;	1537

(4) The filing of a cancellation of disclaimer of general	1538
partner status under Chapter 1782. of the Revised Code.	1539

(O) Fees For filing a statement of continued existence by a	1540
nonprofit corporation, twenty-five dollars;	1541

(P) For filing a restatement under section 1705.08 or	1542
1782.09 of the Revised Code, an amendment to a certificate of	1543
cancellation under section 1782.10 of the Revised Code, an	1544
amendment under section 1705.08 or 1782.09 of the Revised Code, or	1545
a correction under section 1705.55, 1775.61, 1775.64, or 1782.52	1546
of the Revised Code, fifty dollars;	1547

(Q) For filing for reinstatement of an entity cancelled by	1548
operation of law, by the secretary of state, by order of the	1549
department of taxation, or by order of a court, twenty-five	1550
dollars;	1551

(R) For filing a change of agent, resignation of agent, or	1552
change of agent's address under section 1701.07, 1702.06,	1553
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.04	1554
of the Revised Code, twenty-five dollars;	1555

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

1556

(1) An application for the exclusive right to use a name or	1557
an application to reserve a name for future use under section	1558
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	1559
Code, fifty dollars;	1560

(2) A trade name or fictitious name registration or report,	1561
fifty dollars;	1562

(3) An application to renew any item covered by division	1563
(S)(1) or (2) of this section that is permitted to be renewed,	1564
twenty-five dollars;	1565

(4) An assignment of rights for use of a name covered by	1566
division (S)(1), (2), or (3) of this section, the cancellation of	1567
a name registration or name reservation that is so covered, or	1568
notice of a change of address of the registrant of a name that is	1569
so covered, twenty-five dollars.	1570

(T) For filing and recording a report to operate a business	1571
trust or a real estate investment trust, either foreign or	1572
domestic, one hundred twenty-five dollars; and for filing and	1573
recording an amendment to a report or associated trust instrument,	1574
or a surrender of authority, to operate a business trust or real	1575
estate investment trust, fifty dollars;	1576

(U)(1) For filing and recording the registration of a	1577
trademark, service mark, or mark of ownership, one hundred	1578
twenty-five dollars;	1579

(2) For filing and recording the change of address of a	1580
registrant, the assignment of rights to a registration, a renewal	1581
of a registration, or the cancellation of a registration	1582
associated with a trademark, service mark, or mark of ownership,	1583
twenty-five dollars.	1584

Fees specified in this section may be paid by cash, check, or	1585
money order or by credit card, or an alternative payment program,	1586
in accordance with division (B) or (C) of section 111.18 of the	1587
Revised Code. Any credit card number or the expiration date of	1588
any credit card is not subject to disclosure under Chapter 149. of	1589
the Revised Code.	1590

Sec. 111.18.  (A) The secretary of state shall keep a record	1591
of all fees collected by the secretary of state and, except as	1592
otherwise provided in this subject to division (B) of section and	1593
in sections 1309.401 and 1329.68 and division (C)(2) of section	1594
3506.05 of the Revised Code and except as otherwise provided in	1595
the Revised Code, shall pay, through June 30, 2001, fifty per cent	1596
of them into the state treasury to the credit of the general	1597
revenue fund and fifty per cent of them into the state treasury to	1598
the credit of the corporate and uniform commercial code filing	1599
fund created under by section 1309.401 of the Revised Code and	1600
shall pay, on and after July 1, 2001, all of them into the state	1601
treasury to the credit of the general revenue fund. Through June	1602
30, 2001, all of the fees collected under divisions (I)(2) and (N)	1603
of section 111.16 of the Revised Code shall be paid into the state	1604
treasury to the credit of that corporate and uniform commercial	1605
code filing fund. On and after July 1, 2001, the following fees	1606
shall be paid into the state treasury to the credit of that	1607
corporate and uniform commercial code filing fund:	1608

(1) Twenty-five dollars of each fee collected under	1609
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the	1610
Revised Code;	1611

(2) Twenty-five dollars of each fee collected under division	1612
(C) of section 1703.031 of the Revised Code;	1613

(3) All fees collected under divisions (I)(2) and (N) of	1614
section 111.16 of the Revised Code;	1615

(4) All fees collected under section 1703.08 of the Revised	1616
Code;	1617

(5) Each fifty-dollar fee for amendments filed by foreign	1618
nonprofit corporations under section 1703.27 of the Revised Code.	1619

(B) The secretary of state may implement a credit card	1620
payment program permitting that permits payment of any fee charged	1621
by the secretary of state by means of a credit card. The	1622
secretary of state may open an account outside the state treasury	1623
in a financial institution for the purpose of depositing credit	1624
card receipts. Within forty-eight hours following the deposit of	1625
the receipts, the financial institution shall make available to	1626
the secretary of state funds in the amount of the receipts. The	1627
secretary of state then shall then pay these those funds into the	1628
state treasury to the credit of the general revenue corporate and	1629
uniform commercial code filing fund, subject to division (B) of	1630
section 1309.401 of the Revised Code and except as otherwise	1631
provided by in the Revised Code.	1632

The secretary of state may pay the cost of any service charge	1633
required by a financial institution or credit card company in	1634
connection with a credit card payment program.	1635

The secretary of state shall adopt rules as necessary to	1636
carry out the purposes of this division. The rules shall include	1637
standards for determining eligible financial institutions and the	1638
manner in which funds shall be made available and shall be	1639
consistent with the standards contained in sections 135.03,	1640
135.18, and 135.181 of the Revised Code.	1641

(C) The secretary of state may implement alternative payment	1642
programs that permit payment of any fee charged by the secretary	1643
of state by means other than cash, check, money order, or credit	1644
card; an alternative payment program may include, but is not	1645
limited to, one that permits a fee to be paid by electronic means	1646
of transmission. The secretary of state may open an account	1647
outside the state treasury in a financial institution for the	1648
purpose of operating an alternative payment program. Within	1649
forty-eight hours following the deposit of funds into such an	1650
account, the financial institution shall make available to the	1651
secretary of state the deposited funds. The secretary of state	1652
then shall pay those funds into the state treasury to the credit	1653
of the corporate and uniform commercial code filing fund, subject	1654
to division (B) of section 1309.401 of the Revised Code and except	1655
as otherwise provided in the Revised Code.	1656

The secretary of state may pay the cost of any service charge	1657
required by a financial institution or service company in	1658
connection with an alternative payment program.	1659

The secretary of state shall adopt rules necessary to carry	1660
out the purposes of this division. The rules shall include	1661
standards for determining eligible financial institutions and the	1662
manner in which funds shall be made available and shall be	1663
consistent with the standards contained in sections 135.03,	1664
135.18, and 135.181 of the Revised Code.	1665

Sec. 111.23.  (A) The secretary of state, by rule, shall	1666
establish, and prescribe guidelines and fees for the use of, an	1667
"expedited filing service" that provides, at the option of the	1668
person making such a filing, expeditious processing of any filing	1669
with the secretary of state under Chapters Chapter 1309. and or	1670
1329. and of any filing referred to in divisions (A), (B), (C),	1671
(D), (E), (F), and (G) of section 111.16 or Title XVII of the	1672
Revised Code.	1673

(B) The secretary of state may adopt rules establishing, and	1674
prescribing guidelines and fees for the use of, a bulk filing	1675
service that provides, at the option of the person making a	1676
filing, a method for providing large amounts of information. The	1677
secretary of state may charge and collect fees for filings made	1678
through a bulk filing service at reduced amounts from those	1679
otherwise specified in or authorized by the Revised Code.	1680

(C) The secretary of state may adopt rules establishing, and	1681
prescribing guidelines and fees for the use of, alternative filing	1682
procedures in making filings with the secretary of state. Under	1683
these rules, the secretary of state may accept any filing and	1684
payment of associated fees through any electronic, digital,	1685
facsimile, or other means of transmission. The filings shall be	1686
made on a form prescribed by the secretary of state and shall	1687
comply fully with any other requirements of the Revised Code	1688
applicable to the type of filing being made.	1689

Sec. 111.25.  (A) The secretary of state shall prescribe the	1690
following forms for persons to use in complying with the	1691
requirements of Chapter 1309. of the Revised Code for the filing	1692
of financing statements and related documents:	1693

(A)(1) The financing statement described in division (A) of	1694
section 1309.39 of the Revised Code;	1695

(B)(2) A form for the amendment of a financing statement	1696
described in division (C) of section 1309.39 of the Revised Code;	1697

(C)(3) A continuation statement described in division (C) of	1698
section 1309.40 of the Revised Code;	1699

(D)(4) A termination statement described in division (A) of	1700
section 1309.41 of the Revised Code;	1701

(E)(5) A form for an assignment of rights under a financing	1702
statement described in section 1309.42 of the Revised Code;	1703

(F)(6) A statement of release described in section 1309.43	1704
of the Revised Code.	1705

(B) The secretary of state shall prescribe the forms for	1706
persons to use in complying with the requirements of Title XVII of	1707
the Revised Code to the extent that those requirements relate to	1708
filings with the secretary of state's office.	1709

Sec. 118.08.  (A) The members of the financial planning and	1710
supervision commission shall serve without compensation, but shall	1711
be paid by the commission their necessary and actual expenses	1712
incurred while engaged in the business of the commission.	1713

(B) All expenses incurred for services rendered by the	1714
financial supervisor for a period of twenty-four months shall be	1715
paid by the commission pursuant to an appropriation made by the	1716
general assembly for this purpose. Expenses incurred for services	1717
rendered by the financial supervisor beyond this period shall be	1718
borne by the municipal corporation, county, or township unless the	1719
director of budget and management waives the costs and allows	1720
payment in accordance with the following:	1721

(1) If the continued performance of the financial supervisor	1722
is required for a period of twenty-five to thirty months, the	1723
municipal corporation, county, or township is responsible for	1724
twenty per cent of the compensation due.	1725

(2) If the continued performance of the financial supervisor	1726
is required for a period of thirty-one to thirty-six months, the	1727
municipal corporation, county, or township is responsible for	1728
fifty per cent of the compensation due.	1729

(3) If the continued performance of the financial supervisor	1730
is required for a period of thirty-seven months or more, the	1731
municipal corporation, county, or township is responsible for one	1732
hundred per cent of the compensation due except as otherwise	1733
provided in division (B)(4) of this section.	1734

(4) Beginning in fiscal year 2000, if If the continued	1735
performance of the financial supervisor has been required longer	1736
than eight fiscal years for any municipal corporation, county, or	1737
township declared to be in a fiscal emergency prior to fiscal year	1738
1996, that municipal corporation, county, or township is	1739
responsible for fifty per cent of the compensation due in its	1740
ninth fiscal year 2000 while in fiscal emergency and one hundred	1741
per cent of the compensation due in its tenth fiscal year 2001 and	1742
every fiscal year thereafter while in fiscal emergency.	1743

(C) If the municipal corporation, county, or township fails	1744
to make any payment to the financial supervisor as required by	1745
this chapter, the financial supervisor may certify to the county	1746
auditor the amount due, and that amount shall be withheld from the	1747
municipal corporation, county, or township from any fund or funds	1748
in the custody of the county auditor for distribution to the	1749
municipal corporation, county, or township, except for those	1750
reserved for payment of local government fund notes. Upon	1751
receiving such the certification from the auditor of state	1752
financial supervisor, the county auditor shall draw a voucher for	1753
the amount against such those fund or funds in favor of the	1754
financial supervisor.	1755

Sec. 120.06.  (A)(1) The state public defender, when	1756
designated by the court or requested by a county public defender	1757
or joint county public defender, may provide legal representation	1758
in all courts throughout the state to indigent adults and	1759
juveniles who are charged with the commission of an offense or act	1760
for which the penalty or any possible adjudication includes the	1761
potential loss of liberty.	1762

(2) The state public defender may provide legal	1763
representation to any indigent person who, while incarcerated in	1764
any state correctional institution, is charged with a felony	1765
offense, for which the penalty or any possible adjudication that	1766
may be imposed by a court upon conviction includes the potential	1767
loss of liberty.	1768

(3) The state public defender may provide legal	1769
representation to any person incarcerated in any correctional	1770
institution of the state, in any matter in which the person	1771
asserts the person is unlawfully imprisoned or detained.	1772

(4) The state public defender, in any case in which the	1773
state public defender has provided legal representation or is	1774
requested to do so by a county public defender or joint county	1775
public defender, may provide legal representation on appeal.	1776

(5) The state public defender, when designated by the court	1777
or requested by a county public defender, joint county public	1778
defender, or the director of rehabilitation and correction, shall	1779
provide legal representation in parole and probation revocation	1780
matters, unless the state public defender finds that the alleged	1781
parole or probation violator has the financial capacity to retain	1782
the alleged violator's own counsel.	1783

(6) If the state public defender contracts with a county	1784
public defender commission, a joint county public defender	1785
commission, or a board of county commissioners for the provision	1786
of services, under authority of division (C)(7) of section 120.04	1787
of the Revised Code, the state public defender shall provide legal	1788
representation in accordance with the contract.	1789

(B) The state public defender shall not be required to	1790
prosecute any appeal, postconviction remedy, or other proceeding	1791
pursuant to division (A)(3), (4), or (5) of this section, unless	1792
the state public defender first is satisfied that there is	1793
arguable merit to the proceeding.	1794

(C) A court may appoint counsel or allow an indigent person	1795
to select the indigent's own personal counsel to assist the state	1796
public defender as co-counsel when the interests of justice so	1797
require. When co-counsel is appointed to assist the state public	1798
defender, the co-counsel shall receive any compensation that the	1799
court may approve, not to exceed the amounts provided for in	1800
section 2941.51 of the Revised Code.	1801

(D) When the state public defender is designated by the	1802
court or requested by a county public defender or joint county	1803
public defender to provide legal representation for an indigent	1804
person in any case, other than pursuant to a contract entered into	1805
under authority of division (C)(7) of section 120.04 of the	1806
Revised Code, the state public defender shall send to the county	1807
in which the case is filed an itemized bill for fifty per cent of	1808
the actual cost of the representation. The county, upon receipt	1809
of an itemized bill from the state public defender pursuant to	1810
this division, shall pay fifty per cent of the actual cost of the	1811
legal representation as set forth in the itemized bill. There is	1812
hereby created in the state treasury the county representation	1813
fund for the deposit of moneys received from counties under this	1814
division. All moneys credited to the fund shall be used by the	1815
state public defender to provide legal representation for indigent	1816
persons when designated by the court or requested by a county or	1817
joint county public defender.	1818

(E)(1) Notwithstanding any contrary provision of sections	1819
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	1820
that pertains to representation by the attorney general, an	1821
assistant attorney general, or special counsel of an officer or	1822
employee, as defined in section 109.36 of the Revised Code, or of	1823
an entity of state government, the state public defender may elect	1824
to contract with, and to have the state pay pursuant to division	1825
(E)(2) of this section for the services of, private legal counsel	1826
to represent the Ohio public defender commission, the state public	1827
defender, assistant state public defenders, other employees of the	1828
commission or the state public defender, and attorneys described	1829
in division (C) of section 120.41 of the Revised Code in a	1830
malpractice or other civil action or proceeding that arises from	1831
alleged actions or omissions related to responsibilities derived	1832
pursuant to this chapter, or in a civil action that is based upon	1833
alleged violations of the constitution or statutes of the United	1834
States, including section 1983 of Title 42 of the United States	1835
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	1836
arises from alleged actions or omissions related to	1837
responsibilities derived pursuant to this chapter, if the state	1838
public defender determines, in good faith, that the defendant in	1839
the civil action or proceeding did not act manifestly outside the	1840
scope of the defendant's employment or official responsibilities,	1841
with malicious purpose, in bad faith, or in a wanton or reckless	1842
manner. If the state public defender elects not to contract	1843
pursuant to this division for private legal counsel in a civil	1844
action or proceeding, then, in accordance with sections 109.02,	1845
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	1846
attorney general shall represent or provide for the representation	1847
of the Ohio public defender commission, the state public defender,	1848
assistant state public defenders, other employees of the	1849
commission or the state public defender, or attorneys described in	1850
division (C) of section 120.41 of the Revised Code in the civil	1851
action or proceeding.	1852

(2)(a) Subject to division (E)(2)(b) of this section,	1853
payment from the state treasury for the services of private legal	1854
counsel with whom the state public defender has contracted	1855
pursuant to division (E)(1) of this section shall be accomplished	1856
only through the following procedure:	1857

(i) The private legal counsel shall file with the attorney	1858
general a copy of the contract; a request for an award of legal	1859
fees, court costs, and expenses earned or incurred in connection	1860
with the defense of the Ohio public defender commission, the state	1861
public defender, an assistant state public defender, an employee,	1862
or an attorney in a specified civil action or proceeding; a	1863
written itemization of those fees, costs, and expenses, including	1864
the signature of the state public defender and the state public	1865
defender's attestation that the fees, costs, and expenses were	1866
earned or incurred pursuant to division (E)(1) of this section to	1867
the best of the state public defender's knowledge and information;	1868
a written statement whether the fees, costs, and expenses are for	1869
all legal services to be rendered in connection with that defense,	1870
are only for legal services rendered to the date of the request	1871
and additional legal services likely will have to be provided in	1872
connection with that defense, or are for the final legal services	1873
rendered in connection with that defense; a written statement	1874
indicating whether the private legal counsel previously submitted	1875
a request for an award under division (E)(2) of this section in	1876
connection with that defense and, if so, the date and the amount	1877
of each award granted; and, if the fees, costs, and expenses are	1878
for all legal services to be rendered in connection with that	1879
defense or are for the final legal services rendered in connection	1880
with that defense, a certified copy of any judgment entry in the	1881
civil action or proceeding or a signed copy of any settlement	1882
agreement entered into between the parties to the civil action or	1883
proceeding.	1884

(ii) Upon receipt of a request for an award of legal fees,	1885
court costs, and expenses and the requisite supportive	1886
documentation described in division (E)(2)(a)(i) of this section,	1887
the attorney general shall review the request and documentation;	1888
determine whether any of the limitations specified in division	1889
(E)(2)(b) of this section apply to the request; and, if an award	1890
of legal fees, court costs, or expenses is permissible after	1891
applying the limitations, prepare a document awarding legal fees,	1892
court costs, or expenses to the private legal counsel. The	1893
document shall name the private legal counsel as the recipient of	1894
the award; specify the total amount of the award as determined by	1895
the attorney general; itemize the portions of the award that	1896
represent legal fees, court costs, and expenses; specify any	1897
limitation applied pursuant to division (E)(2)(b) of this section	1898
to reduce the amount of the award sought by the private legal	1899
counsel; state that the award is payable from the state treasury	1900
pursuant to division (E)(2)(a)(iii) of this section; and be	1901
approved by the inclusion of the signatures of the attorney	1902
general, the state public defender, and the private legal counsel.	1903

(iii) The attorney general shall forward a copy of the	1904
document prepared pursuant to division (E)(2)(a)(ii) of this	1905
section to the director of budget and management. The award of	1906
legal fees, court costs, or expenses shall be paid out of the	1907
state public defender's appropriations, to the extent there is a	1908
sufficient available balance in those appropriations. If the	1909
state public defender does not have a sufficient available balance	1910
in the state public defender's appropriations to pay the entire	1911
award of legal fees, court costs, or expenses, the director shall	1912
make application for a transfer of appropriations out of the	1913
emergency purposes account or any other appropriation for	1914
emergencies or contingencies in an amount equal to the portion of	1915
the award that exceeds the sufficient available balance in the	1916
state public defender's appropriations. A transfer of	1917
appropriations out of the emergency purposes account or any other	1918
appropriation for emergencies or contingencies shall be authorized	1919
if there are sufficient moneys greater than the sum total of then	1920
pending emergency purposes account requests, or requests for	1921
releases from the other appropriation. If a transfer of	1922
appropriations out of the emergency purposes account or other	1923
appropriation for emergencies or contingencies is made to pay an	1924
amount equal to the portion of the award that exceeds the	1925
sufficient available balance in the state public defender's	1926
appropriations, the director shall cause the payment to be made to	1927
the private legal counsel. If sufficient moneys do not exist in	1928
the emergency purposes account or other appropriation for	1929
emergencies or contingencies to pay an amount equal to the portion	1930
of the award that exceeds the sufficient available balance in the	1931
state public defender's appropriations, the private legal counsel	1932
shall request the general assembly to make an appropriation	1933
sufficient to pay an amount equal to the portion of the award that	1934
exceeds the sufficient available balance in the state public	1935
defender's appropriations, and no payment in that amount shall be	1936
made until the appropriation has been made. The private legal	1937
counsel shall make the request during the current biennium and	1938
during each succeeding biennium until a sufficient appropriation	1939
is made.	1940

(b) An award of legal fees, court costs, and expenses	1941
pursuant to division (E) of this section is subject to the	1942
following limitations:	1943

(i) The maximum award or maximum aggregate of a series of	1944
awards of legal fees, court costs, and expenses to the private	1945
legal counsel in connection with the defense of the Ohio public	1946
defender commission, the state public defender, an assistant state	1947
public defender, an employee, or an attorney in a specified civil	1948
action or proceeding shall not exceed fifty thousand dollars.	1949

(ii) The private legal counsel shall not be awarded legal	1950
fees, court costs, or expenses to the extent the fees, costs, or	1951
expenses are covered by a policy of malpractice or other	1952
insurance.	1953

(iii) The private legal counsel shall be awarded legal fees	1954
and expenses only to the extent that the fees and expenses are	1955
reasonable in light of the legal services rendered by the private	1956
legal counsel in connection with the defense of the Ohio public	1957
defender commission, the state public defender, an assistant state	1958
public defender, an employee, or an attorney in a specified civil	1959
action or proceeding.	1960

(c) If, pursuant to division (E)(2)(a) of this section, the	1961
attorney general denies a request for an award of legal fees,	1962
court costs, or expenses to private legal counsel because of the	1963
application of a limitation specified in division (E)(2)(b) of	1964
this section, the attorney general shall notify the private legal	1965
counsel in writing of the denial and of the limitation applied.	1966

(d) If, pursuant to division (E)(2)(c) of this section, a	1967
private legal counsel receives a denial of an award notification	1968
or if a private legal counsel refuses to approve a document under	1969
division (E)(2)(a)(ii) of this section because of the proposed	1970
application of a limitation specified in division (E)(2)(b) of	1971
this section, the private legal counsel may commence a civil	1972
action against the attorney general in the court of claims to	1973
prove the private legal counsel's entitlement to the award sought,	1974
to prove that division (E)(2)(b) of this section does not prohibit	1975
or otherwise limit the award sought, and to recover a judgment for	1976
the amount of the award sought. A civil action under division	1977
(E)(2)(d) of this section shall be commenced no later than two	1978
years after receipt of a denial of award notification or, if the	1979
private legal counsel refused to approve a document under division	1980
(E)(2)(a)(ii) of this section because of the proposed application	1981
of a limitation specified in division (E)(2)(b) of this section,	1982
no later than two years after the refusal. Any judgment of the	1983
court of claims in favor of the private legal counsel shall be	1984
paid from the state treasury in accordance with division (E)(2)(a)	1985
of this section.	1986

(F) If a court appoints the office of the state public	1987
defender to represent a petitioner in a postconviction relief	1988
proceeding under section 2953.21 of the Revised Code, the	1989
petitioner has received a sentence of death, and the proceeding	1990
relates to that sentence, all of the attorneys who represent the	1991
petitioner in the proceeding pursuant to the appointment, whether	1992
an assistant state public defender, the state public defender, or	1993
another attorney, shall be certified under Rule 65 20 of the Rules	1994
of Superintendence for Common Pleas the Courts of Ohio to	1995
represent indigent defendants charged with or convicted of an	1996
offense for which the death penalty can be or has been imposed.	1997

Sec. 120.16.  (A)(1) The county public defender shall	1998
provide legal representation to indigent adults and juveniles who	1999
are charged with the commission of an offense or act that is a	2000
violation of a state statute and for which the penalty or any	2001
possible adjudication includes the potential loss of liberty and	2002
in postconviction proceedings as defined in this section.	2003

(2) The county public defender may provide legal	2004
representation to indigent adults and juveniles charged with the	2005
violation of an ordinance of a municipal corporation for which the	2006
penalty or any possible adjudication includes the potential loss	2007
of liberty, if the county public defender commission has	2008
contracted with the municipal corporation to provide legal	2009
representation for indigent persons charged with a violation of an	2010
ordinance of the municipal corporation.	2011

(B) The county public defender shall provide the legal	2012
representation authorized by division (A) of this section at every	2013
stage of the proceedings following arrest, detention, service of	2014
summons, or indictment.	2015

(C) The county public defender may request the state public	2016
defender to prosecute any appeal or other remedy before or after	2017
conviction that the county public defender decides is in the	2018
interests of justice, and may provide legal representation in	2019
parole and probation revocation matters.	2020

(D) The county public defender shall not be required to	2021
prosecute any appeal, postconviction remedy, or other proceeding,	2022
unless the county public defender is first satisfied there is	2023
arguable merit to the proceeding.	2024

(E) Nothing in this section shall prevent a court from	2025
appointing counsel other than the county public defender or from	2026
allowing an indigent person to select the indigent person's own	2027
personal counsel to represent the indigent person. A court may	2028
also appoint counsel or allow an indigent person to select the	2029
indigent person's own personal counsel to assist the county public	2030
defender as co-counsel when the interests of justice so require.	2031

(F) Information as to the right to legal representation by	2032
the county public defender or assigned counsel shall be afforded	2033
to an accused person immediately upon arrest, when brought before	2034
a magistrate, or when formally charged, whichever occurs first.	2035

(G) If a court appoints the office of the county public	2036
defender to represent a petitioner in a postconviction relief	2037
proceeding under section 2953.21 of the Revised Code, the	2038
petitioner has received a sentence of death, and the proceeding	2039
relates to that sentence, all of the attorneys who represent the	2040
petitioner in the proceeding pursuant to the appointment, whether	2041
an assistant county public defender or the county public defender,	2042
shall be certified under Rule 65 20 of the Rules of	2043
Superintendence for Common Pleas the Courts of Ohio to represent	2044
indigent defendants charged with or convicted of an offense for	2045
which the death penalty can be or has been imposed.	2046

Sec. 120.26.  (A)(1) The joint county public defender shall	2047
provide legal representation to indigent adults and juveniles who	2048
are charged with the commission of an offense or act that is a	2049
violation of a state statute and for which the penalty or any	2050
possible adjudication includes the potential loss of liberty and	2051
in postconviction proceedings as defined in this section.	2052

(2) The joint county public defender may provide legal	2053
representation to indigent adults and juveniles charged with the	2054
violation of an ordinance of a municipal corporation for which the	2055
penalty or any possible adjudication includes the potential loss	2056
of liberty, if the joint county public defender commission has	2057
contracted with the municipal corporation to provide legal	2058
representation for indigent persons charged with a violation of an	2059
ordinance of the municipal corporation.	2060

(B) The joint county public defender shall provide the legal	2061
representation authorized by division (A) of this section at every	2062
stage of the proceedings following arrest, detention, service of	2063
summons, or indictment.	2064

(C) The joint county public defender may request the Ohio	2065
public defender to prosecute any appeal or other remedy before or	2066
after conviction that the joint county public defender decides is	2067
in the interests of justice and may provide legal representation	2068
in parole and probation revocation matters.	2069

(D) The joint county public defender shall not be required	2070
to prosecute any appeal, postconviction remedy, or other	2071
proceeding, unless the joint county public defender is first	2072
satisfied that there is arguable merit to the proceeding.	2073

(E) Nothing in this section shall prevent a court from	2074
appointing counsel other than the joint county public defender or	2075
from allowing an indigent person to select the indigent person's	2076
own personal counsel to represent the indigent person. A court	2077
may also appoint counsel or allow an indigent person to select the	2078
indigent person's own personal counsel to assist the joint county	2079
public defender as co-counsel when the interests of justice so	2080
require.	2081

(F) Information as to the right to legal representation by	2082
the joint county public defender or assigned counsel shall be	2083
afforded to an accused person immediately upon arrest, when	2084
brought before a magistrate, or when formally charged, whichever	2085
occurs first.	2086

(G) If a court appoints the office of the joint county	2087
public defender to represent a petitioner in a postconviction	2088
relief proceeding under section 2953.21 of the Revised Code, the	2089
petitioner has received a sentence of death, and the proceeding	2090
relates to that sentence, all of the attorneys who represent the	2091
petitioner in the proceeding pursuant to the appointment, whether	2092
an assistant joint county defender or the joint county public	2093
defender, shall be certified under Rule 65 20 of the Rules of	2094
Superintendence for Common Pleas the Courts of Ohio to represent	2095
indigent defendants charged with or convicted of an offense for	2096
which the death penalty can be or has been imposed.	2097

Sec. 120.33.  (A) In lieu of using a county public defender	2098
or joint county public defender to represent indigent persons in	2099
the proceedings set forth in division (A) of section 120.16 of the	2100
Revised Code, the board of county commissioners of any county may	2101
adopt a resolution to pay counsel who are either personally	2102
selected by the indigent person or appointed by the court. The	2103
resolution shall include those provisions the board of county	2104
commissioners considers necessary to provide effective	2105
representation of indigent persons in any proceeding for which	2106
counsel is provided under this section. The resolution shall	2107
include provisions for contracts with any municipal corporation	2108
under which the municipal corporation shall reimburse the county	2109
for counsel appointed to represent indigent persons charged with	2110
violations of the ordinances of the municipal corporation.	2111

(1) In a county that adopts a resolution to pay counsel, an	2112
indigent person shall have the right to do either of the	2113
following:	2114

(a) To select the person's own personal counsel to represent	2115
the person in any proceeding included within the provisions of the	2116
resolution;	2117

(b) To request the court to appoint counsel to represent the	2118
person in such a proceeding.	2119

(2) The court having jurisdiction over the proceeding in a	2120
county that adopts a resolution to pay counsel shall, after	2121
determining that the person is indigent and entitled to legal	2122
representation under this section, do either of the following:	2123

(a) By signed journal entry recorded on its docket, enter	2124
the name of the lawyer selected by the indigent person as counsel	2125
of record;	2126

(b) Appoint counsel for the indigent person if the person	2127
has requested the court to appoint counsel and, by signed journal	2128
entry recorded on its dockets, enter the name of the lawyer	2129
appointed for the indigent person as counsel of record.	2130

(3) The board of county commissioners shall establish a	2131
schedule of fees by case or on an hourly basis to be paid to	2132
counsel for legal services provided pursuant to a resolution	2133
adopted under this section. Prior to establishing the schedule,	2134
the board of county commissioners shall request the bar	2135
association or associations of the county to submit a proposed	2136
schedule. The schedule submitted shall be subject to the review,	2137
amendment, and approval of the board of county commissioners.	2138

(4) Counsel selected by the indigent person or appointed by	2139
the court at the request of an indigent person in a county that	2140
adopts a resolution to pay counsel, except for counsel appointed	2141
to represent a person charged with any violation of an ordinance	2142
of a municipal corporation that has not contracted with the county	2143
commissioners for the payment of appointed counsel, shall be paid	2144
by the county and shall receive the compensation and expenses the	2145
court approves. Each request for payment shall be accompanied by	2146
a financial disclosure form and an affidavit of indigency that are	2147
completed by the indigent person on forms prescribed by the state	2148
public defender. Compensation and expenses shall not exceed the	2149
amounts fixed by the board of county commissioners in the schedule	2150
adopted pursuant to division (A)(3) of this section. No court	2151
shall approve compensation and expenses that exceed the amount	2152
fixed pursuant to division (A)(3) of this section.	2153

The fees and expenses approved by the court shall not be	2154
taxed as part of the costs and shall be paid by the county.	2155
However, if the person represented has, or may reasonably be	2156
expected to have, the means to meet some part of the cost of the	2157
services rendered to the person, the person shall pay the county	2158
an amount that the person reasonably can be expected to pay.	2159
Pursuant to section 120.04 of the Revised Code, the county shall	2160
pay to the state public defender a percentage of the payment	2161
received from the person in an amount proportionate to the	2162
percentage of the costs of the person's case that were paid to the	2163
county by the state public defender pursuant to this section. The	2164
money paid to the state public defender shall be credited to the	2165
client payment fund created pursuant to division (B)(5) of section	2166
120.04 of the Revised Code.	2167

The county auditor shall draw a warrant on the county	2168
treasurer for the payment of counsel in the amount fixed by the	2169
court, plus the expenses the court fixes and certifies to the	2170
auditor. The county auditor shall report periodically, but not	2171
less than annually, to the board of county commissioners and to	2172
the Ohio public defender commission the amounts paid out pursuant	2173
to the approval of the court. The board of county commissioners,	2174
after review and approval of the auditor's report, may then	2175
certify it to the state public defender for reimbursement. If a	2176
request for reimbursement is not accompanied by a financial	2177
disclosure form and an affidavit of indigency completed by the	2178
indigent person on forms prescribed by the state public defender,	2179
the state public defender shall not pay the requested	2180
reimbursement. If a request for the reimbursement of the cost of	2181
counsel in any case is not received by the state public defender	2182
within ninety days after the end of the calendar month in which	2183
the case is finally disposed of by the court, unless the county	2184
has requested and the state public defender has granted an	2185
extension of the ninety-day limit, the state public defender shall	2186
not pay the requested reimbursement. The state public defender	2187
shall also review the report and, in accordance with the	2188
standards, guidelines, and maximums established pursuant to	2189
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	2190
prepare a voucher for fifty per cent of the total cost of each	2191
county appointed counsel system in the period of time covered by	2192
the certified report and a voucher for fifty per cent of the costs	2193
and expenses that are reimbursable under section 120.35 of the	2194
Revised Code, if any, or, if the amount of money appropriated by	2195
the general assembly to reimburse counties for the operation of	2196
county public defender offices, joint county public defender	2197
offices, and county appointed counsel systems is not sufficient to	2198
pay fifty per cent of the total cost of all of the offices and	2199
systems other than costs and expenses that are reimbursable under	2200
section 120.35 of the Revised Code, for the lesser amount required	2201
by section 120.34 of the Revised Code.	2202

(5) If any county appointed counsel system fails to maintain	2203
the standards for the conduct of the system established by the	2204
rules of the Ohio public defender commission pursuant to divisions	2205
(B) and (C) of section 120.03 or the standards established by the	2206
state public defender pursuant to division (B)(7) of section	2207
120.04 of the Revised Code, the Ohio public defender commission	2208
shall notify the board of county commissioners of the county that	2209
the county appointed counsel system has failed to comply with its	2210
rules or the standards of the state public defender. Unless the	2211
board of county commissioners corrects the conduct of its	2212
appointed counsel system to comply with the rules and standards	2213
within ninety days after the date of the notice, the state public	2214
defender may deny all or part of the county's reimbursement from	2215
the state provided for in division (A)(4) of this section.	2216

(B) In lieu of using a county public defender or joint	2217
county public defender to represent indigent persons in the	2218
proceedings set forth in division (A) of section 120.16 of the	2219
Revised Code, and in lieu of adopting the resolution and following	2220
the procedure described in division (A) of this section, the board	2221
of county commissioners of any county may contract with the state	2222
public defender for the state public defender's legal	2223
representation of indigent persons. A contract entered into	2224
pursuant to this division may provide for payment for the services	2225
provided on a per case, hourly, or fixed contract basis.	2226

(C) If a court appoints an attorney pursuant to this section	2227
to represent a petitioner in a postconviction relief proceeding	2228
under section 2953.21 of the Revised Code, the petitioner has	2229
received a sentence of death, and the proceeding relates to that	2230
sentence, the attorney who represents the petitioner in the	2231
proceeding pursuant to the appointment shall be certified under	2232
Rule 65 20 of the Rules of Superintendence for Common Pleas the	2233
Courts of Ohio to represent indigent defendants charged with or	2234
convicted of an offense for which the death penalty can be or has	2235
been imposed.	2236

Sec. 121.40.  (A) There is hereby created the governor's	2237
Ohio community service council consisting of twenty-one members	2238
including the superintendent of public instruction or the	2239
superintendent's designee, the chancellor of the Ohio board of	2240
regents or the chancellor's designee, the director of natural	2241
resources or the director's designee, the director of youth	2242
services or the director's designee, the director of aging or the	2243
director's designee, the director of job and family services or	2244
the director's designee, the chairperson of the committee of the	2245
house of representatives dealing with education or the	2246
chairperson's designee, the chairperson of the committee of the	2247
senate dealing with education or the chairperson's designee, and	2248
thirteen members who shall be appointed by the governor with the	2249
advice and consent of the senate and who shall serve terms of	2250
office of three years. The appointees shall include educators,	2251
including teachers and administrators; representatives of youth	2252
organizations; students and parents; representatives of	2253
organizations engaged in volunteer program development and	2254
management throughout the state, including youth and conservation	2255
programs; and representatives of business, government, nonprofit	2256
organizations, social service agencies, veterans organizations,	2257
religious organizations, or philanthropies that support or	2258
encourage volunteerism within the state. Members of the council	2259
shall receive no compensation, but shall be reimbursed for actual	2260
and necessary expenses incurred in the performance of their	2261
official duties.	2262

(B) The council shall appoint an executive director for the	2263
council, who shall be in the unclassified civil service. The	2264
executive director shall supervise the council's activities and	2265
report to the council on the progress of those activities. The	2266
executive director shall do all things necessary for the efficient	2267
and effective implementation of the duties of the council.	2268

The responsibilities assigned to the executive director do	2269
not relieve the members of the council from final responsibility	2270
for the proper performance of the requirements of this division	2271
section.	2272

(C) The council or its designee shall do all of the	2273
following:	2274

(1) Employ, promote, supervise, and remove all employees as	2275
needed in connection with the performance of its duties under this	2276
section and may assign duties to those employees as necessary to	2277
achieve the most efficient performance of its functions, and to	2278
that end may establish, change, or abolish positions, and assign	2279
and reassign duties and responsibilities of any employee of the	2280
council. Personnel employed by the council who are subject to	2281
Chapter 4117. of the Revised Code shall retain all of their rights	2282
and benefits conferred pursuant to that chapter. Nothing in this	2283
chapter shall be construed as eliminating or interfering with	2284
Chapter 4117. of the Revised Code or the rights and benefits	2285
conferred under that chapter to public employees or to any	2286
bargaining unit.	2287

(2) Maintain its office in Columbus, and may hold sessions	2288
at any place within the state;	2289

(3) Acquire facilities, equipment, and supplies necessary to	2290
house the council, its employees, and files and records under its	2291
control, and to discharge any duty imposed upon it by law. The	2292
expense of these acquisitions shall be audited and paid for in the	2293
same manner as other state expenses. For that purpose, the	2294
council shall prepare and submit to the office of budget and	2295
management a budget for each biennium according to sections	2296
101.532 and 107.03 of the Revised Code. The budget submitted	2297
shall cover the costs of the council and its staff in the	2298
discharge of any duty imposed upon the council by law. The	2299
council shall not delegate any authority to obligate funds.	2300

(4) Pay its own payroll and other operating expenses from	2301
line items designated by the general assembly;	2302

(5) Retain its fiduciary responsibility as appointing	2303
authority. Any transaction instructions shall be certified by the	2304
appointing authority or its designee.	2305

(6) Establish the overall policy and management of the	2306
council in accordance with this chapter;	2307

(7) Assist in coordinating and preparing the state	2308
application for funds under sections 101 to 184 of the "National	2309
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	2310
U.S.C.A. 12411 to 12544, and amendments thereto as amended, assist	2311
in administering and overseeing the "National and Community	2312
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the	2313
americorps program in this state, and assist in developing	2314
objectives for a comprehensive strategy to encourage and expand	2315
community service programs throughout the state;	2316

(8) Assist the state board of education, school districts,	2317
the board of regents, and institutions of higher education in	2318
coordinating community service education programs through	2319
cooperative efforts between institutions and organizations in the	2320
public and private sectors;	2321

(9) Assist the departments of natural resources, youth	2322
services, aging, and job and family services in coordinating	2323
community service programs through cooperative efforts between	2324
institutions and organizations in the public and private sectors;	2325

(10) Suggest individuals and organizations that are	2326
available to assist school districts, institutions of higher	2327
education, and the departments of natural resources, youth	2328
services, aging, and job and family services in the establishment	2329
of community service programs and assist in investigating sources	2330
of funding for implementing such these programs;	2331

(11) Assist in evaluating the state's efforts in providing	2332
community service programs using standards and methods that are	2333
consistent with any statewide objectives for such these programs	2334
and provide information to the state board of education, school	2335
districts, the board of regents, institutions of higher education,	2336
and the departments of natural resources, youth services, aging,	2337
and job and family services to guide them in making decisions	2338
about these programs;	2339

(12) Assist the state board of education in complying with	2340
section 3301.70 of the Revised Code and the board of regents in	2341
complying with division (B)(2) of section 3333.043 of the Revised	2342
Code.	2343

(D) The department of aging shall serve as the council's	2344
fiscal agent. Beginning on July 1, 1997, whenever reference is	2345
made in any law, contract, or document to the functions of the	2346
department of youth services as fiscal agent to the council, the	2347
reference shall be deemed to refer to the department of aging. The	2348
department of aging shall have no responsibility for or obligation	2349
to the council prior to July 1, 1997. Any validation, cure,	2350
right, privilege, remedy, obligation, or liability shall be	2351
retained by the council.	2352

As used in this section, "fiscal agent" means technical	2353
support and includes the following technical support services:	2354

(1) Preparing and processing payroll and other personnel	2355
documents that the council executes as the appointing authority.	2356
The department of aging shall not approve any payroll or other	2357
personnel-related documents.	2358

(2) Maintaining ledgers of accounts and reports of account	2359
balances, and monitoring budgets and allotment plans in	2360
consultation with the council. The department shall not approve	2361
any biennial budget, grant, expenditure, audit, or fiscal-related	2362
document.	2363

(3) Performing other routine support services that the	2364
director of aging or the director's designee and the council or	2365
its designee consider appropriate to achieve efficiency.	2366

(E) The council or its designee has the following authority	2367
and responsibility relative to fiscal matters:	2368

(1) Sole authority to draw funds for any and all federal	2369
programs in which the council is authorized to participate;	2370

(2) Sole authority to expend funds from their accounts for	2371
programs and any other necessary expenses the council may incur	2372
and its subgrantees may incur;	2373

(3) Responsibility to cooperate with and inform the	2374
department of aging as fiscal agent to ensure that the department	2375
is fully apprised of all financial transactions.	2376

The council shall follow all state procurement requirements.

2377

The department of aging shall determine fees to be charged to	2378
the council, which shall be in proportion to the services	2379
performed for the council.	2380

The council shall pay fees owed to the department of aging	2381
from a general revenue fund of the council or from any other fund	2382
from which the operating expenses of the council are paid. Any	2383
amounts set aside for a fiscal year for the payment of such these	2384
fees shall be used only for the services performed for the council	2385
by the department of aging in that fiscal year.	2386

Sec. 122.011.  (A) The department of development shall	2387
develop and promote plans and programs designed to assure that	2388
state resources are efficiently used, economic growth is properly	2389
balanced, community growth is developed in an orderly manner, and	2390
local governments are coordinated with each other and the state,	2391
and for such purposes may do all of the following:	2392

(1) Serve as a clearinghouse for information, data, and	2393
other materials that may be helpful or necessary to persons or	2394
local governments, as provided in section 122.07 of the Revised	2395
Code;	2396

(2) Prepare and activate plans for the retention,	2397
development, expansion, and use of the resources and commerce of	2398
the state, as provided in section 122.04 of the Revised Code;	2399

(3) Assist and cooperate with federal, state, and local	2400
governments and agencies of federal, state, and local governments	2401
in the coordination of programs to carry out the functions and	2402
duties of the department;	2403

(4) Encourage and foster research and development	2404
activities, conduct studies related to the solution of community	2405
problems, and develop recommendations for administrative or	2406
legislative actions, as provided in section 122.03 of the Revised	2407
Code;	2408

(5) Serve as the economic and community development planning	2409
agency, which shall prepare and recommend plans and programs for	2410
the orderly growth and development of this state and which shall	2411
provide planning assistance, as provided in section 122.06 of the	2412
Revised Code;	2413

(6) Cooperate with and provide technical assistance to state	2414
departments, political subdivisions, regional and local planning	2415
commissions, tourist associations, councils of government,	2416
community development groups, community action agencies, and other	2417
appropriate organizations for carrying out the functions and	2418
duties of the department or for the solution of community	2419
problems;	2420

(7) Coordinate the activities of state agencies that have an	2421
impact on carrying out the functions and duties of the department;	2422

(8) Encourage and assist the efforts of and cooperate with	2423
local governments to develop mutual and cooperative solutions to	2424
their common problems that relate to carrying out the purposes of	2425
this section;	2426

(9) Study existing structure, operations, and financing of	2427
regional or local government and those state activities that	2428
involve significant relations with regional or local governmental	2429
units, recommend to the governor and to the general assembly such	2430
changes in these provisions and activities as will improve the	2431
operations of regional or local government, and conduct other	2432
studies of legal provisions that affect problems related to	2433
carrying out the purposes of this section;	2434

(10) Appoint, with the approval of the governor, technical	2435
and other advisory councils as it considers appropriate, as	2436
provided in section 122.09 of the Revised Code;	2437

(11) Create and operate a division of community development	2438
to develop and administer programs and activities that are	2439
authorized by federal statute or the Revised Code;	2440

(12) Until July 1, 2001, review, analyze, and summarize	2441
applications and information regarding the family farm loan	2442
program forwarded to the department by a financial institution	2443
pursuant to section 901.81 of the Revised Code, and forward the	2444
applications, information, analyses, and summaries to the director	2445
of agriculture;	2446

(13) Until July 1, 2001 2003, establish fees and charges, in	2447
consultation with the director of agriculture, for purchasing	2448
loans from financial institutions and providing loan guarantees	2449
under the family farm loan program created under sections 901.80	2450
to 901.83 of the Revised Code;	2451

(14)(13) Provide loan servicing for the loans purchased and	2452
loan guarantees provided under section 901.80 of the Revised Code	2453
as that section existed prior to July 1, 2001 2003;	2454

(15)(14) Until July 1, 2001 2003, and upon approval by the	2455
controlling board under division (A)(3) of section 901.82 of the	2456
Revised Code of the release of money to be used for purchasing a	2457
loan or providing a loan guarantee, request the release of that	2458
money in accordance with division (B) of section 166.03 of the	2459
Revised Code for use for the purposes of the fund created by	2460
section 166.031 of the Revised Code.	2461

(B) The department, by rule, shall establish criteria	2462
defining nonprofit corporations that are eligible for appointment	2463
as qualified agents pursuant to sections 135.81 to 135.88 of the	2464
Revised Code. The criteria shall require that a corporation be	2465
organized pursuant to Chapter 1702. of the Revised Code and have	2466
as its primary purpose the promotion of economic development or	2467
the creation or retention of jobs and job opportunities. The	2468
criteria may include a specification as to the professional	2469
qualifications of the corporation employees, a minimum elapsed	2470
period of time since the corporation was organized, current and	2471
former activities of the corporation, and such other criteria	2472
reasonably related to the foregoing that relate to the ability of	2473
the corporation to act as a qualified agent for the purposes of	2474
sections 135.51 135.81 to 135.88 of the Revised Code.	2475

(C) The director of development may request the attorney	2476
general to, and the attorney general, in accordance with section	2477
109.02 of the Revised Code, shall bring a civil action in any	2478
court of competent jurisdiction. The director may be sued in the	2479
director's official capacity, in connection with this chapter, in	2480
accordance with Chapter 2743. of the Revised Code.	2481

Sec. 122.71.  As used in sections 122.71 to 122.83 of the	2482
Revised Code:	2483

(A) "Financial institution" means any banking corporation,	2484
trust company, insurance company, savings and loan association,	2485
building and loan association, or corporation, partnership,	2486
federal lending agency, foundation, or other institution engaged	2487
in lending or investing funds for industrial or business purposes.	2488

(B) "Project" means any real or personal property connected	2489
with or being a part of an industrial, distribution, commercial,	2490
or research facility to be acquired, constructed, reconstructed,	2491
enlarged, improved, furnished, or equipped, or any combination	2492
thereof, with the aid provided under sections 122.71 to 122.83 of	2493
the Revised Code, for industrial, commercial, distribution, and	2494
research development of the state.	2495

(C) "Mortgage" means the lien imposed on a project by a	2496
mortgage on real property, or by financing statements on personal	2497
property, or a combination of a mortgage and financing statements	2498
when a project consists of both real and personal property.	2499

(D) "Mortgagor" means the principal user of a project or the	2500
person, corporation, partnership, or association unconditionally	2501
guaranteeing performance by the principal user of its obligations	2502
under the mortgage.	2503

(E)(1) "Minority business enterprise" means an individual who	2504
is a United States citizen and owns and controls a business, or a	2505
partnership, corporation, or joint venture of any kind that is	2506
owned and controlled by United States citizens who, which citizen	2507
or citizens are residents of this state or nonresidents of this	2508
state who have a significant presence in this state, and who are	2509
members of one of the following economically disadvantaged groups:	2510
Blacks, American Indians, Hispanics, and Orientals.	2511

(2) "Owned and controlled" means that at least fifty-one per	2512
cent of the business, including corporate stock if a corporation,	2513
is owned by persons who belong to one or more of the groups set	2514
forth in division (E)(1) of this section, and that those owners	2515
have control over the management and day-to-day operations of the	2516
business and an interest in the capital, assets, and profits and	2517
losses of the business proportionate to their percentage of	2518
ownership. In order to qualify as a minority business enterprise,	2519
a business shall have been owned and controlled by those persons	2520
at least one year prior to being awarded a contract pursuant to	2521
this section.	2522

(F) "Community improvement corporation" means a corporation	2523
organized under Chapter 1724. of the Revised Code.	2524

(G) "Ohio development corporation" means a corporation	2525
organized under Chapter 1726. of the Revised Code.	2526

(H) "Minority contractors business assistance organization"	2527
means an entity engaged in the provision of management and	2528
technical business assistance to minority business enterprise	2529
entrepreneurs.	2530

(I) "Minority business supplier development council" means a	2531
nonprofit organization established as an affiliate of the national	2532
minority supplier development council.	2533

Sec. 122.76.  (A) The director of development, with	2534
controlling board approval, may lend funds to minority business	2535
enterprises and to community improvement corporations and, Ohio	2536
development corporations, minority contractors business assistance	2537
organizations, and minority business supplier development	2538
councils for the purpose of loaning funds to minority business	2539
enterprises and for the purpose of procuring or improving real or	2540
personal property, or both, for the establishment, location, or	2541
expansion of industrial, distribution, commercial, or research	2542
facilities in the state, if the director determines, in the	2543
director's sole discretion, that all of the following apply:	2544

(1) The project is economically sound and will benefit the	2545
people of the state by increasing opportunities for employment, by	2546
strengthening the economy of the state, or expanding minority	2547
business enterprises;.	2548

(2) The proposed minority business enterprise borrower is	2549
unable to finance the proposed project through ordinary financial	2550
channels at comparable terms;.	2551

(3) The value of the project is, or, upon completion	2552
thereof, will be, at least equal to the total amount of the money	2553
expended in the procurement or improvement of the project, and of	2554
which amount one or more financial institutions or other	2555
governmental entities have loaned not less than thirty per cent;	2556
of that amount.	2557

(4) The amount to be loaned by the director will not exceed	2558
sixty per cent of the total amount expended in the procurement or	2559
improvement of the project;.	2560

(5) The amount to be loaned by the director will be	2561
adequately secured by a first or second mortgage upon the project,	2562
or by mortgages, leases, liens, assignments, or pledges on or of	2563
other property or contracts as the director requires, and that	2564
such mortgage will not be subordinate to any other liens or	2565
mortgages except the liens securing loans or investments made by	2566
financial institutions referred to in division (A)(3) of this	2567
section, and the liens securing loans previously made by any	2568
financial institution in connection with the procurement or	2569
expansion of all or part of a project.	2570

(B) Any proposed minority business enterprise borrower	2571
submitting an application for assistance under this section shall	2572
not have defaulted on a previous loan from the director, and no	2573
full or limited partner, or major shareholder, or holder of an	2574
equity interest of the proposed minority business enterprise	2575
borrower shall have defaulted on a loan from the director;.	2576

(C) The proposed minority business enterprise borrower shall	2577
demonstrate to the satisfaction of the director that it is able to	2578
successfully compete in the private sector if it obtains the	2579
necessary financial, technical, or managerial support and that	2580
support is available through the director, the minority business	2581
development office of the department of development, or other	2582
identified and acceptable sources. In determining whether a	2583
minority business enterprise borrower will be able to successfully	2584
compete, the director may give consideration to such factors as	2585
the successful completion of or participation in courses of study,	2586
recognized by the board of regents as providing financial,	2587
technical, or managerial skills related to the operation of the	2588
business, by the economically disadvantaged individual, owner, or	2589
partner, and the prior success of the individual, owner, or	2590
partner in personal, career, or business activities, as well as to	2591
other factors identified by the director.	2592

(D) The director shall not lend funds for the purpose of	2593
procuring or improving motor vehicles, power-driven vehicles,	2594
office equipment, raw materials, small tools, supplies,	2595
inventories, or accounts receivable.	2596

Sec. 122.92.  There is hereby created in the department of	2597
development a minority business development division. The	2598
division shall do all of the following:	2599

(A) Provide technical, managerial, and counseling services	2600
and assistance to minority business enterprises;	2601

(B) Provide procurement and bid packaging assistance to	2602
minority business enterprises;	2603

(C) Provide bonding technical assistance to minority	2604
business enterprises;	2605

(D) Participate with other state departments and agencies as	2606
appropriate in developing specific plans and specific program	2607
goals for programs to assist in the establishment and development	2608
of minority business enterprises and establish regular performance	2609
monitoring and reporting systems to ensure that those goals are	2610
being achieved;	2611

(E) Implement state law and policy supporting minority	2612
business enterprise development, and assist in the coordination of	2613
plans, programs, and operations of state government which affect	2614
or may contribute to the establishment, preservation, and	2615
strengthening of minority business enterprises;	2616

(F) Assist in the coordination of activities and resources	2617
of state agencies and local governments, business and trade	2618
associations, universities, foundations, professional	2619
organizations, and volunteer and other groups, to promote the	2620
growth of minority business enterprises;	2621

(G) Establish a center for the development, collection, and	2622
dissemination of information that will be helpful to persons in	2623
establishing or expanding minority business enterprises in this	2624
state;	2625

(H) Design, implement, and assist in experimental and	2626
demonstration projects designed to overcome the special problems	2627
of minority business enterprises;	2628

(I) Coordinate reviews of all proposed state training and	2629
technical assistance activities in direct support of minority	2630
business enterprise programs to ensure consistency with program	2631
goals and to preclude duplication of efforts by other state	2632
agencies;	2633

(J) Recommend appropriate legislative or executive actions	2634
to enhance minority business enterprise opportunities in the	2635
state;	2636

(K) Assist minority business enterprises in obtaining	2637
governmental or commercial financing for business expansion,	2638
establishment of new businesses, or industrial development	2639
projects;	2640

(L) Assist minority business enterprises in contract	2641
procurement from government and commercial sources;	2642

(M) Establish procedures to identify groups who have been	2643
disadvantaged because of racial, cultural, or ethnic circumstances	2644
without regard to the individual qualities of the members of the	2645
group;	2646

(N) Establish procedures to identify persons who have been	2647
economically disadvantaged;	2648

(O) Provide grant assistance to nonprofit entities that	2649
promote economic development, development corporations, community	2650
improvement corporations, and incubator business entities, if the	2651
entities or corporations focus on business, technical, and	2652
financial assistance to minority business enterprises to assist	2653
the enterprises with fixed asset financing;	2654

(P) Do all acts and things necessary or proper to carry out	2655
the powers expressly granted and duties imposed by sections 122.92	2656
to 122.94 of the Revised Code.	2657

Sec. 125.22.  (A) The department of administrative services	2658
shall establish the central service agency to perform routine	2659
support for the following boards and commissions:	2660

(1) State board of examiners of architects;

2661

(2) Barber board;

2662

(3) State chiropractic board;

2663

(4) State board of cosmetology;

2664

(5) Accountancy board;

2665

(6) State dental board;

2666

(7) State board of optometry;

2667

(8) Ohio occupational therapy, physical therapy, and	2668
athletic trainers board;	2669

(9) State board of registration for professional engineers	2670
and surveyors;	2671

(10) State board of sanitarian registration;

2672

(11) Board of embalmers and funeral directors;

2673

(12) State board of psychology;

2674

(13) Ohio optical dispensers board;

2675

(14) Board of speech pathology and audiology;

2676

(15) Counselor and social worker board;

2677

(16) State veterinary medical licensing board;

2678

(17) Ohio board of dietetics;

2679

(18) Commission on Hispanic-Latino affairs;

2680

(19) Ohio respiratory care board;

2681

(20) Ohio commission on African-American males.

2682

(B)(1) Notwithstanding any other section of the Revised	2683
Code, the agency shall perform the following routine support	2684
services for the boards and commissions named in division (A) of	2685
this section unless the controlling board exempts a board or	2686
commission from this requirement on the recommendation of the	2687
director of administrative services:	2688

(a) Preparing and processing payroll and other personnel	2689
documents;	2690

(b) Preparing and processing vouchers, purchase orders,	2691
encumbrances, and other accounting documents;	2692

(c) Maintaining ledgers of accounts and balances;

2693

(d) Preparing and monitoring budgets and allotment plans in	2694
consultation with the boards and commissions;	2695

(e) Maintaining information required by section 3729.40 of	2696
the Revised Code;	2697

(f) Other routine support services that the director of	2698
administrative services considers appropriate to achieve	2699
efficiency.	2700

(2) The agency may perform other services which a board or	2701
commission named in division (A) of this section delegates to the	2702
agency and the agency accepts.	2703

(3) The agency may perform any service for any professional	2704
or occupational licensing board not named in division (A) of this	2705
section or any commission if the board or commission requests such	2706
service and the agency accepts.	2707

(C) The director of administrative services shall be the	2708
appointing authority for the agency.	2709

(D) The agency shall determine the fees to be charged to the	2710
boards and commissions, which shall be in proportion to the	2711
services performed for each board or commission.	2712

(E) Each board or commission named in division (A) of this	2713
section and any other board or commission requesting services from	2714
the agency shall pay these fees to the agency from the general	2715
revenue fund maintenance account of the board or commission or	2716
from such other fund as the operating expenses of the board or	2717
commission are paid. Any amounts set aside for a fiscal year by a	2718
board or commission to allow for the payment of fees shall be used	2719
only for the services performed by the agency in that fiscal year.	2720
All receipts collected by the agency shall be deposited in the	2721
state treasury to the credit of the central service agency fund,	2722
which is hereby created. All expenses incurred by the agency in	2723
performing services for the boards or commissions shall be paid	2724
from the fund.	2725

(F) Nothing in this section shall be construed as a grant of	2726
authority for the central service agency to initiate or deny	2727
personnel or fiscal actions for the boards and commissions.	2728

Sec. 126.11.  (A)(1) The director of budget and management	2729
shall, upon consultation with the treasurer of state, coordinate	2730
and approve the scheduling of initial sales of publicly offered	2731
securities of the state and of publicly offered fractionalized	2732
interests in or securitized issues of public obligations of the	2733
state. The director shall from time to time develop and	2734
distribute to state issuers an approved sale schedule for each of	2735
the obligations covered by this division (A) of this section. This	2736
division Division (A) of this section applies only to those	2737
nonconduit obligations on which the state or a state agency is the	2738
direct obligor or obligor on any backup security or related credit	2739
enhancement facility or source of money subject to state	2740
appropriations that is intended for payment of those obligations.	2741

(2) The issuers of obligations pursuant to section 151.03,	2742
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code	2743
shall submit to the director:	2744

(a) For review and approval: the projected sale date,	2745
amount, and type of obligations proposed to be sold; their	2746
purpose, security, and source of payment; and the proposed	2747
structure and maturity schedule;	2748

(b) For review and comment: the authorizing order or	2749
resolution; preliminary and final offering documents; method of	2750
sale; preliminary and final pricing information; and any written	2751
reports or recommendations of financial advisors or consultants	2752
relating to those obligations;	2753

(c) Promptly after each sale of those obligations: final	2754
terms, including sale price, maturity schedule and yields, and	2755
sources and uses; names of the original purchasers or	2756
underwriters; a copy of the final offering document and of the	2757
transcript of proceedings; and any other pertinent information	2758
requested by the director.	2759

(3) The issuer of obligations pursuant to section 151.06 or	2760
151.08 or Chapter 154. or 3318. of the Revised Code shall submit	2761
to the director:	2762

(a) For review and mutual agreement: the projected sale	2763
date, amount, and type of obligations proposed to be sold; their	2764
purpose, security, and source of payment; and the proposed	2765
structure and maturity schedule;	2766

(b) For review and comment: the authorizing order or	2767
resolution; preliminary and final offering documents; method of	2768
sale; preliminary and final pricing information; and any written	2769
reports or recommendations of financial advisors or consultants	2770
relating to those obligations;	2771

(c) Promptly after each sale of those obligations: final	2772
terms, including sale price, maturity schedule and yields, and	2773
sources and uses; names of the original purchasers or	2774
underwriters; a copy of the final offering document and of the	2775
transcript of proceedings; and any other pertinent information	2776
requested by the director.	2777

(4) The issuers of obligations pursuant to Chapter 166.,	2778
4981., 5540., or 6121., or section 5531.10, of the Revised Code	2779
shall submit to the director:	2780

(a) For review and comment: the projected sale date, amount,	2781
and type of obligations proposed to be sold; the purpose,	2782
security, and source of payment; and preliminary and final	2783
offering documents;	2784

(b) Promptly after each sale of those obligations: final	2785
terms, including a maturity schedule; names of the original	2786
purchasers or underwriters; a copy of the complete continuing	2787
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	2788
rule as from time to time in effect; and any other pertinent	2789
information requested by the director.	2790

(5) Not later than thirty days after the end of a fiscal	2791
year, each issuer of obligations subject to divisions (A) and (B)	2792
of this section shall submit to the director and to the treasurer	2793
of state a sale plan for the then current fiscal year for each	2794
type of obligation, projecting the amount and term of each	2795
issuance, the method of sale, and the month of sale.	2796

(B) Issuers of obligations pursuant to section 3318.085 or	2797
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,	2798
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of	2799
securities issued pursuant to Chapter 165. of the Revised Code	2800
other than a county or municipal corporation, shall submit to the	2801
director copies of the preliminary and final offering documents	2802
upon their availability if not previously submitted pursuant to	2803
division (A) of this section.	2804

(C) Not later than the first day of January of each year,	2805
every state agency obligated to make payments on outstanding	2806
public obligations with respect to which fractionalized interests	2807
have been publicly issued, such as certificates of participation,	2808
shall submit a report to the director of the amounts payable from	2809
state appropriations under those public obligations during the	2810
then current and next two fiscal years, identifying the	2811
appropriation or intended appropriation from which payment is	2812
expected to be made.	2813

(D)(1) Information relating generally to the historic,	2814
current, or future demographics or economy or financial condition	2815
or funds or general operations of the state, and descriptions of	2816
any state contractual obligations relating to public obligations,	2817
to be contained in any offering document, continuing disclosure	2818
document, or written presentation prepared, approved, or provided,	2819
or committed to be provided, by an issuer in connection with the	2820
original issuance and sale of, or rating, remarketing, or credit	2821
enhancement facilities relating to, public obligations referred to	2822
in division (A) of this section shall be approved as to format and	2823
accuracy by the director before being presented, published, or	2824
disseminated in preliminary, draft, or final form, or publicly	2825
filed in paper, electronic, or other format.	2826

(2) Except for information described in division (D)(1) of	2827
this section that is to be contained in an offering document,	2828
continuing disclosure document, or written presentation, division	2829
(D)(1) of this section does not inhibit direct communication	2830
between an issuer and a rating agency, remarketing agent, or	2831
credit enhancement provider concerning an issuance of public	2832
obligations referred to in division (A) of this section or matters	2833
associated with that issuance.	2834

(3) The materials approved and provided pursuant to division	2835
(D) of this section are the information relating to the particular	2836
subjects provided by the state or state agencies that are required	2837
or contemplated by any applicable state or federal securities laws	2838
and any commitments by the state or state agencies made under	2839
those laws. Reliance for the purpose should not be placed on any	2840
other information publicly provided, in any format including	2841
electronic, by any state agency for other purposes, including	2842
general information provided to the public or to portions of the	2843
public. A statement to that effect shall be included in those	2844
materials so approved or provided.	2845

(E) Issuers of obligations referred to in division (A) of	2846
this section may take steps, by formal agreement, covenants in the	2847
proceedings, or otherwise, as may be necessary or appropriate to	2848
comply or permit compliance with applicable lawful disclosure	2849
requirements relating to those obligations, and may, subject to	2850
division (D) of this section, provide, make available, or file	2851
copies of any required disclosure materials as necessary or	2852
appropriate. Any such formal agreement or covenant relating to	2853
subjects referred to in division (D) of this section, and any	2854
description of that agreement or covenant to be contained in any	2855
offering document, shall be approved by the director before being	2856
entered into or published or publicly disseminated in preliminary,	2857
draft, or final form or publicly filed in paper, electronic, or	2858
other format. The director shall be responsible for making all	2859
filings in compliance with those requirements relating to direct	2860
obligations of the state, including fractionalized interests in	2861
those obligations.	2862

(F) No state agency or official shall, without the approval	2863
of the director of budget and management, do either of the	2864
following:	2865

(1) Enter into or commit to enter into a public obligation	2866
under which fractionalized interests in the payments are to be	2867
publicly offered, which payments are anticipated to be made from	2868
money from any source appropriated or to be appropriated by the	2869
general assembly or in which the provision stated in section 9.94	2870
of the Revised Code is not included;	2871

(2) Except as otherwise expressly authorized for the purpose	2872
by law, agree or commit to provide, from money from any source to	2873
be appropriated in the future by the general assembly, financial	2874
assistance to or participation in the costs of capital facilities,	2875
or the payment of debt charges, directly or by way of a credit	2876
enhancement facility, a reserve, rental payments, or otherwise, on	2877
obligations issued to pay costs of capital facilities.	2878

(G) As used in this section, "credit enhancement	2879
facilities," "debt charges," "fractionalized interests in public	2880
obligations," "obligor," "public issuer," and "securities" have	2881
the same meanings as in section 133.01 of the Revised Code;	2882
"public obligation" has the same meaning as in division (GG)(2) of	2883
section 133.01 of the Revised Code; "obligations" means securities	2884
or public obligations or fractionalized interests in them;	2885
"issuers" means issuers of securities or state obligors on public	2886
obligations; "offering document" means an official statement,	2887
offering circular, private placement memorandum, or prospectus, or	2888
similar document; and "director" means the director of budget and	2889
management or the employee of the office of budget and management	2890
designated by the director for the purpose.	2891

Sec. 126.21.  (A) The director of budget and management	2892
shall do all of the following:	2893

(1) Keep all necessary accounting records;

2894

(2) Prescribe and maintain the accounting system of the	2895
state and establish appropriate accounting procedures and charts	2896
of accounts;	2897

(3) Establish procedures for the use of written, electronic,	2898
optical, or other communications media for approving payment	2899
vouchers;	2900

(4) Reconcile, in the case of any variation between the	2901
amount of any appropriation and the aggregate amount of items of	2902
the appropriation, with the advice and assistance of the state	2903
agency affected by it and the legislative budget office of the	2904
legislative service commission, totals so as to correspond in the	2905
aggregate with the total appropriation. In the case of a conflict	2906
between the item and the total of which it is a part, the item	2907
shall be considered the intended appropriation.	2908

(5) Evaluate on an ongoing basis and, if necessary,	2909
recommend improvements to the internal controls used in state	2910
agencies;	2911

(6) Authorize the establishment of petty cash accounts. The	2912
director of budget and management may withdraw approval for any	2913
petty cash account and require the officer in charge to return to	2914
the state treasury any unexpended balance shown by the officer's	2915
accounts to be on hand. Any officer who is issued a warrant for	2916
petty cash shall render a detailed account of the expenditures of	2917
the petty cash and shall report when requested the balance of	2918
petty cash on hand at any time.	2919

(7) Process orders, invoices, vouchers, claims, and payrolls	2920
and prepare financial reports and statements;	2921

(8) Perform extensions, reviews, and compliance checks prior	2922
to approving a payment as the director considers necessary;	2923

(9) Issue the official comprehensive annual financial report	2924
of the state. The report shall cover all funds and account groups	2925
of the state reporting entity and shall include general purpose	2926
basic financial statements and required supplementary information	2927
prepared in accordance with generally accepted accounting	2928
principles and other information as the director provides. All	2929
state agencies, authorities, institutions, offices, retirement	2930
systems, and other component units of the state reporting entity	2931
as determined by the director shall furnish the director whatever	2932
financial statements and other information the director requests	2933
for the report, in the form, at the times, covering the periods,	2934
and with the attestation the director prescribes. The information	2935
for state institutions of higher education, as defined in section	2936
3345.011 of the Revised Code, shall be submitted to the director	2937
by the Ohio board of regents. The board shall establish a due	2938
date by which each such institution shall submit the information	2939
to the board, but no such date shall be later than one hundred	2940
twenty days after the end of the state fiscal year unless a later	2941
date is approved by the director.	2942

(B) In addition to the director's duties under division (A)	2943
of this section, the director of budget and management may	2944
establish and administer one or more state payment card programs	2945
that permit or require state agencies to use a payment card to	2946
purchase equipment, materials, supplies, or services in accordance	2947
with guidelines issued by the director. The director may contract	2948
with one or more vendors to provide the payment cards and payment	2949
card services. State agencies may only participate in state	2950
payment card programs that the director establishes pursuant to	2951
this section.	2952

Sec. 127.16.  (A) Upon the request of either a state agency	2953
or the director of budget and management and after the controlling	2954
board determines that an emergency or a sufficient economic reason	2955
exists, the controlling board may approve the making of a purchase	2956
without competitive selection as provided in division (B) of this	2957
section.	2958

(B) Except as otherwise provided in this section, no state	2959
agency, using money that has been appropriated to it directly,	2960
shall:	2961

(1) Make any purchase from a particular supplier, that would	2962
amount to fifty thousand dollars or more when combined with both	2963
the amount of all disbursements to the supplier during the fiscal	2964
year for purchases made by the agency and the amount of all	2965
outstanding encumbrances for purchases made by the agency from the	2966
supplier, unless the purchase is made by competitive selection or	2967
with the approval of the controlling board;	2968

(2) Lease real estate from a particular supplier, if the	2969
lease would amount to seventy-five thousand dollars or more when	2970
combined with both the amount of all disbursements to the supplier	2971
during the fiscal year for real estate leases made by the agency	2972
and the amount of all outstanding encumbrances for real estate	2973
leases made by the agency from the supplier, unless the lease is	2974
made by competitive selection or with the approval of the	2975
controlling board.	2976

(C) Any person who authorizes a purchase in violation of	2977
division (B) of this section shall be liable to the state for any	2978
state funds spent on the purchase, and the attorney general shall	2979
collect the amount from the person.	2980

(D) Nothing in division (B) of this section shall be	2981
construed as:	2982

(1) A limitation upon the authority of the director of	2983
transportation as granted in sections 5501.17, 5517.02, and	2984
5525.14 of the Revised Code;	2985

(2) Applying to medicaid provider agreements under Chapter	2986
5111. of the Revised Code or payments or provider agreements under	2987
disability assistance medical assistance established under Chapter	2988
5115. of the Revised Code;	2989

(3) Applying to the purchase of examinations from a sole	2990
supplier by a state licensing board under Title XLVII of the	2991
Revised Code;	2992

(4) Applying to entertainment contracts for the Ohio state	2993
fair entered into by the Ohio expositions commission, provided	2994
that the controlling board has given its approval to the	2995
commission to enter into such contracts and has approved a total	2996
budget amount for such contracts as agreed upon by commission	2997
action, and that the commission causes to be kept itemized records	2998
of the amounts of money spent under each contract and annually	2999
files those records with the clerk of the house of representatives	3000
and the clerk of the senate following the close of the fair;	3001

(5) Limiting the authority of the chief of the division of	3002
mineral resources management to contract for reclamation work with	3003
an operator mining adjacent land as provided in section 1513.27 of	3004
the Revised Code;	3005

(6) Applying to investment transactions and procedures of	3006
any state agency, except that the agency shall file with the board	3007
the name of any person with whom the agency contracts to make,	3008
broker, service, or otherwise manage its investments, as well as	3009
the commission, rate, or schedule of charges of such person with	3010
respect to any investment transactions to be undertaken on behalf	3011
of the agency. The filing shall be in a form and at such times as	3012
the board considers appropriate.	3013

(7) Applying to purchases made with money for the per cent	3014
for arts program established by section 3379.10 of the Revised	3015
Code;	3016

(8) Applying to purchases made by the rehabilitation	3017
services commission of services, or supplies, that are provided to	3018
persons with disabilities, or to purchases made by the commission	3019
in connection with the eligibility determinations it makes for	3020
applicants of programs administered by the social security	3021
administration;	3022

(9) Applying to payments by the department of job and family	3023
services under section 5111.13 of the Revised Code for group	3024
health plan premiums, deductibles, coinsurance, and other	3025
cost-sharing expenses;	3026

(10) Applying to any agency of the legislative branch of the	3027
state government;	3028

(11) Applying to agreements or contracts entered into under	3029
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	3030

(12) Applying to purchases of services by the adult parole	3031
authority under section 2967.14 of the Revised Code or by the	3032
department of youth services under section 5139.08 of the Revised	3033
Code;	3034

(13) Applying to dues or fees paid for membership in an	3035
organization or association;	3036

(14) Applying to purchases of utility services pursuant to	3037
section 9.30 of the Revised Code;	3038

(15) Applying to purchases made in accordance with rules	3039
adopted by the department of administrative services of motor	3040
vehicle, aviation, or watercraft fuel, or emergency repairs of	3041
such vehicles;	3042

(16) Applying to purchases of tickets for passenger air	3043
transportation;	3044

(17) Applying to purchases necessary to provide public	3045
notifications required by law or to provide notifications of job	3046
openings;	3047

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

3048

(19) Applying to purchases of liquor for resale by the	3049
division of liquor control;	3050

(20) Applying to purchases of motor courier and freight	3051
services made in accordance with department of administrative	3052
services rules;	3053

(21) Applying to purchases from the United States postal	3054
service and purchases of stamps and postal meter replenishment	3055
from vendors at rates established by the United States postal	3056
service;	3057

(22) Applying to purchases of books, periodicals, pamphlets,	3058
newspapers, maintenance subscriptions, and other published	3059
materials;	3060

(23) Applying to purchases from other state agencies,	3061
including state-assisted institutions of higher education;	3062

(24) Limiting the authority of the director of environmental	3063
protection to enter into contracts under division (D) of section	3064
3745.14 of the Revised Code to conduct compliance reviews, as	3065
defined in division (A) of that section;	3066

(25) Applying to purchases from a qualified nonprofit agency	3067
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	3068

(26) Applying to payments by the department of job and	3069
family services to the United States department of health and	3070
human services for printing and mailing notices pertaining to the	3071
tax refund offset program of the internal revenue service of the	3072
United States department of the treasury;	3073

(27) Applying to contracts entered into by the department of	3074
mental retardation and developmental disabilities under sections	3075
5123.18, 5123.182, and 5111.252 of the Revised Code;	3076

(28) Applying to payments made by the department of mental	3077
health under a physician recruitment program authorized by section	3078
5119.101 of the Revised Code;	3079

(29) Applying to contracts entered into with persons by the	3080
director of commerce for unclaimed funds collection and remittance	3081
efforts as provided in division (F) of section 169.03 of the	3082
Revised Code. The director shall keep an itemized accounting of	3083
unclaimed funds collected by those persons and amounts paid to	3084
them for their services.	3085

(30) Applying to purchases made by a state institution of	3086
higher education in accordance with the terms of a contract	3087
between the vendor and an inter-university purchasing group	3088
comprised of purchasing officers of state institutions of higher	3089
education;	3090

(31) Applying to the department of job and family services'	3091
purchases of health assistance services under the children's	3092
health insurance program part I provided for under section 5101.50	3093
of the Revised Code or the children's health insurance program	3094
part II provided for under section 5101.51 of the Revised Code;	3095

(32) Applying to payments by the attorney general from the	3096
reparations fund to hospitals and other emergency medical	3097
facilities for performing medical examinations to collect physical	3098
evidence pursuant to section 2907.28 of the Revised Code.	3099

(E) Notwithstanding division (B)(1) of this section, the	3100
cumulative purchase threshold shall be seventy-five thousand	3101
dollars for the departments of mental retardation and	3102
developmental disabilities, mental health, rehabilitation and	3103
correction, and youth services.	3104

(F) When determining whether a state agency has reached the	3105
cumulative purchase thresholds established in divisions (B)(1),	3106
(B)(2), and (E) of this section, all of the following purchases by	3107
such agency shall not be considered:	3108

(1) Purchases made through competitive selection or with	3109
controlling board approval;	3110

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

3111

(3) For the purposes of the thresholds of divisions (B)(1)	3112
and (E) of this section only, leases of real estate.	3113

(G) As used in this section, "competitive selection,"	3114
"purchase," "supplies," and "services" have the same meanings as	3115
in section 125.01 of the Revised Code.	3116

Sec. 131.01.  As used in Chapters 113., 117., 123., 124.,	3117
125., 126., 127., and 131. of the Revised Code, and any statute	3118
that uses the terms in connection with state accounting or	3119
budgeting:	3120

(A) "Account" means any record, element, or summary in which	3121
financial transactions are identified and recorded as debit or	3122
credit transactions in order to summarize items of a similar	3123
nature or classification.	3124

(B) "Accounting procedure" means the arrangement of all	3125
processes which discover, record, and summarize financial	3126
information to produce financial statements and reports and to	3127
provide internal control.	3128

(C) "Accounting system" means the total structure of records	3129
and procedures which discover, record, classify, and report	3130
information on the financial position and operations of a	3131
governmental unit or any of its funds, balanced account groups,	3132
and organizational components.	3133

(D) "Allocation" means a portion of an appropriation which is	3134
designated for expenditure by specific organizational units or for	3135
special purposes, activities, or objects that do not relate to a	3136
period of time.	3137

(E) "Allotment" means all or part of an appropriation which	3138
may be encumbered or expended within a specific period of time.	3139

(F) "Appropriation" means an authorization granted by the	3140
general assembly to make expenditures and to incur obligations for	3141
specific purposes.	3142

(G) "Assets" means resources owned, controlled, or otherwise	3143
used or held by the state which have monetary value.	3144

(H) "Budget" means the plan of financial operation embodying	3145
an estimate of proposed expenditures and obligations for a given	3146
period and the proposed means of financing them.	3147

(I) "Direct deposit" is a form of electronic funds transfer	3148
in which money is electronically deposited into the account of a	3149
person or entity at a financial institution.	3150

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

3151

(K) "Electronic benefit transfer" means the electronic	3152
delivery of benefits through automated teller machines, point of	3153
sale terminals, or other electronic media pursuant to section	3154
5101.33 of the Revised Code.	3155

(L) "Electronic funds transfer" means the electronic movement	3156
of funds via automated clearing house or wire transfer.	3157

(M) "Encumbrancing document" means a document reserving all	3158
or part of an appropriation.	3159

(N) "Expenditure" means a reduction of the balance of an	3160
appropriation after legal requirements have been met.	3161

(O) "Fund" means an independent fiscal and accounting entity	3162
with a self-balancing set of accounts recording cash or other	3163
resources, together with all related liabilities, obligations,	3164
reserves, and fund balances which are segregated for the purpose	3165
of carrying on specific activities or attaining certain objectives	3166
in accordance with special rules, restrictions, or limitations.	3167

(P) "Lapse" means the automatic termination of an	3168
appropriation at the end of the fiscal period for which it was	3169
appropriated.	3170

(Q) "Reappropriation" means an appropriation of a previous	3171
appropriation that is continued in force in a succeeding	3172
appropriation period. "Reappropriation" shall be equated with and	3173
incorporated in the term "appropriation."	3174

(R) "Voucher" means the document used to transmit a claim for	3175
payment and evidentiary matter related to the claim.	3176

(S) "Warrant" means an order drawn upon the treasurer of	3177
state by the auditor of state directing the treasurer of state to	3178
pay a specified amount, including an order to make a lump-sum	3179
payment to a financial institution for the transfer of funds by	3180
direct deposit or the drawdown of funds by electronic benefit	3181
transfer, and the resulting electronic transfer to or by the	3182
ultimate payees.	3183

The terms defined in this section shall be used, on all	3184
accounting forms, reports, formal rules, and budget requests	3185
produced by a state agency, only as defined in this section.	3186

Sec. 133.021.  The general assembly hereby finds and declares	3187
that the "Tax Reform Act of 1986" (the "Act") establishes a	3188
unified volume ceiling on the aggregate amount of private activity	3189
bonds which can be issued in each state. The unified volume	3190
ceiling is the product of seventy-five dollars multiplied by the	3191
state population in 1987 and fifty dollars multiplied by the state	3192
population in each succeeding calendar year.	3193

The general assembly further finds and declares that the Act	3194
requires the state to allocate its volume ceiling according to a	3195
specified formula unless a different procedure is established by	3196
the governor or general assembly.	3197

The general assembly further finds and declares that pursuant	3198
to authorization of state legislation the general assembly has, by	3199
division (D)(3) of section 133.02 of the Revised Code, effective	3200
October 30, 1989, provided for delegating such function to the	3201
governor and for further delegation as therein provided, subject	3202
to such prospectively effective actions as may subsequently be	3203
taken by the general assembly.	3204

The general assembly further finds and declares that it	3205
desires to by legislation provide for an efficient, effective, and	3206
equitable procedure under which the state will allocate the	3207
unified volume ceiling.	3208

The general assembly therefore finds and declares that it is	3209
necessary to create the joint select committee on volume cap to	3210
create a process for the allocation of the unified volume ceiling.	3211

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	3212
Revenue Code, which provides that a state may by law provide a	3213
different formula for allocating the state ceiling, there is	3214
hereby created the joint select committee on volume cap to provide	3215
for the allocation and the reallocation of the unified volume	3216
ceiling among the governmental units (or other authorities) in the	3217
state having authority to issue tax exempt private activity bonds.	3218

(B) The committee shall consist of eight members. Two	3219
members shall be from the house of representatives appointed by	3220
the speaker of the house of representatives; two members shall be	3221
from the senate appointed by the president of the senate; and four	3222
members shall be appointed by the governor. Each member shall be	3223
selected for his or her the member's knowledge and experience in	3224
tax exempt private activity bonds. The members shall serve at the	3225
pleasure of the appointing authority. A vacancy shall be filled	3226
in the same manner as the original appointment.	3227

(C) The purpose of the committee shall be to maximize the	3228
economic benefits of the unified volume ceiling to all citizens of	3229
the state. To this end, the joint select committee on volume cap	3230
shall:	3231

(1) Annually, survey the governmental units (or other	3232
authorities) in the state having authority to issue tax exempt	3233
private activity bonds concerning:	3234

(a) The amount of tax exempt private activity bonds issued	3235
for the previous calendar year; and	3236

(b) The amount requested for the calendar year allocation	3237
currently under consideration.	3238

(2) Set forth procedures for making allocations,	3239
reallocation and carry forward of the state's unified volume	3240
ceiling in accordance with the Act;	3241

(3)(2) Develop strategies for allocating and reallocating	3242
the unified volume ceiling which are designed to maximize the	3243
availability of tax exempt private activity bonds among competing	3244
sectors of the state.	3245

(D) To provide for the orderly and prompt issuance of	3246
private activity bonds, the committee is authorized to allocate	3247
the unified volume ceiling among those governmental units (or	3248
other authorities) in the state having authority to issue tax	3249
exempt private activity bonds. The committee shall reserve a	3250
portion of the unified volume ceiling to be allocated for	3251
multi-family rental housing projects. The committee in	3252
determination of unified volume ceiling allocations and	3253
reallocations shall consider the following:	3254

(1) The interest of the state with regard to long-term	3255
economic development, housing, education, redevelopment, and solid	3256
waste management;	3257

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

3258

(3) The needs of political subdivisions.

3259

(E) The director of development shall adopt rules in	3260
accordance with Chapter 119. of the Revised Code to carry out the	3261
purposes of this section.	3262

Sec. 133.06.  (A) A school district shall not incur, without	3263
a vote of the electors, net indebtedness that exceeds an amount	3264
equal to one-tenth of one per cent of its tax valuation, except as	3265
provided in divisions (G) and (H) of this section and in division	3266
(C) of section 3313.372 of the Revised Code, or as prescribed in	3267
section 3318.052 of the Revised Code.	3268

(B) Except as provided in divisions (E) and, (F), and (I) of	3269
this section, a school district shall not incur net indebtedness	3270
that exceeds an amount equal to nine per cent of its tax	3271
valuation.	3272

(C) A school district shall not submit to a vote of the	3273
electors the question of the issuance of securities in an amount	3274
that will make the district's net indebtedness after the issuance	3275
of the securities exceed an amount equal to four per cent of its	3276
tax valuation, unless the superintendent of public instruction,	3277
acting under policies adopted by the state board of education, and	3278
the tax commissioner, acting under written policies of the	3279
commissioner, consent to the submission. A request for the	3280
consents shall be made at least thirty days prior to the election	3281
at which the question is to be submitted, except that the	3282
superintendent of public instruction and the tax commissioner may	3283
waive this thirty-day deadline or grant their consents after the	3284
election if the school district shows good cause for such waiver	3285
or consent after the election.	3286

(D) In calculating the net indebtedness of a school	3287
district, none of the following shall be considered:	3288

(1) Securities issued to acquire school buses and other	3289
equipment used in transporting pupils or issued pursuant to	3290
division (D) of section 133.10 of the Revised Code;	3291

(2) Securities issued under division (F) of this section,	3292
under section 133.301 of the Revised Code, and, to the extent in	3293
excess of the limitation stated in division (B) of this section,	3294
under division (E) of this section;	3295

(3) Indebtedness resulting from the dissolution of a joint	3296
vocational school district under section 3311.217 of the Revised	3297
Code, evidenced by outstanding securities of that joint vocational	3298
school district;	3299

(4) Loans, evidenced by any securities, received under	3300
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	3301
Revised Code;	3302

(5) Debt incurred under section 3313.374 of the Revised	3303
Code;	3304

(6) Debt incurred pursuant to division (B)(5) of section	3305
3313.37 of the Revised Code to acquire computers and related	3306
hardware;	3307

(7) Debt incurred under section 3318.041 of the Revised	3308
Code.	3309

(E) A school district may become a special needs district as	3310
to certain securities as provided in division (E) of this section.	3311

(1) A board of education, by resolution, may declare its	3312
school district to be a special needs district by determining both	3313
of the following:	3314

(a) The student population is not being adequately serviced	3315
by the existing permanent improvements of the district.	3316

(b) The district cannot obtain sufficient funds by the	3317
issuance of securities within the limitation of division (B) of	3318
this section to provide additional or improved needed permanent	3319
improvements in time to meet the needs.	3320

(2) The board of education shall certify a copy of that	3321
resolution to the superintendent of public instruction with a	3322
statistical report showing all of the following:	3323

(a) A history of and a projection of the growth of the	3324
student population;	3325

(b) The history of and a projection of the growth of the tax	3326
valuation;	3327

(c) The projected needs;

3328

(d) The estimated cost of permanent improvements proposed to	3329
meet such projected needs.	3330

(3) The superintendent of public instruction shall certify	3331
the district as an approved special needs district if the	3332
superintendent finds both of the following:	3333

(a) The district does not have available sufficient	3334
additional funds from state or federal sources to meet the	3335
projected needs.	3336

(b) The projection of the potential average growth of tax	3337
valuation during the next five years, according to the information	3338
certified to the superintendent and any other information the	3339
superintendent obtains, indicates a likelihood of potential	3340
average growth of tax valuation of the district during the next	3341
five years of an average of not less than three per cent per year.	3342
The findings and certification of the superintendent shall be	3343
conclusive.	3344

(4) An approved special needs district may incur net	3345
indebtedness by the issuance of securities in accordance with the	3346
provisions of this chapter in an amount that does not exceed an	3347
amount equal to the greater of the following:	3348

(a) Nine per cent of the sum of its tax valuation plus an	3349
amount that is the product of multiplying that tax valuation by	3350
the percentage by which the tax valuation has increased over the	3351
tax valuation on the first day of the sixtieth month preceding the	3352
month in which its board determines to submit to the electors the	3353
question of issuing the proposed securities;	3354

(b) Nine per cent of the sum of its tax valuation plus an	3355
amount that is the product of multiplying that tax valuation by	3356
the percentage, determined by the superintendent of public	3357
instruction, by which that tax valuation is projected to increase	3358
during the next ten years.	3359

(F) A school district may issue securities for emergency	3360
purposes, in a principal amount that does not exceed an amount	3361
equal to three per cent of its tax valuation, as provided in this	3362
division.	3363

(1) A board of education, by resolution, may declare an	3364
emergency if it determines both of the following:	3365

(a) School buildings or other necessary school facilities in	3366
the district have been wholly or partially destroyed, or condemned	3367
by a constituted public authority, or that such buildings or	3368
facilities are partially constructed, or so constructed or planned	3369
as to require additions and improvements to them before the	3370
buildings or facilities are usable for their intended purpose, or	3371
that corrections to permanent improvements are necessary to remove	3372
or prevent health or safety hazards.	3373

(b) Existing fiscal and net indebtedness limitations make	3374
adequate replacement, additions, or improvements impossible.	3375

(2) Upon the declaration of an emergency, the board of	3376
education may, by resolution, submit to the electors of the	3377
district pursuant to section 133.18 of the Revised Code the	3378
question of issuing securities for the purpose of paying the cost,	3379
in excess of any insurance or condemnation proceeds received by	3380
the district, of permanent improvements to respond to the	3381
emergency need.	3382

(3) The procedures for the election shall be as provided in	3383
section 133.18 of the Revised Code, except that:	3384

(a) The form of the ballot shall describe the emergency	3385
existing, refer to this division as the authority under which the	3386
emergency is declared, and state that the amount of the proposed	3387
securities exceeds the limitations prescribed by division (B) of	3388
this section;	3389

(b) The resolution required by division (B) of section	3390
133.18 of the Revised Code shall be certified to the county	3391
auditor and the board of elections at least seventy-five days	3392
prior to the election;	3393

(c) The county auditor shall advise and, not later than	3394
sixty-five days before the election, confirm that advice by	3395
certification to, the board of education of the information	3396
required by division (C) of section 133.18 of the Revised Code;	3397

(d) The board of education shall then certify its resolution	3398
and the information required by division (D) of section 133.18 of	3399
the Revised Code to the board of elections not less than sixty	3400
days prior to the election.	3401

(4) Notwithstanding division (B) of section 133.21 of the	3402
Revised Code, the first principal payment of securities issued	3403
under this division may be set at any date not later than sixty	3404
months after the earliest possible principal payment otherwise	3405
provided for in that division.	3406

(G) The board of education may contract with an architect,	3407
professional engineer, or other person experienced in the design	3408
and implementation of energy conservation measures for an analysis	3409
and recommendations pertaining to installations, modifications of	3410
installations, or remodeling that would significantly reduce	3411
energy consumption in buildings owned by the district. The report	3412
shall include estimates of all costs of such installations,	3413
modifications, or remodeling, including costs of design,	3414
engineering, installation, maintenance, repairs, and debt service,	3415
and estimates of the amounts by which energy consumption and	3416
resultant operational and maintenance costs, as defined by the	3417
Ohio school facilities commission, would be reduced.	3418

If the board finds after receiving the report that the amount	3419
of money the district would spend on such installations,	3420
modifications, or remodeling is not likely to exceed the amount of	3421
money it would save in energy and resultant operational and	3422
maintenance costs over the ensuing fifteen years, the board may	3423
submit to the commission a copy of its findings and a request for	3424
approval to incur indebtedness to finance the making or	3425
modification of installations or the remodeling of buildings for	3426
the purpose of significantly reducing energy consumption.	3427

If the commission determines that the board's findings are	3428
reasonable, it shall approve the board's request. Upon receipt of	3429
the commission's approval, the district may issue securities	3430
without a vote of the electors in a principal amount not to exceed	3431
nine-tenths of one per cent of its tax valuation for the purpose	3432
of making such installations, modifications, or remodeling, but	3433
the total net indebtedness of the district without a vote of the	3434
electors incurred under this and all other sections of the Revised	3435
Code shall not exceed one per cent of the district's tax	3436
valuation.	3437

So long as any securities issued under division (G) of this	3438
section remain outstanding, the board of education shall monitor	3439
the energy consumption and resultant operational and maintenance	3440
costs of buildings in which installations or modifications have	3441
been made or remodeling has been done pursuant to division (G) of	3442
this section and shall maintain and annually update a report	3443
documenting the reductions in energy consumption and resultant	3444
operational and maintenance cost savings attributable to such	3445
installations, modifications, or remodeling. The report shall be	3446
certified by an architect or engineer independent of any person	3447
that provided goods or services to the board in connection with	3448
the energy conservation measures that are the subject of the	3449
report. The resultant operational and maintenance cost savings	3450
shall be certified by the school district treasurer. The report	3451
shall be made available to the commission upon request.	3452

(H) With the consent of the superintendent of public	3453
instruction, a school district may incur without a vote of the	3454
electors net indebtedness that exceeds the amounts stated in	3455
divisions (A) and (G) of this section for the purpose of paying	3456
costs of permanent improvements, if and to the extent that both of	3457
the following conditions are satisfied:	3458

(1) The fiscal officer of the school district estimates that	3459
receipts of the school district from payments made under or	3460
pursuant to agreements entered into pursuant to section 725.02,	3461
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	3462
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	3463
Code, or distributions under division (C) of section 5709.43 of	3464
the Revised Code, or any combination thereof, are, after	3465
accounting for any appropriate coverage requirements, sufficient	3466
in time and amount, and are committed by the proceedings, to pay	3467
the debt charges on the securities issued to evidence that	3468
indebtedness and payable from those receipts, and the taxing	3469
authority of the district confirms the fiscal officer's estimate,	3470
which confirmation is approved by the superintendent of public	3471
instruction;	3472

(2) The fiscal officer of the school district certifies, and	3473
the taxing authority of the district confirms, that the district,	3474
at the time of the certification and confirmation, reasonably	3475
expects to have sufficient revenue available for the purpose of	3476
operating such permanent improvements for their intended purpose	3477
upon acquisition or completion thereof, and the superintendent of	3478
public instruction approves the taxing authority's confirmation.	3479

The maximum maturity of securities issued under division (H)	3480
of this section shall be the lesser of twenty years or the maximum	3481
maturity calculated under section 133.20 of the Revised Code.	3482

(I) A school district may incur net indebtedness by the	3483
issuance of securities in accordance with the provisions of this	3484
chapter in excess of the limit specified in division (B) of this	3485
section when necessary to raise the school district portion of the	3486
basic project cost pursuant to Chapter 3318. of the Revised Code.	3487
The school facilities commission shall notify the superintendent	3488
of public instruction whenever a school district will exceed the	3489
nine per cent limit pursuant to this division.	3490

Sec. 133.07.  (A) A county shall not incur, without a vote	3491
of the electors, either of the following:	3492

(1) Net indebtedness for all purposes that exceeds an amount	3493
equal to one per cent of its tax valuation;	3494

(2) Net indebtedness for the purpose of paying the county's	3495
share of the cost of the construction, improvement, maintenance,	3496
or repair of state highways that exceeds an amount equal to	3497
one-half of one per cent of its tax valuation.	3498

(B) A county shall not incur total net indebtedness that	3499
exceeds an amount equal to one of the following limitations that	3500
applies to the county:	3501

(1) A county with a valuation not exceeding one hundred	3502
million dollars, three per cent of that tax valuation;	3503

(2) A county with a tax valuation exceeding one hundred	3504
million dollars but not exceeding three hundred million dollars,	3505
three million dollars plus one and one-half per cent of that tax	3506
valuation in excess of one hundred million dollars;	3507

(3) A county with a tax valuation exceeding three hundred	3508
million dollars, six million dollars plus two and one-half per	3509
cent of that tax valuation in excess of three hundred million	3510
dollars.	3511

(C) In calculating the net indebtedness of a county, none of	3512
the following securities shall be considered:	3513

(1) Securities described in section 307.201 of the Revised	3514
Code;	3515

(2) Self-supporting securities issued for any purposes,	3516
including, but not limited to, any of the following general	3517
purposes:	3518

(a) Water systems or facilities;

3519

(b) Sanitary sewerage systems or facilities, or surface and	3520
storm water drainage and sewerage systems or facilities, or a	3521
combination of those systems or facilities;	3522

(c) County or joint county scrap tire collection, storage,	3523
monocell, monofill, or recovery facilities, or any combination of	3524
those facilities;	3525

(d) Off-street parking lots, facilities, or buildings, or	3526
on-street parking facilities, or any combination of off-street and	3527
on-street parking facilities;	3528

(e) Facilities for the care or treatment of the sick or	3529
infirm, and for housing the persons providing that care or	3530
treatment and their families;	3531

(f) Recreational, sports, convention, auditorium, museum,	3532
trade show, and other public attraction facilities;	3533

(g) Facilities for natural resources exploration,	3534
development, recovery, use, and sale;	3535

(h) Correctional and detention facilities and related	3536
rehabilitation facilities.	3537

(3) Securities issued for the purpose of purchasing,	3538
constructing, improving, or extending water or sanitary or surface	3539
and storm water sewerage systems or facilities, or a combination	3540
of those systems or facilities, to the extent that an agreement	3541
entered into with another subdivision requires the other	3542
subdivision to pay to the county amounts equivalent to debt	3543
charges on the securities;	3544

(4) Voted general obligation securities issued for the	3545
purpose of permanent improvements for sanitary sewerage or water	3546
systems or facilities to the extent that the total principal	3547
amount of voted securities outstanding for the purpose does not	3548
exceed an amount equal to two per cent of the county's tax	3549
valuation;	3550

(5) Securities issued for permanent improvements to house	3551
agencies, departments, boards, or commissions of the county or of	3552
any municipal corporation located, in whole or in part, in the	3553
county, to the extent that the revenues, other than revenues from	3554
unvoted county property taxes, derived from leases or other	3555
agreements between the county and those agencies, departments,	3556
boards, commissions, or municipal corporations relating to the use	3557
of the permanent improvements are sufficient to cover the cost of	3558
all operating expenses of the permanent improvements paid by the	3559
county and debt charges on the securities;	3560

(6) Securities issued pursuant to section 133.08 of the	3561
Revised Code;	3562

(7) Securities issued for the purpose of acquiring or	3563
constructing roads, highways, bridges, or viaducts, for the	3564
purpose of acquiring or making other highway permanent	3565
improvements, or for the purpose of procuring and maintaining	3566
computer systems for the office of the clerk of any	3567
county-operated municipal court, for the office of the clerk of	3568
the court of common pleas, or for the office of the clerk of the	3569
probate, juvenile, or domestic relations division of the court of	3570
common pleas to the extent that the legislation authorizing the	3571
issuance of the securities includes a covenant to appropriate from	3572
moneys distributed to the county pursuant to division (B) of	3573
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	3574
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	3575
sufficient amount to cover debt charges on and financing costs	3576
relating to the securities as they become due;	3577

(8) Securities issued for the purpose of acquiring,	3578
constructing, improving, and equipping a county, multicounty, or	3579
multicounty-municipal jail, workhouse, juvenile detention	3580
facility, or correctional facility;	3581

(9) Securities issued for the acquisition, construction,	3582
equipping, or repair of any permanent improvement or any class or	3583
group of permanent improvements enumerated in a resolution adopted	3584
pursuant to division (D) of section 5739.026 of the Revised Code	3585
to the extent that the legislation authorizing the issuance of the	3586
securities includes a covenant to appropriate from moneys received	3587
from the taxes authorized under section 5739.023 and division	3588
(A)(5) of section 5739.026 of the Revised Code an amount	3589
sufficient to pay debt charges on the securities and those moneys	3590
shall be pledged for that purpose;	3591

(10) Securities issued for county or joint county solid	3592
waste or hazardous waste collection, transfer, or disposal	3593
facilities, or resource recovery and solid or hazardous waste	3594
recycling facilities, or any combination of those facilities;	3595

(11) Securities issued for the acquisition, construction,	3596
and equipping of a port authority educational and cultural	3597
facility under section 307.671 of the Revised Code;	3598

(12) Securities issued for the acquisition, construction,	3599
equipping, and improving of a municipal educational and cultural	3600
facility under division (B)(1) of section 307.672 of the Revised	3601
Code;	3602

(13) Securities issued for energy conservation measures	3603
under section 307.041 of the Revised Code;	3604

(14) Securities issued for the acquisition, construction,	3605
equipping, improving, or repair of a sports facility, including	3606
obligations issued to pay costs of a sports facility under section	3607
307.673 of the Revised Code;	3608

(15) Securities issued under section 755.17 of the Revised	3609
Code if the legislation authorizing issuance of the securities	3610
includes a covenant to appropriate from revenue received from a	3611
tax authorized under division (A)(5) of section 5739.026 and	3612
section 5741.023 of the Revised Code an amount sufficient to pay	3613
debt charges on the securities, and the board of county	3614
commissioners pledges that revenue for that purpose, pursuant to	3615
section 755.171 of the Revised Code;	3616

(16) Sales tax supported bonds issued pursuant to section	3617
133.081 of the Revised Code for the purpose of acquiring,	3618
constructing, improving, or equipping any permanent improvement to	3619
the extent that the legislation authorizing the issuance of the	3620
sales tax supported bonds pledges county sales taxes to the	3621
payment of debt charges on the sales tax supported bonds and	3622
contains a covenant to appropriate from county sales taxes a	3623
sufficient amount to cover debt charges or the financing costs	3624
related to the sales tax supported bonds as they become due.;	3625

(17) Bonds or notes issued under section 133.60 of the	3626
Revised Code if the legislation authorizing issuance of the bonds	3627
or notes includes a covenant to appropriate from revenue received	3628
from a tax authorized under division (A)(9) of section 5739.026	3629
and section 5741.023 of the Revised Code an amount sufficient to	3630
pay the debt charges on the bonds or notes, and the board of	3631
county commissioners pledges that revenue for that purpose.;	3632

(18) Securities issued under section 3707.55 of the Revised	3633
Code for the acquisition of real property by a general health	3634
district;	3635

(19) Securities issued under division (A)(3) of section	3636
3313.37 of the Revised Code for the acquisition of real and	3637
personal property by an educational service center.	3638

(D) In calculating the net indebtedness of a county, no	3639
obligation incurred under division (D) of section 339.06 of the	3640
Revised Code shall be considered.	3641

Sec. 140.01.  As used in this chapter:

3642

(A) "Hospital agency" means any public hospital agency or any	3643
nonprofit hospital agency.	3644

(B) "Public hospital agency" means any county, board of	3645
county hospital trustees established pursuant to section 339.02 of	3646
the Revised Code, county hospital commission established pursuant	3647
to section 339.14 of the Revised Code, municipal corporation, new	3648
community authority organized under Chapter 349. of the Revised	3649
Code, joint township hospital district, state or municipal	3650
university or college operating or authorized to operate a	3651
hospital facility, or the state.	3652

(C) "Nonprofit hospital agency" means a corporation or	3653
association not for profit, no part of the net earnings of which	3654
inures or may lawfully inure to the benefit of any private	3655
shareholder or individual, that has authority to own or operate a	3656
hospital facility or provides or is to provide services to one or	3657
more other hospital agencies.	3658

(D) "Governing body" means, in the case of a county, the	3659
board of county commissioners or other legislative body; in the	3660
case of a board of county hospital trustees, the board; in the	3661
case of a county hospital commission, the commission; in the case	3662
of a municipal corporation, the council or other legislative	3663
authority; in the case of a new community authority, its board of	3664
trustees; in the case of a joint township hospital district, the	3665
joint township district hospital board; in the case of a state or	3666
municipal university or college, its board of trustees or board of	3667
directors; in the case of a nonprofit hospital agency, the board	3668
of trustees or other body having general management thereof of the	3669
agency; and, in the case of the state, the director of development	3670
or the Ohio higher educational facility commission.	3671

(E) "Hospital facilities" means buildings, structures and	3672
other improvements, additions thereto and extensions thereof,	3673
furnishings, equipment, and real estate and interests in real	3674
estate, used or to be used for or in connection with one or more	3675
hospitals, emergency, intensive, intermediate, extended,	3676
long-term, or self-care facilities, diagnostic and treatment and	3677
out-patient facilities, facilities related to programs for home	3678
health services, clinics, laboratories, public health centers,	3679
research facilities, and rehabilitation facilities, for or	3680
pertaining to diagnosis, treatment, care, or rehabilitation of	3681
sick, ill, injured, infirm, impaired, disabled, or handicapped	3682
persons, or the prevention, detection, and control of disease, and	3683
also includes education, training, and food service facilities for	3684
health professions personnel, housing facilities for such	3685
personnel and their families, and parking and service facilities	3686
in connection with any of the foregoing; and includes any one,	3687
part of, or any combination of the foregoing; and further includes	3688
site improvements, utilities, machinery, facilities, furnishings,	3689
and any separate or connected buildings, structures, improvements,	3690
sites, utilities, facilities, or equipment to be used in, or in	3691
connection with the operation or maintenance of, or supplementing	3692
or otherwise related to the services or facilities to be provided	3693
by, any one or more of such hospital facilities.	3694

(F) "Costs of hospital facilities" means the costs of	3695
acquiring or constructing hospital facilities, costs of improving	3696
one or more hospital facilities, including reconstructing,	3697
rehabilitating, remodeling, renovating, and enlarging, costs of	3698
equipping and furnishing such facilities, and all financing costs	3699
pertaining thereto, including, without limitation thereto, costs	3700
of engineering, architectural, and other professional services,	3701
designs, plans, specifications and surveys, and estimates of cost,	3702
costs of tests and inspections, the costs of any indemnity or	3703
surety bonds and premiums on insurance, all related direct or	3704
allocable administrative expenses pertaining thereto, fees and	3705
expenses of trustees, depositories, and paying agents for the	3706
obligations, cost of issuance of the obligations and financing	3707
charges and fees and expenses of financial advisors, attorneys,	3708
accountants, consultants and rating services in connection	3709
therewith, capitalized interest on the obligations, amounts	3710
necessary to establish reserves as required by the bond	3711
proceedings, the reimbursement of all moneys advanced or applied	3712
by the hospital agency or others or borrowed from others for the	3713
payment of any item or items of costs of such facilities, and all	3714
other expenses necessary or incident to planning or determining	3715
feasibility or practicability with respect to such facilities, and	3716
such other expenses as may be necessary or incident to the	3717
acquisition, construction, reconstruction, rehabilitation,	3718
remodeling, renovation, enlargement, improvement, equipment, and	3719
furnishing of such facilities, the financing thereof, and the	3720
placing of the same in use and operation, including any one, part	3721
of, or combination of such classes of costs and expenses, and	3722
means the costs of refinancing obligations issued by, or	3723
reimbursement of money advanced by, nonprofit hospital agencies or	3724
others the proceeds of which were used for the payment of costs of	3725
hospital facilities, if the governing body of the public hospital	3726
agency determines that the refinancing or reimbursement advances	3727
the purposes of this chapter, whether or not the refinancing or	3728
reimbursement is in conjunction with the acquisition or	3729
construction of additional hospital facilities.	3730

(G) "Hospital receipts" means all moneys received by or on	3731
behalf of a hospital agency from or in connection with the	3732
ownership, operation, acquisition, construction, improvement,	3733
equipping, or financing of any hospital facilities, including,	3734
without limitation thereto, any rentals and other moneys received	3735
from the lease, sale, or other disposition of hospital facilities,	3736
and any gifts, grants, interest subsidies, or other moneys	3737
received under any federal program for assistance in financing the	3738
costs of hospital facilities, and any other gifts, grants, and	3739
donations, and receipts therefrom, available for financing the	3740
costs of hospital facilities.	3741

(H) "Obligations" means bonds, notes, or other evidences of	3742
indebtedness or obligation, including interest coupons pertaining	3743
thereto, issued or issuable by a public hospital agency to pay	3744
costs of hospital facilities.	3745

(I) "Bond service charges" means principal, interest, and	3746
call premium, if any, required to be paid on obligations.	3747

(J) "Bond proceedings" means one or more ordinances,	3748
resolutions, trust agreements, indentures, and other agreements or	3749
documents, and amendments and supplements to the foregoing, or any	3750
combination thereof, authorizing or providing for the terms,	3751
including any variable interest rates, and conditions applicable	3752
to, or providing for the security of, obligations and the	3753
provisions contained in such obligations.	3754

(K) "Nursing home" has the same meaning as in division (A)(1)	3755
of section 5701.13 of the Revised Code.	3756

(L) "Residential care facility" has the same meaning as in	3757
division (A)(2) of section 5701.13 of the Revised Code.	3758

(M) "Adult care facility" has the same meaning as in division	3759
(A)(3) of section 5701.13 of the Revised Code.	3760

(N) "Independent living facility" means any self-care	3761
facility or other housing facility designed or used as a residence	3762
for elderly persons. An "independent living facility" does not	3763
include a residential facility, or that part of a residential	3764
facility, that is any of the following:	3765

(1) A hospital required to be certified by section 3727.02	3766
of the Revised Code;	3767

(2) A nursing home or residential care facility;

3768

(3) An adult care facility;

3769

(4) A hospice licensed under section 3712.04 of the Revised	3770
Code;	3771

(5) A habilitation center as defined in section 5123.041 of	3772
the Revised Code;	3773

(6) A residential facility for the mentally ill licensed by	3774
the department of mental health under section 5119.22 of the	3775
Revised Code;	3776

(7) A facility licensed to provide methadone treatment under	3777
section 3793.11 of the Revised Code;	3778

(8) A facility certified as an alcohol and drug addiction	3779
program under section 3793.06 of the Revised Code;	3780

(9) A residential facility licensed under section 5123.19 of	3781
the Revised Code or a facility providing services under a contract	3782
with the department of mental retardation and developmental	3783
disabilities under section 5123.18 of the Revised Code;	3784

(10) A residential facility used as part of a hospital to	3785
provide housing for staff of the hospital or students pursuing a	3786
course of study at the hospital.	3787

Sec. 166.03.  (A) There is hereby created the facilities	3788
establishment fund within the state treasury, consisting of	3789
proceeds from the issuance of obligations as specified under	3790
section 166.08 of the Revised Code; the moneys received by the	3791
state from the sources specified in section 166.09 of the Revised	3792
Code; service charges imposed under sections 166.06 and 166.07 of	3793
the Revised Code; any grants, gifts, or contributions of moneys	3794
received by the director of development to be used for loans made	3795
under section 166.07 of the Revised Code or for the payment of the	3796
allowable costs of project facilities; and all other moneys	3797
appropriated or transferred to the fund. Moneys in the loan	3798
guarantee fund in excess of four per cent of the unpaid principal	3799
amount of loan repayments guaranteed under section 166.06 of the	3800
Revised Code, but subject to the provisions and requirements of	3801
any guarantee contracts, may be transferred to the facilities	3802
establishment fund by the treasurer of state upon the order of the	3803
director of development. Moneys received by the state under	3804
Chapter 122. of the Revised Code, to the extent allocable to the	3805
utilization of moneys derived from proceeds of the sale of	3806
obligations pursuant to section 166.08 of the Revised Code, shall	3807
be credited to the facilities establishment fund.	3808

(B) All moneys appropriated or transferred to the facilities	3809
establishment fund may be released at the request of the director	3810
of development for payment of allowable costs or the making of	3811
loans under this chapter, for transfer to the loan guarantee fund	3812
established in section 166.06 of the Revised Code, or for use for	3813
the purpose of or transfer to the funds established by sections	3814
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and	3815
122.80 of the Revised Code and, until July 1, 2001 2003, the funds	3816
established by sections 122.26 and 166.031 of the Revised Code,	3817
but only for such of those purposes as are within the	3818
authorization of Section 13 of Article VIII, Ohio Constitution, in	3819
all cases subject to the approval of the controlling board.	3820

(C) The department of development, in the administration of	3821
the facilities establishment fund, is encouraged to utilize and	3822
promote the utilization of, to the maximum practicable extent, the	3823
other existing programs, business incentives, and tax incentives	3824
that department is required or authorized to administer or	3825
supervise.	3826

Sec. 169.01.  As used in this chapter, unless the context	3827
otherwise requires:	3828

(A) "Financial organization" means any bank, trust company,	3829
savings bank, safe deposit company, mutual savings bank without	3830
mutual stock, savings and loan association, credit union, or	3831
investment company.	3832

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	3833
or intangible property, described in section 169.02 of the Revised	3834
Code, when, as shown by the records of the holder, the owner has	3835
not, within the times provided in section 169.02 of the Revised	3836
Code, done any of the following:	3837

(a) Increased, decreased, or adjusted the amount of such	3838
funds;	3839

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

3840

(c) Presented an appropriate record for the crediting of	3841
such funds or received payment of such funds by check, draft, or	3842
otherwise;	3843

(d) Corresponded with the holder concerning such funds;

3844

(e) Otherwise indicated an interest in or knowledge of such	3845
funds;	3846

(f) Transacted business with the holder.

3847

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

3848

(a) Money received or collected under section 9.39 of the	3849
Revised Code;	3850

(b) Any payment or credit due to a business association from	3851
a business association representing sums payable to suppliers, or	3852
payment for services rendered, in the course of business,	3853
including, but not limited to, checks or memoranda, overpayments,	3854
unidentified remittances, nonrefunded overcharges, discounts,	3855
refunds, and rebates;	3856

(c) Any payment or credit received by a business association	3857
from a business association for tangible goods sold, or services	3858
performed, in the course of business, including, but not limited	3859
to, checks or memoranda, overpayments, unidentified remittances,	3860
nonrefunded overcharges, discounts, refunds, and rebates;	3861

(d) Any credit due a retail customer that is represented by a	3862
gift certificate, gift card, merchandise credit, or merchandise	3863
credit card, redeemable only for merchandise.	3864

For purposes of divisions (B)(2)(b) and (c) of this section,	3865
"business association" means any corporation, joint venture,	3866
business trust, limited liability company, partnership,	3867
association, or other business entity composed of one or more	3868
individuals, whether or not the entity is for profit.	3869

(C) "Owner" means any person, or the person's legal	3870
representative, entitled to receive or having a legal or equitable	3871
interest in or claim against moneys, rights to moneys, or other	3872
intangible property, subject to this chapter.	3873

(D)(1) "Holder" means any person that has possession,	3874
custody, or control of moneys, rights to moneys, or other	3875
intangible property, or that is indebted to another, if any of the	3876
following applies:	3877

(a) Such person resides in this state;

3878

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

3879

(c) Such person is formed under the laws of the United	3880
States and has an office or principal place of business in this	3881
state;	3882

(d) The records of such person indicate that the last known	3883
address of the owner of such moneys, rights to moneys, or other	3884
intangible property is in this state;	3885

(e) The records of such person do not indicate the last	3886
known address of the owner of the moneys, rights to moneys, or	3887
other intangible property and the entity originating or issuing	3888
the moneys, rights to moneys, or other intangible property is this	3889
state or any political subdivision of this state, or is	3890
incorporated, organized, created, or otherwise located in this	3891
state. Division (D)(1)(e) of this section applies to all moneys,	3892
rights to moneys, or other intangible property that is in the	3893
possession, custody, or control of such person on or after July	3894
22, 1994, whether the moneys, rights to moneys, or other	3895
intangible property becomes unclaimed funds prior to or on or	3896
after such that date.	3897

(2) "Holder" does not mean any hospital granted tax-exempt	3898
status under section 501(c)(3) of the Internal Revenue Code or any	3899
hospital owned or operated by the state or by any political	3900
subdivision. Any entity in order to be exempt from the definition	3901
of "holder" pursuant to this division shall make a reasonable,	3902
good-faith effort to contact the owner of the unclaimed funds.	3903

(E) "Person" includes a natural person; corporation, whether	3904
for profit or not for profit; copartnership; unincorporated	3905
association or organization; public authority; estate; trust; two	3906
or more persons having a joint or common interest; eleemosynary	3907
organization; fraternal or cooperative association; other legal or	3908
community entity; the United States government, including any	3909
district, territory, possession, officer, agency, department,	3910
authority, instrumentality, board, bureau, or court; or any state	3911
or political subdivision thereof, including any officer, agency,	3912
board, bureau, commission, division, department, authority, court,	3913
or instrumentality.	3914

(F) "Mortgage funds" means the mortgage insurance fund	3915
created by section 122.561 of the Revised Code, and the housing	3916
guarantee fund created by division (D) of section 128.11 of the	3917
Revised Code.	3918

(G) "Lawful claims" means any vested right a holder of	3919
unclaimed funds has against the owner of such unclaimed funds.	3920

(H) "Public utility" means any entity defined as such by	3921
division (A) of section 745.01 or by section 4905.02 of the	3922
Revised Code.	3923

(I) "Deposit" means to place money in the custody of a	3924
financial organization for the purpose of establishing an	3925
income-bearing account by purchase or otherwise.	3926

(J) "Income-bearing account" means a time or savings	3927
account, whether or not evidenced by a certificate of deposit, or	3928
an investment account through which investments are made solely in	3929
obligations of the United States or its agencies or	3930
instrumentalities or guaranteed as to principal and interest by	3931
the United States or its agencies or instrumentalities, debt	3932
securities rated as investment grade by at least two nationally	3933
recognized rating services, debt securities which the director of	3934
commerce has determined to have been issued for the safety and	3935
welfare of the residents of this state, and equity interests in	3936
mutual funds that invest solely in some or all of the above-listed	3937
securities and involve no general liability, without regard to	3938
whether income earned on such accounts, securities, or interests	3939
is paid periodically or at the end of a term.	3940

Sec. 173.40.  There is hereby created a component of the	3941
medicaid program established under Chapter 5111. of the Revised	3942
Code to be known as the preadmission screening system providing	3943
options and resources today program, or PASSPORT. Through the	3944
medical assistance program established under Chapter 5111. of the	3945
Revised Code, the The PASSPORT program shall provide home and	3946
community-based services as an alternative to nursing facility	3947
placement for aged and disabled persons medicaid recipients. The	3948
program shall be operated pursuant to a home and community-based	3949
waiver granted by the United States secretary of health and human	3950
services under section 1915 of the "Social Security Act," 49 Stat.	3951
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	3952
shall administer the program. The department of aging shall enter	3953
into through an interagency agreement entered into with the	3954
department of job and family services regarding services provided	3955
under the program to recipients of medical assistance under	3956
Chapter 5111. under section 5111.86 of the Revised Code. The	3957
directors of aging and job and family services shall adopt rules	3958
in accordance with Chapter 119. of the Revised Code to implement	3959
the program.	3960

Sec. 175.22.  (A) The department of development and the Ohio	3961
housing finance agency shall each develop programs under which, in	3962
accordance with rules adopted under this section, it may make	3963
grants, loans, loan guarantees, and loan subsidies to counties,	3964
municipal corporations, townships, local housing authorities, and	3965
nonprofit organizations and may make loans, loan guarantees, and	3966
loan subsidies to private developers and private lenders to assist	3967
them in activities that will provide housing and housing	3968
assistance for specifically targeted low- and moderate-income	3969
families and individuals. Activities for which grants, loans,	3970
loan guarantees, and loan subsidies may be made under this section	3971
include all of the following:	3972

(1) Acquiring, financing, constructing, leasing,	3973
rehabilitating, remodeling, improving, and equipping publicly or	3974
privately owned housing;	3975

(2) Providing supportive services related to housing and the	3976
homeless, including housing counseling;. Not more than twenty per	3977
cent of the current year appropriation authority for the low- and	3978
moderate-income housing trust fund shall be awarded in any fiscal	3979
year for such supportive services.	3980

(3) Providing rental assistance payments or other project	3981
operating subsidies that lower tenant rents.	3982

(B) Grants, loans, loan guarantees, and loan subsidies may be	3983
made to counties, municipal corporations, townships, and nonprofit	3984
organizations for the additional purposes of providing technical	3985
assistance, design and finance services and consultation, and	3986
payment of pre-development and administrative costs related to any	3987
of the activities listed above.	3988

(C) In developing programs under this section, the	3989
department and the agency shall invite, accept, and consider	3990
public comment, and recommendations from the housing trust fund	3991
advisory committee created under section 175.25 of the Revised	3992
Code, on how the programs should be designed to most effectively	3993
benefit low- and moderate-income families and individuals. The	3994
programs developed under this section shall respond collectively	3995
to housing and housing assistance needs of low- and	3996
moderate-income families and individuals statewide.	3997

(D) The department and the agency, in accordance with	3998
Chapter 119. of the Revised Code, shall each adopt rules under	3999
which it shall administer programs developed by it under this	4000
section. The rules shall prescribe procedures and forms whereby	4001
counties, municipal corporations, townships, local housing	4002
authorities, and nonprofit organizations may apply for grants,	4003
loans, loan guarantees, and loan subsidies and private developers	4004
and private lenders may apply for loans, loan guarantees, and loan	4005
subsidies; eligibility criteria for the receipt of funds;	4006
procedures for reviewing and granting or denying applications;	4007
procedures for paying out funds; conditions on the use of funds;	4008
procedures for monitoring the use of funds; and procedures under	4009
which a recipient shall be required to repay funds that are	4010
improperly used. The rules adopted by the department shall do	4011
both of the following:	4012

(1) Require each recipient of a grant or loan made from the	4013
low- and moderate-income housing trust fund for activities that	4014
will provide, or assist in providing, a rental housing project, to	4015
reasonably ensure that the rental housing project will be	4016
affordable to those families and individuals targeted for the	4017
rental housing project for the useful life of the rental housing	4018
project or for thirty years, whichever is longer;	4019

(2) Require each recipient of a grant or loan made from the	4020
low- and moderate-income housing trust fund for activities that	4021
will provide, or assist in providing, a housing project to prepare	4022
and implement a plan to reasonably assist any families and	4023
individuals displaced by the housing project in obtaining decent	4024
affordable housing.	4025

(E) In prescribing eligibility criteria and conditions for	4026
the use of funds, neither the department nor agency is limited to	4027
the criteria and conditions specified in this section and each may	4028
prescribe additional eligibility criteria and conditions that	4029
relate to the purposes for which grants, loans, loan guarantees,	4030
and loan subsidies may be made. However, the department and	4031
agency are limited by the following specifically targeted low- and	4032
moderate-income guidelines:	4033

(1) Not less than seventy-five per cent of the money granted	4034
and loaned under this section in any biennium shall be for	4035
activities that will provide affordable housing and housing	4036
assistance to families and individuals in a county whose incomes	4037
are equal to or less than fifty per cent of the median income for	4038
that county, as determined by the department under section 175.23	4039
of the Revised Code.	4040

(2) The remainder of the money granted and loaned under this	4041
section in any biennium shall be for activities that will provide	4042
affordable housing and housing assistance to families and	4043
individuals in a county whose incomes are equal to or less than	4044
eighty per cent of the median income for that county, as	4045
determined by the department under section 175.23 of the Revised	4046
Code.	4047

(F) In making grants, loans, loan guarantees, and loan	4048
subsidies under this section, the department and the agency shall	4049
give preference to viable projects and activities that will	4050
benefit those families and individuals in a county whose incomes	4051
are equal to or less than thirty-five per cent of the median	4052
income for that county, as determined by the department under	4053
section 175.23 of the Revised Code. The department and the agency	4054
shall monitor the programs developed under this section to ensure	4055
that money granted and loaned under this section is not used in a	4056
manner that violates division (H) of section 4112.02 of the	4057
Revised Code or discriminates against families with children.	4058

Sec. 179.02.  (A) There is hereby established the Ohio	4059
commission on dispute resolution and conflict management,	4060
consisting of twelve members, unless a vacancy exists in an	4061
appointment at any given time. The purpose of the commission is	4062
to provide, coordinate, fund, and evaluate dispute resolution and	4063
conflict management education, training, and research programs in	4064
this state, and to consult with, educate, train, provide resources	4065
for, and otherwise assist and facilitate other persons and public	4066
or private agencies, organizations, or entities that are engaged	4067
in activities related to dispute resolution and conflict	4068
management. Four members of the commission shall be appointed by	4069
the governor, four members shall be appointed by the chief justice	4070
of the supreme court, two members shall be appointed by the	4071
president of the senate, and two members shall be appointed by the	4072
speaker of the house of representatives.	4073

Within thirty days after the effective date of this section	4074
June 30, 1995, the governor, the chief justice of the supreme	4075
court, the president of the senate, and the speaker of the house	4076
of representatives shall make initial appointments to the	4077
commission. Of the initial appointments made to the commission by	4078
the governor and the chief justice, two each shall be for a term	4079
ending two years after the effective date of this section June 30,	4080
1995, and two each shall be for a term ending four years after	4081
that date. Of the initial appointments made to the commission by	4082
the president of the senate and the speaker of the house of	4083
representatives, one each shall be for a term ending two years	4084
after the effective date of this section June 30, 1995, and one	4085
each shall be for a term ending four years after that date.	4086
Thereafter, terms of office shall be for three years, with each	4087
term ending on the same day of the same month of the year as the	4088
term that it succeeds. Each member shall hold office from the	4089
date of appointment until the end of the term for which appointed.	4090
Members may be reappointed. Vacancies	4091

Vacancies shall be filled in the manner provided for original	4092
appointments. Any member appointed to fill a vacancy occurring	4093
prior to the expiration date of the term for which the member's	4094
predecessor was appointed shall hold office as a member for the	4095
remainder of that term. A	4096

A member shall continue in office subsequent to the	4097
expiration date of the member's term until a the member's	4098
successor takes office or until a period of sixty days has	4099
elapsed, whichever occurs first.	4100

(B) The commission shall meet within two weeks after all of	4101
its initial members have been appointed, at a time and place	4102
determined by the governor. Thereafter, the commission shall meet	4103
at least quarterly, or more often upon the call of the chairman	4104
chairperson or at the request of the executive director of the	4105
commission. The	4106

The commission shall organize by selecting from among its	4107
members a chairman chairperson, a vice-chairman vice-chairperson,	4108
and such other necessary officers as are necessary. All officers	4109
shall be elected annually by vote of the members of the	4110
commission. Each	4111

Each member of the commission shall have one vote. Seven A	4112
majority of the members constitute of the commission, as it exists	4113
at any given time, constitutes a quorum, and the votes of a	4114
majority of the members present at a meeting of the commission are	4115
required to validate an action of the commission.	4116

(C) The members of the commission shall serve without	4117
compensation, but each member shall be reimbursed for actual and	4118
necessary expenses incurred in the performance of official duties,	4119
and actual mileage for each mile necessarily traveled in the	4120
performance of official duties.	4121

Sec. 179.03.  (A) The Ohio commission on dispute resolution	4122
and conflict management shall do all of the following:	4123

(1) Appoint and set the compensation of an executive	4124
director, who shall serve at the pleasure of the commission;	4125

(2) Establish and maintain a central office;

4126

(3) Adopt rules to govern the application for, and the	4127
awarding of, grants made available by the commission under	4128
sections 179.01 to 179.04 of the Revised Code out of the dispute	4129
resolution and conflict management commission gifts, grants, and	4130
reimbursements fund established by division (C) of this section;	4131

(4) Seek, solicit, and apply for grants from any public or	4132
private source to provide for the operation of dispute resolution	4133
and conflict management programs in this state;	4134

(5) Adopt standards for the evaluation of dispute resolution	4135
and conflict management programs funded pursuant to sections	4136
179.01 to 179.04 of the Revised Code;	4137

(6) Provide technical aid and assistance to dispute	4138
resolution and conflict management programs, to centers that	4139
provide these programs, and to public and private agencies and	4140
organizations that provide these programs or engage in dispute	4141
resolution and conflict management activities services;	4142

(7) Approve an annual operating budget;

4143

(8) Prepare an annual report on the operation of the	4144
commission and the office established by the commission, and	4145
provide the report to the governor, the supreme court, and the	4146
general assembly.	4147

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

4148

(1) Receive and accept donations, grants, awards, bequests,	4149
gifts, reimbursements, and similar funds from any lawful source;	4150

(2) Accept the services of volunteer workers and consultants	4151
at no compensation, other than reimbursement for actual and	4152
necessary expenses incurred in the performance of their official	4153
duties, and reimburse any volunteer workers or consultants for	4154
their actual and necessary expenses so incurred;	4155

(3) Prepare and publish statistical data and case studies	4156
and other data pertinent to the development, operation, and	4157
evaluation of dispute resolution and conflict management programs	4158
and centers that provide these programs or engage in dispute	4159
resolution and conflict management services;	4160

(4) Conduct programs that have a general objective of	4161
training and educating mediators and other persons engaged in	4162
providing dispute resolution and conflict management services;	4163

(5) Develop programs and curricula that are designed to	4164
provide dispute resolution and conflict management training and	4165
education for public and private education, as well as other	4166
appropriate education forums;	4167

(6) Enter into contracts for dispute resolution and conflict	4168
management services or authorize the executive director to enter	4169
into those contracts.	4170

(C) There is hereby established in the state treasury the	4171
dispute resolution and conflict management commission gifts,	4172
grants, and reimbursements fund. All donations, grants, awards,	4173
bequests, gifts, and reimbursements, and similar funds received by	4174
the commission under this section shall be deposited in the fund.	4175

Sec. 179.04.  (A) No person shall be appointed executive	4176
director of the Ohio commission on dispute resolution and conflict	4177
management unless the person is trained in law, public affairs,	4178
business administration, or social sciences and the person has	4179
experience in administering dispute resolution and conflict	4180
management programs or services. The executive director appointed	4181
by the commission shall serve at the pleasure of the commission.	4182

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

4183

(1) Appoint and set the compensation of personnel who are	4184
necessary for the efficient operation of the office established by	4185
the commission, with the approval of the commission;	4186

(2) Keep and maintain financial records pertaining to the	4187
awarding of grants and contracts authorized pursuant to under	4188
sections 179.01 to 179.04 of the Revised Code, and report	4189
periodically, but not less than annually, to the commission on all	4190
relevant data pertaining to the operations, costs, and projected	4191
needs of the office established by the commission and on	4192
recommendations for legislation or amendments to court rules that	4193
may be appropriate to improve dispute resolution and conflict	4194
management programs.	4195

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

4196

(1) Make all necessary arrangements to coordinate the	4197
services of the office established by the commission with any	4198
federal, state, county, municipal, township, or private entity or	4199
program established to provide dispute resolution and conflict	4200
management services and to obtain and provide all funds allowable	4201
from any such entity or under any such programs program;	4202

(2) Consult and cooperate with professional groups concerned	4203
with the study, development, implementation, and evaluation of	4204
dispute resolution and conflict management programs and services	4205
and the operation of the state dispute resolution and conflict	4206
management office established by the commission;	4207

(3) Accept the services of volunteer workers and consultants	4208
at no compensation, other than reimbursement for actual and	4209
necessary expenses incurred in the performance of their official	4210
duties, and provide for the reimbursement of any volunteer workers	4211
or consultants for their actual and necessary expenses so	4212
incurred;	4213

(4) Prescribe any forms that are necessary for the uniform	4214
operation of sections 179.01 to 179.04 of the Revised Code;	4215

(5) With the authorization of the commission, enter into	4216
contracts for dispute resolution and conflict management services.	4217

Sec. 181.51.  As used in sections 181.51 to 181.56 of the	4218
Revised Code:	4219

(A) "Federal criminal justice acts" means any federal law	4220
that authorizes financial assistance and other forms of assistance	4221
to be given by the federal government to the states to be used for	4222
the improvement of the criminal and juvenile justice systems of	4223
the states.	4224

(B)(1) "Criminal justice system" includes all of the	4225
functions of the following:	4226

(a) The state highway patrol, county sheriff offices,	4227
municipal and township police departments, and all other law	4228
enforcement agencies;	4229

(b) The courts of appeals, courts of common pleas, municipal	4230
courts, county courts, and mayor's courts, when dealing with	4231
criminal cases;	4232

(c) The prosecuting attorneys, city directors of law,	4233
village solicitors, and other prosecuting authorities when	4234
prosecuting or otherwise handling criminal cases and the county	4235
and joint county public defenders and other public defender	4236
agencies or offices;	4237

(d) The department of rehabilitation and correction,	4238
probation departments, county and municipal jails and workhouses,	4239
and any other department, agency, or facility that is concerned	4240
with the rehabilitation or correction of criminal offenders;	4241

(e) Any public or private agency whose purposes include the	4242
prevention of crime or the diversion, adjudication, detention, or	4243
rehabilitation of criminal offenders;	4244

(f) Any public or private agency, the purposes of which	4245
include assistance to crime victims or witnesses.	4246

(2) The inclusion of any public or private agency, the	4247
purposes of which include assistance to crime victims or	4248
witnesses, as part of the criminal justice system pursuant to	4249
division (B)(1) of this section does not limit, and shall not be	4250
construed as limiting, the discretion or authority of the attorney	4251
general with respect to crime victim assistance and criminal	4252
justice programs.	4253

(C) "Juvenile justice system" includes all of the functions	4254
of the juvenile courts, the department of youth services, any	4255
public or private agency whose purposes include the prevention of	4256
delinquency or the diversion, adjudication, detention, or	4257
rehabilitation of delinquent children, and any of the functions of	4258
the criminal justice system that are applicable to children.	4259

(D) "Comprehensive plan" means a document that coordinates,	4260
evaluates, and otherwise assists, on an annual or multi-year	4261
basis, all any of the functions of the criminal and juvenile	4262
justice systems of the state or a specified area of the state,	4263
that conforms to the priorities of the state with respect to	4264
criminal and juvenile justice systems, and that conforms with the	4265
requirements of all federal criminal justice acts. These	4266
functions may include, but are not limited to, all any of the	4267
following:	4268

(1) Crime and delinquency prevention;

4269

(2) Identification, detection, apprehension, and detention	4270
of persons charged with criminal offenses or delinquent acts;	4271

(3) Assistance to crime victims or witnesses, except that	4272
the comprehensive plan does not include the functions of the	4273
attorney general pursuant to sections 109.91 and 109.92 of the	4274
Revised Code;	4275

(4) Adjudication or diversion of persons charged with	4276
criminal offenses or delinquent acts;	4277

(5) Custodial treatment of criminal offenders and,	4278
delinquent children, or both;	4279

(6) Institutional and noninstitutional rehabilitation of	4280
criminal offenders and, delinquent children, or both.	4281

(E) "Metropolitan county criminal justice services agency"	4282
means an agency that is established pursuant to division (A) of	4283
section 181.54 of the Revised Code.	4284

(F) "Administrative planning district" means a district that	4285
is established pursuant to division (A) or (B) of section 181.56	4286
of the Revised Code.	4287

(G) "Criminal justice coordinating council" means a criminal	4288
justice services agency that is established pursuant to division	4289
(B)(D) of section 181.56 of the Revised Code.	4290

(H) "Local elected official" means any person who is a member	4291
of a board of county commissioners or township trustees or of a	4292
city or village council, judge of the court of common pleas, a	4293
municipal court, or a county court, sheriff, county coroner,	4294
prosecuting attorney, city director of law, village solicitor, or	4295
mayor.	4296

(I) "Juvenile justice coordinating council" means a juvenile	4297
justice services agency that is established pursuant to division	4298
(D) of section 181.56 of the Revised Code.	4299

Sec. 181.52.  (A) There is hereby created an office of	4300
criminal justice services. The governor shall appoint a director	4301
of the office, and the director may appoint, within the office,	4302
any professional and technical personnel and other employees that	4303
are necessary to enable the office to comply with sections 181.51	4304
to 181.56 of the Revised Code. The director and the assistant	4305
director of the office, and all professional and technical	4306
personnel employed within the office who are not public employees	4307
as defined in section 4117.01 of the Revised Code, shall be in the	4308
unclassified civil service, and all other persons employed within	4309
the office shall be in the classified civil service. The director	4310
may enter into any contracts, except contracts governed by Chapter	4311
4117. of the Revised Code, that are necessary for the operation of	4312
the office.	4313

(B) Subject to division (D)(E) of this section and subject	4314
to divisions (D) to (F) of section 5120.09 of the Revised Code	4315
insofar as those divisions relate to federal criminal justice acts	4316
that the governor requires the department of rehabilitation and	4317
correction to administer, the office of criminal justice services	4318
shall do all of the following:	4319

(1) Serve as the state criminal justice services agency and	4320
perform criminal and juvenile justice system planning in the	4321
state, including any planning that is required by any federal law;	4322

(2) Collect, analyze, and correlate information and data	4323
concerning the criminal and juvenile justice systems system in the	4324
state;	4325

(3) Cooperate with and provide technical assistance to state	4326
departments, administrative planning districts, metropolitan	4327
county criminal justice services agencies, criminal justice	4328
coordinating councils, agencies, offices, and departments of the	4329
criminal and juvenile justice systems system in the state, and	4330
other appropriate organizations and persons;	4331

(4) Encourage and assist agencies, offices, and departments	4332
of the criminal and juvenile justice systems system in the state	4333
and other appropriate organizations and persons to solve problems	4334
that relate to the duties of the office;	4335

(5) Administer within the state any federal criminal justice	4336
acts or juvenile justice acts that the governor requires it to	4337
administer;	4338

(6) Administer funds received under the "Family Violence	4339
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	4340
10401, as amended, with all powers necessary for the adequate	4341
administration of those funds, including the authority to	4342
establish a family violence prevention and services program.	4343

(7) Implement the state comprehensive plans;

4344

(7)(8) Audit grant activities of agencies, offices,	4345
organizations, and persons that are financed in whole or in part	4346
by funds granted through the office;	4347

(8)(9) Monitor or evaluate the performance of criminal and	4348
juvenile justice systems system projects and programs in the state	4349
that are financed in whole or in part by funds granted through the	4350
office;	4351

(9)(10) Apply for, allocate, disburse, and account for	4352
grants that are made available pursuant to federal criminal	4353
justice acts or juvenile justice acts, or made available from	4354
other federal, state, or private sources, to improve the criminal	4355
and juvenile justice systems system in the state. All money from	4356
such federal grants shall, if the terms under which the money is	4357
received require that the money be deposited into an	4358
interest-bearing fund or account, be deposited in the state	4359
treasury to the credit of the federal program purposes fund, which	4360
is hereby created. All investment earnings of the fund shall be	4361
credited to the fund.	4362

(10)(11) Contract with federal, state, and local agencies,	4363
foundations, corporations, businesses, and persons when necessary	4364
to carry out the duties of the office;	4365

(11)(12) Oversee the activities of metropolitan county	4366
criminal justice services agencies, administrative planning	4367
districts, and criminal justice coordinating councils in the	4368
state;	4369

(12)(13) Advise the general assembly and governor on	4370
legislation and other significant matters that pertain to the	4371
improvement and reform of criminal and juvenile justice systems in	4372
the state;	4373

(13)(14) Prepare and recommend legislation to the general	4374
assembly and governor for the improvement of the criminal and	4375
juvenile justice systems in the state;	4376

(14)(15) Assist, advise, and make any reports that are	4377
requested or required by the governor, attorney general, or	4378
general assembly;	4379

(15)(16) Adopt rules pursuant to Chapter 119. of the Revised	4380
Code.	4381

(C) Division Upon the request of the governor, the office of	4382
criminal justice services may do any of the following:	4383

(1) Collect, analyze, or correlate information and data	4384
concerning the juvenile justice system in the state;	4385

(2) Cooperate with and provide technical assistance to state	4386
departments, administrative planning districts, metropolitan	4387
county criminal justice service agencies, criminal justice	4388
coordinating councils, agency offices, and the departments of the	4389
juvenile justice system in the state and other appropriate	4390
organizations and persons;	4391

(3) Encourage and assist agencies, offices, and departments	4392
of the juvenile justice system in the state and other appropriate	4393
organizations and persons to solve problems that relate to the	4394
duties of the office.	4395

(D) Divisions (B) and (C) of this section does do not limit	4396
the discretion or authority of the attorney general with respect	4397
to crime victim assistance and criminal justice programs.	4398

(D)(E) Nothing in this section is intended to diminish or	4399
alter the status of the office of the attorney general as a	4400
criminal justice services agency.	4401

Sec. 181.54.  (A) A county may enter into an agreement with	4402
the largest city within the county to establish a metropolitan	4403
county criminal justice services agency, if the population of the	4404
county exceeds five hundred thousand or the population of the city	4405
exceeds two hundred fifty thousand.	4406

(B) A metropolitan county criminal justice services agency	4407
shall do all of the following:	4408

(1) Accomplish criminal and juvenile justice systems	4409
planning within its services area;	4410

(2) Collect, analyze, and correlate information and data	4411
concerning the criminal and juvenile justice systems within its	4412
services area;	4413

(3) Cooperate with and provide technical assistance to all	4414
criminal and juvenile justice agencies and systems and other	4415
appropriate organizations and persons within its services area;	4416

(4) Encourage and assist agencies of the criminal and	4417
juvenile justice systems and other appropriate organizations and	4418
persons to solve problems that relate to its duties;	4419

(5) Administer within its services area any federal criminal	4420
justice acts or juvenile justice acts that the office of criminal	4421
justice services or the department of youth services administers	4422
within the state;	4423

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

4424

(7) Monitor or evaluate, within its services area, the	4425
performance of the criminal and juvenile justice systems projects	4426
and programs that are financed in whole or in part by funds	4427
granted through it;	4428

(8) Apply for, allocate, and disburse grants that are made	4429
available pursuant to any federal criminal justice acts, or	4430
pursuant to any other federal, state, or private sources for the	4431
purpose of improving the criminal and juvenile justice systems;	4432

(9) Contract with federal, state, and local agencies,	4433
foundations, corporations, and other businesses or persons to	4434
carry out the duties of the agency.	4435

Sec. 181.56.  (A) In counties in which a metropolitan county	4436
criminal justice services agency does not exist, the office of	4437
criminal justice services shall discharge the office's duties that	4438
the governor requires it to administer by establishing	4439
administrative planning districts for criminal justice programs.	4440
An administrative planning district shall contain a group of	4441
contiguous counties in which no county has a metropolitan county	4442
criminal justice services agency.	4443

(B) In counties in which a metropolitan county criminal	4444
justice services agency does not exist, the department of youth	4445
services shall discharge the department's duty by establishing	4446
administrative planning districts for juvenile justice programs.	4447

(C) All administrative planning districts shall contain a	4448
group of contiguous counties in which no county has a metropolitan	4449
county criminal justice services agency.	4450

(D) Any county or any combination of contiguous counties	4451
within an administrative planning district may form a criminal	4452
justice coordinating council or a juvenile justice coordinating	4453
council for its respective programs, if the county or the group of	4454
counties has a total population in excess of two hundred fifty	4455
thousand. The council shall comply with the conditions set forth	4456
in divisions (B) and (C) of section 181.55 of the Revised Code,	4457
and exercise within its jurisdiction the powers and duties set	4458
forth in division (B) of section 181.54 of the Revised Code.	4459

Sec. 183.09.  The fiscal year of the tobacco use prevention	4460
and control foundation shall be the same as the fiscal year of the	4461
state.	4462

Within ninety days after the end of each fiscal year, the	4463
foundation shall submit to the governor and the general assembly	4464
both of the following:	4465

(A) A report of the activities of the foundation during the	4466
preceding fiscal year and an independent and objective evaluation	4467
of the progress being made by the foundation in reducing tobacco	4468
use by Ohioans;	4469

(B) A financial report of the foundation for the preceding	4470
fiscal year, which shall include both:	4471

(1) Information on the amount and percentage of overhead and	4472
administrative expenditures compared to programmatic expenditures;	4473

(2) An independent auditor's report on the general purpose	4474
basic financial statements and required supplementary information	4475
of the foundation. Such financial statements shall be prepared in	4476
conformity with generally accepted accounting principles	4477
prescribed for governmental entities.	4478

Sec. 183.10.  The law enforcement improvements trust fund is	4479
hereby created in the state treasury. Money credited to the fund	4480
shall be used by the attorney general to maintain, upgrade, and	4481
modernize the law enforcement training, law enforcement	4482
technology, and laboratory facilities equipment of the office of	4483
the attorney general. All investment earnings of the fund shall	4484
be credited to the fund.	4485

Sec. 183.17.  The fiscal year of the southern Ohio	4486
agricultural and community development foundation shall be the	4487
same as the fiscal year of the state.	4488

Within ninety days after the end of each fiscal year, the	4489
foundation shall submit to the governor and the general assembly	4490
both of the following:	4491

(A) A report of the activities of the foundation during the	4492
preceding fiscal year. The report shall also contain an	4493
independent evaluation of the progress being made by the	4494
foundation in carrying out its duties.	4495

(B) A financial report of the foundation for the preceding	4496
year, which shall include both:	4497

(1) Information on the amount and percentage of overhead and	4498
administrative expenditures compared to programmatic expenditures;	4499

(2) An independent auditor's report on the general purpose	4500
basic financial statements and required supplementary information	4501
of the foundation. Such financial statements shall be prepared in	4502
conformity with generally accepted accounting principles	4503
prescribed for governmental entities.	4504

On or before July 1, 2010, the foundation shall report to the	4505
governor and the general assembly on the progress that the	4506
foundation has made in replacing the production of tobacco in	4507
southern Ohio with the production of other agricultural products	4508
and in mitigating the adverse economic impact of reduced tobacco	4509
production in the region. In If the foundation concludes that a	4510
need for additional funding still exists, the foundation may	4511
request that provision be made for a portion of the payments	4512
credited to the tobacco master settlement agreement fund to	4513
continue to be transferred to the southern Ohio agricultural and	4514
community development trust fund.	4515

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

4516

(1) "Credit card" includes a gasoline credit card and a	4517
telephone credit card.	4518

(2) "Officer" includes an individual who also is an	4519
appointing authority.	4520

(3) "Gasoline and oil expenses," "minor motor vehicle	4521
maintenance expenses," and "emergency motor vehicle repair	4522
expenses" refer to only those expenses incurred for motor vehicles	4523
owned or leased by the county.	4524

(B) A credit card held by a board of county commissioners or	4525
the office of any other county appointing authority shall be used	4526
only to pay work-related food, transportation, gasoline expenses,	4527
limited to the following:	4528

(1) Food expenses;

4529

(2) Transportation expenses;

4530

(3) Gasoline and oil, minor expenses;

4531

(4) Minor motor vehicle maintenance, emergency;

4532

(5) Emergency motor vehicle repair, telephone, lodging, and	4533
internet expenses;	4534

(6) Telephone expenses;

4535

(7) Lodging expenses;

4536

(8) Internet service provider expenses;

4537

(9) In the case of a public children services agency,	4538
expenses for purchases for children for whom the agency is	4539
providing temporary emergency care pursuant to section 5153.16 of	4540
the Revised Code, children in the temporary or permanent custody	4541
of the agency, and children in a planned permanent living	4542
arrangement.	4543

(C) A county appointing authority may apply to the board of	4544
county commissioners for authorization to have an officer or	4545
employee of the appointing authority use a credit card held by	4546
that appointing authority. The authorization request shall state	4547
whether the card is to be issued only in the name of the office of	4548
the appointing authority itself or whether the issued card shall	4549
also include the name of a specified officer or employee.	4550

(D) The debt incurred as a result of the use of a credit	4551
card pursuant to this section shall be paid from moneys	4552
appropriated to the appointing authority for work-related food,	4553
transportation, gasoline and oil, minor motor vehicle maintenance,	4554
emergency motor vehicle repair, telephone, lodging, and internet	4555
service provider expenses listed in division (B) of this section.	4556

(E)(1) Except as otherwise provided in division (E)(2) of	4557
this section, every officer or employee authorized to use a credit	4558
card held by the board or appointing authority shall submit to the	4559
board by the first day of each month an estimate of the officer's	4560
or employee's work-related food, transportation, gasoline and oil,	4561
minor motor vehicle maintenance, emergency motor vehicle repair,	4562
telephone, lodging, and internet service provider expenses listed	4563
in division (B) of this section for that month, unless the board	4564
authorizes, by resolution, the officer or employee to submit to	4565
the board such an estimate for a period longer than one month. The	4566
board may revise the estimate and determine the amount it	4567
approves, if any, not to exceed the estimated amount. The board	4568
shall certify the amount of its determination to the county	4569
auditor along with the necessary information for the auditor to	4570
determine the appropriate appropriation line item from which such	4571
expenditures are to be made. After receiving certification from	4572
the county auditor that the determined sum of money is in the	4573
treasury or in the process of collection to the credit of the	4574
appropriate appropriation line item for which the credit card is	4575
approved for use, and is free from previous and then-outstanding	4576
obligations or certifications, the board shall authorize the	4577
officer or employee to incur debt for such expenses against the	4578
county's credit up to the authorized amount.	4579

(2) In lieu of following the procedure set forth in division	4580
(E)(1) of this section, a board of county commissioners may adopt	4581
a resolution authorizing an officer or employee of an appointing	4582
authority to use a county credit card to pay for specific classes	4583
of the work-related expenses listed in division (B) of this	4584
section, or use a specific credit card for any of those	4585
work-related expenses listed in division (B) of this section,	4586
without submitting an estimate of those expenses to the board as	4587
required by division (E)(1) of this section. Prior to adopting	4588
the resolution, the board shall notify the county auditor. The	4589
resolution shall specify whether the officer's or employee's	4590
exemption extends to the use of a specific card, which card shall	4591
be identified by its number, or to one or more specific	4592
work-related uses from the classes of uses permitted under	4593
division (B) of this section. Before any credit card exempted for	4594
specific uses may be used to make purchases for uses other than	4595
those specific uses listed in the resolution, the procedures	4596
outlined in division (E)(1) of this section must be followed or	4597
the use shall be considered an unauthorized use. Use of any	4598
credit card under division (E)(2) of this section shall be limited	4599
to the amount appropriated and encumbered in a specific	4600
appropriation line item for the permitted use or uses designated	4601
in the authorizing resolution, or, in the case of a resolution	4602
that authorizes use of a specific credit card, for each of the	4603
permitted uses listed in division (B) of this section, but only to	4604
the extent the moneys in such appropriations are not otherwise	4605
encumbered.	4606

(F)(1) Any time a county credit card approved for use for an	4607
authorized amount under division (E)(1) of this section is used	4608
for more than that authorized amount, the appointing authority may	4609
request the board of county commissioners to authorize after the	4610
fact the expenditure of any amount charged beyond the originally	4611
authorized amount if, upon the board's request, the county auditor	4612
certifies that sum of money is in the treasury or in the process	4613
of collection to the credit of the appropriate appropriation line	4614
item for which the credit card was used and is free from previous	4615
and then-outstanding obligations or certifications. If the card	4616
is used for more than the amount originally authorized and if for	4617
any reason that amount is not authorized after the fact, then the	4618
county treasury shall be reimbursed for any amount spent beyond	4619
the originally authorized amount in the following manner:	4620

(a) If the card is issued in the name of a specific officer	4621
or employee, then that officer or employee is liable in person and	4622
upon any official bond the officer or employee has given to the	4623
county to reimburse the county treasury for the amount charged to	4624
the county beyond the originally authorized amount.	4625

(b) If the card was issued to the office of the appointing	4626
authority, then the appointing authority is liable in person and	4627
upon any official bond the appointing authority has given to the	4628
county for the amount charged to the county beyond the originally	4629
authorized amount.	4630

(2) Any time a county credit card authorized for use under	4631
division (E)(2) of this section is used for more than the amount	4632
appropriated under that division, the appointing authority may	4633
request the board of county commissioners to issue a supplemental	4634
appropriation or make a transfer to the proper line item account	4635
as permitted in section 5705.40 of the Revised Code, to cover the	4636
amount charged beyond the originally appropriated amount. If the	4637
card is used for more than the amount originally appropriated and	4638
if for any reason that amount is not appropriated or transferred	4639
as permitted by this section, then the county treasury shall be	4640
reimbursed for any amount spent beyond the originally appropriated	4641
amount in the following manner:	4642

(a) If the card is issued in the name of a specific officer	4643
or employee, then that officer or employee is liable in person and	4644
upon any official bond the officer or employee has given to the	4645
county for reimbursing the county treasury for any amount charged	4646
on the card beyond the originally appropriated amount.	4647

(b) If the card is issued in the name of the office of the	4648
appointing authority, then the appointing authority is liable in	4649
person and upon any official bond the appointing authority has	4650
given to the county for reimbursement for any amount charged on	4651
the card beyond the originally appropriated amount.	4652

(3) Whenever any officer or employee authorized to use a	4653
credit card held by the board or the office of any other county	4654
appointing authority suspects the loss, theft, or possibility of	4655
unauthorized use of the county credit card the officer or employee	4656
is authorized to use, the officer or employee shall so notify the	4657
officer's or employee's appointing authority or the board	4658
immediately and in writing.	4659

(4) If the county auditor determines there has been a credit	4660
card expenditure beyond the appropriated or authorized amount as	4661
provided in division (E) of this section, the auditor immediately	4662
shall notify the board of county commissioners of this fact. When	4663
the board of county commissioners determines on its own or after	4664
notification from the county auditor that the county treasury	4665
should be reimbursed for credit card expenditures beyond the	4666
appropriated or authorized amount as provided in divisions (F)(1)	4667
and (2) of this section, it shall give written notice to the	4668
officer or employee or appointing authority liable to the treasury	4669
as provided in divisions (F)(1) and (2) of this section. If,	4670
within thirty days after issuance of this written notice the	4671
county treasury is not reimbursed for the amount shown on the	4672
written notice, the prosecuting attorney of the county shall	4673
recover that amount from the officer or employee or appointing	4674
authority who is liable under this section by civil action in any	4675
court of appropriate jurisdiction.	4676

(G) Use of a county credit card for any use other than those	4677
permitted under division (B) of this section is a violation of law	4678
for the purposes of section 2913.21 of the Revised Code.	4679

Sec. 325.071.  There shall be allowed annually to the	4680
sheriff, in addition to all salary and allowances otherwise	4681
provided by law, an amount equal to one-half of the official	4682
salary allowed under sections division (A) of section 325.06 and	4683
section 325.18 of the Revised Code, to provide for expenses that	4684
the sheriff incurs in the performance of the sheriff's official	4685
duties and in the furtherance of justice. Upon the order of the	4686
sheriff, the county auditor shall draw the auditor's warrant on	4687
the county treasurer, payable to the sheriff or any other person	4688
as the order designates, for the amount the order requires. The	4689
amounts the order requires, not exceeding the amount provided by	4690
this section, shall be paid out of the general fund of the county.	4691

Nothing shall be paid under this section until the sheriff	4692
gives bond to the state in an amount not less than the sheriff's	4693
official salary, to be fixed by the court of common pleas or the	4694
probate court, with sureties to be approved by either of those	4695
courts. The bond shall be conditioned that the sheriff will	4696
faithfully discharge all the duties enjoined upon the sheriff, and	4697
pay over all moneys the sheriff receives in an official capacity.	4698
The bond, with the approval of the court of common pleas or the	4699
probate court of the amount of the bond and the sureties on the	4700
bond, shall be deposited with the county treasurer.	4701

The sheriff annually, before the first Monday of January,	4702
shall file with the county auditor an itemized statement, verified	4703
by the sheriff, as to the manner in which the fund provided by	4704
this section has been expended during the current year, and, if	4705
any part of that fund remains in the sheriff's hands unexpended,	4706
forthwith shall pay the remainder into the county treasury.	4707

Sec. 329.042.  The county department of job and family	4708
services shall certify public assistance and nonpublic assistance	4709
households eligible under the "Food Stamp Act of 1964," 78 Stat.	4710
703, 7 U.S.C.A. 2011, as amended, and federal and state	4711
regulations adopted pursuant to such act, to enable low-income	4712
households to participate in the food stamp program and thereby to	4713
purchase foods having a greater monetary value than is possible	4714
under public assistance standard allowances or other low-income	4715
budgets.	4716

The county department of job and family services shall	4717
administer the distribution of food stamp coupons benefits under	4718
the supervision of the department of job and family services. Such	4719
coupons The benefits shall be distributed by mail in accordance	4720
with sections 5101.541, 5101.542, and 5101.543 of the Revised	4721
Code, or by some alternative a method approved by the department	4722
of job and family services in accordance with the "Food Stamp Act	4723
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and	4724
regulations issued thereunder.	4725

The document referred to as the "authorization-to-participate	4726
card," which shows the face value of the coupon allotment benefits	4727
an eligible household is entitled to receive on presentment of the	4728
document, shall be issued, immediately upon certification, to a	4729
household determined under division (C) of section 5101.54 of the	4730
Revised Code to be in immediate need of food assistance by being	4731
personally handed by a member of the staff of the county	4732
department of job and family services to the member of the	4733
household in whose name application was made for participation in	4734
the program or the authorized representative of such member of the	4735
household.	4736

Sec. 5101.19.        Sec.  .        Sec. 329.19.  (A) Upon determining that a person or	4737
persons are eligible for aid payments benefits or services under	4738
Chapter 5107. or 5115. of the Revised Code any assistance program	4739
administered by the county department of job and family services,	4740
the county department may issue an identification card shall be	4741
issued to the individual designated to receive warrants for aid	4742
payments person or persons. Such cards may be made up and issued	4743
by the county department of job and family services, or the	4744
department of job and family services may enter into a contract	4745
with any person, corporation, or agency, public or private, to	4746
furnish cards to individuals certified by the county department.	4747
The county department of job and family services shall determine	4748
the card's material, design, and informational content, which	4749
shall may include a photograph, social security number, name, and	4750
signature, and shall prescribe the procedure by which it is	4751
issued.	4752

(B) Any county department of job and family services which	4753
on July 7, 1972 is furnishing identification cards to individuals	4754
designated to receive warrants for aid payments under Chapter	4755
5107. of the Revised Code, may continue to issue such cards and	4756
may issue identification cards to individuals designated to	4757
receive warrants for aid payments under Chapter 5115. of the	4758
Revised Code under procedures developed by the county, in lieu of	4759
those established under division (A) of this section, provided:	4760

(1) The information borne on the card is substantially the	4761
same as that required in division (A) of this section;	4762

(2) The county complies with any regulations adopted by the	4763
director of job and family services which are applicable to such a	4764
procedure.	4765

(C) The individual designated to receive warrants for aid	4766
payments shall present the identification card issued under this	4767
section as a condition for the acceptance and payment of the	4768
warrants.	4769

In issuing identification cards under this section, the	4770
county department shall comply with any state or federal laws	4771
governing the issuance of the cards. All expenses incurred in	4772
issuing the issuance of identification cards under this section	4773
shall be paid from funds appropriated available to the county	4774
department of job and family services for administrative expenses.	4775

Sec. 340.16. Not later than ninety days after the effective	4776
date of this section, the department of mental health and the	4777
department of job and family services shall adopt rules that	4778
establish requirements and procedures for prior notification and	4779
service coordination between public children services agencies and	4780
boards of alcohol, drug addiction, and mental health services when	4781
a public children services agency refers a child in its custody to	4782
a board for services funded by the board. The rules shall be	4783
adopted in accordance with Chapter 119. of the Revised Code.	4784

The department of mental health and department of job and	4785
family services shall collaborate in formulating a plan that	4786
delineates the funding responsibilities of public children	4787
services agencies and boards of alcohol, drug addiction, and	4788
mental health services for services provided under section	4789
5111.022 of the Revised Code to children in the custody of public	4790
children services agencies. The departments shall complete the	4791
plan not later than ninety days after the effective date of this	4792
section.	4793

Sec. 349.01.  As used in this chapter:

4794

(A) "New community" means a community or an addition to an	4795
existing community planned pursuant to this chapter so that it	4796
includes facilities for the conduct of industrial, commercial,	4797
residential, cultural, educational, and recreational activities,	4798
and designed in accordance with planning concepts for the	4799
placement of utility, open space, and other supportive facilities.	4800

(B) "New community development program" means a program for	4801
the development of a new community characterized by well-balanced	4802
and diversified land use patterns and which includes land	4803
acquisition and land development, the acquisition, construction,	4804
operation, and maintenance of community facilities, and the	4805
provision of services authorized in sections 349.01 to 349.16 of	4806
the Revised Code this chapter.	4807

(C) "New community district" means the area of land described	4808
by the developer in the petition as set forth in division (A) of	4809
section 349.03 of the Revised Code for development as a new	4810
community and any lands added to such the district by amendment of	4811
the resolution establishing the community authority.	4812

(D) "New community authority" means a body corporate and	4813
politic in this state, established pursuant to section 349.03 of	4814
the Revised Code and governed by a board of trustees as provided	4815
in section 349.04 of the Revised Code.	4816

(E) "Developer" means any person, organized for carrying out	4817
a new community development program who owns or controls, through	4818
leases of at least seventy-five years' duration, options, or	4819
contracts to purchase, the land within a new community district,	4820
or any municipality municipal corporation, county, or port	4821
authority that owns the land within a new community district, or	4822
has the ability to acquire such land, either by voluntary	4823
acquisition or condemnation in order to eliminate slum, blighted,	4824
and deteriorated or deteriorating areas and to prevent the	4825
recurrence thereof.	4826

(F) "Organizational board of commissioners" means, if the new	4827
community district is located in only one county, the board of	4828
county commissioners of such county; if located in more than one	4829
county, a board consisting of the members of the board of county	4830
commissioners of each of the counties in which the district is	4831
located, provided that action of such board shall require a	4832
majority vote of the members of each separate board of county	4833
commissioners; or, if more than half of the new community district	4834
is located within the boundaries of the most populous municipal	4835
corporation of a county, the legislative authority of the	4836
municipal corporation.	4837

(G) "Land acquisition" means the acquisition of real property	4838
and interests in real property as part of a new community	4839
development program.	4840

(H) "Land development" means the process of clearing and	4841
grading land, making, installing, or constructing water	4842
distribution systems, sewers, sewage collection systems, steam,	4843
gas, and electric lines, roads, streets, curbs, gutters,	4844
sidewalks, storm drainage facilities, and other installations or	4845
work, whether within or without the new community district, and	4846
the construction of community facilities.	4847

(I) "Community facilities" means all real property,	4848
buildings, structures, or other facilities, including related	4849
fixtures, equipment, and furnishings, to be owned, operated,	4850
financed, constructed, and maintained under this chapter,	4851
including public, community, village, neighborhood, or town	4852
buildings, centers and plazas, auditoriums, day care centers,	4853
recreation halls, educational facilities, hospital facilities as	4854
defined in section 140.01 of the Revised Code, recreational	4855
facilities, natural resource facilities, including parks and other	4856
open space land, lakes and streams, cultural facilities, community	4857
streets, pathway and bikeway systems, pedestrian underpasses and	4858
overpasses, lighting facilities, design amenities, or other	4859
community facilities, and buildings needed in connection with	4860
water supply or sewage disposal installations or steam, gas, or	4861
electric lines or installation.	4862

(J) "Cost" as applied to a new community development program	4863
means all costs related to land acquisition and land development,	4864
the acquisition, construction, maintenance, and operation of	4865
community facilities and offices of the community authority, and	4866
of providing furnishings and equipment therefor, financing charges	4867
including interest prior to and during construction and for the	4868
duration of the new community development program, planning	4869
expenses, engineering expenses, administrative expenses including	4870
working capital, and all other expenses necessary and incident to	4871
the carrying forward of the new community development program.	4872

(K) "Income source" means any and all sources of income to	4873
the community authority, including community development charges	4874
of which the new community authority is the beneficiary as	4875
provided in section 349.07 of the Revised Code, rentals, user fees	4876
and other charges received by the new community authority, any	4877
gift or grant received, any moneys received from any funds	4878
invested by or on behalf of the new community authority, and	4879
proceeds from the sale or lease of land and community facilities.	4880

(L) "Community development charge" means a dollar amount	4881
which shall be determined on the basis of the assessed valuation	4882
of real property or interests in real property in a new community	4883
district sold, leased, or otherwise conveyed by the developer or	4884
the new community authority, the income of the residents of such	4885
property subject to such charge under section 349.07 of the	4886
Revised Code, if such property is devoted to residential uses or	4887
to the profits of any business, a uniform fee on each parcel of	4888
such real property originally sold, leased, or otherwise conveyed	4889
by the developer or new community authority, or any combination of	4890
the foregoing bases.	4891

(M) "Proximate city" means any city that, as of the date of	4892
filing of the petition under section 349.03 of the Revised Code,	4893
is the most populous city of the county in which the proposed new	4894
community district is located, is the most populous city of an	4895
adjoining county if any portion of such city is within five miles	4896
of any part of the boundaries of such district, or exercises	4897
extraterritorial subdivision authority under section 711.09 of the	4898
Revised Code with respect to any part of such district.	4899

Sec. 503.162.  (A) After certification of a resolution as	4900
provided in section 503.161 of the Revised Code, the board of	4901
elections shall submit the question of whether the township's name	4902
shall be changed to the electors of the unincorporated area of the	4903
township in accordance with division (C) of that section, and the	4904
ballot language shall be substantially as follows:	4905

"Shall the township of .......... (name) change its name to	4906
........ (proposed name)?	4907

.......... For name change

4908

.......... Against name change"

4909

(B) At least forty-five days before the election on this	4910
question, the board of township trustees shall provide notice of	4911
the election and an explanation of the proposed name change in a	4912
newspaper of general circulation in the township for three	4913
consecutive weeks and shall post the notice and explanation in	4914
five conspicuous places in the unincorporated area of the	4915
township.	4916

(C) If a majority of the votes cast on the proposition of	4917
changing the township's name is in the affirmative, the name	4918
change is adopted and becomes effective ninety days after the	4919
board of elections certifies the election results to the clerk of	4920
the township. Upon receipt of the certification of the election	4921
results from the board of elections, the clerk of the township	4922
shall send a copy of that certification to the secretary of state	4923
and to the state and local government commission of Ohio.	4924

(D) A change in the name of a township shall not alter the	4925
rights or liabilities of the township as previously named.	4926

Sec. 504.03.  (A)(1) If a limited home rule government is	4927
adopted pursuant to section 504.02 of the Revised Code, it shall	4928
remain in effect for at least three years except as otherwise	4929
provided in division (B) of this section. At the end of that	4930
period, if the board of township trustees determines that that	4931
government is not in the best interests of the township, it may	4932
adopt a resolution causing the board of elections to submit to the	4933
electors of the unincorporated area of the township the question	4934
of whether the township should continue the limited home rule	4935
government. The question shall be voted upon at the next general	4936
election occurring at least seventy-five days after the	4937
certification of the resolution to the board of elections. After	4938
certification of the resolution, the board of elections shall	4939
submit the question to the electors of the unincorporated area of	4940
the township, and the ballot language shall be substantially as	4941
follows:	4942

"Shall the township of ........... (name) continue the	4943
limited home rule government under which it is operating?	4944

(2) At least forty-five days before the election on the	4947
question of continuing the limited home rule government, the board	4948
of township trustees shall have notice of the election published	4949
in a newspaper of general circulation in the township for three	4950
consecutive weeks and have the notice posted in five conspicuous	4951
places in the unincorporated area of the township.	4952

(B) The electors of a township that has adopted a limited	4953
home rule government may propose at any time by initiative	4954
petition, in accordance with section 504.14 of the Revised Code, a	4955
resolution submitting to the electors in the unincorporated area	4956
of the township, in an election, the question set forth in	4957
division (A)(1) of this section.	4958

(C) If a majority of the votes cast under division (A) or	4959
(B) of this section on the proposition of continuing the limited	4960
home rule government is in the negative, that government is	4961
terminated effective on the first day of January immediately	4962
following the election, and a limited home rule government shall	4963
not be adopted in the unincorporated area of the township pursuant	4964
to section 504.02 of the Revised Code for at least three years	4965
after that date.	4966

(D) If a limited home rule government is terminated pursuant	4967
to under this section, the board of township trustees immediately	4968
shall adopt a resolution repealing all resolutions adopted	4969
pursuant to this chapter that are not authorized by any other	4970
section of the Revised Code outside this chapter, effective on the	4971
first day of January immediately following the election described	4972
in division (A) or (B) of this section. However, no resolution	4973
adopted under this division shall affect or impair the obligations	4974
of the township under any security issued or contracts entered	4975
into by the township in connection with the financing of any water	4976
supply facility or sewer improvement under sections 504.18 to	4977
504.20 of the Revised Code or the authority of the township to	4978
collect or enforce any assessments or other revenues constituting	4979
security for or source of payments of debt service charges of	4980
those securities.	4981

(E) Upon the termination of a limited home rule government	4982
under this section, if the township had converted its board of	4983
township trustees to a five-member board under section 504.21 of	4984
the Revised Code, the current board member who received the lowest	4985
number of votes of the current board members who were elected at	4986
the most recent election for township trustees, and the current	4987
board member who received the lowest number of votes of the	4988
current board members who were elected at the second most recent	4989
election for township trustees, shall cease to be township	4990
trustees on the date that the limited home rule government	4991
terminates. Their offices likewise shall cease to exist at that	4992
time, and the board shall continue as a three-member board as	4993
provided in section 505.01 of the Revised Code.	4994

Sec. 504.04.  (A) A township that adopts a limited home rule	4995
government may do all of the following by resolution, provided	4996
that any of these resolutions, other than a resolution to supply	4997
water or sewer services in accordance with sections 504.18 to	4998
504.20 of the Revised Code, may be enforced only by the imposition	4999
of civil fines as authorized in this chapter:	5000

(1) Exercise all powers of local self-government within the	5001
unincorporated area of the township, other than powers that are in	5002
conflict with general laws, except that the township shall comply	5003
with the requirements and prohibitions of this chapter, and shall	5004
enact no taxes other than those authorized by general law, and	5005
except that no resolution adopted pursuant to this chapter shall	5006
encroach upon the powers, duties, and privileges of elected	5007
township officers or change, alter, combine, eliminate, or	5008
otherwise modify the form or structure of the township government	5009
unless the change is required or permitted by this chapter;	5010

(2) Adopt and enforce within the unincorporated area of the	5011
township local police, sanitary, and other similar regulations	5012
that are not in conflict with general laws or otherwise prohibited	5013
by division (B) of this section;	5014

(3) Supply water and sewer services to users within the	5015
unincorporated area of the township in accordance with sections	5016
504.18 to 504.20 of the Revised Code.	5017

(B) No resolution adopted pursuant to this chapter shall do	5018
any of the following:	5019

(1) Create a criminal offense or impose criminal penalties,	5020
except as authorized by division (A) of this section;	5021

(2) Impose civil fines other than as authorized by this	5022
chapter;	5023

(3) Establish or revise subdivision regulations, road	5024
construction standards, urban sediment rules, or storm water and	5025
drainage regulations;	5026

(4) Establish or revise building standards, building codes,	5027
and other standard codes except as provided in section 504.13 of	5028
the Revised Code;	5029

(5) Increase, decrease, or otherwise alter the powers or	5030
duties of a township under any other chapter of the Revised Code	5031
pertaining to agriculture or the conservation or development of	5032
natural resources;	5033

(6) Establish regulations affecting hunting, trapping,	5034
fishing, or the possession, use, or sale of firearms;	5035

(7) Establish or revise water or sewer regulations, except	5036
in accordance with sections 504.18 and 504.19 of the Revised Code.	5037

Nothing in this chapter shall be construed as affecting the	5038
powers of counties with regard to the subjects listed in divisions	5039
(B)(3) to (5) of this section.	5040

(C) Under a limited home rule government, all officers shall	5041
have the qualifications, and be nominated, elected, or appointed,	5042
as provided in Chapter 505. of the Revised Code, except that the	5043
board of township trustees shall appoint a full-time or part-time	5044
law director pursuant to section 504.15 of the Revised Code, and	5045
except that section 504.21 of the Revised Code also shall apply if	5046
a five-member board of township trustees is approved for the	5047
township.	5048

(D) In case of conflict between resolutions enacted by a	5049
board of township trustees and municipal ordinances or	5050
resolutions, the ordinance or resolution enacted by the municipal	5051
corporation prevails. In case of conflict between resolutions	5052
enacted by a board of township trustees and any county resolution,	5053
the resolution enacted by the board of township trustees prevails.	5054

Sec. 504.21. (A) By a unanimous vote, the board of township	5055
trustees of a limited home rule township may pass a resolution to	5056
place on the ballot at the next general election described in this	5057
division the question of whether the board should be converted	5058
to a five-member board. Upon passage of the resolution, the	5059
question shall be voted upon at the next general election	5060
occurring at least seventy-five days after the board certifies	5061
the resolution to the board of elections.	5062

(B) If a majority of the votes cast on the question of	5063
converting the board of township trustees to a five-member board	5064
is in the affirmative, at the next election at which any members	5065
of the board are elected, two additional board members shall be	5066
elected, one for a four-year term of office and the other for a	5067
two-year term of office. Their successors thereafter shall be	5068
elected for four-year terms of office.	5069

(C) If a board of township trustees is converted to a	5070
five-member board, the board members shall be elected by	5071
determining which individuals receive the highest number of votes	5072
from a slate of candidates running for the office of township	5073
trustee. If the first election after a township converts its	5074
board of township trustees to a five-member board is an election	5075
for three four-year term members and one two-year term member, the	5076
three candidates who receive the highest number of votes from the	5077
slate of candidates for township trustee shall serve a four-year	5078
term and the candidate who receives the fourth highest number of	5079
votes from that slate of candidates shall serve a two-year term.	5080

Sec. 505.24.  Each township trustee is entitled to	5081
compensation as follows:	5082

(A) Except as otherwise provided in division (B) of this	5083
section, an amount for each day of service in the business of the	5084
township, to be paid from the township treasury as follows:	5085

(1) In townships having a budget of fifty thousand dollars	5086
or less, twenty dollars per day for not more than two hundred	5087
days;	5088

(2) In townships having a budget of more than fifty thousand	5089
but not more than one hundred thousand dollars, twenty-four	5090
dollars per day for not more than two hundred days;	5091

(3) In townships having a budget of more than one hundred	5092
thousand but not more than two hundred fifty thousand dollars,	5093
twenty-eight dollars and fifty cents per day for not more than two	5094
hundred days;	5095

(4) In townships having a budget of more than two hundred	5096
fifty thousand but not more than five hundred thousand dollars,	5097
thirty-three dollars per day for not more than two hundred days;	5098

(5) In townships having a budget of more than five hundred	5099
thousand but not more than seven hundred fifty thousand dollars,	5100
thirty-five dollars per day for not more than two hundred days;	5101

(6) In townships having a budget of more than seven hundred	5102
fifty thousand but not more than one million five hundred thousand	5103
dollars, forty dollars per day for not more than two hundred days;	5104

(7) In townships having a budget of more than one million	5105
five hundred thousand but not more than three million five hundred	5106
thousand dollars, forty-four dollars per day for not more than two	5107
hundred days;	5108

(8) In townships having a budget of more than three million	5109
five hundred thousand dollars but not more than six million	5110
dollars, forty-eight dollars per day for not more than two hundred	5111
days;	5112

(9) In townships having a budget of more than six million	5113
dollars, fifty-two dollars per day for not more than two hundred	5114
days.	5115

(B) Beginning in calendar year 1999, the amounts paid as	5116
specified in division (A) of this section shall be replaced by the	5117
following amounts:	5118

(1) In calendar year 1999, the amounts specified in division	5119
(A) of this section increased by three per cent;	5120

(2) In calendar year 2000, the amounts determined under	5121
division (B)(1) of this section increased by three per cent;	5122

(3) In calendar year 2001, the amounts determined under	5123
division (B)(2) of this section increased by three per cent;	5124

(4) In calendar year 2002, except in townships having a	5125
budget of more than six million dollars, the amounts determined	5126
under division (B)(3) of this section increased by three per cent;	5127
in townships having a budget of more than six million but not more	5128
than ten million dollars, seventy dollars per day for not more	5129
than two hundred days; and in townships having a budget of more	5130
than ten million dollars, ninety dollars per day for not more than	5131
two hundred days;	5132

(5) In calendar years 2003 through 2008, the amounts	5133
determined under division (B) of this section for the immediately	5134
preceding calendar year increased by the lesser of the following:	5135

(a) Three per cent;

5136

(b) The percentage increase, if any, in the consumer price	5137
index over the twelve-month period that ends on the thirtieth day	5138
of September of the immediately preceding calendar year, rounded	5139
to the nearest one-tenth of one per cent;	5140

(6) In calendar year 2009 and thereafter, the amount	5141
determined under division (B) of this section for calendar year	5142
2008.	5143

As used in division (B) of this section, "consumer price	5144
index" has the same meaning as in section 325.18 of the Revised	5145
Code.	5146

(C) Whenever members of a board of township trustees are	5147
compensated per diem and not by annual salary, the board shall	5148
establish, by resolution, a method by which each member of the	5149
board shall periodically notify the township clerk of the number	5150
of days spent in the service of the township and the kinds of	5151
services rendered on those days. The per diem compensation shall	5152
be paid from the township general fund or from other township	5153
funds in such proportions as the kinds of services performed may	5154
require. The notice shall be filed with the township clerk and	5155
preserved for inspection by any persons interested.	5156

By unanimous vote, a board of township trustees may adopt a	5157
method of compensation consisting of an annual salary to be paid	5158
in equal monthly payments. If the office of trustee is held by	5159
more than one person during any calendar year, each person holding	5160
the office shall receive payments for only those months, and any	5161
fractions of those months, during which the person holds the	5162
office. The amount of the annual salary approved by the board	5163
shall be no more than the maximum amount that could be received	5164
annually by a trustee if the trustee were paid on a per diem basis	5165
as specified in this division, and shall be paid from the township	5166
general fund or from other township funds in such proportions as	5167
the board may specify by resolution. A board of township trustees	5168
that has adopted a salary method of compensation may return to a	5169
method of compensation on a per diem basis as specified in this	5170
division by a majority vote. Any change in the method of	5171
compensation shall be effective on the first day of January of the	5172
year following the year during which the board has voted to change	5173
the method of compensation.	5174

Sec. 507.09.  (A) Except as otherwise provided in division	5175
(D) of this section, the township clerk shall be entitled to	5176
compensation as follows:	5177

(1) In townships having a budget of fifty thousand dollars	5178
or less, three thousand five hundred dollars;	5179

(2) In townships having a budget of more than fifty thousand	5180
but not more than one hundred thousand dollars, five thousand five	5181
hundred dollars;	5182

(3) In townships having a budget of more than one hundred	5183
thousand but not more than two hundred fifty thousand dollars,	5184
seven thousand seven hundred dollars;	5185

(4) In townships having a budget of more than two hundred	5186
fifty thousand but not more than five hundred thousand dollars,	5187
nine thousand nine hundred dollars;	5188

(5) In townships having a budget of more than five hundred	5189
thousand but not more than seven hundred fifty thousand dollars,	5190
eleven thousand dollars;	5191

(6) In townships having a budget of more than seven hundred	5192
fifty thousand but not more than one million five hundred thousand	5193
dollars, thirteen thousand two hundred dollars;	5194

(7) In townships having a budget of more than one million	5195
five hundred thousand but not more than three million five hundred	5196
thousand dollars, fifteen thousand four hundred dollars;	5197

(8) In townships having a budget of more than three million	5198
five hundred thousand dollars but not more than six million	5199
dollars, sixteen thousand five hundred dollars;	5200

(9) In townships having a budget of more than six million	5201
dollars, seventeen thousand six hundred dollars.	5202

(B) Any township clerk may elect to receive less than the	5203
compensation the clerk is entitled to under division (A) of this	5204
section. Any clerk electing to do this shall so notify the board	5205
of township trustees in writing, and the board shall include this	5206
notice in the minutes of its next board meeting.	5207

(C) The compensation of the township clerk shall be paid in	5208
equal monthly payments. If the office of clerk is held by more	5209
than one person during any calendar year, each person holding the	5210
office shall receive payments for only those months, and any	5211
fractions of those months, during which the person holds the	5212
office.	5213

(D) Beginning in calendar year 1999, the township clerk	5214
shall be entitled to compensation as follows:	5215

(1) In calendar year 1999, the compensation specified in	5216
division (A) of this section increased by three per cent;	5217

(2) In calendar year 2000, the compensation determined under	5218
division (D)(1) of this section increased by three per cent;	5219

(3) In calendar year 2001, the compensation determined under	5220
division (D)(2) of this section increased by three per cent;	5221

(4) In calendar year 2002, except in townships having a	5222
budget of more than six million dollars, the compensation	5223
determined under division (D)(3) of this section increased by	5224
three per cent; in townships having a budget of more than six	5225
million but not more than ten million dollars, nineteen thousand	5226
eight hundred ten dollars; and in townships having a budget of	5227
more than ten million dollars, twenty thousand nine hundred	5228
dollars;	5229

(5) In calendar years 2003 through 2008, the compensation	5230
determined under division (D) of this section for the immediately	5231
preceding calendar year increased by the lesser of the following:	5232

(a) Three per cent;

5233

(b) The percentage increase, if any, in the consumer price	5234
index over the twelve-month period that ends on the thirtieth day	5235
of September of the immediately preceding calendar year, rounded	5236
to the nearest one-tenth of one per cent;	5237

(6) In calendar year 2009 and thereafter, the amount	5238
determined under division (D) of this section for calendar year	5239
2008.	5240

As used in this division, "consumer price index" has the same	5241
meaning as in section 325.18 of the Revised Code.	5242

Sec. 901.43.  (A) The director of agriculture may authorize	5243
any department of agriculture laboratory to perform a laboratory	5244
service for any person, organization, political subdivision, state	5245
agency, federal agency, or other entity, whether public or	5246
private. The director shall adopt and enforce rules to provide	5247
for the rendering of a laboratory service.	5248

(B) The director may charge a reasonable fee for the	5249
performance of a laboratory service, except when the service is	5250
performed on an official sample taken by the director acting	5251
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	5252
Revised Code; by a board of health acting as the licensor of	5253
retail food establishments or food service operations under	5254
Chapter 3717. of the Revised Code; or by the director of health	5255
acting as the licensor of food service operations under Chapter	5256
3717. of the Revised Code. The director of agriculture shall	5257
adopt rules specifying what constitutes an official sample.	5258

The director shall publish a list of laboratory services	5259
offered, together with the fee for each service.	5260

(C) The director may enter into a contract with any person,	5261
organization, political subdivision, state agency, federal agency,	5262
or other entity for the provision of a laboratory service.	5263

(D)(1) The director may adopt rules establishing standards	5264
for accreditation of laboratories and laboratory services and in	5265
doing so may adopt by reference existing or recognized standards	5266
or practices.	5267

(2) The director may inspect and accredit laboratories and	5268
laboratory services, and may charge a reasonable fee for the	5269
inspections and accreditation.	5270

(E)(1) All moneys collected by the director under this	5271
section that are from fees generated by a laboratory service	5272
performed by the department and related to the diseases of	5273
animals, and all moneys so collected that are from fees generated	5274
for the inspection and accreditation of laboratories and	5275
laboratory services related to the diseases of animals, shall be	5276
deposited in the animal industry laboratory fund, which is hereby	5277
created in the state treasury. The director shall use the moneys	5278
in the animal industry laboratory fund to pay the expenses	5279
necessary to operate the animal industry laboratory, including the	5280
purchase of supplies and equipment for the laboratory that	5281
provides laboratory services related to the diseases of animals.	5282

(2) All moneys collected by the director under this section	5283
that are from fees generated by a laboratory service performed by	5284
the consumer analytical laboratory, and all moneys so collected	5285
that are from fees generated for the inspection and accreditation	5286
of laboratories and laboratory services not related to weights and	5287
measures or the diseases of animals, shall be deposited in the	5288
laboratory services fund, which is hereby created in the state	5289
treasury. The moneys held in the fund may be used to pay the	5290
expenses necessary to operate the consumer analytical laboratory,	5291
including the purchase of supplies and equipment.	5292

(3) All moneys collected by the director under this section	5293
that are from fees generated by a laboratory service performed by	5294
the weights and measures laboratory, and all moneys so collected	5295
that are from fees generated for the inspection and accreditation	5296
of laboratories and laboratory services related to weights and	5297
measures, shall be deposited in the weights and measures	5298
laboratory fund, which is hereby created in the state treasury.	5299
The moneys held in the fund may be used to pay the expenses	5300
necessary to operate the division of weights and measures,	5301
including the purchase of supplies and equipment.	5302

Sec. 901.63.  (A) The agricultural financing commission	5303
shall do both of the following until July 1, 2001 2003:	5304

(1) Make recommendations to the director of agriculture	5305
about financial assistance applications made pursuant to sections	5306
901.80 to 901.83 of the Revised Code. In making its	5307
recommendations, the commission shall utilize criteria established	5308
by rules adopted under division (A)(8)(b) of section 901.82 of the	5309
Revised Code.	5310

(2) Advise the director in the administration of sections	5311
901.80 to 901.83 of the Revised Code.	5312

With respect to sections 901.80 to 901.83 of the Revised	5313
Code, the role of the commission is solely advisory. No officer,	5314
member, or employee of the commission is liable for damages in a	5315
civil action for any injury, death, or loss to person or property	5316
that allegedly arises out of purchasing any loan or providing a	5317
loan guarantee, failure to purchase a loan or provide a loan	5318
guarantee, or failure to take action under sections 901.80 to	5319
901.83 of the Revised Code, or that allegedly arises out of any	5320
act or omission of the department of agriculture that involves	5321
those sections.	5322

(B) The commission may:

5323

(1) Adopt bylaws for the conduct of its business;

5324

(2) Exercise all rights, powers, and duties conferred on the	5325
commission as an issuer under Chapter 902. of the Revised Code;	5326

(3) Contract with, retain, or designate financial	5327
consultants, accountants, and such other consultants and	5328
independent contractors as the commission may determine to be	5329
necessary or appropriate to carry out the purposes of this chapter	5330
and to fix the terms of those contracts;	5331

(4) Undertake and carry out or authorize the completion of	5332
studies and analyses of agricultural conditions and needs within	5333
the state relevant to the purpose of this chapter to the extent	5334
not otherwise undertaken by other departments or agencies of the	5335
state satisfactory for such that purpose;	5336

(5) Acquire by gift, purchase, foreclosure, or other means,	5337
and hold, assign, pledge, lease, transfer, or otherwise dispose	5338
of, real and personal property, or any interest in that real and	5339
personal property, in the exercise of its powers and the	5340
performance of its duties under this chapter and Chapter 902. of	5341
the Revised Code;	5342

(6) Receive and accept gifts, grants, loans, or any other	5343
financial or other form of aid from any federal, state, local, or	5344
private agency or fund and enter into any contract with any such	5345
agency or fund in connection therewith, and receive and accept aid	5346
or contributions from any other source of money, property, labor,	5347
or things of value, to be held, used, and applied only for the	5348
purposes for which such the grants and contributions are made, all	5349
within the purposes of this chapter and Chapter 902. of the	5350
Revised Code;	5351

(7) Sue and be sued in its own name with respect to its	5352
contracts or to enforce this chapter or its obligations or	5353
covenants made under this chapter and Chapter 902. of the Revised	5354
Code;	5355

(8) Make and enter into all contracts, commitments, and	5356
agreements, and execute all instruments necessary or incidental to	5357
the performance of its duties and the execution of its powers	5358
under this chapter and Chapter 902. of the Revised Code;	5359

(9) Adopt an official seal;

5360

(10) Do any and all things necessary or appropriate to carry	5361
out the public purposes and exercise the powers granted to the	5362
commission in this chapter and Chapter 902. of the Revised Code	5363
and the public purposes of Section 13 of Article VIII, Ohio	5364
Constitution.	5365

Any instrument by which real property is acquired pursuant to	5366
this section shall identify the agency of the state that has the	5367
use and benefit of the real property as specified in section	5368
5301.012 of the Revised Code.	5369

Sec. 901.81.  (A) As used in this section and sections	5370
901.82 and 901.83 of the Revised Code:	5371

(1) "Financial institution" means any banking corporation;	5372
trust company; savings and loan association; building and loan	5373
association; or corporation, partnership, or other institution	5374
that is engaged in lending or investing funds for agricultural or	5375
other business purposes and that is eligible to become a	5376
depository for public moneys under section 135.03 of the Revised	5377
Code.	5378

(2) "Eligible applicant" means a person who has made all of	5379
the demonstrations enumerated in division (B) of section 901.82 of	5380
the Revised Code.	5381

(B) A financial institution that wishes to participate in	5382
the program established under section 901.80 of the Revised Code	5383
shall accept and review applications for loans from eligible	5384
applicants. Forms and procedures involved in the application	5385
process shall comply with rules adopted under division (A)(8)(a)	5386
of section 901.82 of the Revised Code. The financial institution	5387
shall apply all usual lending standards to determine the	5388
creditworthiness of each eligible applicant, including whether the	5389
eligible applicant has the ability to repay the loan and whether	5390
adequate security exists for the loan.	5391

The financial institution shall forward to the department of	5392
development agriculture the completed loan application of an	5393
eligible applicant whom the financial institution has determined	5394
to be creditworthy, along with the farm business plan and	5395
management strategy required by division (A)(5) of section 901.82	5396
of the Revised Code, and any other information required by rules	5397
adopted under division (A)(8) of section 901.82 of the Revised	5398
Code. If a loan guarantee is involved, the financial institution	5399
also shall forward a request by the financial institution to enter	5400
into a contract of guarantee described in section 901.83 of the	5401
Revised Code.	5402

The department of development shall proceed with the loan	5403
application in accordance with division (A)(12) of section 122.011	5404
901.82 of the Revised Code.	5405

Sec. 901.82.  (A) In administering the program established	5406
under section 901.80 of the Revised Code, the director of	5407
agriculture shall do all of the following:	5408

(1) Receive, review, analyze, and summarize applications for	5409
financial assistance forwarded to the director by the department	5410
of development, a financial institution under section 901.81 of	5411
the Revised Code and, after processing, forward them to the	5412
agricultural financing commission together with necessary	5413
supporting information;	5414

(2) Receive the recommendations of the commission made under	5415
division (A)(1) of section 901.63 of the Revised Code and make a	5416
final determination whether to approve the an application for	5417
financial assistance;	5418

(3) Transmit the director's determinations to approve	5419
assistance to the controlling board together with any information	5420
the controlling board requires for its review and its decision	5421
whether to approve the release of money for the financial	5422
assistance;	5423

(4) Work in conjunction with financial institutions and	5424
other private and public financing sources to purchase loans from	5425
financial institutions or provide loan guarantees to eligible	5426
applicants;	5427

(5) Require each applicant to provide a farm business plan,	5428
including an overview of the type of agricultural operation the	5429
applicant anticipates conducting, and a management strategy for	5430
the project;	5431

(6) Inform agricultural organizations and others in the	5432
state of the existence of the program established under section	5433
901.80 of the Revised Code and of the financial assistance	5434
available under the program;	5435

(7) Report to the governor, president of the senate, speaker	5436
of the house of representatives, and minority leaders of the	5437
senate and the house of representatives by the thirtieth day of	5438
June of each year on the activities carried out under the program	5439
during the preceding calendar year. The report shall include the	5440
number of loans purchased or loan guarantees made that year, the	5441
amount of each such loan or loan guarantee, the county in which	5442
the loan recipient's farm is located, and whatever other	5443
information the director determines is relevant to include.	5444

(8) Adopt rules in accordance with Chapter 119. of the	5445
Revised Code establishing all of the following with regard to the	5446
program:	5447

(a) Forms and procedures by which eligible applicants may	5448
apply for financial assistance;	5449

(b) Criteria for reviewing, evaluating, and ranking	5450
applications, and for approving applications that best serve the	5451
goals of the program;	5452

(c) Reporting requirements and monitoring procedures;

5453

(d) Interest rates, payment schedules, loan transfer	5454
provisions, penalties, including penalties for the conversion of	5455
land devoted exclusively to agricultural use as defined in section	5456
5713.30 of the Revised Code, and other terms and conditions for	5457
loans purchased and loan guarantees provided under the program;	5458

(e) Criteria for determining whether the location at which	5459
the applicant proposes to use financial assistance provided under	5460
the program is in an area in which agriculture is the primary land	5461
use at the time the application is made and whether the land at	5462
that location reasonably may not be expected to be converted to a	5463
nonagricultural use during the period of time that the applicant's	5464
obligation to repay the loan remains outstanding;	5465

(f) Any other rules necessary to implement and administer	5466
the program.	5467

(B) In order to be eligible for financial assistance under	5468
section 901.80 of the Revised Code, an applicant shall demonstrate	5469
all of the following:	5470

(1) That the applicant is domiciled in this state;

5471

(2) That the applicant is unable to obtain sufficient	5472
financing from commercial or agricultural lending sources;	5473

(3) That the applicant has the ability to repay the loan,	5474
primarily from the cash flow of the proposed farming operation,	5475
and that there is adequate security for the loan;	5476

(4) That the applicant has sufficient education, training,	5477
or experience in the type of farming for which the applicant	5478
requests the financial assistance;	5479

(5) That there are no zoning restrictions, environmental	5480
regulations, or other impairments to the use of the land for the	5481
purpose intended;	5482

(6) That the location at which the applicant proposes to use	5483
the financial assistance is in an area in which agriculture is the	5484
primary land use at the time the application is made and that the	5485
land at that location reasonably may not be expected to be	5486
converted to a nonagricultural use during the period of time that	5487
the applicant's obligation to repay the financial assistance	5488
remains outstanding. In demonstrating the information required	5489
under division (B)(5)(6) of this section, the applicant shall	5490
utilize criteria established in rules adopted under division	5491
(A)(8)(e) of this section.	5492

Sec. 917.07.  The dairy industry fund is hereby created in	5493
the state treasury. All inspection fees and license fees	5494
collected under this chapter shall be deposited into the fund.	5495

The dairy fund is hereby created in the state treasury. All	5496
together with all fine moneys received by the treasurer of state	5497
pursuant to division (E)(F) of section 917.99 of the Revised Code	5498
and any other moneys collected under this chapter, except for	5499
inspection fees and license fees, shall be deposited into the	5500
fund.	5501

Moneys credited to the dairy industry fund and the dairy fund	5502
shall be used to operate and pay expenses of the division of dairy	5503
in the department of agriculture.	5504

Sec. 917.99.  (A) Whoever violates division (C) of section	5505
917.09 of the Revised Code is guilty of a misdemeanor of the	5506
second degree on a first offense and a misdemeanor of the first	5507
degree on each subsequent offense.	5508

(B) Whoever violates section 917.13 or 917.14 of the Revised	5509
Code is guilty of a misdemeanor of the first degree on a first	5510
offense, a felony of the fifth degree on a second offense, and a	5511
felony of the fourth degree on each subsequent offense.	5512

(C) Whoever violates division (A), (B), (C), (D), or (G) of	5513
section 917.05 of the Revised Code is guilty of a misdemeanor of	5514
the fourth degree.	5515

(D) Whoever violates division (E) or (F) of section 917.05	5516
of the Revised Code is guilty of a misdemeanor of the second	5517
degree on a first offense and a misdemeanor of the first degree on	5518
each subsequent offense.	5519

(E) Each day of violation of a provision described in	5520
divisions (A) to (D) of this section constitutes a separate	5521
offense.	5522

(F) The court imposing a fine under divisions (A) to (D) of	5523
this section shall order that not less than fifty per cent of the	5524
fine be disbursed to the treasurer of state for deposit into the	5525
dairy industry fund created in section 917.07 of the Revised Code.	5526
Subject to that minimum percentage, the court's order shall	5527
specify the percentage of the fine that the clerk of the court	5528
shall disburse to the treasurer of state. The clerk of the court	5529
shall disburse the remainder of the fine to the county treasurer.	5530

Sec. 991.20. The Ohio state fair shall not be held open to	5531
the public for more than fifteen days in a calendar year,	5532
beginning in the year 2002. The fifteen-day period shall not	5533
include any day on which livestock exhibits or other attractions	5534
or concessions are being set up or taken down, provided that the	5535
fair is not open to the public on any such day.	5536

Sec. 1309.40.  (A) Presentation for filing of a financing	5537
statement, tender of the filing fee, and acceptance of the	5538
statement by the filing officer constitute filing under sections	5539
1309.01 to 1309.50 of the Revised Code.	5540

(B)(1) Except as provided in divisions (B)(2) and (F) of	5541
this section, a filed financing statement is effective for a	5542
period of five years from the date of filing. The effectiveness	5543
of a filed financing statement lapses on the expiration of the	5544
five-year period unless a continuation statement is filed prior to	5545
the lapse. If a security interest perfected by filing exists at	5546
the time insolvency proceedings are commenced by or against the	5547
debtor, the security interest remains perfected until termination	5548
of the insolvency proceedings and thereafter for a period of sixty	5549
days or until expiration of the five-year period, whichever occurs	5550
later. Upon lapse the security interest becomes unperfected,	5551
unless it is perfected without filing. If the security interest	5552
becomes unperfected upon lapse, it is deemed to have been	5553
unperfected as against a person who became a purchaser or lien	5554
creditor before lapse.	5555

(2) A filed financing statement that states that it relates	5556
to an obligation secured by both (a) a mortgage upon real estate	5557
filed for record within this state and (b) a security interest in	5558
collateral, whether or not such collateral includes or consists of	5559
goods which are or are to become fixtures situated upon such real	5560
estate, shall, if such financing statement states a maturity date	5561
of such obligation, or the final installment thereof, of more than	5562
five years, be fully effective until the maturity date set forth	5563
therein. Such financing statement shall also contain a reference	5564
to the recorder's file number of the mortgage upon real estate or	5565
to the volume and page of the mortgage record in which such	5566
mortgage is recorded.	5567

(C) A continuation statement may be filed by the secured	5568
party within six months prior to the expiration of the five-year	5569
period specified in division (B)(1) of this section, or within six	5570
months prior to the stated maturity date referred to in division	5571
(B)(2) of this section. A continuation statement shall be filed	5572
on a form prescribed by the secretary of state. A continuation	5573
statement filed in the office of the county recorder shall also	5574
comply with Chapter 317. of the Revised Code. The continuation	5575
statement must be signed by the secured party, identify the	5576
original statement by file number, and state that the original	5577
statement is still effective. A continuation statement signed by	5578
a person other than the secured party of record must be	5579
accompanied by a separate written statement of assignment signed	5580
by the secured party of record and complying with division (B) of	5581
section 1309.42 of the Revised Code, including payment of the	5582
required fee. Upon timely filing of the continuation statement,	5583
the effectiveness of the original statement is continued for five	5584
years after the last date to which the filing was effective	5585
whereupon it lapses in the same manner as provided in division (B)	5586
of this section unless another continuation statement is filed	5587
prior to such lapse. Succeeding continuation statements may be	5588
filed in the same manner to continue the effectiveness of the	5589
original statement. The filing officer may remove a lapsed	5590
statement from the files and destroy it immediately if the filing	5591
officer has retained a microfilm or other photographic record, or	5592
in other cases one year after the lapse. The filing officer shall	5593
so arrange matters by physical annexation of financing statements	5594
to continuation statements or other related filings, or by other	5595
means, that if the filing officer physically destroys the	5596
financing statements of a period more than five years past, those	5597
which have been continued by a continuation statement or which are	5598
still effective under division (B)(2) or (F) of this section shall	5599
be retained.	5600

(D) Except as provided in division (G) of this section, a	5601
filing officer shall assign each statement a consecutive file	5602
number and shall hold the statement or a microfilm or other	5603
photographic or digitized copy thereof for public inspection. In	5604
addition, the filing officer shall index the statements according	5605
to the name of the debtor and shall note in the index the file	5606
number, the date and hour of filing, and the address of the debtor	5607
given in the statement. In addition to the indexing required in	5608
the previous sentence, statements covering crops growing or to be	5609
grown or timber to be cut or minerals or the like, including oil	5610
and gas, or accounts subject to division (E) of section 1309.03 of	5611
the Revised Code, or a financing statement filed as a fixture	5612
filing pursuant to section 1309.32 of the Revised Code shall also	5613
be indexed in the real estate mortgage records by the filing	5614
officer according to the name of the debtor or, if the financing	5615
statement shows the record owner or record lessee to be other than	5616
the debtor, then according to the name of the record owner or	5617
record lessee given in the statement. The fee to be charged for	5618
indexing financing statements in the real estate mortgage records	5619
shall be two dollars for each record owner or lessee listed in the	5620
statement, as provided in division (E) of section 317.32 of the	5621
Revised Code.	5622

(E) The fee for filing, indexing, and furnishing filing data	5623
for an original, amended, or a continuation statement on a form	5624
that is prescribed by the secretary of state shall be nine twelve	5625
dollars. The fee for filing, indexing, and furnishing filing data	5626
for an original, amended, or a continuation statement on a form	5627
that is not prescribed by the secretary of state and that is filed	5628
in the office of the county recorder shall be eleven dollars.	5629

(F) If the debtor is a transmitting utility and a filed	5630
financing statement so states, it is effective until a termination	5631
statement is filed. A real estate mortgage that is effective as a	5632
fixture filing under division (E) of section 1309.39 of the	5633
Revised Code remains effective as a fixture filing until the	5634
mortgage is released or satisfied of record or its effectiveness	5635
otherwise terminates as to the real estate.	5636

(G) If the person filing any original or amended financing	5637
statement, termination statement, statement of assignment, or	5638
statement of release requests a copy thereof, the filing officer	5639
shall note upon the copy the file number and date and hour of the	5640
filing of the original and deliver or send the copy to such	5641
person.	5642

(H)(1) Upon request of any person, the filing officer shall	5643
issue a certificate showing whether there is on file on the date	5644
and hour stated therein in the certificate, any presently	5645
effective financing statement naming a particular debtor, owner,	5646
or lessee, and any statement of assignment thereof of the	5647
financing statement, and, if there is, giving the date and hour of	5648
filing of each such statement and the names and addresses of each	5649
secured party therein in each such statement. The fee for such a	5650
certificate shall be nine twenty dollars plus one dollar for each	5651
financing statement and for each statement of assignment reported	5652
therein. Upon	5653

(2) Upon request, the a county recorder who is a filing	5654
officer shall furnish to any person a copy of any filed financing	5655
statement or naming a particular debtor, owner, or lessee and any	5656
filed statement of assignment of the financing statement. When	5657
such a request for copies is made in the office of the county	5658
recorder, the county recorder shall charge a fee of one dollar per	5659
page. When a request for copies is made in the office of the	5660
secretary of state, the fee shall not exceed one dollar per page.	5661

(3) Any person may request from the secretary of state a	5662
copy of any financing statement naming a particular debtor, owner,	5663
or lessee, and of any statement of assignment of the financing	5664
statement, that is on file with the secretary of state. The	5665
request shall be made in writing to the secretary of state, and	5666
the secretary of state shall charge and collect a fee of five	5667
dollars for each copy requested.	5668

Sec. 1309.401.  Through June 30, 2001, four dollars and fifty	5669
cents, and, on and after July 1, 2001, four dollars, of each fee	5670
collected by the secretary of state under sections 1309.42 and	5671
1309.43 and divisions (E) and (H) of section 1309.40 of the	5672
Revised Code, and all of the fees collected by the secretary of	5673
state under section 1309.402 (A) All fees collected by the	5674
secretary of state for filings under Title XIII or XVII of the	5675
Revised Code, shall be deposited in into the state treasury to the	5676
credit of the corporate and uniform commercial code filing fund,	5677
which is hereby created. The remainder of each such fee shall be	5678
deposited in the general revenue fund. All moneys credited to the	5679
corporate and uniform commercial code filing fund, subject to	5680
division (B) of this section, shall be used only for the purpose	5681
of paying for the operations of the office of the secretary of	5682
state, other than the division of elections, and for the purpose	5683
of paying for expenses relating to the processing of filings under	5684
Title XIII or XVII and Chapter 1329. of the Revised Code and the	5685
uniform commercial code.	5686

(B) The secretary of state business technology fund is	5687
hereby created in the state treasury. One per cent of the money	5688
credited to the corporate and uniform commercial code filing fund	5689
shall be transferred to the credit of this fund. All moneys	5690
credited to this fund shall be used only for the upkeep,	5691
improvement, or replacement of equipment, or for the purpose of	5692
training employees in the use of equipment, used to conduct	5693
business of the secretary of state's office under Title XIII or	5694
XVII of the Revised Code.	5695

Sec. 1309.402.  The fee for expedited filing service by the	5696
secretary of state for any filing under this chapter is ten	5697
dollars in addition to shall be the fee set by rule under division	5698
(A) of section 111.23 of the Revised Code plus the fee the	5699
secretary of state is otherwise required to collect for the filing	5700
under this chapter.	5701

Sec. 1309.42.  (A) A financing statement may disclose an	5702
assignment of a security interest in the collateral described in	5703
the financing statement by indication in the financing statement	5704
of the name and address of the assignee or by an assignment itself	5705
or a copy thereof on the face or back of the statement. On	5706
presentation to the filing officer of such a financing statement,	5707
the filing officer shall proceed as provided in division (D) of	5708
section 1309.40 of the Revised Code. The fee for filing,	5709
indexing, and furnishing filing data for a financing statement so	5710
indicating an assignment shall be nine twelve dollars.	5711

(B) A secured party may assign of record all or a part of	5712
the secured party's rights under a financing statement by the	5713
filing in the place where the original financing statement was	5714
filed of a separate written statement of assignment. The	5715
statement of assignment shall be on a form prescribed by the	5716
secretary of state, shall be signed by the secured party of	5717
record, shall set forth the name of the secured party of record	5718
and the debtor, the file number and the date of filing of the	5719
financing statement, and the name and address of the assignee, and	5720
shall contain a description of the collateral assigned. A	5721
statement of assignment filed in the office of the county recorder	5722
shall also comply with Chapter 317. of the Revised Code. On	5723
presentation to the filing officer of a separate statement of	5724
assignment, the filing officer shall mark the separate statement	5725
with the date and hour of filing. The filing officer shall note	5726
the assignment on the index of the financing statement, or in the	5727
case of a fixture filing, or a filing covering crops growing or to	5728
be grown or timber to be cut, or covering minerals or the like,	5729
including oil and gas, or accounts subject to division (E) of	5730
section 1309.03 of the Revised Code, the filing officer shall	5731
index the assignment under the name of the assignor as grantor	5732
and, to the extent that the law of this state provides for	5733
indexing the assignment of a mortgage under the name of the	5734
assignee, the filing officer shall index the assignment of the	5735
financing statement under the name of the assignee. The fee for	5736
filing, indexing, and furnishing filing data about such a separate	5737
statement of assignment shall be nine twelve dollars if on a form	5738
prescribed by the secretary of state. The fee for filing,	5739
indexing, and furnishing filing data about such a separate	5740
statement of assignment on a form that is not prescribed by the	5741
secretary of state and that is filed in the office of the county	5742
recorder shall be eleven dollars. Notwithstanding the provisions	5743
of this division, an assignment of record of a security interest	5744
in a fixture contained in a mortgage effective as a fixture filing	5745
pursuant to division (E) of section 1309.39 of the Revised Code	5746
may be made only by an assignment of the mortgage in the manner	5747
provided by the law of this state other than sections 1309.01 to	5748
1309.50 of the Revised Code.	5749

(C) After the disclosure or filing of an assignment under	5750
this section, the assignee is the secured party of record.	5751

Sec. 1329.01.  (A) As used in sections 1329.01 to 1329.10 of	5752
the Revised Code:	5753

(1) "Trade name" means a name used in business or trade to	5754
designate the business of the user and to which the user asserts a	5755
right to exclusive use.	5756

(2) "Fictitious name" means a name used in business or trade	5757
that is fictitious and that the user has not registered or is not	5758
entitled to register as a trade name. It does not include the	5759
name of record of any domestic corporation that is formed under	5760
Chapter 1701. or 1702. of the Revised Code, any foreign	5761
corporation that is registered pursuant to Chapter 1703. of the	5762
Revised Code, any domestic or foreign limited liability company	5763
that is formed under or registered pursuant to Chapter 1705. of	5764
the Revised Code, any domestic or foreign limited partnership that	5765
is formed under or registered pursuant to Chapter 1782. of the	5766
Revised Code, or any domestic or foreign limited liability	5767
partnership that is formed under or registered pursuant to Chapter	5768
1775. of the Revised Code.	5769

(3) "Person" includes any individual, general partnership,	5770
limited partnership, limited liability partnership, corporation,	5771
association, professional association, limited liability company,	5772
society, foundation, federation, or organization formed under the	5773
laws of this state or any other state.	5774

(B) Subject to sections 1329.01 to 1329.10 of the Revised	5775
Code, any person may register with the secretary of state, on a	5776
form prescribed by the secretary of state, any trade name under	5777
which the person is operating, setting forth all of the following:	5778

(1) The name and business address of the applicant for	5779
registration and any of the following that is applicable:	5780

(a) If the applicant is a general partnership, the names and	5781
residence addresses of all of the partners;	5782

(b) If the applicant is a limited partnership existing prior	5783
to July 1, 1994, that has not registered with the secretary of	5784
state pursuant to Chapter 1782. of the Revised Code, the name of	5785
the Ohio county in which its certificate of limited partnership or	5786
application for registration as a foreign limited partnership is	5787
filed;	5788

(c) If the applicant is a limited partnership to which	5789
division (B)(1)(b) of this section does not apply or is a	5790
corporation, professional association, limited liability company,	5791
or other entity, the form of the entity and the state under the	5792
laws of which it was formed.	5793

(2) The trade name to be registered;

5794

(3) The general nature of the business conducted by the	5795
applicant;	5796

(4) The length of time during which the trade name has been	5797
used by the applicant in business operations in this state.	5798

(C) The trade name application shall be signed by the	5799
applicant or by any authorized representative of the applicant.	5800

A single trade name may be registered upon each trade name	5801
application submitted under sections 1329.01 to 1329.10 of the	5802
Revised Code.	5803

The trade name application shall be accompanied by a filing	5804
fee of twenty fifty dollars, payable to the secretary of state.	5805

(D) Any person who does business under a fictitious name and	5806
who has not registered and does not wish to register the	5807
fictitious name as a trade name or who cannot do so because the	5808
name is not available for registration shall report the use of the	5809
fictitious name to the secretary of state, on a form prescribed by	5810
the secretary of state, setting forth all of the following:	5811

(1) The name and business address of the user and any of the	5812
following that is applicable:	5813

(a) If the user is a general partnership, the names and	5814
residence addresses of all the partners;	5815

(b) If the user is a limited partnership existing prior to	5816
July 1, 1994, that has not been registered with the secretary of	5817
state pursuant to Chapter 1782. of the Revised Code, the name of	5818
the Ohio county in which its certificate of limited partnership or	5819
application for registration as a foreign limited partnership is	5820
filed;	5821

(c) If the user is a limited partnership to which division	5822
(D)(1)(b) of this section does not apply or is a corporation,	5823
professional association, limited liability company, or other	5824
entity, the form of the entity and the state under whose laws it	5825
was formed.	5826

(2) The fictitious name being used;

5827

(3) The general nature of the business conducted by the	5828
user.	5829

(E) The report of use of a fictitious name shall be signed	5830
by the user or by any authorized representative of the user.	5831

A single fictitious name may be registered upon each	5832
fictitious name report submitted under sections 1329.01 to 1329.10	5833
of the Revised Code.	5834

The fictitious name report shall be accompanied by a filing	5835
fee of ten fifty dollars, payable to the secretary of state.	5836

A report under this division shall be made within thirty days	5837
after the date of the first use of the fictitious name.	5838

Sec. 1329.04.  Registration of a trade name or report of a	5839
fictitious name, under sections 1329.01 to 1329.10 of the Revised	5840
Code, shall be effective for a term of five years from the date of	5841
registration or report. Upon application filed within six months	5842
prior to the expiration of such term, on a form furnished by the	5843
secretary of state, the registration or report may be renewed at	5844
the end of each five-year period for a like term, provided that a	5845
general partnership shall renew its registration or report	5846
whenever there has been a change in the listing of partners on its	5847
registration or report and a limited partnership shall renew its	5848
registration or report when a change occurs in the listing of its	5849
general partners on its registration or report. Such a renewal	5850
shall extend the registration or report for five years, unless	5851
further changes occur in the interim. A The renewal fee specified	5852
in division (S)(3) of ten dollars section 111.16 of the Revised	5853
Code, payable to the secretary of state, shall accompany the	5854
application for renewal of the registration or report.	5855

The secretary of state shall notify persons who have	5856
registered trade names or reported fictitious names, within the	5857
six months next preceding the expiration of the five years from	5858
the date of registration or report, of the necessity of renewal by	5859
writing to the last known address of such persons.	5860

Sec. 1329.06.  Any trade name or fictitious name and its	5861
registration or report shall be assignable by an instrument in	5862
writing duly executed and may be recorded with the secretary of	5863
state upon the payment of a the fee specified in division (S)(4)	5864
of ten dollars section 111.16 of the Revised Code, payable to the	5865
secretary of state, who, recording the assignment, shall issue in	5866
the name of the assignee a new certificate for the remainder of	5867
the term of the registration or report or the last renewal	5868
thereof. The instrument shall be on a form prescribed by the	5869
secretary of state.	5870

Sec. 1329.07.  The registrant of any trade name or a person	5871
who reports a fictitious name shall record all changes of the	5872
registrant's business address by filing with the secretary of	5873
state a statement in writing, on a form prescribed by the	5874
secretary of state, setting forth the name previously registered	5875
or reported, the date of the registration or report, and the new	5876
address of the applicant. A The filing fee specified in division	5877
(S)(4) of three dollars section 111.16 of the Revised Code shall	5878
accompany such the statement.	5879

Sec. 1329.42.  A person who uses in this state a name, mark,	5880
or device to indicate ownership of articles or supplies may file	5881
in the office of the secretary of state, on a form to be	5882
prescribed by the secretary of state, a verified statement setting	5883
forth, but not limited to, the following information:	5884

(A) The name and business address of the person filing the	5885
statement; and, if a corporation, the state of incorporation;	5886

(B) The nature of the business of the applicant;

5887

(C) The type of articles or supplies in connection with	5888
which the name, mark, or device is used.	5889

The statement shall include or be accompanied by a specimen	5890
evidencing actual use of the name, mark, or device, together with	5891
a the filing fee specified in division (U)(1) of twenty dollars	5892
section 111.16 of the Revised Code. The registration of a name,	5893
mark, or device pursuant to this section is effective for a	5894
ten-year period beginning on the date of registration. If an	5895
application for renewal is filed within six months prior to the	5896
expiration of the ten-year period on a form prescribed by the	5897
secretary of state, the registration may be renewed at the end of	5898
each ten-year period for an additional ten-year period. A The	5899
renewal fee specified in division (U)(2) of ten dollars section	5900
111.16 of the Revised Code shall accompany the application for	5901
renewal. The secretary of state shall notify a registrant within	5902
the six months next preceding the expiration of ten years from the	5903
date of registration of the necessity of renewal by writing to the	5904
last known address of the registrant.	5905

Sec. 1329.421.  The registrant of a name, mark, or device	5906
used to indicate ownership shall record all changes of the	5907
registrant's business address by filing with the secretary of	5908
state a written statement, on a form prescribed by the secretary	5909
of state, of the new address. A The filing fee of three dollars	5910
specified in division (U)(2) of section 111.16 of the Revised Code	5911
shall accompany the statement.	5912

Sec. 1329.45.  The certificate of the filing of any name,	5913
mark, or device under sections 1329.41 to 1329.53 of the Revised	5914
Code and the benefits obtained thereunder under it shall be	5915
assignable with the sale of the articles or supplies on which the	5916
same are produced and used. Assignments shall be by instruments	5917
in writing duly executed and may be recorded upon the payment of a	5918
the fee specified in division (U)(2) of ten dollars section 111.16	5919
of the Revised Code, payable to the secretary of state, who, after	5920
recording the assignment, upon request of the assignee, may issue	5921
in the assignee's name a new certificate. The instrument shall be	5922
on a form prescribed by the secretary of state.	5923

Sec. 1329.56.  (A) Subject to the limitations set forth in	5924
sections 1329.54 to 1329.67 of the Revised Code, any person who	5925
adopts and uses a trademark or service mark in this state may file	5926
in the office of the secretary of state, on a form to be	5927
prescribed by the secretary of state, an application for	5928
registration of that trademark or service mark that sets forth,	5929
but is not limited to, the following information:	5930

(1) The name and business address of the person applying for	5931
the registration; if the person is a corporation, the state of its	5932
incorporation; if the person is a partnership or limited liability	5933
partnership, the state in which the partnership is organized and	5934
the names of the general partners; and, if the person is a limited	5935
liability company, the state of its organization;	5936

(2) The goods or services on or in connection with which the	5937
mark is used, the mode or manner in which the mark is used on or	5938
in connection with the goods or services, and the class in which	5939
the goods or services fall;	5940

(3) The date when the mark was first used anywhere and the	5941
date when it was first used in this state by the applicant or the	5942
applicant's predecessor in interest;	5943

(4) A statement that the applicant is the owner of the mark,	5944
that the mark is in use, and that, to the knowledge of the person	5945
verifying the application, no other person has the right to use	5946
the mark in the state either in the identical form of the mark, or	5947
in near resemblance to the mark, as to be likely, when used on or	5948
in connection with the goods or services of another person, to	5949
cause confusion or mistake or to deceive;	5950

(5) A statement that, to the knowledge of the person	5951
verifying the application, no other person has a registration or a	5952
pending intent to use application of the same or a confusingly	5953
similar mark in the United States patent and trademark office for	5954
the same or similar goods or services or a statement that the	5955
applicant is the owner of a concurrent registration in the United	5956
States patent and trademark office of the applicant's mark	5957
covering an area including this state.	5958

(B) The application shall be signed and verified by the	5959
applicant, by an authorized representative, or by an officer of	5960
the firm, limited liability company, limited liability	5961
partnership, general partnership, or limited partnership,	5962
corporation, union, association, or other organization that is the	5963
applicant.	5964

(C) The application shall be accompanied by a specimen of	5965
the mark as actually used and shall contain a brief description of	5966
the mark as it appears on the specimen.	5967

(D) The application shall be accompanied by a the filing fee	5968
specified in division (U)(1) of twenty dollars that is section	5969
111.16 of the Revised Code, payable to the secretary of state.	5970

Sec. 1329.58.  Registration of a trademark or service mark	5971
under sections 1329.54 to 1329.67 of the Revised Code shall be	5972
effective for a term of ten years from the date of registration.	5973
Upon the filing of an application within six months prior to the	5974
expiration of that term on a form furnished by the secretary of	5975
state, the registrant may renew the registration at the end of	5976
each ten-year period for a similar term. A The renewal fee	5977
specified in division (U)(2) of ten dollars that is section 111.16	5978
of the Revised Code, payable to the secretary of state, shall	5979
accompany the renewal application. The renewal application shall	5980
require the applicant to state that the mark still is in use in	5981
this state.	5982

Sec. 1329.60.  Any trademark or service mark and its	5983
registration shall be assignable with the good will of the	5984
business in which the trademark or service mark is used, or with	5985
that part of the good will of the business connected with the use	5986
of and symbolized by the trademark or service mark. Assignment	5987
shall be by instruments in writing duly executed and may be	5988
recorded with the secretary of state upon the payment of a the fee	5989
specified in division (U)(2) of ten dollars section 111.16 of the	5990
Revised Code, payable to the secretary of state, who, after	5991
recording the assignment, shall issue in the name of the assignee	5992
a new certificate for the remainder of the term of the	5993
registration or of the last renewal thereof. The instrument shall	5994
be on a form prescribed by the secretary of state. An assignment	5995
of any registration shall be void as against any subsequent	5996
purchaser for valuable consideration without notice unless it is	5997
recorded with the secretary of state within three months after the	5998
date thereof or prior to such subsequent purchase.	5999

Sec. 1329.601.  The registrant of a trademark or service mark	6000
shall record all changes of the registrant's business address by	6001
filing a written statement, on a form prescribed by the secretary	6002
of state, of the new address with the secretary of state. A The	6003
filing fee of three dollars specified in division (U)(2) of	6004
section 111.16 of the Revised Code shall accompany the statement.	6005

Sec. 1501.01.  Except where otherwise expressly provided, the	6006
director of natural resources shall formulate and institute all	6007
the policies and programs of the department of natural resources.	6008
The chief of any division of the department shall not enter into	6009
any contract, agreement, or understanding unless it is approved by	6010
the director. No appointee or employee of the director, other	6011
than the assistant director, may bind the director in a contract	6012
except when given general or special authority to do so by the	6013
director.	6014

The director shall correlate and coordinate the work and	6015
activities of the divisions in the department to eliminate	6016
unnecessary duplications of effort and overlapping of functions.	6017
The chiefs of the various divisions of the department shall meet	6018
with the director at least once each month at a time and place	6019
designated by the director.	6020

The director may create advisory boards to any of those	6021
divisions in conformity with section 121.13 of the Revised Code.	6022

The director may accept and expend gifts, devises, and	6023
bequests of money, lands, and other properties on behalf of the	6024
department or any division thereof under the terms set forth in	6025
section 9.20 of the Revised Code. Any political subdivision of	6026
this state may make contributions to the department for the use of	6027
the department or any division therein according to the terms of	6028
the contribution.	6029

The director may publish and sell or otherwise distribute	6030
data, reports, and information.	6031

The director shall adopt rules in accordance with Chapter	6032
119. of the Revised Code to permit the department to accept by	6033
means of a credit card the payment of fees, charges, and rentals	6034
at those facilities described in section 1501.07 of the Revised	6035
Code that are operated by the department, for any data, reports,	6036
or information sold by the department, and for any other goods or	6037
services provided by the department.	6038

Whenever authorized by the governor to do so, the director	6039
may appropriate property for the uses and purposes authorized to	6040
be performed by the department and on behalf of any division	6041
within the department. This authority shall be exercised in the	6042
manner provided in sections 163.01 to 163.22 of the Revised Code	6043
for the appropriation of property by the director of	6044
administrative services. This authority to appropriate property	6045
is in addition to the authority provided by law for the	6046
appropriation of property by divisions of the department. The	6047
director of natural resources also may acquire by purchase, lease,	6048
or otherwise such real and personal property rights or privileges	6049
in the name of the state as are necessary for the purposes of the	6050
department or any division therein. The director, with the	6051
approval of the governor and the attorney general, may sell,	6052
lease, or exchange portions of lands or property, real or	6053
personal, of any division of the department or grant easements or	6054
licenses for the use thereof, or enter into agreements for the	6055
sale of water from lands and waters under the administration or	6056
care of the department or any of its divisions, when the sale,	6057
lease, exchange, easement, agreement, or license for use is	6058
advantageous to the state, provided that such approval is not	6059
required for leases and contracts made under section 1507.12, if	6060
any, or section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of	6061
the Revised Code. Water may be sold from a reservoir only to the	6062
extent that the reservoir was designed to yield a supply of water	6063
for a purpose other than recreation or wildlife, and the water	6064
sold is in excess of that needed to maintain the reservoir for	6065
purposes of recreation or wildlife.	6066

Money received from such sales, leases, easements, exchanges,	6067
agreements, or licenses for use, except revenues required to be	6068
set aside or paid into depositories or trust funds for the payment	6069
of bonds issued under sections 1501.12 to 1501.15 of the Revised	6070
Code, and to maintain the required reserves therefor as provided	6071
in the orders authorizing the issuance of such bonds or the trust	6072
agreements securing such bonds, revenues required to be paid and	6073
credited pursuant to the bond proceeding applicable to obligations	6074
issued pursuant to section 154.22, and revenues generated under	6075
section 1520.05 of the Revised Code, shall be deposited in the	6076
state treasury to the credit of the fund of the division of the	6077
department having prior jurisdiction over the lands or property.	6078
If no such fund exists, the money shall be credited to the general	6079
revenue fund. All such money received from lands or properties	6080
administered by the division of wildlife shall be credited to the	6081
wildlife fund.	6082

The director shall provide for the custody, safekeeping, and	6083
deposit of all moneys, checks, and drafts received by the	6084
department or its employees prior to paying them to the treasurer	6085
of state under section 113.08 of the Revised Code.	6086

The director shall cooperate with the nature conservancy,	6087
other nonprofit organizations, and the United States fish and	6088
wildlife service in order to secure protection of islands in the	6089
Ohio river and the wildlife and wildlife habitat of those islands.	6090

Any instrument by which real property is acquired pursuant to	6091
this section shall identify the agency of the state that has the	6092
use and benefit of the real property as specified in section	6093
5301.012 of the Revised Code.	6094

Sec. 1501.40.  The department of natural resources is the	6095
designated state agency responsible for the coordination and	6096
administration of sections 120 to 136 of the "National and	6097
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	6098
12401 to 12456, and amendments thereto as amended. With the	6099
assistance of the state Ohio community service advisory committee	6100
council created in section 121.40 of the Revised Code, the	6101
director of natural resources shall coordinate with other state	6102
agencies to apply for funding under the act when appropriate and	6103
shall administer any federal funds the state receives under	6104
sections 120 to 136 of the act.	6105

Sec. 1502.12.  There is hereby created in the state treasury	6106
the scrap tire recycling fund, consisting of moneys transferred to	6107
the fund under section 3734.82 of the Revised Code. The chief of	6108
the division of recycling and litter prevention, pursuant to	6109
division (B) of section 1502.04 of the Revised Code and with the	6110
approval of the director of natural resources, may make grants	6111
from the fund for the purpose of supporting market development	6112
activities for recycled scrap tires. The chief, with the approval	6113
of the director, shall require any eligible applicant for grants	6114
who is certified by the recycling and litter prevention advisory	6115
council under division (B) of section 1502.04 of the Revised Code	6116
to provide a matching contribution in the same manner specified	6117
for contributions made pursuant to division (C) of section 1502.05	6118
of the Revised Code.	6119

Sec. 1503.011.  The chief of the division of forestry shall	6121
be responsible for the conservation and development of forests	6122
within this state. He The chief shall be concerned with	6123
silvicultural practices, including the proper planting, growing,	6124
protecting, harvesting, and managing of trees for such purposes as	6125
watershed and soil protection, timber production and utilization,	6126
recreation, aesthetics, wildlife habitat development, and urban	6127
enhancement and for all benefits that forests provide.	6128

The chief may do any or all of the following:

6129

(A) Provide rural forestry assistance to nonindustrial	6130
private forest landowners, including advice in tree planting,	6131
forest improvement, harvesting, and all aspects of conservation;	6132

(B) Provide urban forestry assistance to individuals,	6133
nonprofit organizations, and political subdivisions to manage	6134
their urban forest resource and develop comprehensive tree care	6135
programs;	6136

(C) Provide wood utilization, marketing, and rural forestry	6137
development assistance to forest industries, political	6138
subdivisions and agencies thereof, and state and federal agencies	6139
for the purpose of establishing and maintaining a viable,	6140
economically sound wood-based industry while expanding the forest	6141
resource of this state;	6142

(D) Provide forest pest protection assistance to forest	6143
landowners, political subdivisions and agencies thereof, and state	6144
and federal agencies on assessing and evaluating the health and	6145
vigor of the forest resource;	6146

(E) Provide technical assistance to landowners in developing	6147
forest windbreaks, filter strips, and other forest management	6148
practices that provide conservation benefits;	6149

(F) Provide awareness of and education concerning the	6150
programs provided for under divisions (A) to (E) of this section;	6151

(G) Enter into agreements with political subdivisions and	6152
agencies thereof, state and federal agencies, firefighting	6153
agencies and private fire companies, as those terms are defined in	6154
section 9.60 of the Revised Code, nonprofit organizations, and	6155
individuals to meet the needs of forestry assistance in this state	6156
and, in accordance with sections section 1503.01 and 1503.35 of	6157
the Revised Code, develop and administer grant programs for any of	6158
those entities requesting assistance. The chief shall adopt, and	6159
may amend and rescind, rules in accordance with Chapter 119. of	6160
the Revised Code establishing such requirements and procedures as	6161
are necessary to implement this division.	6162

As used in this section, "nonprofit organization" has the	6163
same meaning as in section 4141.01 of the Revised Code.	6164

Sec. 1507.01.  There is hereby created in the department of	6165
natural resources the division of engineering to be administered	6166
by the chief engineer of the department, who shall be a	6167
professional engineer registered under Chapter 4733. of the	6168
Revised Code. The chief engineer shall do all of the following:	6169

(A) Administer this chapter;

6170

(B) Provide engineering, architectural, land surveying, and	6171
related administrative and maintenance support services to the	6172
other divisions in the department;	6173

(C) Upon request of the director of natural resources,	6174
implement the department's capital improvement program and	6175
facility maintenance projects, including all associated	6176
engineering, architectural, design, contracting, surveying,	6177
inspection, and management responsibilities and requirements;	6178

(D) With the approval of the director, act as contracting	6179
officer in departmental engineering, architectural, surveying, and	6180
construction matters regarding capital improvements except for	6181
those matters otherwise specifically provided for in law;	6182

(E) As long as the state retains ownership of the Burr Oak	6183
water system, administer, operate, and maintain the Burr Oak water	6184
system and, with the approval of the director, act as contracting	6185
agent in matters concerning that system;	6186

(F) Provide engineering support for the coastal management	6187
program established under Chapter 1506. of the Revised Code;	6188

(G)(F) Coordinate the department's roadway maintenance	6189
program with the department of transportation pursuant to section	6190
5511.05 of the Revised Code and maintain the roadway inventory of	6191
the department of natural resources;	6192

(H) Coordinate the department's emergency response	6193
activities with the emergency management agency created in section	6194
5502.22 of the Revised Code;	6195

(I)(G) Coordinate the department's projects, programs,	6196
policies, procedures, and activities with the United States army	6197
corps of engineers;	6198

(J)(H) Subject to the approval of the director, employ	6199
professional and technical assistants and such other employees as	6200
are necessary for the performance of the activities required or	6201
authorized under this chapter, other work of the division, and any	6202
other work agreed to under working agreements or contractual	6203
arrangements; prescribe their duties; and fix their compensation	6204
in accordance with such schedules as are provided by law for the	6205
compensation of state employees.	6206

Sec. 1509.071.  (A) When the chief of the division of	6207
mineral resources management finds that an owner has failed to	6208
comply with the restoration requirements of section 1509.072,	6209
plugging requirements of section 1509.12, or permit provisions of	6210
section 1509.13 of the Revised Code, or rules and orders relating	6211
thereto, the chief shall make a finding of that fact and declare	6212
any surety bond filed to ensure compliance with those sections and	6213
rules forfeited in the amount set by rule of the chief. The chief	6214
thereupon shall certify the total forfeiture to the attorney	6215
general, who shall proceed to collect the amount of the	6216
forfeiture.	6217

In lieu of total forfeiture, the surety, at its option, may	6218
cause the well to be properly plugged and abandoned and the area	6219
properly restored or pay to the treasurer of state the cost of	6220
plugging and abandonment.	6221

(B) All moneys collected because of forfeitures of bonds as	6222
provided in this section shall be deposited in the state treasury	6223
to the credit of the oil and gas well fund created in section	6224
1509.02 of the Revised Code. The fund shall be expended by the	6225
chief for the following purposes in addition to the other purposes	6226
specified in that section:	6227

(1) In accordance with division (D) of this section, to plug	6228
wells or to restore the land surface properly as required in	6229
section 1509.072 of the Revised Code for which the bonds have been	6230
forfeited, for abandoned wells for which no funds are available to	6231
plug the wells in accordance with this chapter, or to use	6232
abandoned wells for the injection of oil or gas production wastes;	6233

(2) In accordance with division (E) of this section, to	6234
correct conditions that the chief reasonably has determined are	6235
causing imminent health or safety risks.	6236

Expenditures from the fund shall be made only for lawful	6237
purposes.	6238

(C)(1) Upon determining that the owner of a well has failed	6239
to properly plug and abandon it or to properly restore the land	6240
surface at the well site in compliance with the applicable	6241
requirements of this chapter and applicable rules adopted and	6242
orders issued under it or that a well is an abandoned well for	6243
which no funds are available to plug the well in accordance with	6244
this chapter, the chief shall do all of the following:	6245

(a) Determine from the records in the office of the county	6246
recorder of the county in which the well is located the identity	6247
of the owner of the land on which the well is located, the	6248
identity of the owner of the oil or gas lease under which the well	6249
was drilled or the identity of each person owning an interest in	6250
the lease, and the identities of the persons having legal title	6251
to, or a lien upon, any of the equipment appurtenant to the well;	6252

(b) Mail notice to the owner of the land on which the well	6253
is located informing the landowner that the well is to be plugged.	6254
If the owner of the oil or gas lease under which the well was	6255
drilled is different from the owner of the well or if any persons	6256
other than the owner of the well own interests in the lease, the	6257
chief also shall mail notice that the well is to be plugged to the	6258
owner of the lease or to each person owning an interest in the	6259
lease, as appropriate.	6260

(c) Mail notice to each person having legal title to, or a	6261
lien upon, any equipment appurtenant to the well, informing the	6262
person that the well is to be plugged and offering the person the	6263
opportunity to plug the well and restore the land surface at the	6264
well site at the person's own expense in order to avoid forfeiture	6265
of the equipment to this state.	6266

(2) If none of the persons described in division (C)(1)(c)	6267
of this section plugs the well within sixty days after the mailing	6268
of the notice required by that division, all equipment appurtenant	6269
to the well is hereby declared to be forfeited to this state	6270
without compensation and without the necessity for any action by	6271
the state for use to defray the cost of plugging and abandoning	6272
the well and restoring the land surface at the well site.	6273

(D) Expenditures from the fund for the purpose of division	6274
(B)(1) of this section shall be made in accordance with either of	6275
the following:	6276

(1) The expenditures may be made pursuant to contracts	6277
entered into by the chief with persons who agree to furnish all of	6278
the materials, equipment, work, and labor as specified and	6279
provided in such a contract. Agents or employees of persons	6280
contracting with the chief for the restoration, plugging, and	6281
injection projects may enter upon any land, public or private, for	6282
which a project has been approved by the controlling board and on	6283
which the well is located, for the purpose of performing the work.	6284
Prior to such entry, the chief shall give to the following persons	6285
written notice of the existence of a contract for a project to	6286
restore, plug, or inject oil or gas production wastes into a well,	6287
the names of the persons with whom the contract is made, and the	6288
date that the project will commence: the owner of the well, the	6289
owner of the land upon which the well is located, the owner or	6290
agents of adjoining land, and, if the well is located in the same	6291
township as or in a township adjacent to the excavations and	6292
workings of a mine and the owner or lessee of that mine has	6293
provided written notice identifying those townships to the chief	6294
at any time during the immediately preceding three years, the	6295
owner or lessee of the mine.	6296

The chief periodically shall submit project proposals under	6297
division (D)(1) of this section to the controlling board, together	6298
with benefit and cost data and other pertinent information.	6299
Expenditures from the fund for the purpose of division (D)(1) of	6300
this section may be made only for restoration, plugging, or	6301
injection projects that are approved by the controlling board, and	6302
expenditures for a particular project may not exceed any limits	6303
set by the board.	6304

(2)(a) The owner of the land on which a well is located who	6305
has received notice under division (C)(1)(b) of this section may	6306
plug the well and be reimbursed by the division for the reasonable	6307
cost of plugging the well. In order to plug the well, the	6308
landowner shall submit an application to the chief on a form	6309
prescribed by the chief and approved by the technical advisory	6310
council on oil and gas created in section 1509.38 of the Revised	6311
Code. The application, at a minimum, shall require the landowner	6312
to provide the same information as is required to be included in	6313
the application for a permit to plug and abandon under section	6314
1509.13 of the Revised Code. The application shall be accompanied	6315
by a copy of a proposed contract to plug the well prepared by a	6316
contractor regularly engaged in the business of plugging oil and	6317
gas wells. The proposed contract shall require the contractor to	6318
furnish all of the materials, equipment, work, and labor necessary	6319
to plug the well properly and shall specify the price for doing	6320
the work, including a credit for the equipment appurtenant to the	6321
well that was forfeited to the state through the operation of	6322
division (C)(2) of this section. The application also shall be	6323
accompanied by the permit fee required by section 1509.13 of the	6324
Revised Code unless the chief, in the chief's discretion, waives	6325
payment of the permit fee. The application constitutes an	6326
application for a permit to plug and abandon the well for the	6327
purposes of section 1509.13 of the Revised Code.	6328

(b) Within thirty days after receiving an application and	6329
accompanying proposed contract under division (D)(2)(a) of this	6330
section, the chief shall determine whether the plugging would	6331
comply with the applicable requirements of this chapter and	6332
applicable rules adopted and orders issued under it and whether	6333
the cost of the plugging under the proposed contract is	6334
reasonable. If the chief determines that the proposed plugging	6335
would comply with those requirements and that the proposed cost of	6336
the plugging is reasonable, the chief shall notify the landowner	6337
of that determination and issue to the landowner a permit to plug	6338
and abandon the well under section 1509.13 of the Revised Code.	6339
Upon approval of the application and proposed contract, the chief	6340
shall transfer ownership of the equipment appurtenant to the well	6341
to the landowner. The chief may disapprove an application	6342
submitted under division (D)(2)(a) of this section if the chief	6343
determines that the proposed plugging would not comply with the	6344
applicable requirements of this chapter and applicable rules	6345
adopted and orders issued under it, that the cost of the plugging	6346
under the proposed contract is unreasonable, or that the proposed	6347
contract is not a bona fide, arms length contract.	6348

(c) After receiving the chief's notice of the approval of	6349
the application and permit to plug and abandon a well under	6350
division (D)(2)(b) of this section, the landowner shall enter into	6351
the proposed contract to plug the well. The plugging shall be	6352
completed within one hundred eight days after the landowner	6353
receives the notice of approval and permit.	6354

(d) Upon determining that the plugging has been completed	6355
within the time required by division (D)(2)(c) of this section and	6356
has been completed in compliance with the applicable requirements	6357
of this chapter and applicable rules adopted and orders issued	6358
under it, the chief shall reimburse the landowner for the cost of	6359
the plugging as set forth in the proposed contract approved by the	6360
chief. The reimbursement shall be paid from the oil and gas well	6361
fund. If the chief determines that the plugging was not completed	6362
within the required time or was not completed in accordance with	6363
the applicable requirements, the chief shall not reimburse the	6364
landowner for the cost of the plugging, and the landowner or the	6365
contractor, as applicable, promptly shall transfer back to this	6366
state title to and possession of the equipment appurtenant to the	6367
well that previously was transferred to the landowner under	6368
division (D)(2)(b) of this section. If any such equipment was	6369
removed from the well during the plugging and sold, the landowner	6370
shall pay to the chief the proceeds from the sale of the	6371
equipment, and the chief promptly shall pay the moneys so received	6372
to the treasurer of state for deposit into the oil and gas well	6373
fund.	6374

The chief may establish an annual limit on the number of	6375
wells that may be plugged under division (D)(2) of this section or	6376
an annual limit on the expenditures to be made under that	6377
division.	6378

As used in division (D)(2) of this section, "plug" and	6379
"plugging" include the plugging of the well and the restoration of	6380
the land surface disturbed by the plugging.	6381

(E) Expenditures from the oil and gas well fund for the	6382
purpose of division (B)(2) of this section may be made pursuant to	6383
contracts entered into by the chief with persons who agree to	6384
furnish all of the materials, equipment, work, and labor as	6385
specified and provided in such a contract. The competitive	6386
bidding requirements of Chapter 153. of the Revised Code do not	6387
apply if the chief reasonably determines that correction of the	6388
applicable health or safety risk requires immediate action. The	6389
chief, designated representatives of the chief, and agents or	6390
employees of persons contracting with the chief under this	6391
division may enter upon any land, public or private, for the	6392
purpose of performing the work.	6393

(F) Contracts entered into by the chief under this section	6394
are not subject to either of the following:	6395

(1) Chapter 4115. of the Revised Code;

6396

(2) Section 153.54 of the Revised Code, except that the	6397
contractor shall obtain and provide to the chief as a bid guaranty	6398
a surety bond or letter of credit in an amount equal to ten per	6399
cent of the amount of the contract.	6400

(G) The owner of land on which a well is located who has	6401
received notice under division (C)(1)(b) of this section, in lieu	6402
of plugging the well in accordance with division (D)(2) of this	6403
section, may cause ownership of the well to be transferred to an	6404
owner who is lawfully doing business in this state and who has met	6405
the financial responsibility requirements established under	6406
section 1509.07 of the Revised Code, subject to the approval of	6407
the chief. The transfer of ownership also shall be subject to the	6408
landowner's filing the appropriate forms required under this	6409
chapter and providing to the chief sufficient information to	6410
demonstrate the landowner's or owner's right to produce a	6411
formation or formations. That information may include a deed, a	6412
lease, or other documentation of ownership or property rights.	6413

The chief shall approve or disapprove the transfer of	6414
ownership of the well. If the chief approves the transfer, the	6415
owner is responsible for operating the well in accordance with	6416
this chapter and rules adopted under it, including, without	6417
limitation, all of the following:	6418

(1) Filing an application with the chief under section	6419
1509.06 of the Revised Code if the owner intends to drill deeper	6420
or produce a formation that is not listed in the records of the	6421
division for that well;	6422

(2) Taking title to and possession of the equipment	6423
appurtenant to the well that has been identified by the chief as	6424
having been abandoned by the former owner;	6425

(3) Complying with all applicable requirements that are	6426
necessary to drill deeper, plug the well, or plug back the well.	6427

Sec. 1513.10. If, at the end of a coal mining operation's	6428
permit or renewal period, the number of acres of land affected by	6429
the operation proves to be smaller than the number of acres of	6430
land for which the operator paid a permit fee for the operation	6431
under section 1513.07 of the Revised Code, the operator is	6432
entitled to a refund of the excess permit fee. The refund shall	6433
be in an amount equal to the amount paid per acre as a permit fee	6434
multiplied by the difference between the number of acres in the	6435
area of land affected as verified by the division of mineral	6436
resources management and the number of acres of land for which the	6437
operator paid a permit fee.	6438

Refunds shall be paid out of the reclamation fee fund,	6439
which is hereby created in the state treasury. The treasurer of	6440
state shall place forty thousand dollars from the fees collected	6441
under section 1513.07 of the Revised Code in the fund. As moneys	6442
are spent from the fund, the treasurer of state shall credit to	6443
the fund the amount that is needed to keep the balance of the fund	6444
at forty thousand dollars. The remainder of the fees collected	6445
under section 1513.07 of the Revised Code shall be deposited with	6446
the treasurer of state to the credit of the coal mining	6447
administration and reclamation reserve fund created in section	6448
1513.181 of the Revised Code.	6449

Sec. 1514.11.  In addition to the purposes authorized in	6450
section 1514.06 of the Revised Code, the chief of the division of	6451
mineral resources management may use moneys in the surface mining	6452
fund created under that section for the administration and	6453
enforcement of this chapter, for the reclamation of land affected	6454
by surface mining under a permit issued under this chapter that	6455
the operator failed to reclaim and for which the performance bond	6456
filed by the operator is insufficient to complete the reclamation,	6457
and for the reclamation of land affected by surface mining that	6458
was abandoned and left unreclaimed and for which no permit was	6459
issued or bond filed under this chapter, and for the mine safety	6460
and first aid classes provided under division (C) of section	6461
1561.26 of the Revised Code. The chief, with the approval of the	6462
director of natural resources, annually shall determine the	6463
amounts to be expended for the mine safety and first aid classes.	6464
For purposes of this section, the chief shall expend moneys in the	6465
fund in accordance with the procedures and requirements	6466
established in section 1514.06 of the Revised Code and may enter	6467
into contracts and perform work in accordance with that section.	6468

Fees collected under sections 1514.02 and 1514.03 of the	6469
Revised Code, one-half of the moneys collected from the severance	6470
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	6471
the Revised Code, and all of the moneys collected from the	6472
severance tax levied under division (A)(7) of section 5749.02 of	6473
the Revised Code shall be credited to the fund in accordance with	6474
those sections. Notwithstanding any section of the Revised Code	6475
relating to the distribution or crediting of fines for violations	6476
of the Revised Code, all fines imposed under section 1514.99 of	6477
the Revised Code shall be credited to the fund.	6478

Sec. 1521.04.  The chief of the division of water, with the	6479
approval of the director of natural resources, may make loans and	6480
grants from the water management fund created in section 1501.32	6481
of the Revised Code to governmental agencies for water management,	6482
water supply improvements, and planning and may administer grants	6483
from the federal government and from other public or private	6484
sources for carrying out those functions and for the performance	6485
of any acts that may be required by the United States or by any	6486
agency or department thereof as a condition for the participation	6487
by any governmental agency in any federal financial or technical	6488
assistance program. Direct and indirect costs of administration	6489
may be paid from the water management fund.	6490

The chief may use the water management fund to acquire,	6491
construct, reconstruct, improve, equip, maintain, operate, and	6492
dispose of water management improvements. The chief may fix,	6493
alter, charge, and collect rates, fees, rentals, and other charges	6494
to be paid into the water management fund by governmental agencies	6495
and persons who are supplied with water by facilities constructed	6496
or operated by the department of natural resources in order to	6497
amortize and defray the cost of the construction, maintenance, and	6498
operation of those facilities. This section does not apply to the	6499
Burr Oak water system administered by the chief engineer of the	6500
department of natural resources under sections 1507.01 and 1507.12	6501
of the Revised Code.	6502

Sec. 1521.19. (A) There is hereby created the Ohio water	6503
resources council consisting of the directors of agriculture,	6504
development, environmental protection, health, natural resources,	6505
transportation, and the Ohio public works commission, the	6506
chairperson of the public utilities commission of Ohio, the	6507
executive directors of the state and local government commission	6508
of Ohio and the Ohio water development authority, and an executive	6509
assistant in the office of the governor appointed by the governor.	6510
The governor shall appoint one of the members of the council to	6511
serve as its chairperson. The council may adopt bylaws that are	6512
necessary for the implementation of this section. The council	6513
shall provide a forum for policy development, collaboration and	6514
coordination among state agencies, and strategic direction with	6515
respect to state water resource programs. The council shall be	6516
assisted in its functions by a state agency coordinating group and	6517
an advisory group as provided in this section.	6518

(B) The state agency coordinating group shall consist of the	6519
executive director of the Ohio Lake Erie commission and a member	6520
or members from each state agency, commission, and authority	6521
represented on the council, to be appointed by the applicable	6522
director, chairperson, or executive director. However, the	6523
environmental protection agency shall be represented on the group	6524
by the chiefs of the divisions within that agency having	6525
responsibility for surface water programs and drinking and ground	6526
water programs, and the department of natural resources shall be	6527
represented on the group by the chief of the division of water	6528
and the chief of the division of soil and water conservation. The	6529
chairperson of the council shall appoint a leader of the state	6530
agency coordinating group. The group shall provide assistance to	6531
and perform duties on behalf of the council as directed by the	6532
council.	6533

(C) The advisory group shall consist of not more than twenty	6534
members, each representing an organization or entity with an	6535
interest in water resource issues. The council shall appoint the	6536
members of the advisory group. Of the initial appointments, not	6537
more than ten members shall be appointed for one-year terms, and	6538
not more than ten members shall be appointed for two-year terms.	6539
Thereafter, all advisory group members shall serve two-year terms.	6540
Members may be reappointed. Each member shall hold office from	6541
the date of the member's appointment until the end of the member's	6542
term. A member shall continue in office subsequent to the	6543
expiration date of the member's term until the member's successor	6544
takes office or until a period of sixty days has elapsed,	6545
whichever occurs first. The council may remove a member for	6546
misfeasance, nonfeasance, or malfeasance in office. The council	6547
shall appoint members to fill any vacancies on the group. A	6548
member appointed to fill a vacancy shall hold office for the	6549
remainder of the term for which that member was appointed.	6550

The chairperson of the council shall appoint a chairperson of	6551
the advisory group. The advisory group shall advise the council	6552
on water resources issues addressed by the council.	6553

(D) There is hereby created in the state treasury the Ohio	6554
water resources council fund. The department of natural resources	6555
shall serve as the fiscal agent for the fund. The departments of	6556
agriculture, development, environmental protection, health,	6557
natural resources, and transportation shall transfer moneys to the	6558
fund in equal amounts via intrastate transfer voucher. The public	6559
utilities commission of Ohio, Ohio public works commission, state	6560
and local government commission of Ohio, and Ohio water	6561
development authority may transfer moneys to the fund. If a	6562
voluntary transfer of moneys is made to the fund, the portion that	6563
is required to be transferred by the departments of agriculture,	6564
development, environmental protection, health, natural resources,	6565
and transportation may be equally reduced. Moneys in the fund	6566
shall be used to pay the operating expenses of the Ohio water	6567
resources council, including those specified in division (E) of	6568
this section.	6569

(E) The Ohio water resources council may hire staff to	6570
support its activities. The council may enter into contracts and	6571
agreements with state agencies, political subdivisions, and	6572
private entities to assist in accomplishing its objectives.	6573
Advisory group members shall be reimbursed for expenses	6574
necessarily incurred in the performance of their duties pursuant	6575
to section 126.31 of the Revised Code and any applicable rules	6576
pertaining to travel reimbursement adopted by the office of budget	6577
and management.	6578

Sec. 1531.35.  The wildlife boater angler fund is hereby	6579
created in the state treasury. The fund shall consist of money	6580
credited to the fund pursuant to section 5735.051 of the Revised	6581
Code and other money contributed to the division of wildlife for	6582
the purposes of the fund. The fund may shall be used for boating	6583
access construction, capital improvements, grant programs for	6584
boating and fishing access, maintenance, and development on lakes	6585
on which the operation of gasoline-powered watercraft is	6586
permissible.	6587

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	6588
stamps, deer and wild turkey permits, and fur taker permits shall	6589
be issued by the clerk of the court of common pleas, village and	6590
township clerks, and other authorized agents designated by the	6591
chief of the division of wildlife. When required by the chief, a	6592
clerk or agent shall give bond in the manner provided by the	6593
chief. All bonds, reports, except records prescribed by the	6594
auditor of state, and moneys received by those persons shall be	6595
handled under rules adopted by the director of natural resources.	6596

The premium of any fidelity bond prescribed under section	6597
9.832 of the Revised Code or of any bond prescribed by the chief	6598
under this section may be paid by the chief. Any person who is	6599
designated and authorized by the chief to issue licenses, stamps,	6600
and permits as provided in this section, except the clerk of the	6601
court of common pleas and the village and township clerks, shall	6602
pay to the chief a premium in an amount that represents the	6603
person's portion of the premium paid by the chief under this	6604
section, which amount shall be established by the chief and	6605
approved by the wildlife council created under section 1531.03 of	6606
the Revised Code. The chief shall pay all moneys that the chief	6607
receives as premiums under this section into the state treasury to	6608
the credit of the wildlife fund created under section 1531.17 of	6609
the Revised Code.	6610

Every authorized agent, for the purpose of issuing hunting	6611
and fishing licenses, deer and wild turkey permits, and fur taker	6612
permits, may administer oaths to and take affidavits from	6613
applicants for the licenses or permits when required. An	6614
authorized agent may appoint deputies to perform any acts that the	6615
agent is authorized to perform, consistent with division rules.	6616

Every applicant for a hunting or fishing license, deer or	6617
wild turkey permit, or fur taker permit, unless otherwise provided	6618
by division rule, shall make and subscribe an affidavit setting	6619
forth the applicant's name, age, weight, height, occupation, place	6620
of residence, personal description, and citizenship. The clerk or	6621
other agent authorized to issue licenses and permits shall charge	6622
each applicant a fee of one dollar for taking the affidavit and	6623
issuing the license or permit. The application, license, permit,	6624
and other blanks required by this section shall be prepared and	6625
furnished by the chief, in such form as the chief provides, to the	6626
clerk or other agent authorized to issue them. The licenses and	6627
permits shall be issued to applicants by the clerk or other agent.	6628
The record of licenses and permits kept by the clerk and other	6629
authorized agents shall be uniform throughout the state and in	6630
such form or manner as the auditor of state prescribes and shall	6631
be open at all reasonable hours to the inspection of any person.	6632
Unless otherwise provided by division rule, each hunting license,	6633
deer or wild turkey permit, and fur taker permit issued shall	6634
remain in force until midnight of the thirty-first day of August	6635
next ensuing. Application for any such license or permit may be	6636
made and a license or permit issued prior to the date upon which	6637
it becomes effective.	6638

The chief may require an applicant who wishes to purchase a	6639
license, stamp, or permit by mail or telephone to pay a nominal	6640
fee for postage and handling.	6641

The court before whom a violator of any laws or division	6642
rules for the protection of wild animals is tried, as a part of	6643
the punishment, shall revoke the license, stamp, or permit of any	6644
person convicted. The license, stamp, or permit fee paid by that	6645
person shall not be returned to the person. The person shall not	6646
procure or use any other license, stamp, or permit or engage in	6647
hunting wild animals or trapping fur-bearing animals during the	6648
period of revocation as ordered by the court.	6649

No person under sixteen years of age shall engage in hunting	6650
unless accompanied by the person's parent or another adult person.	6651

Sec. 1547.67.  The division of watercraft, with the approval	6652
of the director of natural resources, may expend, for the purpose	6653
of assisting political subdivisions, conservancy districts, and	6654
state departments to establish or maintain and operate a marine	6655
patrol for the purpose of enforcing this chapter and Chapter 1548.	6656
of the Revised Code and rules adopted under them and to provide	6657
emergency response to boating accidents on the water, such funds	6658
as are appropriated by the general assembly for that purpose and,	6659
in addition, such moneys from the waterways safety fund	6660
established in section 1547.75 of the Revised Code as determined	6661
to be necessary by the division not to exceed ten per cent of all	6662
moneys accruing to the fund. In no case shall the grant to a	6663
political subdivision, conservancy district, or state department,	6664
not including the department of natural resources, total more than	6665
thirty thirty-five thousand dollars in a calendar year. Moneys so	6666
allocated may be used for the purchase, maintenance, and operation	6667
of vessels and marine equipment, educational materials, and	6668
personnel salaries that are necessary for enforcement of this	6669
chapter and Chapter 1548. of the Revised Code and rules adopted	6670
under them and to provide emergency response to boating accidents	6671
on the water.	6672

The division shall disburse the moneys as provided in this	6673
section in accordance with its determination of need in the	6674
enforcement of this chapter and Chapter 1548. of the Revised Code	6675
and rules adopted under them and shall disburse those moneys only	6676
on a cost share basis to supplement funds allocated by a political	6677
subdivision, conservancy district, or state department for that	6678
purpose. A grantee shall provide at least twenty-five per cent of	6679
the total program cost.	6680

Sec. 1561.26.  (A) As used in this section, "EMT-basic,"	6681
"EMT-I," and "paramedic" have the same meanings as in section	6682
4765.01 of the Revised Code.	6683

(B) The superintendent of rescue stations, with the approval	6684
of the chief of the division of mineral resources management,	6685
shall, at each rescue station provided for in section 1561.25 of	6686
the Revised Code, train and employ rescue crews of six members	6687
each, one of whom shall hold a mine foreperson or fire boss	6688
certificate and be designated captain, and train and employ any	6689
number of such rescue crews as the superintendent believes	6690
necessary. One member of a rescue crew shall be certified as an	6691
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew	6692
shall devote the time specified by the chief each month for	6693
training purposes and shall be available at all times to assist in	6694
rescue work at explosions, mine fires, and other emergencies.	6695

A captain of mine rescue crews shall receive for service as	6696
captain the sum of twenty-four dollars per month, and each member	6697
shall receive the sum of twenty dollars per month, all payable on	6698
requisition approved by the chief. When engaged in rescue work at	6699
explosions, mine fires, or other emergencies away from their	6700
station, the members of the rescue crews and captains of the same	6701
shall be paid the sum of six dollars per hour for work on the	6702
surface, which includes the time consumed by such those members in	6703
traveling to and from the scene of such the emergency when such	6704
the scene is away from the station of such the members, and the	6705
sum of seven dollars per hour for all work underground at such the	6706
emergency, and in addition thereto, the necessary living expenses	6707
of such the members when such the emergency is away from their	6708
home station, all payable on requisition approved by the chief.	6709

Each member of a mine rescue crew shall undergo an annual	6710
medical examination by a doctor designated by the chief. In	6711
designating such the doctor, the chief shall choose one near the	6712
station of the member of such the rescue crews. Such The doctor	6713
shall report the doctor's findings to the chief and if, in the	6714
opinion of the chief, such the report indicates that such the	6715
member is physically unfit for further services, the chief shall	6716
relieve the member from further duty. The fee charged by such the	6717
doctor for such the examination shall be paid in the same manner	6718
as fees are paid to doctors employed by the industrial commission	6719
for special medical examinations.	6720

The chief may remove any member of a rescue crew for any	6721
reason. Such crews shall be subject to the orders of the chief,	6722
the superintendent, and the deputy mine inspectors when engaged in	6723
actual mine rescue work. Mine rescue crews shall, in case of	6724
death or injury when engaged in rescue work, wherever the same may	6725
occur, be paid compensation, or their dependents shall be paid	6726
death benefits, from the workers' compensation fund, in the same	6727
manner as other employees of the state.	6728

(C) In addition to the training of rescue crews, each	6729
assistant superintendent of rescue stations, with the approval of	6730
the superintendent, shall provide for and conduct safety, first	6731
aid, and rescue classes at any mine or for any group of miners who	6732
make application for the conducting of such classes. The chief may	6733
assess a fee for safety and first aid classes for the purpose of	6734
covering the costs associated with providing those classes. The	6735
chief shall establish a fee schedule for safety and first aid	6736
classes by rule adopted in accordance with Chapter 119. of the	6737
Revised Code. Fees collected under this section shall be	6738
deposited in the surface mining fund created in section 1514.06 of	6739
the Revised Code.	6740

The superintendent shall prescribe and provide for a uniform	6741
schedule of conducting such safety and rescue classes as will	6742
provide a competent knowledge of modern safety and rescue methods	6743
in, at, and about mines.	6744

Sec. 1701.05.  (A) Except as provided in this section, and	6745
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code,	6746
which sections relate to the reorganization, merger, and	6747
consolidation of corporations, the corporate name of a domestic	6748
corporation shall comply with all of the following:	6749

(1) It shall end with or include the word or abbreviation	6750
"company," "co.," "corporation," "corp.," "incorporated," or	6751
"inc."	6752

(2) It shall be distinguishable upon the records in the	6753
office of the secretary of state from all of the following:	6754

(a) The name of any other corporation, whether nonprofit or	6755
for profit and whether that of a domestic or of a foreign	6756
corporation authorized to do business in this state;	6757

(b) The name of any limited liability company registered in	6758
the office of the secretary of state pursuant to Chapter 1705. of	6759
the Revised Code, whether domestic or foreign;	6760

(c) The name of any limited liability partnership registered	6761
in the office of the secretary of state pursuant to Chapter 1775.	6762
of the Revised Code, whether domestic or foreign;	6763

(d) The name of any limited partnership registered in the	6764
office of the secretary of state pursuant to Chapter 1782. of the	6765
Revised Code, whether domestic or foreign;	6766

(e) Any trade name the exclusive right to which is at the	6767
time in question registered in the office of the secretary of	6768
state pursuant to Chapter 1329. of the Revised Code.	6769

(3) It shall not contain any language that indicates or	6770
implies that the corporation is connected with a government agency	6771
of this state, another state, or the United States.	6772

(B) The secretary of state shall determine for purposes of	6773
this section whether a name is "distinguishable" from another name	6774
upon the secretary of state's records. Without excluding other	6775
names that may not constitute distinguishable names in this state,	6776
a name is not considered distinguishable from another name for	6777
purposes of this section solely because it differs from the other	6778
name in only one or more of the following manners:	6779

(1) The use of the word "corporation," "company,"	6780
"incorporated," "limited," or any abbreviation of any of those	6781
words;	6782

(2) The use of any article, conjunction, contraction,	6783
abbreviation, or punctuation;	6784

(3) The use of a different tense or number of the same word.

6785

(C) A corporation may apply to the secretary of state for	6786
authorization to use a name that is not distinguishable upon the	6787
secretary of state's records from the name of any other	6788
corporation, limited liability company, limited liability	6789
partnership, or limited partnership, or from a registered trade	6790
name, if there also is filed in the office of the secretary of	6791
state, on a form prescribed by the secretary of state, the consent	6792
of the other entity or, in the case of a registered trade name,	6793
the person in whose name is registered the exclusive right to use	6794
the name, which consent is evidenced in a writing signed by any	6795
authorized officer or any authorized representative of the other	6796
entity or person.	6797

(D) In case of judicial sale or judicial transfer, by sale	6798
or transfer of good will or otherwise, of the right to use the	6799
name of a corporation, whether nonprofit or for profit, and	6800
whether that of a domestic corporation or of a foreign corporation	6801
authorized to exercise its corporate privileges in this state or	6802
to do business in this state, the secretary of state, at the	6803
instance of the purchaser or transferee of such right, shall	6804
accept for filing articles of a corporation with a name the same	6805
as or similar to the name of such other corporation, if there also	6806
is filed in the office of the secretary of state a certified copy	6807
of the decree or order of court confirming or otherwise evidencing	6808
the purchase or transfer.	6809

(E) Any person who wishes to reserve a name for a proposed	6810
new corporation, or any corporation intending to change its name,	6811
may submit to the secretary of state a written application, on a	6812
form prescribed by the secretary of state, for the exclusive right	6813
to use a specified name as the name of a corporation. If the	6814
secretary of state finds that, under this section, the specified	6815
name is available for such use, the secretary of state shall file	6816
the application and, from the date of the filing, the applicant	6817
shall have the exclusive right for sixty one hundred eighty days	6818
to use the specified name as the name of a corporation, counting	6819
the date of such filing as the first of sixty one hundred eighty	6820
days. The right so obtained may be transferred by the applicant	6821
or other holder thereof by the filing in the office of the	6822
secretary of state of a written transfer, on a form prescribed by	6823
the secretary of state, stating the name and address of the	6824
transferee.	6825

(F) For filing under this section any application or other	6826
document, other than articles or a consent to the use of a name,	6827
the secretary of state shall charge and collect a fee of five	6828
dollars.	6829

Sec. 1701.07.  (A) Every corporation shall have and maintain	6830
an agent, sometimes referred to as the "statutory agent," upon	6831
whom any process, notice, or demand required or permitted by	6832
statute to be served upon a corporation may be served. The agent	6833
may be a natural person who is a resident of this state or may be	6834
a domestic corporation or a foreign corporation holding a license	6835
as such under the laws of this state, that is authorized by its	6836
articles of incorporation to act as such agent and that has a	6837
business address in this state.	6838

(B) The secretary of state shall not accept original	6839
articles for filing unless there is filed with the articles a	6840
written appointment of an agent that is signed by the	6841
incorporators of the corporation or a majority of them and a	6842
written acceptance of the appointment that is signed by the agent.	6843
In all other cases, the corporation shall appoint the agent and	6844
shall file in the office of the secretary of state a written	6845
appointment of the agent that is signed by any authorized officer	6846
of the corporation and a written acceptance of the appointment	6847
that is either the original acceptance signed by the agent or a	6848
photocopy, facsimile, or similar reproduction of the original	6849
acceptance signed by the agent.	6850

(C) The written appointment of an agent shall set forth the	6851
name and address in this state of the agent, including the street	6852
and number or other particular description, and shall otherwise be	6853
in such form as the secretary of state prescribes. The secretary	6854
of state shall keep a record of the names of corporations, and the	6855
names and addresses of their respective agents.	6856

(D) If any agent dies, removes from the state, or resigns,	6857
the corporation shall forthwith appoint another agent and file	6858
with the secretary of state, on a form prescribed by the secretary	6859
of state, a written appointment of the agent.	6860

(E) Unless the change is reported on the annual report filed	6861
with the department of taxation, if the agent changes the agent's	6862
address from that appearing upon the record in the office of the	6863
secretary of state, the corporation or the agent shall forthwith	6864
file with the secretary of state, on a form prescribed by the	6865
secretary of state, a written statement setting forth the new	6866
address.	6867

(F) An agent may resign by filing with the secretary of	6868
state, on a form prescribed by the secretary of state, a written	6869
notice to that effect that is signed by the agent and by sending a	6870
copy of the notice to the corporation at the current or last known	6871
address of its principal office on or prior to the date the notice	6872
is filed with the secretary of state. The notice shall set forth	6873
the name of the corporation, the name and current address of the	6874
agent, the current or last known address, including the street and	6875
number or other particular description, of the corporation's	6876
principal office, the resignation of the agent, and a statement	6877
that a copy of the notice has been sent to the corporation within	6878
the time and in the manner prescribed by this division. Upon the	6879
expiration of thirty days after the filing, the authority of the	6880
agent shall terminate.	6881

(G) A corporation may revoke the appointment of an agent by	6882
filing with the secretary of state, on a form prescribed by the	6883
secretary of state, a written appointment of another agent and a	6884
statement that the appointment of the former agent is revoked.	6885

(H) Any process, notice, or demand required or permitted by	6886
statute to be served upon a corporation may be served upon the	6887
corporation by delivering a copy of it to its agent, if a natural	6888
person, or by delivering a copy of it at the address of its agent	6889
in this state, as the address appears upon the record in the	6890
office of the secretary of state. If (1) the agent cannot be	6891
found, or (2) the agent no longer has that address, or (3) the	6892
corporation has failed to maintain an agent as required by this	6893
section, and if in any such case the party desiring that the	6894
process, notice, or demand be served, or the agent or	6895
representative of the party, shall have filed with the secretary	6896
of state an affidavit stating that one of the foregoing conditions	6897
exists and stating the most recent address of the corporation that	6898
the party after diligent search has been able to ascertain, then	6899
service of process, notice, or demand upon the secretary of state,	6900
as the agent of the corporation, may be initiated by delivering to	6901
the secretary of state or at the secretary of state's office	6902
quadruplicate copies of such process, notice, or demand and by	6903
paying to the secretary of state a fee of five dollars. The	6904
secretary of state shall forthwith give notice of the delivery to	6905
the corporation at its principal office as shown upon the record	6906
in the secretary of state's office and at any different address	6907
shown on its last franchise tax report filed in this state, or to	6908
the corporation at any different address set forth in the above	6909
mentioned affidavit, and shall forward to the corporation at said	6910
addresses, by certified mail, with request for return receipt, a	6911
copy of the process, notice, or demand; and thereupon service upon	6912
the corporation shall be deemed to have been made.	6913

(I) The secretary of state shall keep a record of each	6914
process, notice, and demand delivered to the secretary of state or	6915
at the secretary of state's office under this section or any other	6916
law of this state that authorizes service upon the secretary of	6917
state, and shall record the time of the delivery and the action	6918
thereafter with respect thereto.	6919

(J) This section does not limit or affect the right to serve	6920
any process, notice, or demand upon a corporation in any other	6921
manner permitted by law.	6922

(K) Every corporation shall state in each annual report	6923
filed by it with the department of taxation the name and address	6924
of its statutory agent.	6925

(L) Except when an original appointment of an agent is filed	6926
with the original articles, a written appointment of an agent or a	6927
written statement filed by a corporation with the secretary of	6928
state shall be signed by any authorized officer of the corporation	6929
or by the incorporators of the corporation or a majority of them	6930
if no directors have been elected.	6931

(M) For filing a written appointment of an agent other than	6932
one filed with original articles, and for filing a statement of	6933
change of address of an agent, the secretary of state shall charge	6934
and collect a the fee specified in division (R) of three dollars	6935
section 111.16 of the Revised Code.	6936

(N) Upon the failure of a corporation to appoint another	6937
agent or to file a statement of change of address of an agent, the	6938
secretary of state shall give notice thereof by certified mail to	6939
the corporation at the address set forth in the notice of	6940
resignation or on the last franchise tax return filed in this	6941
state by the corporation. Unless the default is cured within	6942
thirty days after the mailing by the secretary of state of the	6943
notice or within any further period of time that the secretary of	6944
state grants, upon the expiration of that period of time from the	6945
date of the mailing, the articles of the corporation shall be	6946
canceled without further notice or action by the secretary of	6947
state. The secretary of state shall make a notation of the	6948
cancellation on the secretary of state's records.	6949

A corporation whose articles have been canceled may be	6950
reinstated by filing, on a form prescribed by the secretary of	6951
state, an application for reinstatement and the required	6952
appointment of agent or required statement, and by paying a the	6953
filing fee specified in division (Q) of ten dollars section 111.16	6954
of the Revised Code. The rights, privileges, and franchises of a	6955
corporation whose articles have been reinstated are subject to	6956
section 1701.922 of the Revised Code. The secretary of state	6957
shall furnish the tax commissioner a monthly list of all	6958
corporations canceled and reinstated under this division.	6959

(O) This section does not apply to banks, trust companies,	6960
insurance companies, or any corporation defined under the laws of	6961
this state as a public utility for taxation purposes.	6962

Sec. 1701.81.  (A) Upon adoption by each constituent entity	6963
of an agreement of merger or consolidation pursuant to section	6964
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or 1701.801 of the	6965
Revised Code, a certificate of merger or consolidation shall be	6966
filed with the secretary of state that is signed by any authorized	6967
representative of each constituent corporation, partnership, or	6968
other entity. The certificate shall be on a form prescribed by	6969
the secretary of state and shall set forth only the information	6970
required by this section.	6971

(B)(1) The certificate of merger or consolidation shall set	6972
forth all of the following:	6973

(a) The name and the form of entity of each constituent	6974
entity and the state under the laws of which each constituent	6975
entity exists;	6976

(b) A statement that each constituent entity has complied	6977
with all of the laws under which it exists and that the laws	6978
permit the merger or consolidation;	6979

(c) The name and mailing address of the person or entity	6980
that is to provide, in response to any written request made by a	6981
shareholder, partner, or other equity holder of a constituent	6982
entity, a copy of the agreement of merger or consolidation;	6983

(d) The effective date of the merger or consolidation, which	6984
date may be on or after the date of the filing of the certificate;	6985

(e) The signature of each representative authorized to sign	6986
the certificate on behalf of each constituent entity and the	6987
office held or the capacity in which the representative is acting;	6988

(f) A statement that the agreement of merger or	6989
consolidation is authorized on behalf of each constituent entity	6990
and that each person who signed the certificate on behalf of each	6991
entity is authorized to do so;	6992

(g) In the case of a merger, a statement that one or more	6993
specified constituent entities will be merged into a specified	6994
surviving entity or, in the case of a consolidation, a statement	6995
that the constituent entities will be consolidated into a new	6996
entity;	6997

(h) In the case of a merger, if the surviving entity is a	6998
foreign entity not licensed to transact business in this state,	6999
the name and address of the statutory agent upon whom any process,	7000
notice, or demand against any constituent entity may be served;	7001

(i) In the case of a consolidation, the name and address of	7002
the statutory agent upon whom any process, notice, or demand	7003
against any constituent entity or the new entity may be served.	7004

(2) In the case of a consolidation into a new domestic	7005
corporation, limited liability company, or limited partnership,	7006
the articles of incorporation, the articles of organization, or	7007
the certificate of limited partnership of the new domestic entity	7008
shall be filed with the certificate of merger or consolidation.	7009

(3) In the case of a merger into a domestic corporation,	7010
limited liability company, or limited partnership, any amendments	7011
to the articles of incorporation, articles of organization, or	7012
certificate of limited partnership of the surviving domestic	7013
entity shall be filed with the certificate of merger or	7014
consolidation.	7015

(4) If the surviving or new entity is a foreign entity that	7016
desires to transact business in this state as a foreign	7017
corporation, limited liability company, or limited partnership,	7018
the certificate of merger or consolidation shall be accompanied by	7019
the information required by division (B)(8), (9), or (10) of	7020
section 1701.791 of the Revised Code.	7021

(5) If a foreign or domestic corporation licensed to	7022
transact business in this state is a constituent entity and the	7023
surviving or new entity resulting from the merger or consolidation	7024
is not a foreign or domestic corporation that is to be licensed to	7025
transact business in this state, the certificate of merger or	7026
consolidation shall be accompanied by the affidavits, receipts,	7027
certificates, or other evidence required by division (H) of	7028
section 1701.86 of the Revised Code, with respect to each domestic	7029
constituent corporation, and by the affidavits, receipts,	7030
certificates, or other evidence required by division (C) or (D) of	7031
section 1703.17 of the Revised Code, with respect to each foreign	7032
constituent corporation licensed to transact business in this	7033
state.	7034

(C) If any constituent entity in a merger or consolidation	7035
is organized or formed under the laws of a state other than this	7036
state or under any chapter of the Revised Code other than this	7037
chapter, there also shall be filed in the proper office all	7038
documents that are required to be filed in connection with the	7039
merger or consolidation by the laws of that state or by that	7040
chapter.	7041

(D) Upon the filing of a certificate of merger or	7042
consolidation and other filings as described in division (C) of	7043
this section or at such later date as the certificate of merger or	7044
consolidation specifies, the merger or consolidation is effective.	7045

(E) The secretary of state shall furnish, upon request and	7046
payment of a the fee specified in division (D) of ten dollars	7047
section 111.16 of the Revised Code, the secretary of state's	7048
certificate setting forth the name and the form of entity of each	7049
constituent entity and the states under the laws of which each	7050
constituent entity existed prior to the merger or consolidation,	7051
the name and the form of entity of the surviving or new entity and	7052
the state under the laws of which the surviving entity exists or	7053
the new entity is to exist, the date of filing of the certificate	7054
of merger or consolidation with the secretary of state, and the	7055
effective date of the merger or consolidation. The certificate of	7056
the secretary of state, or a copy of the certificate of merger or	7057
consolidation certified by the secretary of state, may be filed	7058
for record in the office of the recorder of any county in this	7059
state and, if filed, shall be recorded in the records of deeds for	7060
that county. For that recording, the county recorder shall charge	7061
and collect the same fee as in the case of deeds.	7062

Sec. 1702.05.  (A) Except as provided in this section and in	7063
sections 1702.41 and 1702.45 of the Revised Code, the secretary of	7064
state shall not accept for filing in the secretary of state's	7065
office any articles if the corporate name set forth in the	7066
articles is not distinguishable upon the secretary of state's	7067
records from any of the following:	7068

(1) The name of any other corporation, whether a nonprofit	7069
corporation or a business corporation and whether that of a	7070
domestic or of a foreign corporation authorized to do business in	7071
this state;	7072

(2) The name of any limited liability company registered in	7073
the office of the secretary of state pursuant to Chapter 1705. of	7074
the Revised Code, whether domestic or foreign;	7075

(3) The name of any limited liability partnership registered	7076
in the office of the secretary of state pursuant to Chapter 1775.	7077
of the Revised Code, whether domestic or foreign;	7078

(4) The name of any limited partnership registered in the	7079
office of the secretary of state pursuant to Chapter 1782. of the	7080
Revised Code, whether domestic or foreign;	7081

(5) Any trade name, the exclusive right to which is at the	7082
time in question registered in the office of the secretary of	7083
state pursuant to Chapter 1329. of the Revised Code.	7084

(B) The secretary of state shall determine for purposes of	7085
this section whether a name is "distinguishable" from another name	7086
upon the secretary of state's records. Without excluding other	7087
names that may not constitute distinguishable names in this state,	7088
a name is not considered distinguishable from another name for	7089
purposes of this section solely because it differs from the other	7090
name in only one or more of the following manners:	7091

(1) The use of the word "corporation," "company,"	7092
"incorporated," "limited," or any abbreviation of any of those	7093
words;	7094

(2) The use of any article, conjunction, contraction,	7095
abbreviation, or punctuation;	7096

(3) The use of a different tense or number of the same word.

7097

(C) A corporation may apply to the secretary of state for	7098
authorization to use a name that is not distinguishable upon the	7099
secretary of state's records from the name of any other	7100
corporation, any limited liability company, limited liability	7101
partnership, or limited partnership, or from a registered trade	7102
name, if there also is filed in the office of the secretary of	7103
state, on a form prescribed by the secretary of state, the consent	7104
of the other entity, or, in the case of a registered trade name,	7105
the person in whose name is registered the exclusive right to use	7106
the name, which consent is evidenced in a writing signed by any	7107
authorized officer or authorized representative of the other	7108
entity or person.	7109

(D) In case of judicial sale or judicial transfer, by sale	7110
or transfer of good will or otherwise, of the right to use the	7111
name of a nonprofit corporation or business corporation, whether	7112
that of a domestic corporation or of a foreign corporation	7113
authorized to exercise its corporate privileges in this state or	7114
to do business in this state, the secretary of state, at the	7115
instance of the purchaser or transferee of such right, shall	7116
accept for filing articles of a corporation with a name the same	7117
as or similar to the name of such other corporation, if there also	7118
is filed in the office of the secretary of state a certified copy	7119
of the decree or order of court confirming or otherwise evidencing	7120
the purchase or transfer.	7121

(E) Any person who wishes to reserve a name for a proposed	7122
new corporation, or any corporation intending to change its name,	7123
may submit to the secretary of state a written application, on a	7124
form prescribed by the secretary of state, for the exclusive right	7125
to use a specified name as the name of a corporation. If the	7126
secretary of state finds that, under this section, the specified	7127
name is available for such use, the secretary of state shall file	7128
such application, and, from the date of such filing, such	7129
applicant shall have the exclusive right for sixty one hundred	7130
eighty days to use the specified name as the name of a	7131
corporation, counting the date of such filing as the first of the	7132
sixty one hundred eighty days. The right so obtained may be	7133
transferred by the applicant or other holder of the right by the	7134
filing in the office of the secretary of state of a written	7135
transfer, on a form prescribed by the secretary of state, stating	7136
the name and address of the transferee.	7137

(F) For filing under this section any application or other	7138
document, other than articles or a consent to the use of a name,	7139
the secretary of state shall charge and collect a fee of five	7140
dollars.	7141

Sec. 1702.06.  (A) Every corporation shall have and maintain	7142
an agent, sometimes referred to as the "statutory agent," upon	7143
whom any process, notice, or demand required or permitted by	7144
statute to be served upon a corporation may be served. The agent	7145
may be a natural person who is a resident of this state, or may be	7146
a domestic or foreign business corporation holding a license as	7147
such under the laws of this state that is authorized by its	7148
articles of incorporation to act as such agent, and that has a	7149
business address in this state.	7150

(B) The secretary of state shall not accept original	7151
articles for filing unless there is filed with the articles a	7152
written appointment of an agent signed by the incorporators of the	7153
corporation or a majority of them and a written acceptance of the	7154
appointment signed by the agent. In all other cases, the	7155
corporation shall appoint the agent and shall file in the office	7156
of the secretary of state a written appointment of the agent that	7157
is signed by any authorized officer of the corporation and a	7158
written acceptance of the appointment that is either the original	7159
acceptance signed by the agent or a photocopy, facsimile, or	7160
similar reproduction of the original acceptance signed by the	7161
agent.	7162

(C) The written appointment of an agent shall set forth the	7163
name and address in this state of the agent, including the street	7164
and number or other particular description, and shall otherwise be	7165
in such form as the secretary of state prescribes. The secretary	7166
of state shall keep a record of the names of corporations and the	7167
names and addresses of their respective agents.	7168

(D) If any agent dies, removes from the state, or resigns,	7169
the corporation shall forthwith appoint another agent and file	7170
with the secretary of state, on a form prescribed by the secretary	7171
of state, a written appointment of that agent.	7172

(E) If the agent changes the agent's address from that	7173
appearing upon the record in the office of the secretary of state,	7174
the corporation or the agent shall forthwith file with the	7175
secretary of state, on a form prescribed by the secretary of	7176
state, a written statement setting forth the new address.	7177

(F) An agent may resign by filing with the secretary of	7178
state, on a form prescribed by the secretary of state, a written	7179
notice to that effect that is signed by the agent and by sending a	7180
copy of the notice to the corporation at the current or last known	7181
address of its principal office on or prior to the date that	7182
notice is filed with the secretary of state. The notice shall set	7183
forth the name of the corporation, the name and current address of	7184
the agent, the current or last known address, including the street	7185
and number or other particular description, of the corporation's	7186
principal office, the resignation of the agent, and a statement	7187
that a copy of the notice has been sent to the corporation within	7188
the time and in the manner prescribed by this division. Upon the	7189
expiration of sixty days after such filing, the authority of the	7190
agent shall terminate.	7191

(G) A corporation may revoke the appointment of an agent by	7192
filing with the secretary of state, on a form prescribed by the	7193
secretary of state, a written appointment of another agent and a	7194
statement that the appointment of the former agent is revoked.	7195

(H) Any process, notice, or demand required or permitted by	7196
statute to be served upon a corporation may be served upon the	7197
corporation by delivering a copy of it to its agent, if a natural	7198
person, or by delivering a copy of it at the address of its agent	7199
in this state, as such address appears upon the record in the	7200
office of the secretary of state. If (1) the agent cannot be	7201
found, or (2) the agent no longer has that address, or (3) the	7202
corporation has failed to maintain an agent as required by this	7203
section, and if in any such case the party desiring that such	7204
process, notice, or demand be served, or the agent or	7205
representative of the party, shall have filed with the secretary	7206
of state an affidavit stating that one of the foregoing conditions	7207
exists and stating the most recent address of the corporation that	7208
the party after diligent search has been able to ascertain, then	7209
service of process, notice, or demand upon the secretary of state,	7210
as the agent of the corporation, may be initiated by delivering to	7211
the secretary of state or at the secretary of state's office	7212
triplicate copies of such process, notice, or demand and by paying	7213
to the secretary of state a fee of five dollars. The secretary of	7214
state shall forthwith give notice of such delivery to the	7215
corporation at its principal office as shown upon the record in	7216
the secretary of state's office and also to the corporation at any	7217
different address set forth in the above mentioned affidavit, and	7218
shall forward to the corporation at each of those addresses, by	7219
certified mail, with request for return receipt, a copy of such	7220
process, notice, or demand; and thereupon service upon the	7221
corporation shall be deemed to have been made.	7222

(I) The secretary of state shall keep a record of each	7223
process, notice, and demand delivered to the secretary of state or	7224
at the secretary of state's office under this section or any other	7225
law of this state that authorizes service upon the secretary of	7226
state, and shall record the time of such delivery and the	7227
secretary of state's action thereafter with respect thereto.	7228

(J) This section does not limit or affect the right to serve	7229
any process, notice, or demand upon a corporation in any other	7230
manner permitted by law.	7231

(K) Except when an original appointment of an agent is filed	7232
with the original articles, a written appointment of an agent or a	7233
written statement filed by a corporation with the secretary of	7234
state shall be signed by any authorized officer of the corporation	7235
or by the incorporators of the corporation or a majority of them	7236
if no directors have been elected.	7237

(L) For filing a written appointment of an agent other than	7238
one filed with original articles, and for filing a statement of	7239
change of address of an agent, the secretary of state shall charge	7240
and collect a the fee specified in division (R) of three dollars	7241
section 111.16 of the Revised Code.	7242

(M) Upon the failure of any corporation to appoint another	7243
agent or to file a statement of change of address of an agent, the	7244
secretary of state shall give notice thereof by certified mail to	7245
the corporation at the address set forth in the notice of	7246
resignation or on the most recent statement of continued existence	7247
filed in this state by the corporation. Unless the failure is	7248
cured within thirty days after the mailing by the secretary of	7249
state of the notice or within any further period the secretary of	7250
state grants, upon the expiration of that period, the articles of	7251
the corporation shall be canceled without further notice or action	7252
by the secretary of state. The secretary of state shall make a	7253
notation of the cancellation on the secretary of state's records.	7254
A corporation whose articles have been canceled may be reinstated	7255
by filing, on a form prescribed by the secretary of state, an	7256
application for reinstatement and the required appointment of	7257
agent or required statement, and by paying a the filing fee	7258
specified in division (Q) of ten dollars section 111.16 of the	7259
Revised Code. The rights, privileges, and franchises of a	7260
corporation whose articles have been reinstated are subject to	7261
section 1702.60 of the Revised Code. The secretary of state shall	7262
furnish the tax commissioner a monthly list of all corporations	7263
canceled and reinstated under this division.	7264

(N) This section does not apply to banks, trust companies,	7265
insurance companies, or any corporation defined under the laws of	7266
this state as a public utility for taxation purposes.	7267

Sec. 1702.43.  (A) Upon adoption by each constituent	7268
corporation of an agreement of merger or consolidation pursuant to	7269
section 1702.42 or 1702.45 of the Revised Code, a certificate of	7270
merger or consolidation, signed by any authorized representative	7271
of each constituent corporation, shall be filed with the secretary	7272
of state. The certificate shall be on a form prescribed by the	7273
secretary of state and shall set forth only the information	7274
required by this section.	7275

(1) The certificate of merger or consolidation shall set	7276
forth all of the following:	7277

(a) The name of each constituent entity and the state under	7278
whose laws each constituent entity exists;	7279

(b) A statement that each constituent entity has complied	7280
with all of the laws under which it exists and that the laws	7281
permit the merger or consolidation;	7282

(c) The name and mailing address of the person or entity	7283
that is to provide, in response to any written request made by a	7284
member or other person, a copy of the agreement of merger or	7285
consolidation;	7286

(d) The effective date of the merger or consolidation, which	7287
date may be on or after the date of the filing of the certificate;	7288

(e) The signature of each representative authorized to sign	7289
the certificate on behalf of each constituent entity and the	7290
office each representative authorized to sign holds or the	7291
capacity in which the representative is acting;	7292

(f) A statement that the agreement of merger or	7293
consolidation is authorized on behalf of each constituent entity	7294
and that each person who signed the certificate on behalf of each	7295
entity is authorized to do so;	7296

(g) In the case of a merger, a statement that one or more	7297
specified constituent entities will be merged into a specified	7298
surviving entity or, in the case of a consolidation, a statement	7299
that the constituent entities will be consolidated into a new	7300
entity;	7301

(h) In the case of a merger, if the surviving entity is a	7302
foreign entity not licensed to transact business in this state,	7303
the name and address of the statutory agent upon whom any process,	7304
notice, or demand may be served;	7305

(i) In the case of a consolidation, the name and address of	7306
the statutory agent upon whom any process, notice, or demand	7307
against any constituent entity or the new entity may be served.	7308

(2) In the case of a consolidation into a new domestic	7309
corporation, the certificate of consolidation shall be accompanied	7310
by a copy of the articles of incorporation of the new domestic	7311
corporation.	7312

(3) In the case of a merger into a domestic corporation, the	7313
certificate of merger shall be accompanied by a copy of any	7314
amendments to the articles of incorporation of the surviving	7315
domestic corporation.	7316

(4) If the surviving or new entity is a foreign entity that	7317
desires to transact business in this state as a foreign	7318
corporation, the certificate of merger or consolidation shall	7319
contain a statement to that effect and a statement with respect to	7320
the appointment of the statutory agent and with respect to the	7321
consent to service of any process, notice, or demand upon that	7322
statutory agent or the secretary of state, as required when a	7323
foreign corporation applies for a certificate authorizing it to	7324
transact business in this state.	7325

(5) If a domestic or foreign corporation licensed to	7326
transact business in this state is a constituent entity and the	7327
surviving or new entity resulting from the merger or consolidation	7328
is not a domestic or foreign corporation that is to be licensed to	7329
transact business in this state, the certificate of merger or	7330
consolidation shall be accompanied by the affidavits, receipts,	7331
certificates, or other evidence required by division (G) of	7332
section 1702.47 of the Revised Code, with respect to each domestic	7333
corporation, and by the affidavits, receipts, certificates, or	7334
other evidence required by division (C) or (D) of section 1703.17	7335
of the Revised Code, with respect to each foreign constituent	7336
corporation licensed to transact business in this state.	7337

(B) If any constituent entity in a merger or consolidation	7338
is organized or formed under the laws of a state other than this	7339
state or under any chapter of the Revised Code other than this	7340
chapter, there also shall be filed in the proper office all	7341
documents that are required to be filed in connection with the	7342
merger or consolidation by the laws of that state or by that	7343
chapter.	7344

(C) Upon the filing of a certificate of merger or	7345
consolidation and other filings as described in division (B) of	7346
this section, or at such later date as the certificate of merger	7347
or consolidation specifies, the merger or consolidation shall	7348
become effective.	7349

(D) The secretary of state shall furnish, upon request and	7350
payment of a the fee specified in division (D) of ten dollars	7351
section 111.16 of the Revised Code, a certificate setting forth	7352
the name of each constituent entity and the state under whose laws	7353
each constituent entity existed prior to the merger or	7354
consolidation, the name of the surviving or new entity and the	7355
state under whose laws the surviving entity exists or the new	7356
entity is to exist, the date of filing of the certificate of	7357
merger or consolidation with the secretary of state, and the	7358
effective date of the merger or consolidation. The certificate of	7359
the secretary of state or a copy of the merger or consolidation	7360
certified by the secretary of state may be filed for record in the	7361
office of the recorder of any county in this state and, if filed,	7362
shall be recorded in the records of deeds for that county. For	7363
that recording, the county recorder shall charge and collect the	7364
same fee as in the case of deeds.	7365

Sec. 1702.59.  (A) Every nonprofit corporation, incorporated	7366
under the general corporation laws of this state, or previous	7367
laws, or under special provisions of the Revised Code, or created	7368
before September 1, 1851, which corporation has expressedly or	7369
impliedly elected to be governed by the laws passed since that	7370
date, and whose articles or other documents are filed with the	7371
secretary of state, shall file with the secretary of state a	7372
verified statement of continued existence, signed by a director,	7373
officer, or three members in good standing, setting forth the	7374
corporate name, the place where the principal office of the	7375
corporation is located, the date of incorporation, the fact that	7376
the corporation is still actively engaged in exercising its	7377
corporate privileges, and the name and address of its agent	7378
appointed pursuant to section 1702.06 of the Revised Code.	7379

(B) Each corporation required to file a statement of	7380
continued existence shall file it with the secretary of state	7381
within each five years after the date of incorporation or of the	7382
last corporate filing. For filing such statements of continued	7383
existence, the secretary of state shall charge and collect a fee	7384
of five dollars.	7385

(C) Corporations specifically exempted by division (N) of	7386
section 1702.06 of the Revised Code, or whose activities are	7387
regulated or supervised by another state official, agency, bureau,	7388
department, or commission are exempted from this section.	7389

(D) The secretary of state shall give notice in writing and	7390
provide a form for compliance with this section to each	7391
corporation required by this section to file the statement of	7392
continued existence, such notice and form to be mailed to the last	7393
known address of the corporation as it appears on the records of	7394
the secretary of state or which the secretary of state may	7395
ascertain upon a reasonable search.	7396

(E) In the event If any nonprofit corporation required by	7397
this section to file a statement of continued existence fails to	7398
file the statement required every fifth year, then the secretary	7399
of state shall cancel the articles of such corporation, make a	7400
notation of the cancellation on the records, and mail to the	7401
corporation a certificate of the action so taken.	7402

(F) A corporation whose articles have been canceled may be	7403
reinstated by filing an application for reinstatement and paying	7404
to the secretary of state a the fee specified in division (Q) of	7405
ten dollars section 111.16 of the Revised Code. The name of a	7406
corporation whose articles have been canceled shall be reserved	7407
for a period of one year after the date of cancellation. If the	7408
reinstatement is not made within one year from the date of the	7409
cancellation of its articles of incorporation and it appears that	7410
a corporate name, limited liability company name, limited	7411
liability partnership name, limited partnership name, or trade	7412
name has been filed, the name of which is not distinguishable upon	7413
the record as provided in section 1702.06 of the Revised Code, the	7414
applicant for reinstatement shall be required by the secretary of	7415
state, as a condition prerequisite to such reinstatement, to amend	7416
its articles by changing its name. A certificate of reinstatement	7417
may be filed in the recorder's office of any county in the state,	7418
for which the recorder shall charge and collect a fee of one	7419
dollar. The rights, privileges, and franchises of a corporation	7420
whose articles have been reinstated are subject to section 1702.60	7421
of the Revised Code.	7422

(G) The secretary of state shall furnish the tax	7423
commissioner a list of all corporations failing to file the	7424
required statement of continued existence.	7425

Sec. 1703.04.  (A) To procure a license to transact business	7426
in this state, a foreign corporation for profit shall file with	7427
the secretary of state a certificate of good standing or	7428
subsistence, dated not earlier than ninety days prior to the	7429
filing of the application, under the seal of the secretary of	7430
state, or other proper official, of the state under the laws of	7431
which said corporation was incorporated, setting forth:	7432

(1) The exact corporate title;

7433

(2) The date of incorporation;

7434

(3) The fact that the corporation is in good standing or is	7435
a subsisting corporation.	7436

(B) To procure such a license, such corporation also shall	7437
file with the secretary of state an application in such form as	7438
the secretary of state prescribes, verified by the oath of any	7439
authorized officer of such corporation, setting forth, but not	7440
limited to:	7441

(1) The name of the corporation and, if its corporate name	7442
is not available, the trade name under which it will do business	7443
in this state;	7444

(2) The name of the state under the laws of which it was	7445
incorporated;	7446

(3) The location and complete address of its principal	7447
office;	7448

(4) The name of the county and the municipal corporation or	7449
township in which its principal office within this state, if any,	7450
is to be located;	7451

(5) The appointment of a designated agent and the complete	7452
address of such agent;	7453

(6) The irrevocable consent of such corporation to service	7454
of process on such agent so long as the authority of such agent	7455
continues and to service of process upon the secretary of state in	7456
the events provided for in section 1703.19 of the Revised Code;	7457

(7) A brief summary of the corporate purposes to be	7458
exercised within this state.	7459

(C) Upon the filing by a foreign corporation for profit of an	7460
application for a license to transact business in this state, the	7461
corporation shall pay a filing fee of one hundred dollars to the	7462
secretary of state.	7463

(D)(1) No such application for a license shall be accepted	7464
for filing if it appears that the name of the foreign corporation	7465
is prohibited by law or is not distinguishable upon the records in	7466
the office of the secretary of state from the name of any other	7467
corporation, whether nonprofit or for profit and whether that of a	7468
domestic corporation or of a foreign corporation authorized to	7469
transact business in this state, the name of a limited liability	7470
company registered in the office of the secretary of state	7471
pursuant to Chapter 1705. of the Revised Code, whether domestic or	7472
foreign, the name of any limited liability partnership registered	7473
in the office of the secretary of state pursuant to Chapter 1775.	7474
of the Revised Code, whether domestic or foreign, the name of any	7475
limited partnership registered in the office of the secretary of	7476
state pursuant to Chapter 1782. of the Revised Code, whether	7477
domestic or foreign, or a trade name to which the exclusive right	7478
at the time in question is registered in the manner provided in	7479
Chapter 1329. of the Revised Code, unless there also is filed with	7480
the secretary of state, on a form prescribed by the secretary of	7481
state, the consent of the other entity or person to the use of the	7482
name, evidenced in a writing signed by any authorized officer of	7483
the other entity or authorized representative of the other person	7484
owning the exclusive right to the registered trade name.	7485

(2) Notwithstanding division (D)(C)(1) of this section, if	7486
an application for a license is not acceptable for filing solely	7487
because the name of the foreign corporation is not distinguishable	7488
from the name of another entity or registered trade name, the	7489
foreign corporation may be authorized to transact business in this	7490
state by filing with the secretary of state, in addition to those	7491
items otherwise prescribed by this section, a statement signed by	7492
an authorized officer directing the foreign corporation to make	7493
application for a license to transact business in this state under	7494
an assumed business name or names that comply with the	7495
requirements of this division and stating that the foreign	7496
corporation will transact business in this state only under the	7497
assumed name or names. The application for a license shall be on	7498
a form prescribed by the secretary of state.	7499

Sec. 1703.041.  (A) Every foreign corporation for profit	7500
that is licensed to transact business in this state, and every	7501
foreign nonprofit corporation that is licensed to exercise its	7502
corporate privileges in this state, shall have and maintain an	7503
agent, sometimes referred to as the "designated agent," upon whom	7504
process against the corporation may be served within this state.	7505
The agent may be a natural person who is a resident of this state,	7506
or may be a domestic corporation for profit or a foreign	7507
corporation for profit holding a license under the laws of this	7508
state that is authorized by its articles of incorporation to act	7509
as an agent and that has a business address in this state.	7510

(B) The written appointment of a designated agent shall set	7511
forth the name and address of the agent, including the street and	7512
number or other particular description, and shall otherwise be in	7513
such form as the secretary of state prescribes. The secretary of	7514
state shall keep a record of the names of such foreign	7515
corporations and the names and addresses of their respective	7516
agents.	7517

(C) If the designated agent dies, removes from the state, or	7518
resigns, the foreign corporation shall forthwith appoint another	7519
agent and file in the office of the secretary of state an	7520
amendment to the corporation's application for a foreign license	7521
indicating the name and address, on a form prescribed by the	7522
secretary of state, a written appointment of the new agent.	7523

(D) If the designated agent changes the agent's address from	7524
that appearing upon the record in the office of the secretary of	7525
state, the foreign corporation or the designated agent in its	7526
behalf shall forthwith file with the secretary of state an	7527
amendment to the corporation's application for a foreign license	7528
setting forth the new address unless the change is reported on the	7529
annual report filed with the department of taxation, on a form	7530
prescribed by the secretary of state, a written statement setting	7531
forth the agent's new address.	7532

(E) A designated agent may resign by filing with the	7533
secretary of state, on a form prescribed by the secretary of	7534
state, a signed statement to that effect. The secretary of state	7535
shall forthwith mail a copy of such the statement to the foreign	7536
corporation at its principal office as shown by the record in the	7537
secretary of state's office. Upon the expiration of sixty days	7538
after the filing, the authority of the agent shall terminate.	7539

(F) A foreign corporation may revoke the appointment of a	7540
designated agent by filing with the secretary of state an	7541
amendment to its application for a foreign license appointing	7542
another agent that includes, on a form prescribed by the secretary	7543
of state, a written appointment of another agent and a statement	7544
that the appointment of the former agent is revoked.	7545

(G) Process may be served upon a foreign corporation by	7546
delivering a copy of it to its designated agent, if a natural	7547
person, or by delivering a copy of it at the address of its agent	7548
in this state, as the address appears upon the record in the	7549
office of the secretary of state.	7550

(H) This section does not limit or affect the right to serve	7551
process upon a foreign corporation in any other manner permitted	7552
by law.	7553

(I) Every foreign corporation for profit shall state in each	7554
annual report filed by it with the department of taxation the name	7555
and address of its designated agent in this state.	7556

Sec. 1703.15.  No foreign corporation shall transact in this	7557
state any business that could not be lawfully transacted by a	7558
domestic corporation. Whenever the secretary of state finds that	7559
a foreign corporation licensed to transact business in this state	7560
is transacting in this state a business that a domestic	7561
corporation could not lawfully transact, is transacting business	7562
in this state in a corporate name that is not readily	7563
distinguishable from the name of every other corporation, limited	7564
liability company, limited liability partnership, or limited	7565
partnership, domestic or foreign, or every trade name, registered	7566
in the office of the secretary of state, theretofore authorized to	7567
transact business in this state, without the consent of the other	7568
corporation, limited liability company, limited liability	7569
partnership, limited partnership, or trade name registrant,	7570
evidenced in writing filed with the secretary of state pursuant to	7571
section 1703.04 of the Revised Code, or has failed, after the	7572
death or resignation of its designated agent or the designated	7573
agent's removal from this state, to designate another agent as	7574
required by section 1703.041 of the Revised Code, the secretary of	7575
state shall give notice thereof by certified mail to the	7576
corporation. Unless that failure is cured within thirty days	7577
after the mailing by the secretary of state of the notice or	7578
within such further period as the secretary of state grants, the	7579
secretary of state, upon the expiration of such period, shall	7580
cancel the license of the foreign corporation to transact business	7581
in this state, give notice of the cancellation to the corporation	7582
by mail, and make a notation of the cancellation on the secretary	7583
of state's records.	7584

A foreign corporation whose license has been canceled may be	7585
reinstated upon its filing with the secretary of state, on a form	7586
prescribed by the secretary of state, an application for	7587
reinstatement accompanied by a the fee specified in division (Q)	7588
of ten dollars section 111.16 of the Revised Code. If the	7589
application for reinstatement is submitted in a tax year or	7590
calendar year other than that in which the cancellation occurred,	7591
the application also shall be accompanied by a certificate of	7592
reinstatement issued by the department of taxation. The name of a	7593
corporation whose license has been canceled pursuant to this	7594
section shall be reserved for a period of one year after the date	7595
of cancellation. If the reinstatement is not made within one year	7596
after the date of cancellation of the foreign license and it	7597
appears that a corporate name, limited liability company name,	7598
limited liability partnership name, limited partnership name, or	7599
trade name has been filed, the name of which is not	7600
distinguishable upon the record as provided in division (D) of	7601
section 1703.04 of the Revised Code, the secretary of state shall	7602
require the applicant for the reinstatement, as a condition	7603
prerequisite to such reinstatement, to apply for authorization to	7604
transact business in this state under an assumed name.	7605

Sec. 1703.17.  (A) A foreign corporation may surrender its	7606
license to transact business in this state in the manner provided	7607
in this section.	7608

(B) A certificate of surrender signed by any authorized	7609
officer, or by the receiver, trustee in bankruptcy, or other	7610
liquidator of such corporation, shall be filed with the secretary	7611
of state, on a form prescribed by the secretary of state, setting	7612
forth:	7613

(1) The name of the corporation and of the state under the	7614
laws of which it is incorporated;	7615

(2) That it surrenders its license;

7616

(3) The address to which the secretary of state may mail any	7617
process against such corporation that may be served upon the	7618
secretary of state, and may mail any other notices, certificates,	7619
or statements.	7620

(C) A certificate of surrender, filed with the secretary of	7621
state, on a form prescribed by the secretary of state, shall be	7622
accompanied by:	7623

(1) A receipt, certificate, or other evidence showing the	7624
payment of all franchise, sales, use, and highway use taxes	7625
accruing up to the date of such filing, or that such payment has	7626
been adequately guaranteed;	7627

(2) A receipt, certificate, or other evidence showing the	7628
payment of all personal property taxes accruing up to the date of	7629
such filing;	7630

(3) A receipt, certificate, or other evidence from the	7631
director of job and family services showing that all contributions	7632
due from the corporation as an employer have been paid, or that	7633
such payment has been adequately guaranteed, or that the	7634
corporation is not subject to such contributions;	7635

(4) An affidavit of the officer, or other person permitted	7636
by law, executing the certificate of surrender, containing a	7637
statement of the counties, if any, in this state in which the	7638
corporation has personal property or a statement that the	7639
corporation is of a type required to pay personal property taxes	7640
to state authorities only.	7641

(D) In lieu of the receipt, certificate, or other evidence	7642
described in divisions (C)(1), (2), and (3) of this section, a	7643
certificate of surrender may be accompanied by an affidavit of the	7644
person executing the certificate of surrender, or of an officer of	7645
the corporation, that contains a statement of the date upon which	7646
the particular department, agency, or authority was advised in	7647
writing of the scheduled date of filing the certificate of	7648
surrender and was advised in writing of the acknowledgement by the	7649
corporation that the surrender of its license does not relieve it	7650
of liability, if any, for payment of the taxes and contributions	7651
described in divisions (C)(1), (2), and (3) of this section.	7652

(E) In lieu of filing such certificate of surrender there	7653
may be filed a certificate of the secretary of state, or other	7654
proper official, of the state under the laws of which the	7655
corporation is incorporated, certifying that said corporation has	7656
been dissolved or its corporate existence otherwise terminated, or	7657
a certified copy of an order of court terminating the existence of	7658
such corporation; but such certificate or certified copy shall be	7659
accompanied by the information required by division (B)(3) of this	7660
section.	7661

(F) For After the payment of the fee specified in division	7662
(N)(2) of section 111.16 of the Revised Code and the filing of any	7663
such certificate or certified copy under this section, there shall	7664
be paid to the secretary of state a filing fee of twenty-five	7665
dollars. The the secretary of state shall thereupon cancel the	7666
license of such corporation, make a notation of such cancellation	7667
upon the secretary of state's records, and mail to the corporation	7668
a certificate of the action so taken.	7669

(G) The mere retirement from business of a foreign	7670
corporation without filing a certificate of surrender shall not	7671
exempt such corporation from the requirements of filing the	7672
reports and paying the fees required by sections 1703.01 to	7673
1703.31 of the Revised Code, or from making reports and paying	7674
excise or franchise fees or taxes.	7675

Sec. 1703.27.  No foreign nonprofit corporation shall	7676
exercise its corporate privileges in this state in a continual	7677
course of transactions until it has first procured from the	7678
secretary of state a certificate authorizing it to do so.	7679

Before issuing such certificate, the secretary of state shall	7680
require such foreign corporation to file in the secretary of	7681
state's office a certificate of good standing or subsistence,	7682
setting forth the exact corporate title, the date of	7683
incorporation, and the fact that the corporation is in good	7684
standing or is a subsisting corporation, certified by the	7685
secretary of state, or other proper official, of the state under	7686
the laws of which the corporation was incorporated, and a	7687
statement, on a form prescribed by the secretary of state,	7688
verified by the oath of one of its officers, setting forth, but	7689
not limited to, the following:	7690

(A) The name of the corporation;

7691

(B) The state under the laws of which it is incorporated;

7692

(C) The location of its principal office;

7693

(D) The corporate privileges it proposes to exercise in this	7694
state;	7695

(E) The location of its principal office in this state;

7696

(F) The appointment of a designated agent and the complete	7697
address of such agent;	7698

(G) Its irrevocable consent to service of process on such	7699
agent so long as the authority of the agent continues and to	7700
service of process upon the secretary of state in the events	7701
provided for in section 1703.19 of the Revised Code.	7702

For the filing of such that statement, the secretary of state	7703
shall charge and collect a the fee specified in division (I)(1) of	7704
thirty-five dollars section 111.16 of the Revised Code.	7705

A foreign nonprofit corporation shall file an amendment with	7706
the secretary of state if there is a modification of any of the	7707
information required to be included in its statement, except for	7708
changes in information required by division (F) of this section,	7709
which shall be corrected in the same manner as described in	7710
section 1702.06 of the Revised Code. For the filing of such	7711
amendment those amendments and corrections, the secretary of state	7712
shall charge and collect a the fee specified in division (B) or	7713
(R) of fifty dollars section 111.16 of the Revised Code.	7714

Sections 1703.01 to 1703.31 of the Revised Code, governing	7715
foreign corporations for profit in respect to exemption from	7716
attachment, change of location of principal office, change of its	7717
designated agent or of the designated agent's address, service on	7718
the secretary of state, license certificate as prima-facie	7719
evidence, proof of due incorporation, filing of amendments	7720
evidencing changes of corporate name, merger, or consolidation,	7721
filing of certificate of surrender, service on retired	7722
corporation, and penalties or forfeitures for transacting business	7723
without license, for false reports, and for failure to comply with	7724
other applicable provisions of such sections, shall also apply to	7725
foreign nonprofit corporations.	7726

The secretary of state may require further reports,	7727
certificates, or information from a foreign nonprofit corporation,	7728
including verification of the continued existence of the	7729
corporation. Upon the failure of any corporation to provide the	7730
information, the secretary of state shall give notice of the	7731
failure by certified mail and, if the report is not filed within	7732
thirty days after the mailing of the notice, the license of the	7733
corporation to exercise its corporate privileges in this state	7734
shall expire and the secretary of state shall make a notation to	7735
that effect on the secretary of state's records.	7736

Sec. 1703.31.  (A) Any foreign corporation may register its	7737
corporate name, if its corporate name is available for use under	7738
division (D) of section 1703.04 of the Revised Code, by filing in	7739
the office of the secretary of state an application, on a form	7740
prescribed by the secretary of state, that contains the following	7741
information:	7742

(1) The exact corporate name to be registered;

7743

(2) The complete address of the principal office of the	7744
corporation;	7745

(3) The jurisdiction of its incorporation;

7746

(4) The date of its incorporation;

7747

(5) A statement that it is carrying on or doing business;

7748

(6) The general nature of the business in which it is	7749
engaged;	7750

(7) Any other information required by the secretary of	7751
state.	7752

The application shall be signed and verified by an officer of	7753
the applicant.	7754

The application shall be accompanied by a certificate stating	7755
that the corporation is in good standing under the laws of the	7756
jurisdiction of its incorporation, which certificate shall be	7757
executed by the official of the jurisdiction having custody of the	7758
records pertaining to corporations and dated not earlier than	7759
sixty days prior to the filing of the application.	7760

A The filing fee specified in division (S)(1) of twenty-five	7761
dollars, payable to the secretary of state, section 111.16 of the	7762
Revised Code shall accompany the application.	7763

(B) Registration of a corporate name under this section is	7764
effective for a term of one year from the date of registration.	7765
Upon application, on a form prescribed by the secretary of state,	7766
filed with the secretary of state prior to the expiration of each	7767
one-year term, the registration may be renewed for an additional	7768
term. The renewal application shall set forth the facts required	7769
to be set forth in the original application for registration,	7770
together with a certificate of good standing as required for the	7771
initial registration.	7772

The secretary of state shall notify registrants within the	7773
three months before the expiration of one year from the date of	7774
registration of the necessity of renewal by writing to the	7775
principal office address of the registrants as shown upon the	7776
current registration in effect.	7777

A The renewal fee specified in division (S)(3) of twenty-five	7778
dollars section 111.16 of the Revised Code, payable to the	7779
secretary of state, shall accompany the application for renewal of	7780
the registration.	7781

Sec. 1705.05.  (A) The name of a limited liability company	7782
shall include the words, "limited liability company," without	7783
abbreviation or shall include one of the following abbreviations:	7784
"LLC," "L.L.C.," "limited," "ltd.," or "ltd".	7785

(B)(1) Except as provided in this section and in sections	7786
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised	7787
Code, the secretary of state shall not accept for filing in the	7788
secretary of state's office the articles of organization of a	7789
limited liability company if the company name set forth in the	7790
articles is not distinguishable on the records of the secretary of	7791
state from the name of any of the following:	7792

(a) Any other limited liability company, whether the name is	7793
of a domestic limited liability company or of a foreign limited	7794
liability company registered as a foreign limited liability	7795
company under this chapter;	7796

(b) Any corporation, whether the name is of a domestic	7797
corporation or of a foreign corporation holding a license as a	7798
foreign corporation under the laws of this state pursuant to	7799
Chapter 1701., 1702., or 1703. of the Revised Code;	7800

(c) Any limited liability partnership, whether the name is	7801
of a domestic limited liability partnership or a foreign limited	7802
liability partnership registered pursuant to Chapter 1775. of the	7803
Revised Code;	7804

(d) Any limited partnership, whether the name is of a	7805
domestic limited partnership or a foreign limited partnership	7806
registered pursuant to Chapter 1782. of the Revised Code;	7807

(e) Any trade name to which the exclusive right, at the time	7808
in question, is registered in the office of the secretary of state	7809
pursuant to Chapter 1329. of the Revised Code.	7810

(2) The secretary of state may accept for filing in the	7811
secretary of state's office the articles of organization of a	7812
limited liability company whose name set forth in the articles is	7813
not distinguishable on the records of the secretary of state from	7814
any trade name or the name of another limited liability company,	7815
corporation, limited liability partnership, or limited partnership	7816
if there also is filed in the secretary of state's office the	7817
consent of the other entity or, in the case of a registered trade	7818
name, the person in whose name is registered the exclusive right	7819
to the use of the particular name.	7820

(C) A consent given by an entity or person in whose name is	7821
registered the exclusive right to use a trade name, to the use of	7822
a name by a limited liability company, shall be in the form of an	7823
instrument, prescribed by the secretary of state, that is signed	7824
by an authorized officer or other authorized representative of the	7825
consenting entity or person in whose name the trade name is	7826
registered.	7827

(D) If a judicial sale or a judicial transfer by sale,	7828
transfer of good will, or otherwise involves the right to use the	7829
name of a domestic limited liability company or of a foreign	7830
limited liability company registered as a foreign limited	7831
liability company under this chapter, then, at the request of the	7832
purchaser or transferee of that right, the secretary of state	7833
shall accept for filing articles of organization of a limited	7834
liability company with a name that is the same as or similar to	7835
the name of the other limited liability company if there also is	7836
filed in the secretary of state's office a certified copy of the	7837
court order or decree that confirms or otherwise evidences the	7838
purchase or transfer.	7839

(E) Any person that wishes to reserve a name for a proposed	7840
new limited liability company or any limited liability company	7841
that intends to change its name may submit to the secretary of	7842
state, on a form prescribed by the secretary of state, a written	7843
application for the exclusive right to use a specified name as the	7844
name of the company. If the secretary of state finds, consistent	7845
with this section, that the specified name is available for use,	7846
the secretary of state shall file the application. From the date	7847
of the filing, the applicant has the exclusive right for sixty one	7848
hundred eighty days to use the specified name as the name of the	7849
limited liability company, counting the date of the filing as the	7850
first of the sixty one hundred eighty days. The right so obtained	7851
may be transferred by the applicant or other holder of the right	7852
by filing in the office of the secretary of state a written	7853
transfer, on a form prescribed by the secretary of state, that	7854
states the name and address of the transferee.	7855

(F) The secretary of state shall charge and collect a fee of	7856
five dollars for filing under this section any application or	7857
document other than articles of organization or a consent to the	7858
use of a name.	7859

Sec. 1705.06.  (A) Each limited liability company shall	7860
maintain continuously in this state an agent for service of	7861
process on the company. The agent shall be an individual who is a	7862
resident of this state, a domestic corporation, or a foreign	7863
corporation holding a license as a foreign corporation under the	7864
laws of this state.	7865

(B)(1) The secretary of state shall not accept original	7866
articles of organization of a limited liability company for filing	7867
unless the articles are accompanied by both of the following:	7868

(a) A written appointment of an agent as described in	7869
division (A) of this section that is signed by an authorized	7870
member, manager, or other representative of the limited liability	7871
company;	7872

(b) A written acceptance of the appointment that is signed	7873
by the designated agent on a form prescribed by the secretary of	7874
state.	7875

(2) In cases not covered by division (B)(1) of this section,	7876
the limited liability company shall appoint the agent described in	7877
division (A) of this section and shall file with the secretary of	7878
state, on a form prescribed by the secretary of state, a written	7879
appointment of that agent that is signed as described in division	7880
(K) of this section and a written acceptance of the appointment	7881
that is signed by the designated agent.	7882

(3) For purposes of divisions (B)(1) and (2) of this	7883
section, the filed written acceptance of an agent's appointment	7884
shall be a signed original document or a photocopy, facsimile, or	7885
similar reproduction of a signed original document.	7886

(C) The written appointment of an agent described in	7887
division (A) of this section shall set forth the name of the agent	7888
and the agent's address in this state, including the street and	7889
number or other particular description of that address. It	7890
otherwise shall be in the form that the secretary of state	7891
prescribes. The secretary of state shall keep a record of the	7892
names of limited liability companies and the names and addresses	7893
of their agents.	7894

(D) If any agent described in division (A) of this section	7895
dies, resigns, or moves outside of this state, the limited	7896
liability company shall appoint forthwith another agent and file	7897
with the secretary of state, on a form prescribed by the secretary	7898
of state, a written appointment of the agent and acceptance of	7899
appointment as described in division (B)(2) of this section.	7900

(E) If the agent described in division (A) of this section	7901
changes the agent's address from the address stated in the records	7902
of the secretary of state, the agent or the limited liability	7903
company shall file forthwith with the secretary of state, on a	7904
form prescribed by the secretary of state, a written statement	7905
setting forth the new address.	7906

(F) An agent described in division (A) of this section may	7907
resign by filing with the secretary of state, on a form prescribed	7908
by the secretary of state, a written notice of resignation that is	7909
signed by the agent and by mailing a copy of that notice to the	7910
limited liability company at the current or last known address of	7911
its principal office. The notice shall be mailed to the company	7912
on or prior to the date that the notice is filed with the	7913
secretary of state and shall set forth the name of the company,	7914
the name and current address of the agent, the current or last	7915
known address, including the street and number or other particular	7916
description, of the company's principal office, a statement of the	7917
resignation of the agent, and a statement that a copy of the	7918
notice has been sent to the company within the time and in the	7919
manner specified in this division. The authority of the resigning	7920
agent terminates thirty days after the filing of the notice with	7921
the secretary of state.	7922

(G) A limited liability company may revoke the appointment	7923
of its agent described in division (A) of this section by filing	7924
with the secretary of state, on a form prescribed by the secretary	7925
of state, a written appointment of another agent and an acceptance	7926
of appointment in the manner described in division (B)(2) of this	7927
section and a statement indicating that the appointment of the	7928
former agent is revoked.	7929

(H)(1) Any legal process, notice, or demand required or	7930
permitted by law to be served upon a limited liability company may	7931
be served upon the company as follows:	7932

(a) If the agent described in division (A) of this section	7933
is an individual, by delivering a copy of the process, notice, or	7934
demand to the agent;	7935

(b) If the agent is a corporation, by delivering a copy of	7936
the process, notice, or demand to the address of the agent in this	7937
state as contained in the records of the secretary of state.	7938

(2) If the agent described in division (A) of this section	7939
cannot be found or no longer has the address that is stated in the	7940
records of the secretary of state or the limited liability company	7941
has failed to maintain an agent as required by this section and if	7942
the party or the agent or representative of the party that desires	7943
service of the process, notice, or demand files with the secretary	7944
of state an affidavit that states that one of those circumstances	7945
exists and states the most recent address of the company that the	7946
party who desires service has been able to ascertain after a	7947
diligent search, then the service of the process, notice, or	7948
demand upon the secretary of state as the agent of the company may	7949
be initiated by delivering to the secretary of state four copies	7950
of the process, notice, or demand accompanied by a fee of five	7951
dollars. The secretary of state shall give forthwith notice of	7952
that delivery to the company at either its principal office as	7953
shown upon the secretary of state's records or at any different	7954
address specified in the affidavit of the party desiring service	7955
and shall forward to the company at either address by certified	7956
mail, return receipt requested, a copy of the process, notice, or	7957
demand. Service upon the company is made when the secretary of	7958
state gives the notice and forwards the process, notice, or demand	7959
as set forth in division (H)(2) of this section.	7960

(I) The secretary of state shall keep a record of each	7961
process, notice, and demand that pertains to a limited liability	7962
company and that is delivered to the secretary of state's office	7963
under this section or another law of this state that authorizes	7964
service upon the secretary of state in connection with a limited	7965
liability company. In that record, the secretary of state shall	7966
record the time of each delivery of that type and the secretary of	7967
state's subsequent action with respect to the process, notice, or	7968
demand.	7969

(J) This section does not limit or affect the right to serve	7970
any process, notice, or demand upon a limited liability company in	7971
any other manner permitted by law.	7972

(K) The written appointment of an agent or a written	7973
statement filed by the company with the secretary of state shall	7974
be signed by an authorized member, manager, or other	7975
representative of the company.	7976

(L) For filing a written appointment of an agent described	7977
in division (A) of this section that is not filed with the	7978
original articles of organization of a limited liability company	7979
and for filing a statement of change of address of an agent, the	7980
secretary of state shall charge and collect a fee of three	7981
dollars.	7982

Sec. 1705.38.  (A) Upon the adoption by each constituent	7983
entity of an agreement of merger or consolidation pursuant to	7984
section 1705.36 or 1705.37 of the Revised Code, a certificate of	7985
merger or consolidation shall be filed with the secretary of state	7986
that is signed by a manager of each constituent limited liability	7987
company in which the management is not reserved to its members, by	7988
at least one member of each other constituent limited liability	7989
company, by at least one general partner of each constituent	7990
partnership, and by an authorized representative of each other	7991
constituent entity. The certificate shall be on a form prescribed	7992
by the secretary of state and shall set forth only the information	7993
required by this section.	7994

(B)(1) The certificate of merger or consolidation shall set	7995
forth all of the following:	7996

(a) The name and the form of entity of each constituent	7997
entity and the state under the laws of which each constituent	7998
entity exists;	7999

(b) A statement that each constituent entity has complied	8000
with all of the laws under which it exists and that the laws	8001
permit the merger or consolidation;	8002

(c) The name and mailing address of the person or entity	8003
that is to provide, in response to any written request made by a	8004
shareholder, partner, or other equity holder of a constituent	8005
entity, a copy of the agreement of merger or consolidation;	8006

(d) The effective date of the merger or consolidation, which	8007
date may be on or after the date of the filing of the certificate;	8008

(e) The signature of the representative or representatives	8009
authorized to sign the certificate on behalf of each constituent	8010
entity and the office held or the capacity in which the	8011
representative is acting;	8012

(f) A statement that the agreement of merger or	8013
consolidation is authorized on behalf of each constituent entity	8014
and that the persons who signed the certificate on behalf of each	8015
entity are authorized to do so;	8016

(g) In the case of a merger, a statement that one or more	8017
specified constituent entities will be merged into a specified	8018
surviving entity or, in the case of a consolidation, a statement	8019
that the constituent entities will be consolidated into a new	8020
entity;	8021

(h) In the case of a merger, if the surviving entity is a	8022
foreign entity not licensed to transact business in this state,	8023
the name and address of the statutory agent upon whom any process,	8024
notice, or demand may be served;	8025

(i) In the case of a consolidation, the name and address of	8026
the statutory agent upon whom any process, notice, or demand	8027
against any constituent entity or the new entity may be served.	8028

(2) In the case of a consolidation into a new domestic	8029
corporation, limited liability company, or limited partnership,	8030
the articles of incorporation, the articles of organization, or	8031
the certificate of limited partnership of the new domestic entity	8032
shall be filed with the certificate of merger or consolidation.	8033

(3) In the case of a merger into a domestic corporation,	8034
limited liability company, or limited partnership, any amendments	8035
to the articles of incorporation, articles of organization, or	8036
certificate of limited partnership of the surviving domestic	8037
entity shall be filed with the certificate of merger or	8038
consolidation.	8039

(4) If the surviving or new entity is a foreign entity that	8040
desires to transact business in this state as a foreign	8041
corporation, limited liability company, or limited partnership,	8042
the certificate of merger or consolidation shall be accompanied by	8043
the information required by division (B)(8), (9), or (10) of	8044
section 1705.37 of the Revised Code.	8045

(5) If a foreign or domestic corporation licensed to	8046
transact business in this state is a constituent entity and the	8047
surviving or new entity resulting from the merger or consolidation	8048
is not a foreign or domestic corporation that is to be licensed to	8049
transact business in this state, the certificate of merger or	8050
consolidation shall be accompanied by the affidavits, receipts,	8051
certificates, or other evidence required by division (H) of	8052
section 1701.86 of the Revised Code, with respect to each domestic	8053
constituent corporation, and by the affidavits, receipts,	8054
certificates, or other evidence required by division (C) or (D) of	8055
section 1703.17 of the Revised Code, with respect to each foreign	8056
constituent corporation licensed to transact business in this	8057
state.	8058

(C) If any constituent entity in a merger or consolidation	8059
is organized or formed under the laws of a state other than this	8060
state or under any chapter of the Revised Code other than this	8061
chapter, there also shall be filed in the proper office all	8062
documents that are required to be filed in connection with the	8063
merger or consolidation by the laws of that state or by that	8064
chapter.	8065

(D) Upon the filing of a certificate of merger or	8066
consolidation and other filings as described in division (C) of	8067
this section or at any later date that the certificate of merger	8068
or consolidation specifies, the merger or consolidation is	8069
effective.	8070

(E)(1) Upon request and payment of a the fee specified in	8071
division (D) of ten dollars section 111.16 of the Revised Code,	8072
the secretary of state shall furnish the secretary of state's	8073
certificate setting forth all of the following:	8074

(a) The name and form of entity of each constituent entity	8075
and the states under the laws of which each constituent entity	8076
existed prior to a merger or consolidation;	8077

(b) The name and the form of entity of the surviving or new	8078
entity and the state under the laws of which the surviving entity	8079
exists or the new entity is to exist;	8080

(c) The date of the filing of the certificate of merger or	8081
consolidation in the secretary of state's office;	8082

(d) The effective date of the merger or consolidation.

8083

(2) The certificate of the secretary of state or a copy of a	8084
certificate of merger or consolidation that has been certified by	8085
the secretary of state may be filed for record in the office of	8086
the recorder of any county in this state and, if filed, shall be	8087
recorded in the record of deeds for that county. For that	8088
recording, the county recorder shall charge and collect the same	8089
fees as for recording a deed.	8090

Sec. 1705.55.  (A) If any statement in an application for	8091
registration as a foreign limited liability company is materially	8092
false when made or if any facts described in the application have	8093
changed making it inaccurate in any material respect, the foreign	8094
limited liability company shall file promptly with the secretary	8095
of state a certificate correcting the application that shall be on	8096
a form that is prescribed by the secretary of state and be signed	8097
by an authorized representative of the company. If	8098

(B) If the application for registration or a subsequent	8099
certificate of correction becomes inaccurate because the	8100
designated agent resigns or changes the agent's address from that	8101
appearing in the registration application or any subsequent	8102
certificate of correction of the registration application, the	8103
foreign limited liability company, or the designated agent on its	8104
behalf, shall file a notice of that resignation or change promptly	8105
with the secretary of state a new certificate of correction	8106
setting forth the new address.	8107

(C) A foreign limited liability company may revoke the	8108
appointment of its designated agent described in division (A) of	8109
section 1705.54 of the Revised Code by filing with the secretary	8110
of state, on a form prescribed by the secretary of state, a	8111
written appointment of another agent and an acceptance of	8112
appointment in the manner described in division (B)(2) of section	8113
1705.06 of the Revised Code and a statement indicating that the	8114
appointment of the former agent is revoked.	8115

(D) The fee specified in division (R) of section 111.16 of	8116
the Revised Code shall accompany a filing under division (B) or	8117
(C) of this section.	8118

Sec. 1746.04.  (A) Except as set forth in section 1746.03 of	8119
the Revised Code, before transacting business in this state, a	8120
business trust shall file a report in the office of the secretary	8121
of state, on forms prescribed by the secretary of state, a report	8122
containing the following information:	8123

(1) A list of the names and addresses of its trustees;

8124

(2) The address of its principal office;

8125

(3) In the case of a foreign business trust, the address of	8126
its principal office within this state, if any;	8127

(4) The business names of the business trust, including any	8128
fictitious or assumed names;	8129

(5) The name and address within this state of a designated	8130
agent upon whom process against the business trust may be served;	8131

(6) The irrevocable consent of the business trust to service	8132
of process upon its designated agent and to service of process	8133
upon the secretary of state if, without the registration of	8134
another agent with the secretary of state, its designated agent	8135
has died, resigned, lost authority, dissolved, become	8136
disqualified, or has removed from this state, or if its designated	8137
agent cannot, with due diligence, be found.	8138

Such report shall have attached as an exhibit an executed	8139
copy of the trust instrument or a true and correct copy of it,	8140
certified to be such by a trustee before an official authorized to	8141
administer oaths or by a public official in another state in whose	8142
office an executed copy is on file.	8143

(B) Not more than ninety days after the occurrence of any	8144
event causing any filing, including exhibits, made pursuant to	8145
division (A) of this section, or any previous filing made pursuant	8146
to this division, to be inaccurate or incomplete, there shall be	8147
filed in the office of the secretary of state all information	8148
necessary to maintain the accuracy and completeness of such	8149
filing.	8150

(C) The secretary of state shall charge and collect a fee	8151
the fees specified in division (T) of seventy-five dollars section	8152
111.16 of the Revised Code for each filing made under division (A)	8153
of this section and fifteen dollars for each filing under division	8154
or (B) of this section, except for filings under division (B) of	8155
this section pertaining solely to division (A)(5) of this section,	8156
for which the secretary of state shall charge and collect the fee	8157
specified in division (R) of section 111.16 of the Revised Code.	8158

(D) The trust instrument and other information filed in the	8159
office of the secretary of state are matters of public record, and	8160
persons dealing with a business trust are charged with	8161
constructive notice of the contents of any such instrument or	8162
information by reason of such filing.	8163

(E) A copy of a trust instrument or other information filed	8164
in the office of the secretary of state shall be accepted as	8165
prima-facie evidence of the existence of the instrument or other	8166
information and of its contents, and conclusive evidence of the	8167
existence of such record.	8168

Sec. 1746.06.  (A) No business trust that has made a filing	8169
pursuant to section 1746.04 of the Revised Code may use the words	8170
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership,"	8171
"Ltd.," or derivatives thereof in its name.	8172

(B) No business trust formed after the effective date of	8173
this chapter that has made a filing pursuant to section 1746.04 of	8174
the Revised Code shall assume the name of any corporation	8175
established under the laws of this state, or of a corporation,	8176
firm, or association, or trust whether or not as defined in	8177
section 1746.01 of the Revised Code, or of an individual, carrying	8178
on business in this state at the time when the business trust is	8179
created, or assume a name so similar thereto as to be likely to be	8180
mistaken for it, except with the written consent of such existing	8181
corporation, firm, association, or trust, or of such individual,	8182
previously or concurrently filed with the secretary of state.	8183

(C) The secretary of state shall refuse to receive for	8184
filing the trust instrument of a business trust if it appears to	8185
him the secretary of state to have violated any provision of this	8186
section. The courts of common pleas of this state shall have	8187
jurisdiction, upon the application of any person interested or	8188
affected, to enjoin a business trust from transacting business	8189
under any name in violation of any provision of this section,	8190
notwithstanding that the trust instrument of such business trust	8191
has been received for filing under section 1746.04 of the Revised	8192
Code.	8193

(D) Any person who wishes to reserve a name for a proposed	8194
new business trust, or any business trust intending to change its	8195
name, may submit to the secretary of state a written application	8196
for the exclusive right to use a specified name as the name of a	8197
business trust. If the secretary of state finds that, under this	8198
section, the specified name is available for such use, he the	8199
secretary of state shall indorse his the secretary of state's	8200
approval upon and file such application and, from the date of such	8201
indorsement, such applicant shall have the exclusive right for	8202
sixty one hundred eighty days to use the specified name as the	8203
name of a business trust, counting the date of such indorsement as	8204
the first of the sixty one hundred eighty days. The right so	8205
obtained may be transferred by the applicant or other holder	8206
thereof by the filing in the office of the secretary of state of a	8207
written transfer stating the name and address of the transferee.	8208
For filing any application for the exclusive right to use a	8209
specified name under this division, the secretary of state shall	8210
charge and collect a the fee specified in division (S)(1) of five	8211
dollars section 111.16 of the Revised Code. For each filing of a	8212
transfer of the right to an exclusive name under this division,	8213
the secretary of state shall charge and collect the fee specified	8214
in division (S)(4) of section 111.16 of the Revised Code.	8215

(E) Any business trust that has not made the filings	8216
described under section 1746.04 of the Revised Code may submit to	8217
the secretary of state a written application for the exclusive	8218
right to use a specified name as the name of such business trust.	8219
If the secretary of state finds that, under this section, the	8220
specified name is available for such use, he the secretary of	8221
state shall indorse his the secretary of state's approval upon and	8222
file such application and, from the date of such indorsement, such	8223
applicant has the exclusive right to use the specified name for	8224
the period that it transacts business. The right so obtained may	8225
be transferred by the applicant or other holder thereof by the	8226
filing in the office of the secretary of state of a written	8227
transfer stating the name and address of the transferee. For	8228
filing any an application for the exclusive right to use a	8229
specified name under this division, the secretary of state shall	8230
charge and collect a the fee specified in division (S)(1) of five	8231
dollars section 111.16 of the Revised Code.	8232

Sec. 1746.15.  Any business trust that has made the filings	8233
described in section 1746.04 of the Revised Code may withdraw from	8234
this state at any time by filing in the office of the secretary of	8235
state a verified copy of a resolution duly adopted by its trustees	8236
declaring its intention to withdraw and surrender its authority,	8237
accompanied by a the fee of fifteen dollars specified in division	8238
(T) of section 111.16 of the Revised Code.	8239

Sec. 1747.03.  (A) Before transacting real estate business	8240
in this state, a real estate investment trust shall file the	8241
following report in the office of the secretary of state, on forms	8242
prescribed by the secretary of state:	8243

(1) An executed copy of the trust instrument or a true and	8244
correct copy of it, certified to be such by a trustee before an	8245
official authorized to administer oaths or by a public official in	8246
another state in whose office an executed copy is on file;	8247

(2) A list of the names and addresses of its trustees;

8248

(3) The address of its principal office;

8249

(4) In the case of a foreign real estate investment trust,	8250
the address of its principal office within this state, if any;	8251

(5) The business name of the trust;

8252

(6) The name and address within this state of a designated	8253
agent upon whom process against the trust may be served;	8254

(7) The irrevocable consent of the trust to service of	8255
process on its designated agent and to service of process upon the	8256
secretary of state if, without the registration of another agent	8257
with the secretary of state, its designated agent has died,	8258
resigned, lost authority, dissolved, become disqualified, or has	8259
removed from this state, or if its designated agent cannot, with	8260
due diligence, be found;	8261

(8) Not more than ninety days after the occurrence of any	8262
event causing any filing made pursuant to divisions (A)(2) to (6)	8263
of this section, or any previous filing made pursuant to this	8264
division, to be inaccurate or incomplete, all information	8265
necessary to maintain the accuracy and completeness of such	8266
filing.	8267

(B) For filing filings under this section, the secretary of	8268
state shall charge and collect a the fee specified in division (T)	8269
of fifty dollars, except that for filing under division (A)(8) of	8270
this section, the secretary of state shall charge and collect a	8271
fee of ten dollars section 111.16 of the Revised Code, except for	8272
filings under division (A)(8) of this section pertaining solely to	8273
division (A)(6) of this section, for which the secretary of state	8274
shall charge and collect the fee specified in division (R) of	8275
section 111.16 of the Revised Code.	8276

(C) All persons shall be given the opportunity to acquire	8277
knowledge of the contents of the trust instrument and other	8278
information filed in the office of the secretary of state, but no	8279
person dealing with a real estate investment trust shall be	8280
charged with constructive notice of the contents of any such	8281
instrument or information by reason of such filing.	8282

(D) A copy of a trust instrument or other information filed	8283
in the office of the secretary of state shall be is prima-facie	8284
evidence of the existence of the instrument or other information	8285
and of its contents, and as is conclusive evidence of the	8286
existence of such record.	8287

Sec. 1747.04.  A trust instrument may be amended in the	8288
manner specified in it or in any manner that is valid under the	8289
common or statutory law applicable to the trust created thereunder	8290
under it. However, no amendment adopted subsequent to the initial	8291
filings required by section 1747.03 of the Revised Code is legally	8292
effective in this state until an executed or certified true and	8293
correct copy of the amendment has been filed in the office of the	8294
secretary of state accompanied by a the fee specified in division	8295
(T) of twenty-five dollars section 111.16 of the Revised Code.	8296

Sec. 1747.10.  Any domestic or foreign real estate investment	8297
trust authorized to transact real estate business in this state	8298
may surrender its authority at any time by filing in the office of	8299
the secretary of state a verified copy of a resolution duly	8300
adopted by its trustees declaring its intention to withdraw,	8301
accompanied by a the fee specified in division (T) of ten dollars	8302
section 111.16 of the Revised Code. Such real estate investment	8303
trust then ceases and is without authority to transact real estate	8304
business in this state, except as necessary for the concluding	8305
thereof its conclusion.	8306

Sec. 1775.63.  (A) A domestic limited liability partnership	8307
or foreign registered limited liability partnership shall,	8308
annually biennially during the month of July in odd-numbered	8309
years, file a report with the office of the secretary of state	8310
verifying and, if necessary, updating, as of the thirtieth day of	8311
June of that year, the information contained in the registration	8312
application required by division (A) of sections 1775.61 and	8313
1775.64 of the Revised Code. The annual report shall be made on a	8314
form prescribed and furnished by the secretary of state and shall	8315
be signed by a majority in interest of the partners or by one or	8316
more partners authorized by the partnership to execute the report.	8317

(B) If a domestic limited liability partnership or foreign	8318
registered limited liability partnership fails to file the annual	8319
report in accordance with division (A) of this section, the	8320
secretary of state shall give notice of the failure by certified	8321
mail to the last known address of the partnership or its statutory	8322
agent. If the report is not filed within thirty days after the	8323
mailing of the notice, the secretary of state shall, upon the	8324
expiration of that period, cancel the registration of the	8325
partnership, give notice of the cancellation to the partnership by	8326
regular mail to the last known address of the partnership or its	8327
statutory agent, and make a notation of the cancellation on the	8328
secretary of state's records.	8329

(C) A domestic limited liability partnership or foreign	8330
registered limited liability partnership whose registration has	8331
been canceled pursuant to division (B) of this section may be	8332
reinstated by filing an application for reinstatement, together	8333
with the required annual report or reports, and by paying a the	8334
reinstatement fee specified in division (Q) of ten dollars section	8335
111.16 of the Revised Code. The secretary of state shall inform	8336
the tax commissioner of all cancellations and reinstatements under	8337
this section.	8338

Sec. 1775.64.  (A) Before transacting business in this	8339
state, a foreign limited liability partnership shall file a	8340
registration application with the secretary of state. The	8341
application shall be on a form prescribed by the secretary of	8342
state and shall set forth only the following information:	8343

(1) The name of the partnership;

8344

(2) The jurisdiction pursuant to the laws of which it was	8345
organized as a limited liability partnership;	8346

(3) The address of its principal office or, if the	8347
partnership's principal office is not located in this state, the	8348
address of a registered office;	8349

(4) The name and address of its agent for service of process	8350
in this state;	8351

(5) A brief statement of the business in which the	8352
partnership engages.	8353

(B) A registration application shall be accompanied by the	8354
application fee specified in division (F) of section 111.16 of the	8355
Revised Code.	8356

(C) A foreign limited liability partnership transacting	8357
business in this state shall comply with the name, correction, and	8358
annual reporting requirements set forth in division (G) of section	8359
1775.61, divisions (B) and (C) of section 1775.62, and section	8360
1775.63 of the Revised Code and shall comply with any statutory or	8361
administrative registration or filing requirements governing the	8362
specific type of business in which the partnership engages.	8363

(D) The secretary of state shall register as a foreign	8364
limited liability partnership, any foreign limited liability	8365
partnership that submits a completed registration application with	8366
the required fee.	8367

(E) Registration as a foreign limited liability partnership	8368
ceases if either of the following occurs:	8369

(1) The registration is voluntarily withdrawn by filing with	8370
the secretary of state, on a form prescribed by the secretary of	8371
state, a written withdrawal notice signed by one or more partners	8372
authorized by the partnership to execute a withdrawal notice.	8373

(2) The registration is canceled by the secretary of state	8374
pursuant to section 1775.63 of the Revised Code.	8375

Sec. 1782.04.  (A) Each limited partnership shall maintain	8376
continuously in this state an agent for service of process on the	8377
limited partnership. The agent shall be a natural person who is a	8378
resident of this state, a domestic corporation, or a foreign	8379
corporation holding a license as such under the laws of this	8380
state.	8381

(B) The secretary of state shall not accept a certificate of	8382
limited partnership for filing unless there is filed with the	8383
certificate a written appointment of an agent that is signed by	8384
the general partners of the limited partnership and a written	8385
acceptance of the appointment that is signed by the agent, or	8386
unless there is filed a written appointment of an agent that is	8387
signed by any authorized officer of the limited partnership and a	8388
written acceptance of the appointment that is either the original	8389
acceptance signed by the agent or a photocopy, facsimile, or	8390
similar reproduction of the original acceptance signed by the	8391
agent.	8392

In the discretion of the secretary of state, an original	8393
appointment of statutory agent may be submitted on the same form	8394
as the certificate of limited partnership but shall not be	8395
considered a part of the certificate.	8396

(C) The written appointment of an agent shall set forth the	8397
name and address in this state of the agent, including the street	8398
and number or other particular description, and shall otherwise be	8399
in the form the secretary of state prescribes. The secretary of	8400
state shall keep a record of the names of limited partnerships,	8401
and the names and addresses of their respective agents.	8402

(D) If any agent dies, removes from the state, or resigns,	8403
the limited partnership shall forthwith appoint another agent and	8404
file with the secretary of state, on a form prescribed by the	8405
secretary of state, a written appointment of the new agent.	8406

(E) If the agent changes the agent's address from that	8407
appearing upon the record in the office of the secretary of state,	8408
the limited partnership or the agent forthwith shall file with the	8409
secretary of state, on a form prescribed by the secretary of	8410
state, a written statement setting forth the new address.	8411

(F) An agent may resign by filing with the secretary of	8412
state, on a form prescribed by the secretary of state, a written	8413
notice to that effect that is signed by the agent and by sending a	8414
copy of the notice to the limited partnership at its current or	8415
last known address or its principal office on or prior to the date	8416
the notice is filed with the secretary of state. The notice shall	8417
set forth the name of the limited partnership, the name and	8418
current address of the agent, the current or last known address,	8419
including the street and number or other particular description,	8420
of the limited partnership's principal office, the resignation of	8421
the agent, and a statement that a copy of the notice has been sent	8422
to the limited partnership within the time and in the manner	8423
prescribed by this division. Upon the expiration of thirty days	8424
after the filing, the authority of the agent shall terminate.	8425

(G) A limited partnership may revoke the appointment of an	8426
agent by filing with the secretary of state, on a form prescribed	8427
by the secretary of state, a written appointment of another agent	8428
and a statement that the appointment of the former agent is	8429
revoked.	8430

(H) Except when an original appointment of an agent is	8431
filed with the certificate of limited partnership, a written	8432
appointment of an agent or a written statement filed by a limited	8433
partnership with the secretary of state shall be signed by any	8434
authorized officer of the limited partnership, or the general	8435
partners of the limited partnership, or a majority of them.	8436

Sec. 1782.08.  (A) To form a limited partnership, a	8437
certificate of limited partnership shall be executed and filed	8438
with the secretary of state, as provided in section 1782.13 of the	8439
Revised Code. The certificate shall be on a form prescribed by	8440
the secretary of state and shall set forth all of the following:	8441

(1) The name of the limited partnership;

8442

(2) The address of the principal place of business of the	8443
limited partnership and the name and address, including the street	8444
and number or other particular description, of the agent for	8445
service of process maintained pursuant to section 1782.04 of the	8446
Revised Code;	8447

(3) The name and business or residence address of each	8448
general partner;	8449

(4) Any other matters that the general partners determine to	8450
include in the certificate.	8451

(B) A written appointment of a statutory agent for the	8452
purpose set forth in section 1782.04 of the Revised Code shall be	8453
filed with the certificate of limited partnership.	8454

(C) A limited partnership is an entity formed at the time of	8455
filing the certificate of limited partnership pursuant to section	8456
1782.13 of the Revised Code or at any later time specified in the	8457
certificate if, in either case, there has been substantial	8458
compliance with the requirements of division divisions (A) and (B)	8459
of this section.	8460

Sec. 1782.09.  (A) A certificate of limited partnership	8461
shall be amended by filing a certificate of amendment with the	8462
secretary of state. The certificate of amendment shall be on a	8463
form prescribed by the secretary of state and shall state all of	8464
the following:	8465

(1) The name of the limited partnership and the file number	8466
assigned to it by the secretary of state;	8467

(2) The date of the first filing of the certificate of	8468
limited partnership and, if different, the date of the first	8469
filing by the partnership with the secretary of state pursuant to	8470
section 1782.63 of the Revised Code;	8471

(3) The amendment to the certificate of limited partnership.

8472

(B) Within thirty days after the occurrence of any of the	8473
following events, an amendment to a certificate of limited	8474
partnership reflecting the occurrence of the event shall be filed	8475
pursuant to division (A) of this section:	8476

(1) A new general partner is admitted;

8477

(2) A general partner withdraws;

8478

(3) The business is continued pursuant to section 1782.44 of	8479
the Revised Code after an event of withdrawal of a general	8480
partner;	8481

(4) The address of the principal place of business of the	8482
limited partnership changes;	8483

(5) The name or identity of the statutory agent changes;

8484

(6) The address of the statutory agent changes;

8485

(7) The name of the limited partnership is changes.

8486

(C) A general partner who becomes aware that any statement	8487
in the certificate of limited partnership was materially false	8488
when made or that any arrangements or other facts described have	8489
changed, thereby making the certificate materially inaccurate,	8490
promptly shall amend the certificate.	8491

If the certificate becomes inaccurate because the designated	8492
agent changes the agent's address from that appearing in the	8493
certificate of limited partnership or any subsequent amendment	8494
thereto, the limited partnership, or the designated agent on its	8495
behalf, shall file promptly with the secretary of state, on a form	8496
prescribed by the secretary of state, an amendment setting forth	8497
the new address.	8498

(D) A certificate of limited partnership may be amended at	8499
any time for any other proper purpose the general partners	8500
determine.	8501

(E) A person is not liable because an amendment to a	8502
certificate of limited partnership has not been filed to reflect	8503
the occurrence of an event referred to in division (B) of this	8504
section if the amendment is filed within the thirty-day period	8505
specified in that division.	8506

(F) A certificate of limited partnership may be restated at	8507
any time by filing a restatement of the certificate of limited	8508
partnership with the secretary of state.	8509

Sec. 1782.433.  (A) Upon the adoption by each constituent	8510
entity of an agreement of merger or consolidation pursuant to	8511
section 1782.431 or 1782.432 of the Revised Code, a certificate of	8512
merger or consolidation shall be filed with the secretary of state	8513
that is signed by an authorized representative of each constituent	8514
entity. The certificate shall be on a form prescribed by the	8515
secretary of state and shall set forth only the information	8516
required by this section.	8517

(B)(1) The certificate of merger or consolidation shall set	8518
forth all of the following:	8519

(a) The name and the form of entity of each constituent	8520
entity and the state under the laws of which each constituent	8521
entity exists;	8522

(b) A statement that each constituent entity has complied	8523
with all of the laws under which it exists and that the laws	8524
permit the merger or consolidation;	8525

(c) The name and mailing address of the person or entity	8526
that is to provide, in response to any written request made by a	8527
shareholder, partner, or other equity holder of a constituent	8528
entity, a copy of the agreement of merger or consolidation;	8529

(d) The effective date of the merger or consolidation, which	8530
date may be on or after the date of the filing of the certificate;	8531

(e) The signature of the representative or representatives	8532
authorized to sign the certificate on behalf of each constituent	8533
entity and the office held or the capacity in which the	8534
representative is acting;	8535

(f) A statement that the agreement of merger or	8536
consolidation is authorized on behalf of each constituent entity	8537
and that the persons who signed the certificate on behalf of each	8538
entity are authorized to do so;	8539

(g) In the case of a merger, a statement that one or more	8540
specified constituent entities will be merged into a specified	8541
surviving entity or, in the case of a consolidation, a statement	8542
that the constituent entities will be consolidated into a new	8543
entity;	8544

(h) In the case of a merger, if the surviving entity is a	8545
foreign entity not licensed to transact business in this state,	8546
the name and address of the statutory agent upon whom any process,	8547
notice, or demand may be served;	8548

(i) In the case of a consolidation, the name and address of	8549
the statutory agent upon whom any process, notice, or demand	8550
against any constituent entity or the new entity may be served.	8551

(2) In the case of a consolidation into a new domestic	8552
corporation, limited liability company, or limited partnership,	8553
the articles of incorporation, the articles of organization, or	8554
the certificate of limited partnership of the new domestic entity	8555
shall be filed with the certificate of merger or consolidation.	8556

(3) In the case of a merger into a domestic corporation,	8557
limited liability company, or limited partnership, any amendments	8558
to the articles of incorporation, articles of organization, or	8559
certificate of limited partnership of the surviving domestic	8560
entity shall be filed with the certificate of merger or	8561
consolidation.	8562

(4) If the surviving or new entity is a foreign entity that	8563
desires to transact business in this state as a foreign	8564
corporation, limited liability company, or limited partnership,	8565
the certificate of merger or consolidation shall be accompanied by	8566
the information required by division (B)(7), (8), or (9) of	8567
section 1782.432 of the Revised Code.	8568

(5) If a foreign or domestic corporation licensed to	8569
transact business in this state is a constituent entity and the	8570
surviving or new entity resulting from the merger or consolidation	8571
is not a foreign or domestic corporation that is to be licensed to	8572
transact business in this state, the certificate of merger or	8573
consolidation shall be accompanied by the affidavits, receipts,	8574
certificates, or other evidence required by division (H) of	8575
section 1701.86 of the Revised Code, with respect to each domestic	8576
constituent corporation, and by the affidavits, receipts,	8577
certificates, or other evidence required by division (C) or (D) of	8578
section 1703.17 of the Revised Code, with respect to each foreign	8579
constituent corporation licensed to transact business in this	8580
state.	8581

(C) If any constituent entity in a merger or consolidation	8582
is organized or formed under the laws of a state other than this	8583
state or under any chapter of the Revised Code other than this	8584
chapter, there also shall be filed in the proper office all	8585
documents that are required to be filed in connection with the	8586
merger or consolidation by the laws of that state or by that	8587
chapter.	8588

(D) Upon the filing of a certificate of merger or	8589
consolidation and other filings as described in division (C) of	8590
this section or at any later date that the certificate of merger	8591
or consolidation specifies, the merger or consolidation is	8592
effective.	8593

(E) The secretary of state shall furnish, upon request and	8594
payment of a the fee specified in division (D) of ten dollars	8595
section 111.16 of the Revised Code, the secretary of state's	8596
certificate setting forth: the name and form of entity of each	8597
constituent entity and the states under the laws of which each	8598
constituent entity existed prior to the merger or consolidation;	8599
the name and the form of entity of the surviving or new entity and	8600
the state under the laws of which the surviving entity exists or	8601
the new entity is to exist; the date of filing of the certificate	8602
of merger or consolidation with the secretary of state; and the	8603
effective date of the merger or consolidation. The certificate of	8604
the secretary of state, or a copy of the certificate of merger or	8605
consolidation certified by the secretary of state, may be filed	8606
for record in the office of the recorder of any county in this	8607
state and, if filed, shall be recorded in the records of deeds for	8608
that county. For that recording, the county recorder shall charge	8609
and collect the same fee as in the case of deeds.	8610

Sec. 1785.06.  A professional association, within thirty days	8611
after the thirtieth day of June in each year, shall furnish a	8612
statement to the secretary of state showing the names and	8613
post-office addresses of all of the shareholders in the	8614
association and certifying that all of the shareholders are duly	8615
licensed, certificated, or otherwise legally authorized to render	8616
within this state the same professional service for which the	8617
association was organized or, in the case of a combination of	8618
professional services described in division (B) of section 1785.01	8619
of the Revised Code, to render within this state any of the	8620
applicable types of professional services for which the	8621
association was organized. This statement shall be made on a form	8622
that the secretary of state shall prescribe, shall be signed by an	8623
officer of the association, and shall be filed in the office of	8624
the secretary of state.	8625

If any professional association fails to file the annual	8626
statement within the time required by this section, the secretary	8627
of state shall give notice of the failure by certified mail,	8628
return receipt requested, to the last known address of the	8629
association or its agent. If the annual statement is not filed	8630
within thirty days after the mailing of the notice, the secretary	8631
of state, upon the expiration of that period, shall cancel the	8632
association's articles of incorporation, give notice of the	8633
cancellation to the association by mail sent to the last known	8634
address of the association or its agent, and make a notation of	8635
the cancellation on the records of the secretary of state.	8636

A professional association whose articles have been canceled	8637
pursuant to this section may be reinstated by filing an	8638
application for reinstatement and the required annual statement or	8639
statements and by paying a the reinstatement fee specified in	8640
division (Q) of ten dollars section 111.16 of the Revised Code.	8641
The rights, privileges, and franchises of a professional	8642
association whose articles have been reinstated are subject to	8643
section 1701.922 of the Revised Code. The secretary of state	8644
shall inform the tax commissioner of all cancellations and	8645
reinstatements under this section.	8646

Sec. 1901.26.  (A) Subject to division (E) of this section,	8647
costs in a municipal court shall be fixed and taxed as follows:	8648

(1) The municipal court shall require an advance deposit for	8649
the filing of any new civil action or proceeding when required by	8650
division (A)(9) of this section, and in all other cases, by rule,	8651
shall establish a schedule of fees and costs to be taxed in any	8652
civil or criminal action or proceeding.	8653

(2) The municipal court, by rule, may require an advance	8654
deposit for the filing of any civil action or proceeding and	8655
publication fees as provided in section 2701.09 of the Revised	8656
Code. The court may waive the requirement for advance deposit	8657
upon affidavit or other evidence that a party is unable to make	8658
the required deposit.	8659

(3) When a jury trial is demanded in any civil action or	8660
proceeding, the party making the demand may be required to make an	8661
advance deposit as fixed by rule of court, unless, upon affidavit	8662
or other evidence, the court concludes that the party is unable to	8663
make the required deposit. If a jury is called, the fees of a	8664
jury shall be taxed as costs.	8665

(4) In any civil or criminal action or proceeding,	8666
witnesses' fees shall be fixed in accordance with sections 2335.06	8667
and 2335.08 of the Revised Code.	8668

(5) A reasonable charge for driving, towing, carting,	8669
storing, keeping, and preserving motor vehicles and other personal	8670
property recovered or seized in any proceeding may be taxed as	8671
part of the costs in a trial of the cause, in an amount that shall	8672
be fixed by rule of court.	8673

(6) Chattel property seized under any writ or process issued	8674
by the court shall be preserved pending final disposition for the	8675
benefit of all persons interested and may be placed in storage	8676
when necessary or proper for that preservation. The custodian of	8677
any chattel property so stored shall not be required to part with	8678
the possession of the property until a reasonable charge, to be	8679
fixed by the court, is paid.	8680

(7) The municipal court, as it determines, may refund all	8681
deposits and advance payments of fees and costs, including those	8682
for jurors and summoning jurors, when they have been paid by the	8683
losing party.	8684

(8) Charges for the publication of legal notices required by	8685
statute or order of court may be taxed as part of the costs, as	8686
provided by section 7.13 of the Revised Code.	8687

(B)(1) The municipal court may determine that, for the	8688
efficient operation of the court, additional funds are necessary	8689
to acquire and pay for special projects of the court including,	8690
but not limited to, the acquisition of additional facilities or	8691
the rehabilitation of existing facilities, the acquisition of	8692
equipment, the hiring and training of staff, community service	8693
programs, mediation or dispute resolution services, the employment	8694
of magistrates, the training and education of judges, acting	8695
judges, and magistrates, and other related services. Upon that	8696
determination, the court by rule may charge a fee, in addition to	8697
all other court costs, on the filing of each criminal cause, civil	8698
action or proceeding, or judgment by confession.	8699

If the municipal court offers a special program or service in	8700
cases of a specific type, the municipal court by rule may assess	8701
an additional charge in a case of that type, over and above court	8702
costs, to cover the special program or service. The municipal	8703
court shall adjust the special assessment periodically, but not	8704
retroactively, so that the amount assessed in those cases does not	8705
exceed the actual cost of providing the service or program.	8706

All moneys collected under division (B) of this section shall	8707
be paid to the county treasurer if the court is a county-operated	8708
municipal court or to the city treasurer if the court is not a	8709
county-operated municipal court for deposit into either a general	8710
special projects fund or a fund established for a specific special	8711
project. Moneys from a fund of that nature shall be disbursed	8712
upon an order of the court in an amount no greater than the actual	8713
cost to the court of a project. If a specific fund is terminated	8714
because of the discontinuance of a program or service established	8715
under division (B) of this section, the municipal court may order	8716
that moneys remaining in the fund be transferred to an account	8717
established under this division for a similar purpose.	8718

(2) As used in division (B) of this section:

8719

(a) "Criminal cause" means a charge alleging the violation of	8720
a statute or ordinance, or subsection of a statute or ordinance,	8721
that requires a separate finding of fact or a separate plea before	8722
disposition and of which the defendant may be found guilty,	8723
whether filed as part of a multiple charge on a single summons,	8724
citation, or complaint or as a separate charge on a single	8725
summons, citation, or complaint. "Criminal cause" does not include	8726
separate violations of the same statute or ordinance, or	8727
subsection of the same statute or ordinance, unless each charge is	8728
filed on a separate summons, citation, or complaint.	8729

(b) "Civil action or proceeding" means any civil litigation	8730
that must be determined by judgment entry.	8731

(C) Prior to January 1, 1993, and on and after January 1,	8732
2003, the municipal court shall collect the sum of four dollars as	8733
additional filing fees in each new civil action or proceeding for	8734
the charitable public purpose of providing financial assistance to	8735
legal aid societies that operate within the state. From January	8736
1, 1993, through December 31, 2002, the The municipal court shall	8737
collect in all its divisions except the small claims division the	8738
sum of fifteen dollars as additional filing fees in each new civil	8739
action or proceeding for the charitable public purpose of	8740
providing financial assistance to legal aid societies that operate	8741
within the state. From January 1, 1993, through December 31, 2002,	8742
the The municipal court shall collect in its small claims division	8743
the sum of seven dollars as additional filing fees in each new	8744
civil action or proceeding for the charitable public purpose of	8745
providing financial assistance to legal aid societies that operate	8746
within the state. This division does not apply to any execution	8747
on a judgment, proceeding in aid of execution, or other	8748
post-judgment proceeding arising out of a civil action. The	8749
filing fees required to be collected under this division shall be	8750
in addition to any other court costs imposed in the action or	8751
proceeding and shall be collected at the time of the filing of the	8752
action or proceeding. The court shall not waive the payment of	8753
the additional filing fees in a new civil action or proceeding	8754
unless the court waives the advanced payment of all filing fees in	8755
the action or proceeding. All such moneys shall be transmitted on	8756
the first business day of each month by the clerk of the court to	8757
the treasurer of state. The moneys then shall be deposited by the	8758
treasurer of state to the credit of the legal aid fund established	8759
under section 120.52 of the Revised Code.	8760

The court may retain up to one per cent of the moneys it	8761
collects under this division to cover administrative costs,	8762
including the hiring of any additional personnel necessary to	8763
implement this division.	8764

(D) In the Cleveland municipal court, reasonable charges for	8765
investigating titles of real estate to be sold or disposed of	8766
under any writ or process of the court may be taxed as part of the	8767
costs.	8768

(E) Under the circumstances described in sections 2969.21 to	8769
2969.27 of the Revised Code, the clerk of the municipal court	8770
shall charge the fees and perform the other duties specified in	8771
those sections.	8772

Sec. 1907.24.  (A) Subject to division (C) of this section,	8773
a county court shall fix and tax fees and costs as follows:	8774

(1) The county court shall require an advance deposit for	8775
the filing of any new civil action or proceeding when required by	8776
division (C) of this section and, in all other cases, shall	8777
establish a schedule of fees and costs to be taxed in any civil or	8778
criminal action or proceeding.	8779

(2) The county court by rule may require an advance deposit	8780
for the filing of a civil action or proceeding and publication	8781
fees as provided in section 2701.09 of the Revised Code. The	8782
court may waive an advance deposit requirement upon the	8783
presentation of an affidavit or other evidence that establishes	8784
that a party is unable to make the requisite deposit.	8785

(3) When a party demands a jury trial in a civil action or	8786
proceeding, the county court may require the party to make an	8787
advance deposit as fixed by rule of court, unless the court	8788
concludes, on the basis of an affidavit or other evidence	8789
presented by the party, that the party is unable to make the	8790
requisite deposit. If a jury is called, the county court shall	8791
tax the fees of a jury as costs.	8792

(4) In a civil or criminal action or proceeding, the county	8793
court shall fix the fees of witnesses in accordance with sections	8794
2335.06 and 2335.08 of the Revised Code.	8795

(5) A county court may tax as part of the costs in a trial	8796
of the cause, in an amount fixed by rule of court, a reasonable	8797
charge for driving, towing, carting, storing, keeping, and	8798
preserving motor vehicles and other personal property recovered or	8799
seized in a proceeding.	8800

(6) The court shall preserve chattel property seized under a	8801
writ or process issued by the court pending final disposition for	8802
the benefit of all interested persons. The court may place the	8803
chattel property in storage when necessary or proper for its	8804
preservation. The custodian of chattel property so stored shall	8805
not be required to part with the possession of the property until	8806
a reasonable charge, to be fixed by the court, is paid.	8807

(7) The county court, as it determines, may refund all	8808
deposits and advance payments of fees and costs, including those	8809
for jurors and summoning jurors, when they have been paid by the	8810
losing party.	8811

(8) The court may tax as part of costs charges for the	8812
publication of legal notices required by statute or order of	8813
court, as provided by section 7.13 of the Revised Code.	8814

(B)(1) The county court may determine that, for the	8815
efficient operation of the court, additional funds are necessary	8816
to acquire and pay for special projects of the court including,	8817
but not limited to, the acquisition of additional facilities or	8818
the rehabilitation of existing facilities, the acquisition of	8819
equipment, the hiring and training of staff, community service	8820
programs, mediation or dispute resolution services, the employment	8821
of magistrates, the training and education of judges, acting	8822
judges, and magistrates, and other related services. Upon that	8823
determination, the court by rule may charge a fee, in addition to	8824
all other court costs, on the filing of each criminal cause, civil	8825
action or proceeding, or judgment by confession.	8826

If the county court offers a special program or service in	8827
cases of a specific type, the county court by rule may assess an	8828
additional charge in a case of that type, over and above court	8829
costs, to cover the special program or service. The county court	8830
shall adjust the special assessment periodically, but not	8831
retroactively, so that the amount assessed in those cases does not	8832
exceed the actual cost of providing the service or program.	8833

All moneys collected under division (B) of this section shall	8834
be paid to the county treasurer for deposit into either a general	8835
special projects fund or a fund established for a specific special	8836
project. Moneys from a fund of that nature shall be disbursed	8837
upon an order of the court in an amount no greater than the actual	8838
cost to the court of a project. If a specific fund is terminated	8839
because of the discontinuance of a program or service established	8840
under division (B) of this section, the county court may order	8841
that moneys remaining in the fund be transferred to an account	8842
established under this division for a similar purpose.	8843

(2) As used in division (B) of this section:

8844

(a) "Criminal cause" means a charge alleging the violation of	8845
a statute or ordinance, or subsection of a statute or ordinance,	8846
that requires a separate finding of fact or a separate plea before	8847
disposition and of which the defendant may be found guilty,	8848
whether filed as part of a multiple charge on a single summons,	8849
citation, or complaint or as a separate charge on a single	8850
summons, citation, or complaint. "Criminal cause" does not include	8851
separate violations of the same statute or ordinance, or	8852
subsection of the same statute or ordinance, unless each charge is	8853
filed on a separate summons, citation, or complaint.	8854

(b) "Civil action or proceeding" means any civil litigation	8855
that must be determined by judgment entry.	8856

(C) Subject to division (E) of this section, prior to	8857
January 1, 1993, and on and after January 1, 2003, the county	8858
court shall collect the sum of four dollars as additional filing	8859
fees in each new civil action or proceeding for the charitable	8860
public purpose of providing financial assistance to legal aid	8861
societies that operate within the state. Subject to division (E)	8862
of this section, from January 1, 1993, through December 31, 2002,	8863
the county court shall collect in all its divisions except the	8864
small claims division the sum of fifteen dollars as additional	8865
filing fees in each new civil action or proceeding for the	8866
charitable public purpose of providing financial assistance to	8867
legal aid societies that operate within the state. Subject to	8868
division (E) of this section, from January 1, 1993, through	8869
December 31, 2002, the county court shall collect in its small	8870
claims division the sum of seven dollars as additional filing fees	8871
in each new civil action or proceeding for the charitable public	8872
purpose of providing financial assistance to legal aid societies	8873
that operate within the state. This division does not apply to	8874
any execution on a judgment, proceeding in aid of execution, or	8875
other post-judgment proceeding arising out of a civil action. The	8876
filing fees required to be collected under this division shall be	8877
in addition to any other court costs imposed in the action or	8878
proceeding and shall be collected at the time of the filing of the	8879
action or proceeding. The court shall not waive the payment of	8880
the additional filing fees in a new civil action or proceeding	8881
unless the court waives the advanced payment of all filing fees in	8882
the action or proceeding. All such moneys collected during a	8883
month shall be transmitted on or before the twentieth day of the	8884
following month by the clerk of the court to the treasurer of	8885
state. The moneys then shall be deposited by the treasurer of	8886
state to the credit of the legal aid fund established under	8887
section 120.52 of the Revised Code.	8888

The court may retain up to one per cent of the moneys it	8889
collects under this division to cover administrative costs,	8890
including the hiring of any additional personnel necessary to	8891
implement this division.	8892

(D) The county court shall establish by rule a schedule of	8893
fees for miscellaneous services performed by the county court or	8894
any of its judges in accordance with law. If judges of the court	8895
of common pleas perform similar services, the fees prescribed in	8896
the schedule shall not exceed the fees for those services	8897
prescribed by the court of common pleas.	8898

(E) Under the circumstances described in sections 2969.21 to	8899
2969.27 of the Revised Code, the clerk of the county court shall	8900
charge the fees and perform the other duties specified in those	8901
sections.	8902

Sec. 2151.34.  A child who is alleged to be or adjudicated a	8903
delinquent child may be confined in a place of juvenile detention	8904
for a period not to exceed ninety days, during which time a social	8905
history may be prepared to include court record, family history,	8906
personal history, school and attendance records, and any other	8907
pertinent studies and material that will be of assistance to the	8908
juvenile court in its disposition of the charges against that	8909
juvenile offender.	8910

Upon the advice and recommendation of the judge, the board of	8911
county commissioners shall provide, by purchase, lease,	8912
construction, or otherwise, a place to be known as a detention	8913
home that shall be within a convenient distance of the juvenile	8914
court and shall not be used for the confinement of adults charged	8915
with criminal offenses and in which delinquent children may be	8916
detained until final disposition. Upon the joint advice and	8917
recommendation of the juvenile judges of two or more adjoining or	8918
neighboring counties, the boards of county commissioners of the	8919
counties shall form themselves into a joint board and proceed to	8920
organize a district for the establishment and support of a	8921
detention home for the use of the juvenile courts of those	8922
counties, in which delinquent children may be detained until final	8923
disposition, by using a site or buildings already established in	8924
one of the counties or by providing for the purchase of a site and	8925
the erection of the necessary buildings on the site.	8926

A child who is adjudicated to be a juvenile traffic offender	8927
for having committed a violation of division (A) of section	8928
4511.19 of the Revised Code or of a municipal ordinance that is	8929
substantially comparable to that division may be confined in a	8930
detention home or district detention home pursuant to division	8931
(A)(6) of section 2151.356 of the Revised Code, provided the child	8932
is kept separate and apart from alleged delinquent children.	8933

The county or district detention home shall be maintained as	8934
provided in sections 2151.01 to 2151.54 of the Revised Code. In	8935
any county in which there is no detention home or that is not	8936
served by a district detention home, the board of county	8937
commissioners shall provide funds for the boarding of such	8938
children temporarily in private homes. Children who are alleged	8939
to be or have been adjudicated delinquent children may be detained	8940
after a complaint is filed in the detention home until final	8941
disposition of their cases or in certified foster homes or in any	8942
other home approved by the court, if any are available, for a	8943
period not exceeding sixty days or until final disposition of	8944
their cases, whichever comes first. The court also may arrange	8945
with any public children services agency or private child placing	8946
agency to receive, or private noncustodial agency for temporary	8947
care of, the children within the jurisdiction of the court. A	8948
district detention home approved for such purpose by the	8949
department of youth services under section 5139.281 of the Revised	8950
Code may receive children committed to its temporary custody under	8951
section 2151.355 of the Revised Code and provide the care,	8952
treatment, and training required.	8953

If a detention home is established as an agency of the court	8954
or a district detention home is established by the courts of	8955
several counties as provided in this section, it shall be	8956
furnished and carried on, as far as possible, as a family home in	8957
charge of a superintendent or matron in a nonpunitive neutral	8958
atmosphere. The judge, or the directing board of a district	8959
detention home, may appoint a superintendent, a matron, and other	8960
necessary employees for the home and fix their salaries. During	8961
the school year, when possible, a comparable educational program	8962
with competent and trained staff shall be provided for those	8963
children of school age. A sufficient number of trained	8964
recreational personnel shall be included among the staff to assure	8965
wholesome and profitable leisure-time activities. Medical and	8966
mental health services shall be made available to ensure the	8967
courts all possible treatment facilities shall be given to those	8968
children placed under their care. In the case of a county	8969
detention home, the salaries shall be paid in the same manner as	8970
is provided by section 2151.13 of the Revised Code for other	8971
employees of the court, and the necessary expenses incurred in	8972
maintaining the detention home shall be paid by the county. In	8973
the case of a district detention home, the salaries and the	8974
necessary expenses incurred in maintaining the district detention	8975
home shall be paid as provided in sections 2151.341 to 2151.3415	8976
of the Revised Code.	8977

If the court arranges for the board of children temporarily	8978
detained in certified foster homes or arranges for the board of	8979
those children through any private child placing agency, a	8980
reasonable sum to be fixed by the court for the board of those	8981
children shall be paid by the county. In order to have certified	8982
foster homes available for service, an agreed monthly subsidy may	8983
be paid and a fixed rate per day for care of children actually	8984
residing in the certified foster home.	8985

Sec. 2303.201.  (A)(1) The court of common pleas of any	8986
county may determine that for the efficient operation of the court	8987
additional funds are required to computerize the court, to make	8988
available computerized legal research services, or to do both.	8989
Upon making a determination that additional funds are required for	8990
either or both of those purposes, the court shall authorize and	8991
direct the clerk of the court of common pleas to charge one	8992
additional fee, not to exceed three dollars, on the filing of each	8993
cause of action or appeal under divisions (A), (Q), and (U) of	8994
section 2303.20 of the Revised Code.	8995

(2) All fees collected under division (A)(1) of this section	8996
shall be paid to the county treasurer. The treasurer shall place	8997
the funds from the fees in a separate fund to be disbursed, upon	8998
an order of the court, in an amount not greater than the actual	8999
cost to the court of procuring and maintaining computerization of	9000
the court, computerized legal research services, or both.	9001

(3) If the court determines that the funds in the fund	9002
described in division (A)(2) of this section are more than	9003
sufficient to satisfy the purpose for which the additional fee	9004
described in division (A)(1) of this section was imposed, the	9005
court may declare a surplus in the fund and expend those surplus	9006
funds for other appropriate technological expenses of the court.	9007

(B)(1) The court of common pleas of any county may determine	9008
that, for the efficient operation of the court, additional funds	9009
are required to computerize the office of the clerk of the court	9010
of common pleas and, upon that determination, authorize and direct	9011
the clerk of the court of common pleas to charge an additional	9012
fee, not to exceed ten dollars, on the filing of each cause of	9013
action or appeal, on the filing, docketing, and endorsing of each	9014
certificate of judgment, or on the docketing and indexing of each	9015
aid in execution or petition to vacate, revive, or modify a	9016
judgment under divisions (A), (P), (Q), (T), and (U) of section	9017
2303.20 of the Revised Code. Subject to division (B)(2) of this	9018
section, all moneys collected under division (B)(1) of this	9019
section shall be paid to the county treasurer to be disbursed,	9020
upon an order of the court of common pleas and subject to	9021
appropriation by the board of county commissioners, in an amount	9022
no greater than the actual cost to the court of procuring and	9023
maintaining computer systems for the office of the clerk of the	9024
court of common pleas.	9025

(2) If the court of common pleas of a county makes the	9026
determination described in division (B)(1) of this section, the	9027
board of county commissioners of that county may issue one or more	9028
general obligation bonds for the purpose of procuring and	9029
maintaining the computer systems for the office of the clerk of	9030
the court of common pleas. In addition to the purposes stated in	9031
division (B)(1) of this section for which the moneys collected	9032
under that division may be expended, the moneys additionally may	9033
be expended to pay debt charges on and financing costs related to	9034
any general obligation bonds issued pursuant to division (B)(2) of	9035
this section as they become due. General obligation bonds issued	9036
pursuant to division (B)(2) of this section are Chapter 133.	9037
securities.	9038

(C) Prior to January 1, 1993, and on and after January 1,	9039
2003, the court of common pleas shall collect the sum of four	9040
dollars as additional filing fees in each new civil action or	9041
proceeding for the charitable public purpose of providing	9042
financial assistance to legal aid societies that operate within	9043
the state. From January 1, 1993, through December 31, 2002, the	9044
The court of common pleas shall collect the sum of fifteen dollars	9045
as additional filing fees in each new civil action or proceeding	9046
for the charitable public purpose of providing financial	9047
assistance to legal aid societies that operate within the state.	9048
This division does not apply to proceedings concerning annulments,	9049
dissolutions of marriage, divorces, legal separation, spousal	9050
support, marital property or separate property distribution,	9051
support, or other domestic relations matters; to a juvenile	9052
division of a court of common pleas; to a probate division of a	9053
court of common pleas, except that the additional filing fees	9054
shall apply to name change, guardianship, and adoption	9055
proceedings; or to an execution on a judgment, proceeding in aid	9056
of execution, or other post-judgment proceeding arising out of a	9057
civil action. The filing fees required to be collected under this	9058
division shall be in addition to any other filing fees imposed in	9059
the action or proceeding and shall be collected at the time of the	9060
filing of the action or proceeding. The court shall not waive the	9061
payment of the additional filing fees in a new civil action or	9062
proceeding unless the court waives the advanced payment of all	9063
filing fees in the action or proceeding. All such moneys	9064
collected during a month shall be transmitted on or before the	9065
twentieth day of the following month by the clerk of the court to	9066
the treasurer of state. The moneys then shall be deposited by the	9067
treasurer of state to the credit of the legal aid fund established	9068
under section 120.52 of the Revised Code.	9069

The court may retain up to one per cent of the moneys it	9070
collects under this division to cover administrative costs,	9071
including the hiring of any additional personnel necessary to	9072
implement this division.	9073

(D) On and after the thirtieth day after December 9, 1994,	9074
the court of common pleas shall collect the sum of thirty-two	9075
dollars as additional filing fees in each new action or proceeding	9076
for annulment, divorce, or dissolution of marriage for the purpose	9077
of funding shelters for victims of domestic violence pursuant to	9078
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	9079
required to be collected under this division shall be in addition	9080
to any other filing fees imposed in the action or proceeding and	9081
shall be collected at the time of the filing of the action or	9082
proceeding. The court shall not waive the payment of the	9083
additional filing fees in a new action or proceeding for	9084
annulment, divorce, or dissolution of marriage unless the court	9085
waives the advanced payment of all filing fees in the action or	9086
proceeding. On or before the twentieth day of each month, all	9087
moneys collected during the immediately preceding month pursuant	9088
to this division shall be deposited by the clerk of the court into	9089
the county treasury in the special fund used for deposit of	9090
additional marriage license fees as described in section 3113.34	9091
of the Revised Code. Upon their deposit into the fund, the moneys	9092
shall be retained in the fund and expended only as described in	9093
section 3113.34 of the Revised Code.	9094

(E)(1) The court of common pleas may determine that, for the	9095
efficient operation of the court, additional funds are necessary	9096
to acquire and pay for special projects of the court, including,	9097
but not limited to, the acquisition of additional facilities or	9098
the rehabilitation of existing facilities, the acquisition of	9099
equipment, the hiring and training of staff, community service	9100
programs, mediation or dispute resolution services, the employment	9101
of magistrates, the training and education of judges, acting	9102
judges, and magistrates, and other related services. Upon that	9103
determination, the court by rule may charge a fee, in addition to	9104
all other court costs, on the filing of each criminal cause, civil	9105
action or proceeding, or judgment by confession.	9106

If the court of common pleas offers a special program or	9107
service in cases of a specific type, the court by rule may assess	9108
an additional charge in a case of that type, over and above court	9109
costs, to cover the special program or service. The court shall	9110
adjust the special assessment periodically, but not retroactively,	9111
so that the amount assessed in those cases does not exceed the	9112
actual cost of providing the service or program.	9113

All moneys collected under division (E) of this section shall	9114
be paid to the county treasurer for deposit into either a general	9115
special projects fund or a fund established for a specific special	9116
project. Moneys from a fund of that nature shall be disbursed	9117
upon an order of the court in an amount no greater than the actual	9118
cost to the court of a project. If a specific fund is terminated	9119
because of the discontinuance of a program or service established	9120
under division (E) of this section, the court may order that	9121
moneys remaining in the fund be transferred to an account	9122
established under this division for a similar purpose.	9123

(2) As used in division (E) of this section:

9124

(a) "Criminal cause" means a charge alleging the violation of	9125
a statute or ordinance, or subsection of a statute or ordinance,	9126
that requires a separate finding of fact or a separate plea before	9127
disposition and of which the defendant may be found guilty,	9128
whether filed as part of a multiple charge on a single summons,	9129
citation, or complaint or as a separate charge on a single	9130
summons, citation, or complaint. "Criminal cause" does not include	9131
separate violations of the same statute or ordinance, or	9132
subsection of the same statute or ordinance, unless each charge is	9133
filed on a separate summons, citation, or complaint.	9134

(b) "Civil action or proceeding" means any civil litigation	9135
that must be determined by judgment entry.	9136

Sec. 2317.02.  The following persons shall not testify in	9137
certain respects:	9138

(A) An attorney, concerning a communication made to the	9139
attorney by a client in that relation or the attorney's advice to	9140
a client, except that the attorney may testify by express consent	9141
of the client or, if the client is deceased, by the express	9142
consent of the surviving spouse or the executor or administrator	9143
of the estate of the deceased client and except that, if the	9144
client voluntarily testifies or is deemed by section 2151.421 of	9145
the Revised Code to have waived any testimonial privilege under	9146
this division, the attorney may be compelled to testify on the	9147
same subject;	9148

(B)(1) A physician or a dentist concerning a communication	9149
made to the physician or dentist by a patient in that relation or	9150
the physician's or dentist's advice to a patient, except as	9151
otherwise provided in this division, division (B)(2), and division	9152
(B)(3) of this section, and except that, if the patient is deemed	9153
by section 2151.421 of the Revised Code to have waived any	9154
testimonial privilege under this division, the physician may be	9155
compelled to testify on the same subject.	9156

The testimonial privilege established under this division	9157
does not apply, and a physician or dentist may testify or may be	9158
compelled to testify, in any of the following circumstances:	9159

(a) In any civil action, in accordance with the discovery	9160
provisions of the Rules of Civil Procedure in connection with a	9161
civil action, or in connection with a claim under Chapter 4123. of	9162
the Revised Code, under any of the following circumstances:	9163

(i) If the patient or the guardian or other legal	9164
representative of the patient gives express consent;	9165

(ii) If the patient is deceased, the spouse of the patient	9166
or the executor or administrator of the patient's estate gives	9167
express consent;	9168

(iii) If a medical claim, dental claim, chiropractic claim,	9169
or optometric claim, as defined in section 2305.11 of the Revised	9170
Code, an action for wrongful death, any other type of civil	9171
action, or a claim under Chapter 4123. of the Revised Code is	9172
filed by the patient, the personal representative of the estate of	9173
the patient if deceased, or the patient's guardian or other legal	9174
representative.	9175

(b) In any civil action concerning court-ordered treatment	9176
or services received by a patient, if the court-ordered treatment	9177
or services were ordered as part of a case plan journalized under	9178
section 2151.412 of the Revised Code or the court-ordered	9179
treatment or services are necessary or relevant to dependency,	9180
neglect, or abuse or temporary or permanent custody proceedings	9181
under Chapter 2151. of the Revised Code.	9182

(c) In any criminal action concerning any test or the	9183
results of any test that determines the presence or concentration	9184
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	9185
patient's blood, breath, urine, or other bodily substance at any	9186
time relevant to the criminal offense in question.	9187

(d) In any criminal action against a physician or dentist.	9188
In such an action, the testimonial privilege established under	9189
this division does not prohibit the admission into evidence, in	9190
accordance with the Rules of Evidence, of a patient's medical or	9191
dental records or other communications between a patient and the	9192
physician or dentist that are related to the action and obtained	9193
by subpoena, search warrant, or other lawful means. A court that	9194
permits or compels a physician or dentist to testify in such an	9195
action or permits the introduction into evidence of patient	9196
records or other communications in such an action shall require	9197
that appropriate measures be taken to ensure that the	9198
confidentiality of any patient named or otherwise identified in	9199
the records is maintained. Measures to ensure confidentiality	9200
that may be taken by the court include sealing its records or	9201
deleting specific information from its records.	9202

(2)(a) If any law enforcement officer submits a written	9203
statement to a health care provider that states that an official	9204
criminal investigation has begun regarding a specified person or	9205
that a criminal action or proceeding has been commenced against a	9206
specified person, that requests the provider to supply to the	9207
officer copies of any records the provider possesses that pertain	9208
to any test or the results of any test administered to the	9209
specified person to determine the presence or concentration of	9210
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	9211
person's blood, breath, or urine at any time relevant to the	9212
criminal offense in question, and that conforms to section	9213
2317.022 of the Revised Code, the provider, except to the extent	9214
specifically prohibited by any law of this state or of the United	9215
States, shall supply to the officer a copy of any of the requested	9216
records the provider possesses. If the health care provider does	9217
not possess any of the requested records, the provider shall give	9218
the officer a written statement that indicates that the provider	9219
does not possess any of the requested records.	9220

(b) If a health care provider possesses any records of the	9221
type described in division (B)(2)(a) of this section regarding the	9222
person in question at any time relevant to the criminal offense in	9223
question, in lieu of personally testifying as to the results of	9224
the test in question, the custodian of the records may submit a	9225
certified copy of the records, and, upon its submission, the	9226
certified copy is qualified as authentic evidence and may be	9227
admitted as evidence in accordance with the Rules of Evidence.	9228
Division (A) of section 2317.422 of the Revised Code does not	9229
apply to any certified copy of records submitted in accordance	9230
with this division. Nothing in this division shall be construed	9231
to limit the right of any party to call as a witness the person	9232
who administered the test to which the records pertain, the person	9233
under whose supervision the test was administered, the custodian	9234
of the records, the person who made the records, or the person	9235
under whose supervision the records were made.	9236

(3)(a) If the testimonial privilege described in division	9237
(B)(1) of this section does not apply as provided in division	9238
(B)(1)(a)(iii) of this section, a physician or dentist may be	9239
compelled to testify or to submit to discovery under the Rules of	9240
Civil Procedure only as to a communication made to the physician	9241
or dentist by the patient in question in that relation, or the	9242
physician's or dentist's advice to the patient in question, that	9243
related causally or historically to physical or mental injuries	9244
that are relevant to issues in the medical claim, dental claim,	9245
chiropractic claim, or optometric claim, action for wrongful	9246
death, other civil action, or claim under Chapter 4123. of the	9247
Revised Code.	9248

(b) If the testimonial privilege described in division	9249
(B)(1) of this section does not apply to a physician or dentist as	9250
provided in division (B)(1)(c) of this section, the physician or	9251
dentist, in lieu of personally testifying as to the results of the	9252
test in question, may submit a certified copy of those results,	9253
and, upon its submission, the certified copy is qualified as	9254
authentic evidence and may be admitted as evidence in accordance	9255
with the Rules of Evidence. Division (A) of section 2317.422 of	9256
the Revised Code does not apply to any certified copy of results	9257
submitted in accordance with this division. Nothing in this	9258
division shall be construed to limit the right of any party to	9259
call as a witness the person who administered the test in	9260
question, the person under whose supervision the test was	9261
administered, the custodian of the results of the test, the person	9262
who compiled the results, or the person under whose supervision	9263
the results were compiled.	9264

(4) The testimonial privilege described in division (B)(1)	9265
of this section is not waived when a communication is made by a	9266
physician to a pharmacist or when there is communication between a	9267
patient and a pharmacist in furtherance of the physician-patient	9268
relation.	9269

(5)(a) As used in divisions (B)(1) to (4) of this section,	9270
"communication" means acquiring, recording, or transmitting any	9271
information, in any manner, concerning any facts, opinions, or	9272
statements necessary to enable a physician or dentist to diagnose,	9273
treat, prescribe, or act for a patient. A "communication" may	9274
include, but is not limited to, any medical or dental, office, or	9275
hospital communication such as a record, chart, letter,	9276
memorandum, laboratory test and results, x-ray, photograph,	9277
financial statement, diagnosis, or prognosis.	9278

(b) As used in division (B)(2) of this section, "health care	9279
provider" has the same meaning as in section 3729.01 of the	9280
Revised Code means a hospital, ambulatory care facility, long-term	9281
care facility, pharmacy, emergency facility, or health care	9282
practitioner.	9283

(c) As used in division (B)(5)(b) of this section:

9284

(i) "Ambulatory care facility" means a facility that provides	9285
medical, diagnostic, or surgical treatment to patients who do not	9286
require hospitalization, including a dialysis center, ambulatory	9287
surgical facility, cardiac catheterization facility, diagnostic	9288
imaging center, extracorporeal shock wave lithotripsy center, home	9289
health agency, inpatient hospice, birthing center, radiation	9290
therapy center, emergency facility, and an urgent care center.	9291
"Ambulatory health care facility" does not include the private	9292
office of a physician or dentist, whether the office is for an	9293
individual or group practice.	9294

(ii) "Emergency facility" means a hospital emergency	9295
department or any other facility that provides emergency medical	9296
services.	9297

(iii) "Health care practitioner" has the same meaning as in	9298
section 4769.01 of the Revised Code.	9299

(iv) "Hospital" has the same meaning as in section 3727.01 of	9300
the Revised Code.	9301

(v) "Long-term care facility" means a nursing home,	9302
residential care facility, or home for the aging, as those terms	9303
are defined in section 3721.01 of the Revised Code; an adult care	9304
facility, as defined in section 3722.01 of the Revised Code; a	9305
nursing facility or intermediate care facility for the mentally	9306
retarded, as those terms are defined in section 5111.20 of the	9307
Revised Code; a facility or portion of a facility certified as a	9308
skilled nursing facility under Title XVIII of the "Social Security	9309
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	9310

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	9311
the Revised Code.	9312

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	9313
apply to doctors of medicine, doctors of osteopathic medicine,	9314
doctors of podiatry, and dentists.	9315

(7) Nothing in divisions (B)(1) to (6) of this section	9316
affects, or shall be construed as affecting, the immunity from	9317
civil liability conferred by section 307.628 or 2305.33 of the	9318
Revised Code upon physicians who report an employee's use of a	9319
drug of abuse, or a condition of an employee other than one	9320
involving the use of a drug of abuse, to the employer of the	9321
employee in accordance with division (B) of that section. As used	9322
in division (B)(7) of this section, "employee," "employer," and	9323
"physician" have the same meanings as in section 2305.33 of the	9324
Revised Code.	9325

(C) A member of the clergy, rabbi, priest, or regularly	9326
ordained, accredited, or licensed minister of an established and	9327
legally cognizable church, denomination, or sect, when the member	9328
of the clergy, rabbi, priest, or minister remains accountable to	9329
the authority of that church, denomination, or sect, concerning a	9330
confession made, or any information confidentially communicated,	9331
to the member of the clergy, rabbi, priest, or minister for a	9332
religious counseling purpose in the member of the clergy's,	9333
rabbi's, priest's, or minister's professional character; however,	9334
the member of the clergy, rabbi, priest, or minister may testify	9335
by express consent of the person making the communication, except	9336
when the disclosure of the information is in violation of a sacred	9337
trust;	9338

(D) Husband or wife, concerning any communication made by	9339
one to the other, or an act done by either in the presence of the	9340
other, during coverture, unless the communication was made, or act	9341
done, in the known presence or hearing of a third person competent	9342
to be a witness; and such rule is the same if the marital relation	9343
has ceased to exist;	9344

(E) A person who assigns a claim or interest, concerning any	9345
matter in respect to which the person would not, if a party, be	9346
permitted to testify;	9347

(F) A person who, if a party, would be restricted under	9348
section 2317.03 of the Revised Code, when the property or thing is	9349
sold or transferred by an executor, administrator, guardian,	9350
trustee, heir, devisee, or legatee, shall be restricted in the	9351
same manner in any action or proceeding concerning the property or	9352
thing.	9353

(G)(1) A school guidance counselor who holds a valid	9354
educator license from the state board of education as provided for	9355
in section 3319.22 of the Revised Code, a person licensed under	9356
Chapter 4757. of the Revised Code as a professional clinical	9357
counselor, professional counselor, social worker, or independent	9358
social worker, or registered under Chapter 4757. of the Revised	9359
Code as a social work assistant concerning a confidential	9360
communication received from a client in that relation or the	9361
person's advice to a client unless any of the following applies:	9362

(a) The communication or advice indicates clear and present	9363
danger to the client or other persons. For the purposes of this	9364
division, cases in which there are indications of present or past	9365
child abuse or neglect of the client constitute a clear and	9366
present danger.	9367

(b) The client gives express consent to the testimony.

9368

(c) If the client is deceased, the surviving spouse or the	9369
executor or administrator of the estate of the deceased client	9370
gives express consent.	9371

(d) The client voluntarily testifies, in which case the	9372
school guidance counselor or person licensed or registered under	9373
Chapter 4757. of the Revised Code may be compelled to testify on	9374
the same subject.	9375

(e) The court in camera determines that the information	9376
communicated by the client is not germane to the counselor-client	9377
or social worker-client relationship.	9378

(f) A court, in an action brought against a school, its	9379
administration, or any of its personnel by the client, rules after	9380
an in-camera inspection that the testimony of the school guidance	9381
counselor is relevant to that action.	9382

(g) The testimony is sought in a civil action and concerns	9383
court-ordered treatment or services received by a patient as part	9384
of a case plan journalized under section 2151.412 of the Revised	9385
Code or the court-ordered treatment or services are necessary or	9386
relevant to dependency, neglect, or abuse or temporary or	9387
permanent custody proceedings under chapter Chapter 2151. of the	9388
Revised Code.	9389

(2) Nothing in division (G)(1) of this section shall relieve	9390
a school guidance counselor or a person licensed or registered	9391
under Chapter 4757. of the Revised Code from the requirement to	9392
report information concerning child abuse or neglect under section	9393
2151.421 of the Revised Code.	9394

(H) A mediator acting under a mediation order issued under	9395
division (A) of section 3109.052 of the Revised Code or otherwise	9396
issued in any proceeding for divorce, dissolution, legal	9397
separation, annulment, or the allocation of parental rights and	9398
responsibilities for the care of children, in any action or	9399
proceeding, other than a criminal, delinquency, child abuse, child	9400
neglect, or dependent child action or proceeding, that is brought	9401
by or against either parent who takes part in mediation in	9402
accordance with the order and that pertains to the mediation	9403
process, to any information discussed or presented in the	9404
mediation process, to the allocation of parental rights and	9405
responsibilities for the care of the parents' children, or to the	9406
awarding of parenting time rights in relation to their children;	9407

(I) A communications assistant, acting within the scope of	9408
the communication assistant's authority, when providing	9409
telecommunications relay service pursuant to section 4931.35 of	9410
the Revised Code or Title II of the "Communications Act of 1934,"	9411
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	9412
made through a telecommunications relay service. Nothing in this	9413
section shall limit the obligation of a communications assistant	9414
to divulge information or testify when mandated by federal law or	9415
regulation or pursuant to subpoena in a criminal proceeding.	9416

Nothing in this section shall limit any immunity or privilege	9417
granted under federal law or regulation.	9418

(J)(1) A chiropractor in a civil proceeding concerning a	9419
communication made to the chiropractor by a patient in that	9420
relation or the chiropractor's advice to a patient, except as	9421
otherwise provided in this division. The testimonial privilege	9422
established under this division does not apply, and a chiropractor	9423
may testify or may be compelled to testify, in any civil action,	9424
in accordance with the discovery provisions of the Rules of Civil	9425
Procedure in connection with a civil action, or in connection with	9426
a claim under Chapter 4123. of the Revised Code, under any of the	9427
following circumstances:	9428

(a) If the patient or the guardian or other legal	9429
representative of the patient gives express consent.	9430

(b) If the patient is deceased, the spouse of the patient or	9431
the executor or administrator of the patient's estate gives	9432
express consent.	9433

(c) If a medical claim, dental claim, chiropractic claim, or	9434
optometric claim, as defined in section 2305.11 of the Revised	9435
Code, an action for wrongful death, any other type of civil	9436
action, or a claim under Chapter 4123. of the Revised Code is	9437
filed by the patient, the personal representative of the estate of	9438
the patient if deceased, or the patient's guardian or other legal	9439
representative.	9440

(2) If the testimonial privilege described in division	9441
(J)(1) of this section does not apply as provided in division	9442
(J)(1)(c) of this section, a chiropractor may be compelled to	9443
testify or to submit to discovery under the Rules of Civil	9444
Procedure only as to a communication made to the chiropractor by	9445
the patient in question in that relation, or the chiropractor's	9446
advice to the patient in question, that related causally or	9447
historically to physical or mental injuries that are relevant to	9448
issues in the medical claim, dental claim, chiropractic claim, or	9449
optometric claim, action for wrongful death, other civil action,	9450
or claim under Chapter 4123. of the Revised Code.	9451

(3) The testimonial privilege established under this	9452
division does not apply, and a chiropractor may testify or be	9453
compelled to testify, in any criminal action or administrative	9454
proceeding.	9455

(4) As used in this division, "communication" means	9456
acquiring, recording, or transmitting any information, in any	9457
manner, concerning any facts, opinions, or statements necessary to	9458
enable a chiropractor to diagnosis, treat, or act for a patient. A	9459
communication may include, but is not limited to, any	9460
chiropractic, office, or hospital communication such as a record,	9461
chart, letter, memorandum, laboratory test and results, x-ray,	9462
photograph, financial statement, diagnosis, or prognosis.	9463

Sec. 2317.022.  (A) As used in this section, "health care	9464
provider" has the same meaning as in section 3729.01 2317.02 of	9465
the Revised Code.	9466

(B) If an official criminal investigation has begun	9467
regarding a person or if a criminal action or proceeding is	9468
commenced against a person, any law enforcement officer who wishes	9469
to obtain from any health care provider a copy of any records the	9470
provider possesses that pertain to any test or the result of any	9471
test administered to the person to determine the presence or	9472
concentration of alcohol, a drug of abuse, or alcohol and a drug	9473
of abuse in the person's blood, breath, or urine at any time	9474
relevant to the criminal offense in question shall submit to the	9475
health care facility a written statement in the following form:	9476

"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS

9477

To: .................... (insert name of the health care	9478
provider in question).	9479

I hereby state that an official criminal investigation has	9480
begun regarding, or a criminal action or proceeding has been	9481
commenced against, .................... (insert the name of the	9482
person in question), and that I believe that one or more tests has	9483
been administered to him that person by this health care provider	9484
to determine the presence or concentration of alcohol, a drug of	9485
abuse, or alcohol and a drug of abuse in his that person's blood,	9486
breath, or urine at a time relevant to the criminal offense in	9487
question. Therefore, I hereby request that, pursuant to division	9488
(B)(2) of section 2317.02 of the Revised Code, this health care	9489
provider supply me with copies of any records the provider	9490
possesses that pertain to any test or the results of any test	9491
administered to the person specified above to determine the	9492
presence or concentration of alcohol, a drug of abuse, or alcohol	9493
and a drug of abuse in his that person's blood, breath, or urine	9494
at any time relevant to the criminal offense in question.	9495

.....................................

9496

(Name of officer)

9497

.....................................

9498

(Officer's title)

9499

.....................................

9500

(Officer's employing agency)

9501

.....................................

9502

(Officer's telephone number)

9503

.....................................

9504

.....................................

9505

.....................................

9506

(Agency's address)

9507

.....................................

9508

(Date written statement submitted)"

9509

(C) A health care provider that receives a written statement	9510
of the type described in division (B) of this section shall comply	9511
with division (B)(2) of section 2317.02 of the Revised Code	9512
relative to the written statement.	9513

Sec. 2329.66.  (A) Every person who is domiciled in this	9514
state may hold property exempt from execution, garnishment,	9515
attachment, or sale to satisfy a judgment or order, as follows:	9516

(1)(a) In the case of a judgment or order regarding money	9517
owed for health care services rendered or health care supplies	9518
provided to the person or a dependent of the person, one parcel or	9519
item of real or personal property that the person or a dependent	9520
of the person uses as a residence. Division (A)(1)(a) of this	9521
section does not preclude, affect, or invalidate the creation	9522
under this chapter of a judgment lien upon the exempted property	9523
but only delays the enforcement of the lien until the property is	9524
sold or otherwise transferred by the owner or in accordance with	9525
other applicable laws to a person or entity other than the	9526
surviving spouse or surviving minor children of the judgment	9527
debtor. Every person who is domiciled in this state may hold	9528
exempt from a judgment lien created pursuant to division (A)(1)(a)	9529
of this section the person's interest, not to exceed five thousand	9530
dollars, in the exempted property.	9531

(b) In the case of all other judgments and orders, the	9532
person's interest, not to exceed five thousand dollars, in one	9533
parcel or item of real or personal property that the person or a	9534
dependent of the person uses as a residence.	9535

(2) The person's interest, not to exceed one thousand	9536
dollars, in one motor vehicle;	9537

(3) The person's interest, not to exceed two hundred dollars	9538
in any particular item, in wearing apparel, beds, and bedding, and	9539
the person's interest, not to exceed three hundred dollars in each	9540
item, in one cooking unit and one refrigerator or other food	9541
preservation unit;	9542

(4)(a) The person's interest, not to exceed four hundred	9543
dollars, in cash on hand, money due and payable, money to become	9544
due within ninety days, tax refunds, and money on deposit with a	9545
bank, savings and loan association, credit union, public utility,	9546
landlord, or other person. Division (A)(4)(a) of this section	9547
applies only in bankruptcy proceedings. This exemption may	9548
include the portion of personal earnings that is not exempt under	9549
division (A)(13) of this section.	9550

(b) Subject to division (A)(4)(d) of this section, the	9551
person's interest, not to exceed two hundred dollars in any	9552
particular item, in household furnishings, household goods,	9553
appliances, books, animals, crops, musical instruments, firearms,	9554
and hunting and fishing equipment, that are held primarily for the	9555
personal, family, or household use of the person;	9556

(c) Subject to division (A)(4)(d) of this section, the	9557
person's interest in one or more items of jewelry, not to exceed	9558
four hundred dollars in one item of jewelry and not to exceed two	9559
hundred dollars in every other item of jewelry;	9560

(d) Divisions (A)(4)(b) and (c) of this section do not	9561
include items of personal property listed in division (A)(3) of	9562
this section.	9563

If the person does not claim an exemption under division	9564
(A)(1) of this section, the total exemption claimed under division	9565
(A)(4)(b) of this section shall be added to the total exemption	9566
claimed under division (A)(4)(c) of this section, and the total	9567
shall not exceed two thousand dollars. If the person claims an	9568
exemption under division (A)(1) of this section, the total	9569
exemption claimed under division (A)(4)(b) of this section shall	9570
be added to the total exemption claimed under division (A)(4)(c)	9571
of this section, and the total shall not exceed one thousand five	9572
hundred dollars.	9573

(5) The person's interest, not to exceed an aggregate of	9574
seven hundred fifty dollars, in all implements, professional	9575
books, or tools of the person's profession, trade, or business,	9576
including agriculture;	9577

(6)(a) The person's interest in a beneficiary fund set	9578
apart, appropriated, or paid by a benevolent association or	9579
society, as exempted by section 2329.63 of the Revised Code;	9580

(b) The person's interest in contracts of life or endowment	9581
insurance or annuities, as exempted by section 3911.10 of the	9582
Revised Code;	9583

(c) The person's interest in a policy of group insurance or	9584
the proceeds of a policy of group insurance, as exempted by	9585
section 3917.05 of the Revised Code;	9586

(d) The person's interest in money, benefits, charity,	9587
relief, or aid to be paid, provided, or rendered by a fraternal	9588
benefit society, as exempted by section 3921.18 of the Revised	9589
Code;	9590

(e) The person's interest in the portion of benefits under	9591
policies of sickness and accident insurance and in lump-sum lump	9592
sum payments for dismemberment and other losses insured under	9593
those policies, as exempted by section 3923.19 of the Revised	9594
Code.	9595

(7) The person's professionally prescribed or medically	9596
necessary health aids;	9597

(8) The person's interest in a burial lot, including, but	9598
not limited to, exemptions under section 517.09 or 1721.07 of the	9599
Revised Code;	9600

(9) The person's interest in the following:

9601

(a) Moneys paid or payable for living maintenance or rights,	9602
as exempted by section 3304.19 of the Revised Code;	9603

(b) Workers' compensation, as exempted by section 4123.67 of	9604
the Revised Code;	9605

(c) Unemployment compensation benefits, as exempted by	9606
section 4141.32 of the Revised Code;	9607

(d) Cash assistance payments under the Ohio works first	9608
program, as exempted by section 5107.75 of the Revised Code;	9609

(e) Benefits and services under the prevention, retention,	9610
and contingency program, as exempted by section 5108.08 of the	9611
Revised Code;	9612

(f) Disability assistance payments, as exempted by section	9613
5115.07 of the Revised Code.	9614

(10)(a) Except in cases in which the person was convicted of	9615
or pleaded guilty to a violation of section 2921.41 of the Revised	9616
Code and in which an order for the withholding of restitution from	9617
payments was issued under division (C)(2)(b) of that section or in	9618
cases in which an order for withholding was issued under section	9619
2907.15 of the Revised Code, and only to the extent provided in	9620
the order, and except as provided in sections 3105.171, 3105.63,	9621
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	9622
Code, the person's right to a pension, benefit, annuity,	9623
retirement allowance, or accumulated contributions, the person's	9624
right to a participant account in any deferred compensation	9625
program offered by the Ohio public employees deferred compensation	9626
board, a government unit, or a municipal corporation, or the	9627
person's other accrued or accruing rights, as exempted by section	9628
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	9629
the Revised Code, and the person's right to benefits from the Ohio	9630
public safety officers death benefit fund;	9631

(b) Except as provided in sections 3119.80, 3119.81,	9632
3121.02, 3121.03, and 3123.06 of the Revised Code, the person's	9633
right to receive a payment under any pension, annuity, or similar	9634
plan or contract, not including a payment from a stock bonus or	9635
profit-sharing plan or a payment included in division (A)(6)(b) or	9636
(10)(a) of this section, on account of illness, disability, death,	9637
age, or length of service, to the extent reasonably necessary for	9638
the support of the person and any of the person's dependents,	9639
except if all the following apply:	9640

(i) The plan or contract was established by or under the	9641
auspices of an insider that employed the person at the time the	9642
person's rights under the plan or contract arose.	9643

(ii) The payment is on account of age or length of service.

9644

(iii) The plan or contract is not qualified under the	9645
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	9646
amended.	9647

(c) Except for any portion of the assets that were deposited	9648
for the purpose of evading the payment of any debt and except as	9649
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	9650
3123.06 of the Revised Code, the person's right in the assets held	9651
in, or to receive any payment under, any individual retirement	9652
account, individual retirement annuity, "Roth IRA," or education	9653
individual retirement account that provides benefits by reason of	9654
illness, disability, death, or age, to the extent that the assets,	9655
payments, or benefits described in division (A)(10)(c) of this	9656
section are attributable to any of the following:	9657

(i) Contributions of the person that were less than or equal	9658
to the applicable limits on deductible contributions to an	9659
individual retirement account or individual retirement annuity in	9660
the year that the contributions were made, whether or not the	9661
person was eligible to deduct the contributions on the person's	9662
federal tax return for the year in which the contributions were	9663
made;	9664

(ii) Contributions of the person that were less than or	9665
equal to the applicable limits on contributions to a Roth IRA or	9666
education individual retirement account in the year that the	9667
contributions were made;	9668

(iii) Contributions of the person that are within the	9669
applicable limits on rollover contributions under subsections 219,	9670
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	9671
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	9672
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	9673

(d) Except for any portion of the assets that were deposited	9674
for the purpose of evading the payment of any debt and except as	9675
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	9676
3123.06 of the Revised Code, the person's right in the assets held	9677
in, or to receive any payment under, any Keogh or "H.R. 10" plan	9678
that provides benefits by reason of illness, disability, death, or	9679
age, to the extent reasonably necessary for the support of the	9680
person and any of the person's dependents.	9681

(11) The person's right to receive spousal support, child	9682
support, an allowance, or other maintenance to the extent	9683
reasonably necessary for the support of the person and any of the	9684
person's dependents;	9685

(12) The person's right to receive, or moneys received	9686
during the preceding twelve calendar months from, any of the	9687
following:	9688

(a) An award of reparations under sections 2743.51 to	9689
2743.72 of the Revised Code, to the extent exempted by division	9690
(D) of section 2743.66 of the Revised Code;	9691

(b) A payment on account of the wrongful death of an	9692
individual of whom the person was a dependent on the date of the	9693
individual's death, to the extent reasonably necessary for the	9694
support of the person and any of the person's dependents;	9695

(c) Except in cases in which the person who receives the	9696
payment is an inmate, as defined in section 2969.21 of the Revised	9697
Code, and in which the payment resulted from a civil action or	9698
appeal against a government entity or employee, as defined in	9699
section 2969.21 of the Revised Code, a payment, not to exceed five	9700
thousand dollars, on account of personal bodily injury, not	9701
including pain and suffering or compensation for actual pecuniary	9702
loss, of the person or an individual for whom the person is a	9703
dependent;	9704

(d) A payment in compensation for loss of future earnings of	9705
the person or an individual of whom the person is or was a	9706
dependent, to the extent reasonably necessary for the support of	9707
the debtor and any of the debtor's dependents.	9708

(13) Except as provided in sections 3119.80, 3119.81,	9709
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	9710
earnings of the person owed to the person for services in an	9711
amount equal to the greater of the following amounts:	9712

(a) If paid weekly, thirty times the current federal minimum	9713
hourly wage; if paid biweekly, sixty times the current federal	9714
minimum hourly wage; if paid semimonthly, sixty-five times the	9715
current federal minimum hourly wage; or if paid monthly, one	9716
hundred thirty times the current federal minimum hourly wage that	9717
is in effect at the time the earnings are payable, as prescribed	9718
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9719
U.S.C. 206(a)(1), as amended;	9720

(b) Seventy-five per cent of the disposable earnings owed to	9721
the person.	9722

(14) The person's right in specific partnership property, as	9723
exempted by division (B)(3) of section 1775.24 of the Revised	9724
Code;	9725

(15) A seal and official register of a notary public, as	9726
exempted by section 147.04 of the Revised Code;	9727

(16) The person's interest in a tuition credit or a payment	9728
under section 3334.09 of the Revised Code pursuant to a tuition	9729
credit contract, as exempted by section 3334.15 of the Revised	9730
Code;	9731

(17) Any other property that is specifically exempted from	9732
execution, attachment, garnishment, or sale by federal statutes	9733
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	9734
U.S.C.A. 101, as amended;	9735

(18) The person's interest, not to exceed four hundred	9736
dollars, in any property, except that division (A)(18) of this	9737
section applies only in bankruptcy proceedings.	9738

(B) As used in this section:

9739

(1) "Disposable earnings" means net earnings after the	9740
garnishee has made deductions required by law, excluding the	9741
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	9742
3121.03, or 3123.06 of the Revised Code.	9743

(2) "Insider" means:

9744

(a) If the person who claims an exemption is an individual,	9745
a relative of the individual, a relative of a general partner of	9746
the individual, a partnership in which the individual is a general	9747
partner, a general partner of the individual, or a corporation of	9748
which the individual is a director, officer, or in control;	9749

(b) If the person who claims an exemption is a corporation,	9750
a director or officer of the corporation; a person in control of	9751
the corporation; a partnership in which the corporation is a	9752
general partner; a general partner of the corporation; or a	9753
relative of a general partner, director, officer, or person in	9754
control of the corporation;	9755

(c) If the person who claims an exemption is a partnership,	9756
a general partner in the partnership; a general partner of the	9757
partnership; a person in control of the partnership; a partnership	9758
in which the partnership is a general partner; or a relative in, a	9759
general partner of, or a person in control of the partnership;	9760

(d) An entity or person to which or whom any of the	9761
following applies:	9762

(i) The entity directly or indirectly owns, controls, or	9763
holds with power to vote, twenty per cent or more of the	9764
outstanding voting securities of the person who claims an	9765
exemption, unless the entity holds the securities in a fiduciary	9766
or agency capacity without sole discretionary power to vote the	9767
securities or holds the securities solely to secure to debt and	9768
the entity has not in fact exercised the power to vote.	9769

(ii) The entity is a corporation, twenty per cent or more of	9770
whose outstanding voting securities are directly or indirectly	9771
owned, controlled, or held with power to vote, by the person who	9772
claims an exemption or by an entity to which division (B)(2)(d)(i)	9773
of this section applies.	9774

(iii) A person whose business is operated under a lease or	9775
operating agreement by the person who claims an exemption, or a	9776
person substantially all of whose business is operated under an	9777
operating agreement with the person who claims an exemption.	9778

(iv) The entity operates the business or all or	9779
substantially all of the property of the person who claims an	9780
exemption under a lease or operating agreement.	9781

(e) An insider, as otherwise defined in this section, of a	9782
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	9783
(iv) of this section applies, as if the person or entity were a	9784
person who claims an exemption;	9785

(f) A managing agent of the person who claims an exemption.

9786

(3) "Participant account" has the same meaning as in section	9787
148.01 of the Revised Code.	9788

(4) "Government unit" has the same meaning as in section	9789
148.06 of the Revised Code.	9790

(C) For purposes of this section, "interest" shall be	9791
determined as follows:	9792

(1) In bankruptcy proceedings, as of the date a petition is	9793
filed with the bankruptcy court commencing a case under Title 11	9794
of the United States Code;	9795

(2) In all cases other than bankruptcy proceedings, as of	9796
the date of an appraisal, if necessary under section 2329.68 of	9797
the Revised Code, or the issuance of a writ of execution.	9798

An interest, as determined under division (C)(1) or (2) of	9799
this section, shall not include the amount of any lien otherwise	9800
valid pursuant to section 2329.661 of the Revised Code.	9801

Sec. 2715.041.  (A) Upon the filing of a motion for an order	9802
of attachment pursuant to section 2715.03 of the Revised Code, the	9803
plaintiff shall file with the clerk of the court a praecipe	9804
instructing the clerk to issue to the defendant against whom the	9805
motion was filed a notice of the proceeding. Upon receipt of the	9806
praecipe, the clerk shall issue the notice which shall be in	9807
substantially the following form:	9808

(Case Caption)

9811

NOTICE

9812

You are hereby notified that (name and address of plaintiff),	9813
the plaintiff in this proceeding, has applied to this court for	9814
the attachment of property in your possession. The basis for this	9815
application is indicated in the documents that are enclosed with	9816
this notice.	9817

The law of Ohio and the United States provides that certain	9818
benefit payments cannot be taken from you to pay a debt. Typical	9819
among the benefits that cannot be attached or executed on by a	9820
creditor are:	9821

(1) Workers' compensation benefits;

9822

(2) Unemployment compensation payments;

9823

(3) Cash assistance payments under the Ohio works first	9824
program;	9825

(4) Benefits and services under the prevention, retention,	9826
and contingency program;	9827

(5) Disability assistance administered by the Ohio department	9828
of job and family services;	9829

(5)(6) Social security benefits;

9830

(6)(7) Supplemental security income (S.S.I.);

9831

(7)(8) Veteran's benefits;

9832

(8)(9) Black lung benefits;

9833

(9)(10) Certain pensions.

9834

Additionally, your wages never can be taken to pay a debt	9835
until a judgment has been obtained against you. There may be	9836
other benefits not included in this list that apply in your case.	9837

If you dispute the plaintiff's claim and believe that you are	9838
entitled to retain possession of the property because it is exempt	9839
or for any other reason, you may request a hearing before this	9840
court by disputing the claim in the request for hearing form	9841
appearing below, or in a substantially similar form, and	9842
delivering the request for the hearing to this court, at the	9843
office of the clerk of this court, not later than the end of the	9844
fifth business day after you receive this notice. You may state	9845
your reasons for disputing the claim in the space provided on the	9846
form, but you are not required to do so. If you do state your	9847
reasons for disputing the claim in the space provided on the form,	9848
you are not prohibited from stating any other reasons at the	9849
hearing, and if you do not state your reasons, it will not be held	9850
against you by the court and you can state your reasons at the	9851
hearing.	9852

If you request a hearing, it will be conducted in	9853
................... courtroom ........, (address of court), at	9854
.............m. on ............., .....	9855

You may avoid having a hearing but retain possession of the	9856
property until the entry of final judgment in the action by filing	9857
with the court, at the office of the clerk of this court, not	9858
later than the end of the fifth business day after you receive	9859
this notice, a bond executed by an acceptable surety in the amount	9860
of $............	9861

If you do not request a hearing or file a bond on or before	9862
the end of the fifth business day after you receive this notice,	9863
the court, without further notice to you, may order a law	9864
enforcement officer or bailiff to take possession of the property.	9865
Notice of the dates, times, places, and purposes of any subsequent	9866
hearings and of the date, time, and place of the trial of the	9867
action will be sent to you.	9868

(B) Along with the notice required by division (A) of this	9872
section, the clerk of the court also shall deliver to the	9873
defendant, in accordance with division (C) of this section, a	9874
request for hearing form together with a postage-paid,	9875
self-addressed envelope or a request for hearing form on a	9876
postage-paid, self-addressed postcard. The request for hearing	9877
shall be in substantially the following form:	9878

"(Name and Address of Court)

9879

REQUEST FOR HEARING

9881

I dispute the claim for the attachment of property in the	9882
above case and request that a hearing in this matter be held at	9883
the time and place set forth in the notice that I previously	9884
received.	9885

I dispute the claim for the following reasons:

9886

................................................................

9887

(Optional)

9888

................................................................

9889

................................................................

9890

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	9897
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	9898
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	9899
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	9900
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	9901

(C) The notice required by division (A) of this section	9902
shall be served on the defendant in duplicate not less than seven	9903
business days prior to the date on which the hearing is scheduled,	9904
together with a copy of the complaint and summons, if not	9905
previously served, and a copy of the motion for the attachment of	9906
property and the affidavit attached to the motion, in the same	9907
manner as provided in the Rules of Civil Procedure for the service	9908
of process. Service may be effected by publication as provided in	9909
the Rules of Civil Procedure except that the number of weeks for	9910
publication may be reduced by the court to the extent appropriate.	9911

Sec. 2715.045.  (A) Upon the filing of a motion for	9912
attachment, a court may issue an order of attachment without	9913
issuing notice to the defendant against whom the motion was filed	9914
and without conducting a hearing if the court finds that there is	9915
probable cause to support the motion and that the plaintiff that	9916
filed the motion for attachment will suffer irreparable injury if	9917
the order is delayed until the defendant against whom the motion	9918
has been filed has been given the opportunity for a hearing. The	9919
court's findings shall be based upon the motion and affidavit	9920
filed pursuant to section 2715.03 of the Revised Code and any	9921
other relevant evidence that it may wish to consider.	9922

(B) A finding by the court that the plaintiff will suffer	9923
irreparable injury may be made only if the court finds the	9924
existence of either of the following circumstances:	9925

(1) There is present danger that the property will be	9926
immediately disposed of, concealed, or placed beyond the	9927
jurisdiction of the court.	9928

(2) The value of the property will be impaired substantially	9929
if the issuance of an order of attachment is delayed.	9930

(C)(1) Upon the issuance by a court of an order of	9931
attachment without notice and hearing pursuant to this section,	9932
the plaintiff shall file the order with the clerk of the court,	9933
together with a praecipe instructing the clerk to issue to the	9934
defendant against whom the order was issued a copy of the motion,	9935
affidavit, and order of attachment, and a notice that an order of	9936
attachment was issued and that the defendant has a right to a	9937
hearing on the matter. The clerk then immediately shall serve	9938
upon the defendant, in the manner provided by the Rules of Civil	9939
Procedure for service of process, a copy of the complaint and	9940
summons, if not previously served, a copy of the motion,	9941
affidavit, and order of attachment, and the following notice:	9942

"(Name and Address of the Court)

9943

NOTICE

9945

You are hereby notified that this court has issued an order	9946
in the above case in favor of (name and address of plaintiff), the	9947
plaintiff in this proceeding, directing that property now in your	9948
possession, be taken from you. This order was issued on the basis	9949
of the plaintiff's claim against you as indicated in the documents	9950
that are enclosed with this notice.	9951

The law of Ohio and the United States provides that certain	9952
benefit payments cannot be taken from you to pay a debt. Typical	9953
among the benefits that cannot be attached or executed on by a	9954
creditor are:	9955

(1) Workers' compensation benefits;

9956

(2) Unemployment compensation payments;

9957

(3) Cash assistance payments under the Ohio works first	9958
program;	9959

(4) Benefits and services under the prevention, retention,	9960
and contingency program;	9961

(5) Disability assistance administered by the Ohio	9962
department of job and family services;	9963

(5)(6) Social security benefits;

9964

(6)(7) Supplemental security income (S.S.I.);

9965

(7)(8) Veteran's benefits;

9966

(8)(9) Black lung benefits;

9967

(9)(10) Certain pensions.

9968

Additionally, your wages never can be taken to pay a debt	9969
until a judgment has been obtained against you. There may be	9970
other benefits not included in this list that apply in your case.	9971

If you dispute the plaintiff's claim and believe that you are	9972
entitled to possession of the property because it is exempt or for	9973
any other reason, you may request a hearing before this court by	9974
disputing the claim in the request for hearing form, appearing	9975
below, or in a substantially similar form, and delivering the	9976
request for hearing to this court at the above address, at the	9977
office of the clerk of this court, no later than the end of the	9978
fifth business day after you receive this notice. You may state	9979
your reasons for disputing the claim in the space provided on the	9980
form; however, you are not required to do so. If you do state	9981
your reasons for disputing the claim, you are not prohibited from	9982
stating any other reasons at the hearing, and if you do not state	9983
your reasons, it will not be held against you by the court and you	9984
can state your reasons at the hearing. If you request a hearing,	9985
it will be held within three business days after delivery of your	9986
request for hearing and notice of the date, time, and place of the	9987
hearing will be sent to you.	9988

You may avoid a hearing but recover and retain possession of	9989
the property until the entry of final judgment in the action by	9990
filing with the court, at the office of the clerk of this court,	9991
not later than the end of the fifth business day after you receive	9992
this notice, a bond executed by an acceptable surety in the amount	9993
of $.........	9994

If you do not request a hearing or file a bond before the end	9995
of the fifth business day after you receive this notice,	9996
possession of the property will be withheld from you during the	9997
pendency of the action. Notice of the dates, times, places, and	9998
purposes of any subsequent hearings and of the date, time, and	9999
place of the trial of the action will be sent to you.	10000

(2) Along with the notice required by division (C)(1) of	10005
this section, the clerk of the court also shall deliver to the	10006
defendant a request for hearing form together with a postage-paid,	10007
self-addressed envelope or a request for hearing form on a	10008
postage-paid, self-addressed postcard. The request for hearing	10009
shall be in substantially the following form:	10010

"(Name and Address of Court)

10011

REQUEST FOR HEARING

10013

I dispute the claim for possession of property in the above	10014
case and request that a hearing in this matter be held within	10015
three business days after delivery of this request to the court.	10016

I dispute the claim for the following reasons:

10017

..................................................................

10018

(Optional)

10019

..................................................................

10020

..................................................................

10021

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	10028
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	10029
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	10030
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	10031
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	10032

(D) The defendant may receive a hearing in accordance with	10033
section 2715.043 of the Revised Code by delivering a written	10034
request for hearing to the court within five business days after	10035
receipt of the notice provided pursuant to division (C) of this	10036
section. The request may set forth the defendant's reasons for	10037
disputing the plaintiff's claim for possession of property.	10038
However, neither the defendant's inclusion of nor failure to	10039
include such reasons upon the request constitutes a waiver of any	10040
defense of the defendant or affects the defendant's right to	10041
produce evidence at any hearing or at the trial of the action. If	10042
the request is made by the defendant, the court shall schedule a	10043
hearing within three business days after the request is made, send	10044
notice to the parties of the date, time, and place of the hearing,	10045
and hold the hearing accordingly.	10046

(E) If, after hearing, the court finds that there is not	10047
probable cause to support the motion, it shall order that the	10048
property be redelivered to the defendant without the condition of	10049
bond.	10050

Sec. 2716.13.  (A) Upon the filing of a proceeding in	10051
garnishment of property, other than personal earnings, under	10052
section 2716.11 of the Revised Code, the court shall cause the	10053
matter to be set for hearing within twelve days after that filing.	10054

(B) Upon the scheduling of a hearing relative to a	10055
proceeding in garnishment of property, other than personal	10056
earnings, under division (A) of this section, the clerk of the	10057
court immediately shall issue to the garnishee three copies of the	10058
order of garnishment of property, other than personal earnings,	10059
and of a written notice that the garnishee answer as provided in	10060
section 2716.21 of the Revised Code and the garnishee's fee	10061
required by section 2716.12 of the Revised Code. The copies of	10062
the order and of the notice shall be served upon the garnishee in	10063
the same manner as a summons is served. The copies of the order	10064
and of the notice shall not be served later than seven days prior	10065
to the date on which the hearing is scheduled. The order shall	10066
bind the property, other than personal earnings, of the judgment	10067
debtor in the possession of the garnishee at the time of service.	10068

The order of garnishment of property, other than personal	10069
earnings, and notice to answer shall be in substantially the	10070
following form:	10071

"ORDER AND NOTICE OF GARNISHMENT

10072

OF PROPERTY OTHER THAN PERSONAL EARNINGS

10073

AND ANSWER OF GARNISHEE

10074

The State of Ohio

10079

County of ............, ss

10080

..................., Judgment Creditor

10081

vs.

10082

..................., Judgment Debtor

10083

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

10084

To: ...................., Garnishee

10085

The judgment creditor in the above case has filed an	10086
affidavit, satisfactory to the undersigned, in this Court stating	10087
that you have money, property, or credits, other than personal	10088
earnings, in your hands or under your control that belong to the	10089
judgment debtor, and that some of the money, property, or credits	10090
may not be exempt from garnishment under the laws of the State of	10091
Ohio or the laws of the United States.	10092

You are therefore ordered to complete the "ANSWER OF	10093
GARNISHEE" in section (B) of this form. Return one completed and	10094
signed copy of this form to the clerk of this court together with	10095
the amount determined in accordance with the "ANSWER OF GARNISHEE"	10096
by the following date on which a hearing is tentatively scheduled	10097
relative to this order of garnishment: ............ Deliver one	10098
completed and signed copy of this form to the judgment debtor	10099
prior to that date. Keep the other completed and signed copy of	10100
this form for your files.	10101

The total probable amount now due on this judgment is	10102
$.......... The total probable amount now due includes the unpaid	10103
portion of the judgment in favor of the judgment creditor, which	10104
is $..........; interest on that judgment and, if applicable,	10105
prejudgment interest relative to that judgment at the rate of	10106
.....% per annum payable until that judgment is satisfied in full;	10107
and court costs in the amount of $...........	10108

You also are ordered to hold safely anything of value that	10109
belongs to the judgment debtor and that has to be paid to the	10110
court, as determined under the "ANSWER OF GARNISHEE" in section	10111
(B) of this form, but that is of such a nature that it cannot be	10112
so delivered, until further order of the court.	10113

Witness my hand and the seal of this court this ..........	10114
day of .........., ..........	10115

SECTION B. ANSWER OF GARNISHEE

10118

Now comes .................... the garnishee, who says:

10119

1. That the garnishee has money, property, or credits, other	10120
than personal earnings, of the judgment debtor under the	10121
garnishee's control and in the garnishee's possession.	10122

2. That property is described as:

10125

3. If the answer to line 1 is "yes" and the amount is less	10126
than the probable amount now due on the judgment, as indicated in	10127
section (A) of this form, sign and return this form and pay the	10128
amount of line 1 to the clerk of this court.	10129

4. If the answer to line 1 is "yes" and the amount is	10130
greater than that probable amount now due on the judgment, as	10131
indicated in section (A) of this form, sign and return this form	10132
and pay that probable amount now due to the clerk of this court.	10133

5. If the answer to line 1 is "yes" but the money, property,	10134
or credits are of such a nature that they cannot be delivered to	10135
the clerk of the court, indicate that by placing an "X" in this	10136
space: ...... Do not dispose of that money, property, or credits	10137
or give them to anyone else until further order of the court.	10138

6. If the answer to line 1 is "no," sign and return this	10139
form to the clerk of this court.	10140

I certify that the statements above are true.	10141

Signed ...........................................................

10147

(Signature of Person Completing Form)

10148

Dated this .......... day of .........., ....."

10149

Section A of the form described in this division shall be	10150
completed before service. Section B of the form shall be	10151
completed by the garnishee, and the garnishee shall file one	10152
completed and signed copy of the form with the clerk of the court	10153
as the garnishee's answer. The garnishee may keep one completed	10154
and signed copy of the form and shall deliver the other completed	10155
and signed copy of the form to the judgment debtor.	10156

If several affidavits seeking orders of garnishment of	10157
property, other than personal earnings, are filed against the same	10158
judgment debtor in accordance with section 2716.11 of the Revised	10159
Code, the court involved shall issue the requested orders in the	10160
same order in which the clerk received the associated affidavits.	10161

(C)(1) At the time of the filing of a proceeding in	10162
garnishment of property, other than personal earnings, under	10163
section 2716.11 of the Revised Code, the judgment creditor also	10164
shall file with the clerk of the court a praecipe instructing the	10165
clerk to issue to the judgment debtor a notice to the judgment	10166
debtor form and a request for hearing form. Upon receipt of the	10167
praecipe and the scheduling of a hearing relative to an action in	10168
garnishment of property, other than personal earnings, under	10169
division (A) of this section, the clerk of the court immediately	10170
shall serve upon the judgment debtor, in accordance with division	10171
(D) of this section, two copies of the notice to the judgment	10172
debtor form and of the request for hearing form. The copies of	10173
the notice to the judgment debtor form and of the request for	10174
hearing form shall not be served later than seven days prior to	10175
the date on which the hearing is scheduled.	10176

(a) The notice to the judgment debtor that must be served	10177
upon the judgment debtor shall be in substantially the following	10178
form:	10179

"(Name and Address of the Court)

10180

(Case Caption) ......................... Case No. .............

10181

NOTICE TO THE JUDGMENT DEBTOR

10182

You are hereby notified that this court has issued an order	10183
in the above case in favor of (name and address of judgment	10184
creditor), the judgment creditor in this proceeding, directing	10185
that some of your money, property, or credits, other than personal	10186
earnings, now in the possession of (name and address of	10187
garnishee), the garnishee in this proceeding, be used to satisfy	10188
your debt to the judgment creditor. This order was issued on the	10189
basis of the judgment creditor's judgment against you that was	10190
obtained in (name of court) in (case number) on (date). Upon your	10191
receipt of this notice, you are prohibited from removing or	10192
attempting to remove the money, property, or credits until	10193
expressly permitted by the court. Any violation of this	10194
prohibition subjects you to punishment for contempt of court.	10195

The law of Ohio and the United States provides that certain	10196
benefit payments cannot be taken from you to pay a debt. Typical	10197
among the benefits that cannot be attached or executed upon by a	10198
creditor are the following:	10199

(1) Workers' compensation benefits;

10200

(2) Unemployment compensation payments;

10201

(3) Cash assistance payments under the Ohio works first	10202
program;	10203

(4) Benefits and services under the prevention, retention,	10204
and contingency program;	10205

(5) Disability assistance administered by the Ohio department	10206
of job and family services;	10207

(5)(6) Social security benefits;

10208

(6)(7) Supplemental security income (S.S.I.);

10209

(7)(8) Veteran's benefits;

10210

(8)(9) Black lung benefits;

10211

(9)(10) Certain pensions.

10212

There may be other benefits not included in the above list	10213
that apply in your case.	10214

If you dispute the judgment creditor's right to garnish your	10215
property and believe that the judgment creditor should not be	10216
given your money, property, or credits, other than personal	10217
earnings, now in the possession of the garnishee because they are	10218
exempt or if you feel that this order is improper for any other	10219
reason, you may request a hearing before this court by disputing	10220
the claim in the request for hearing form, appearing below, or in	10221
a substantially similar form, and delivering the request for	10222
hearing to this court at the above address, at the office of the	10223
clerk of this court no later than the end of the fifth business	10224
day after you receive this notice. You may state your reasons for	10225
disputing the judgment creditor's right to garnish your property	10226
in the space provided on the form; however, you are not required	10227
to do so. If you do state your reasons for disputing the judgment	10228
creditor's right, you are not prohibited from stating any other	10229
reason at the hearing. If you do not state your reasons, it will	10230
not be held against you by the court, and you can state your	10231
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	10232
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	10233
the hearing will be limited to a consideration of the amount of	10234
your money, property, or credits, other than personal earnings, in	10235
the possession or control of the garnishee, if any, that can be	10236
used to satisfy all or part of the judgment you owe to the	10237
judgment creditor.	10238

If you request a hearing by delivering your request for	10239
hearing no later than the end of the fifth business day after you	10240
receive this notice, it will be conducted in .......... courtroom	10241
.........., (address of court), at ..... m. on ..........,	10242
.......... You may request the court to conduct the hearing	10243
before this date by indicating your request in the space provided	10244
on the form; the court then will send you notice of any change in	10245
the date, time, or place of the hearing. If you do not request a	10246
hearing by delivering your request for a hearing no later than the	10247
end of the fifth business day after you receive this notice, some	10248
of your money, property, or credits, other than personal earnings,	10249
will be paid to the judgment creditor.	10250

If you have any questions concerning this matter, you may	10251
contact the office of the clerk of this court. If you want legal	10252
representation, you should contact your lawyer immediately. If	10253
you need the name of a lawyer, contact the local bar association.	10254

(b) The request for hearing form that must be served upon	10259
the judgment debtor shall have attached to it a postage-paid,	10260
self-addressed envelope or shall be on a postage-paid	10261
self-addressed postcard, and shall be in substantially the	10262
following form:	10263

"(Name and Address of Court)

10264

Case Number ........................... Date	10265
....................	10266

REQUEST FOR HEARING

10267

I dispute the judgment creditor's right to garnish my money,	10268
property, or credits, other than personal earnings, in the above	10269
case and request that a hearing in this matter be held	10270

..................................................................

10271

(Insert "on" or "earlier than")

10272

the date and time set forth in the document entitled "NOTICE TO	10273
THE JUDGMENT DEBTOR" that I received with this request form.	10274

I dispute the judgment creditor's right to garnish my	10275
property for the following reasons:	10276

..................................................................

10277

(Optional)

10278

..................................................................

10279

..................................................................

10280

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	10281
BE HEARD OR CONSIDERED AT THE HEARING.	10282

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	10289
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	10290
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	10291
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	10292
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	10293
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	10294
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	10295
CREDITOR'S NAME)."	10296

(2) The judgment debtor may receive a hearing in accordance	10297
with this division by delivering a written request for hearing to	10298
the court within five business days after receipt of the notice	10299
provided pursuant to division (C)(1) of this section. The request	10300
may set forth the judgment debtor's reasons for disputing the	10301
judgment creditor's right to garnish the money, property, or	10302
credits, other than personal earnings; however, neither the	10303
judgment debtor's inclusion of nor failure to include those	10304
reasons upon the request constitutes a waiver of any defense of	10305
the judgment debtor or affects the judgment debtor's right to	10306
produce evidence at the hearing. If the request is made by the	10307
judgment debtor within the prescribed time, the hearing shall be	10308
limited to a consideration of the amount of money, property, or	10309
credits, other than personal earnings, of the judgment debtor in	10310
the hands of the garnishee, if any, that can be used to satisfy	10311
all or part of the debt owed by the judgment debtor to the	10312
judgment creditor. If a request for a hearing is not received by	10313
the court within the prescribed time, the hearing scheduled	10314
pursuant to division (A) of this section shall be canceled unless	10315
the court grants the judgment debtor a continuance in accordance	10316
with division (C)(3) of this section.	10317

(3) If the judgment debtor does not request a hearing in the	10318
action within the prescribed time pursuant to division (C)(2) of	10319
this section, the court nevertheless may grant a continuance of	10320
the scheduled hearing if the judgment debtor, prior to the time at	10321
which the hearing was scheduled, as indicated on the notice to the	10322
judgment debtor required by division (C)(1) of this section,	10323
establishes a reasonable justification for failure to request the	10324
hearing within the prescribed time. If the court grants a	10325
continuance of the hearing, it shall cause the matter to be set	10326
for hearing as soon as practicable thereafter. The continued	10327
hearing shall be conducted in accordance with division (C)(2) of	10328
this section.	10329

(4) The court may conduct the hearing on the matter prior to	10330
the time at which the hearing was scheduled, as indicated on the	10331
notice to the judgment debtor required by division (C)(1) of this	10332
section, upon the request of the judgment debtor. The parties	10333
shall be sent notice, by the clerk of the court, by regular mail,	10334
of any change in the date, time, or place of the hearing.	10335

(5) If the scheduled hearing is canceled and no continuance	10336
is granted, the court shall issue an order to the garnishee to pay	10337
all or some of the money, property, or credits, other than	10338
personal earnings, of the judgment debtor in the possession of the	10339
garnishee at the time of service of the notice and order into	10340
court if they have not already been paid to the court. This order	10341
shall be based on the answer of the garnishee filed pursuant to	10342
this section. If the scheduled hearing is conducted or if it is	10343
continued and conducted, the court shall determine at the hearing	10344
the amount of the money, property, or credits, other than personal	10345
earnings, of the judgment debtor in the possession of the	10346
garnishee at the time of service of the notice and order, if any,	10347
that can be used to satisfy all or part of the debt owed by the	10348
judgment debtor to the judgment creditor, and issue an order,	10349
accordingly, to the garnishee to pay that amount into court if it	10350
has not already been paid to the court.	10351

(D) The notice to the judgment debtor form and the request	10352
for hearing form described in division (C) of this section shall	10353
be sent by the clerk by ordinary or regular mail service unless	10354
the judgment creditor requests that service be made in accordance	10355
with the Rules of Civil Procedure, in which case the forms shall	10356
be served in accordance with the Rules of Civil Procedure. Any	10357
court of common pleas that issues an order of garnishment of	10358
property, other than personal earnings, under this section has	10359
jurisdiction to serve process pursuant to this section upon a	10360
garnishee who does not reside within the jurisdiction of the	10361
court. Any county court or municipal court that issues an order	10362
of garnishment of property, other than personal earnings, under	10363
this section has jurisdiction to serve process pursuant to this	10364
section upon a garnishee who does not reside within the	10365
jurisdiction of the court.	10366

Sec. 2921.13.  (A) No person shall knowingly make a false	10367
statement, or knowingly swear or affirm the truth of a false	10368
statement previously made, when any of the following applies:	10369

(1) The statement is made in any official proceeding.

10370

(2) The statement is made with purpose to incriminate	10371
another.	10372

(3) The statement is made with purpose to mislead a public	10373
official in performing the public official's official function.	10374

(4) The statement is made with purpose to secure the payment	10375
of unemployment compensation; Ohio works first; prevention,	10376
retention, and contingency assistance benefits and services;	10377
disability assistance; retirement benefits; economic development	10378
assistance, as defined in section 9.66 of the Revised Code; or	10379
other benefits administered by a governmental agency or paid out	10380
of a public treasury.	10381

(5) The statement is made with purpose to secure the	10382
issuance by a governmental agency of a license, permit,	10383
authorization, certificate, registration, release, or provider	10384
agreement.	10385

(6) The statement is sworn or affirmed before a notary	10386
public or another person empowered to administer oaths.	10387

(7) The statement is in writing on or in connection with a	10388
report or return that is required or authorized by law.	10389

(8) The statement is in writing and is made with purpose to	10390
induce another to extend credit to or employ the offender, to	10391
confer any degree, diploma, certificate of attainment, award of	10392
excellence, or honor on the offender, or to extend to or bestow	10393
upon the offender any other valuable benefit or distinction, when	10394
the person to whom the statement is directed relies upon it to	10395
that person's detriment.	10396

(9) The statement is made with purpose to commit or	10397
facilitate the commission of a theft offense.	10398

(10) The statement is knowingly made to a probate court in	10399
connection with any action, proceeding, or other matter within its	10400
jurisdiction, either orally or in a written document, including,	10401
but not limited to, an application, petition, complaint, or other	10402
pleading, or an inventory, account, or report.	10403

(11) The statement is made on an account, form, record,	10404
stamp, label, or other writing that is required by law.	10405

(12) The statement is made in connection with the purchase	10406
of a firearm, as defined in section 2923.11 of the Revised Code,	10407
and in conjunction with the furnishing to the seller of the	10408
firearm of a fictitious or altered driver's or commercial driver's	10409
license or permit, a fictitious or altered identification card, or	10410
any other document that contains false information about the	10411
purchaser's identity.	10412

(13) The statement is made in a document or instrument of	10413
writing that purports to be a judgment, lien, or claim of	10414
indebtedness and is filed or recorded with the secretary of state,	10415
a county recorder, or the clerk of a court of record.	10416

(B) No person, in connection with the purchase of a firearm,	10417
as defined in section 2923.11 of the Revised Code, shall knowingly	10418
furnish to the seller of the firearm a fictitious or altered	10419
driver's or commercial driver's license or permit, a fictitious or	10420
altered identification card, or any other document that contains	10421
false information about the purchaser's identity.	10422

(C) It is no defense to a charge under division (A)(4) of	10423
this section that the oath or affirmation was administered or	10424
taken in an irregular manner.	10425

(D) If contradictory statements relating to the same fact	10426
are made by the offender within the period of the statute of	10427
limitations for falsification, it is not necessary for the	10428
prosecution to prove which statement was false but only that one	10429
or the other was false.	10430

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	10431
(6), (7), (8), (10), (11), or (13) of this section is guilty of	10432
falsification, a misdemeanor of the first degree.	10433

(2) Whoever violates division (A)(9) of this section is	10434
guilty of falsification in a theft offense. Except as otherwise	10435
provided in this division, falsification in a theft offense is a	10436
misdemeanor of the first degree. If the value of the property or	10437
services stolen is five hundred dollars or more and is less than	10438
five thousand dollars, falsification in a theft offense is a	10439
felony of the fifth degree. If the value of the property or	10440
services stolen is five thousand dollars or more and is less than	10441
one hundred thousand dollars, falsification in a theft offense is	10442
a felony of the fourth degree. If the value of the property or	10443
services stolen is one hundred thousand dollars or more,	10444
falsification in a theft offense is a felony of the third degree.	10445

(3) Whoever violates division (A)(12) or (B) of this	10446
section is guilty of falsification to purchase a firearm, a felony	10447
of the fifth degree.	10448

(F) A person who violates this section is liable in a civil	10449
action to any person harmed by the violation for injury, death, or	10450
loss to person or property incurred as a result of the commission	10451
of the offense and for reasonable attorney's fees, court costs,	10452
and other expenses incurred as a result of prosecuting the civil	10453
action commenced under this division. A civil action under this	10454
division is not the exclusive remedy of a person who incurs	10455
injury, death, or loss to person or property as a result of a	10456
violation of this section.	10457

Sec. 2949.091.  (A)(1) The court, in which any person is	10458
convicted of or pleads guilty to any offense other than a traffic	10459
offense that is not a moving violation, shall impose the sum of	10460
eleven thirteen dollars as costs in the case in addition to any	10461
other court costs that the court is required by law to impose upon	10462
the offender. All such moneys collected during a month shall be	10463
transmitted on or before the twentieth day of the following month	10464
by the clerk of the court to the treasurer of state and deposited	10465
by the. The treasurer of state shall deposit eleven-thirteenths of	10466
the moneys transmitted into the general revenue fund. The	10467
treasurer of state shall deposit two-thirteenths of the moneys	10468
transmitted into the state treasury to the credit of the county	10469
public defender reimbursement fund, which is hereby created. All	10470
moneys credited to the fund shall be used by the state public	10471
defender to reimburse counties for the operation of county public	10472
defender offices, joint county public defender offices, and county	10473
appointed counsel systems pursuant to sections 120.18, 120.28, and	10474
120.33 of the Revised Code.	10475

The court shall not waive the payment of the additional	10476
eleven thirteen dollars court costs, unless the court determines	10477
that the offender is indigent and waives the payment of all court	10478
costs imposed upon the indigent offender.	10479

(2) The juvenile court, in which a child is found to be a	10480
delinquent child or a juvenile traffic offender for an act which,	10481
if committed by an adult, would be an offense other than a traffic	10482
offense that is not a moving violation, shall impose the sum of	10483
eleven thirteen dollars as costs in the case in addition to any	10484
other court costs that the court is required or permitted by law	10485
to impose upon the delinquent child or juvenile traffic offender.	10486
All such moneys collected during a month shall be transmitted on	10487
or before the twentieth day of the following month by the clerk of	10488
the court to the treasurer of state and deposited by the. The	10489
treasurer of state shall deposit eleven-thirteenths of the moneys	10490
transmitted into the general revenue fund. The eleven treasurer	10491
of state shall deposit two-thirteenths of the moneys transmitted	10492
into the county public defender reimbursement fund.	10493

The thirteen dollars court costs shall be collected in all	10494
cases unless the court determines the juvenile is indigent and	10495
waives the payment of all court costs, or enters an order on its	10496
journal stating that it has determined that the juvenile is	10497
indigent, that no other court costs are to be taxed in the case,	10498
and that the payment of the eleven thirteen dollars court costs is	10499
waived.	10500

(B) Whenever a person is charged with any offense other than	10501
a traffic offense that is not a moving violation and posts bail,	10502
the court shall add to the amount of the bail the eleven thirteen	10503
dollars required to be paid by division (A)(1) of this section.	10504
The eleven thirteen dollars shall be retained by the clerk of the	10505
court until the person is convicted, pleads guilty, forfeits bail,	10506
is found not guilty, or has the charges dismissed. If the person	10507
is convicted, pleads guilty, or forfeits bail, the clerk shall	10508
transmit the eleven thirteen dollars on or before the twentieth	10509
day of the month following the month in which the person was	10510
convicted, pleaded guilty, or forfeited bail to the treasurer of	10511
state, who. The treasurer of state shall deposit it eleven of the	10512
thirteen dollars into the general revenue fund and two of the	10513
thirteen dollars into the county public defender reimbursement	10514
fund. If the person is found not guilty or the charges are	10515
dismissed, the clerk shall return the eleven thirteen dollars to	10516
the person.	10517

(C) No person shall be placed or held in a detention	10518
facility for failing to pay the additional eleven thirteen dollars	10519
court costs or bail that are required to be paid by this section.	10520

(D) As used in this section:

10521

(1) "Moving violation" and "bail" have the same meanings as	10522
in section 2743.70 of the Revised Code.	10523

(2) "Detention facility" has the same meaning as in section	10524
2921.01 of the Revised Code.	10525

Sec. 2953.21.  (A)(1) Any person who has been convicted of a	10526
criminal offense or adjudicated a delinquent child and who claims	10527
that there was such a denial or infringement of the person's	10528
rights as to render the judgment void or voidable under the Ohio	10529
Constitution or the Constitution of the United States may file a	10530
petition in the court that imposed sentence, stating the grounds	10531
for relief relied upon, and asking the court to vacate or set	10532
aside the judgment or sentence or to grant other appropriate	10533
relief. The petitioner may file a supporting affidavit and other	10534
documentary evidence in support of the claim for relief.	10535

(2) A petition under division (A)(1) of this section shall	10536
be filed no later than one hundred eighty days after the date on	10537
which the trial transcript is filed in the court of appeals in the	10538
direct appeal of the judgment of conviction or adjudication or, if	10539
the direct appeal involves a sentence of death, the date on which	10540
the trial transcript is filed in the supreme court. If no appeal	10541
is taken, the petition shall be filed no later than one hundred	10542
eighty days after the expiration of the time for filing the	10543
appeal.	10544

(3) In a petition filed under division (A) of this section,	10545
a person upon whom a sentence of death has been imposed may ask	10546
the court to render void or voidable the judgment with respect to	10547
the conviction of aggravated murder or the specification of an	10548
aggravating circumstance.	10549

(4) A petitioner shall state in the original or amended	10550
petition filed under division (A) of this section all grounds for	10551
relief claimed by the petitioner. Except as provided in section	10552
2953.23 of the Revised Code, any ground for relief that is not so	10553
stated in the petition is waived.	10554

(5) If the petitioner in a petition filed under division (A)	10555
of this section was convicted of or pleaded guilty to a felony,	10556
the petition may include a claim that the petitioner was denied	10557
the equal protection of the laws in violation of the Ohio	10558
Constitution or the United States Constitution because the	10559
sentence imposed upon the petitioner for the felony was part of a	10560
consistent pattern of disparity in sentencing by the judge who	10561
imposed the sentence, with regard to the petitioner's race,	10562
gender, ethnic background, or religion. If the supreme court	10563
adopts a rule requiring a court of common pleas to maintain	10564
information with regard to an offender's race, gender, ethnic	10565
background, or religion, the supporting evidence for the petition	10566
shall include, but shall not be limited to, a copy of that type of	10567
information relative to the petitioner's sentence and copies of	10568
that type of information relative to sentences that the same judge	10569
imposed upon other persons.	10570

(B) The clerk of the court in which the petition is filed	10571
shall docket the petition and bring it promptly to the attention	10572
of the court. The petitioner need not serve a copy of the	10573
petition on the prosecuting attorney. The clerk of the court in	10574
which the petition is filed immediately shall forward a copy of	10575
the petition to the prosecuting attorney of that county.	10576

(C) The court shall consider a petition that is timely filed	10577
under division (A)(2) of this section even if a direct appeal of	10578
the judgment is pending. Before granting a hearing on a petition	10579
filed under division (A) of this section, the court shall	10580
determine whether there are substantive grounds for relief. In	10581
making such a determination, the court shall consider, in addition	10582
to the petition, the supporting affidavits, and the documentary	10583
evidence, all the files and records pertaining to the proceedings	10584
against the petitioner, including, but not limited to, the	10585
indictment, the court's journal entries, the journalized records	10586
of the clerk of the court, and the court reporter's transcript.	10587
The court reporter's transcript, if ordered and certified by the	10588
court, shall be taxed as court costs. If the court dismisses the	10589
petition, it shall make and file findings of fact and conclusions	10590
of law with respect to such dismissal.	10591

(D) Within ten days after the docketing of the petition, or	10592
within any further time that the court may fix for good cause	10593
shown, the prosecuting attorney shall respond by answer or motion.	10594
Within twenty days from the date the issues are made up, either	10595
party may move for summary judgment. The right to summary	10596
judgment shall appear on the face of the record.	10597

(E) Unless the petition and the files and records of the	10598
case show the petitioner is not entitled to relief, the court	10599
shall proceed to a prompt hearing on the issues even if a direct	10600
appeal of the case is pending. If the court notifies the parties	10601
that it has found grounds for granting relief, either party may	10602
request an appellate court in which a direct appeal of the	10603
judgment is pending to remand the pending case to the court.	10604

(F) At any time before the answer or motion is filed, the	10605
petitioner may amend the petition with or without leave or	10606
prejudice to the proceedings. The petitioner may amend the	10607
petition with leave of court at any time thereafter.	10608

(G) If the court does not find grounds for granting relief,	10609
it shall make and file findings of fact and conclusions of law and	10610
shall enter judgment denying relief on the petition. If no direct	10611
appeal of the case is pending and the court finds grounds for	10612
relief or if a pending direct appeal of the case has been remanded	10613
to the court pursuant to a request made pursuant to division (E)	10614
of this section and the court finds grounds for granting relief,	10615
it shall make and file findings of fact and conclusions of law and	10616
shall enter a judgment that vacates and sets aside the judgment in	10617
question, and, in the case of a petitioner who is a prisoner in	10618
custody, shall discharge or resentence the petitioner or grant a	10619
new trial as the court determines appropriate. The court also may	10620
make supplementary orders to the relief granted, concerning such	10621
matters as rearraignment, retrial, custody, and bail. If the	10622
trial court's order granting the petition is reversed on appeal	10623
and if the direct appeal of the case has been remanded from an	10624
appellate court pursuant to a request under division (E) of this	10625
section, the appellate court reversing the order granting the	10626
petition shall notify the appellate court in which the direct	10627
appeal of the case was pending at the time of the remand of the	10628
reversal and remand of the trial court's order. Upon the reversal	10629
and remand of the trial court's order granting the petition,	10630
regardless of whether notice is sent or received, the direct	10631
appeal of the case that was remanded is reinstated.	10632

(H) Upon the filing of a petition pursuant to division (A)	10633
of this section by a prisoner in a state correctional institution	10634
who has received the death penalty, the court may stay execution	10635
of the judgment challenged by the petition.	10636

(I)(1) If a person who has received the death penalty	10637
intends to file a petition under this section, the court shall	10638
appoint counsel to represent the person upon a finding that the	10639
person is indigent and that the person either accepts the	10640
appointment of counsel or is unable to make a competent decision	10641
whether to accept or reject the appointment of counsel. The court	10642
may decline to appoint counsel for the person only upon a finding,	10643
after a hearing if necessary, that the person rejects the	10644
appointment of counsel and understands the legal consequences of	10645
that decision or upon a finding that the person is not indigent.	10646

(2) The court shall not appoint as counsel under division	10647
(I)(1) of this section an attorney who represented the petitioner	10648
at trial in the case to which the petition relates unless the	10649
person and the attorney expressly request the appointment. The	10650
court shall appoint as counsel under division (I)(1) of this	10651
section only an attorney who is certified under Rule 65 20 of the	10652
Rules of Superintendence for the Courts of Common Pleas Ohio to	10653
represent indigent defendants charged with or convicted of an	10654
offense for which the death penalty can be or has been imposed.	10655
The ineffectiveness or incompetence of counsel during proceedings	10656
under this section does not constitute grounds for relief in a	10657
proceeding under this section, in an appeal of any action under	10658
this section, or in an application to reopen a direct appeal.	10659

(3) Division (I) of this section does not preclude attorneys	10660
who represent the state of Ohio from invoking the provisions of 28	10661
U.S.C. 154 with respect to capital cases that were pending in	10662
federal habeas corpus proceedings prior to the effective date of	10663
this amendment insofar as the petitioners in those cases were	10664
represented in proceedings under this section by one or more	10665
counsel appointed by the court under this section or section	10666
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those	10667
appointed counsel meet the requirements of division (I)(2) of this	10668
section.	10669

(J) Subject to the appeal of a sentence for a felony that is	10670
authorized by section 2953.08 of the Revised Code, the remedy set	10671
forth in this section is the exclusive remedy by which a person	10672
may bring a collateral challenge to the validity of a conviction	10673
or sentence in a criminal case or to the validity of an	10674
adjudication of a child as a delinquent child for the commission	10675
of an act that would be a criminal offense if committed by an	10676
adult or the validity of a related order of disposition.	10677

Sec. 3109.14.  (A) As used in this section, "birth record"	10678
and "certification of birth" have the meanings given in section	10679
3705.01 of the Revised Code.	10680

(B)(1) The director of health, a person authorized by the	10681
director, a local commissioner of health, or a local registrar of	10682
vital statistics shall charge and collect a fee for each certified	10683
copy of a birth record and, for each certification of birth a fee	10684
of two dollars, and for each copy of a death record a fee of two	10685
dollars,. Until October 1, 2001, the fee shall be two dollars. On	10686
and after October 1, 2001, the fee shall be three dollars. The	10687
fee is in addition to the fee imposed by section 3705.24 or any	10688
other section of the Revised Code. A local commissioner of health	10689
or a local registrar of vital statistics may retain an amount of	10690
each additional fee collected, not to exceed three per cent of the	10691
amount of the additional fee, to be used for costs directly	10692
related to the collection of the fee and the forwarding of the fee	10693
to the treasurer of state.	10694

(2) Upon the filing for a divorce decree under section	10695
3105.10 or a decree of dissolution under section 3105.65 of the	10696
Revised Code, a court of common pleas shall charge and collect a	10697
fee of ten dollars. Until October 1, 2001, the fee shall be ten	10698
dollars. On and after October 1, 2001, the fee shall be eleven	10699
dollars. The fee is in addition to any other court costs or fees.	10700
The county clerk of courts may retain an amount of each additional	10701
fee collected, not to exceed three per cent of the amount of the	10702
additional fee, to be used for costs directly related to the	10703
collection of the fee and the forwarding of the fee to the	10704
treasurer of state.	10705

(C) The additional fees collected, but not retained, under	10706
this section during each month shall be forwarded not later than	10707
the tenth day of the immediately following month to the treasurer	10708
of state, who shall deposit the fees in the state treasury to the	10709
credit of the children's trust fund, which is hereby created. A	10710
person or government entity that fails to forward the fees in a	10711
timely manner, as determined by the treasurer of state, shall	10712
forward to the treasurer of state, in addition to the fees, a	10713
penalty equal to ten per cent of the fees.	10714

The treasurer of state shall invest the moneys in the fund,	10715
and all earnings resulting from investment of the fund shall be	10716
credited to the fund, except that actual administrative costs	10717
incurred by the treasurer of state in administering the fund may	10718
be deducted from the earnings resulting from investments. The	10719
amount that may be deducted shall not exceed three per cent of the	10720
total amount of fees credited to the fund in each fiscal year,	10721
except that the children's trust fund board may approve an amount	10722
for actual administrative costs exceeding three per cent but not	10723
exceeding four per cent of such amount. The balance of the	10724
investment earnings shall be credited to the fund. Moneys	10725
credited to the fund shall be used only for the purposes described	10726
in sections 3109.13 to 3109.18 of the Revised Code.	10727

Sec. 3301.075.  The state board of education shall adopt	10728
rules governing the purchasing and leasing of data processing	10729
services and equipment for all local, exempted village, city, and	10730
joint vocational school districts and all educational service	10731
centers. Such rules shall include provisions for the	10732
establishment of an Ohio education computer network under	10733
procedures, guidelines, and specifications of the department of	10734
education.	10735

The department shall administer funds appropriated for the	10736
Ohio education computer network to ensure its efficient and	10737
economical operation and shall approve no more than twenty-seven	10738
data acquisition sites to operate concurrently. Such sites shall	10739
be approved for funding in accordance with rules of the state	10740
board adopted under this section that shall provide for the	10741
superintendent of public instruction to require the membership of	10742
each data acquisition site to be composed of combinations of	10743
school districts and educational service centers from contiguous	10744
counties having sufficient students to support an efficient,	10745
economical comprehensive program of computer services to member	10746
districts and educational service centers. Each data acquisition	10747
site, other than sites organized under Chapter 167. of the Revised	10748
Code prior to the effective date of this section, shall be	10749
organized in accordance with section 3313.92 or Chapter 167. of	10750
the Revised Code.	10751

The department of education may contract with an independent	10752
for profit or nonprofit entity to provide current and historical	10753
information on Ohio government through the Ohio education computer	10754
network to school district libraries operating in accordance with	10755
section 3375.14 of the Revised Code in order to assist school	10756
teachers in social studies course instruction and support student	10757
research projects. Any such contract shall be awarded in	10758
accordance with Chapter 125. of the Revised Code.	10759

Sec. 3301.70.  (A) The state board of education is the	10760
designated state agency responsible for the coordination and	10761
administration of sections 110 to 118 of the "National and	10762
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	10763
12401 to 12431, and amendments thereto as amended. With the	10764
assistance of the state Ohio community service advisory committee	10765
council created in section 121.40 of the Revised Code, the state	10766
board shall coordinate with other state agencies to apply for	10767
funding under the act when appropriate.	10768

(B) With the assistance of the state Ohio community service	10769
advisory committee council, the state board of education shall	10770
develop a plan to assist school districts in the implementation of	10771
section 3313.605 of the Revised Code and other community service	10772
activities of school districts. The state board shall encourage	10773
the development of school district programs meeting the	10774
requirements for funding under the "National and Community Service	10775
Act of 1990." The plan shall include the investigation of funding	10776
from all available sources for school community service education	10777
programs, including funds available under the "National and	10778
Community Service Act of 1990," and the provision of technical	10779
assistance to school districts for the implementation of community	10780
service education programs. The plan shall also provide for	10781
technical assistance to be given to school boards to assist in	10782
obtaining funds for community service education programs from any	10783
source.	10784

(C) With the assistance of the state Ohio community service	10785
advisory committee council, the state board of education shall do	10786
all of the following:	10787

(1) Disseminate information about school district community	10788
service education programs to other school districts and to	10789
statewide organizations involved with or promoting volunteerism;	10790

(2) Recruit additional school districts to develop community	10791
service education programs;	10792

(3) Identify or develop model community service programs,	10793
teacher training courses, and community service curricula and	10794
teaching materials for possible use by school districts in their	10795
programs.	10796

Sec. 3301.80.  (A) There is hereby created the Ohio	10797
SchoolNet commission as an independent agency. The commission	10798
shall administer programs to provide financial and other	10799
assistance to school districts and other educational institutions	10800
for the acquisition and utilization of educational technology.	10801

The commission is a body corporate and politic, an agency of	10802
the state performing essential governmental functions of the	10803
state.	10804

(B)(1) The commission shall consist of eleven members, seven	10805
of whom are voting members. Of the voting members, one shall be	10806
appointed by the speaker of the house of representatives and one	10807
shall be appointed by the president of the senate. The members	10808
appointed by the speaker of the house and the president of the	10809
senate shall not be members of the general assembly. The state	10810
superintendent of public instruction or a designee of the	10811
superintendent, the director of budget and management or a	10812
designee of the director, the director of administrative services	10813
or a designee of the director, the chairperson of the public	10814
utilities commission or a designee of the chairperson, and the	10815
director of the Ohio educational telecommunications network	10816
commission or a designee of the director shall serve on the	10817
commission as ex officio voting members. Of the nonvoting	10818
members, two shall be members of the house of representatives	10819
appointed by the speaker of the house and two shall be members of	10820
the senate appointed by the president of the senate. The members	10821
appointed from each house shall not be members of the same	10822
political party. The superintendent of public instruction or the	10823
superintendent's designee shall be the chairperson of the	10824
commission.	10825

(2) The members shall serve without compensation. The	10826
voting members appointed by the speaker of the house of	10827
representatives and the president of the senate shall be	10828
reimbursed, pursuant to office of budget and management	10829
guidelines, for necessary expenses incurred in the performance of	10830
official duties.	10831

(3) The terms of office for the members appointed by the	10832
speaker of the house and the president of the senate shall be for	10833
two years, with each term ending on the same day of the same month	10834
as did the term that it succeeds. The members appointed by the	10835
speaker of the house and the president of the senate may be	10836
reappointed. Any member appointed from the house of	10837
representatives or senate who ceases to be a member of the	10838
legislative house from which the member was appointed shall cease	10839
to be a member of the commission. Vacancies among appointed	10840
members shall be filled in the manner provided for original	10841
appointments. Any member appointed to fill a vacancy occurring	10842
prior to the expiration date of the term for which a predecessor	10843
was appointed shall hold office as a member for the remainder of	10844
that term. The members appointed by the speaker of the house and	10845
the president of the senate shall continue in office subsequent to	10846
the expiration date of that member's term until a successor takes	10847
office or until a period of sixty days has elapsed, whichever	10848
occurs first.	10849

(C)(1) The commission shall be under the supervision of an	10850
executive director who shall be appointed by the commission. The	10851
executive director shall serve at the pleasure of the commission	10852
and shall direct commission employees in the administration of all	10853
programs for the provision of financial and other assistance to	10854
school districts and other educational institutions for the	10855
acquisition and utilization of educational technology.	10856

(2) The employees of the Ohio SchoolNet commission shall be	10857
placed in the unclassified service. The commission shall fix the	10858
compensation of the executive director. The executive director	10859
shall employ and fix the compensation for such employees as	10860
necessary to facilitate the activities and purposes of the	10861
commission. The employees shall serve at the pleasure of the	10862
executive director.	10863

(3) The employees of the Ohio SchoolNet commission shall be	10864
exempt from Chapter 4117. of the Revised Code and shall not be	10865
public employees as defined in section 4117.01 of the Revised	10866
Code.	10867

(D) The Ohio SchoolNet commission shall do all of the	10868
following:	10869

(1) Make grants to institutions and other organizations as	10870
prescribed by the general assembly for the provision of technical	10871
assistance, professional development, and other support services	10872
to enable school districts, community schools established under	10873
Chapter 3314. of the Revised Code, and other educational	10874
institutions to utilize educational technology;	10875

(2) Contract with the department of education, state	10876
institutions of higher education, private nonprofit institutions	10877
of higher education holding certificates of authorization under	10878
section 1713.02 of the Revised Code, and such other public or	10879
private entities as the executive director deems necessary for the	10880
administration and implementation of the programs under the	10881
commission's jurisdiction;	10882

(3) Establish a reporting system to which school districts,	10883
community schools established under Chapter 3314. of the Revised	10884
Code, and other educational institutions receiving financial	10885
assistance pursuant to this section for the acquisition of	10886
educational technology report information as to the manner in	10887
which such assistance was expended, the manner in which the	10888
equipment or services purchased with the assistance is being	10889
utilized, the results or outcome of this utilization, and other	10890
information as may be required by the commission;	10891

(4) Establish necessary guidelines governing purchasing and	10892
procurement by participants in programs administered by the	10893
commission that facilitate the timely and effective implementation	10894
of such programs;	10895

(5) Take into consideration the efficiency and cost savings	10896
of statewide procurement prior to allocating and releasing funds	10897
for any programs under its administration.	10898

(E)(1) The executive director shall implement policies and	10899
directives issued by the Ohio SchoolNet commission.	10900

(2) The Ohio SchoolNet commission may establish a systems	10901
support network to facilitate the timely implementation of the	10902
programs, projects, or activities for which it provides	10903
assistance.	10904

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	10905
9.332, and 9.333 of the Revised Code do not apply to contracts,	10906
programs, projects, or activities of the Ohio SchoolNet	10907
commission.	10908

Sec. 3302.041. (A) Each school district that in 1999 was	10909
declared to be in a state of academic emergency, under an academic	10910
watch, or in need of continuous improvement under section 3302.03	10911
of the Revised Code and that is projected to receive any parity	10912
aid payments under section 3317.0217 of the Revised Code for	10913
either of the two fiscal years beginning July 1, 2001, or July 1,	10914
2002, shall amend its continuous improvement plan required under	10915
section 3302.04 of the Revised Code to include a budget for	10916
expending the parity aid for either of those two fiscal years that	10917
the district is projected to receive such aid. For each year	10918
included in the budget, the district shall allocate the full	10919
amount of projected parity aid among one or more of the following:	10920

(1) Upgrading, or purchasing additional classroom equipment,	10921
materials, textbooks, or technology;	10922

(2) Lowering the teacher/student ratios in additional	10923
classrooms;	10924

(3) Providing additional advanced curriculum opportunities;

10925

(4) Providing additional electives or required courses for	10926
graduation;	10927

(5) Increasing the number of days of professional	10928
development;	10929

(6) Providing all-day kindergarten to more students;

10930

(7) Providing preschool to more students;

10931

(8) Providing additional programming and services for	10932
special student populations such as gifted, disadvantaged, or	10933
disabled students;	10934

(9) Providing new programs or increasing the number of	10935
students served by existing programs to prevent academic failure	10936
or to intervene in the case of students in danger of academic	10937
failure, such as tutoring or summer school programs.	10938

(B) For each expenditure of parity aid allocated in the	10939
budget under division (A) of this section, the district's amended	10940
continuous improvement plan shall describe:	10941

(1) How the expenditure will result in new programs or	10942
opportunities, or an expanded availability of programs or	10943
opportunities to more students, and will not simply fund existing	10944
programs with parity aid instead of general revenue fund moneys or	10945
other district income.	10946

(2) How the proposed expenditure is expected to enhance the	10947
district's continuous improvement plan, improve the district's	10948
academic success, and promote the district's achievement of the	10949
standard unit of improvement required by the department of	10950
education under rules adopted pursuant to section 3302.04 of the	10951
Revised Code.	10952

(C) A copy of each amended continuous improvement plan	10953
required to contain a budget under this section shall be submitted	10954
to the department by September 1, 2001. The department shall	10955
randomly divide all school districts required to comply with this	10956
section into two groups and, beginning July 1, 2002, shall assess	10957
one half of the districts in each of fiscal years 2003 and 2004 to	10958
determine whether the district did in fact make the expenditures	10959
included in its proposed parity aid budget during the preceding	10960
fiscal year.	10961

(D) If in either year, the department finds that a district	10962
did not spend its preceding year's parity aid funds in the manner	10963
specified in the budget for that year, it shall notify the state	10964
board of education of its findings and shall subtract the amount	10965
of any parity aid funds not spent in the manner specified in the	10966
budget from any parity aid otherwise due to the district under	10967
section 3317.0217 of the Revised Code in the current fiscal	10968
year. If payments are reduced to any district under this division,	10969
the department shall continue to assess the expenditures of such	10970
district in each ensuing year and shall continue to make	10971
deductions in accordance with this section until such year as the	10972
district is found to be in compliance with this section.	10973

(E) Whenever the department reexamines the status of school	10974
districts under division (A) of section 3302.03 of the Revised	10975
Code, it shall require all districts expected to receive parity	10976
aid payments and determined either to need continuous improvement,	10977
be under an academic watch, or be in a state of academic emergency	10978
to submit their three-year continuous improvement plans to the	10979
department and to include as an integral part of such plans,	10980
budgets meeting the requirements of divisions (A) and (B) of this	10981
section. The department shall annually assess one third of all	10982
such districts and withhold parity aid payments from noncomplying	10983
districts in the same manner as required under divisions (C) and	10984
(D) of this section.	10985

(F) At any time, for good cause and with the approval of the	10986
department, a school district may amend a budget adopted under	10987
this section. Any such amendment, however, shall provide that any	10988
parity aid payments the district proposes not to spend on one of	10989
the items listed in division (A) of this section are instead	10990
reallocated to other items listed in such division.	10991

(G) The department may authorize a school district to spend	10992
parity aid payments for a purpose not listed in division (A) of	10993
this section if the district provides clear and convincing	10994
evidence that the payments are needed for emergency purposes	10995
directly related to eliminating risks to the health and safety of	10996
the students.	10997

Sec. 3303.01. Except when utilized in Chapter 3311. of the	10998
Revised Code, whenever the term vocational education occurs	10999
anywhere in the Revised Code, it shall be deemed to refer to	11000
career-technical education, except that joint vocational school	11001
districts shall continue to be styled as and shall maintain their	11002
legal existence as either joint vocational school districts or	11003
vocational school districts pursuant to section 3311.01.	11004

Sec. 3305.061. Notwithstanding section 171.07 and division	11005
(D) of section 3305.06 of the Revised Code, the percentage of an	11006
electing employee's compensation contributed by a public	11007
institution of higher education under division (D) of section	11008
3305.06 of the Revised Code shall not exceed the percentage of	11009
compensation transferred under section 145.87, 3307.84, or 3309.88	11010
of the Revised Code, as appropriate, by the state retirement	11011
system that otherwise applies to the electing employee's position.	11012
A change in the percentage of compensation contributed under	11013
division (D) of section 3305.06 of the Revised Code, as required	11014
by this section, shall take effect on the same day a change in the	11015
percentage of compensation takes effect under section 145.87,	11016
3307.84, or 3309.88 of the Revised Code, as appropriate.	11017

Sec. 3311.057.  (A) Any educational service center that is	11018
formed by merging two or more educational service centers or	11019
former county school districts after July 1, 1995, but prior to	11020
July 1, 1999 2003, may determine the number of members of its	11021
governing board of education and whether the members are to be	11022
elected at large or by subdistrict, provided each board shall have	11023
an odd number of members.	11024

(B) If an educational service center described in division	11025
(A) of this section is formed on or after the effective date of	11026
this section, the governing board of education of each service	11027
center that is merging to form the new service center shall	11028
include identical provisions for electing the new service center's	11029
governing board in its resolution adopted pursuant to division (A)	11030
of section 3311.053 of the Revised Code. If there is any	11031
transition period between the effective date of the merger of the	11032
service centers and the assumption of control of the new service	11033
center by the new board, the resolutions shall include provisions	11034
for an interim governing board which shall be appointed to govern	11035
the service center until the time the new board is elected and	11036
assumes control of the service center.	11037

(C) If an educational service center described in division	11038
(A) of this section was formed prior to the effective date of this	11039
section, the governing board of the service center may adopt at	11040
any time prior to July 1, 1999 2003, a resolution setting forth	11041
provisions for changing the number of members and the manner of	11042
electing its board and provisions for any transitional period	11043
between the abolition of the existing board and the assumption of	11044
control by the new board.	11045

(D) Any provisions for electing a governing board adopted	11046
pursuant to division (B) or (C) of this section may provide for	11047
the election of members at large, may provide for the	11048
establishment of subdistricts within the district, or may require	11049
some members to be elected at large and some to be elected from	11050
subdistricts. If subdistricts are included, the resolutions shall	11051
specify the manner in which their boundaries are to be drawn. The	11052
provisions shall attempt to ensure that each elected member of the	11053
board represents an equal number of residents of the service	11054
center. To accomplish this, any subdistrict containing a multiple	11055
of the number of electors in another subdistrict, may elect	11056
at-large within that subdistrict, a number of board members equal	11057
to the multiple that its population is of the population of the	11058
other subdistrict.	11059

(E) The provisions for selecting board members set forth in	11060
the latest resolution adopted pursuant to division (B) or (C) of	11061
this section prior to July 1, 1999 2003, shall remain the method	11062
of electing school board members within that educational service	11063
center.	11064

Sec. 3311.058. Notwithstanding anything to the contrary in	11065
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly,	11066
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter	11067
3311. of the Revised Code, no educational service center shall be	11068
required to merge in order to achieve any prescribed minimum	11069
average daily membership if such a merger will cause the territory	11070
of the resultant joint educational service center to comprise more	11071
than eight hundred square miles.	11072

Sec. 3313.37.  (A)(1) The board of education of any city,	11073
local, or exempted village school district may build, enlarge,	11074
repair, and furnish the necessary schoolhouses, purchase or lease	11075
sites therefor, or rights-of-way thereto, or purchase or lease	11076
real estate to be used as playgrounds for children or rent	11077
suitable schoolrooms, either within or without the district, and	11078
provide the necessary apparatus and make all other necessary	11079
provisions for the schools under its control. The governing board	11080
of any educational service center may build, enlarge, repair, and	11081
furnish the necessary facilities for conducting special education	11082
programs and driver education courses, purchase or lease sites	11083
therefor, or rights-of-way thereto, or purchase or lease real	11084
estate or rent suitable facilities to be used for such purposes	11085
and provide the necessary apparatus and make all other necessary	11086
provisions for such facilities as are under its control.	11087

(2) A governing board of an educational service center may	11088
acquire, lease, or enter into a contract to purchase, lease, or	11089
sell real and personal property and may construct, enlarge,	11090
repair, renovate, furnish, or equip facilities, buildings, or	11091
structures for the educational service center's purposes. The	11092
board may enter into loan agreements, including mortgages, for the	11093
acquisition of such property. If a governing board exercises any	11094
of these powers to acquire office or classroom space, the board of	11095
county commissioners has no obligation to provide and equip	11096
offices and to provide heat, light, water, and janitorial services	11097
for the use of the service center pursuant to section 3319.19 of	11098
the Revised Code, unless there is a contract as provided by	11099
division (D) of that section.	11100

(3) A board of county commissioners may issue securities of	11101
the county pursuant to Chapter 133. of the Revised Code for the	11102
acquisition of real and personal property or for the construction,	11103
enlargement, repair, or renovation of facilities, buildings, or	11104
structures by an educational service center, but only if the	11105
county has a contract under division (D) of section 3319.19 of the	11106
Revised Code with the educational service center whereby the	11107
educational service center agrees to pay the county an amount	11108
equal to the debt charges on the issued securities on or before	11109
the date those charges fall due. For the purposes of this	11110
section, "debt charges" and "securities" have the same meanings as	11111
in section 133.01 of the Revised Code.	11112

(B)(1) Boards of education of city, local, and exempted	11113
village school districts may acquire land by gift or devise, by	11114
purchase, or by appropriation. Lands purchased may be purchased	11115
for cash, by installment payments, with or without a mortgage, by	11116
entering into lease-purchase agreements, or by lease with an	11117
option to purchase, provided that if the purchase price is to be	11118
paid over a period of time, such payments shall not extend for a	11119
period of more than five years. A special tax levy may be	11120
authorized by the voters of the school district in accordance with	11121
section 5705.21 of the Revised Code to provide a special fund to	11122
meet the future time payments.	11123

(2) For the purposes of section 5705.21 of the Revised Code,	11124
acquisition of land under the provisions of this division shall be	11125
considered a necessary requirement of the school district.	11126

(3) Boards of education of city, local, and exempted village	11127
school districts may acquire federal land at a discount by a	11128
lease-purchase agreement for use as a site for the construction of	11129
educational facilities or for other related purposes. External	11130
administrative and other costs pertaining to the acquisition of	11131
federal land at a discount may be paid from funds available to the	11132
school district for operating purposes. Such boards of education	11133
may also acquire federal land by lease-purchase agreements, by	11134
negotiation, or otherwise.	11135

(4) As used in this division:

11136

(a) "Office equipment" includes but is not limited to	11137
typewriters, copying and duplicating equipment, and computer and	11138
data processing equipment.	11139

(b) "Software for instructional purposes" includes computer	11140
programs usable for computer assisted instruction, computer	11141
managed instruction, drill and practice, and problem simulations.	11142

A board of education or governing board of an educational	11143
service center may acquire the necessary office equipment, and	11144
computer hardware and software for instructional purposes, for the	11145
schools under its control by purchase, by lease, by installment	11146
payments, by entering into lease-purchase agreements, or by lease	11147
with an option to purchase. In the case of a city, exempted	11148
village, or local school district, if the purchase price is to be	11149
paid over a period of time, the contract setting forth the terms	11150
of such purchase shall be considered a continuing contract	11151
pursuant to section 5705.41 of the Revised Code. Payments shall	11152
not extend for a period of more than five years. Costs relating	11153
to the acquisition of necessary apparatus may be paid from funds	11154
available to the school district or educational service center for	11155
operating purposes.	11156

(5) A board of education or governing board of an	11157
educational service center may acquire the necessary equipment for	11158
the maintenance or physical upkeep of facilities and land under	11159
its control by entering into lease-purchase agreements. If	11160
payments under the lease-purchase agreement are to be made over a	11161
period of time, the agreement shall be considered a continuing	11162
contract pursuant to section 5705.41 of the Revised Code, and such	11163
payments shall not extend for a period of more than five years.	11164

Sec. 3313.41.  (A) Except as provided in divisions (C), (D),	11165
and (F), and (G) of this section, when a board of education	11166
decides to dispose of real or personal property that it owns in	11167
its corporate capacity, and that exceeds in value ten thousand	11168
dollars, it shall sell the property at public auction, after	11169
giving at least thirty days' notice of the auction by publication	11170
in a newspaper of general circulation or by posting notices in	11171
five of the most public places in the school district in which the	11172
property, if it is real property, is situated, or, if it is	11173
personal property, in the school district of the board of	11174
education that owns the property. The board may offer real	11175
property for sale as an entire tract or in parcels.	11176

(B) When the board of education has offered real or personal	11177
property for sale at public auction at least once pursuant to	11178
division (A) of this section, and the property has not been sold,	11179
the board may sell it at a private sale. Regardless of how it was	11180
offered at public auction, at a private sale, the board shall, as	11181
it considers best, sell real property as an entire tract or in	11182
parcels, and personal property in a single lot or in several lots.	11183

(C) If a board of education decides to dispose of real or	11184
personal property that it owns in its corporate capacity and that	11185
exceeds in value ten thousand dollars, it may sell the property to	11186
the adjutant general; to any subdivision or taxing authority as	11187
respectively defined in divisions (A) and (C) of section 5705.01	11188
of the Revised Code, township park district, board of park	11189
commissioners established under Chapter 755. of the Revised Code,	11190
or park district established under Chapter 1545. of the Revised	11191
Code; to a wholly or partially tax-supported university,	11192
university branch, or college; or to the board of trustees of a	11193
school district library, upon such terms as are agreed upon. The	11194
sale of real or personal property to the board of trustees of a	11195
school district library is limited, in the case of real property,	11196
to a school district library within whose boundaries the real	11197
property is situated, or, in the case of personal property, to a	11198
school district library whose boundaries lie in whole or in part	11199
within the school district of the selling board of education.	11200

(D) When a board of education decides to trade as a part or	11201
an entire consideration, an item of personal property on the	11202
purchase price of an item of similar personal property, it may	11203
trade the same upon such terms as are agreed upon by the parties	11204
to the trade.	11205

(E) The president and the treasurer of the board of	11206
education shall execute and deliver deeds or other necessary	11207
instruments of conveyance to complete any sale or trade under this	11208
section.	11209

(F) When a board of education has identified a parcel of	11210
real property that it determines is needed for school purposes,	11211
the board may, upon a majority vote of the members of the board,	11212
acquire that property by exchanging real property that the board	11213
owns in its corporate capacity for the identified real property or	11214
by using real property that the board owns in its corporate	11215
capacity as part or an entire consideration for the purchase price	11216
of the identified real property. Any exchange or acquisition made	11217
pursuant to this division shall be made by a conveyance executed	11218
by the president and the treasurer of the board.	11219

(G) When a school district board of education decides to	11220
dispose of real property suitable for use as classroom space,	11221
prior to disposing of such property under division (A) through (F)	11222
of this section, it shall first offer that property for sale to	11223
the governing authorities of the start-up community schools,	11224
established under Chapter 3314. of the Revised Code and located	11225
within the territory of the school district, at a price that is	11226
not higher than the appraised fair market value of that property.	11227
If more than one community school governing authority accepts the	11228
offer made by the school district board, the board shall sell the	11229
property to the governing authority that accepted the offer first	11230
in time. If no community school governing authority accepts the	11231
offer within sixty days after the offer is made by the school	11232
district board, the board may dispose of the property in the	11233
applicable manner prescribed under divisions (A) to (F) of this	11234
section.	11235

Sec. 3313.603.  (A) As used in this section:

11236

(1) "One unit" means a minimum of one hundred twenty hours	11237
of course instruction, except that for a laboratory course, "one	11238
unit" means a minimum of one hundred fifty hours of course	11239
instruction.	11240

(2) "One-half unit" means a minimum of sixty hours of course	11241
instruction, except that for physical education courses, "one-half	11242
unit" means a minimum of one hundred twenty hours of course	11243
instruction.	11244

(B) Beginning September 15, 2001, the requirements for	11245
graduation from every high school shall include twenty-one twenty	11246
units earned in grades nine through twelve and shall be	11247
distributed as follows:	11248

(1) English language arts, four units;

11249

(2) Health, one-half unit;

11250

(3) Mathematics, three units;

11251

(4) Physical education, one-half unit;

11252

(5) Science, two units until September 15, 2003, and three	11253
units thereafter, which at all times shall include both of the	11254
following:	11255

(a) Biological sciences, one unit;

11256

(b) Physical sciences, one unit.

11257

(6) Social studies, three units, which shall include both of	11258
the following:	11259

(a) American history, one-half unit;

11260

(b) American government, one-half unit.

11261

(7) Elective units, eight seven units until September 15,	11262
2003, and seven six units thereafter.	11263

Each student's electives shall include at least one unit, or	11264
two half units, chosen from among the areas of	11265
business/technology, fine arts, and/or foreign language.	11266

(C) Every high school may permit students below the ninth	11267
grade to take advanced work for credit. A high school shall count	11268
such advanced work toward the graduation requirements of division	11269
(B) of this section if the advanced work was both:	11270

(1) Taught by a person who possesses a license or	11271
certificate issued under section 3301.071, 3319.22, or 3319.222 of	11272
the Revised Code that is valid for teaching high school;	11273

(2) Designated by the board of education of the city, local,	11274
or exempted village school district, the board of the cooperative	11275
education school district, or the governing authority of the	11276
chartered nonpublic school as meeting the high school curriculum	11277
requirements.	11278

(D) Units earned in English language arts, mathematics,	11279
science, and social studies that are delivered through integrated	11280
academic and technical instruction are eligible to meet the	11281
graduation requirements of division (B) of this section.	11282

Sec. 3313.608.  (A) Beginning with students who enter fourth	11283
grade in the school year that starts July 1, 2001, no city,	11284
exempted village, or local school district shall promote to fifth	11285
grade any student who fails to attain the score designated under	11286
division (A)(1) of section 3301.0710 of the Revised Code on the	11287
test prescribed under that division to measure skill in reading,	11288
unless either of the following applies:	11289

(1) The pupil was excused from taking the test under	11290
division (C)(1) of section 3301.0711 of the Revised Code;	11291

(2) The pupil's principal and reading teacher agree that the	11292
pupil is academically prepared, as determined pursuant to the	11293
district policy adopted under section 3313.609 of the Revised	11294
Code, to be promoted to fifth grade.	11295

(B)(1) To assist students in meeting this fourth grade	11296
guarantee established by this section, each city, exempted	11297
village, and local school district shall adopt policies and	11298
procedures with which it shall, beginning in the school year that	11299
starts July 1, 1998, annually assess the reading skills of each	11300
student at the end of kindergarten, first, second, and third grade	11301
and identify students who are reading below their grade level. The	11302

(2) The policy and procedures shall require the students'	11303
classroom teachers to be involved in the assessment and the	11304
identification of students reading below grade level. The	11305
district shall notify the parent or guardian of each student whose	11306
reading skills are below grade level and, in accordance with	11307
division (C) of this section, provide intervention services to	11308
each student reading below grade level.	11309

(2) For each student identified as reading below grade level	11310
at the end of third grade, the district shall offer intense	11311
remediation services during the summer following third grade.	11312

(3) For each student entering fourth grade after July 1,	11313
2001, who does not attain by the end of the fourth grade the score	11314
designated under division (A)(1) of section 3301.0710 of the	11315
Revised Code on the test prescribed under that division to measure	11316
skill in reading, the district also shall offer intense	11317
remediation intervention services, and another opportunity to take	11318
that test, during the summer following fourth grade.	11319

(C) For each student required to be offered remediation	11320
intervention services under this section, the district shall	11321
involve the student's parent or guardian and classroom teacher in	11322
developing the intervention strategy, and shall offer to the	11323
parent or guardian the opportunity to be involved in the	11324
intervention services.	11325

(D) Beginning in the summer of 1999, in addition to the	11326
remediation intervention requirements of divisions (B) and (C) of	11327
this section, every city, exempted village, or local school	11328
district shall offer intervention services during the summer	11329
remediation and, if needed, during the following school year to	11330
any student who has failed to attain the designated scores on	11331
three or more of the five tests described by division (A)(1) or	11332
(2) of section 3301.0710 of the Revised Code.	11333

(E) Any summer remediation intervention services funded in	11334
whole or in part by the state and offered by school districts to	11335
students under this section shall meet the following conditions:	11336

(1) The remediation intervention methods are based on	11337
reliable educational research.	11338

(2) The school districts conduct testing before and after	11339
assess students participate in the program to facilitate	11340
monitoring results of the remediation who receive the intervention	11341
services.	11342

(3) The parents of participating students are involved in	11343
programming decisions.	11344

(4) The services are conducted in a school building or	11345
community center and not on an at-home basis.	11346

Sec. 3313.64.  (A) As used in this section and in section	11347
3313.65 of the Revised Code:	11348

(1) "Parent" means either parent, unless the parents are	11349
separated or divorced or their marriage has been dissolved or	11350
annulled, in which case "parent" means the parent who is the	11351
residential parent and legal custodian of the child. When a child	11352
is in the legal custody of a government agency or a person other	11353
than the child's natural or adoptive parent, "parent" means the	11354
parent with residual parental rights, privileges, and	11355
responsibilities. When a child is in the permanent custody of a	11356
government agency or a person other than the child's natural or	11357
adoptive parent, "parent" means the parent who was divested of	11358
parental rights and responsibilities for the care of the child and	11359
the right to have the child live with the parent and be the legal	11360
custodian of the child and all residual parental rights,	11361
privileges, and responsibilities.	11362

(2) "Legal custody," "permanent custody," and "residual	11363
parental rights, privileges, and responsibilities" have the same	11364
meanings as in section 2151.011 of the Revised Code.	11365

(3) "School district" or "district" means a city, local, or	11366
exempted village school district and excludes any school operated	11367
in an institution maintained by the department of youth services.	11368

(4) Except as used in division (C)(2) of this section,	11369
"home" means a home, institution, foster home, group home, or	11370
other residential facility in this state that receives and cares	11371
for children, to which any of the following applies:	11372

(a) The home is licensed, certified, or approved for such	11373
purpose by the state or is maintained by the department of youth	11374
services.	11375

(b) The home is operated by a person who is licensed,	11376
certified, or approved by the state to operate the home for such	11377
purpose.	11378

(c) The home accepted the child through a placement by a	11379
person licensed, certified, or approved to place a child in such a	11380
home by the state.	11381

(d) The home is a children's home created under section	11382
5153.21 or 5153.36 of the Revised Code.	11383

(5) "Agency" means all of the following:

11384

(a) A public children services agency;

11385

(b) An organization that holds a certificate issued by the	11386
Ohio department of job and family services in accordance with the	11387
requirements of section 5103.03 of the Revised Code and assumes	11388
temporary or permanent custody of children through commitment,	11389
agreement, or surrender, and places children in family homes for	11390
the purpose of adoption;	11391

(c) Comparable agencies of other states or countries that	11392
have complied with applicable requirements of section 2151.39, or	11393
sections 5103.20 to 5103.28 of the Revised Code.	11394

(6) A child is placed for adoption if either of the	11395
following occurs:	11396

(a) An agency to which the child has been permanently	11397
committed or surrendered enters into an agreement with a person	11398
pursuant to section 5103.16 of the Revised Code for the care and	11399
adoption of the child.	11400

(b) The child's natural parent places the child pursuant to	11401
section 5103.16 of the Revised Code with a person who will care	11402
for and adopt the child.	11403

(7) "Handicapped preschool child" means a handicapped child,	11404
as defined by division (A) of section 3323.01 of the Revised Code,	11405
who is at least three years of age but is not of compulsory school	11406
age, as defined in section 3321.01 of the Revised Code, and who is	11407
not currently enrolled in kindergarten.	11408

(8) "Child," unless otherwise indicated, includes handicapped	11409
preschool children.	11410

(B) Except as otherwise provided in section 3321.01 of the	11411
Revised Code for admittance to kindergarten and first grade, a	11412
child who is at least five but under twenty-two years of age and	11413
any handicapped preschool child shall be admitted to school as	11414
provided in this division.	11415

(1) A child shall be admitted to the schools of the school	11416
district in which the child's parent resides.	11417

(2) A child who does not reside in the district where the	11418
child's parent resides shall be admitted to the schools of the	11419
district in which the child resides if any of the following	11420
applies:	11421

(a) The child is in the legal or permanent custody of a	11422
government agency or a person other than the child's natural or	11423
adoptive parent.	11424

(b) The child resides in a home.

11425

(c) The child requires special education.

11426

(3) A child who is not entitled under division (B)(2) of	11427
this section to be admitted to the schools of the district where	11428
the child resides and who is residing with a resident of this	11429
state with whom the child has been placed for adoption shall be	11430
admitted to the schools of the district where the child resides	11431
unless either of the following applies:	11432

(a) The placement for adoption has been terminated.

11433

(b) Another school district is required to admit the child	11434
under division (B)(1) of this section.	11435

Division (B) of this section does not prohibit the board of	11436
education of a school district from placing a handicapped child	11437
who resides in the district in a special education program outside	11438
of the district or its schools in compliance with Chapter 3323. of	11439
the Revised Code.	11440

(C) A district shall not charge tuition for children	11441
admitted under division (B)(1) or (3) of this section. If the	11442
district admits a child under division (B)(2) of this section,	11443
tuition shall be paid to the district that admits the child as	11444
follows:	11445

(1) If the child receives special education in accordance	11446
with Chapter 3323. of the Revised Code, tuition shall be paid in	11447
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	11448
the Revised Code regardless of who has custody of the child or	11449
whether the child resides in a home.	11450

(2) Except as otherwise provided in division (C)(2)(d) of	11451
this section, if the child is in the permanent or legal custody of	11452
a government agency or person other than the child's parent,	11453
tuition shall be paid by:	11454

(a) The district in which the child's parent resided at the	11455
time the court removed the child from home or at the time the	11456
court vested legal or permanent custody of the child in the person	11457
or government agency, whichever occurred first;	11458

(b) If the parent's residence at the time the court removed	11459
the child from home or placed the child in the legal or permanent	11460
custody of the person or government agency is unknown, tuition	11461
shall be paid by the district in which the child resided at the	11462
time the child was removed from home or placed in legal or	11463
permanent custody, whichever occurred first;	11464

(c) If a school district cannot be established under	11465
division (C)(2)(a) or (b) of this section, tuition shall be paid	11466
by the district determined as required by section 2151.357 of the	11467
Revised Code by the court at the time it vests custody of the	11468
child in the person or government agency;	11469

(d) If at the time the court removed the child from home or	11470
vested legal or permanent custody of the child in the person or	11471
government agency, whichever occurred first, one parent was in a	11472
residential or correctional facility or a juvenile residential	11473
placement and the other parent, if living and not in such a	11474
facility or placement, was not known to reside in this state,	11475
tuition shall be paid by the district determined under division	11476
(D) of section 3313.65 of the Revised Code as the district	11477
required to pay any tuition while the parent was in such facility	11478
or placement.	11479

(3) If the child is not in the permanent or legal custody of	11480
a government agency or person other than the child's parent and	11481
the child resides in a home, tuition shall be paid by one of the	11482
following:	11483

(a) The school district in which the child's parent resides;

11484

(b) If the child's parent is not a resident of this state,	11485
the home in which the child resides.	11486

(D) Tuition required to be paid under divisions (C)(2) and	11487
(3)(a) of this section shall be computed in accordance with	11488
section 3317.08 of the Revised Code. Tuition required to be paid	11489
under division (C)(3)(b) of this section shall be computed in	11490
accordance with section 3317.081 of the Revised Code. If a home	11491
fails to pay the tuition required by division (C)(3)(b) of this	11492
section, the board of education providing the education may	11493
recover in a civil action the tuition and the expenses incurred in	11494
prosecuting the action, including court costs and reasonable	11495
attorney's fees. If the prosecuting attorney or city director of	11496
law represents the board in such action, costs and reasonable	11497
attorney's fees awarded by the court, based upon the prosecuting	11498
attorney's, director's, or one of their designee's time spent	11499
preparing and presenting the case, shall be deposited in the	11500
county or city general fund.	11501

(E) A board of education may enroll a child free of any	11502
tuition obligation for a period not to exceed sixty days, on the	11503
sworn statement of an adult resident of the district that the	11504
resident has initiated legal proceedings for custody of the child.	11505

(F) In the case of any individual entitled to attend school	11506
under this division, no tuition shall be charged by the school	11507
district of attendance and no other school district shall be	11508
required to pay tuition for the individual's attendance.	11509
Notwithstanding division (B), (C), or (E) of this section:	11510

(1) All persons at least eighteen but under twenty-two years	11511
of age who live apart from their parents, support themselves by	11512
their own labor, and have not successfully completed the high	11513
school curriculum or the individualized education program	11514
developed for the person by the high school pursuant to section	11515
3323.08 of the Revised Code, are entitled to attend school in the	11516
district in which they reside.	11517

(2) Any child under eighteen years of age who is married is	11518
entitled to attend school in the child's district of residence.	11519

(3) A child is entitled to attend school in the district in	11520
which either of the child's parents is employed if the child has a	11521
medical condition that may require emergency medical attention.	11522
The parent of a child entitled to attend school under division	11523
(F)(3) of this section shall submit to the board of education of	11524
the district in which the parent is employed a statement from the	11525
child's physician certifying that the child's medical condition	11526
may require emergency medical attention. The statement shall be	11527
supported by such other evidence as the board may require.	11528

(4) Any child residing with a person other than the child's	11529
parent is entitled, for a period not to exceed twelve months, to	11530
attend school in the district in which that person resides if the	11531
child's parent files an affidavit with the superintendent of the	11532
district in which the person with whom the child is living resides	11533
stating all of the following:	11534

(a) That the parent is serving outside of the state in the	11535
armed services of the United States;	11536

(b) That the parent intends to reside in the district upon	11537
returning to this state;	11538

(c) The name and address of the person with whom the child	11539
is living while the parent is outside the state.	11540

(5) Any child under the age of twenty-two years who, after	11541
the death of a parent, resides in a school district other than the	11542
district in which the child attended school at the time of the	11543
parent's death is entitled to continue to attend school in the	11544
district in which the child attended school at the time of the	11545
parent's death for the remainder of the school year, subject to	11546
approval of that district board.	11547

(6) A child under the age of twenty-two years who resides	11548
with a parent who is having a new house built in a school district	11549
outside the district where the parent is residing is entitled to	11550
attend school for a period of time in the district where the new	11551
house is being built. In order to be entitled to such attendance,	11552
the parent shall provide the district superintendent with the	11553
following:	11554

(a) A sworn statement explaining the situation, revealing	11555
the location of the house being built, and stating the parent's	11556
intention to reside there upon its completion;	11557

(b) A statement from the builder confirming that a new house	11558
is being built for the parent and that the house is at the	11559
location indicated in the parent's statement.	11560

(7) A child under the age of twenty-two years residing with	11561
a parent who has a contract to purchase a house in a school	11562
district outside the district where the parent is residing and who	11563
is waiting upon the date of closing of the mortgage loan for the	11564
purchase of such house is entitled to attend school for a period	11565
of time in the district where the house is being purchased. In	11566
order to be entitled to such attendance, the parent shall provide	11567
the district superintendent with the following:	11568

(a) A sworn statement explaining the situation, revealing	11569
the location of the house being purchased, and stating the	11570
parent's intent to reside there;	11571

(b) A statement from a real estate broker or bank officer	11572
confirming that the parent has a contract to purchase the house,	11573
that the parent is waiting upon the date of closing of the	11574
mortgage loan, and that the house is at the location indicated in	11575
the parent's statement.	11576

The district superintendent shall establish a period of time	11577
not to exceed ninety days during which the child entitled to	11578
attend school under division (F)(6) or (7) of this section may	11579
attend without tuition obligation. A student attending a school	11580
under division (F)(6) or (7) of this section shall be eligible to	11581
participate in interscholastic athletics under the auspices of	11582
that school, provided the board of education of the school	11583
district where the student's parent resides, by a formal action,	11584
releases the student to participate in interscholastic athletics	11585
at the school where the student is attending, and provided the	11586
student receives any authorization required by a public agency or	11587
private organization of which the school district is a member	11588
exercising authority over interscholastic sports.	11589

(8) A child whose parent is a full-time employee of a city,	11590
local, or exempted village school district, or of an educational	11591
service center, may be admitted to the schools of the district	11592
where the child's parent is employed, or in the case of a child	11593
whose parent is employed by an educational service center, in the	11594
district that serves the location where the parent's job is	11595
primarily located, provided the district board of education	11596
establishes such an admission policy by resolution adopted by a	11597
majority of its members. Any such policy shall take effect on the	11598
first day of the school year and the effective date of any	11599
amendment or repeal may not be prior to the first day of the	11600
subsequent school year. The policy shall be uniformly applied to	11601
all such children and shall provide for the admission of any such	11602
child upon request of the parent. No child may be admitted under	11603
this policy after the first day of classes of any school year.	11604

(9) A child who is with the child's parent under the care of	11605
a shelter for victims of domestic violence, as defined in section	11606
3113.33 of the Revised Code, is entitled to attend school free in	11607
the district in which the child is with the child's parent, and no	11608
other school district shall be required to pay tuition for the	11609
child's attendance in that school district.	11610

The enrollment of a child in a school district under this	11611
division shall not be denied due to a delay in the school	11612
district's receipt of any records required under section 3313.672	11613
of the Revised Code or any other records required for enrollment.	11614
Any days of attendance and any credits earned by a child while	11615
enrolled in a school district under this division shall be	11616
transferred to and accepted by any school district in which the	11617
child subsequently enrolls. The state board of education shall	11618
adopt rules to ensure compliance with this division.	11619

(10) Any child under the age of twenty-two years whose	11620
parent has moved out of the school district after the commencement	11621
of classes in the child's senior year of high school is entitled,	11622
subject to the approval of that district board, to attend school	11623
in the district in which the child attended school at the time of	11624
the parental move for the remainder of the school year and for one	11625
additional semester or equivalent term. A district board may also	11626
adopt a policy specifying extenuating circumstances under which a	11627
student may continue to attend school under division (F)(10) of	11628
this section for an additional period of time in order to	11629
successfully complete the high school curriculum for the	11630
individualized education program developed for the student by the	11631
high school pursuant to section 3323.08 of the Revised Code.	11632

(11) As used in this division, "grandparent" means a parent	11633
of a parent of a child. A child under the age of twenty-two years	11634
who is in the custody of the child's parent, resides with a	11635
grandparent, and does not require special education is entitled to	11636
attend the schools of the district in which the child's	11637
grandparent resides, provided that, prior to such attendance in	11638
any school year, the board of education of the school district in	11639
which the child's grandparent resides and the board of education	11640
of the school district in which the child's parent resides enter	11641
into a written agreement specifying that good cause exists for	11642
such attendance, describing the nature of this good cause, and	11643
consenting to such attendance.	11644

In lieu of a consent form signed by a parent, a board of	11645
education may request the grandparent of a child attending school	11646
in the district in which the grandparent resides pursuant to	11647
division (F)(11) of this section to complete any consent form	11648
required by the district, including any authorization required by	11649
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	11650
Upon request, the grandparent shall complete any consent form	11651
required by the district. A school district shall not incur any	11652
liability solely because of its receipt of a consent form from a	11653
grandparent in lieu of a parent.	11654

Division (F)(11) of this section does not create, and shall	11655
not be construed as creating, a new cause of action or substantive	11656
legal right against a school district, a member of a board of	11657
education, or an employee of a school district. This section does	11658
not affect, and shall not be construed as affecting, any	11659
immunities from defenses to tort liability created or recognized	11660
by Chapter 2744. of the Revised Code for a school district,	11661
member, or employee.	11662

(12) A child under the age of twenty-two years is entitled	11663
to attend school in a school district other than the district in	11664
which the child is entitled to attend school under division (B),	11665
(C), or (E) of this section provided that, prior to such	11666
attendance in any school year, both of the following occur:	11667

(a) The superintendent of the district in which the child is	11668
entitled to attend school under division (B), (C), or (E) of this	11669
section contacts the superintendent of another district for	11670
purposes of this division;	11671

(b) The superintendents of both districts enter into a	11672
written agreement that consents to the attendance and specifies	11673
that the purpose of such attendance is to protect the student's	11674
physical or mental well-being or to deal with other extenuating	11675
circumstances deemed appropriate by the superintendents.	11676

While an agreement is in effect under this division for a	11677
student who is not receiving special education under Chapter 3323.	11678
of the Revised Code and notwithstanding Chapter 3327. of the	11679
Revised Code, the board of education of neither school district	11680
involved in the agreement is required to provide transportation	11681
for the student to and from the school where the student attends.	11682

A student attending a school of a district pursuant to this	11683
division shall be allowed to participate in all student	11684
activities, including interscholastic athletics, at the school	11685
where the student is attending on the same basis as any student	11686
who has always attended the schools of that district while of	11687
compulsory school age.	11688

(13) A child who is with the child's parent under the care	11689
of a shelter for homeless persons is entitled to attend school	11690
free in one of the following, as selected by the child's parent:	11691

(a) The child's school of origin, as defined in section 722	11692
of the "Stewart B. McKinney Homeless Assistance Act" (1994), 108	11693
Stat. 3957, 42 U.S.C.A 11432;	11694

(b) The school that is operated by the school district in	11695
which the shelter is located and that serves the geographic area	11696
in which the shelter is located.	11697

(G) A board of education, after approving admission, may	11698
waive tuition for students who will temporarily reside in the	11699
district and who are either of the following:	11700

(1) Residents or domiciliaries of a foreign nation who	11701
request admission as foreign exchange students;	11702

(2) Residents or domiciliaries of the United States but not	11703
of Ohio who request admission as participants in an exchange	11704
program operated by a student exchange organization.	11705

(H) Pursuant to sections 3311.211, 3313.90, 3319.01,	11706
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may	11707
attend school or participate in a special education program in a	11708
school district other than in the district where the child is	11709
entitled to attend school under division (B) of this section.	11710

(I) This division does not apply to a child receiving	11711
special education.	11712

A school district required to pay tuition pursuant to	11713
division (C)(2) or (3) of this section or section 3313.65 of the	11714
Revised Code shall have an amount deducted under division (F) of	11715
section 3317.023 of the Revised Code equal to its own tuition rate	11716
for the same period of attendance. A school district entitled to	11717
receive tuition pursuant to division (C)(2) or (3) of this section	11718
or section 3313.65 of the Revised Code shall have an amount	11719
credited under division (F) of section 3317.023 of the Revised	11720
Code equal to its own tuition rate for the same period of	11721
attendance. If the tuition rate credited to the district of	11722
attendance exceeds the rate deducted from the district required to	11723
pay tuition, the department of education shall pay the district of	11724
attendance the difference from amounts deducted from all	11725
districts' payments under division (F) of section 3317.023 of the	11726
Revised Code but not credited to other school districts under such	11727
division and from appropriations made for such purpose. The	11728
treasurer of each school district shall, by the fifteenth day of	11729
January and July, furnish the superintendent of public instruction	11730
a report of the names of each child who attended the district's	11731
schools under divisions (C)(2) and (3) of this section or section	11732
3313.65 of the Revised Code during the preceding six calendar	11733
months, the duration of the attendance of those children, the	11734
school district responsible for tuition on behalf of the child,	11735
and any other information that the superintendent requires.	11736

Upon receipt of the report the superintendent, pursuant to	11737
division (F) of section 3317.023 of the Revised Code, shall deduct	11738
each district's tuition obligations under divisions (C)(2) and (3)	11739
of this section or section 3313.65 of the Revised Code and pay to	11740
the district of attendance that amount plus any amount required to	11741
be paid by the state.	11742

(J) In the event of a disagreement, the superintendent of	11743
public instruction shall determine the school district in which	11744
the parent resides.	11745

(K) Nothing in this section requires or authorizes, or shall	11746
be construed to require or authorize, the admission to a public	11747
school in this state of a pupil who has been permanently excluded	11748
from public school attendance by the superintendent of public	11749
instruction pursuant to sections 3301.121 and 3313.662 of the	11750
Revised Code.	11751

Sec. 3314.07.  (A) The expiration of the contract for a	11752
community school between a sponsor and a school shall be the date	11753
provided in the contract. A successor contract may be entered	11754
into unless the contract is terminated or not renewed pursuant to	11755
this section.	11756

(B)(1) A sponsor may choose not to renew a contract at its	11757
expiration or may choose to terminate a contract prior to its	11758
expiration for any of the following reasons:	11759

(a) Failure to meet student performance requirements stated	11760
in the contract;	11761

(b) Failure to meet generally accepted standards of fiscal	11762
management;	11763

(c) Violation of any provision of the contract or applicable	11764
state or federal law;	11765

(d) Other good cause.

11766

A termination shall be effective only at the conclusion of a	11767
school year.	11768

(2) A sponsor may choose to terminate a contract prior to its	11769
expiration if the sponsor has suspended the operation of the	11770
contract under section 3314.072 of the Revised Code.	11771

(3) At least one hundred eighty ninety days prior to the	11772
termination or nonrenewal of a contract, the sponsor shall notify	11773
the school of the proposed action in writing. The notice shall	11774
include the reasons for the proposed action in detail, the	11775
effective date of the termination or nonrenewal, and a statement	11776
that the school may, within fourteen days of receiving the notice,	11777
request an informal hearing before the sponsor. Such request must	11778
be in writing. The informal hearing shall be held within seventy	11779
days of the receipt of a request for the hearing. Promptly	11780
following the informal hearing, the sponsor shall issue a written	11781
decision either affirming or rescinding the decision to terminate	11782
or not renew the contract.	11783

(3)(4) A decision by the sponsor to terminate a contract may	11784
be appealed to the state board of education. The decision by the	11785
state board pertaining to an appeal under this division is final.	11786
If the sponsor is the state board, its decision to terminate a	11787
contract under division (B)(4) of this section shall be final.	11788

(5) The termination of a contract under this section shall	11789
be effective upon the occurrence of the later of the following	11790
events:	11791

(a) Ninety days following the date the sponsor notifies the	11792
school of its decision to terminate the contract as prescribed in	11793
division (B)(3) of this section;	11794

(b) If an informal hearing is requested under division	11795
(B)(3) of this section and as a result of that hearing the sponsor	11796
affirms its decision to terminate the contract, the effective date	11797
of the termination specified in the notice issued under division	11798
(B)(3) of this section, or if that decision is appealed to the	11799
state board under division (B)(4) of this section and the state	11800
board affirms that decision, the date established in the	11801
resolution of the state board affirming the sponsor's decision.	11802

(C) A child attending a community school whose contract has	11803
been terminated or, nonrenewed, or suspended or that closes for	11804
any reason shall be admitted to the schools of the district in	11805
which the child is entitled to attend under section 3313.64 or	11806
3313.65 of the Revised Code. Any deadlines established for the	11807
purpose of admitting students under section 3313.97 or 3313.98	11808
shall be waived for students to whom this division pertains.	11809

(D) A sponsor of a community school and the officers,	11810
directors, or employees of such a sponsor are not liable in	11811
damages in a tort or other civil action for harm allegedly arising	11812
from either of the following:	11813

(1) A failure of the community school or any of its	11814
officers, directors, or employees to perform any statutory or	11815
common law duty or responsibility or any other legal obligation;	11816

(2) An action or omission of the community school or any of	11817
its officers, directors, or employees that results in harm.	11818

(E) As used in this section:

11819

(1) "Harm" means injury, death, or loss to person or	11820
property.	11821

(2) "Tort action" means a civil action for damages for	11822
injury, death, or loss to person or property other than a civil	11823
action for damages for a breach of contract or another agreement	11824
between persons.	11825

Sec. 3314.072. The provisions of this section are enacted to	11826
promote the public health, safety, and welfare by establishing	11827
procedures under which the governing authorities of community	11828
schools established under this chapter will be held accountable	11829
for their compliance with the terms of the contracts they enter	11830
into with their school's sponsors and the law relating to the	11831
school's operation. Suspension of the operation of a school	11832
imposed under this section is intended to encourage the governing	11833
authority's compliance with the terms of the school's contract and	11834
the law and is not intended to be an alteration of the terms of	11835
that contract.	11836

(A) If a sponsor of a community school established under	11837
this chapter suspends the operation of that school pursuant to	11838
procedures set forth in this section, the governing authority	11839
shall not operate that school while the suspension is in effect.	11840
Any such suspension shall remain in effect until the sponsor	11841
notifies the governing authority that it is no longer in effect.	11842
The contract of a school of which operation is suspended under	11843
this section also may be subject to termination or nonrenewal	11844
under section 3314.07 of the Revised Code.	11845

(B) If at any time the sponsor of a community school	11846
established under this chapter determines that conditions at the	11847
school do not comply with a health and safety standard established	11848
by law for school buildings, the sponsor shall immediately suspend	11849
the operation of the school pursuant to procedures set forth in	11850
division (D) of this section.	11851

(C)(1) For any of the reasons prescribed in division	11852
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	11853
sponsor of a community school established under this chapter may	11854
suspend the operation of the school only if it first issues to the	11855
governing authority notice of the sponsor's intent to suspend the	11856
operation of the contract. Such notice shall explain the reasons	11857
for the sponsor's intent to suspend operation of the contract and	11858
shall provide the school's governing authority with five business	11859
days to submit to the sponsor a proposal to remedy the conditions	11860
cited as reasons for the suspension.	11861

(2) The sponsor shall promptly review any proposed remedy	11862
timely submitted by the governing authority and either approve or	11863
disapprove the remedy. If the sponsor disapproves the remedy	11864
proposed by the governing authority, if the governing authority	11865
fails to submit a proposed remedy in the manner prescribed by the	11866
sponsor, or if the governing authority fails to implement the	11867
remedy as approved by the sponsor, the sponsor may suspend	11868
operation of the school pursuant to procedures set forth in	11869
division (D) of this section.	11870

(D)(1) If division (B) of this section applies or if the	11871
sponsor of a community school established under this chapter	11872
decides to suspend the operation of a school as permitted in	11873
division (C)(2) of this section, the sponsor shall promptly send	11874
written notice to the governing authority stating that the	11875
operation of the school is immediately suspended, and explaining	11876
the specific reasons for the suspension. The notice shall state	11877
that the governing authority has five business days to submit a	11878
proposed remedy to the conditions cited as reasons for the	11879
suspension or face potential contract termination.	11880

(2) Upon receipt of the notice of suspension prescribed	11881
under division (D)(1) of this section, the governing authority	11882
shall immediately notify the employees of the school and the	11883
parents of the students enrolled in the school of the suspension	11884
and the reasons therefore, and shall cease all school operations	11885
on the next business day.	11886

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

11887

(1) "Base formula amount" means the amount specified as such	11888
in a community school's financial plan for a school year pursuant	11889
to division (A)(15) of section 3314.03 of the Revised Code.	11890

(2) "Cost-of-doing-business factor" has the same meaning as	11891
in section 3317.02 of the Revised Code.	11892

(3) "IEP" means an individualized education program as	11893
defined in section 3323.01 of the Revised Code.	11894

(4) "Applicable special education weight" means:

11895

(a) For a student receiving special education and related	11896
services pursuant to an IEP for a handicap described in division	11897
(A) of section 3317.013 of the Revised Code, the multiple	11898
specified in that division;	11899

(b) For a student receiving special education and related	11900
services pursuant to an IEP for a handicap described in division	11901
(B) of section 3317.013 or division (F)(3) of section 3317.02 of	11902
the Revised Code, the multiple specified in division (B) of for a	11903
handicap described in that section 3317.013 of the Revised Code.	11904

(5) "Total special education weight" means the sum of the	11905
following:	11906

(a) The number of students reported under division (B)(2)(c)	11907
of this section who are entitled to attend school in the district,	11908
are enrolled in grades one through twelve in a community school,	11909
and are receiving from their community school special education	11910
and related services pursuant to an IEP for a handicap described	11911
in division (A) of section 3317.013 of the Revised Code,	11912
multiplied by the multiple specified in division (A) of section	11913
3317.013 of the Revised Code;	11914

(b) One-half the number of students reported under division	11915
(B)(2)(c) of this section who are entitled to attend school in the	11916
district, are enrolled in kindergarten in a community school, and	11917
are receiving from their community school special education and	11918
related services pursuant to an IEP for a handicap described in	11919
division (A) of section 3317.013 of the Revised Code, multiplied	11920
by the multiple specified in division (A) of section 3317.013 of	11921
the Revised Code;	11922

(c) The number of students reported under division (B)(2)(c)	11923
of this section who are entitled to attend school in the district,	11924
are enrolled in grades one through twelve in a community school,	11925
and are receiving from their community school special education	11926
and related services pursuant to an IEP for a handicap described	11927
in division (B) of section 3317.013 or division (F)(3) of section	11928
3317.02 of the Revised Code, multiplied by the multiple specified	11929
in division (B) of section 3317.013 of the Revised Code;	11930

(d) One-half the number of students reported under division	11931
(B)(2)(c) of this section who are entitled to attend school in the	11932
district, are enrolled in kindergarten in a community school, and	11933
are receiving from their community school special education and	11934
related services pursuant to an IEP for a handicap described in	11935
division (B) of section 3317.013 or division (F)(3) of section	11936
3317.02 of the Revised Code, multiplied by the multiple specified	11937
in division (B) of section 3317.013 of the Revised Code	11938
"Applicable vocational education weight" means:	11939

(a) For a student enrolled in vocational education programs	11940
or classes described in division (A) of section 3317.014 of the	11941
Revised Code, the multiple specified in that division;	11942

(b) For a student enrolled in vocational education programs	11943
or classes described in division (B) of section 3317.014 of the	11944
Revised Code, the multiple specified in that division.	11945

(6) "Entitled to attend school" means entitled to attend	11946
school in a district under section 3313.64 or 3313.65 of the	11947
Revised Code.	11948

(7) "DPIA reduction factor" means the percentage figure, if	11949
any, for reducing the per pupil amount of disadvantaged pupil	11950
impact aid a community school is entitled to receive pursuant to	11951
divisions (D)(4)(5) and (5)(6) of this section in any year, as	11952
specified in the school's financial plan for the year pursuant to	11953
division (A)(15) of section 3314.03 of the Revised Code.	11954

(8) "All-day kindergarten" has the same meaning as in section	11955
3317.029 of the Revised Code.	11956

(B) The state board of education shall adopt rules requiring	11957
both of the following:	11958

(1) The board of education of each city, exempted village,	11959
and local school district to annually report the number of	11960
students entitled to attend school in the district who are	11961
enrolled in grades one through twelve in a community school	11962
established under this chapter, the number of students entitled to	11963
attend school in the district who are enrolled in kindergarten in	11964
a community school, the number of those kindergartners who are	11965
enrolled in all-day kindergarten in their community school, and	11966
for each child, the community school in which the child is	11967
enrolled.	11968

(2) The governing authority of each community school	11969
established under this chapter to annually report all of the	11970
following:	11971

(a) The number of students enrolled in grades one through	11972
twelve and the number of students enrolled in kindergarten in the	11973
school who are not receiving special education and related	11974
services pursuant to an IEP;	11975

(b) The number of enrolled students in grades one through	11976
twelve and the number of enrolled students in kindergarten, who	11977
are receiving special education and related services pursuant to	11978
an IEP;	11979

(c) The number of students reported under division (B)(2)(b)	11980
of this section receiving special education and related services	11981
pursuant to an IEP for a handicap described in each of divisions	11982
(A) and (B) to (F) of section 3317.013 and division (F)(3) of	11983
section 3317.02 of the Revised Code;	11984

(d) The full-time equivalent number of students reported	11985
under divisions (B)(2)(a) and (b) of this section who are enrolled	11986
in vocational education programs or classes described in each of	11987
divisions (A) and (B) of section 3317.014 of the Revised Code that	11988
are provided by the community school;	11989

(e) The number of enrolled preschool handicapped students	11990
receiving special education services in a state-funded unit;	11991

(e)(f) The community school's base formula amount;

11992

(f)(g) For each student, the city, exempted village, or	11993
local school district in which the student is entitled to attend	11994
school;	11995

(g)(h) Any DPIA reduction factor that applies to a school	11996
year.	11997

(C) From the payments made to a city, exempted village, or	11998
local school district under Chapter 3317. of the Revised Code and,	11999
if necessary, sections 321.14 and 323.156 of the Revised Code, the	12000
department of education shall annually subtract all of the	12001
following:	12002

(1) An amount equal to the sum of the amounts obtained when,	12003
for each community school where the district's students are	12004
enrolled, the number of the district's students reported under	12005
divisions (B)(2)(a) and (b) of this section who are enrolled in	12006
grades one through twelve, and one-half the number of students	12007
reported under those divisions who are enrolled in kindergarten,	12008
in that community school is multiplied by the base formula amount	12009
of that community school as adjusted by the school district's	12010
cost-of-doing-business factor.	12011

(2) The product of the number of district students reported	12012
under division (B)(2)(c) of this section as enrolled in grades one	12013
through twelve, and one-half of the number of district students	12014
reported under that division as enrolled in kindergarten, who are	12015
receiving special education and related services pursuant to an	12016
IEP in their respective community schools for a handicap described	12017
in division (A) or (B) of section 3317.013 or division (F)(3) of	12018
section 3317.02 of the Revised Code, multiplied by the total	12019
special education weight times the community school's base formula	12020
amount; sum of the amounts calculated under divisions (C)(2)(a)	12021
and (b) of this section:	12022

(a) For each of the district's students reported under	12023
division (B)(2)(c) of this section as enrolled in a community	12024
school in grades one through twelve and receiving special	12025
education and related services pursuant to an IEP for a handicap	12026
described in section 3317.013 of the Revised Code, the product of	12027
the applicable weight times the community school's base formula	12028
amount;	12029

(b) For each of the district's students reported under	12030
division (B)(2)(c) of this section as enrolled in kindergarten in	12031
a community school and receiving special education and related	12032
services pursuant to an IEP for a handicap described in section	12033
3317.013 of the Revised Code, one-half of the amount calculated as	12034
prescribed in division (C)(2)(a) of this section.	12035

(3) For each of the district's students reported under	12036
division (B)(2)(d) of this section for whom payment is made under	12037
division (D)(4) of this section, the amount of that payment;	12038

(4) An amount equal to the sum of the amounts obtained when,	12039
for each community school where the district's students are	12040
enrolled, the number of the district's students enrolled in that	12041
community school and residing in the district in a family	12042
participating in Ohio works first under Chapter 5107. of the	12043
Revised Code is multiplied by the per pupil amount of	12044
disadvantaged pupil impact aid the school district receives that	12045
year pursuant to division (B) or (C) of section 3317.029 of the	12046
Revised Code, as adjusted by any DPIA reduction factor of that	12047
community school. If the district receives disadvantaged pupil	12048
impact aid under division (B) of that section, the per pupil	12049
amount of that aid is the quotient of the amount the district	12050
received under that division divided by the number of children	12051
ages five through seventeen residing in the district and living in	12052
a family participating in Ohio works first, as most recently	12053
reported under section 3317.10 of the Revised Code. If the	12054
district receives disadvantaged pupil impact aid under division	12055
(C) of section 3317.029 of the Revised Code, the per pupil amount	12056
of that aid is the per pupil dollar amount prescribed for the	12057
district in division (C)(1) or (2) of that section.	12058

(4)(5) An amount equal to the sum of the amounts obtained	12059
when, for each community school where the district's students are	12060
enrolled, the district's per pupil amount of aid received under	12061
division (E) of section 3317.029 of the Revised Code, as adjusted	12062
by any DPIA reduction factor of the community school, is	12063
multiplied by the sum of the following:	12064

(a) The number of the district's students reported under	12065
division (B)(2)(a) of this section who are enrolled in grades one	12066
to three in that community school and who are not receiving	12067
special education and related services pursuant to an IEP;	12068

(b) One-half of the district's students who are enrolled in	12069
all-day or any other kindergarten class in that community school	12070
and who are not receiving special education and related services	12071
pursuant to an IEP;	12072

(c) One-half of the district's students who are enrolled in	12073
all-day kindergarten in that community school and who are not	12074
receiving special education and related services pursuant to an	12075
IEP.	12076

The district's per pupil amount of aid under division (E) of	12077
section 3317.029 of the Revised Code is the quotient of the amount	12078
the district received under that division divided by the	12079
district's kindergarten through third grade ADM, as defined in	12080
that section.	12081

(D) The department shall annually pay to a community school	12082
established under this chapter all of the following:	12083

(1) An amount equal to the sum of the amounts obtained when	12084
the number of students enrolled in grades one through twelve, plus	12085
one-half of the kindergarten students in the school, reported	12086
under divisions (B)(2)(a) and (b) of this section who are not	12087
receiving special education and related services pursuant to an	12088
IEP for a handicap described in division (A) or (B) of section	12089
3317.013 or division (F)(3) of section 3317.02 of the Revised Code	12090
is multiplied by the community school's base formula amount, as	12091
adjusted by the cost-of-doing-business factor of the school	12092
district in which the student is entitled to attend school;	12093

(2) The greater of the following:

12094

(a) The aggregate amount that the department paid to the	12095
community school in fiscal year 1999 for students receiving	12096
special education and related services pursuant to IEPs, excluding	12097
federal funds and state disadvantaged pupil impact aid funds;	12098

(b) The sum of the amounts calculated under divisions	12099
(D)(2)(b)(i) and (ii) of this section:	12100

(i) For each student reported under division (B)(2)(c) of	12101
this section as enrolled in the school in grades one through	12102
twelve and receiving special education and related services	12103
pursuant to an IEP for a handicap described in division (A) or (B)	12104
of section 3317.013 or division (F)(3) of section 3317.02 of the	12105
Revised Code, the following amount:	12106

(the community school's base formula amount X the

12107

cost-of-doing-business factor of the district where the student

12108

is entitled to attend school) + (the applicable special education	12109
weight	12110

X the community school's base formula amount);

12111

(ii) For each student reported under division (B)(2)(c) of	12112
this section as enrolled in kindergarten and receiving special	12113
education and related services pursuant to an IEP for a handicap	12114
described in division (A) or (B) of section 3317.013 or division	12115
(F)(3) of section 3317.02 of the Revised Code, one-half of the	12116
amount calculated under the formula prescribed in division	12117
(D)(2)(b)(i) of this section.	12118

(3) An amount received from federal funds to provide special	12119
education and related services to students in the community	12120
school, as determined by the superintendent of public instruction.	12121

(4) For each student reported under division (B)(2)(d) of	12122
this section as enrolled in vocational education programs or	12123
classes that are described in section 3317.014 of the Revised	12124
Code, are provided by the community school, and are comparable as	12125
determined by the superintendent of public instruction to school	12126
district vocational education programs and classes eligible for	12127
state weighted funding under section 3317.014 of the Revised Code,	12128
an amount equal to the applicable vocational education weight	12129
times the community school's base formula amount times the	12130
percentage of time the student spends in the vocational education	12131
programs or classes.	12132

(5) An amount equal to the sum of the amounts obtained when,	12133
for each school district where the community school's students are	12134
entitled to attend school, the number of that district's students	12135
enrolled in the community school and participating in Ohio works	12136
first is multiplied by the per pupil amount of disadvantaged pupil	12137
impact aid that school district receives that year pursuant to	12138
division (B) or (C) of section 3317.029 of the Revised Code, as	12139
adjusted by any DPIA reduction factor of the community school. The	12140
per pupil amount of aid shall be determined as described in	12141
division (C)(3) of this section.	12142

(5)(6) An amount equal to the sum of the amounts obtained	12143
when, for each school district where the community school's	12144
students are entitled to attend school, the district's per pupil	12145
amount of aid received under division (E) of section 3317.029 of	12146
the Revised Code, as adjusted by any DPIA reduction factor of the	12147
community school, is multiplied by the sum of the following:	12148

(a) The number of the district's students reported under	12149
division (B)(2)(a) of this section who are enrolled in grades one	12150
to three in that community school and who are not receiving	12151
special education and related services pursuant to an IEP;	12152

(b) One-half of the district's students who are enrolled in	12153
all-day or any other kindergarten class in that community school	12154
and who are not receiving special education and related services	12155
pursuant to an IEP;	12156

(c) One-half of the district's students who are enrolled in	12157
all-day kindergarten in that community school and who are not	12158
receiving special education and related services pursuant to an	12159
IEP.	12160

The district's per pupil amount of aid under division (E) of	12161
section 3317.029 of the Revised Code shall be determined as	12162
described in division (C)(4)(5) of this section.	12163

(E) If a community school's costs for a fiscal year for a	12164
student receiving special education and related services pursuant	12165
to an IEP for a handicap described in division (F)(3) divisions	12166
(B) to (F) of section 3317.02 3317.013 of the Revised Code are	12167
twenty-five thousand dollars or more, the school may submit to the	12168
superintendent of public instruction documentation, as prescribed	12169
by the superintendent, of all its costs for that student. Upon	12170
submission of documentation for a student of the type and in the	12171
manner prescribed, the department shall pay to the community	12172
school an amount equal to the school's costs for the student in	12173
excess of twenty-five thousand dollars.	12174

The community school shall only report, and the department	12175
shall only pay for, the costs of educational expenses and the	12176
related services provided to the student in accordance with the	12177
student's individualized education program. Any legal fees, court	12178
costs, or other costs associated with any cause of action relating	12179
to the student may not be included in the amount.	12180

(F) A community school may apply to the department of	12181
education for preschool handicapped or gifted unit funding the	12182
school would receive if it were a school district. Upon request	12183
of its governing authority, a community school that received unit	12184
funding as a school district-operated school before it became a	12185
community school shall retain any units awarded to it as a school	12186
district-operated school provided the school continues to meet	12187
eligibility standards for the unit.	12188

A community school shall be considered a school district and	12189
its governing authority shall be considered a board of education	12190
for the purpose of applying to any state or federal agency for	12191
grants that a school district may receive under federal or state	12192
law or any appropriations act of the general assembly. The	12193
governing authority of a community school may apply to any private	12194
entity for additional funds.	12195

(G) A board of education sponsoring a community school may	12196
utilize local funds to make enhancement grants to the school or	12197
may agree, either as part of the contract or separately, to	12198
provide any specific services to the community school at no cost	12199
to the school.	12200

(H) A community school may not levy taxes or issue bonds	12201
secured by tax revenues.	12202

(I) No community school shall charge tuition for the	12203
enrollment of any student.	12204

(J) A community school may borrow money to pay any necessary	12205
and actual expenses of the school in anticipation of the receipt	12206
of any portion of the payments to be received by the school	12207
pursuant to division (D) of this section. The school may issue	12208
notes to evidence such borrowing to mature no later than the end	12209
of the fiscal year in which such money was borrowed. The proceeds	12210
of the notes shall be used only for the purposes for which the	12211
anticipated receipts may be lawfully expended by the school.	12212

(K) For purposes of determining the number of students for	12213
which divisions (D)(4)(5) and (5)(6) of this section applies in	12214
any school year, a community school may submit to the department	12215
of job and family services, no later than the first day of March,	12216
a list of the students enrolled in the school. For each student	12217
on the list, the community school shall indicate the student's	12218
name, address, and date of birth and the school district where the	12219
student is entitled to attend school. Upon receipt of a list	12220
under this division, the department of job and family services	12221
shall determine, for each school district where one or more	12222
students on the list is entitled to attend school, the number of	12223
students residing in that school district who were included in the	12224
department's report under section 3317.10 of the Revised Code. The	12225
department shall make this determination on the basis of	12226
information readily available to it. Upon making this	12227
determination and no later than ninety days after submission of	12228
the list by the community school, the department shall report to	12229
the state department of education the number of students on the	12230
list who reside in each school district who were included in the	12231
department's report under section 3317.10 of the Revised Code. In	12232
complying with this division, the department of job and family	12233
services shall not report to the state department of education any	12234
personally identifiable information on any student.	12235

(L) The department of education shall adjust the amounts	12236
subtracted and paid under divisions (C) and (D) of this section to	12237
reflect any enrollment of students in community schools for less	12238
than the equivalent of a full school year. For purposes of this	12239
section, a student shall be considered enrolled in the community	12240
school for any portion of the school year the student is	12241
participating at a college under Chapter 3365. of the Revised	12242
Code.	12243

(M) The department of education shall reduce the amounts	12244
paid under division (D) of this section to reflect payments made	12245
to colleges under division (B) of section 3365.07 of the Revised	12246
Code.	12247

Sec. 3314.09.  (A) As used in this section and section	12248
3314.091 of the Revised Code, "native student" means a student	12249
entitled to attend school in the school district under section	12250
3313.64 or 3313.65 of the Revised Code.	12251

The (B) Except as provided in section 3314.091 of the	12252
Revised Code, the board of education of each city, local, and	12253
exempted village school district shall provide transportation to	12254
and from school for its district's native students enrolled in a	12255
community school located in that district or another district on	12256
the same basis that it provides transportation for its native	12257
students enrolled in schools to which they are assigned by the	12258
board of education at the same grade level and who live the same	12259
distance from school except when, in the judgment of the board,	12260
confirmed by the state board of education, the transportation is	12261
unnecessary or unreasonable. A board shall not be required to	12262
transport nonhandicapped students to and from a community school	12263
located in another school district if the transportation would	12264
require more than thirty minutes of direct travel time as measured	12265
by school bus from the collection point designated by the	12266
district's coordinator of school transportation.	12267

(C) Where it is impractical to transport a pupil to and from	12268
a community school by school conveyance, a board may, in lieu of	12269
providing the transportation, pay a parent, guardian, or other	12270
person in charge of the child. The amount paid per pupil shall in	12271
no event exceed the average transportation cost per pupil, which	12272
shall be based on the cost of transportation of children by all	12273
boards of education in this state during the next preceding year.	12274

(D) The daily and annual instructional schedules of a	12275
community school are the sole responsibility of the community	12276
school's governing authority, and are subject only to the	12277
requirements of this chapter and the governing authority's	12278
contract with its sponsor. Each school district board of	12279
education that is required to provide transportation for community	12280
school students under this section shall provide the	12281
transportation in accordance with those schedules so that students	12282
may be present on time and at all times that the community school	12283
is open for instruction.	12284

Sec. 3314.091.  (A) A school district is not required to	12285
provide transportation for any native student enrolled in a	12286
community school if the district board of education has entered	12287
into an agreement with the community school's governing authority	12288
that designates the community school as responsible for providing	12289
or arranging for the transportation of the district's native	12290
students to and from the community school. For any such agreement	12291
to be effective, it must be certified by the superintendent of	12292
public instruction as having met both of the following	12293
requirements:	12294

(1) It is submitted to the department of education by a	12295
deadline which shall be established by the department.	12296

(2) It specifies qualifications, such as residing a minimum	12297
distance from the school, for students to have their	12298
transportation provided or arranged.	12299

(B)(1) A community school governing board that enters into	12300
an agreement to provide transportation under this section shall	12301
provide or arrange transportation free of any charge for each of	12302
its enrolled students in grades kindergarten through eight who	12303
live more than two miles from the school, except that the	12304
governing board may make a payment in lieu of providing	12305
transportation to the parent, guardian, or person in charge of the	12306
student at the same rate as specified for a school district board	12307
in division (C) of section 3314.09 of the Revised Code if the	12308
drive time measured by the vehicle specified by the school for	12309
transporting the students from the student's residence to the	12310
school is more than thirty minutes. The governing board may	12311
provide or arrange transportation for any other enrolled student	12312
and may charge a fee for such service. The governing board may	12313
request the payment specified under division (C) of this section	12314
for any student it transports, for whom it arranges	12315
transportation, or for whom it makes a payment in lieu of	12316
providing transportation if the student lives more than one mile	12317
from the community school.	12318

(2) Notwithstanding anything to the contrary in division	12319
(B)(1) of this section, a community school governing board shall	12320
provide or arrange transportation free of any charge for any	12321
disabled student enrolled in the school for whom the student's	12322
individualized education program developed under Chapter 3323. of	12323
the Revised Code specifies transportation.	12324

(C)(1) If a school district board and a community school	12325
governing authority elect to enter into an agreement under this	12326
section, the department of education annually shall pay the	12327
community school the amount specified in division (C)(2) of this	12328
section for each of the enrolled students for whom the school's	12329
governing authority provides or arranges transportation to and	12330
from school. The department shall deduct the payment from the	12331
state payment under Chapter 3317. and, if necessary, sections	12332
321.14 and 323.156 of the Revised Code that is otherwise paid to	12333
the school district in which the student enrolled in the community	12334
school resides. The department shall include the number of the	12335
district's native students for whom payment is made to a community	12336
school under this division in the calculation of the district's	12337
transportation payment under division (D) of section 3317.022 of	12338
the Revised Code.	12339

A community school shall be paid under this division only for	12340
students who live more than one mile from the school and whose	12341
transportation to and from school is actually provided or arranged	12342
or for whom a payment in lieu of transportation is made by the	12343
community school's governing authority. To qualify for the	12344
payments, the community school shall report to the department, in	12345
the form and manner required by the department, data on the	12346
number of students transported or whose transportation is	12347
arranged, the number of miles traveled, cost to transport, and any	12348
other information requested by the department.	12349

A community school shall use payments received under this	12350
division solely to pay the costs of providing or arranging for the	12351
transportation of students who live more than one mile from the	12352
school, which may include payments to a parent, guardian, or other	12353
person in charge of a child in lieu of transportation.	12354

(2) The payment to a community school governing authority	12355
under this section for each student who lives more than one mile	12356
from the school or who is disabled and whose individualized	12357
education program requires transportation and for whom the school	12358
actually provides or arranges transportation or makes a payment in	12359
lieu of providing transportation, shall be made according to the	12360
following schedule:	12361

(a) In fiscal year 2002, four-hundred fifty dollars per	12362
student;	12363

(b) In fiscal year 2003 and every fiscal year thereafter,	12364
the amount specified in division (C)(2)(a) of this section	12365
multiplied by the negative or positive percentage of change	12366
reported in the consumer price index (all urban consumers,	12367
transportation) by the bureau of labor statistics of the United	12368
States department of labor from the beginning of the calendar year	12369
that ended just prior to the beginning of the fiscal year to the	12370
end of that calendar year.	12371

(D) Except when arranged through payment to a parent,	12372
guardian, or person in charge of a child, transportation provided	12373
or arranged for by a community school pursuant to an agreement	12374
under this section is subject to all provisions of the Revised	12375
Code, and all rules adopted under the Revised Code, pertaining to	12376
the construction, design, equipment, and operation of school buses	12377
and other vehicles transporting students to and from school. The	12378
drivers and mechanics of the vehicles are subject to all	12379
provisions of the Revised Code, and all rules adopted under the	12380
Revised Code, pertaining to drivers and mechanics of such	12381
vehicles. The community school also shall comply with sections	12382
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	12383
of the Revised Code as if it were a school district. For purposes	12384
of complying with section 3327.10 of the Revised Code, the	12385
educational service center that serves the county in which the	12386
community school is located shall be the certifying agency, unless	12387
the agreement designates the school district as the certifying	12388
agency.	12389

Sec. 3317.01.  As used in this section and section 3317.011	12390
of the Revised Code, "school district," unless otherwise	12391
specified, means any city, local, exempted village, joint	12392
vocational, or cooperative education school district and any	12393
educational service center.	12394

This chapter shall be administered by the state board of	12395
education. The superintendent of public instruction shall	12396
calculate the amounts payable to each school district and shall	12397
certify the amounts payable to each eligible district to the	12398
treasurer of the district as provided by this chapter. No moneys	12399
shall be distributed pursuant to this chapter without the approval	12400
of the controlling board.	12401

The state board of education shall, in accordance with	12402
appropriations made by the general assembly, meet the financial	12403
obligations of this chapter.	12404

Annually, the department of education shall calculate and	12405
report to each school district the district's total state and	12406
local funds for providing an adequate basic education to the	12407
district's nonhandicapped students, utilizing the determination in	12408
section 3317.012 of the Revised Code. In addition, the department	12409
shall calculate and report separately for each school district the	12410
district's total state and local funds for providing an adequate	12411
education for its handicapped students, utilizing the	12412
determinations in both sections 3317.012 and 3317.013 of the	12413
Revised Code.	12414

Not later than the thirty-first day of August of each fiscal	12415
year, the department of education shall provide to each school	12416
district and county MR/DD board a preliminary estimate of the	12417
amount of funding that the department calculates the district will	12418
receive under each of divisions (C)(1) and (5)(4) of section	12419
3317.022 of the Revised Code. No later than the first day of	12420
December of each fiscal year, the department shall update that	12421
preliminary estimate.	12422

Moneys distributed pursuant to this chapter shall be	12423
calculated and paid on a fiscal year basis, beginning with the	12424
first day of July and extending through the thirtieth day of June.	12425
The moneys appropriated for each fiscal year shall be distributed	12426
at least monthly to each school district unless otherwise provided	12427
for. The state board shall submit a yearly distribution plan to	12428
the controlling board at its first meeting in July. The state	12429
board shall submit any proposed midyear revision of the plan to	12430
the controlling board in January. Any year-end revision of the	12431
plan shall be submitted to the controlling board in June. If	12432
moneys appropriated for each fiscal year are distributed other	12433
than monthly, such distribution shall be on the same basis for	12434
each school district.	12435

The total amounts paid each month shall constitute, as nearly	12436
as possible, one-twelfth of the total amount payable for the	12437
entire year. Payments made during the first six months of the	12438
fiscal year may be based on an estimate of the amounts payable for	12439
the entire year. Payments made in the last six months shall be	12440
based on the final calculation of the amounts payable to each	12441
school district for that fiscal year. Payments made in the last	12442
six months may be adjusted, if necessary, to correct the amounts	12443
distributed in the first six months, and to reflect enrollment	12444
increases when such are at least three per cent. Except as	12445
otherwise provided, payments under this chapter shall be made only	12446
to those school districts in which:	12447

(A) The school district, except for any educational service	12448
center and any joint vocational or cooperative education school	12449
district, levies for current operating expenses at least twenty	12450
mills. Levies for joint vocational or cooperative education	12451
school districts or county school financing districts, limited to	12452
or to the extent apportioned to current expenses, shall be	12453
included in this qualification requirement. School district	12454
income tax levies under Chapter 5748. of the Revised Code, limited	12455
to or to the extent apportioned to current operating expenses,	12456
shall be included in this qualification requirement to the extent	12457
determined by the tax commissioner under division (D) of section	12458
3317.021 of the Revised Code.	12459

(B) The school year next preceding the fiscal year for which	12460
such payments are authorized meets the requirement of section	12461
3313.48 or 3313.481 of the Revised Code, with regard to the	12462
minimum number of days or hours school must be open for	12463
instruction with pupils in attendance, for individualized	12464
parent-teacher conference and reporting periods, and for	12465
professional meetings of teachers. This requirement shall be	12466
waived by the superintendent of public instruction if it had been	12467
necessary for a school to be closed because of disease epidemic,	12468
hazardous weather conditions, inoperability of school buses or	12469
other equipment necessary to the school's operation, damage to a	12470
school building, or other temporary circumstances due to utility	12471
failure rendering the school building unfit for school use,	12472
provided that for those school districts operating pursuant to	12473
section 3313.48 of the Revised Code the number of days the school	12474
was actually open for instruction with pupils in attendance and	12475
for individualized parent-teacher conference and reporting periods	12476
is not less than one hundred seventy-five, or for those school	12477
districts operating on a trimester plan the number of days the	12478
school was actually open for instruction with pupils in attendance	12479
not less than seventy-nine days in any trimester, for those school	12480
districts operating on a quarterly plan the number of days the	12481
school was actually open for instruction with pupils in attendance	12482
not less than fifty-nine days in any quarter, or for those school	12483
districts operating on a pentamester plan the number of days the	12484
school was actually open for instruction with pupils in attendance	12485
not less than forty-four days in any pentamester.	12486

A school district shall not be considered to have failed to	12487
comply with this division or section 3313.481 of the Revised Code	12488
because schools were open for instruction but either twelfth grade	12489
students were excused from attendance for up to three days or only	12490
a portion of the kindergarten students were in attendance for up	12491
to three days in order to allow for the gradual orientation to	12492
school of such students.	12493

The superintendent of public instruction shall waive the	12494
requirements of this section with reference to the minimum number	12495
of days or hours school must be in session with pupils in	12496
attendance for the school year succeeding the school year in which	12497
a board of education initiates a plan of operation pursuant to	12498
section 3313.481 of the Revised Code. The minimum requirements of	12499
this section shall again be applicable to such a district	12500
beginning with the school year commencing the second July	12501
succeeding the initiation of one such plan, and for each school	12502
year thereafter.	12503

A school district shall not be considered to have failed to	12504
comply with this division or section 3313.48 or 3313.481 of the	12505
Revised Code because schools were open for instruction but the	12506
length of the regularly scheduled school day, for any number of	12507
days during the school year, was reduced by not more than two	12508
hours due to hazardous weather conditions.	12509

(C) The school district has on file, and is paying in	12510
accordance with, a teachers' salary schedule which complies with	12511
section 3317.13 of the Revised Code.	12512

A board of education or governing board of an educational	12513
service center which has not conformed with other law and the	12514
rules pursuant thereto, shall not participate in the distribution	12515
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	12516
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	12517
and sufficient reason established to the satisfaction of the state	12518
board of education and the state controlling board.	12519

All funds allocated to school districts under this chapter,	12520
except those specifically allocated for other purposes, shall be	12521
used to pay current operating expenses only.	12522

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	12523
school district expenditure and cost data for fiscal year 1996	12524
1999, performed the calculation described in division (B) of this	12525
section, and adjusted the results for inflation, and added the	12526
amounts described in division (A)(2) of this section, hereby	12527
determines that the base cost of an adequate education per pupil	12528
for the fiscal year beginning July 1, 1998 2001, is $4,063 $4,814.	12529
For the five following fiscal years, the base cost per pupil for	12530
each of those years, reflecting an annual rate of inflation of two	12531
and eight-tenths per cent, is $4,177 $4,949 for fiscal year 2000	12532
2003, $4,294 $5,088 for fiscal year 2001 2004, $4,414 $5,230 for	12533
fiscal year 2002 2005, $4,538 $5,376 for fiscal year 2003 2006,	12534
and $4,665 $5,527 for fiscal year 2004 2007.	12535

(2) The base cost per pupil amounts specified in division	12536
(A)(1) of this section include amounts to reflect the cost to	12537
school districts of increasing the minimum number of high school	12538
academic units required for graduation beginning September 15,	12539
2001, under section 3313.603 of the Revised Code. Analysis of	12540
fiscal year 1999 data revealed that the school districts meeting	12541
the requirements of division (B) of this section on average	12542
required high school students to complete a minimum of nineteen	12543
and eight-tenths units to graduate. The general assembly	12544
determines that the cost of funding the additional two-tenths unit	12545
required by section 3313.603 of the Revised Code is $12 per pupil	12546
in fiscal year 2002. This amount was added after the calculation	12547
described in division (B) of this section and the adjustment for	12548
inflation from fiscal year 1999 to fiscal year 2002. It is this	12549
total amount, the calculated base cost plus the supplement to pay	12550
for the additional partial unit, that constitutes the base cost	12551
amount specified in division (A)(1) of this section for fiscal	12552
year 2002 and that is inflated to produce the base cost amounts	12553
for fiscal years 2003 through 2007.	12554

(B) In determining the base cost stated in division (A) of	12555
this section, capital and debt costs, costs paid for by federal	12556
funds, and costs covered by funds provided pursuant to sections	12557
3317.023 and 3317.024 of the Revised Code as they existed prior to	12558
July 1, 1998, for disadvantaged pupil impact aid and	12559
transportation were excluded, as were the effects on the	12560
districts' state funds of the application of the	12561
cost-of-doing-business factors, assuming an eighteen a seven and	12562
one-half per cent variance.	12563

The base cost for fiscal year 1996 1999 was calculated as the	12564
unweighted average cost per student, on a school district basis,	12565
of educating students who were not receiving vocational education	12566
or services pursuant to Chapter 3323. of the Revised Code and who	12567
were enrolled in a city, exempted village, or local school	12568
district that in fiscal year 1994 1999 met all of the following	12569
criteria:	12570

(1) The district met at least all but one twenty of the	12571
following twenty-seven performance standards:	12572

(a) A three ninety per cent or lower dropout higher	12573
graduation rate;	12574

(b) At least seventy-five per cent of fourth graders	12575
proficient on the mathematics test prescribed under division	12576
(A)(1) of section 3301.0710 of the Revised Code;	12577

(c) At least seventy-five per cent of fourth graders	12578
proficient on the reading test prescribed under division (A)(1) of	12579
section 3301.0710 of the Revised Code;	12580

(d) At least seventy-five per cent of fourth graders	12581
proficient on the writing test prescribed under division (A)(1) of	12582
section 3301.0710 of the Revised Code;	12583

(e) At least seventy-five per cent of fourth graders	12584
proficient on the citizenship test prescribed under division	12585
(A)(1) of section 3301.0710 of the Revised Code;	12586

(f) At least seventy-five per cent of fourth graders	12587
proficient on the science test prescribed under division (A)(1) of	12588
section 3301.0710 of the Revised Code;	12589

(g) At least seventy-five per cent of sixth graders	12590
proficient on the mathematics test prescribed under division	12591
(A)(2) of section 3301.0710 of the Revised Code;	12592

(h) At least seventy-five per cent of sixth graders	12593
proficient on the reading test prescribed under division (A)(2) of	12594
section 3301.0710 of the Revised Code;	12595

(i) At least seventy-five per cent of sixth graders	12596
proficient on the writing test prescribed under division (A)(2) of	12597
section 3301.0710 of the Revised Code;	12598

(j) At least seventy-five per cent of sixth graders	12599
proficient on the citizenship test prescribed under division	12600
(A)(2) of section 3301.0710 of the Revised Code;	12601

(k) At least seventy-five per cent of sixth graders	12602
proficient on the science test prescribed under division (A)(2) of	12603
section 3301.0710 of the Revised Code;	12604

(l) At least seventy-five per cent of ninth graders	12605
proficient on the mathematics test prescribed under former	12606
division (B) of section 3301.0710 of the Revised Code Section 4 of	12607
Am. Sub. S.B. 55 of the 122nd general assembly;	12608

(g)(m) At least seventy-five per cent of ninth graders	12609
proficient on the reading test prescribed under former division	12610
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12611
S.B. 55 of the 122nd general assembly;	12612

(h)(n) At least seventy-five per cent of ninth graders	12613
proficient on the writing test prescribed under former division	12614
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12615
S.B. 55 of the 122nd general assembly;	12616

(i)(o) At least seventy-five per cent of ninth graders	12617
proficient on the citizenship test prescribed under former	12618
division (B) of section 3301.0710 of the Revised Code Section 4 of	12619
Am. Sub. S.B. 55 of the 122nd general assembly;	12620

(j)(p) At least seventy-five per cent of ninth graders	12621
proficient on the science test prescribed under Section 4 of Am.	12622
Sub. S.B. 55 of the 122nd general assembly;	12623

(q) At least eighty-five per cent of tenth graders proficient	12624
on the mathematics test prescribed under former division (B) of	12625
section 3301.0710 of the Revised Code Section 4 of Am. Sub. S.B.	12626
55 of the 122nd general assembly;	12627

(k)(r) At least eighty-five per cent of tenth graders	12628
proficient on the reading test prescribed under former division	12629
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12630
S.B. 55 of the 122nd general assembly;	12631

(l)(s) At least eighty-five per cent of tenth graders	12632
proficient on the writing test prescribed under former division	12633
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12634
S.B. 55 of the 122nd general assembly;	12635

(m)(t) At least eighty-five per cent of tenth graders	12636
proficient on the citizenship test prescribed under former	12637
division (B) of section 3301.0710 of the Revised Code Section 4 of	12638
Am. Sub. S.B. 55 of the 122nd general assembly;	12639

(n)(u) At least eighty-five per cent of tenth graders	12640
proficient on the science test prescribed under Section 4 of Am.	12641
Sub. S.B. 55 of the 122nd general assembly;	12642

(v) At least sixty per cent of twelfth graders proficient on	12643
the mathematics test prescribed under division (A)(3) of section	12644
3301.0710 of the Revised Code;	12645

(o)(w) At least sixty per cent of twelfth graders proficient	12646
on the reading test prescribed under division (A)(3) of section	12647
3301.0710 of the Revised Code;	12648

(p)(x) At least sixty per cent of twelfth graders proficient	12649
on the writing test prescribed under division (A)(3) of section	12650
3301.0710 of the Revised Code;	12651

(q)(y) At least sixty per cent of twelfth graders proficient	12652
on the citizenship test prescribed under division (A)(3) of	12653
section 3301.0710 of the Revised Code;	12654

(r)(z) At least sixty per cent of twelfth graders proficient	12655
on the science test prescribed under division (A)(3) of section	12656
3301.0710 of the Revised Code;	12657

(aa) An attendance rate for the year of at least	12658
ninety-three per cent as defined in section 3302.01 of the Revised	12659
Code.	12660

(2) The district was not among the ten five per cent of all	12661
districts with the highest income factors, as defined in section	12662
3317.02 of the Revised Code, nor among the ten five per cent of	12663
all districts with the lowest income factors.	12664

(3) The district was not among the five per cent of all	12665
districts with the highest valuation per pupil in ADM, as reported	12666
under division (A) of section 3317.03 of the Revised Code as it	12667
existed prior to July 1, 1998, nor among the five per cent of all	12668
districts with the lowest valuation per pupil.	12669

This model for calculating the base cost of an adequate	12670
education is expenditure-based. The general assembly recognizes	12671
that increases in state funding to school districts since fiscal	12672
year 1996, the fiscal year upon which the general assembly based	12673
its model for calculating state funding to school districts for	12674
fiscal years 1999 through 2001, has increased school district base	12675
cost expenditures for fiscal year 1999, the fiscal year upon which	12676
the general assembly based its model for calculating state funding	12677
for fiscal years 2002 through 2007. In the case of school	12678
districts included in both models as a result of meeting the	12679
performance criteria of both former and current division (B) of	12680
this section, the increased state funding may have driven the	12681
districts' expenditures beyond the expenditures that were actually	12682
needed to maintain their educational programs at the level	12683
necessary to maintain their status as model districts. The	12684
general assembly has determined to control for this effect by	12685
stipulating in the later model that the fiscal year 1999 base cost	12686
expenditures of the districts included in the earlier model equals	12687
their base cost expenditures per pupil for fiscal year 1996,	12688
inflated to fiscal year 1999 using an annual rate of inflation of	12689
two and eight-tenths per cent. For districts in the 1999 model	12690
that were not also included in the 1996 model, the actual 1999	12691
base cost per pupil expenditures were used in the calculation of	12692
the average district per pupil costs of the model districts.	12693

(C) In July of 2000 2005, and in July of every six years	12694
thereafter, the speaker of the house of representatives and the	12695
president of the senate shall each appoint three members to a	12696
committee to reexamine the cost of an adequate education. No more	12697
than two members from any political party shall represent each	12698
house. The director of budget and management and the	12699
superintendent of public instruction shall serve as nonvoting ex	12700
officio members of the committee.	12701

The committee shall select a rational methodology for	12702
calculating the costs of an adequate education system for the	12703
ensuing six-year period, and shall report the methodology and the	12704
resulting costs to the general assembly. In performing its	12705
function, the committee is not bound by any method used by	12706
previous general assemblies to examine and calculate costs and	12707
instead may utilize any rational method it deems suitable and	12708
reasonable given the educational needs and requirements of the	12709
state at that time.	12710

The methodology for determining the cost of an adequate	12711
education system shall take into account the basic educational	12712
costs that all districts incur in educating regular students, the	12713
unique needs of special categories of students, and significant	12714
special conditions encountered by certain classifications of	12715
school districts.	12716

The committee also shall redetermine, for purposes of	12717
updating the parity aid calculation under section 3317.0217 of the	12718
Revised Code, the average number of effective operating mills that	12719
school districts in the seventieth to ninetieth percentiles of	12720
valuations per pupil collect above the revenues required to	12721
finance their attributed local shares of the calculated cost of an	12722
adequate education.	12723

Any committee appointed pursuant to this section shall make	12724
its report to the office of budget and management and the general	12725
assembly within six months one year of its appointment so that the	12726
information is available for use by the office and the general	12727
assembly in preparing the next biennial appropriations act.	12728

Sec. 3317.013.  This section does not apply to handicapped	12729
preschool students.	12730

Analysis of special education cost data has resulted in a	12731
finding that the average special education additional cost per	12732
pupil, including the costs of related services, can be expressed	12733
as a multiple of the base cost per pupil calculated under section	12734
3317.012 of the Revised Code. The multiples for the following	12735
categories of special education programs, as these programs are	12736
defined for purposes of Chapter 3323. of the Revised Code, and	12737
adjusted as provided in this section for fiscal years 2002 and	12738
2003, are as follows:	12739

(A) A multiple of 0.2892 for students whose primary or only	12740
identified handicap is a speech and language handicap, as this	12741
term is defined pursuant to Chapter 3323. of the Revised Code;	12742

(B) A multiple of 0.22 0.4240 for students identified as	12743
specific learning disabled, other health handicapped, or	12744
developmentally handicapped, or severe behavior handicapped, as	12745
these terms are defined pursuant to Chapter 3323. of the Revised	12746
Code;	12747

(B)(C) A multiple of 3.01 1.6736 for students identified as	12748
hearing handicapped, orthopedically handicapped, or vision	12749
impaired, multihandicapped, and severe behavior handicapped, as	12750
these terms are defined pursuant to Chapter 3323. of the Revised	12751
Code;	12752

(D) A multiple of 3.0022 for students identified as	12753
orthopedically handicapped or other health handicapped, as these	12754
terms are defined pursuant to Chapter 3323. of the Revised Code;	12755

(E) A multiple of 3.7507 for students identified as	12756
multihandicapped or as both visually and hearing disabled, as	12757
these terms are defined pursuant to Chapter 3323. of the Revised	12758
Code;	12759

(F) A multiple of 4.7693 for students identified as autistic	12760
or having traumatic brain injuries, as these terms are defined	12761
pursuant to Chapter 3323. of the Revised Code.	12762

Further analysis indicates that approximately one-eighth of	12763
the total costs of serving special education students consists of	12764
the furnishing of the related services specified in division	12765
(B)(3) of section 3317.022 of the Revised Code.	12766

In fiscal year 2002, the multiples specified in divisions (A)	12767
to (F) of this section shall be adjusted by multiplying them by	12768
0.805. In fiscal year 2003, the multiples specified in those	12769
divisions shall be adjusted by multiplying them by 0.85.	12770

Sec. 3317.014.  The average vocational education additional	12771
cost per pupil can be expressed as a multiple of the base cost per	12772
pupil calculated under section 3317.012 of the Revised Code. the	12773
multiples for the following categories of vocational education	12774
programs are as follows:	12775

(A) A multiple of 0.60 0.57 for students enrolled in	12776
vocational education job-training and workforce development	12777
programs approved by the department of education in accordance	12778
with rules adopted under section 3313.90 of the Revised Code.	12779

The rules adopted under this division may provide for	12780
programs that include instructional time beyond the normal periods	12781
of instruction, including summers, for areas of study such as	12782
agriculture. For any such program, the multiple of 0.57 may be	12783
apportioned so that the multiple for the normal school year is	12784
less than the multiple for the additional instructional time but	12785
that a school district may receive the entire value of the weight	12786
for the program if the program extends beyond the normal periods	12787
of instruction.	12788

(B) A multiple of 0.30 0.28 for students enrolled in	12789
vocational education classes other than job-training and workforce	12790
development programs.	12791

Vocational education associated services costs can be	12792
expressed as a multiple of 0.05 of the base cost per pupil	12793
calculated under section 3317.012 of the Revised Code.	12794

The general assembly has adjusted the multiples specified in	12795
this section for calculating payments beginning in fiscal year	12796
2002 in recognition that its policy change regarding the	12797
application of the cost-of-doing-business factor produces a higher	12798
base cost amount than would exist if no change were made to its	12799
application. The adjustment maintains the same weighted costs as	12800
would exist if no change were made to the application of the	12801
cost-of-doing-business factor.	12802

Sec. 3317.02.  As used in this chapter:

12803

(A) Unless otherwise specified, "school district" means	12804
city, local, and exempted village school districts.	12805

(B) "Formula amount" means the base cost for the fiscal year	12806
specified in section 3317.012 of the Revised Code, except that to	12807
allow for the orderly phase-in of the increased funding specified	12808
in that section, the formula amount for fiscal year 1999 shall be	12809
$3,851, and the formula amount for fiscal year 2000 shall be	12810
$4,052. Thereafter, the formula amount shall be as specified in	12811
that section.	12812

(C) "FTE basis" means a count of students based on full-time	12813
equivalency, in accordance with rules adopted by the department of	12814
education pursuant to section 3317.03 of the Revised Code. In	12815
adopting its rules under this division, the department shall	12816
provide for counting any student in category one, two, or three,	12817
four, five, or six special education ADM or in category one or two	12818
vocational education ADM in the same proportion the student is	12819
counted in formula ADM.	12820

(D)(1) "Formula ADM" means, for a city, local, or exempted	12821
village school district, the number reported pursuant to division	12822
(A) of section 3317.03 of the Revised Code, and for a joint	12823
vocational school district, the number reported pursuant to	12824
division (D) of that section.	12825

(2) "Three-year average formula ADM" means the average of	12826
formula ADMs for the current and preceding two fiscal years.	12827
However, as applicable in fiscal years 1999 and 2000, the	12828
three-year average for city, local, and exempted village school	12829
districts shall be determined utilizing the FY 1997 ADM or FY 1998	12830
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In	12831
fiscal years 2000 and 2001, the three-year average for joint	12832
vocational school districts shall be determined utilizing the	12833
average daily membership reported in fiscal years 1998 and 1999	12834
under division (D) of section 3317.03 of the Revised Code in lieu	12835
of formula ADM for fiscal years 1998 and 1999.	12836

(E) "FY 1997 ADM" or "FY 1998 ADM" means the school	12837
district's average daily membership reported for the applicable	12838
fiscal year under the version of division (A) of section 3317.03	12839
of the Revised Code in effect during that fiscal year, adjusted as	12840
follows:	12841

(1) Minus the average daily membership of handicapped	12842
preschool children;	12843

(2) Minus one-half of the average daily membership attending	12844
kindergarten;	12845

(3) Minus three-fourths of the average daily membership	12846
attending a joint vocational school district;	12847

(4) Plus the average daily membership entitled under section	12848
3313.64 or 3313.65 of the Revised Code to attend school in the	12849
district but receiving educational services in approved units from	12850
an educational service center or another school district under a	12851
compact or a cooperative education agreement, as determined by the	12852
department;	12853

(5) Minus the average daily membership receiving educational	12854
services from the district in approved units but entitled under	12855
section 3313.64 or 3313.65 of the Revised Code to attend school in	12856
another school district, as determined by the department.	12857

(F)(1) "Category one special education ADM" means the average	12858
daily membership of handicapped children receiving special	12859
education services for those handicaps the handicap specified in	12860
division (A) of section 3317.013 of the Revised Code and reported	12861
under division (B)(5) or (D)(2)(b) of section 3317.03 of the	12862
Revised Code.	12863

(2) "Category two special education ADM" means the average	12864
daily membership of handicapped children receiving special	12865
education services for those handicaps specified in division (B)	12866
of section 3317.013 of the Revised Code and reported under	12867
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	12868
Code.	12869

(3) "Category three special education ADM" means the average	12870
daily membership of students receiving special education services	12871
for students identified as autistic, having traumatic brain	12872
injuries, or as both visually and hearing disabled as these terms	12873
are defined pursuant to Chapter 3323. those handicaps specified in	12874
division (C) of section 3317.013 of the Revised Code, and reported	12875
under division (B)(7) or (D)(2)(d) of section 3317.03 of the	12876
Revised Code.	12877

(4) "Category four special education ADM" means the average	12878
daily membership of students receiving special education services	12879
for those handicaps specified in division (D) of section 3317.013	12880
of the Revised Code and reported under division (B)(8) or	12881
(D)(2)(e) of section 3317.03 of the Revised Code.	12882

(5) "Category five special education ADM" means the average	12883
daily membership of students receiving special education services	12884
for those handicaps specified in division (E) of section 3317.013	12885
of the Revised Code and reported under division (B)(9) or	12886
(D)(2)(f) of section 3317.03 of the Revised Code.	12887

(6) "Category six special education ADM" means the average	12888
daily membership of students receiving special education services	12889
for those handicaps specified in division (F) of section 3317.013	12890
of the Revised Code and reported under division (B)(10) or	12891
(D)(2)(g) of section 3317.03 of the Revised Code.	12892

(7) "Category one vocational education ADM" means the	12893
average daily membership of students receiving vocational	12894
education services described in division (A) of section 3317.014	12895
of the Revised Code and reported under division (B)(8)(11) or	12896
(D)(2)(e)(h) of section 3317.03 of the Revised Code.	12897

(5)(8) "Category two vocational education ADM" means the	12898
average daily membership of students receiving vocational	12899
education services described in division (B) of section 3317.014	12900
of the Revised Code and reported under division (B)(9)(12) or	12901
(D)(2)(f)(i) of section 3317.03 of the Revised Code.	12902

(G) "Handicapped preschool child" means a handicapped child,	12903
as defined in section 3323.01 of the Revised Code, who is at least	12904
age three but is not of compulsory school age, as defined in	12905
section 3321.01 of the Revised Code, and who is not currently	12906
enrolled in kindergarten.	12907

(H) "County MR/DD board" means a county board of mental	12908
retardation and developmental disabilities.	12909

(I) "Recognized valuation" means the amount calculated for a	12910
school district pursuant to section 3317.015 of the Revised Code.	12911

(J) "Transportation ADM" means the number of children	12912
reported under division (B)(10)(13) of section 3317.03 of the	12913
Revised Code.	12914

(K) "Average efficient transportation use cost per student"	12915
means a statistical representation of transportation costs as	12916
calculated under division (D)(2) of section 3317.022 of the	12917
Revised Code.	12918

(L) "Taxes charged and payable" means the taxes charged and	12919
payable against real and public utility property after making the	12920
reduction required by section 319.301 of the Revised Code, plus	12921
the taxes levied against tangible personal property.	12922

(M) "Total taxable value" means the sum of the amounts	12923
certified for a city, local, exempted village, or joint vocational	12924
school district under divisions (A)(1) and (2) of section 3317.021	12925
of the Revised Code.	12926

(N)(1) "Cost-of-doing-business factor" means the amount	12927
indicated in this division for the county in which a city, local,	12928
exempted village, or joint vocational school district is located,	12929
adjusted in accordance with division (N)(2) of this section. If a	12930
city, local, or exempted village school district is located in	12931
more than one county, the factor is the amount indicated for the	12932
county to which the district is assigned by the state department	12933
of education. If a joint vocational school district is located in	12934
more than one county, the factor is the amount indicated for the	12935
county in which the joint vocational school with the greatest	12936
formula ADM operated by the district is located.	12937

(2) As used in this division, "multiplier" means the number	13028
for the corresponding fiscal year as follows:	13029

Beginning in fiscal year 1998, the department shall annually	13039
adjust the cost-of-doing-business factor for each county in	13040
accordance with the following formula:	13041

[(The cost-of-doing-business factor specified under

13042

division (N)(1) of this section - 1) X (the multiplier

13043

for the fiscal year of the calculation)] + 1

13044

The result of such formula shall be the adjusted	13045
cost-of-doing-business factor for that fiscal year.	13046

(O) "Tax exempt value" of a school district means the amount	13047
certified for a school district under division (A)(4) of section	13048
3317.021 of the Revised Code.	13049

(P) "Potential value" of a school district means the adjusted	13050
total taxable value recognized valuation of a school district plus	13051
the tax exempt value of the district.	13052

(Q) "District median income" means the median Ohio adjusted	13053
gross income certified for a school district. On or before the	13054
first day of July of each year, the tax commissioner shall certify	13055
to the department of education for each city, exempted village,	13056
and local school district the median Ohio adjusted gross income of	13057
the residents of the school district determined on the basis of	13058
tax returns filed for the second preceding tax year by the	13059
residents of the district.	13060

(R) "Statewide median income" means the median district	13061
median income of all city, exempted village, and local school	13062
districts in the state.	13063

(S) "Income factor" for a city, exempted village, or local	13064
school district means the quotient obtained by dividing that	13065
district's median income by the statewide median income.	13066

(T) Except as provided in division (B)(3) of section	13067
3317.012 of the Revised Code, "valuation per pupil" for a city,	13068
exempted village, or local school district means the district's	13069
recognized valuation divided by the greater of the district's	13070
formula ADM or three-year average formula ADM.	13071

(U) Except as provided in section 3317.0213 of the Revised	13072
Code, "adjusted valuation per pupil" means the amount calculated	13073
in accordance with the following formula:	13074

District valuation per pupil - [$60,000 X

13075

(1 - district income factor)]

13076

If the result of such formula is negative, the adjusted	13077
valuation per pupil shall be zero.	13078

(V) "Income adjusted valuation" means the product obtained by	13079
multiplying the school district's adjusted valuation per pupil by	13080
the greater of the district's formula ADM or three-year average	13081
formula ADM.	13082

(W) Except as provided in division (A)(2) of section	13083
3317.022 of the Revised Code, "adjusted total taxable value" means	13084
one of the following:	13085

(1) In any fiscal year that a school district's income	13086
factor is less than or equal to one, the amount calculated under	13087
the following formula:	13088

(Income adjusted valuation X multiple) +

13089

[recognized valuation X (1-multiple)]

13090

Where "multiple" means the number for the corresponding	13091
fiscal year as follows:	13092

(2) In fiscal year 1999, if a school district's income	13097
factor is greater than one, the amount calculated under the	13098
following formula:	13099

(Income adjusted valuation X 1/15)

13100

+ (recognized valuation X 14/15)

13101

Thereafter, the adjusted total taxable value of a district	13102
with an income factor greater than one shall be its recognized	13103
valuation.	13104

Sec. 3317.021.  (A) On or before the first day of June of	13105
each year, the tax commissioner shall certify to the department of	13106
education the following information for each city, exempted	13107
village, and local school district, and the information required	13108
by divisions (A)(1) and (2) of this section for each joint	13109
vocational school district, and it shall be used, along with the	13110
information certified under division (B) of this section, in	13111
making the computations for the district under section sections	13112
3317.022 and 3317.0217 or section 3317.16 of the Revised Code:	13113

(1) The taxable value of real and public utility real	13114
property in the school district subject to taxation in the	13115
preceding tax year, by class and by county of location;	13116

(2) The taxable value of tangible personal property,	13117
including public utility personal property, subject to taxation by	13118
the district for the preceding tax year;	13119

(3)(a) The total property tax rate and total taxes charged	13120
and payable for the current expenses for the preceding tax year	13121
and the total property tax rate and the total taxes charged and	13122
payable to a joint vocational district for the preceding tax year	13123
that are limited to or to the extent apportioned to current	13124
expenses;	13125

(b) The portion of the amount of taxes charged and payable	13126
reported for each city, local, and exempted village school	13127
district under division (A)(3)(a) of this section attributable to	13128
a joint vocational school district.	13129

(4) The value of all real and public utility real property	13130
in the school district exempted from taxation minus both of the	13131
following:	13132

(a) The value of real and public utility real property in	13133
the district owned by the United States government and used	13134
exclusively for a public purpose;	13135

(b) The value of real and public utility real property in	13136
the district exempted from taxation under Chapter 725. or 1728. or	13137
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	13138
5709.73, or 5709.78 of the Revised Code.	13139

(5) The total effective operating tax rate for the district	13140
in the tax year for which the most recent data are available	13141
federal adjusted gross income of the residents of the school	13142
district, based on tax returns filed by the residents of the	13143
district, for the most recent year for which this information is	13144
available.	13145

(B) On or before the first day of May each year, the tax	13146
commissioner shall certify to the department of education the	13147
total taxable real property value of railroads and, separately,	13148
the total taxable tangible personal property value of all public	13149
utilities for the preceding tax year, by school district and by	13150
county of location.	13151

(C) If a public utility has properly and timely filed a	13152
petition for reassessment under section 5727.47 of the Revised	13153
Code with respect to an assessment issued under section 5727.23 of	13154
the Revised Code affecting taxable property apportioned by the tax	13155
commissioner to a school district, the taxable value of public	13156
utility tangible personal property included in the certification	13157
under divisions (A)(2) and (B) of this section for the school	13158
district shall include only the amount of taxable value on the	13159
basis of which the public utility paid tax for the preceding year	13160
as provided in division (B)(1) or (2) of section 5727.47 of the	13161
Revised Code.	13162

(D) If on the basis of the information certified under	13163
division (A) of this section, the department determines that any	13164
district fails in any year to meet the qualification requirement	13165
specified in division (A) of section 3317.01 of the Revised Code,	13166
the department shall immediately request the tax commissioner to	13167
determine the extent to which any school district income tax	13168
levied by the district under Chapter 5748. of the Revised Code	13169
shall be included in meeting that requirement. Within five days	13170
of receiving such a request from the department, the tax	13171
commissioner shall make the determination required by this	13172
division and report the quotient obtained under division (D)(3) of	13173
this section to the department. This quotient represents the	13174
number of mills that the department shall include in determining	13175
whether the district meets the qualification requirement of	13176
division (A) of section 3317.01 of the Revised Code.	13177

The tax commissioner shall make the determination required by	13178
this division as follows:	13179

(1) Multiply one mill times the total taxable value of the	13180
district as determined in divisions (A)(1) and (2) of this	13181
section;	13182

(2) Estimate the total amount of tax liability for the	13183
current tax year under taxes levied by Chapter 5748. of the	13184
Revised Code that are apportioned to current operating expenses of	13185
the district;	13186

(3) Divide the amount estimated under division (D)(2) of	13187
this section by the product obtained under division (D)(1) of this	13188
section.	13189

(E) As used in this section:

13190

(1) "Class I taxes charged and payable for current expenses"	13191
means taxes charged and payable for current expenses on land and	13192
improvements classified as residential/agricultural real property	13193
under section 5713.041 of the Revised Code.	13194

(2) "Class I taxable value" means the taxable value of land	13195
and improvements classified as residential/agricultural real	13196
property under section 5713.041 of the Revised Code.	13197

(3) "Class I effective operating tax rate" of a school	13198
district means the quotient obtained by dividing the school	13199
district's Class I taxes charged and payable for current expenses	13200
by the district's Class I taxable value.	13201

(4) "Income tax equivalent tax rate" of a school district	13202
means the quotient obtained by dividing the income tax revenue	13203
disbursed during the current fiscal year under any tax levied	13204
pursuant to Chapter 5748. of the Revised Code by total taxable	13205
value of the district to the extent the revenue from the tax is	13206
allocated or apportioned to current expenses.	13207

(5) "Total effective operating tax rate" means the sum of	13208
the Class I effective operating tax rate and the income tax	13209
equivalent tax rate.	13210

Sec. 3317.022.  (A)(1) The department of education shall	13211
compute and distribute state base cost funding to each school	13212
district for the fiscal year in accordance with the following	13213
formula, using adjusted total taxable value as defined in section	13214
3317.02 of the Revised Code or making any adjustment required by	13215
division (A)(2) of this section and using the information obtained	13216
under section 3317.021 of the Revised Code in the calendar year in	13217
which the fiscal year begins.	13218

Compute the following for each eligible district:

13219

[cost-of-doing-business factor X

13220

the formula amount X (the greater of formula ADM

13221

or three-year average formula ADM)] -

13222

(.023 X adjusted total taxable value recognized valuation)

13223

If the difference obtained is a negative number, the	13224
district's computation shall be zero.	13225

(2)(a) For each school district for which the tax exempt	13226
value of the district equals or exceeds twenty-five per cent of	13227
the potential value of the district, the department of education	13228
shall calculate the difference between the district's tax exempt	13229
value and twenty-five per cent of the district's potential value.	13230

(b) For each school district to which division (A)(2)(a) of	13231
this section applies, the adjusted total taxable value department	13232
shall adjust the recognized valuation used in the calculation	13233
under division (A)(1) of this section shall be the adjusted total	13234
taxable value modified by subtracting from it the amount	13235
calculated under division (A)(2)(a) of this section.	13236

(B) As used in this section:

13237

(1) The "total special education weight" for a district	13238
means the sum of the following amounts:	13239

(a) The district's category one special education ADM	13240
multiplied by the multiple specified under in division (A) of	13241
section 3317.013 of the Revised Code;	13242

(b) The sum of the district's category two and category	13243
three special education ADMs ADM multiplied by the multiple	13244
specified under in division (B) of section 3317.013 of the Revised	13245
Code;	13246

(c) The district's category three special education ADM	13247
multiplied by the multiple specified in division (C) of section	13248
3317.013 of the Revised Code;	13249

(d) The district's category four special education ADM	13250
multiplied by the multiple specified in division (D) of section	13251
3317.013 of the Revised Code;	13252

(e) The district's category five special education ADM	13253
multiplied by the multiple specified in division (E) of section	13254
3317.013 of the Revised Code;	13255

(f) The district's category six special education ADM	13256
multiplied by the multiple specified in division (F) of section	13257
3317.013 of the Revised Code.	13258

(2) "State share percentage" means the percentage calculated	13259
for a district as follows:	13260

(a) Calculate the state base cost funding amount for the	13261
district for the fiscal year under division (A) of this section.	13262
If the district would not receive any state base cost funding for	13263
that year under that division, the district's state share	13264
percentage is zero.	13265

(b) If the district would receive state base cost funding	13266
under that division, divide that amount by an amount equal to the	13267
following:	13268

Cost-of-doing-business factor X

13269

the formula amount X (the greater of formula

13270

ADM or three-year average formula ADM)

13271

The resultant number is the district's state share	13272
percentage.	13273

(3) "Related services" includes:

13274

(a) Child study, special education supervisors and	13275
coordinators, speech and hearing services, adaptive physical	13276
development services, occupational or physical therapy, teacher	13277
assistants for handicapped children whose handicaps are described	13278
in division (B) of section 3317.013 or division (F)(3) of section	13279
3317.02 of the Revised Code, behavioral intervention, interpreter	13280
services, work study, nursing services, and specialized	13281
integrative services as those terms are defined by the department;	13282

(b) Speech and language services provided to any student	13283
with a handicap, including any student whose primary or only	13284
handicap is a speech and language handicap;	13285

(c) Any related service not specifically covered by other	13286
state funds but specified in federal law, including but not	13287
limited to, audiology and school psychological services;	13288

(d) Any service included in units funded under former	13289
division (O)(1) of section 3317.023 of the Revised Code;	13290

(e) Any other related service needed by handicapped children	13291
in accordance with their individualized education plans.	13292

(4) The "total vocational education weight" for a district	13293
means the sum of the following amounts:	13294

(a) The district's category one vocational education ADM	13295
multiplied by the multiple specified in division (A) of section	13296
3317.014 of the Revised Code;	13297

(b) The district's category two vocational education ADM	13298
multiplied by the multiple specified in division (B) of section	13299
3317.014 of the Revised Code.	13300

(C)(1) The department shall compute and distribute state	13301
special education and related services additional weighted costs	13302
funds to each school district in accordance with the following	13303
formula:	13304

The district's state share percentage

13305

X the formula amount for the year

13306

for which the aid is calculated

13307

X the district's total special education weight

13308

(2) In any fiscal year, a school district receiving funds	13309
under division (C)(1) of this section shall spend on related	13310
services the lesser of the following:	13311

(a) The amount the district spent on related services in the	13312
preceding fiscal year;	13313

(b) 1/8 X {[cost-of-doing-business factor X the formula	13314
amount X (the category one special education ADM + category two	13315
special education ADM + category three special education ADM)] +	13316
the amount calculated for the fiscal year under division (C)(1) of	13317
this section + the local share of special education and related	13318
services additional weighted costs}.	13319

(3) The attributed local share of special education and	13320
related services additional weighted costs equals:	13321

(1 - the district's state share percentage) X

13322

the district's total special education weight X

13323

the formula amount

13324

(4)(3) The department shall compute and pay in accordance	13325
with this division additional state aid to school districts for	13326
students in category three categories two through six special	13327
education ADM. If a district's costs for the fiscal year for a	13328
student in its category three categories two through six special	13329
education ADM are twenty-five thousand dollars or more, the	13330
district may submit to the superintendent of public instruction	13331
documentation, as prescribed by the superintendent, of all its	13332
costs for that student. Upon submission of documentation for a	13333
student of the type and in the manner prescribed, the department	13334
shall pay to the district an amount equal to the sum of the	13335
following:	13336

(a) One-half of the district's costs for the student in	13337
excess of twenty-five thousand dollars;	13338

(b) The product of one-half of the district's costs for the	13339
student in excess of twenty-five thousand dollars multiplied by	13340
the district's state share percentage.	13341

The district shall only report, and the department shall only	13342
pay for, the costs of educational expenses and the related	13343
services provided to the student in accordance with the student's	13344
individualized education program. Any legal fees, court costs, or	13345
other costs associated with any cause of action relating to the	13346
student may not be included in the amount.	13347

(5)(4)(a) As used in this division, the "personnel	13348
allowance" means twenty-five thousand dollars in fiscal year 2000	13349
and thirty thousand dollars in fiscal year 2001 years 2002 and	13350
2003.	13351

(b) For the provision of speech services to students,	13352
including students who do not have individualized education	13353
programs prepared for them under Chapter 3323. of the Revised	13354
Code, and for no other purpose, the department of education shall	13355
pay each school district an amount calculated under the following	13356
formula:	13357

(formula ADM divided by 2000) X

13358

the personnel allowance X the state share percentage

13359

(6)(5) In any fiscal year, a school district receiving funds	13360
under division (C)(1) of this section shall spend those funds only	13361
for the purposes that the department designates as approved for	13362
special education and related services expenses at least the	13363
amount calculated as follows:	13364

(cost-of-doing-business factor X

13365

formula amount X the sum of categories

13366

one through six special education ADM) +

13367

(total special education weight X formula amount)

13368

The purposes approved by the department for special education	13369
expenses shall include, but shall not be limited to,	13370
identification of handicapped children, compliance with state	13371
rules governing the education of handicapped children and	13372
prescribing the continuum of program options for handicapped	13373
children, and the portion of the school district's overall	13374
administrative and overhead costs that are attributable to the	13375
district's special education student population.	13376

The department shall require school districts to report data	13377
annually to allow for monitoring compliance with division (C)(5)	13378
of this section. The department shall annually report to the	13379
governor and the general assembly the amount of money spent by	13380
each school district for special education and related services.	13381

(D)(1) As used in this division:

13382

(a) "Daily bus miles per student" equals the number of bus	13383
miles traveled per day, divided by transportation base.	13384

(b) "Transportation base" equals total student count as	13385
defined in section 3301.011 of the Revised Code, minus the number	13386
of students enrolled in preschool handicapped units, plus the	13387
number of nonpublic school students included in transportation	13388
ADM.	13389

(c) "Transported student percentage" equals transportation	13390
ADM divided by transportation base.	13391

(d) "Transportation cost per student" equals total operating	13392
costs for board-owned or contractor-operated school buses divided	13393
by transportation base.	13394

(2) Analysis of student transportation cost data has	13395
resulted in a finding that an average efficient transportation use	13396
cost per student can be calculated by means of a regression	13397
formula that has as its two independent variables the number of	13398
daily bus miles per student and the transported student	13399
percentage. For fiscal year 1998 transportation cost data, the	13400
average efficient transportation use cost per student is expressed	13401
as follows:	13402

51.79027 + (139.62626 X daily bus miles per student) +

13403

(116.25573 X transported student percentage)

13404

The department of education shall annually determine the	13405
average efficient transportation use cost per student in	13406
accordance with the principles stated in division (D)(2) of this	13407
section, updating the intercept and regression coefficients of the	13408
regression formula modeled in this division, based on an annual	13409
statewide analysis of each school district's daily bus miles per	13410
student, transported student percentage, and transportation cost	13411
per student data. The department shall conduct the annual update	13412
using data, including daily bus miles per student, transported	13413
student percentage, and transportation cost per student data, from	13414
the prior fiscal year. The department shall notify the office of	13415
budget and management of such update by the fifteenth day of	13416
February of each year.	13417

(3) In addition to funds paid under divisions (A), (C), and	13418
(E) of this section, each district with a transported student	13419
percentage greater than zero shall receive a payment equal to a	13420
percentage of the product of the district's transportation base	13421
from the prior fiscal year times the annually updated average	13422
efficient transportation use cost per student, times an inflation	13423
factor of two and eight tenths per cent to account for the	13424
one-year difference between the data used in updating the formula	13425
and calculating the payment and the year in which the payment is	13426
made. The percentage shall be the following percentage of that	13427
product specified for the corresponding fiscal year:	13428

The payments made under division (D)(3) of this section each	13434
year shall be calculated based on all of the same prior year's	13435
data used to update the formula.	13436

(4) In addition to funds paid under divisions (D)(2) and (3)	13437
of this section, a school district shall receive a rough road	13438
subsidy if both of the following apply:	13439

(a) Its county rough road percentage is higher than the	13440
statewide rough road percentage, as those terms are defined in	13441
division (D)(5) of this section;	13442

(b) Its district student density is lower than the statewide	13443
student density, as those terms are defined in that division.	13444

(5) The rough road subsidy paid to each district meeting the	13445
qualifications of division (D)(4) of this section shall be	13446
calculated in accordance with the following formula:	13447

(per rough mile subsidy X total rough road miles) X

13448

density multiplier

13449

where:

13450

(a) "Per rough mile subsidy" equals the amount calculated in	13451
accordance with the following formula:	13452

0.75 - {0.75 X [(maximum rough road percentage -

13453

county rough road percentage)/(maximum rough road percentage -

13455

statewide rough road percentage)]}

13456

(i) "Maximum rough road percentage" means the highest county	13457
rough road percentage in the state.	13458

(ii) "County rough road percentage" equals the percentage of	13459
the mileage of state, municipal, county, and township roads that	13460
is rated by the department of transportation as type A, B, C, E2,	13461
or F in the county in which the school district is located or, if	13462
the district is located in more than one county, the county to	13463
which it is assigned for purposes of determining its	13464
cost-of-doing-business factor.	13465

(iii) "Statewide rough road percentage" means the percentage	13466
of the statewide total mileage of state, municipal, county, and	13467
township roads that is rated as type A, B, C, E2, or F by the	13468
department of transportation.	13469

(b) "Total rough road miles" means a school district's total	13470
bus miles traveled in one year times its county rough road	13471
percentage.	13472

(c) "Density multiplier" means a figure calculated in	13473
accordance with the following formula:	13474

1 - [(minimum student density - district student

13475

density)/(minimum student density -

13476

statewide student density)]

13477

(i) "Minimum student density" means the lowest district	13478
student density in the state.	13479

(ii) "District student density" means a school district's	13480
transportation base divided by the number of square miles in the	13481
district.	13482

(iii) "Statewide student density" means the sum of the	13483
transportation bases for all school districts divided by the sum	13484
of the square miles in all school districts.	13485

(6) In addition to funds paid under divisions (D)(2) to (5)	13486
of this section, each district shall receive in accordance with	13487
rules adopted by the state board of education a payment for	13488
students transported by means other than board-owned or	13489
contractor-operated buses and whose transportation is not funded	13490
under division (J) of section 3317.024 of the Revised Code. The	13491
rules shall include provisions for school district reporting of	13492
such students.	13493

(7) Notwithstanding divisions (D)(1) to (6) of this section,	13494
in fiscal year 2000 only, each school district shall receive the	13495
greater of the total amount calculated for it under those	13496
divisions and division (J) of section 3317.024 of the Revised Code	13497
or the total amount calculated for it for types one through six	13498
student transportation operating funds in fiscal year 1999. For	13499
purposes of division (D)(7) of this section, the fiscal year 1999	13500
guaranteed total amount does not include subsidies for school bus	13501
purchases.	13502

(E)(1) The department shall compute and distribute state	13503
vocational education additional weighted costs funds to each	13504
school district in accordance with the following formula:	13505

state share percentage X

13506

the formula amount X

13507

total vocational education weight

13508

In any fiscal year, a school district receiving funds under	13509
division (E)(1) of this section shall spend those funds only for	13510
the purposes that the department designates as approved for	13511
vocational education expenses.	13512

(2) The department shall compute for each school district	13513
state funds for vocational education associated services in	13514
accordance with the following formula:	13515

state share percentage X .05 X

13516

the formula amount X the sum of categories one and two

13517

vocational education ADM

13518

In any fiscal year, a school district receiving funds under	13519
division (E)(2) of this section, or through a transfer of funds	13520
pursuant to division (L) of section 3317.023 of the Revised Code,	13521
shall spend those funds only for the purposes that the department	13522
designates as approved for vocational education associated	13523
services expenses, which may include such purposes as	13524
apprenticeship coordinators, coordinators for other vocational	13525
education services, vocational evaluation, and other purposes	13526
designated by the department. The department may deny payment	13527
under division (E)(2) of this section to any district that the	13528
department determines is not operating those services or is using	13529
funds paid under division (E)(2) of this section, or through a	13530
transfer of funds pursuant to division (L) of section 3317.023 of	13531
the Revised Code, for other purposes.	13532

In fiscal years 2000 and 2001, each school district shall	13533
continue to offer the same number of the vocational education	13534
programs that the district offered in fiscal year 1999, unless the	13535
department of education expressly agrees that the district may	13536
offer fewer programs in either fiscal year 2000 or 2001 or both.	13537

(F) Beginning in fiscal year 2003, the actual local share in	13538
any fiscal year for the combination of special education and	13539
related services additional weighted costs funding calculated	13540
under division (C)(1) of this section, transportation funding	13541
calculated under divisions (D)(2) and (3) of this section, and	13542
vocational education and associated services additional weighted	13543
costs funding calculated under divisions (E)(1) and (2) of this	13544
section shall not exceed for any school district the product of	13545
three mills times the district's recognized valuation. Beginning	13546
in fiscal year 2003, the department annually shall pay each school	13547
district as an excess cost supplement any amount by which the sum	13548
of the district's attributed local shares for that funding exceeds	13549
that product. For purposes of calculating the excess cost	13550
supplement:	13551

(1) The attributed local share for special education and	13552
related services additional weighted costs funding is the amount	13553
specified in division (C)(2) of this section.	13554

(2) The attributed local share of transportation funding	13555
equals the difference of the total amount calculated for the	13556
district using the formula developed under division (D)(2) of this	13557
section minus the actual amount paid to the district after	13558
applying the percentage specified in division (D)(3) of this	13559
section.	13560

(3) The attributed local share of vocational education and	13561
associated services additional weighted costs funding is the	13562
amount determined as follows:	13563

(1 - state share percentage) X

13564

[(total vocational education weight X the formula amount) +

13565

the payment under division (E)(2) of this section]

13566

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	13567
Revised Code, the amounts required to be paid to a district under	13568
this chapter shall be adjusted by the amount of the computations	13569
made under divisions (B) to (K)(L) of this section.	13570

As used in this section:

13571

(1) "Classroom teacher" means a licensed employee who	13572
provides direct instruction to pupils, excluding teachers funded	13573
from money paid to the district from federal sources; educational	13574
service personnel; and vocational and special education teachers.	13575

(2) "Educational service personnel" shall not include such	13576
specialists funded from money paid to the district from federal	13577
sources or assigned full-time to vocational or special education	13578
students and classes and may only include those persons employed	13579
in the eight specialist areas in a pattern approved by the	13580
department of education under guidelines established by the state	13581
board of education.	13582

(3) "Annual salary" means the annual base salary stated in	13583
the state minimum salary schedule for the performance of the	13584
teacher's regular teaching duties that the teacher earns for	13585
services rendered for the first full week of October of the fiscal	13586
year for which the adjustment is made under division (C) of this	13587
section. It shall not include any salary payments for	13588
supplemental teachers contracts.	13589

(4) "Regular student population" means the formula ADM plus	13590
the number of students reported as enrolled in the district	13591
pursuant to division (A)(1) of section 3313.981 of the Revised	13592
Code; minus the number of students reported under division (A)(2)	13593
of section 3317.03 of the Revised Code; minus the FTE of students	13594
reported under division (B)(5), (6), (7), (8), or (9), (10), (11),	13595
or (12) of that section who are enrolled in a vocational education	13596
class or receiving special education; and minus one-fourth of the	13597
students enrolled concurrently in a joint vocational school	13598
district.	13599

(5) "State share percentage" has the same meaning as in	13600
section 3317.022 of the Revised Code.	13601

(6) "VEPD" means a school district or group of school	13602
districts designated by the department of education as being	13603
responsible for the planning for and provision of vocational	13604
education services to students within the district or group.	13605

(7) "Lead district" means a school district, including a	13606
joint vocational school district, designated by the department as	13607
a VEPD, or designated to provide primary vocational education	13608
leadership within a VEPD composed of a group of districts.	13609

(B) If the district employs less than one full-time	13610
equivalent classroom teacher for each twenty-five pupils in the	13611
regular student population in any school district, deduct the sum	13612
of the amounts obtained from the following computations:	13613

(1) Divide the number of the district's full-time equivalent	13614
classroom teachers employed by one twenty-fifth;	13615

(2) Subtract the quotient in (1) from the district's regular	13616
student population;	13617

(3) Multiply the difference in (2) by seven hundred	13618
fifty-two dollars.	13619

(C) If a positive amount, add one-half of the amount	13620
obtained by multiplying the number of full-time equivalent	13621
classroom teachers by:	13622

(1) The mean annual salary of all full-time equivalent	13623
classroom teachers employed by the district at their respective	13624
training and experience levels minus;	13625

(2) The mean annual salary of all such teachers at their	13626
respective levels in all school districts receiving payments under	13627
this section.	13628

The number of full-time equivalent classroom teachers used in	13629
this computation shall not exceed one twenty-fifth of the	13630
district's regular student population. In calculating the	13631
district's mean salary under this division, those full-time	13632
equivalent classroom teachers with the highest training level	13633
shall be counted first, those with the next highest training level	13634
second, and so on, in descending order. Within the respective	13635
training levels, teachers with the highest years of service shall	13636
be counted first, the next highest years of service second, and so	13637
on, in descending order.	13638

(D) This division does not apply to a school district that	13639
has entered into an agreement under division (A) of section	13640
3313.42 of the Revised Code. Deduct the amount obtained from the	13641
following computations if the district employs fewer than five	13642
full-time equivalent educational service personnel, including	13643
elementary school art, music, and physical education teachers,	13644
counselors, librarians, visiting teachers, school social workers,	13645
and school nurses for each one thousand pupils in the regular	13646
student population:	13647

(1) Divide the number of full-time equivalent educational	13648
service personnel employed by the district by five	13649
one-thousandths;	13650

(2) Subtract the quotient in (1) from the district's regular	13651
student population;	13652

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

13653

(E) If a local school district, or a city or exempted	13654
village school district to which a governing board of an	13655
educational service center provides services pursuant to section	13656
3313.843 of the Revised Code, deduct the amount of the payment	13657
required for the reimbursement of the governing board under	13658
section 3317.11 of the Revised Code.	13659

(F)(1) If the district is required to pay to or entitled to	13660
receive tuition from another school district under division (C)(2)	13661
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	13662
or if the superintendent of public instruction is required to	13663
determine the correct amount of tuition and make a deduction or	13664
credit under section 3317.08 of the Revised Code, deduct and	13665
credit such amounts as provided in division (I) of section 3313.64	13666
or section 3317.08 of the Revised Code.	13667

(2) For each child for whom the district is responsible for	13668
tuition or payment under division (A)(1) of section 3317.082 or	13669
section 3323.091 of the Revised Code, deduct the amount of tuition	13670
or payment for which the district is responsible.	13671

(G) If the district has been certified by the superintendent	13672
of public instruction under section 3313.90 of the Revised Code as	13673
not in compliance with the requirements of that section, deduct an	13674
amount equal to ten per cent of the amount computed for the	13675
district under section 3317.022 of the Revised Code.	13676

(H) If the district has received a loan from a commercial	13677
lending institution for which payments are made by the	13678
superintendent of public instruction pursuant to division (E)(3)	13679
of section 3313.483 of the Revised Code, deduct an amount equal to	13680
such payments.	13681

(I)(1) If the district is a party to an agreement entered	13682
into under division (D), (E), or (F) of section 3311.06 or	13683
division (B) of section 3311.24 of the Revised Code and is	13684
obligated to make payments to another district under such an	13685
agreement, deduct an amount equal to such payments if the district	13686
school board notifies the department in writing that it wishes to	13687
have such payments deducted.	13688

(2) If the district is entitled to receive payments from	13689
another district that has notified the department to deduct such	13690
payments under division (I)(1) of this section, add the amount of	13691
such payments.	13692

(J) If the district is required to pay an amount of funds to	13693
a cooperative education district pursuant to a provision described	13694
by division (B)(4) of section 3311.52 or division (B)(8) of	13695
section 3311.521 of the Revised Code, deduct such amounts as	13696
provided under that provision and credit those amounts to the	13697
cooperative education district for payment to the district under	13698
division (B)(1) of section 3317.19 of the Revised Code.	13699

(K)(1) If a district is educating a student entitled to	13700
attend school in another district pursuant to a shared education	13701
contract, compact, or cooperative education agreement other than	13702
an agreement entered into pursuant to section 3313.842 of the	13703
Revised Code, credit to that educating district on an FTE basis	13704
both of the following:	13705

(a) An amount equal to the formula amount times the cost of	13706
doing business factor of the school district where the student is	13707
entitled to attend school pursuant to section 3313.64 or 3313.65	13708
of the Revised Code;	13709

(b) An amount equal to the formula amount times the state	13710
share percentage times any multiple applicable to the student	13711
pursuant to section 3317.013 or 3317.014 of the Revised Code.	13712

(2) Deduct any amount credited pursuant to division (K)(1)	13713
of this section from amounts paid to the school district in which	13714
the student is entitled to attend school pursuant to section	13715
3313.64 or 3313.65 of the Revised Code.	13716

(3) If the district is required by a shared education	13717
contract, compact, or cooperative education agreement to make	13718
payments to an educational service center, deduct the amounts from	13719
payments to the district and add them to the amounts paid to the	13720
service center pursuant to section 3317.11 of the Revised Code.	13721

(L)(1) If a district, including a joint vocational school	13722
district, is a lead district of a VEPD, credit to that district	13723
the amounts calculated for all the school districts within that	13724
VEPD pursuant to division (E)(2) of section 3317.022 of the	13725
Revised Code.	13726

(2) Deduct from each appropriate district that is not a lead	13727
district, the amount attributable to that district that is	13728
credited to a lead district under division (L)(1) of this section.	13729

Sec. 3317.024.  In addition to the moneys paid to eligible	13730
school districts pursuant to section 3317.022 of the Revised Code,	13731
moneys appropriated for the education programs in divisions (A) to	13732
(H), (J) to (L), (O), (P), and (R) of this section shall be	13733
distributed to school districts meeting the requirements of	13734
section 3317.01 of the Revised Code; in the case of divisions (J)	13735
and (P) of this section, to educational service centers as	13736
provided in section 3317.11 of the Revised Code; in the case of	13737
divisions (E), (M), and (N) of this section, to county MR/DD	13738
boards; in the case of division (R) of this section, to joint	13739
vocational school districts; in the case of division (K) of this	13740
section, to cooperative education school districts; and in the	13741
case of division (Q) of this section, to the institutions defined	13742
under section 3317.082 of the Revised Code providing elementary or	13743
secondary education programs to children other than children	13744
receiving special education under section 3323.091 of the Revised	13745
Code. The following shall be distributed monthly, quarterly, or	13746
annually as may be determined by the state board of education:	13747

(A) A per pupil amount to each school district that	13748
establishes a summer school remediation program that complies with	13749
rules of the state board of education.	13750

(B) An amount for each island school district and each joint	13751
state school district for the operation of each high school and	13752
each elementary school maintained within such district and for	13753
capital improvements for such schools. Such amounts shall be	13754
determined on the basis of standards adopted by the state board of	13755
education.	13756

(C) An amount for each school district operating classes for	13757
children of migrant workers who are unable to be in attendance in	13758
an Ohio school during the entire regular school year. The amounts	13759
shall be determined on the basis of standards adopted by the state	13760
board of education, except that payment shall be made only for	13761
subjects regularly offered by the school district providing the	13762
classes.	13763

(D) An amount for each school district with guidance,	13764
testing, and counseling programs approved by the state board of	13765
education. The amount shall be determined on the basis of	13766
standards adopted by the state board of education.	13767

(E) An amount for the emergency purchase of school buses as	13768
provided for in section 3317.07 of the Revised Code;	13769

(F) An amount for each school district required to pay	13770
tuition for a child in an institution maintained by the department	13771
of youth services pursuant to section 3317.082 of the Revised	13772
Code, provided the child was not included in the calculation of	13773
the district's average daily membership for the preceding school	13774
year.	13775

(G) In fiscal year 2000 only, an amount to each school	13776
district for supplemental salary allowances for each licensed	13777
employee except those licensees serving as superintendents,	13778
assistant superintendents, principals, or assistant principals,	13779
whose term of service in any year is extended beyond the term of	13780
service of regular classroom teachers, as described in section	13781
3301.0725 of the Revised Code;	13782

(H) An amount for adult basic literacy education for each	13783
district participating in programs approved by the state board of	13784
education. The amount shall be determined on the basis of	13785
standards adopted by the state board of education.	13786

(I) Notwithstanding section 3317.01 of the Revised Code, but	13787
only until June 30, 1999, to each city, local, and exempted	13788
village school district, an amount for conducting driver education	13789
courses at high schools for which the state board of education	13790
prescribes minimum standards and to joint vocational and	13791
cooperative education school districts and educational service	13792
centers, an amount for conducting driver education courses to	13793
pupils enrolled in a high school for which the state board	13794
prescribes minimum standards. No payments shall be made under	13795
this division after June 30, 1999.	13796

(J) An amount for the approved cost of transporting	13797
developmentally handicapped pupils whom it is impossible or	13798
impractical to transport by regular school bus in the course of	13799
regular route transportation provided by the district or service	13800
center. No district or service center is eligible to receive a	13801
payment under this division for the cost of transporting any pupil	13802
whom it transports by regular school bus and who is included in	13803
the district's transportation ADM. The state board of education	13804
shall establish standards and guidelines for use by the department	13805
of education in determining the approved cost of such	13806
transportation for each district or service center.	13807

(K) An amount to each school district, including each	13808
cooperative education school district, pursuant to section 3313.81	13809
of the Revised Code to assist in providing free lunches to needy	13810
children and an amount to assist needy school districts in	13811
purchasing necessary equipment for food preparation. The amounts	13812
shall be determined on the basis of rules adopted by the state	13813
board of education.	13814

(L) An amount to each school district, for each pupil	13815
attending a chartered nonpublic elementary or high school within	13816
the district. The amount shall equal the amount appropriated for	13817
the implementation of section 3317.06 of the Revised Code divided	13818
by the average daily membership in grades kindergarten through	13819
twelve in nonpublic elementary and high schools within the state	13820
as determined during the first full week in October of each school	13821
year.	13822

(M) An amount for each county MR/DD board, distributed on	13823
the basis of standards adopted by the state board of education,	13824
for the approved cost of transportation required for children	13825
attending special education programs operated by the county MR/DD	13826
board under section 3323.09 of the Revised Code;	13827

(N) An amount for each county MR/DD board, distributed on	13828
the basis of standards adopted by the state board of education,	13829
for supportive home services for preschool children;	13830

(O) An amount for each school district that establishes a	13831
mentor teacher program that complies with rules of the state board	13832
of education. No school district shall be required to establish	13833
or maintain such a program in any year unless sufficient funds are	13834
appropriated to cover the district's total costs for the program.	13835

(P) An amount to each school district or educational service	13836
center for the total number of gifted units approved pursuant to	13837
section 3317.05 of the Revised Code. The amount for each such	13838
unit shall be the sum of the minimum salary for the teacher of the	13839
unit, calculated on the basis of the teacher's training level and	13840
years of experience pursuant to the salary schedule prescribed in	13841
the version of section 3317.13 of the Revised Code in effect prior	13842
to the effective date of this amendment, plus fifteen per cent of	13843
that minimum salary amount, plus two thousand six hundred	13844
seventy-eight dollars.	13845

(Q) An amount to each institution defined under section	13846
3317.082 of the Revised Code providing elementary or secondary	13847
education to children other than children receiving special	13848
education under section 3323.091 of the Revised Code. This amount	13849
for any institution in any fiscal year shall equal the total of	13850
all tuition amounts required to be paid to the institution under	13851
division (A)(1) of section 3317.082 of the Revised Code.	13852

(R) A grant to each school district and joint vocational	13853
school district that operates a "graduation, reality, and	13854
dual-role skills" (GRADS) program for pregnant and parenting	13855
students that is approved by the department. The amount of the	13856
payment shall be the district's state share percentage, as defined	13857
in section 3317.022 or 3317.16 of the Revised Code, times the	13858
GRADS personnel allowance times the full-time-equivalent number of	13859
GRADS teachers approved by the department. The GRADS personnel	13860
allowance is $45,000 in fiscal year 2000 and $46,260 in fiscal	13861
year 2001 years 2002 and 2003.	13862

The state board of education or any other board of education	13863
or governing board may provide for any resident of a district or	13864
educational service center territory any educational service for	13865
which funds are made available to the board by the United States	13866
under the authority of public law, whether such funds come	13867
directly or indirectly from the United States or any agency or	13868
department thereof or through the state or any agency, department,	13869
or political subdivision thereof.	13870

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

13871

(1) "DPIA percentage" means the quotient obtained by dividing	13872
the five-year average number of children ages five to seventeen	13873
residing in the school district and living in a family receiving	13874
family assistance, as certified or adjusted under section 3317.10	13875
of the Revised Code, by the district's three-year average formula	13876
ADM.	13877

(2) "Family assistance" means assistance received under the	13878
Ohio works first program or, for the purpose of determining the	13879
five-year average number of recipients of family assistance in	13880
fiscal years 1999 through 2002, assistance received under an	13881
antecedent program known as TANF or ADC.	13882

(3) "Statewide DPIA percentage" means the five-year average	13883
of the total number of children ages five to seventeen years	13884
residing in the state and receiving family assistance, divided by	13885
the sum of the three-year average formula ADMs for all school	13886
districts in the state.	13887

(4) "DPIA index" means the quotient obtained by dividing the	13888
school district's DPIA percentage by the statewide DPIA	13889
percentage.	13890

(5) "Kindergarten ADM" means the number of students reported	13891
under section 3317.03 of the Revised Code as enrolled in	13892
kindergarten.	13893

(6) "Kindergarten through third grade ADM" means the amount	13894
calculated as follows:	13895

(a) Multiply the kindergarten ADM by the sum of one plus the	13896
all-day kindergarten percentage;	13897

(b) Add the number of students in grades one through three;

13898

(c) Subtract from the sum calculated under division	13899
(A)(6)(b) of this section the number of special education students	13900
in grades kindergarten through three.	13901

(7) "Statewide average teacher salary" means forty forty-two	13902
thousand one four hundred eighty-seven sixty-nine dollars in	13903
fiscal year 2000 2002, and forty-one forty-three thousand three	13904
six hundred twelve fifty-eight dollars in fiscal year 2001 2003,	13905
which includes an amount for the value of fringe benefits.	13906

(8) "All-day kindergarten" means a kindergarten class that is	13907
in session five days per week for not less than the same number of	13908
clock hours each day as for pupils in grades one through six.	13909

(9) "All-day kindergarten percentage" means the percentage of	13910
a district's actual total number of students enrolled in	13911
kindergarten who are enrolled in all-day kindergarten.	13912

(10) "Buildings with the highest concentration of need" means	13913
the school buildings in a district with percentages of students	13914
receiving family assistance in grades kindergarten through three	13915
at least as high as the district-wide percentage of students	13916
receiving family assistance. If, however, the information	13917
provided by the department of job and family services under	13918
section 3317.10 of the Revised Code is insufficient to determine	13919
the family assistance percentage in each building, "buildings with	13920
the highest concentration of need" has the meaning given in rules	13921
that the department of education shall adopt. The rules shall	13922
base the definition of "buildings with the highest concentration	13923
of need" on family income of students in grades kindergarten	13924
through three in a manner that, to the extent possible with	13925
available data, approximates the intent of this division and	13926
division (G) of this section to designate buildings where the	13927
family assistance percentage in those grades equals or exceeds the	13928
district-wide family assistance percentage.	13929

(B) In addition to the amounts required to be paid to a	13930
school district under section 3317.022 of the Revised Code, a	13931
school district shall receive the greater of the amount the	13932
district received in fiscal year 1998 pursuant to division (B) of	13933
section 3317.023 of the Revised Code as it existed at that time or	13934
the sum of the computations made under divisions (C) to (E) of	13935
this section.	13936

(C) A supplemental payment that may be utilized for measures	13937
related to safety and security and for remediation or similar	13938
programs, calculated as follows:	13939

(1) If the DPIA index of the school district is greater than	13940
or equal to thirty-five-hundredths, but less than one, an amount	13941
obtained by multiplying the five-year average number of pupils in	13942
a district receiving family assistance by two hundred thirty	13943
dollars;	13944

(2) If the DPIA index of the school district is greater than	13945
or equal to one, an amount obtained by multiplying the DPIA index	13946
by two hundred thirty dollars and multiplying that product by the	13947
five-year average number of pupils in a district receiving family	13948
assistance.	13949

Except as otherwise provided in division (F) of this section,	13950
beginning with the school year that starts July 1, 2002, each	13951
school district annually shall use at least twenty per cent of the	13952
funds calculated for the district under this division for	13953
intervention services required by section 3313.608 of the Revised	13954
Code.	13955

(D) A payment for all-day kindergarten if the DPIA index of	13956
the school district is greater than or equal to one or if the	13957
district's three-year average formula ADM exceeded seventeen	13958
thousand five hundred, calculated by multiplying the all-day	13959
kindergarten percentage by the kindergarten ADM and multiplying	13960
that product by the formula amount.	13961

(E) A class-size reduction payment based on calculating the	13962
number of new teachers necessary to achieve a lower	13963
student-teacher ratio, as follows:	13964

(1) Determine or calculate a formula number of teachers per	13965
one thousand students based on the DPIA index of the school	13966
district as follows:	13967

(a) If the DPIA index of the school district is less than	13968
six-tenths, the formula number of teachers is 43.478, which is the	13969
number of teachers per one thousand students at a student-teacher	13970
ratio of twenty-three to one;	13971

(b) If the DPIA index of the school district is greater than	13972
or equal to six-tenths, but less than two and one-half, the	13973
formula number of teachers is calculated as follows:	13974

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

13975

Where 43.478 is the number of teachers per one thousand	13976
students at a student-teacher ratio of twenty-three to one; 1.9 is	13977
the interval from a DPIA index of six-tenths to a DPIA index of	13978
two and one-half; and 23.188 is the difference in the number of	13979
teachers per one thousand students at a student-teacher ratio of	13980
fifteen to one and the number of teachers per one thousand	13981
students at a student-teacher ratio of twenty-three to one.	13982

(c) If the DPIA index of the school district is greater than	13983
or equal to two and one-half, the formula number of teachers is	13984
66.667, which is the number of teachers per one thousand students	13985
at a student-teacher ratio of fifteen to one.	13986

(2) Multiply the formula number of teachers determined or	13987
calculated in division (E)(1) of this section by the kindergarten	13988
through third grade ADM for the district and divide that product	13989
by one thousand;	13990

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

13991

(a) Multiply the kindergarten through third grade ADM by	13992
43.478, which is the number of teachers per one thousand students	13993
at a student-teacher ratio of twenty-three to one, and divide that	13994
product by one thousand;	13995

(b) Subtract the quotient obtained in division (E)(3)(a) of	13996
this section from the product in division (E)(2) of this section.	13997

(4) Multiply the greater of the difference obtained under	13998
division (E)(3) of this section or zero by the statewide average	13999
teachers salary.	14000

(F) This division applies only to school districts whose	14001
DPIA index is one or greater.	14002

(1) Each school district subject to this division shall	14003
first utilize funds received under this section so that, when	14004
combined with other funds of the district, sufficient funds exist	14005
to provide all-day kindergarten to at least the number of children	14006
in the district's all-day kindergarten percentage.	14007

(2) Up to an amount equal to the district's DPIA index	14008
multiplied by the five-year average number of pupils in a district	14009
receiving family assistance multiplied by two hundred thirty	14010
dollars of the money distributed under this section may be	14011
utilized for one or both of the following:	14012

(a) Programs designed to ensure that schools are free of	14013
drugs and violence and have a disciplined environment conducive to	14014
learning;	14015

(b) Remediation for students who have failed or are in	14016
danger of failing any of the proficiency tests administered	14017
pursuant to section 3301.0710 of the Revised Code.	14018

Beginning with the school year that starts on July 1, 2002,	14019
each school district shall use at least twenty per cent of the	14020
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	14021
this section to provide intervention services required by section	14022
3313.608 of the Revised Code.	14023

(3) Except as otherwise required by division (G) or	14024
permitted under division (K) of this section, all other funds	14025
distributed under this section to districts subject to this	14026
division shall be utilized for the purpose of the third grade	14027
guarantee. The third grade guarantee consists of increasing the	14028
amount of instructional attention received per pupil in	14029
kindergarten through third grade, either by reducing the ratio of	14030
students to instructional personnel or by increasing the amount of	14031
instruction and curriculum-related activities by extending the	14032
length of the school day or the school year.	14033

School districts may implement a reduction of the ratio of	14034
students to instructional personnel through any or all of the	14035
following methods:	14036

(a) Reducing the number of students in a classroom taught by	14037
a single teacher;	14038

(b) Employing full-time educational aides or educational	14039
paraprofessionals issued a permit or license under section	14040
3319.088 of the Revised Code;	14041

(c) Instituting a team-teaching method that will result in a	14042
lower student-teacher ratio in a classroom.	14043

Districts may extend the school day either by increasing the	14044
amount of time allocated for each class, increasing the number of	14045
classes provided per day, offering optional academic-related	14046
after-school programs, providing curriculum-related extra	14047
curricular activities, or establishing tutoring or remedial	14048
services for students who have demonstrated an educational need.	14049
In accordance with section 3319.089 of the Revised Code, a	14050
district extending the school day pursuant to this division may	14051
utilize a participant of the work experience program who has a	14052
child enrolled in a public school in that district and who is	14053
fulfilling the work requirements of that program by volunteering	14054
or working in that public school. If the work experience program	14055
participant is compensated, the school district may use the funds	14056
distributed under this section for all or part of the	14057
compensation.	14058

Districts may extend the school year either through adding	14059
regular days of instruction to the school calendar or by providing	14060
summer programs.	14061

(G) Each district subject to division (F) of this section	14062
shall not expend any funds received under division (E) of this	14063
section in any school buildings that are not buildings with the	14064
highest concentration of need, unless there is a ratio of	14065
instructional personnel to students of no more than fifteen to one	14066
in each kindergarten and first grade class in all buildings with	14067
the highest concentration of need. This division does not require	14068
that the funds used in buildings with the highest concentration of	14069
need be spent solely to reduce the ratio of instructional	14070
personnel to students in kindergarten and first grade. A school	14071
district may spend the funds in those buildings in any manner	14072
permitted by division (F)(3) of this section, but may not spend	14073
the money in other buildings unless the fifteen-to-one ratio	14074
required by this division is attained.	14075

(H)(1) By the first day of August of each fiscal year, each	14076
school district wishing to receive any funds under division (D) of	14077
this section shall submit to the department of education an	14078
estimate of its all-day kindergarten percentage. Each district	14079
shall update its estimate throughout the fiscal year in the form	14080
and manner required by the department, and the department shall	14081
adjust payments under this section to reflect the updates.	14082

(2) Annually by the end of December, the department of	14083
education, utilizing data from the information system established	14084
under section 3301.0714 of the Revised Code and after consultation	14085
with the legislative office of education oversight, shall	14086
determine for each school district subject to division (F) of this	14087
section whether in the preceding fiscal year the district's ratio	14088
of instructional personnel to students and its number of	14089
kindergarten students receiving all-day kindergarten appear	14090
reasonable, given the amounts of money the district received for	14091
that fiscal year pursuant to divisions (D) and (E) of this	14092
section. If the department is unable to verify from the data	14093
available that students are receiving reasonable amounts of	14094
instructional attention and all-day kindergarten, given the funds	14095
the district has received under this section and that class-size	14096
reduction funds are being used in school buildings with the	14097
highest concentration of need as required by division (G) of this	14098
section, the department shall conduct a more intensive	14099
investigation to ensure that funds have been expended as required	14100
by this section. The department shall file an annual report of	14101
its findings under this division with the chairpersons of the	14102
committees in each house of the general assembly dealing with	14103
finance and education.	14104

(I) Any school district with a DPIA index less than one and	14105
a three-year average formula ADM exceeding seventeen thousand five	14106
hundred shall first utilize funds received under this section so	14107
that, when combined with other funds of the district, sufficient	14108
funds exist to provide all-day kindergarten to at least the number	14109
of children in the district's all-day kindergarten percentage.	14110
Such a district shall expend at least seventy per cent of the	14111
remaining funds received under this section, and any other	14112
district with a DPIA index less than one shall expend at least	14113
seventy per cent of all funds received under this section, for any	14114
of the following purposes:	14115

(1) The purchase of technology for instructional purposes;

14116

(2) All-day kindergarten;

14117

(3) Reduction of class sizes;

14118

(4) Summer school remediation;

14119

(5) Dropout prevention programs;

14120

(6) Guaranteeing that all third graders are ready to	14121
progress to more advanced work;	14122

(7) Summer education and work programs;

14123

(8) Adolescent pregnancy programs;

14124

(9) Head start or preschool programs;

14125

(10) Reading improvement programs described by the	14126
department of education;	14127

(11) Programs designed to ensure that schools are free of	14128
drugs and violence and have a disciplined environment conducive to	14129
learning;	14130

(12) Furnishing, free of charge, materials used in courses	14131
of instruction, except for the necessary textbooks or electronic	14132
textbooks required to be furnished without charge pursuant to	14133
section 3329.06 of the Revised Code, to pupils living in families	14134
participating in Ohio works first in accordance with section	14135
3313.642 of the Revised Code;	14136

(13) School breakfasts provided pursuant to section 3313.813	14137
of the Revised Code.	14138

Each district shall submit to the department, in such format	14139
and at such time as the department shall specify, a report on the	14140
programs for which it expended funds under this division.	14141

(J) If at any time the superintendent of public instruction	14142
determines that a school district receiving funds under division	14143
(D) of this section has enrolled less than the all-day	14144
kindergarten percentage reported for that fiscal year, the	14145
superintendent shall withhold from the funds otherwise due the	14146
district under this section a proportional amount as determined by	14147
the difference in the certified all-day kindergarten percentage	14148
and the percentage actually enrolled in all-day kindergarten.	14149

The superintendent shall also withhold an appropriate amount	14150
of funds otherwise due a district for any other misuse of funds	14151
not in accordance with this section.	14152

(K)(1) A district may use a portion of the funds calculated	14153
for it under division (D) of this section to modify or purchase	14154
classroom space to provide all-day kindergarten, if both of the	14155
following conditions are met:	14156

(a) The district certifies to the department, in a manner	14157
acceptable to the department, that it has a shortage of space for	14158
providing all-day kindergarten.	14159

(b) The district provides all-day kindergarten to the number	14160
of children in the all-day kindergarten percentage it certified	14161
under this section.	14162

(2) A district may use a portion of the funds described in	14163
division (F)(3) of this section to modify or purchase classroom	14164
space to enable it to further reduce class size in grades	14165
kindergarten through two with a goal of attaining class sizes of	14166
fifteen students per licensed teacher. To do so, the district	14167
must certify its need for additional space to the department, in a	14168
manner satisfactory to the department.	14169

Sec. 3317.0212.  Divisions Division (B) and (C) of this	14170
section do does not apply to a school district with a formula ADM	14171
of one hundred fifty or less.	14172

(A) As used in this section:

14173

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998	14174
state aid" for a district means the total amount of state money	14175
received by the district for the applicable fiscal year as	14176
reported on the department of education's form "SF-12," adjusted	14177
as follows:	14178

(a) Minus the amount for transportation;

14179

(b) Minus any amounts for approved preschool handicapped	14180
units;	14181

(c) Minus any additional amount attributable to the	14182
reappraisal guarantee of division (C) of section 3317.04 of the	14183
Revised Code;	14184

(d) Plus the amount deducted for payments to an educational	14185
service center;	14186

(e) Plus an estimated portion of the state money distributed	14187
in the applicable fiscal year to other school districts or	14188
educational service centers for approved units, other than	14189
preschool handicapped or gifted education units, attributable to	14190
the costs of providing services in those units to students	14191
entitled to attend school in the district;	14192

(f) Minus an estimated portion of the state money	14193
distributed to the school district in the applicable fiscal year	14194
for approved units, other than preschool handicapped units or	14195
gifted education units, attributable to the costs of providing	14196
services in those units to students entitled to attend school in	14197
another school district;	14198

(g) Plus any additional amount paid in the applicable fiscal	14199
year pursuant to the vocational education recomputation required	14200
by Section 45.12 of Amended Substitute House Bill No. 117 of the	14201
121st general assembly or former Section 50.22 of Amended	14202
Substitute House Bill No. 215 of the 122nd general assembly;	14203

(h) Plus any additional amount paid in the applicable fiscal	14204
year pursuant to the special education recomputation required by	14205
former division (I) of section 3317.023 of the Revised Code;	14206

(i) Plus any amount paid for equity aid in the applicable	14207
fiscal year under section 3317.0213 of the Revised Code;	14208

(j) Plus any amount received for the applicable fiscal year	14209
pursuant to section 3317.027 of the Revised Code;	14210

(k) Plus any amount received for the applicable fiscal year	14211
resulting from a recomputation made under division (B) of section	14212
3317.022 of the Revised Code, as that section existed in the	14213
applicable fiscal year.	14214

(2) "State basic aid" for a district for any fiscal year	14215
after fiscal year 1999 means the sum of the following:	14216

(a) The amount computed for the district for base cost	14217
funding, special education funding, and vocational education	14218
funding under divisions (A), (C)(1) and (5)(4), and (E) of section	14219
3317.022 and sections 3317.025 and 3317.027 of the Revised Code	14220
and DPIA aid under section 3317.029 of the Revised Code in the	14221
current fiscal year before any deduction or credit required by	14222
division (B), (D), (E), (F), (G), (H), (I), (J), (K), or (L) of	14223
section 3317.023 or division (J) of section 3317.029 of the	14224
Revised Code;	14225

(b) Any amounts for which the district is eligible pursuant	14226
to division (C) of section 3317.023, divisions (G), (P), and (R)	14227
of section 3317.024, and the supplemental unit allowance paid for	14228
gifted units under division (B) of section 3317.162 3317.053 of	14229
the Revised Code;	14230

(c) Any equity aid for which the district is eligible under	14231
section 3317.0213 of the Revised Code.	14232

(3) "Adjusted FY 1999 actual aid" has the same meaning as in	14233
Section 18 of Am. Sub. H.B. 650 of the 122nd general assembly, as	14234
amended.	14235

(4) "Vocational education set-aside" means the up to	14236
$24,193,118 earmarked for additional school district vocational	14237
education grants under appropriation item 200-545, vocational	14238
education enhancements, in Am. Sub. H.B. 770 of the 122nd general	14239
assembly.	14240

(B) Upon request of the department of education, the	14241
treasurer of any school district or educational service center	14242
shall furnish data needed to calculate the amounts specified in	14243
divisions (A)(1)(e) and (f) of this section. The department shall	14244
compute and pay the state basic aid guarantee for each school	14245
district for the fiscal year as follows:	14246

(1) Subtract the amount of state basic aid from the amount	14247
of fundamental FY 1998 state aid. If a negative number, this	14248
computation shall be deemed to be zero.	14249

(2) Pay the district any positive amount calculated under	14250
division (B)(1) of this section.	14251

(C) In fiscal year 2000, the department shall calculate for	14252
each district the sum of the district's state basic aid for that	14253
fiscal year, plus any amount calculated under division (B)(1) of	14254
this section, plus the transportation portion of state aid	14255
computed for the district for that fiscal year under division (D)	14256
of the version of section 3317.022 of the Revised Code in effect	14257
that fiscal year. If a district's adjusted FY 1999 actual aid is	14258
greater than that sum, then the department shall pay the district	14259
in that fiscal year one hundred per cent of the difference.	14260

(D)(1) The state basic aid guarantee in any fiscal year for	14261
a school district with a formula ADM of one hundred fifty or less	14262
shall be the greatest of the following amounts:	14263

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

14264

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

14265

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

14266

(2) If in any fiscal year the state basic aid for a school	14267
district with a formula ADM of one hundred fifty or less is less	14268
than the guarantee amount determined for the district under	14269
division (D)(C)(1) of this section, the department of education	14270
shall pay the district the amount of the difference.	14271

Sec. 3317.0213.  No money shall be distributed under this	14272
section after fiscal year 2002 2005.	14273

(A) As used in this section:

14274

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

14275

(a) In fiscal year 1999, the FY 1998 ADM;

14276

(b) In fiscal years 2000 through 2002 2005, the formula ADM	14277
reported for the previous fiscal year.	14278

(2) "Average taxable value" means the average of the amounts	14279
certified for a district in the second, third, and fourth	14280
preceding fiscal years under divisions (A)(1) and (2) of section	14281
3317.021 of the Revised Code.	14282

(3) "Valuation per pupil" for a district means:

14283

(a) In fiscal year 1999, the district's average taxable	14284
value, divided by the district's FY 1998 ADM;	14285

(b) In a fiscal year that occurs after fiscal year 1999, the	14286
district's average taxable value, divided by the district's	14287
formula ADM for the preceding fiscal year.	14288

(4) "Threshold valuation" means:

14289

(a) In fiscal year 1999, the adjusted valuation per pupil of	14290
the school district with the two hundred twenty-ninth lowest	14291
adjusted valuation per pupil in the state, according to data	14292
available at the time of the computation under division (B) of	14293
this section;	14294

(b) In fiscal year 2000, the adjusted valuation per pupil of	14295
the district with the one hundred ninety-sixth lowest such	14296
valuation in the state;	14297

(c) In fiscal year 2001, the adjusted valuation per pupil of	14298
the district with the one hundred sixty-third lowest such	14299
valuation in the state;	14300

(d) In fiscal year years 2002 through 2005, the adjusted	14301
valuation per pupil of the district with the	14302
one-hundred-eighteenth lowest such valuation in the state.	14303

(5) "Adjusted valuation per pupil" for a district means an	14304
amount calculated in accordance with the following formula:	14305

The district's valuation per pupil -	14306

($30,000 X (one minus the

14307

district's income factor))

14308

(6) "Millage rate" means .012 in fiscal year 1999, .011 in	14309
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal	14310
year years 2002 through 2005.	14311

(7) "Payment percentage" equals 100% prior to fiscal year	14312
2003, 75% in fiscal year 2003, 50% in fiscal year 2004, 25% in	14313
fiscal year 2005, and zero after fiscal year 2005.	14314

(B) Beginning in fiscal year 1993, during August of each	14315
fiscal year, the department of education shall distribute to each	14316
school district meeting the requirements of section 3317.01 of the	14317
Revised Code whose adjusted valuation per pupil is less than the	14318
threshold valuation, an amount calculated in accordance with the	14319
following formula:	14320

(The threshold valuation -	14321

the district's adjusted valuation per pupil) X

14322

millage rate X ADM X the payment percentage

14323

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

14324

(1) "Total taxes charged and payable for current expenses"	14325
means the sum of the taxes charged and payable as certified under	14326
division (A)(3)(a) of section 3317.021 of the Revised Code less	14327
any amounts reported under division (A)(3)(b) of that section, and	14328
the tax distribution for the preceding year under any school	14329
district income tax levied by the district pursuant to Chapter	14330
5748. of the Revised Code to the extent the revenue from the	14331
income tax is allocated or apportioned to current expenses.	14332

(2) "State equalization enhancement payments" means any	14333
payment made to a school district pursuant to section 3317.0215 of	14334
the Revised Code for the preceding fiscal year.	14335

(3) "Charge-off amount" means the product obtained by	14336
multiplying two and three-tenths per cent by adjusted total	14337
taxable value recognized valuation.	14338

(4) "Total receipts available for current expenses" of a	14339
school district means the sum of total taxes charged and payable	14340
for current expenses and the district's state equalization	14341
enhancement payments.	14342

(5) "Local share of special education and related services	14343
additional weighted costs" has the same meaning as in division	14344
(C)(3) of section 3317.022 of the Revised Code.	14345

(6) "Local share of vocational education and associated	14346
services additional weighted costs" for each school district means	14347
the amount determined as follows:	14348

(1 - state share percentage as defined in section

14349

3317.022 of the Revised Code) X [(total vocational

14350

education weight as defined in that section X

14351

the formula amount) + the district's payment under division (E)(2)	14352
of section 3317.022 of the Revised Code]	14353

(3) Until fiscal year 2003, the "actual local share of	14354
special education, transportation, and vocational education	14355
funding" for any school district means the sum of the district's	14356
attributed local shares described in divisions (F)(1) to (3) of	14357
section 3317.022 of the Revised Code. Beginning in fiscal year	14358
2003, the "actual local share of special education,	14359
transportation, and vocational education funding" means that sum	14360
minus the amount of any excess cost supplement payment calculated	14361
for the district under division (F) of section 3317.022 of the	14362
Revised Code.	14363

(B) Upon receiving the certifications under section 3317.021	14364
of the Revised Code, the department of education shall determine	14365
for each city, local, and exempted village school district whether	14366
the district's charge-off amount is greater than the district's	14367
total receipts available taxes charged and payable for current	14368
expenses, and if it is, shall pay the district the amount of the	14369
difference. A payment shall not be made to any school district	14370
for which the computation under division (A) of section 3317.022	14371
of the Revised Code equals zero.	14372

(C)(1) If a district's charge-off amount is equal to or	14373
greater than its total receipts available taxes charged and	14374
payable for current expenses, the department shall, in addition to	14375
the payment required under division (B) of this section, pay the	14376
district the amount of the its actual local share of special	14377
education and related services additional weighted costs,	14378
transportation, and the amount of the local share of vocational	14379
education and associated services additional weighted costs	14380
funding.	14381

(2) If a district's charge-off amount is less than its total	14382
receipts available taxes charged and payable for current expenses,	14383
the department shall pay the district any amount by which the sum	14384
of its actual local share of special education and related	14385
services additional weighted costs plus its local share of,	14386
transportation, and vocational education and associated services	14387
additional weighted costs funding exceeds its total receipts	14388
available taxes charged and payable for current expenses minus its	14389
charge-off amount.	14390

Sec. 3317.0217. The department of education shall annually	14391
compute and pay state parity aid to school districts, as follows:	14392

(A) Calculate the local wealth per pupil of each school	14393
district, which equals the following sum:	14394

(1) Two-thirds times the quotient of (a) the district's	14395
recognized valuation divided by (b) its formula ADM; plus	14396

(2) One-third times the quotient of (a) the average of the	14397
total federal adjusted gross income of the school district's	14398
residents for the three years most recently reported under section	14399
3317.021 of the Revised Code divided by (b) its formula ADM.	14400

(B) Rank all school districts in order of local wealth per	14401
pupil, from the district with the lowest local wealth per pupil to	14402
the district with the highest local wealth per pupil.	14403

(C) Compute and pay state parity aid funding to each school	14404
district in accordance with the following formula:	14405

Payment percentage X (threshold local wealth

14406

per pupil - the district's local

14407

wealth per pupil) X 0.0095 X formula ADM

14408

Where:

14409

(1) "Payment percentage" equals 20% in fiscal year 2002, 40%	14410
in fiscal year 2003, 60% in fiscal year 2004, 80% in fiscal year	14411
2005, and 100% after fiscal year 2005.	14412

(2) Nine and one-half mills (0.0095) is the general	14413
assembly's determination of the average number of effective	14414
operating mills that districts in the seventieth to ninetieth	14415
percentiles of valuations per pupil collected in fiscal year 2001	14416
above the revenues required to finance their attributed local	14417
shares of the calculated cost of an adequate education. This was	14418
determined by (a) adding the district revenues from operating	14419
property tax levies and income tax levies, (b) subtracting from	14420
that total the sum of (i) twenty-three mills times adjusted	14421
recognized valuation plus (ii) the attributed local shares of	14422
special education, transportation, and vocational education	14423
funding as described in divisions (F)(1) to (3) of section	14424
3317.022 of the Revised Code, and (c) converting the result to an	14425
effective operating property tax rate.	14426

(3) The "threshold local wealth per pupil" is the local	14427
wealth per pupil of the school district with the	14428
four-hundred-ninetieth lowest local wealth per pupil.	14429

If the result of the calculation for a school district under	14430
division (C) of this section is less than zero, the district's	14431
payment shall be zero.	14432

Every six years, the general assembly shall redetermine,	14433
after considering the report of the committee appointed under	14434
section 3317.012 of the Revised Code, the average number of	14435
effective operating mills that districts in the seventieth to	14436
ninetieth percentiles of valuations per pupil collect above the	14437
revenues required to finance their attributed local shares of the	14438
cost of an adequate education.	14439

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	14440
(C) of this section, any student enrolled in kindergarten more	14441
than half time shall be reported as one-half student under this	14442
section.	14443

(A) The superintendent of each city and exempted village	14444
school district and of each educational service center shall, for	14445
the schools under the superintendent's supervision, certify to the	14446
state board of education on or before the fifteenth day of October	14447
in each year for the first full school week in October the formula	14448
ADM, which shall consist of the average daily membership during	14449
such week of the sum of the following:	14450

(1) On an FTE basis, the number of students in grades	14451
kindergarten through twelve receiving any educational services	14452
from the district, except that the following categories of	14453
students shall not be included in the determination:	14454

(a) Students enrolled in adult education classes;

14455

(b) Adjacent or other district students enrolled in the	14456
district under an open enrollment policy pursuant to section	14457
3313.98 of the Revised Code;	14458

(c) Students receiving services in the district pursuant to	14459
a compact, cooperative education agreement, or a contract, but who	14460
are entitled to attend school in another district pursuant to	14461
section 3313.64 or 3313.65 of the Revised Code;	14462

(d) Students for whom tuition is payable pursuant to	14463
sections 3317.081 and 3323.141 of the Revised Code.	14464

(2) On an FTE basis, the number of students entitled to	14465
attend school in the district pursuant to section 3313.64 or	14466
3313.65 of the Revised Code, but receiving educational services in	14467
grades kindergarten through twelve from one or more of the	14468
following entities:	14469

(a) A community school pursuant to Chapter 3314. of the	14470
Revised Code, including any participation in a college pursuant to	14471
Chapter 3365. of the Revised Code while enrolled in such community	14472
school;	14473

(b) An alternative school pursuant to sections 3313.974 to	14474
3313.979 of the Revised Code as described in division (I)(2)(a) or	14475
(b) of this section;	14476

(c) A college pursuant to Chapter 3365. of the Revised Code,	14477
except when the student is enrolled in the college while also	14478
enrolled in a community school pursuant to Chapter 3314. of the	14479
Revised Code;	14480

(d) An adjacent or other school district under an open	14481
enrollment policy adopted pursuant to section 3313.98 of the	14482
Revised Code;	14483

(e) An educational service center or cooperative education	14484
district;	14485

(f) Another school district under a cooperative education	14486
agreement, compact, or contract.	14487

(3) One-fourth of the number of students enrolled in a joint	14488
vocational school district or under a vocational education	14489
compact, excluding any students entitled to attend school in the	14490
district under section 3313.64 or 3313.65 of the Revised Code who	14491
are enrolled in another school district through an open enrollment	14492
policy as reported under division (A)(2)(d) of this section and	14493
then enroll in a joint vocational school district or under a	14494
vocational education compact;	14495

(4) The number of handicapped children, other than	14496
handicapped preschool children, entitled to attend school in the	14497
district pursuant to section 3313.64 or 3313.65 of the Revised	14498
Code who are placed with a county MR/DD board, minus the number of	14499
such children placed with a county MR/DD board in fiscal year	14500
1998. If this calculation produces a negative number, the number	14501
reported under division (A)(4) of this section shall be zero.	14502

(B) To enable the department of education to obtain the data	14503
needed to complete the calculation of payments pursuant to this	14504
chapter, in addition to the formula ADM, each superintendent shall	14505
report separately the following student counts:	14506

(1) The total average daily membership in regular day	14507
classes included in the report under division (A)(1) or (2) of	14508
this section for kindergarten, and each of grades one through	14509
twelve in schools under the superintendent's supervision;	14510

(2) The number of all handicapped preschool children	14511
enrolled as of the first day of December in classes in the	14512
district that are eligible for approval by the state board of	14513
education under division (B) of section 3317.05 of the Revised	14514
Code and the number of those classes, which shall be reported not	14515
later than the fifteenth day of December, in accordance with rules	14516
adopted under that section;	14517

(3) The number of children entitled to attend school in the	14518
district pursuant to section 3313.64 or 3313.65 of the Revised	14519
Code who are participating in a pilot project scholarship program	14520
established under sections 3313.974 to 3313.979 of the Revised	14521
Code as described in division (I)(2)(a) or (b) of this section,	14522
are enrolled in a college under Chapter 3365. of the Revised Code,	14523
except when the student is enrolled in the college while also	14524
enrolled in a community school pursuant to Chapter 3314. of the	14525
Revised Code, are enrolled in an adjacent or other school district	14526
under section 3313.98 of the Revised Code, are enrolled in a	14527
community school established under Chapter 3314. of the Revised	14528
Code, including any participation in a college pursuant to Chapter	14529
3365. of the Revised Code while enrolled in such community school,	14530
or are participating in a program operated by a county MR/DD board	14531
or a state institution;	14532

(4) The number of pupils enrolled in joint vocational	14533
schools;	14534

(5) The average daily membership of handicapped children	14535
reported under division (A)(1) or (2) of this section receiving	14536
category one special education services, for the category one	14537
handicap described in division (A) of section 3317.013 of the	14538
Revised Code;	14539

(6) The average daily membership of handicapped children	14540
reported under division (A)(1) or (2) of this section receiving	14541
category two special education services, for category two	14542
handicaps described in division (B) of section 3317.013 of the	14543
Revised Code;	14544

(7) The average daily membership of handicapped children	14545
reported under division (A)(1) or (2) of this section identified	14546
as having any of the receiving special education services for	14547
category three handicaps specified described in division (F)(3)(C)	14548
of section 3317.02 3317.013 of the Revised Code;	14549

(8) The average daily membership of handicapped children	14550
reported under division (A)(1) or (2) of this section receiving	14551
special education services for category four handicaps specified	14552
in division (D) of section 3317.013 of the Revised Code;	14553

(9) The average daily membership of handicapped children	14554
reported under division (A)(1) or (2) of this section receiving	14555
special education services for category five handicaps specified	14556
in division (E) of section 3317.013 of the Revised Code;	14557

(10) The average daily membership of handicapped children	14558
reported under division (A)(1) or (2) of this section receiving	14559
special education services for category six handicaps specified in	14560
division (F) of section 3317.013 of the Revised Code;	14561

(11) The average daily membership of pupils reported under	14562
division (A)(1) or (2) of this section enrolled in category one	14563
vocational education programs or classes, described in division	14564
(A) of section 3317.014 of the Revised Code, operated by the	14565
school district or by another district, other than a joint	14566
vocational school district, or by an educational service center;	14567

(9)(12) The average daily membership of pupils reported	14568
under division (A)(1) or (2) of this section enrolled in category	14569
two vocational education programs or services, described in	14570
division (B) of section 3317.014 of the Revised Code, operated by	14571
the school district or another school district, other than a joint	14572
vocational school district, or by an educational service center;	14573

(10)(13) The average number of children transported by the	14574
school district on board-owned or contractor-owned and -operated	14575
buses, reported in accordance with rules adopted by the department	14576
of education;	14577

(11)(14)(a) The number of children, other than handicapped	14578
preschool children, the district placed with a county MR/DD board	14579
in fiscal year 1998;	14580

(b) The number of handicapped children, other than	14581
handicapped preschool children, placed with a county MR/DD board	14582
in the current fiscal year to receive category one special	14583
education services, for the category one handicap described in	14584
division (A) of section 3317.013 of the Revised Code;	14585

(c) The number of handicapped children, other than	14586
handicapped preschool children, placed with a county MR/DD board	14587
in the current fiscal year to receive category two special	14588
education services, for category two handicaps described in	14589
division (B) of section 3317.013 of the Revised Code;	14590

(d) The number of handicapped children, other than	14591
handicapped preschool children, placed with a county MR/DD board	14592
in the current fiscal year to receive category three special	14593
education services, for category three handicaps described in	14594
division (F)(3)(C) of section 3317.02 3317.013 of the Revised	14595
Code;	14596

(e) The number of handicapped children, other than	14597
handicapped preschool children, placed with a county MR/DD board	14598
in the current fiscal year to receive special education services	14599
for category four handicaps described in division (D) of section	14600
3317.013 of the Revised Code;	14601

(f) The number of handicapped children, other than	14602
handicapped preschool children, placed with a county MR/DD board	14603
in the current fiscal year to receive special education services	14604
for category five handicaps described in division (E) of section	14605
3317.013 of the Revised Code;	14606

(g) The number of handicapped children, other than	14607
handicapped preschool children, placed with a county MR/DD board	14608
in the current fiscal year to receive special education services	14609
for category six handicaps described in division (F) of section	14610
3317.013 of the Revised Code.	14611

(C) Except as otherwise provided in this section for	14612
kindergarten students, the average daily membership in divisions	14613
(B)(1) to (9)(12) of this section shall be based upon the number	14614
of full-time equivalent students. The state board of education	14615
shall adopt rules defining full-time equivalent students and for	14616
determining the average daily membership therefrom for the	14617
purposes of divisions (A), (B), and (D) of this section. No child	14618
shall be counted as more than a total of one child in the sum of	14619
the average daily memberships of a school district under division	14620
(A), divisions (B)(1) to (9)(12), or division (D) of this section,	14621
except as follows:	14622

(1) A child with a handicap described in section 3317.013 or	14623
division (F)(3) of section 3317.02 of the Revised Code may be	14624
counted both in formula ADM and in category one, two, or three,	14625
four, five, or six special education ADM and, if applicable, in	14626
category one or two vocational education ADM. As provided in	14627
division (C) of section 3317.02 of the Revised Code, such a child	14628
shall be counted in category one, two, or three, four, five, or	14629
six special education ADM in the same proportion that the child is	14630
counted in formula ADM.	14631

(2) A child enrolled in vocational education programs or	14632
classes described in section 3314.014 of the Revised Code may be	14633
counted both in formula ADM and category one or two vocational	14634
education ADM and, if applicable, in category one, two, or three,	14635
four, five, or six special education ADM. Such a child shall be	14636
counted in category one or two vocational education ADM in the	14637
same proportion as the percentage of time that the child spends in	14638
the vocational education programs or classes.	14639

Based on the information reported under this section, the	14640
department of education shall determine the total student count,	14641
as defined in section 3301.011 of the Revised Code, for each	14642
school district.	14643

(D)(1) The superintendent of each joint vocational school	14644
district shall certify to the superintendent of public instruction	14645
on or before the fifteenth day of October in each year for the	14646
first full school week in October the formula ADM, which shall	14647
consist of the average daily membership during such week, on an	14648
FTE basis, of the number of students receiving any educational	14649
services from the district, except that the following categories	14650
of students shall not be included in the determination:	14651

(a) Students enrolled in adult education classes;

14652

(b) Adjacent or other district joint vocational students	14653
enrolled in the district under an open enrollment policy pursuant	14654
to section 3313.98 of the Revised Code;	14655

(c) Students receiving services in the district pursuant to	14656
a compact, cooperative education agreement, or a contract, but who	14657
are entitled to attend school in a city, local, or exempted	14658
village school district whose territory is not part of the	14659
territory of the joint vocational district;	14660

(d) Students for whom tuition is payable pursuant to	14661
sections 3317.081 and 3323.141 of the Revised Code.	14662

(2) To enable the department of education to obtain the data	14663
needed to complete the calculation of payments pursuant to this	14664
chapter, in addition to the formula ADM, each superintendent shall	14665
report separately the average daily membership included in the	14666
report under division (D)(1) of this section for each of the	14667
following categories of students:	14668

(a) Students enrolled in each grade included in the joint	14669
vocational district schools;	14670

(b) Handicapped children receiving category one special	14671
education services, for the category one handicap described in	14672
division (A) of section 3317.013 of the Revised Code;	14673

(c) Handicapped children receiving category two special	14674
education services, for category two handicaps described in	14675
division (B) of section 3317.013 of the Revised Code;	14676

(d) Handicapped children identified as having any of the	14677
receiving special education services for category three handicaps	14678
specified in division (F)(3)(C) of section 3317.02 3317.013 of the	14679
Revised Code;	14680

(e) Handicapped children receiving special education services	14681
for category four handicaps described in division (D) of section	14682
3317.013 of the Revised Code;	14683

(f) Handicapped children receiving special education	14684
services for category five handicaps described in division (E) of	14685
section 3317.013 of the Revised Code;	14686

(g) Handicapped children receiving special education	14687
services for category six handicaps described in division (F) of	14688
section 3317.013 of the Revised Code;	14689

(h) Students receiving category one vocational education	14690
services, described in division (A) of section 3317.014 of the	14691
Revised Code;	14692

(f)(i) Students receiving category two vocational education	14693
services, described in division (B) of section 3317.014 of the	14694
Revised Code.	14695

The superintendent of each joint vocational school district	14696
shall also indicate the city, local, or exempted village school	14697
district in which each joint vocational district pupil is entitled	14698
to attend school pursuant to section 3313.64 or 3313.65 of the	14699
Revised Code.	14700

(E) In each school of each city, local, exempted village,	14701
joint vocational, and cooperative education school district there	14702
shall be maintained a record of school membership, which record	14703
shall accurately show, for each day the school is in session, the	14704
actual membership enrolled in regular day classes. For the	14705
purpose of determining average daily membership, the membership	14706
figure of any school shall not include any pupils except those	14707
pupils described by division (A) of this section. The record of	14708
membership for each school shall be maintained in such manner that	14709
no pupil shall be counted as in membership prior to the actual	14710
date of entry in the school and also in such manner that where for	14711
any cause a pupil permanently withdraws from the school that pupil	14712
shall not be counted as in membership from and after the date of	14713
such withdrawal. There shall not be included in the membership of	14714
any school any of the following:	14715

(1) Any pupil who has graduated from the twelfth grade of a	14716
public high school;	14717

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

14718

(3) Any pupil who was enrolled in the schools of the	14719
district during the previous school year when tests were	14720
administered under section 3301.0711 of the Revised Code but did	14721
not take one or more of the tests required by that section and was	14722
not excused pursuant to division (C)(1) of that section;	14723

(4) Any pupil who has attained the age of twenty-two years,	14724
except for veterans of the armed services whose attendance was	14725
interrupted before completing the recognized twelve-year course of	14726
the public schools by reason of induction or enlistment in the	14727
armed forces and who apply for reenrollment in the public school	14728
system of their residence not later than four years after	14729
termination of war or their honorable discharge.	14730

If, however, any veteran described by division (E)(4)(b) of	14731
this section elects to enroll in special courses organized for	14732
veterans for whom tuition is paid under the provisions of federal	14733
laws, or otherwise, that veteran shall not be included in average	14734
daily membership.	14735

Notwithstanding division (E)(3) of this section, the	14736
membership of any school may include a pupil who did not take a	14737
test required by section 3301.0711 of the Revised Code if the	14738
superintendent of public instruction grants a waiver from the	14739
requirement to take the test to the specific pupil. The	14740
superintendent may grant such a waiver only for good cause in	14741
accordance with rules adopted by the state board of education.	14742

Except as provided in division (B)(2) of this section, the	14743
average daily membership figure of any local, city, exempted	14744
village, or joint vocational school district shall be determined	14745
by dividing the figure representing the sum of the number of	14746
pupils enrolled during each day the school of attendance is	14747
actually open for instruction during the first full school week in	14748
October by the total number of days the school was actually open	14749
for instruction during that week. For purposes of state funding,	14750
"enrolled" persons are only those pupils who are attending school,	14751
those who have attended school during the current school year and	14752
are absent for authorized reasons, and those handicapped children	14753
currently receiving home instruction.	14754

The average daily membership figure of any cooperative	14755
education school district shall be determined in accordance with	14756
rules adopted by the state board of education.	14757

(F)(1) If the formula ADM for the first full school week in	14758
February is at least three per cent greater than that certified	14759
for the first full school week in the preceding October, the	14760
superintendent of schools of any city, exempted village, or joint	14761
vocational school district or educational service center shall	14762
certify such increase to the superintendent of public instruction.	14763
Such certification shall be submitted no later than the fifteenth	14764
day of February. For the balance of the fiscal year, beginning	14765
with the February payments, the superintendent of public	14766
instruction shall use the increased formula ADM in calculating or	14767
recalculating the amounts to be allocated in accordance with	14768
section 3317.022 or 3317.16 of the Revised Code. In no event	14769
shall the superintendent use an increased membership certified to	14770
the superintendent after the fifteenth day of February.	14771

(2) If on the first school day of April the total number of	14772
classes or units for handicapped preschool children that are	14773
eligible for approval under division (B) of section 3317.05 of the	14774
Revised Code exceeds the number of units that have been approved	14775
for the year under that division, the superintendent of schools of	14776
any city, exempted village, or cooperative education school	14777
district or educational service center shall make the	14778
certifications required by this section for that day. If the	14779
state board of education determines additional units can be	14780
approved for the fiscal year within any limitations set forth in	14781
the acts appropriating moneys for the funding of such units, the	14782
board shall approve additional units for the fiscal year on the	14783
basis of such average daily membership. For each unit so	14784
approved, the department of education shall pay an amount computed	14785
in the manner prescribed in section 3317.161 3317.052 or 3317.19	14786
and section 3317.162 3317.053 of the Revised Code.	14787

(G)(1)(a) The superintendent of an institution operating a	14788
special education program pursuant to section 3323.091 of the	14789
Revised Code shall, for the programs under such superintendent's	14790
supervision, certify to the state board of education the average	14791
daily membership of all handicapped children in classes or	14792
programs approved annually by the state board of education, in the	14793
manner prescribed by the superintendent of public instruction.	14794

(b) The superintendent of an institution with vocational	14795
education units approved under division (A) of section 3317.05 of	14796
the Revised Code shall, for the units under the superintendent's	14797
supervision, certify to the state board of education the average	14798
daily membership in those units, in the manner prescribed by the	14799
superintendent of public instruction.	14800

(2) The superintendent of each county MR/DD board that	14801
maintains special education classes under section 3317.20 of the	14802
Revised Code or units approved by the state board of education	14803
pursuant to section 3317.05 of the Revised Code shall do both of	14804
the following:	14805

(a) Certify to the state board, in the manner prescribed by	14806
the board, the average daily membership in classes and units	14807
approved under division (D)(1) of under section 3317.05 3317.20 of	14808
the Revised Code for each school district that has placed children	14809
in the classes or units;	14810

(b) Certify to the state board, in the manner prescribed by	14811
the board, the number of all handicapped preschool children	14812
enrolled as of the first day of December in classes eligible for	14813
approval under division (B) of section 3317.05 of the Revised	14814
Code, and the number of those classes.	14815

(3)(a) If during the first full school week in February the	14816
average daily membership of the classes or units maintained by the	14817
county MR/DD board that are eligible for approval under division	14818
(D)(1) of section 3317.05 of the Revised Code is greater than the	14819
average daily membership for the preceding October, the	14820
superintendent of the board shall make the certifications required	14821
by this section for such week.	14822

(b) If on the first school day of April the number of	14823
classes or units maintained for handicapped preschool children by	14824
the county MR/DD board that are eligible for approval under	14825
division (B) of section 3317.05 of the Revised Code is greater	14826
than the number of units approved for the year under that	14827
division, the superintendent shall make the certification required	14828
by this section for that day.	14829

(c)(b) If the state board determines that additional classes	14830
or units can be approved for the fiscal year within any	14831
limitations set forth in the acts appropriating moneys for the	14832
funding of the classes and units described in division (G)(3)(a)	14833
or (b) of this section, the board shall approve and fund	14834
additional units for the fiscal year on the basis of such average	14835
daily membership. For each unit so approved, the department of	14836
education shall pay an amount computed in the manner prescribed in	14837
sections 3317.161 3317.052 and 3317.162 3317.053 of the Revised	14838
Code.	14839

(H) Except as provided in division (I) of this section, when	14840
any city, local, or exempted village school district provides	14841
instruction for a nonresident pupil whose attendance is	14842
unauthorized attendance as defined in section 3327.06 of the	14843
Revised Code, that pupil's membership shall not be included in	14844
that district's membership figure used in the calculation of that	14845
district's formula ADM or included in the determination of any	14846
unit approved for the district under section 3317.05 of the	14847
Revised Code. The reporting official shall report separately the	14848
average daily membership of all pupils whose attendance in the	14849
district is unauthorized attendance, and the membership of each	14850
such pupil shall be credited to the school district in which the	14851
pupil is entitled to attend school under division (B) of section	14852
3313.64 or section 3313.65 of the Revised Code as determined by	14853
the department of education.	14854

(I)(1) A city, local, exempted village, or joint vocational	14855
school district admitting a scholarship student of a pilot project	14856
district pursuant to division (C) of section 3313.976 of the	14857
Revised Code may count such student in its average daily	14858
membership.	14859

(2) In any year for which funds are appropriated for pilot	14860
project scholarship programs, a school district implementing a	14861
state-sponsored pilot project scholarship program that year	14862
pursuant to sections 3313.974 through 3313.979 of the Revised Code	14863
may count in average daily membership:	14864

(a) All children residing in the district and utilizing a	14865
scholarship to attend kindergarten in any alternative school, as	14866
defined in section 3313.974 of the Revised Code;	14867

(b) All children who were enrolled in the district in the	14868
preceding year who are utilizing a scholarship to attend any such	14869
alternative school.	14870

(J) The superintendent of each cooperative education school	14871
district shall certify to the superintendent of public	14872
instruction, in a manner prescribed by the state board of	14873
education, the applicable average daily memberships for all	14874
students in the cooperative education district, also indicating	14875
the city, local, or exempted village district where each pupil is	14876
entitled to attend school under section 3313.64 or 3313.65 of the	14877
Revised Code.	14878

Sec. 3317.05.  (A) For the purpose of calculating payments	14879
under sections 3317.161 3317.052 and 3317.162 3317.053 of the	14880
Revised Code, the state board of education shall determine for	14881
each institution, by the last day of January of each year and	14882
based on information certified under section 3317.03 of the	14883
Revised Code, the number of vocational education units or	14884
fractions of units approved by the state board on the basis of	14885
standards and rules adopted by the state board. As used in this	14886
division, "institution" means an institution operated by a	14887
department specified in section 3323.091 of the Revised Code and	14888
that provides vocational education programs under the supervision	14889
of the division of vocational education of the department of	14890
education that meet the standards and rules for these programs,	14891
including licensure of professional staff involved in the	14892
programs, as established by the state board of education.	14893

(B) For the purpose of calculating payments under sections	14894
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	14895
the Revised Code, the state board shall determine, based on	14896
information certified under section 3317.03 of the Revised Code,	14897
the following by the last day of January of each year for each	14898
educational service center, for each school district, including	14899
each cooperative education school district, for each institution	14900
eligible for payment under section 3323.091 of the Revised Code,	14901
and for each county MR/DD board: the number of classes operated	14902
by the school district, service center, institution, or county	14903
MR/DD board for handicapped preschool children, or fraction	14904
thereof, including in the case of a district or service center	14905
that is a funding agent, classes taught by a licensed teacher	14906
employed by that district or service center under section 3313.841	14907
of the Revised Code, approved annually by the state board on the	14908
basis of standards and rules adopted by the state board.	14909

(C) For the purpose of calculating payments under sections	14910
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	14911
the Revised Code, the state board shall determine, based on	14912
information certified under section 3317.03 of the Revised Code,	14913
the following by the last day of January of each year for each	14914
school district, including each cooperative education school	14915
district, for each institution eligible for payment under section	14916
3323.091 of the Revised Code, and for each county MR/DD board: the	14917
number of preschool handicapped related services units for child	14918
study, occupational, physical, or speech and hearing therapy,	14919
special education supervisors, and special education coordinators	14920
approved annually by the state board on the basis of standards and	14921
rules adopted by the state board.	14922

(D) For the purpose of calculating payments under sections	14923
3317.161 3317.052 and 3317.162 3317.053 of the Revised Code, the	14924
state board shall determine, based on information certified under	14925
section 3317.03 of the Revised Code, the following by the last day	14926
of January of each year for each institution eligible for payment	14927
under section 3323.091 of the Revised Code, and for each county	14928
MR/DD board:	14929

(1) The number of classes operated by an institution or	14930
county MR/DD board for handicapped children other than handicapped	14931
preschool children, or fraction thereof, approved annually by the	14932
state board on the basis of standards and rules adopted by the	14933
state board;	14934

(2) The number of related services units for children other	14935
than handicapped preschool children for child study, occupational,	14936
physical, or speech and hearing therapy, special education	14937
supervisors, and special education coordinators approved annually	14938
by the state board on the basis of standards and rules adopted by	14939
the state board.	14940

(E) All of the arithmetical calculations made under this	14941
section shall be carried to the second decimal place. The total	14942
number of units for school districts, service centers, and	14943
institutions approved annually by the state board under this	14944
section shall not exceed the number of units included in the state	14945
board's estimate of cost for these units and appropriations made	14946
for them by the general assembly.	14947

In the case of units described in division (D)(1) of this	14948
section operated by county MR/DD boards and institutions eligible	14949
for payment under section 3323.091 of the Revised Code, the state	14950
board shall approve only units for persons who are under age	14951
twenty-two on the first day of the academic year, but not less	14952
than six years of age on the thirtieth day of September of that	14953
year, except that such a unit may include one or more children who	14954
are under six years of age on the thirtieth day of September if	14955
such children have been admitted to the unit pursuant to rules of	14956
the state board. In the case of handicapped preschool units	14957
described in division (B) of this section operated by county MR/DD	14958
boards and institutions eligible for payment under section	14959
3323.091 of the Revised Code, the state board shall approve only	14960
preschool units for children who are under age six but not less	14961
than age three on the thirtieth day of September of the academic	14962
year, except that such a unit may include one or more children who	14963
are under age three or are age six or over on the thirtieth day of	14964
September if such children have been admitted to the unit pursuant	14965
to rules of the state board of education. The number of units for	14966
county MR/DD boards and institutions eligible for payment under	14967
section 3323.091 of the Revised Code approved by the state board	14968
under this section shall not exceed the number that can be funded	14969
with appropriations made for such purposes by the general	14970
assembly.	14971

No unit shall be approved under divisions (B) to (D) of this	14972
section unless a plan has been submitted and approved under	14973
Chapter 3323. of the Revised Code.	14974

(F) The department shall approve units or fractions thereof	14975
for gifted children on the basis of standards and rules adopted by	14976
the board.	14977

Sec. 3317.051.  (A)(1) Notwithstanding sections 3317.05 and	14978
3317.11 of the Revised Code, a unit funded pursuant to division	14979
(P) of section 3317.024 or division (A)(2) of section 3317.161	14980
3317.052 of the Revised Code shall not be approved for state	14981
funding in one school district, including any cooperative	14982
education school district or any educational service center, to	14983
the extent that such unit provides programs in or services to	14984
another district which receives payment pursuant to section	14985
3317.04 of the Revised Code.	14986

(2) Any city, local, exempted village, or cooperative	14987
education school district or any educational service center may	14988
combine partial unit eligibility for handicapped preschool	14989
programs pursuant to section 3317.05 of the Revised Code, and such	14990
combined partial units may be approved for state funding in one	14991
school district or service center.	14992

(B) After units have been initially approved for any fiscal	14993
year under section 3317.05 of the Revised Code, no unit shall be	14994
subsequently transferred from a school district or educational	14995
service center to another city, exempted village, local, or	14996
cooperative education school district or educational service	14997
center or to an institution or county MR/DD board solely for the	14998
purpose of reducing the financial obligations of the school	14999
district in a fiscal year it receives payment pursuant to section	15000
3317.04 of the Revised Code.	15001

Sec. 3317.161.        Sec.  .        Sec. 3317.052.  As used in this section,	15002
"institution" means an institution operated by a department	15003
specified in section 3323.091 of the Revised Code.	15004

(A)(1) The department of education shall pay each school	15005
district, educational service center, institution eligible for	15006
payment under section 3323.091 of the Revised Code, or county	15007
MR/DD board an amount for the total of all classroom units for	15008
handicapped preschool children approved under division (B) of	15009
section 3317.05 of the Revised Code. For each unit, the amount	15010
shall be the sum of the minimum salary for the teacher of the	15011
unit, calculated on the basis of the teacher's training level and	15012
years of experience pursuant to the salary schedule prescribed in	15013
the version of section 3317.13 of the Revised Code in effect prior	15014
to the effective date of this amendment, plus fifteen per cent of	15015
that minimum salary amount, and eight thousand twenty-three	15016
dollars.	15017

(2) The department shall pay each school district,	15018
educational service center, institution eligible for payment under	15019
section 3323.091 of the Revised Code, or county MR/DD board an	15020
amount for the total of all related services units for handicapped	15021
preschool children approved under division (C) of section 3317.05	15022
of the Revised Code. For each such unit, the amount shall be the	15023
sum of the minimum salary for the teacher of the unit calculated	15024
on the basis of the teacher's training level and years of	15025
experience pursuant to the salary schedule prescribed in the	15026
version of section 3317.13 of the Revised Code in effect prior to	15027
the effective date of this amendment, fifteen per cent of that	15028
minimum salary amount, and two thousand one hundred thirty-two	15029
dollars.	15030

(B) If a school district or, educational service center has	15031
had additional handicapped preschool units approved for the year	15032
under division (F)(2) of section 3317.03 of the Revised Code, or	15033
if a county MR/DD board has had additional handicapped preschool	15034
units approved for the year under division (F)(2) or (G)(3) of	15035
section 3317.03 of the Revised Code, the district, educational	15036
service center, or board shall receive an additional amount during	15037
the last half of the fiscal year. For each district, center, or	15038
board, the additional amount for each unit shall equal fifty per	15039
cent of the amounts computed for the unit in the manner prescribed	15040
by division (A) of this section and division (C) of section	15041
3317.162 3317.053 of the Revised Code.	15042

(C)(1) The department shall pay each institution eligible	15043
for payment under section 3323.091 of the Revised Code or county	15044
MR/DD board an amount for the total of all special education units	15045
approved under division (D)(1) of section 3317.05 of the Revised	15046
Code. The amount for each unit shall be the sum of the minimum	15047
salary for the teacher of the unit, calculated on the basis of the	15048
teacher's training level and years of experience pursuant to the	15049
salary schedule prescribed in the version of section 3317.13 of	15050
the Revised Code in effect prior to the effective date of this	15051
amendment, plus fifteen per cent of that minimum salary amount,	15052
and eight thousand twenty-three dollars.	15053

(2) The department shall pay each institution eligible for	15054
payment under section 3323.091 of the Revised Code or county MR/DD	15055
board an amount for the total of all related services units	15056
approved under division (D)(2) of section 3317.05 of the Revised	15057
Code. The amount for each unit shall be the sum of the minimum	15058
salary for the teacher of the unit, calculated on the basis of the	15059
teacher's training level and years of experience pursuant to the	15060
salary schedule prescribed in the version of section 3317.13 of	15061
the Revised Code in effect prior to the effective date of this	15062
amendment, plus fifteen per cent of that minimum salary amount,	15063
and two thousand one hundred thirty-two dollars.	15064

(3) If a county MR/DD board has had additional units for	15065
handicapped children other than handicapped preschool children	15066
approved under division (G)(3) of section 3317.03 of the Revised	15067
Code, the board shall receive an additional amount during the last	15068
half of the fiscal year. For each board, the additional amount	15069
for each unit shall equal fifty per cent of the amount computed	15070
for the unit in the manner prescribed by division (C)(1) of this	15071
section and division (C) of section 3317.162 of the Revised Code.	15072

(D) The department shall pay each institution approved for	15073
vocational education units under division (A) of section 3317.05	15074
of the Revised Code an amount for the total of all the units	15075
approved under that division. The amount for each unit shall be	15076
the sum of the minimum salary for the teacher of the unit,	15077
calculated on the basis of the teacher's training level and years	15078
of experience pursuant to the salary schedule prescribed in the	15079
version of section 3317.13 of the Revised Code in effect prior to	15080
the effective date of this amendment, plus fifteen per cent of	15081
that minimum salary amount, and nine thousand five hundred ten	15082
dollars.	15083

Sec. 3317.162.        Sec.  .        Sec. 3317.053.  (A) As used in this section:

15084

(1) "State share percentage" has the same meaning as in	15085
section 3317.022 of the Revised Code.	15086

(2) "Dollar amount" means the amount shown in the following	15087
table for the corresponding type of unit and the appropriate	15088
fiscal year:	15089

(3) "Average unit amount" means the amount shown in the	15095
following table for the corresponding type of unit:	15096

(B) In the case of each unit described in division (B), (C),	15102
or (F) of section 3317.05 of the Revised Code and allocated to a	15103
city, local, or exempted village school district, the department	15104
of education, in addition to the amounts specified in division (P)	15105
of section 3317.024 and sections 3317.161 3317.052 and 3317.19 of	15106
the Revised Code, shall pay a supplemental unit allowance equal to	15107
the sum of the following amounts:	15108

(1) An amount equal to 50% of the average unit amount for	15109
the unit;	15110

(2) An amount equal to the percentage of the dollar amount	15111
for the unit that equals the district's state share percentage.	15112

If, prior to the fifteenth day of May of a fiscal year, a	15113
school district's aid computed under section 3317.022 of the	15114
Revised Code is recomputed pursuant to section 3317.027 or	15115
3317.028 of the Revised Code, the department shall also recompute	15116
the district's entitlement to payment under this section utilizing	15117
a new state share percentage. Such new state share percentage	15118
shall be determined using the district's recomputed basic aid	15119
amount pursuant to section 3317.027 or 3317.028 of the Revised	15120
Code. During the last six months of the fiscal year, the	15121
department shall pay the district a sum equal to one-half of the	15122
recomputed payment in lieu of one-half the payment otherwise	15123
calculated under this section.	15124

(C)(1) In the case of each unit allocated to an institution	15125
pursuant to division (A) of section 3317.05 of the Revised Code,	15126
the department, in addition to the amount specified in section	15127
3317.161 3317.052 of the Revised Code, shall pay a supplemental	15128
unit allowance of $7,227.	15129

(2) In the case of each unit described in division (B) or	15130
(D)(1) of section 3317.05 of the Revised Code that is allocated to	15131
any entity other than a city, exempted village, or local school	15132
district, the department, in addition to the amount specified in	15133
section 3317.161 3317.052 of the Revised Code, shall pay a	15134
supplemental unit allowance of $7,799.	15135

(3) In the case of each unit described in division (C) or	15136
(D)(2) of section 3317.05 of the Revised Code and allocated to any	15137
entity other than a city, exempted village, or local school	15138
district, the department, in addition to the amounts specified in	15139
section 3317.161 3317.052 of the Revised Code, shall pay a	15140
supplemental unit allowance of $2,966.	15141

(4) In the case of each unit described in division (F) of	15142
section 3317.05 of the Revised Code and allocated to an	15143
educational service center, the department, in addition to the	15144
amounts specified in division (P) of section 3317.024 of the	15145
Revised Code, shall pay a supplemental unit allowance of $4,251 in	15146
fiscal year 2000 and $5,251 in fiscal year 2001.	15147

Sec. 3317.064.  (A) There is hereby established in the state	15148
treasury the auxiliary services mobile unit replacement and repair	15149
fund. By the thirtieth day of January of each odd-numbered year,	15150
the director of job and family services and the superintendent of	15151
public instruction shall determine the amount of any excess moneys	15152
in the auxiliary services personnel unemployment compensation fund	15153
not reasonably necessary for the purposes of section 4141.47 of	15154
the Revised Code, and shall certify such amount to the director of	15155
budget and management for transfer to the auxiliary services	15156
mobile unit replacement and repair fund. If the director of jobs	15157
job and family services and the superintendent disagree on such	15158
amount, the director of budget and management shall determine the	15159
amount to be transferred.	15160

(B) Moneys in the auxiliary services mobile unit replacement	15161
and repair fund shall be used for the relocation or for the	15162
replacement and repair of mobile units used to provide the	15163
services specified in division (E), (F), (G), or (I) of section	15164
3317.06 of the Revised Code and for no other purposes. The state	15165
board of education shall adopt guidelines and procedures for	15166
replacement, repair, and relocation of mobile units and the	15167
procedures under which a school district may apply to receive	15168
moneys with which to repair or replace or relocate such units.	15169

(C) School districts may apply to the department for moneys	15170
from the auxiliary services mobile unit replacement and repair	15171
fund for payment of incentives for early retirement and severance	15172
for school district personnel assigned to provide services	15173
authorized by section 3317.06 of the Revised Code at chartered	15174
nonpublic schools.	15175

Sec. 3317.11.  (A) Annually, on or before a date designated	15176
by the state board of education, each educational service center	15177
governing board shall prepare a budget of operating expenses for	15178
the ensuing year for the service center on forms prepared and	15179
furnished by the state board of education and shall certify the	15180
budget to the state board of education, together with such other	15181
information as the board may require. Such budget shall consist	15182
of two parts. Part (A) shall include the cost of the salaries,	15183
employers retirement contributions, and travel expenses of	15184
supervisory teachers approved by the state board of education. The	15185
amount derived from the calculation for such units in part (A) of	15186
the governing board budget shall be the sum of:	15187

(1) The sum of the minimum salaries calculated, pursuant to	15188
section 3317.13 of the Revised Code, for each approved licensed	15189
employee of the governing board;	15190

(2) An additional salary allowance proportional to the	15191
length of the extended term of service not to exceed three months	15192
for each supervisory and child study teacher whose term of service	15193
in any year is extended beyond the terms of service of regular	15194
classroom teachers;	15195

(3) An allowance equal to fifteen per cent of the amount	15196
computed under division (A)(1) of this section;	15197

(4) An allowance for necessary travel expenses, for each of	15198
the personnel approved in part (A) of the budget, limited to two	15199
hundred twenty-three dollars and sixteen cents per month, or two	15200
thousand six hundred seventy-eight dollars per year per person	15201
employed, whichever is the lesser.	15202

Part (B) shall include the cost of all other lawful	15203
expenditures of the governing board. The state board of education	15204
shall review such budget and may approve, increase, or decrease	15205
such budget.	15206

The governing board shall be reimbursed by the state board of	15207
education from state funds for the cost of part (A) of the budget.	15208
The governing board shall be reimbursed by the state board of	15209
education, from state funds for the cost of part (B) of the	15210
approved budget that is in excess of six dollars and fifty cents	15211
times the service center ADM. If the governing board provides	15212
services to city or exempted village school districts pursuant to	15213
section 3313.843 of the Revised Code, the governing board shall be	15214
reimbursed from state funds for the cost of part (B) of the budget	15215
that is in excess of six dollars and fifty cents times the sum of	15216
the service center ADM and the client ADMs of the city or exempted	15217
village districts to which such services are provided. The cost	15218
of part (B) not in excess of six dollars and fifty cents times the	15219
number of such ADM shall be apportioned by the state board of	15220
education among the local school districts in the territory of the	15221
service center, or among all districts to which the governing	15222
board provides services, on the basis of the total number of	15223
pupils in each school district.	15224

If part (B) of the budget is in excess of that approved by	15225
the state board of education, the excess cost shall be apportioned	15226
by the state board of education among the local school districts	15227
in the territory of the service center on the basis of the total	15228
number of such pupils in each such school district, provided that	15229
a majority of the boards of education of such local school	15230
districts approve such apportionment. The state board of	15231
education shall initiate and supervise the procedure by which the	15232
local boards shall approve or disapprove such apportionment.	15233

The amounts so apportioned shall be certified to the	15234
treasurers of the various school districts. In the case of each	15235
district such amount shall be deducted by the state board of	15236
education from funds allocated to the district pursuant to	15237
division (E) of section 3317.023 of the Revised Code.	15238

The state board of education shall certify to the director of	15239
budget and management for payment the total of the deductions,	15240
whereupon the amount shall be paid to the governing board of each	15241
service center, to be deposited to the credit of a separate fund,	15242
hereby created, to be known as the educational service center	15243
governing board fund.	15244

An educational service center may provide special education	15245
to students in its local districts or in client districts. A	15246
service center is eligible for funding under division (J) of	15247
section 3317.024 of the Revised Code and eligible for state	15248
subsidies for the purchase of school buses under section 3317.07	15249
of the Revised Code. Special education units for gifted children	15250
may be operated by a governing board. Vocational education may be	15251
provided by a governing board. A governing board may conduct	15252
driver education for pupils enrolled in a high school for which	15253
the state board of education prescribes minimum standards.	15254

Every local school district shall be provided supervisory	15255
services by its governing board as approved by the state board of	15256
education. A city or exempted village school district shall be	15257
considered to be provided supervisory services by a governing	15258
board if it has entered into an agreement for the governing board	15259
to provide any services under section 3313.843 of the Revised	15260
Code. Supervisory services shall not exceed one supervisory	15261
teacher for the first fifty classroom teachers employed in all	15262
districts that are provided supervisory services calculated under	15263
section 3317.023 of the Revised Code and one supervisory teacher	15264
for every additional one hundred such classroom teachers so	15265
calculated. Reimbursement for such supervisory services shall be	15266
a deduction by the state board of education from the payment to	15267
the school district pursuant to division (E) of section 3317.023	15268
of the Revised Code. Deductions for all supervisory services and	15269
extended services for supervisory and child study shall be	15270
apportioned among local school districts within the territory of	15271
the service center and any city or exempted village districts that	15272
have entered into agreements with a service center pursuant to	15273
section 3313.843 of the Revised Code by the state board of	15274
education on the basis of the total number of pupils in each	15275
school district, except that where such services are provided to	15276
districts other than local school districts within the service	15277
center territory and city or exempted village districts having	15278
agreements with the service center, such charges shall be	15279
apportioned among all participating districts on the basis of the	15280
total number of pupils in each school district. All deductions	15281
from state funding to school districts required for reimbursement	15282
of governing boards by division (E) of section 3317.023 of the	15283
Revised Code shall be made from the total of the payment computed	15284
for the district under this chapter, after making any other	15285
adjustments in that payment required by law.	15286

(B)(1) In addition to the payments made under division (A)	15287
of this section, except as otherwise provided in division (C) of	15288
this section, the department of education shall pay each governing	15289
board the amount in the following schedule for the specified	15290
fiscal year, thirty-seven dollars times the sum of the service	15291
center ADM and the sum of the client ADMs of all its client	15292
districts:	15293

(a) In fiscal year 2000, thirty-six dollars;

15294

(b) In in fiscal year 2001, thirty-seven dollars years 2002	15295
and 2003.	15296

(2) In addition to other payments under this section, the	15297
department shall pay each educational service center the amounts	15298
due to it from school districts pursuant to contracts, compacts,	15299
or agreements under which the service center furnishes services to	15300
the districts or their students. In order to receive payment	15301
under this division, an educational service center shall furnish	15302
either a copy of the applicable contract, compact, or agreement	15303
clearly indicating the amounts of the payments, or a written	15304
statement of the payments owed signed by the superintendent or	15305
treasurer of the responsible school district.	15306

The amounts paid to service centers under division (B)(2) of	15307
this section shall be deducted from payments to school districts	15308
pursuant to division (K)(2) of section 3317.023 of the Revised	15309
Code.	15310

(C) Each multicounty service center shall receive a payment	15311
each fiscal year equal to forty dollars and fifty-two cents times	15312
the sum of the service center ADM and the client ADMs of all its	15313
client districts.	15314

(D) Each city, exempted village, local, joint vocational, or	15315
cooperative education school district shall pay to the governing	15316
board of an educational service center any amounts agreed to for	15317
each child enrolled in the district who receives special education	15318
and related services or vocational education from the educational	15319
service center.	15320

(E) As used in this section:

15321

(1) "Service center ADM" means the total of each of the	15322
following for all local school districts within the limits of an	15323
educational service center's territory:	15324

(a) The formula ADM;

15325

(b) The kindergarten average daily membership included in	15326
the formula ADM;	15327

(c) Three-quarters of the number of students reported under	15328
division (B)(4) of section 3317.03 of the Revised Code;	15329

(d) The average daily membership of handicapped preschool	15330
children reported under division (B)(2) of section 3317.03 of the	15331
Revised Code;	15332

(e) The number of preschool students certified under	15333
division (B) of section 3317.032 of the Revised Code.	15334

(2) "Client ADM" means the total of each number described	15335
under divisions (E)(1)(a) to (e) of this section for a client	15336
district.	15337

(3) "Client district" means a city or exempted village school	15338
district that has entered into an agreement to receive services	15339
from a service center pursuant to section 3313.843 of the Revised	15340
Code.	15341

(4) "Multicounty service center" means a service center that	15342
includes territory that formerly was included in the territory of	15343
at least three former service centers or county school districts,	15344
which former centers or districts engaged in one or more mergers	15345
pursuant to section 3311.053 of the Revised Code to form the	15346
present center.	15347

Sec. 3317.13.  (A) As used in this section and section	15348
3317.14 of the Revised Code:	15349

(1) "Years of service" includes the following:

15350

(a) All years of teaching service in the same school	15351
district or educational service center, regardless of training	15352
level, with each year consisting of at least one hundred twenty	15353
days under a teacher's contract;	15354

(b) All years of teaching service in a chartered, nonpublic	15355
school located in Ohio as a teacher licensed pursuant to section	15356
3319.22 of the Revised Code or in another public school,	15357
regardless of training level, with each year consisting of at	15358
least one hundred twenty days under a teacher's contract;	15359

(c) All years of teaching service in a chartered school or	15360
institution or a school or institution that subsequently became	15361
chartered or a chartered special education program or a special	15362
education program that subsequently became chartered operated by	15363
the state or by a subdivision or other local governmental unit of	15364
this state as a teacher licensed pursuant to section 3319.22 of	15365
the Revised Code, regardless of training level, with each year	15366
consisting of at least one hundred twenty days; and	15367

(d) All years of active military service in the armed forces	15368
of the United States, as defined in section 3307.75 of the Revised	15369
Code, to a maximum of five years. For purposes of this	15370
calculation, a partial year of active military service of eight	15371
continuous months or more in the armed forces shall be counted as	15372
a full year.	15373

(2) "Teacher" means all teachers employed by the board of	15374
education of any school district, including any cooperative	15375
education or joint vocational school district and all teachers	15376
employed by any educational service center governing board.	15377

(B) No teacher shall be paid a salary less than that	15378
provided in the schedule set forth in division (C) of this	15379
section. In calculating the minimum salary any teacher shall be	15380
paid pursuant to this section, years of service shall include the	15381
sum of all years of the teacher's teaching service included in	15382
divisions (A)(1)(a), (b), (c), and (d) of this section; except	15383
that any school district or educational service center employing a	15384
teacher new to the district or educational service center shall	15385
grant such teacher a total of not more than ten years of service	15386
pursuant to divisions (A)(1)(b), (c), and (d) of this section.	15387

Upon written complaint to the superintendent of public	15388
instruction that the board of education of a district or the	15389
governing board of an educational service center governing board	15390
has failed or refused to annually adopt a salary schedule or to	15391
pay salaries in accordance with the salary schedule set forth in	15392
division (C) of this section, the superintendent of public	15393
instruction shall cause to be made an immediate investigation of	15394
such complaint. If the superintendent finds that the conditions	15395
complained of exist, the superintendent shall order the board to	15396
correct such conditions within ten days from the date of the	15397
finding. No moneys shall be distributed to the district or	15398
educational service center under this chapter until the	15399
superintendent has satisfactory evidence of the board of	15400
education's full compliance with such order.	15401

Each teacher shall be fully credited with placement in the	15402
appropriate academic training level column in the district's or	15403
educational service center's salary schedule with years of service	15404
properly credited pursuant to this section or section 3317.14 of	15405
the Revised Code. No rule shall be adopted or exercised by any	15406
board of education or educational service center governing board	15407
which restricts the placement or the crediting of annual salary	15408
increments for any teacher according to the appropriate academic	15409
training level column.	15410

(C) Minimum salaries exclusive of retirement and sick leave	15411
for teachers shall be as follows:	15412

* Percentages represent the percentage which each salary is	15444
of the base amount.	15445

For purposes of determining the minimum salary at any level	15446
of training and service, the base of one hundred per cent shall be	15447
the base amount. The percentages used in this section show the	15448
relationships between the minimum salaries required by this	15449
section and the base amount and shall not be construed as	15450
requiring any school district or educational service center to	15451
adopt a schedule containing salaries in excess of the amounts set	15452
forth in this section for corresponding levels of training and	15453
experience.	15454

As used in this division:

15455

(1) "Base amount" means seventeen twenty thousand dollars.

15456

(2) "Five years of training" means at least one hundred	15457
fifty semester hours, or the equivalent, and a bachelor's degree	15458
from a recognized college or university.	15459

(D) For purposes of this section, all credited training	15460
shall be from a recognized college or university.	15461

Sec. 3317.16.  (A) As used in this section:

15462

(1) "State share percentage" means the percentage calculated	15463
for a joint vocational school district as follows:	15464

(a) Calculate the state base cost funding amount for the	15465
district under division (B) of this section. If the district	15466
would not receive any base cost funding for that year under that	15467
division, the district's state share percentage is zero.	15468

(b) If the district would receive base cost funding under	15469
that division, divide that base cost amount by an amount equal to	15470
the following:	15471

cost-of-doing-business factor X

15472

the formula amount X

15473

the greater of formula ADM or

15474

three-year average formula ADM

15475

The resultant number is the district's state share	15476
percentage.	15477

(2) The "total special education weight" for a joint	15478
vocational school district shall be calculated in the same manner	15479
as prescribed in division (B)(1) of section 3317.022 of the	15480
Revised Code.	15481

(3) The "total vocational education weight" for a joint	15482
vocational school district shall be calculated in the same manner	15483
as prescribed in division (B)(4)(3) of section 3317.022 of the	15484
Revised Code.	15485

(4) The "adjusted total taxable value recognized valuation"	15486
of a joint vocational school district shall be determined by	15487
adding the adjusted total taxable values recognized valuations of	15488
all its constituent school districts for the applicable fiscal	15489
year.	15490

(B) The department of education shall compute and distribute	15491
state base cost funding to each joint vocational school district	15492
for the fiscal year in accordance with the following formula:	15493

(cost-of-doing-business factor X

15494

formula amount X the greater of formula

15495

ADM or three-year average formula ADM) -

15496

(.0005 X adjusted total taxable value recognized valuation)

15497

If the difference obtained under this division is a negative	15498
number, the district's computation shall be zero.	15499

(C)(1) The department shall compute and distribute state	15500
vocational education additional weighted costs funds to each joint	15501
vocational school district in accordance with the following	15502
formula:	15503

state share percentage X formula amount X

15504

total vocational education weight

15505

(2) The department shall compute for each joint vocational	15506
school district state funds for vocational education associated	15507
services costs in accordance with the following formula:	15508

state share percentage X .05 X

15509

the formula amount X the sum of

15510

categories one and two vocational

15511

education ADM

15512

In any fiscal year, a joint vocational school district	15513
receiving funds under division (C)(2) of this section, or through	15514
a transfer of funds pursuant to division (L) of section 3317.023	15515
of the Revised Code, shall spend those funds only for the purposes	15516
that the department designates as approved for vocational	15517
education associated services expenses, which may include such	15518
purposes as apprenticeship coordinators, coordinators for other	15519
vocational education services, vocational evaluation, and other	15520
purposes designated by the department. The department may deny	15521
payment under division (C)(2) of this section to any district that	15522
the department determines is not operating those services or is	15523
using funds paid under division (C)(2) of this section, or through	15524
a transfer of funds pursuant to division (L) of section 3317.023	15525
of the Revised Code, for other purposes.	15526

(D)(1) The department shall compute and distribute state	15527
special education and related services additional weighted costs	15528
funds to each joint vocational school district in accordance with	15529
the following formula:	15530

state share percentage X formula amount X	15531

total special education weight

15532

(2)(a) As used in this division, the "personnel allowance"	15533
means twenty-five thousand dollars in fiscal year 2000 and thirty	15534
thousand dollars in fiscal year 2001 years 2002 and 2003.	15535

(b) For the provision of speech services to students,	15536
including students who do not have individualized education	15537
programs prepared for them under Chapter 3323. of the Revised	15538
Code, and for no other purpose, the department shall pay each	15539
joint vocational school district an amount calculated under the	15540
following formula:	15541

(formula ADM divided by 2000) X the personnel

15542

allowance X state share percentage

15543

(E) If a joint vocational school district's costs for a	15544
fiscal year for a student in its category three categories two	15545
through six special education ADM are twenty-five thousand dollars	15546
or more, the district may submit to the superintendent of public	15547
instruction documentation, as prescribed by the superintendent, of	15548
all of its costs for that student. Upon submission of	15549
documentation for a student of the type and in the manner	15550
prescribed, the department shall pay to the district an amount	15551
equal to the sum of the following:	15552

(1) One-half of the district's costs for the student in	15553
excess of twenty-five thousand dollars;	15554

(2) The product of one-half of the district's costs for the	15555
student in excess of twenty-five thousand dollars multiplied by	15556
the district's state share percentage.	15557

The district shall only report, and the department shall only	15558
pay for, the costs of educational expenses and the related	15559
services provided to the student in accordance with the student's	15560
individualized education program. Any legal fees, court costs, or	15561
other costs associated with any cause of action relating to the	15562
student may not be included in the amount.	15563

(F) Each fiscal year, the department shall pay each joint	15564
vocational school district an amount for adult technical and	15565
vocational education and specialized consultants.	15566

(G)(1) In any fiscal year, a joint vocational school	15567
district receiving funds under division (D) of this section shall	15568
spend on the related services specified in division (B)(3) of	15569
section 3317.022 of the Revised Code at least the lesser of the	15570
following:	15571

(a) The amount the district spent on those related services	15572
in the preceding fiscal year;	15573

(b) 1/8 X {[cost-of-doing-business factor X the formula	15574
amount X (the category one special education ADM + category two	15575
special education ADM + category three special education ADM)] +	15576
the amount calculated for the fiscal year under division (D)(1) of	15577
this section + the local share of special education and related	15578
services additional weighted costs}.	15579

(2) A joint vocational school district's local share of	15580
special education and related services additional weighted costs	15581
equals:	15582

(1 - state share percentage) X	15583

Total special education weight X

15584

the formula amount

15585

(H) In any fiscal year, if the total of all payments made to	15586
a joint vocational school district under divisions (B) to (D) of	15587
this section and division (R) of section 3317.024 of the Revised	15588
Code is less than the amount that district received in fiscal year	15589
1999 under the version of this section in effect that year, plus	15590
the amount that district received under the version of section	15591
3317.162 of the Revised Code in effect that year and minus the	15592
amounts received that year for driver education and adult	15593
education, the department shall pay the district an additional	15594
amount equal to the difference between those two amounts.	15595

(I) In fiscal years 2000 and 2001, each joint vocational	15596
school district shall continue to offer the same number of the	15597
vocational education programs that the district offered in fiscal	15598
year 1999, unless the department of education expressly agrees	15599
that the district may offer fewer programs in either or both	15600
fiscal year 2000 or 2001.	15601

Sec. 3317.19.  (A) As used in this section, "total unit	15602
allowance" means an amount equal to the sum of the following:	15603

(1) The total of the salary allowances for the teachers	15604
employed in the cooperative education school district for all	15605
units approved under division (B) or (C) of section 3317.05 of the	15606
Revised Code. The salary allowance for each unit shall equal the	15607
minimum salary for the teacher of the unit calculated on the basis	15608
of the teacher's training level and years of experience pursuant	15609
to the salary schedule prescribed in the version of section	15610
3317.13 of the Revised Code in effect prior to the effective date	15611
of this amendment.	15612

(2) Fifteen per cent of the total computed under division	15613
(A)(1) of this section;	15614

(3) The total of the unit operating allowances for all	15615
approved units. The amount of each allowance shall equal one of	15616
the following:	15617

(a) Eight thousand twenty-three dollars times the number of	15618
preschool handicapped units or fraction thereof approved for the	15619
year under division (B) of section 3317.05 of the Revised Code;	15620

(b) Two thousand one hundred thirty-two dollars times the	15621
number of units or fraction thereof approved for the year under	15622
division (C) of section 3317.05 of the Revised Code.	15623

(B) The state board of education shall compute and	15624
distribute to each cooperative education school district for each	15625
fiscal year an amount equal to the sum of the following:	15626

(1) An amount equal to the total of the amounts credited to	15627
the cooperative education school district pursuant to division (K)	15628
of section 3317.023 of the Revised Code;	15629

(2) The total unit allowance;

15630

(3) An amount for assisting in providing free lunches to	15631
needy children and an amount for assisting needy school districts	15632
in purchasing necessary equipment for food preparation pursuant to	15633
division (K) of section 3317.024 of the Revised Code.	15634

(C) If a cooperative education school district has had	15635
additional special education units approved for the year under	15636
division (F)(2) of section 3317.03 of the Revised Code, the	15637
district shall receive an additional amount during the last half	15638
of the fiscal year. For each unit, the additional amount shall	15639
equal fifty per cent of the amount computed under division (A) of	15640
this section for a unit approved under division (B) of section	15641
3317.05 of the Revised Code.	15642

Sec. 3317.20.  This section does not apply to handicapped	15643
preschool children.	15644

(A) As used in this section:

15645

(1) "Applicable weight" means:

15646

(a) For a handicapped child receiving special education	15647
services for a handicap specified in division (A) of section	15648
3317.013 of the Revised Code, the multiple specified in that	15649
division;	15650

(b) For a handicapped child receiving special education	15651
services for a handicap specified in division (B) of section	15652
3317.013 or division (F)(3) of section 3317.02 of the Revised	15653
Code, the multiple specified in division (B) of for a handicap	15654
described in that section 3317.013 of the Revised Code.	15655

(2) "Child's school district" means the school district in	15656
which a child is entitled to attend school pursuant to section	15657
3313.64 or 3313.65 of the Revised Code.	15658

(3) "State share percentage" means the state share percentage	15659
of the child's school district as defined in section 3317.022 of	15660
the Revised Code.	15661

(B) Notwithstanding sections 3317.03, 3317.05, 3317.161, and	15662
3317.162 of the Revised Code, the department of education shall	15663
not approve special education and related services units, other	15664
than for handicapped preschool children, in county MR/DD boards in	15665
fiscal years 1999, 2000, and 2001. During those fiscal years,	15666
state funding for special education and related services provided	15667
to school-age children by county MR/DD boards shall be provided	15668
under divisions (C) to (E) of this section.	15669

(C) Except as provided in division (D)(C) of this section,	15670
the department shall annually pay each county MR/DD board an	15671
amount calculated under the following formula for each handicapped	15672
child, other than a handicapped preschool child, for whom the	15673
county MR/DD board provides special education and related	15674
services:	15675

(formula amount X the cost-of-doing-business factor

15676

for the child's school district) +

15677

(state share percentage X formula amount X

15678

the applicable weight)

15679

(D)(C) If any school district places with a county MR/DD	15680
board more handicapped children than it had placed with a county	15681
MR/DD board in fiscal year 1998, the department shall not make a	15682
payment under division (C)(B) of this section for the number of	15683
children exceeding the number placed in fiscal year 1998. The	15684
department instead shall deduct from the district's payments under	15685
this chapter, and pay to the county MR/DD board, an amount	15686
calculated in accordance with the formula prescribed in division	15687
(C)(B) of this section for each child over the number of children	15688
placed in fiscal year 1998.	15689

(E)(D) The department shall calculate for each county MR/DD	15690
board receiving payments under divisions (C)(B) and (D)(C) of this	15691
section the following amounts:	15692

(1) The amount received by the county MR/DD board for	15693
approved special education and related services units, other than	15694
preschool handicapped units, in fiscal year 1998, divided by the	15695
total number of children served in the units that year;	15696

(2) The product of the quotient calculated under division	15697
(E)(D)(1) of this section times the number of children for whom	15698
payments are made under divisions (C)(B) and (D)(C) of this	15699
section.	15700

If the amount calculated under division (E)(D)(2) of this	15701
section is greater than the total amount calculated under	15702
divisions (C)(B) and (D)(C) of this section, the department shall	15703
pay the county MR/DD board one hundred per cent of the difference	15704
in addition to the payments under divisions (C)(B) and (D)(C) of	15705
this section.	15706

Sec. 3318.04.  (A) If the Ohio school facilities commission	15707
makes a determination under section 3318.03 of the Revised Code in	15708
favor of constructing, acquiring, reconstructing, or making	15709
additions to a classroom facility, the project shall be	15710
conditionally approved. Such conditional approval shall be	15711
submitted to the controlling board for approval thereof. The	15712
controlling board shall forthwith approve or reject the	15713
commission's determination, conditional approval, the amount of	15714
the state's portion of the basic project cost, and, if the state's	15715
portion exceeds twenty-five million dollars, the amount of the	15716
state's portion to be encumbered in the current fiscal biennium.	15717
In the event of approval thereof by the controlling board, the	15718
commission shall certify such conditional approval to the school	15719
district board and shall encumber from the total funds	15720
appropriated for the purpose of sections 3318.01 to 3318.20 of the	15721
Revised Code the amount of the state's portion of the basic	15722
project cost or, if the state's portion exceeds twenty-five	15723
million dollars, the amount approved under this section to be	15724
encumbered in the current fiscal biennium.	15725

The basic project cost for a project approved under this	15726
section shall not exceed the cost that would otherwise have to be	15727
incurred if the classroom facilities to be constructed, acquired,	15728
or reconstructed, or the additions to be made to classroom	15729
facilities, under such project meet, but do not exceed, the	15730
specifications for plans and materials for classroom facilities	15731
adopted by the commission.	15732

(B)(1) No school district shall have a project conditionally	15733
approved pursuant to this section if the school district has	15734
already received any assistance for a project funded under any	15735
version of sections 3318.01 to 3318.20 of the Revised Code, and	15736
the prior project was one for which the electors of such district	15737
approved a levy within the last twenty years pursuant to any	15738
version of section 3318.06 of the Revised Code for purposes of	15739
qualifying for the funding of that project, unless the district	15740
demonstrates to the satisfaction of the commission that the	15741
district has experienced since approval of its prior project an	15742
exceptional increase in enrollment significantly above the	15743
district's design capacity under that prior project as determined	15744
by rule of the commission.	15745

(2) Notwithstanding division (B)(1) of this section, any	15746
school district that received assistance under sections 3318.01 to	15747
3318.20 of the Revised Code, as those sections existed prior to	15748
May 20, 1997, may receive additional assistance under those	15749
sections, as they exist on and after May 20, 1997, prior to the	15750
expiration of the period of time required under division (B)(1) of	15751
this section, if the percentile in which the school district is	15752
located, as determined under section 3318.011 of the Revised Code,	15753
is eligible for assistance as prescribed in section 3318.02 of the	15754
Revised Code.	15755

The commission may provide assistance under sections 3318.01	15756
to 3318.20 of the Revised Code pursuant to this division to no	15757
more than five school districts per fiscal year until all eligible	15758
school districts have received the additional assistance	15759
authorized under this division. The commission shall establish	15760
application procedures, deadlines, and priorities for funding	15761
projects under this division.	15762

The commission at its discretion may waive current design	15763
specifications it has adopted for projects under sections 3318.01	15764
to 3318.20 of the Revised Code when assessing an application for	15765
additional assistance under this division for the renovation of	15766
classroom facilities constructed or renovated under a school	15767
district's previous project. If the commission finds that a	15768
school district's existing classroom facilities are adequate to	15769
meet all of the school district's needs, the commission may	15770
determine that no additional state assistance be awarded to a	15771
school district under this division.	15772

In order for a school district to be eligible to receive any	15773
additional assistance under this division, the school district	15774
electors shall extend the school district's existing levy	15775
dedicated for maintenance of classroom facilities under Chapter	15776
3318. of the Revised Code, pursuant to section 3318.061 of the	15777
Revised Code or shall provide equivalent alternative maintenance	15778
funds as specified in division (B) of section 3318.06 of the	15779
Revised Code.	15780

(3) Notwithstanding division (B)(1) of this section, any	15781
school district that has received assistance under sections	15782
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	15783
receive additional assistance if the commission decides in favor	15784
of providing such assistance pursuant to section 3318.042 of the	15785
Revised Code.	15786

Sec. 3318.042. (A) The board of education of any school	15787
district that is receiving assistance under sections 3318.01 to	15788
3318.20 of the Revised Code after May 20, 1997, and whose project	15789
is still under construction, may request that the Ohio school	15790
facilities commission examine whether the circumstances prescribed	15791
in either division (B)(1) or (2) of this section exist in the	15792
school district. If the commission so finds, the commission shall	15793
review the school district's original assessment and approved	15794
project under sections 3318.01 to 3318.20 of the Revised Code, and	15795
consider providing additional assistance to the school district to	15796
correct the prescribed conditions found to exist in the district.	15797
Additional assistance under this section shall be limited to	15798
additions to one or more buildings, remodeling of one or more	15799
buildings, or changes to the infrastructure of one or more	15800
buildings.	15801

(B) Consideration of additional assistance to a school	15802
district under this section is warranted in either of the	15803
following circumstances:	15804

(1) Additional work is needed to correct an oversight or	15805
deficiency not identified or included in the district's initial	15806
assessment.	15807

(2) Other conditions exist that, in the opinion of the	15808
comission, warrant additions or remodeling of the project	15809
facilities or changes to infrastructure associated with the	15810
district's project that were not identified in the initial	15811
assessment and plan.	15812

(C) If the commission decides in favor of providing	15813
additional assistance to any school district under this section,	15814
the school district shall be responsible for paying for its	15815
portion of the cost the additions, remodeling, or infrastucture	15816
changes pursuant to section 3318.083 of the Revised Code. If	15817
after making a financial evaluation of the school district, the	15818
commission determines that the school district is unable without	15819
undue hardship, according to the guidelines adopted by the	15820
commission, to fund the school district portion of the increase,	15821
then the state and the school district shall enter into an	15822
agreement whereby the state shall pay the portion of the cost	15823
increase attributable to the school district which is determined	15824
to be in excess of any local resources available to the district	15825
and the district shall thereafter reimburse the state. The	15826
commission shall establish the district?s schedule for reimbursing	15827
the state, which shall not extend beyond five years. Debt	15828
incurred under this section shall not be included in the	15829
calculation of the net indebtedness of the school district under	15830
section 133.06 of the Revised Code.	15831

Sec. 3318.05.  The conditional approval of the Ohio school	15832
facilities commission for a project shall lapse and the amount	15833
reserved and encumbered for such project shall be released unless	15834
the school district board accepts such conditional approval within	15835
one hundred twenty days following the date of certification of the	15836
conditional approval to the school district board and the electors	15837
of the school district vote favorably on both of the propositions	15838
proposition described in divisions (A) and (B) of this section	15839
within one year of the date of such certification, except that a	15840
school district described in division (C) of this section does not	15841
need to submit the proposition described in division (B) of this	15842
section. The propositions described in divisions (A) and (B) of	15843
this section shall be combined in a single proposal. If the	15844
district board or the district's electors fail to meet such	15845
requirements and the amount reserved and encumbered for the	15846
district's project is released, the district shall be given first	15847
priority for project funding as such funds become available.	15848

(A) On The proposition shall be on the question of issuing	15849
bonds of the school district board, for the school district's	15850
portion of the basic project cost, in an amount equal to the	15851
school district's portion of the basic project cost less any	15852
deduction made under section 3318.033 of the Revised Code; and	15853

(B) On the question of levying a tax the proceeds of which	15854
shall be used to pay the cost of maintaining the classroom	15855
facilities included in the project. Such tax shall be at the rate	15856
of not less than one-half mill for each dollar of valuation for a	15857
period of twenty-three years, subject to any extension approved	15858
under section 3318.061 of the Revised Code.	15859

(C) If a school district has in place a tax levied under	15860
section 5705.21 of the Revised Code for general ongoing permanent	15861
improvements of at least two mills for each dollar of valuation	15862
and the proceeds of such tax can be used for maintenance, the	15863
school district need not levy the additional tax required under	15864
division (B) of this section, provided the school district board	15865
includes in the agreement entered into under section 3318.08 of	15866
the Revised Code provisions earmarking an amount from the proceeds	15867
of that permanent improvement tax for maintenance of classroom	15868
facilities equivalent to the amount of the additional tax and for	15869
the equivalent number of years otherwise required under this	15870
section.	15871

(D) Proceeds of the tax to be used for maintenance of the	15872
classroom facilities under either division (B) or (C) of this	15873
section shall be deposited into a separate fund established by the	15874
school district for such purpose.	15875

Sec. 3318.051. The proceeds of any tax dedicated for the	15876
maintenance of the classroom facilities specifically acquired by a	15877
school district under any project under Chapter 3318. of the	15878
Revised Code approved by the electors of the school district prior	15879
to the effective date of this section as required under former	15880
section 3318.05 of the Revised Code as it existed prior to the	15881
effective date this section, or any existing taxes or other school	15882
district revenues earmarked for maintenance by the school district	15883
board under agreement with the school facilities commission as	15884
permitted under former section 3318.05 or under section 3318.052	15885
of the Revised Code, as those sections existed prior to the	15886
effective date of this section, shall not be required to be used	15887
for such purpose after the effective date of this section and may	15888
instead be used by the school district board to pay the cost of	15889
maintaining any classroom facilities owned or controlled by the	15890
school district board.	15891

Sec. 3318.052.  Notwithstanding any provision of divisions	15892
(A), (B), and (C) of section 3318.05 of the Revised Code to the	15893
contrary, by resolution adopted by a majority of all its members,	15894
a school district board may opt to apply the proceeds of tax	15895
levied under section 5705.21 of the Revised Code for general	15896
ongoing permanent improvements or the proceeds of school district	15897
income tax levied under Chapter 5748. of the Revised Code, or	15898
proceeds from a combination of those two taxes, if the proceeds of	15899
such levies may lawfully be used for general construction,	15900
renovation, or repair, or maintenance of classroom facilities, in	15901
lieu of all or part of the bonds and tax levies bond issue	15902
otherwise required under divisions (A), (B), and (C) of section	15903
3318.05 of the Revised Code, to leverage bonds adequate to pay all	15904
or part of the school district portion of a project under sections	15905
3318.01 to 3318.20 of the Revised Code or to generate an amount	15906
equivalent to all or part of the proceeds of the tax required	15907
under division (B) of section 3318.05 of the Revised Code to be	15908
used for maintenance of classroom facilities constructed,	15909
renovated, or repaired under such project. A school district	15910
undertaking a project under sections 3318.01 to 3318.20 of the	15911
Revised Code and opting to apply the proceeds of the tax levies	15912
pursuant to this section shall be subject to all other provisions	15913
of divisions (A), (B), and (C) of section 3318.05 of the Revised	15914
Code and the requirement for a separate maintenance fund under	15915
division (D) of section 3318.05 of the Revised Code. Bonds issued	15916
under this section shall be Chapter 133. securities, but the	15917
issuance of the bonds shall not be subject to a vote of the	15918
electors of the school district as long as the tax levies	15919
earmarked for payment of the service charges on the bonds may	15920
lawfully be used for that purpose.	15921

No state moneys shall be released for a project to which this	15922
section applies until the proceeds of any bonds issued under this	15923
section that are dedicated for the payment of the school district	15924
portion of a project are first deposited into the school	15925
district's project construction fund.	15926

Sec. 3318.06.  (A) After receipt of the conditional approval	15927
of the Ohio school facilities commission, the school district	15928
board by a majority of all of its members shall, if it desires to	15929
proceed with the project, declare all of the following by	15930
resolution:	15931

(A) That that by issuing bonds in an amount equal to the	15932
school district's portion of the basic project cost, including	15933
bonds previously authorized by the district's electors as	15934
described in section 3318.033 of the Revised Code, the district is	15935
unable to provide adequate classroom facilities without assistance	15936
from the state;	15937

(B) Unless the school district board has resolved to apply	15938
the proceeds of a property tax or the proceeds of an income tax,	15939
or a combination of proceeds from such taxes, as authorized under	15940
section 3318.052 of the Revised Code, that to qualify for such	15941
state assistance it is necessary to do either of the following:	15942

(1) Levy a tax outside the ten-mill limitation the proceeds	15943
of which shall be used to pay the cost of maintaining the	15944
classroom facilities included in the project;	15945

(2) Earmark for maintenance of classroom facilities from the	15946
proceeds of an existing permanent improvement tax levied under	15947
section 5705.21 of the Revised Code, if such tax is of at least	15948
two mills for each dollar of valuation and can be used for	15949
maintenance, an amount equivalent to the amount of the additional	15950
tax otherwise required under this section and sections 3318.05 and	15951
3318.08 of the Revised Code.	15952

(C) That the question of any tax levy specified in a	15953
resolution described in division (B)(1) of this section, if	15954
required, shall be submitted to the electors of the school	15955
district at the next general or primary election, if there be a	15956
general or primary election not less than seventy-five and not	15957
more than ninety-five days after the day of the adoption of such	15958
resolution or, if not, at a special election to be held at a time	15959
specified in the resolution which shall be not less than	15960
seventy-five days after the day of the adoption of the resolution	15961
and which shall be in accordance with the requirements of section	15962
3501.01 of the Revised Code.	15963

Such resolution shall also state that the question of issuing	15964
bonds of the board shall be combined in a single proposal with the	15965
question of such tax levy. More than one election under this	15966
section may be held in any one calendar year. Such resolution	15967
shall specify both of the following:	15968

(1) That the rate which it is necessary to levy shall be at	15969
the rate of not less than one-half mill for each one dollar of	15970
valuation, and that such tax shall be levied for a period of	15971
twenty-three years;	15972

(2) That the proceeds of the tax shall be used to pay the	15973
cost of maintaining the classroom facilities included in the	15974
project.	15975

A copy of such resolution shall after its passage and not	15976
less than seventy-five days prior to the date set therein for the	15977
election be certified to the county board of elections.	15978

The resolution of the school district board, in addition to	15979
meeting other applicable requirements of section 133.18 of the	15980
Revised Code, shall state that the amount of bonds to be issued	15981
will be an amount equal to the school district's portion of the	15982
basic project cost, and state the maximum maturity of the bonds	15983
which, notwithstanding section 133.20 of the Revised Code, may be	15984
any number of years not exceeding twenty-three as determined by	15985
the board. In estimating the amount of bonds to be issued, the	15986
board shall take into consideration the amount of moneys then in	15987
the bond retirement fund and the amount of moneys to be collected	15988
for and disbursed from the bond retirement fund during the	15989
remainder of the year in which the resolution of necessity is	15990
adopted.	15991

Notice of the election shall include the fact that the tax	15992
levy shall be at the rate of not less than one-half mill for each	15993
one dollar of valuation for a period of twenty-three years, and	15994
that the proceeds of the tax shall be used to pay the cost of	15995
maintaining the classroom facilities included in the project.	15996

The form of the ballot to be used at such election shall be:

15997

"A majority affirmative vote is necessary for passage.

15998

Shall bonds be issued by the ............ (here insert name	15999
of school district) school district to pay the local share of	16000
school construction under the State of Ohio Classroom Facilities	16001
Assistance Program in the principal amount of ............ (here	16002
insert principal amount of the bond issue), to be repaid annually	16003
over a maximum period of ............ (here insert the maximum	16004
number of years over which the principal of the bonds may be paid)	16005
years, and an annual levy of property taxes be made outside the	16006
ten-mill limitation, estimated by the county auditor to average	16007
over the repayment period of the bond issue ............ (here	16008
insert the number of mills estimated) mills for each one dollar of	16009
tax valuation, which amounts to ............ (rate expressed in	16010
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	16011
for each one hundred dollars of tax valuation to pay the annual	16012
debt charges on the bonds and to pay debt charges on any notes	16013
issued in anticipation of the bonds?"	16014

and, unless the additional levy

16015

of taxes is not required pursuant

16016

to division (C) of section

16017

3318.05 of the Revised Code,

16018

"Shall an additional levy of taxes be made for a period of	16019
twenty-three years to benefit the ............ (here insert name	16020
of school district) school district, the proceeds of which shall	16021
be used to pay the cost of maintaining the classroom facilities	16022
included in the project at the rate of .......... (here insert the	16023
number of mills, which shall not be less than one-half mill) mills	16024
for each one dollar of valuation?	16025

(D)(B) If it is necessary for the school district to acquire	16031
a site for the classroom facilities to be acquired pursuant to	16032
sections 3318.01 to 3318.20 of the Revised Code, the district	16033
board may propose either to issue bonds of the board or to levy a	16034
tax to pay for the acquisition of such site, and may combine the	16035
question of doing so with the questions question specified in	16036
division (C)(A) of this section. Bonds issued under this division	16037
for the purpose of acquiring a site are a general obligation of	16038
the school district and are Chapter 133. securities.	16039

The form of that portion of the ballot to include the	16040
question of either issuing bonds or levying a tax for site	16041
acquisition purposes shall be one of the following:	16042

(1) "Shall bonds be issued by the ............ (here insert	16043
name of the school district) school district to pay costs of	16044
acquiring a site for classroom facilities under the State of Ohio	16045
Classroom Facilities Assistance Program in the principal amount of	16046
.......... (here insert principal amount of the bond issue), to be	16047
repaid annually over a maximum period of .......... (here insert	16048
maximum number of years over which the principal of the bonds may	16049
be paid) years, and an annual levy of property taxes be made	16050
outside the ten-mill limitation, estimated by the county auditor	16051
to average over the repayment period of the bond issue ..........	16052
(here insert number of mills) mills for each one dollar of tax	16053
valuation, which amount to .......... (here insert rate expressed	16054
in cents or dollars and cents, such as "thirty-six cents" or	16055
"$0.36") for each one hundred dollars of valuation to pay the	16056
annual debt charges on the bonds and to pay debt charges on any	16057
notes issued in anticipation of the bonds?"	16058

(2) "Shall an additional levy of taxes outside the ten-mill	16059
limitation be made for the benefit of the .......... (here insert	16060
name of the school district) .......... school district for the	16061
purpose of acquiring a site for classroom facilities in the sum of	16062
......... (here insert annual amount the levy is to produce)	16063
estimated by the county auditor to average ........ (here insert	16064
number of mills) mills for each one hundred dollars of valuation,	16065
for a period of ......... (here insert number of years the millage	16066
is to be imposed) years?"	16067

Where it is necessary to combine the question of issuing	16068
bonds of the school district and levying a tax as described in	16069
division (C)(A) of this section with the question of issuing bonds	16070
of the school district for acquisition of a site, the question	16071
specified in division (C)(A) of this section to be voted on shall	16072
be "For the Bond Issues and the Tax Levy" and "Against the Bond	16073
Issues and the Tax Levy."	16074

Where it is necessary to combine the question of issuing	16075
bonds of the school district and levying a tax as described in	16076
division (C)(A) of this section with the question of levying a tax	16077
for the acquisition of a site, the question specified in division	16078
(C)(A) of this section to be voted on shall be "For the Bond Issue	16079
and the Tax Levies Levy" and "Against the Bond Issue and the Tax	16080
Levies Levy."	16081

If a majority of those voting upon a proposition hereunder	16082
which includes the question of issuing bonds vote in favor	16083
thereof, and if the agreement provided for by section 3318.08 of	16084
the Revised Code has been entered into, the school district board	16085
may proceed under Chapter 133. of the Revised Code, with the	16086
issuance of bonds or bond anticipation notes in accordance with	16087
the terms of the agreement.	16088

Sec. 3318.08.  If the requisite favorable vote on the	16089
election is obtained, or if the school district board has resolved	16090
to apply the proceeds of a property tax levy or the proceeds of an	16091
income tax, or a combination of proceeds from such taxes, as	16092
authorized in section 3318.052 of the Revised Code, the Ohio	16093
school facilities commission, upon certification to it of either	16094
the results of the election or the resolution under section	16095
3318.052 of the Revised Code, shall enter into a written agreement	16096
with the school district board for the construction and sale of	16097
the project, which agreement shall include, but need not be	16098
limited to, the following provisions:	16099

(A) The sale and issuance of bonds or notes in anticipation	16100
thereof, as soon as practicable after the execution of the	16101
agreement, in an amount equal to the school district's portion of	16102
the basic project cost, including any bonds previously authorized	16103
by the district's electors as described in section 3318.033 of the	16104
Revised Code; provided, that if at that time the county treasurer	16105
of each county in which the school district is located has not	16106
commenced the collection of taxes on the general duplicate of real	16107
and public utility property for the year in which the controlling	16108
board approved the project, the school district board shall	16109
authorize the issuance of a first installment of bond anticipation	16110
notes in an amount specified by the agreement, which amount shall	16111
not exceed an amount necessary to raise the net bonded	16112
indebtedness of the school district as of the date of the	16113
controlling board's approval to within five thousand dollars of	16114
the required level of indebtedness for the preceding year. In the	16115
event that a first installment of bond anticipation notes is	16116
issued, the school district board shall, as soon as practicable	16117
after the county treasurer of each county in which the school	16118
district is located has commenced the collection of taxes on the	16119
general duplicate of real and public utility property for the year	16120
in which the controlling board approved the project, authorize the	16121
issuance of a second and final installment of bond anticipation	16122
notes or a first and final issue of bonds.	16123

The combined value of the first and second installment of	16124
bond anticipation notes or the value of the first and final issue	16125
of bonds shall be equal to the school district's portion of the	16126
basic project cost. The proceeds of any such bonds shall be used	16127
first to retire any bond anticipation notes. Otherwise, the	16128
proceeds of such bonds and of any bond anticipation notes, except	16129
the premium and accrued interest thereon, shall be deposited in	16130
the school district's project construction fund. In determining	16131
the amount of net bonded indebtedness for the purpose of fixing	16132
the amount of an issue of either bonds or bond anticipation notes,	16133
gross indebtedness shall be reduced by moneys in the bond	16134
retirement fund only to the extent of the moneys therein on the	16135
first day of the year preceding the year in which the controlling	16136
board approved the project. Should there be a decrease in the tax	16137
valuation of the school district so that the amount of	16138
indebtedness that can be incurred on the tax duplicates for the	16139
year in which the controlling board approved the project is less	16140
than the amount of the first installment of bond anticipation	16141
notes, there shall be paid from the school district's project	16142
construction fund to the school district's bond retirement fund to	16143
be applied against such notes an amount sufficient to cause the	16144
net bonded indebtedness of the school district, as of the first	16145
day of the year following the year in which the controlling board	16146
approved the project, to be within five thousand dollars of the	16147
required level of indebtedness for the year in which the	16148
controlling board approved the project. The maximum amount of	16149
indebtedness to be incurred by any school district board as its	16150
share of the cost of the project is either an amount that will	16151
cause its net bonded indebtedness, as of the first day of the year	16152
following the year in which the controlling board approved the	16153
project, to be within five thousand dollars of the required level	16154
of indebtedness, or an amount equal to the required percentage of	16155
the basic project costs, whichever is greater. All bonds and bond	16156
anticipation notes shall be issued in accordance with Chapter 133.	16157
of the Revised Code, and notes may be renewed as provided in	16158
section 133.22 of the Revised Code.	16159

(B)(1) The transfer of such funds of the school district	16160
board available for the project, together with the proceeds of the	16161
sale of the bonds or notes, except premium, accrued interest, and	16162
interest included in the amount of the issue, to the school	16163
district's project construction fund;	16164

(2)(C) If section 3318.052 of the Revised Code applies, the	16165
earmarking of the proceeds of a tax levied under section 5705.21	16166
of the Revised Code for general ongoing permanent improvements or	16167
the proceeds of a school district income tax levied under Chapter	16168
5748. of the Revised Code, or the proceeds from a combination of	16169
those two taxes, in an amount to pay all or part of the service	16170
charges on bonds issued to pay the school district portion of the	16171
project and an amount equivalent to all or part of the tax	16172
required under division (B) of section 3318.05 of the Revised	16173
Code.	16174

(C) If section 3318.052 of the Revised Code does not apply,	16175
either of the following:	16176

(1) The levy of the tax authorized at the election for the	16177
payment of maintenance costs, as specified in division (B) of	16178
section 3318.05 of the Revised Code;	16179

(2) If the school district electors have approved a	16180
continuing tax of at least two mills for each dollar of valuation	16181
for general ongoing permanent improvements under section 5705.21	16182
of the Revised Code and that tax can be used for maintenance, the	16183
earmarking of an amount of the proceeds from such tax for	16184
maintenance of classroom facilities as specified in division (B)	16185
of section 3318.05 of the Revised Code.	16186

(D) Ownership of or interest in the project during the	16187
period of construction, which shall be divided between the	16188
commission and the school district board in proportion to their	16189
respective contributions to the school district's project	16190
construction fund;	16191

(E) Maintenance of the state's interest in the project until	16192
any obligations issued for the project under section 3318.26 of	16193
the Revised Code are no longer outstanding;	16194

(F) The insurance of the project by the school district from	16195
the time there is an insurable interest therein and so long as the	16196
state retains any ownership or interest in the project pursuant to	16197
division (D) of this section, in such amounts and against such	16198
risks as the commission shall require; provided, that the cost of	16199
any required insurance until the project is completed shall be a	16200
part of the basic project cost;	16201

(G) The certification by the director of budget and	16202
management that funds are available and have been set aside to	16203
meet the state's share of the basic project cost as approved by	16204
the controlling board pursuant to section 3318.04 of the Revised	16205
Code;	16206

(H) Authorization of the school district board to advertise	16207
for and receive construction bids for the project, for and on	16208
behalf of the commission, and to award contracts in the name of	16209
the state subject to approval by the commission;	16210

(I) Provisions for the disbursement of moneys from the	16211
school district's project account upon issuance by the commission	16212
or the commission's designated representative of vouchers for work	16213
done to be certified to the commission by the treasurer of the	16214
school district board;	16215

(J) Disposal of any balance left in the school district's	16216
project construction fund upon completion of the project;	16217

(K) Limitations upon use of the project or any part of it so	16218
long as any obligations issued to finance the project under	16219
section 3318.26 of the Revised Code are outstanding;	16220

(L) Provision for vesting the state's interest in the	16221
project to the school district board when the obligations issued	16222
to finance the project under section 3318.26 of the Revised Code	16223
are outstanding;	16224

(M) Provision for deposit of an executed copy of the	16225
agreement in the office of the commission;	16226

(N) Provision for termination of the contract and release of	16227
the funds encumbered at the time of the conditional approval, if	16228
the proceeds of the sale of the bonds of the school district board	16229
are not paid into the school district's project construction fund	16230
and if bids for the construction of the project have not been	16231
taken within such period after the execution of the agreement as	16232
may be fixed by the commission;	16233

(O) Provision for the school district to maintain the	16234
project in accordance with a plan approved by the commission;	16235

(P) Provision that all state funds reserved and encumbered	16236
to pay the state share of the cost of the project pursuant to	16237
section 3318.03 of the Revised Code be spent on the construction	16238
or acquisition of the project prior to the expenditure of any	16239
funds provided by the school district to pay for its share of the	16240
project cost, unless the school district certifies to the	16241
commission that expenditure by the school district is necessary to	16242
maintain the tax-exempt status of notes or bonds issued by the	16243
school district to pay for its share of the project cost in which	16244
case, the school district may commit to spend, or spend, a portion	16245
of the funds it provides;	16246

(Q) A provision stipulating that the commission may prohibit	16247
the district from proceeding with any project if the commission	16248
determines that the site is not suitable for construction	16249
purposes. The commission may perform soil tests in its	16250
determination of whether a site is appropriate for construction	16251
purposes.	16252

Sec. 3318.12.  The Ohio school facilities commission shall	16253
cause to be transferred to the school district's project	16254
construction fund the necessary amounts from amounts appropriated	16255
by the general assembly and set aside for such purpose, from time	16256
to time as may be necessary to pay obligations chargeable to such	16257
fund when due. All investment earnings of a school district's	16258
project construction fund shall be credited to the fund.	16259

The treasurer of the school district board shall disburse	16260
funds from the school district's project construction fund,	16261
including investment earnings credited to the fund, only upon the	16262
approval of the commission or the commission's designated	16263
representative. The commission or the commission's designated	16264
representative shall issue vouchers against such fund, in such	16265
amounts, and at such times as required by the contracts for	16266
construction of the project.	16267

After the project has been completed:

16268

(A) Any investment earnings remaining in the project	16269
construction fund that are attributable to the school district's	16270
contribution to the fund shall be transferred to the district's	16271
capital and maintenance fund required by division (B) of section	16272
3318.05 3315.18 of the Revised Code, and the money shall be used	16273
solely for maintaining the classroom facilities included in the	16274
project any purpose permitted under that section.	16275

(B) Any investment earnings remaining in the project	16276
construction fund that are attributable to the state's	16277
contribution to the fund shall be transferred to the commission	16278
for expenditure pursuant to sections 3318.01 to 3318.20 of the	16279
Revised Code.	16280

(C) Any other surplus remaining in the school district's	16281
project construction fund after the project has been completed	16282
shall be transferred to the commission and the school district	16283
board in proportion to their respective contributions to the fund.	16284
The commission shall use the money transferred to it under this	16285
division for expenditure pursuant to sections 3318.01 to 3318.20	16286
of the Revised Code.	16287

Sec. 3318.31.  (A) The Ohio school facilities commission may	16288
perform any act and ensure the performance of any function	16289
necessary or appropriate to carry out the purposes of, and	16290
exercise the powers granted under, Chapter 3318. of the Revised	16291
Code, including any of the following:	16292

(1) Employ and fix the compensation of such employees as will	16293
facilitate the activities and purposes of the commission, and who	16294
shall serve at the pleasure of the commission.	16295

(2) Adopt, amend, and rescind, pursuant to section 111.15 of	16296
the Revised Code, rules for the administration of programs	16297
authorized under Chapter 3318. of the Revised Code.	16298

(3)(2) Contract with, retain the services of, or designate,	16299
and fix the compensation of, such agents, accountants,	16300
consultants, advisers, and other independent contractors as may be	16301
necessary or desirable to carry out the programs authorized under	16302
Chapter 3318. of the Revised Code.	16303

(4)(3) Receive and accept any gifts, grants, donations, and	16304
pledges, and receipts therefrom, to be used for the programs	16305
authorized under Chapter 3318. of the Revised Code.	16306

(5)(4) Make and enter into all contracts, commitments, and	16307
agreements, and execute all instruments, necessary or incidental	16308
to the performance of its duties and the execution of its rights	16309
and powers under Chapter 3318. of the Revised Code.	16310

(B) The commission shall appoint and fix the compensation of	16311
an executive director who shall serve at the pleasure of the	16312
commission. The executive director shall supervise the operations	16313
of the commission. The executive director also shall employ and	16314
fix the compensation of such employees as will facilitate the	16315
activities and purposes of the commission, who shall serve at the	16316
pleasure of the executive director.	16317

(C) The attorney general shall serve as the legal	16318
representative for the commission and may appoint other counsel as	16319
necessary for that purpose in accordance with section 109.07 of	16320
the Revised Code.	16321

Sec. 3318.36.  (A) As used in this section:	16322

(1) "Ohio school facilities commission," "classroom	16323
facilities," "school district," "school district board," "net	16324
bonded indebtedness," "required percentage of the basic project	16325
costs," "basic project cost," "valuation," and "percentile" have	16326
the same meanings as in section 3318.01 of the Revised Code.	16327

(2) "Required level of indebtedness" means five per cent of	16328
the school district's valuation for the year preceding the year in	16329
which the commission and school district enter into an agreement	16330
under division (B) of this section, plus [two one-hundredths of	16331
one per cent multiplied by (the percentile in which the district	16332
ranks in the fiscal year the commission and the school district	16333
enter into such agreement minus one)].	16334

(3) "Local resources" means any moneys generated in any	16335
manner permitted for a school district board to raise the school	16336
district portion of a project undertaken with assistance under	16337
sections 3318.01 to 3318.20 of the Revised Code.	16338

(B)(1) There is hereby established the school building	16339
assistance expedited local partnership program. Under the	16340
program, the Ohio school facilities commission may enter into an	16341
agreement with the school district board of any school district	16342
under which the school district board may proceed with the new	16343
construction or major repairs of a part of the school district's	16344
classroom facilities needs, as determined under sections 3318.01	16345
to 3318.20 of the Revised Code, through the expenditure of local	16346
resources prior to the school district's eligibility for state	16347
assistance under sections 3318.01 to 3318.20 of the Revised Code	16348
and may apply that expenditure toward meeting the school	16349
district's portion of the basic project cost of the total of the	16350
school district's classroom facilities needs, as determined under	16351
sections 3318.01 to 3318.20 of the Revised Code and as	16352
recalculated under division (E) of this section, that are eligible	16353
for state assistance under sections 3318.01 to 3318.20 of the	16354
Revised Code when the school district becomes eligible for such	16355
state assistance. Any school district that is reasonably expected	16356
to receive assistance under sections 3318.01 to 3318.20 of the	16357
Revised Code within two fiscal years from the date the school	16358
district adopts its resolution under division (B) of this section	16359
shall not be eligible to participate in the program.	16360

(2) To participate in the program, a school district board	16361
shall first adopt a resolution certifying to the commission the	16362
board's intent to participate in the program.	16363

The resolution shall specify the approximate date that the	16364
board intends to seek elector approval of any bond or tax measures	16365
or to apply other local resources to use to pay the cost of	16366
classroom facilities to be constructed under this section. The	16367
resolution shall not specify an election sooner than twelve months	16368
after the date the resolution is adopted by the board. The board	16369
shall submit its resolution to the commission not later than ten	16370
days after the date the resolution is adopted by the board.	16371

The commission shall not consider any resolution that is	16372
submitted pursuant to division (B)(2) of this section, as amended	16373
by this amendment, sooner than the effective date of this	16374
amendment September 14, 2000.	16375

(3) Any project under this section shall comply with section	16376
3318.03 of the Revised Code and with any specifications for plans	16377
and materials for classroom facilities adopted by the commission	16378
under section 3318.04 of the Revised Code.	16379

(C) Based on the results of the on-site visits and	16380
assessment conducted under division (B)(2) of this section, the	16381
commission shall determine the basic project cost of the school	16382
district's classroom facilities needs. The commission shall	16383
determine the school district's portion of such basic project	16384
cost, which shall be the greater of:	16385

(1) The required percentage of the basic project costs,	16386
determined based on the school district's percentile ranking in	16387
the fiscal year the commission and the school district enter into	16388
the agreement under division (B) of this section;	16389

(2) An amount necessary to raise the school district's net	16390
bonded indebtedness, as of the fiscal year the commission and the	16391
school district enter into the agreement under division (B) of	16392
this section, to within five thousand dollars of the required	16393
level of indebtedness.	16394

(D)(1) When the commission determines the basic project cost	16395
of the classroom facilities needs of a school district and the	16396
school district's portion of that basic project cost under	16397
division (C) of this section, the project shall be conditionally	16398
approved. Such conditional approval shall be submitted to the	16399
controlling board for approval thereof. The controlling board	16400
shall forthwith approve or reject the commission's determination,	16401
conditional approval, and the amount of the state's portion of the	16402
basic project cost; however, no state funds shall be encumbered	16403
under this section. Upon approval by the controlling board, the	16404
school district board may identify a discrete part of its	16405
classroom facilities needs, which shall include only new	16406
construction of or additions or major repairs to a particular	16407
building, to address with local resources. Upon identifying a	16408
part of the school district's basic project cost to address with	16409
local resources, the school district board may allocate any	16410
available school district moneys to pay the cost of that	16411
identified part, including the proceeds of an issuance of bonds if	16412
approved by the electors of the school district.	16413

All local resources utilized under this division shall first	16414
be deposited in the project construction account required under	16415
section 3318.08 of the Revised Code.	16416

(2) Unless the school district board exercises its option	16417
under division (D)(3) of this section, for a school district to	16418
qualify for participation in the program authorized under this	16419
section, either:	16420

(a) The electors of the school district by a majority vote	16421
shall approve the levy of taxes outside the ten-mill limitation	16422
for a period of twenty-three years at the rate of not less than	16423
one-half mill for each dollar of valuation to be used to pay the	16424
cost of maintaining the classroom facilities included in the basic	16425
project cost as determined by the commission. The form of the	16426
ballot to be used to submit the question whether to approve the	16427
tax required under this division to the electors of the school	16428
district shall be the form for an additional levy of taxes	16429
prescribed in section 3318.361 of the Revised Code.	16430

(b) As authorized under division (C) of section 3318.05 of	16431
the Revised Code, the school district board shall earmark from the	16432
proceeds of a permanent improvement tax levied under section	16433
5705.21 of the Revised Code, an amount equivalent to the	16434
additional tax otherwise required under division (D)(2)(a) of this	16435
section for the maintenance of the classroom facilities included	16436
in the basic project cost as determined by the commission.	16437

(3) A school district board may opt to delay levying the	16438
additional tax required under division (D)(2)(a) of this section	16439
or earmarking of the proceeds of a permanent improvement tax	16440
alternatively required under division (D)(2)(b) of this section	16441
until such time as the school district becomes eligible for state	16442
assistance under sections 3318.01 to 3318.20 of the Revised Code.	16443
In order to exercise its option under this division, the board	16444
shall certify to the commission a resolution indicating the	16445
board's intent to do so prior to entering into an agreement under	16446
division (B) of this section.	16447

(4) If pursuant to division (D)(3) of this section a	16448
district board opts to delay levying an additional tax until the	16449
district becomes eligible for state assistance, it shall submit	16450
the question of levying that tax to the district electors as	16451
follows:	16452

(a) In accordance with section 3318.06 of the Revised Code	16453
if it will also be necessary pursuant to division (E) of this	16454
section to submit a proposal for approval of a bond issue;	16455

(b) In accordance with section 3318.361 of the Revised Code	16456
if it is not necessary to also submit a proposal for approval of a	16457
bond issue pursuant to division (E) of this section.	16458

(5) No state assistance under sections 3318.01 to 3318.20 of	16459
the Revised Code shall be released until a school district board	16460
that adopts and certifies a resolution under this division either	16461
has levied the additional tax or has earmarked the proceeds of a	16462
tax as specified in division (D) of this section.	16463

Any amount required for maintenance under division (D)(2) of	16464
this section shall be deposited into a separate fund as specified	16465
in division (B) of section 3318.05 of the Revised Code.	16466

(E)(1) If the school district becomes eligible for state	16467
assistance under sections 3318.01 to 3318.20 of the Revised Code	16468
based on its percentile ranking as determined under division (B)	16469
of this section, the commission shall conduct a new assessment of	16470
the school district's classroom facilities needs and shall	16471
recalculate the basic project cost based on this new assessment.	16472
The basic project cost recalculated under this division shall	16473
include the amount of expenditures made by the school district	16474
board under division (D)(1) of this section. The commission shall	16475
then recalculate the school district's portion of the new basic	16476
project cost, which shall be the percentage of the original basic	16477
project cost assigned to the school district as its portion under	16478
division (C) of this section. The commission shall deduct the	16479
expenditure of school district moneys made under division (D)(1)	16480
of this section from the school district's portion of the basic	16481
project cost as recalculated under this division. If the amount	16482
of school district resources applied by the school district board	16483
to the school district's portion of the basic project cost under	16484
this section is less than the total amount of such portion as	16485
recalculated under this division, the school district board by a	16486
majority vote of all of its members shall, if it desires to seek	16487
state assistance under sections 3318.01 to 3318.20 of the Revised	16488
Code, adopt a resolution as specified in section 3318.06 of the	16489
Revised Code to submit to the electors of the school district the	16490
question of approval of a bond issue in order to pay any	16491
additional amount of school district portion required for state	16492
assistance. Any tax levy approved under division (D) of this	16493
section satisfies the requirements to levy the additional tax	16494
under section 3318.06 of the Revised Code.	16495

(2) If the amount of school district resources applied by	16496
the school district board to the school district's portion of the	16497
basic project cost under this section is more than the total	16498
amount of such portion as recalculated under this division, within	16499
one year after the school district's portion is recalculated under	16500
division (E)(1) of this section the commission may grant to the	16501
school district the difference between the two calculated	16502
portions, but at no time shall the commission expend any state	16503
funds on a project in an amount greater than the state's portion	16504
of the basic project cost as recalculated under this division.	16505

Any reimbursement under this division shall be only for local	16506
resources the school district has applied toward construction cost	16507
expenditures for the classroom facilities approved by the	16508
commission, which shall not include any financing costs associated	16509
with that construction.	16510

The school district board shall use any moneys reimbursed to	16511
the district under this division to pay off any debt service the	16512
district owes for classroom facilities constructed under its	16513
project under this section before such moneys are applied to any	16514
other purpose.	16515

Sec. 3318.362.  This section applies only to a school	16516
district that participates in the school building assistance	16517
expedited local partnership program under section 3318.36 of the	16518
Revised Code.	16519

Notwithstanding the twenty-three year maximum maturity for	16520
bonds proposed to be issued by a school district board for a	16521
classroom facilities project pursuant to division (C)(A) of	16522
section 3318.06 of the Revised Code, a school district board that	16523
enters into an agreement with the Ohio school facilities	16524
commission under division (B) of section 3318.36 of the Revised	16525
Code may propose for issuance any bonds necessary for its	16526
participation in the program under section 3318.36 of the Revised	16527
Code for a term longer than twenty-three years but not to exceed	16528
the term calculated pursuant to section 133.20 of the Revised	16529
Code. Any moneys received from the state under division (E)(2) of	16530
section 3318.36 of the Revised Code shall be applied, as agreed in	16531
writing by the school district board and the commission, to pay	16532
debt service on outstanding bonds or bond anticipation notes	16533
issued by the school district board for its participation in the	16534
expedited local partnership program, including by placing those	16535
moneys in an applicable escrow fund under division (D) of section	16536
133.34 of the Revised Code.	16537

Sec. 3318.363. (A) This section applies only to a school	16538
district participating in the school building assistance expedited	16539
local partnership program under section 3318.36 of the Revised	16540
Code.	16541

(B) If there is a decrease in the tax valuation of a	16542
school district to which this section applies by ten per cent or	16543
greater from one tax year to the next due to a decrease in the	16544
assessment rate of the taxable property of an electric company	16545
that owns property in the district, as provided for in section	16546
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the	16547
123rd General Assembly, the Ohio school facilities commission	16548
shall calculate or recalculate the state and school district	16549
portions of the basic project cost of the school district's	16550
project by determining the percentile rank in which the district	16551
would be located if such ranking were made using the current year	16552
adjusted valuation per pupil, as calculated and reported to the	16553
commission by the department of education under division (A) of	16554
section 3318.011 of the Revised Code, rather than the three-year	16555
average adjusted valuation per pupil, calculated under division	16556
(B) of that section. For such district, the required percentage	16557
of the basic project cost used to determine the state and school	16558
district shares of that cost under division (C) of section 3318.36	16559
of the Revised Code shall be based on the percentile rank as	16560
calculated under this section rather than as otherwise provided in	16561
division (C)(1) of section 3318.36 of the Revised Code. If the	16562
commission has determined the state and school district portion of	16563
the basic project cost of such a district's project under section	16564
3318.36 of the Revised Code prior to that decrease in tax	16565
valuation, the commission shall adjust the state and school	16566
district shares of the basic project cost of such project in	16567
accordance with this section.	16568

Sec. 3318.37.  (A) As used in this section:

16569

(1) "Low wealth school district" means a school district in	16570
the first through fiftieth percentiles as determined under section	16571
3318.011 of the Revised Code.	16572

(2) A "school district with an exceptional need for	16573
immediate classroom facilities assistance" means a low wealth	16574
school district with an exceptional need for new facilities in	16575
order to protect the health and safety of all or a portion of its	16576
students. School districts reasonably expected to be eligible for	16577
state assistance under sections 3318.01 to 3318.20 of the Revised	16578
Code within three fiscal years after assistance under this section	16579
is being considered by the Ohio school facilities commission, and	16580
school districts that participate in the school building	16581
assistance expedited local partnership program under section	16582
3318.36 of the Revised Code shall not be eligible for assistance	16583
under this section.	16584

(B)(1) There is hereby established the exceptional needs	16585
school facilities assistance program. Under the program, the Ohio	16586
school facilities commission may set aside from the moneys	16587
annually appropriated to it for classroom facilities assistance	16588
projects up to twenty-five per cent for assistance to school	16589
districts with exceptional needs for immediate classroom	16590
facilities assistance.	16591

(2)(a) After consulting with education and construction	16592
experts, the commission shall adopt guidelines for identifying	16593
school districts with an exceptional need for immediate classroom	16594
facilities assistance.	16595

(b) The guidelines shall include application forms and	16596
instructions for school districts that believe they have an	16597
exceptional need for immediate classroom facilities assistance.	16598

(3) The commission shall evaluate the classroom facilities,	16599
and the need for replacement classroom facilities from the	16600
applications received under this section. The commission,	16601
utilizing the guidelines adopted under division (B)(2)(a) of this	16602
section, shall prioritize the school districts to be assessed.	16603

Notwithstanding section 3318.02 of the Revised Code, the	16604
commission may conduct on-site evaluation of the school districts	16605
prioritized under this section and approve and award funds until	16606
such time as all funds set aside under division (B)(1) of this	16607
section have been encumbered under section 3318.04 of the Revised	16608
Code.	16609

(4) Notwithstanding division (A) of section 3318.05 of the	16610
Revised Code, the school district's portion of the basic project	16611
cost under this section shall be the "required percentage of the	16612
basic project costs," as defined in division (K) of section	16613
3318.01 of the Revised Code.	16614

(5) Except as otherwise specified in this section, any	16615
project undertaken with assistance under this section shall comply	16616
with all provisions of sections 3318.01 to 3318.20 of the Revised	16617
Code. A school district may receive assistance under sections	16618
3318.01 to 3318.20 of the Revised Code for the remainder of the	16619
district's classroom facilities needs as assessed under this	16620
section when the district is eligible for such assistance pursuant	16621
to section 3318.02 of the Revised Code, but any classroom facility	16622
constructed with assistance under this section shall not be	16623
included in a district's project at that time unless the	16624
commission determines the district has experienced the increased	16625
enrollment specified in division (B)(1) of section 3318.04 of the	16626
Revised Code.	16627

Sec. 3318.38.  (A) As used in this section, "big-eight	16628
school district" has the same meaning as in section 3314.02 of the	16629
Revised Code.	16630

(B) There is hereby established the accelerated urban school	16631
building assistance program. Under the program, notwithstanding	16632
section 3318.02 of the Revised Code, any big-eight school district	16633
that has not been approved to receive assistance under sections	16634
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	16635
beginning on that date apply for approval of and be approved for	16636
such assistance. Except as otherwise provided in this section,	16637
any project approved and undertaken pursuant to this section shall	16638
comply with all provisions of sections 3318.01 to 3318.20 of the	16639
Revised Code.	16640

The Ohio school facilities commission shall provide	16641
assistance to any big-eight school district eligible for	16642
assistance under this section in the following manner:	16643

(1) Notwithstanding section 3318.02 of the Revised Code:

16644

(a) Not later than June 30, 2002, the commission shall	16645
conduct an on-site visit and shall assess the classroom facilities	16646
needs of each big-eight school district eligible for assistance	16647
under this section;	16648

(b) Beginning July 1, 2002, any big-eight school district	16649
eligible for assistance under this section may apply to the	16650
commission for conditional approval of its project as determined	16651
by the assessment conducted under division (B)(1)(a) of this	16652
section. The commission may conditionally approve that project	16653
and submit it to the controlling board for approval pursuant to	16654
section 3318.04 of the Revised Code.	16655

(2) If the controlling board approves the project of a	16656
big-eight school district eligible for assistance under this	16657
section, the commission and the school district shall enter into	16658
an agreement as prescribed in section 3318.08 of the Revised Code.	16659
Any agreement executed pursuant to this division shall include any	16660
applicable segmentation provisions as approved by the commission	16661
under division (B)(3) of this section.	16662

(3) Notwithstanding any provision to the contrary in	16663
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	16664
big-eight school district eligible for assistance under this	16665
section may with the approval of the commission opt to divide the	16666
project as approved under division (B)(1)(b) of this section into	16667
discrete segments to be completed sequentially. Any project	16668
divided into segments shall comply with all other provisions of	16669
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	16670
as otherwise specified in this division.	16671

If a project is divided into segments under this division:

16672

(a) The school district need raise only the amount equal to	16673
its proportionate share, as determined under section 3318.032 of	16674
the Revised Code, of each segment at any one time and may seek	16675
voter approval of each segment separately;	16676

(b) The state's proportionate share, as determined under	16677
section 3318.032 of the Revised Code, of only the segment which	16678
has been approved by the school district electors or for which the	16679
district has applied a local donated contribution under section	16680
3318.084 of the Revised Code shall be encumbered at any one time.	16681
Encumbrance of additional amounts to cover the state's	16682
proportionate share of later segments shall be approved separately	16683
as they are approved by the school district electors or as the	16684
district applies a local donated contribution to the segments	16685
under section 3318.084 of the Revised Code. If the state's share	16686
of any one segment exceeds twenty-five million dollars,	16687
encumbrance of that share is subject to the provisions of section	16688
3318.11 of the Revised Code.	16689

(c) If it is necessary to levy the additional tax for	16690
maintenance under division (B) of section 3318.05 of the Revised	16691
Code with respect to any segment of the project, the district may	16692
utilize the provisions of section 3318.061 of the Revised Code to	16693
ensure that the maintenance tax extends for twenty-three years	16694
after the last segment of the project is undertaken.	16695

Sec. 3318.50. (A) As used in this section and in section	16696
3318.52 of the Revised Code:	16697

(1) "Start-up community school" means a "new start-up	16698
school" as that term is defined in division (A) of section 3314.02	16699
of the Revised Code.	16700

(2) "Classroom facilities" has the same meaning as in	16701
section 3318.01 of the Revised Code.	16702

(B) There is hereby established the community school	16703
classroom facilities loan guarantee program. Under the program,	16704
the Ohio school facilities commission may guarantee for up to	16705
fifteen years any loan made to the governing authority of a	16706
start-up community school established under Chapter 3314. of the	16707
Revised Code for the sole purpose of assisting the governing board	16708
in acquiring classroom facilities for the community school by	16709
lease, purchase, remodeling of existing facilities, or any other	16710
means except by new construction.	16711

The commission shall not make any loan guarantee under this	16712
section unless the commission has determined that the classroom	16713
facilities meet specifications established by the commission under	16714
section 3318.51 of the Revised Code.	16715

(C) Any payment made to a lending institution as a result	16716
of default on a loan guaranteed under this section shall be made	16717
from moneys in the community school classroom facilities loan	16718
guarantee fund established under section 3318.52 of the Revised	16719
Code.	16720

(D) The commission may assess a fee of up to five hundred	16721
dollars for each loan guaranteed under this section.	16722

Sec. 3318.51. Not later than nine months after the effective	16723
date of this section, the Ohio school facilities commission in	16724
consultation with the office of community school options	16725
established under section 3314.11 of the Revised Code shall	16726
develop specifications for classroom facilities for start-up	16727
community schools established under Chapter 3314. of the Revised	16728
Code.	16729

Sec. 3318.52.  There is hereby established the community	16730
school classroom facilities loan guarantee fund. The fund shall	16731
consist of such moneys as the general assembly appropriates for	16732
the purpose of guaranteeing loans to community schools under	16733
section 3318.50 of the Revised Code. Investment earnings on	16734
moneys in the fund shall be credited to the fund.	16735

Sec. 3319.19.  (A) Upon Except as provided in division (D) of	16736
this section or division (A)(2) of section 3313.37 of the Revised	16737
Code, upon request, the board of county commissioners shall	16738
provide and equip offices in the county for the use of the	16739
superintendent of an educational service center, and shall provide	16740
heat, light, water, and janitorial services for such offices. Such	16741
offices shall be the permanent headquarters of the superintendent	16742
and shall be used by the governing board of the service center	16743
when it is in session. Except as provided in division (B) of this	16744
section, such offices shall be located in the county seat or, upon	16745
the approval of the governing board, may be located outside of the	16746
county seat.	16747

(B) In the case of a service center formed under section	16748
3311.053 of the Revised Code, the governing board shall designate	16749
the site of its offices. The Except as provided in division (D) of	16750
this section or division (A)(2) of section 3313.37 of the Revised	16751
Code, the board of county commissioners of the county in which the	16752
designated site is located shall provide and equip the offices as	16753
under division (A) of this section, but the costs of such offices	16754
and equipment not covered by funds received under section 307.031	16755
of the Revised Code shall be apportioned among the boards of	16756
county commissioners of all counties having any territory in the	16757
area under the control of the governing board, according to the	16758
proportion of local school district pupils under the supervision	16759
of such board residing in the respective counties. Where there is	16760
a dispute as to the amount any board of county commissioners is	16761
required to pay, the probate judge of the county in which the	16762
greatest number of pupils under the supervision of the governing	16763
board reside shall apportion such costs among the boards of county	16764
commissioners and notify each such board of its share of the	16765
costs.	16766

(C) By the first day of March of each year, the	16767
superintendent of public instruction shall certify to the tax	16768
commissioner the ADM and the number of full-time licensed	16769
employees of each educational service center for the purposes of	16770
the distribution of funds to boards of county commissioners	16771
required under division (B) of section 307.031 of the Revised	16772
Code. As used in this section, "ADM" means the formula ADMs of	16773
all the local districts having territory in the service center, as	16774
certified in October of the previous year by the service center	16775
superintendent to the state board of education under section	16776
3317.03 of the Revised Code. As used in this division, "licensed	16777
employee" has the same meaning as in section 307.031 of the	16778
Revised Code.	16779

(D) The superintendent of a service center may annually	16780
submit a proposal approved by the board of county commissioners to	16781
the state superintendent of public instruction, in such manner and	16782
by such date as specified by the state board of education, for a	16783
grant for the board of county commissioners to do one of the	16784
following:	16785

(1) To improve or enhance the offices and equipment provided	16786
under division (A) or (B) of this section or section 3301.0712 of	16787
the Revised Code;	16788

(2) If funds received under division (B) of section 307.031	16789
of the Revised Code are insufficient to provide for the actual	16790
cost of meeting the requirements of division (A) or (B) of section	16791
3319.19 and division (A)(2) of section 3301.0712 of the Revised	16792
Code, to provide funds to meet such costs.	16793

Any service center superintendent intending to submit a	16794
proposal shall submit it to the board of county commissioners that	16795
provides and equips the office of the superintendent for approval	16796
at least twenty days before the date of submission to the	16797
superintendent of public instruction. The superintendent of	16798
public instruction shall evaluate the proposals and select those	16799
that will most benefit the local districts supervised by the	16800
governing boards under standards adopted by the state board. For	16801
each proposal selected for a grant, the superintendent of public	16802
instruction shall determine the grant amount and, with the	16803
approval of the superintendent and the board of county	16804
commissioners, may modify a grant proposal to reflect the amount	16805
of money available for the grant. The superintendent of public	16806
instruction shall notify the board of county commissioners and the	16807
tax commissioner of the selection of the proposal as submitted or	16808
modified and the amount of the grant. If, pursuant to division	16809
(C) of section 307.031 of the Revised Code, the board of county	16810
commissioners accepts the proposal and grant, it shall expend the	16811
funds as specified in the grant proposal. If the board of county	16812
commissioners rejects the proposal and grant, the superintendent	16813
of public instruction may select another proposal from among the	16814
district proposals that initially failed to be selected for a	16815
grant.	16816

The state board of education shall adopt rules to implement	16817
the requirements of this section Not later than the thirty-first	16818
day of March of 2002, 2003, 2004, and 2005 a board of county	16819
commissioners required to provide or equip offices pursuant to	16820
division (A) or (B) of this section shall make a written estimate	16821
of the total cost it will incur for the ensuing fiscal year to	16822
provide and equip the offices and to provide heat, light, water,	16823
and janitorial services for such offices. The total estimate of	16824
cost shall include:	16825

(1) The total square feet of space to be utilized by the	16826
educational service center;	16827

(2) The total square feet of any common areas that should	16828
be reasonably allocated to the center and the methodology for	16829
making this allocation;	16830

(3) The actual cost per square foot for both the space	16831
utilized by and the common area allocated to the center;	16832

(4) An explanation of the methodology used to determine the	16833
per square foot cost;	16834

(5) The estimated cost of providing heat, light, and	16835
water, including an explanation of how these costs were	16836
determined;	16837

(6) The estimated cost of providing janitorial services	16838
including an explanation of the methodology used to determine this	16839
cost;	16840

(7) Any other estimated costs that the board anticipates it	16841
will occur and a detailed explanation of the costs and the	16842
rationale used to determine such costs.	16843

A copy of the total estimate of costs under this division	16844
shall be sent to the superintendent of the educational service	16845
center not later than the fifth day of April. The superintendent	16846
shall review the total estimate and shall notify the board of	16847
county commissioners not later than twenty days after receipt of	16848
the estimate of either agreement with the estimate or any specific	16849
objections to the estimates and the reasons for the objections. If	16850
the superintendent agrees with the estimate, it shall become the	16851
final total estimate of cost. Failure of the superintendent to	16852
make objections to the estimate by the twentieth day after receipt	16853
of it shall be deemed to mean that the superintendent is in	16854
agreement with the estimate.	16855

If the superintendent provides specific objections to the	16856
board of county commissioners, the board shall review the	16857
objections and may modify the original estimate and shall send a	16858
revised total estimate to the superintendent within ten days after	16859
the receipt of the superintendent's objections. The	16860
superintendent shall respond to the revised estimate within ten	16861
days after its receipt. If the superintendent agrees with it, it	16862
shall become the final total estimated cost. If the	16863
superintendent fails to respond within the required time, the	16864
superintendent shall be deemed to have agreed with the revised	16865
estimate. If the superintendent disagrees with the revised	16866
estimate, the superintendent shall send specific objections to the	16867
county commissioners.	16868

If a superintendent has sent specific objections to the	16869
revised estimate within the required time, the probate judge of	16870
the county which has the greatest number of resident local school	16871
district pupils under the supervision of the educational service	16872
center shall determine the final estimated cost and certify this	16873
amount to the superintendent and the board of county commissioners	16874
prior to the first day of July.	16875

(D)(1) A board of county commissioners shall be responsible	16876
for the following percentages of the final total estimated cost	16877
established by division (C) of this section:	16878

(a) Eighty per cent for fiscal year 2003;

16879

(b) Sixty per cent for fiscal year 2004;

16880

(c) Forty per cent for fiscal year 2005;

16881

(d) Twenty per cent for fiscal year 2006.

16882

In fiscal years 2003, 2004, 2005, and 2006 the educational	16883
service center shall be responsible for the remainder of any costs	16884
in excess of the amounts specified in division (D)(1)(a),(b), or	16885
(c) of this section, as applicable, associated with the provision	16886
and equipment of offices for the educational service center and	16887
for provision of heat, light, water, and janitorial services for	16888
such offices, including any unanticipated or unexpected increases	16889
in the costs beyond the final estimated cost amount.	16890

Beginning in fiscal year 2007, no board of county	16891
commissioners shall have any obligation to provide and equip	16892
offices for an educational service center or to provide heat,	16893
light, water, or janitorial services for such offices.	16894

(2) Nothing in this section shall prohibit the board of	16895
county commissioners and the governing board of an educational	16896
service center from entering into a contract for providing and	16897
equipping offices for the use of an educational service center and	16898
for providing heat, light, water, and janitorial services for such	16899
offices. The term of any such contract shall not exceed a period	16900
of four years and may be renewed for additional periods not to	16901
exceed four years. Any such contract shall supersede the	16902
provisions of division (D)(1) of this section.	16903

(3) No contract entered into under division (D)(2) of this	16904
section in any year prior to fiscal year 2007 between an	16905
educational service center formed under section 3311.053 of the	16906
Revised Code and the board of county commissioners required to	16907
provide and equip its office pursuant to division (B) of this	16908
section shall take effect unless the boards of county	16909
commissioners of all other counties required to participate in	16910
the funding for such offices pursuant to division (B) of this	16911
section adopt resolutions approving the contract.	16912

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	16913
"guardian," or "other person having charge or care of a child"	16914
means either parent unless the parents are separated or divorced	16915
or their marriage has been dissolved or annulled, in which case	16916
"parent" means the parent who is the residential parent and legal	16917
custodian of the child. If the child is in the legal or permanent	16918
custody of a person or government agency, "parent" means that	16919
person or government agency. When a child is a resident of a	16920
home, as defined in section 3313.64 of the Revised Code, and the	16921
child's parent is not a resident of this state, "parent,"	16922
"guardian," or "other person having charge or care of a child"	16923
means the head of the home.	16924

A child between six and eighteen years of age is "of	16925
compulsory school age" for the purpose of sections 3321.01 to	16926
3321.13 of the Revised Code. A child under six years of age who	16927
has been enrolled in kindergarten also shall be considered "of	16928
compulsory school age" for the purpose of sections 3321.01 to	16929
3321.13 of the Revised Code unless at any time the child's parent	16930
or guardian, at the parent's or guardian's discretion and in	16931
consultation with the child's teacher and principal, formally	16932
withdraws the child from kindergarten. The compulsory school age	16933
of a child shall not commence until the beginning of the term of	16934
such schools, or other time in the school year fixed by the rules	16935
of the board of the district in which the child resides.	16936

(2) No child shall be admitted to a kindergarten or a first	16937
grade of a public school in a district in which all children are	16938
admitted to kindergarten and the first grade in August or	16939
September unless the child is five or six years of age,	16940
respectively, by the thirtieth day of September of the year of	16941
admittance, or by the first day of a term or semester other than	16942
one beginning in August or September in school districts granting	16943
admittance at the beginning of such term or semester, except that	16944
in those school districts using or obtaining educationally	16945
accepted standardized testing programs for determining entrance,	16946
as approved by the board of education of such districts, the board	16947
shall admit a child to kindergarten or the first grade who fails	16948
to meet the age requirement, provided the child meets necessary	16949
standards as determined by such standardized testing programs. If	16950
the board of education has not established a standardized testing	16951
program, the board shall designate the necessary standards and a	16952
testing program it will accept for the purpose of admitting a	16953
child to kindergarten or first grade who fails to meet the age	16954
requirement. Each child who will be the proper age for entrance	16955
to kindergarten or first grade by the first day of January of the	16956
school year for which admission is requested shall be so tested	16957
upon the request of the child's parent.	16958

(3) Notwithstanding divisions (A)(2) and (D) of this	16959
section, beginning with the school year that starts in 2001 and	16960
continuing thereafter the board of education of any district may	16961
adopt a resolution establishing the first day of August in lieu of	16962
the thirtieth day of September as the required date by which	16963
students must have attained the age specified in those divisions.	16964

(B) As used in divisions (C) and (D) of this section,	16965
"successfully completed kindergarten" and "successful completion	16966
of kindergarten" mean that the child has completed the	16967
kindergarten requirements at one of the following:	16968

(1) A public or chartered nonpublic school;

16969

(2) A kindergarten class that is both of the following:

16970

(a) Offered by a day-care provider licensed under Chapter	16971
5104. of the Revised Code;	16972

(b) If offered after July 1, 1991, is directly taught by a	16973
teacher who holds one of the following:	16974

(i) A valid educator license issued under section 3319.22 of	16975
the Revised Code;	16976

(ii) A Montessori preprimary credential or age-appropriate	16977
diploma granted by the American Montessori society or the	16978
association Montessori internationale;	16979

(iii) Certification determined under division (G) of this	16980
section to be equivalent to that described in division	16981
(B)(2)(b)(ii) of this section;	16982

(iv) Certification for teachers in nontax-supported schools	16983
pursuant to section 3301.071 of the Revised Code.	16984

(C) Except as provided in division (D) of this section, no	16985
school district shall admit to the first grade any child who has	16986
not successfully completed kindergarten.	16987

(D) Upon request of a parent, the requirement of division	16988
(C) of this section may be waived by the district's pupil	16989
personnel services committee in the case of a child who is at	16990
least six years of age by the thirtieth day of September of the	16991
year of admittance and who demonstrates to the satisfaction of the	16992
committee the possession of the social, emotional, and cognitive	16993
skills necessary for first grade.	16994

The board of education of each city, local, and exempted	16995
village school district shall establish a pupil personnel services	16996
committee. The committee shall be composed of all of the	16997
following to the extent such personnel are either employed by the	16998
district or employed by the governing board of the educational	16999
service center within whose territory the district is located and	17000
the educational service center generally furnishes the services of	17001
such personnel to the district:	17002

(1) The director of pupil personnel services;

17003

(2) An elementary school counselor;

17004

(3) An elementary school principal;

17005

(4) A school psychologist;

17006

(5) A teacher assigned to teach first grade;

17007

(6) A gifted coordinator.

17008

The responsibilities of the pupil personnel services	17009
committee shall be limited to the issuing of waivers allowing	17010
admittance to the first grade without the successful completion of	17011
kindergarten. The committee shall have no other authority except	17012
as specified in this section.	17013

(E) The scheduling of times for kindergarten classes and	17014
length of the school day for kindergarten shall be determined by	17015
the board of education of a city, exempted village, or local	17016
school district.	17017

(F) Any kindergarten class offered by a day-care provider or	17018
school described by division (B)(1) or (B)(2)(a) of this section	17019
shall be developmentally appropriate.	17020

(G) Upon written request of a day-care provider described by	17021
division (B)(2)(a) of this section, the department of education	17022
shall determine whether certification held by a teacher employed	17023
by the provider meets the requirement of division (B)(2)(b)(iii)	17024
of this section and, if so, shall furnish the provider a statement	17025
to that effect.	17026

Sec. 3323.09.  (A) As used in this section:

17027

(1) "Home" has the meaning given in section 3313.64 of the	17028
Revised Code;	17029

(2) "Preschool child" means a child who is at least age three	17030
but under age six on the thirtieth day of September of an academic	17031
year.	17032

(B) Each county MR/DD board shall establish special	17033
education programs for all handicapped children who in accordance	17034
with section 3323.04 of the Revised Code have been placed in	17035
special education programs operated by the county board and for	17036
preschool children who are developmentally delayed or at risk of	17037
being developmentally delayed. The board annually shall submit to	17038
the department of education a plan for the provision of these	17039
programs and, if applicable, a request for approval of units under	17040
section 3317.05 of the Revised Code. The superintendent of public	17041
instruction shall review the plan and approve or modify it in	17042
accordance with rules adopted by the state board of education	17043
under section 3301.07 of the Revised Code. The superintendent of	17044
public instruction shall compile the plans submitted by county	17045
boards and shall submit a comprehensive plan to the state board of	17046
education.	17047

A county MR/DD board may combine transportation for children	17048
enrolled in classes funded under section 3317.20 or units approved	17049
under section 3317.05 with transportation for children and adults	17050
enrolled in programs and services offered by the board under	17051
section 5126.12 of the Revised Code.	17052

(C) A county MR/DD board that during the school year	17053
provided special education pursuant to this section for any	17054
mentally handicapped child under twenty-two years of age shall	17055
prepare and submit the following reports and statements:	17056

(1) The board shall prepare a statement for each child who	17057
at the time of receiving such special education was a resident of	17058
a home and was not in the legal or permanent custody of an Ohio	17059
resident or a government agency in this state, and whose parents	17060
are not known to have been residents of this state subsequent to	17061
the child's birth. The statement shall contain the child's name,	17062
the name of his the child's school district of residence, the name	17063
of the county board providing the special education, and the	17064
number of months, including any fraction of a month, it was	17065
provided. Not later than the thirtieth day of June, the board	17066
shall forward a certified copy of such statement to both the	17067
director of mental retardation and developmental disabilities and	17068
to the home.	17069

Within thirty days after its receipt of a statement, the home	17070
shall pay tuition to the county board computed in the manner	17071
prescribed by section 3323.141 of the Revised Code.	17072

(2) The board shall prepare a report for each school	17073
district that is the school district of residence of one or more	17074
of such children for whom statements are not required by division	17075
(C)(1) of this section. The report shall contain the name of the	17076
county board providing special education, the name of each child	17077
receiving special education, the number of months, including	17078
fractions of a month, that he the child received it, and the name	17079
of the child's school district of residence. Not later than the	17080
thirtieth day of June, the board shall forward certified copies of	17081
each report to the school district named in the report, the	17082
superintendent of public instruction, and the director of mental	17083
retardation and developmental disabilities.	17084

Sec. 3323.091.  (A) The department of mental health, the	17085
department of mental retardation and developmental disabilities,	17086
the department of youth services, and the department of	17087
rehabilitation and correction shall establish and maintain special	17088
education programs for handicapped children in institutions under	17089
their jurisdiction according to standards adopted by the state	17090
board of education. The superintendent of each institution	17091
providing special education under this chapter may apply to the	17092
state department of education for unit funding, which shall be	17093
paid in accordance with sections 3317.161 3317.052 and 3317.162	17094
3317.053 of the Revised Code.	17095

(B) On or before the thirtieth day of June of each year, the	17096
superintendent of each institution that during the school year	17097
provided special education pursuant to this section shall prepare	17098
a statement for each handicapped child under twenty-two years of	17099
age who has received special education. The statement shall	17100
contain the child's name and the name of the child's school	17101
district of residence. Within sixty days after receipt of such	17102
statement, the department of education shall perform one of the	17103
following:	17104

(1) For any child except a handicapped preschool child	17105
described in division (B)(2) of this section, pay to the	17106
institution submitting the statement an amount equal to the	17107
tuition calculated under division (A) of section 3317.08 of the	17108
Revised Code for the period covered by the statement, and deduct	17109
the same from the amount of state funds, if any, payable under	17110
sections 3317.022 and 3317.023 of the Revised Code, to the child's	17111
school district of residence or, if the amount of such state funds	17112
is insufficient, require the child's school district of residence	17113
to pay the institution submitting the statement an amount equal to	17114
the amount determined under this division.	17115

(2) For any handicapped preschool child not included in a	17116
unit approved under division (B) of section 3317.05 of the Revised	17117
Code, perform the following:	17118

(a) Pay to the institution submitting the statement an	17119
amount equal to the tuition calculated under division (B) of	17120
section 3317.08 of the Revised Code for the period covered by the	17121
statement, except that in calculating the tuition under that	17122
section the operating expenses of the institution submitting the	17123
statement under this section shall be used instead of the	17124
operating expenses of the school district of residence;	17125

(b) Deduct from the amount of state funds, if any, payable	17126
under sections 3317.022 and 3317.023 of the Revised Code to the	17127
child's school district of residence an amount equal to the amount	17128
paid under division (B)(2)(a) of this section.	17129

Sec. 3333.02.  The Ohio board of regents shall hold its first	17130
meeting at the call of the governor, within three months after all	17131
members have been appointed and qualified. Meetings thereafter	17132
shall be called in such manner and at such times as prescribed by	17133
rules adopted by the board, but the board shall meet at least four	17134
times annually. A majority of the board constitutes a quorum. At	17135
its first meeting, the board shall organize by selecting a	17136
chairman chairperson, a vice-chairman vice-chairperson, and a	17137
secretary, and such other officers as it deems necessary. The	17138
board shall adopt rules for the conduct of its business, and to	17139
provide for the term and election of officers, and shall establish	17140
an office in Columbus. The rules shall permit the formation of a	17141
quorum and the taking of votes at meetings conducted by	17142
interactive video teleconference if provisions are made for public	17143
attendance at any location involved in such a teleconference.	17144

A record shall be kept of board proceedings, which shall be	17145
open for public inspection. The board shall adopt a seal to be	17146
affixed to official documents. Each member of the board, before	17147
entering on his official duties and after qualifying for office,	17148
shall take and subscribe to an oath of office, to uphold the	17149
constitution and laws of the United States and this state, and to	17150
perform the duties of his office honestly, faithfully, and	17151
impartially.	17152

Sec. 3333.03.  (A) The Ohio board of regents shall appoint a	17153
chancellor to serve at its pleasure and shall prescribe his the	17154
chancellor's duties. The board shall fix the compensation for the	17155
chancellor and for all other professional, administrative, and	17156
clerical employees necessary to assist the board and the	17157
chancellor in the performance of their duties.	17158

(B) The chancellor is the administrative officer of the	17159
board, and is responsible for appointing and fixing the	17160
compensation of all professional, administrative, and clerical	17161
employees and staff members, subject to board approval, who	17162
necessary to assist the board and the chancellor in the	17163
performance of their duties. All employees and staff shall serve	17164
under his the chancellor's direction and control. The chancellor	17165
shall be a person qualified by training and experience to	17166
understand the problems and needs of the state in the field of	17167
higher education and to devise programs, plans, and methods of	17168
solving the problems and meeting the needs.	17169

(C) Neither the chancellor nor any staff member or employee	17170
of the board shall be a trustee, officer, or employee of any	17171
public or private college or university while serving on the	17172
board.	17173

Sec. 3333.043.  (A) As used in this section:

17174

(1) "Institution of higher education" means the state	17175
universities listed in section 3345.011 of the Revised Code,	17176
municipal educational institutions established under Chapter 3349.	17177
of the Revised Code, community colleges established under Chapter	17178
3354. of the Revised Code, university branches established under	17179
Chapter 3355. of the Revised Code, technical colleges established	17180
under Chapter 3357. of the Revised Code, state community colleges	17181
established under Chapter 3358. of the Revised Code, any	17182
institution of higher education with a certificate of registration	17183
from the state board of proprietary school registration, and any	17184
institution for which the Ohio board of regents receives a notice	17185
pursuant to division (C) of this section.	17186

(2) "Community service" has the same meaning as in section	17187
3313.605 of the Revised Code.	17188

(B)(1) The board of trustees or other governing entity of	17189
each institution of higher education shall encourage and promote	17190
participation of students in community service through a program	17191
appropriate to the mission, student population, and environment of	17192
each institution. The program may include, but not be limited to,	17193
providing information about community service opportunities during	17194
student orientation or in student publications; providing awards	17195
for exemplary community service; encouraging faculty members to	17196
incorporate community service into students' academic experiences	17197
wherever appropriate to the curriculum; encouraging recognized	17198
student organizations to undertake community service projects as	17199
part of their purposes; and establishing advisory committees of	17200
students, faculty members, and community and business leaders to	17201
develop cooperative programs that benefit the community and	17202
enhance student experience. The program shall be flexible in	17203
design so as to permit participation by the greatest possible	17204
number of students, including part-time students and students for	17205
whom participation may be difficult due to financial, academic,	17206
personal, or other considerations. The program shall emphasize	17207
community service opportunities that can most effectively use the	17208
skills of students, such as tutoring or literacy programs. The	17209
programs shall encourage students to perform services that will	17210
not supplant the hiring of, result in the displacement of, or	17211
impair any existing employment contracts of any particular	17212
employee of any private or governmental entity for which services	17213
are performed.	17214

(2) The Ohio board of regents shall encourage all	17215
institutions of higher education in the development of community	17216
service programs. With the assistance of the state Ohio community	17217
service advisory committee council created in section 121.40 of	17218
the Revised Code, the board of regents shall make available	17219
information about higher education community service programs to	17220
institutions of higher education and to statewide organizations	17221
involved with or promoting volunteerism, including information	17222
about model community service programs, teacher training courses,	17223
and community service curricula and teaching materials for	17224
possible use by institutions of higher education in their	17225
programs. The board shall encourage institutions of higher	17226
education to jointly coordinate higher education community service	17227
programs through consortia of institutions or other appropriate	17228
means of coordination.	17229

(C) The board of trustees of any nonprofit institution with	17230
a certificate of authorization issued by the Ohio board of regents	17231
pursuant to Chapter 1713. of the Revised Code may notify the board	17232
of regents that it is making itself subject to divisions (A) and	17233
(B) of this section. Upon receipt of such a notice, these	17234
divisions shall apply to that institution.	17235

Sec. 3333.12.  (A) As used in this section:

17236

(1) "Eligible student" means an undergraduate student who is:

17237

(a) An Ohio resident;

17238

(b) Enrolled in either of the following:

17239

(i) An accredited institution of higher education in this	17240
state that meets the requirements of Title VI of the Civil Rights	17241
Act of 1964 and is state-assisted, is nonprofit and has a	17242
certificate of authorization from the Ohio board of regents	17243
pursuant to Chapter 1713. of the Revised Code, or has a	17244
certificate of registration from the state board of proprietary	17245
school registration and program authorization to award an	17246
associate or bachelor's degree. Students who attend an	17247
institution that holds a certificate of registration shall be	17248
enrolled in a program leading to an associate or bachelor's degree	17249
for which associate or bachelor's degree program the institution	17250
has program authorization issued under section 3332.05 of the	17251
Revised Code.	17252

(ii) A technical education program of at least two years	17253
duration sponsored by a private institution of higher education in	17254
this state that meets the requirements of Title VI of the Civil	17255
Rights Act of 1964.	17256

(c) Enrolled as a full-time student or enrolled as a less	17257
than full-time student for the term expected to be the student's	17258
final term of enrollment and is enrolled for the number of credit	17259
hours necessary to complete the requirements of the program in	17260
which the student is enrolled.	17261

(2) "Gross income" includes all taxable and nontaxable income	17262
of the parents, the student, and the student's spouse, except	17263
income derived from an Ohio academic scholarship, income earned by	17264
the student between the last day of the spring term and the first	17265
day of the fall term, and other income exclusions designated by	17266
the board. Gross income may be verified to the board by the	17267
institution in which the student is enrolled using the federal	17268
financial aid eligibility verification process or by other means	17269
satisfactory to the board.	17270

(3) "Resident," "full-time student," "dependent,"	17271
"financially independent," and "accredited" shall be defined by	17272
rules adopted by the board.	17273

(B) The Ohio board of regents shall establish and administer	17274
an instructional grant program and may adopt rules to carry out	17275
this section. The general assembly shall support the	17276
instructional grant program by such sums and in such manner as it	17277
may provide, but the board may also receive funds from other	17278
sources to support the program. If the amounts available for	17279
support of the program are inadequate to provide grants to all	17280
eligible students, preference in the payment of grants shall be	17281
given in terms of income, beginning with the lowest income	17282
category of gross income and proceeding upward by category to the	17283
highest gross income category.	17284

An instructional grant shall be paid to an eligible student	17285
through the institution in which the student is enrolled, except	17286
that no instructional grant shall be paid to any person serving a	17287
term of imprisonment. Applications for such grants shall be made	17288
as prescribed by the board, and such applications may be made in	17289
conjunction with and upon the basis of information provided in	17290
conjunction with student assistance programs funded by agencies of	17291
the United States government or from financial resources of the	17292
institution of higher education. The institution shall certify	17293
that the student applicant meets the requirements set forth in	17294
divisions (A)(1)(b) and (c) of this section. Instructional grants	17295
shall be provided to an eligible student only as long as the	17296
student is making appropriate progress toward a nursing diploma or	17297
an associate or bachelor's degree. No student shall be eligible	17298
to receive a grant for more than ten semesters, fifteen quarters,	17299
or the equivalent of five academic years. A grant made to an	17300
eligible student on the basis of less than full-time enrollment	17301
shall be based on the number of credit hours for which the student	17302
is enrolled and shall be computed in accordance with a formula	17303
adopted by the board. No student shall receive more than one	17304
grant on the basis of less than full-time enrollment.	17305

An instructional grant shall not exceed the total	17306
instructional and general charges of the institution.	17307

(C) The tables in this division prescribe the maximum grant	17308
amounts covering two semesters, three quarters, or a comparable	17309
portion of one academic year. Grant amounts for additional terms	17310
in the same academic year shall be determined under division (D)	17311
of this section.	17312

For a full-time student who is a dependent and enrolled in a	17313
nonprofit educational institution that is not a state-assisted	17314
institution and that has a certificate of authorization issued	17315
pursuant to Chapter 1713. of the Revised Code, the amount of the	17316
instructional grant for two semesters, three quarters, or a	17317
comparable portion of the academic year shall be determined in	17318
accordance with the following table:	17319

Table of Grants

17320

Private Institution

17342

Table of Grants

17343

For a full-time student who is financially independent and	17364
enrolled in a nonprofit educational institution that is not a	17365
state-assisted institution and that has a certificate of	17366
authorization issued pursuant to Chapter 1713. of the Revised	17367
Code, the amount of the instructional grant for two semesters,	17368
three quarters, or a comparable portion of the academic year shall	17369
be determined in accordance with the following table:	17370

Table of Grants

17371

Private Institution

17394

Table of Grants

17395

For a full-time student who is a dependent and enrolled in an	17417
educational institution that holds a certificate of registration	17418
from the state board of proprietary school registration, the	17419
amount of the instructional grant for two semesters, three	17420
quarters, or a comparable portion of the academic year shall be	17421
determined in accordance with the following table:	17422

Table of Grants

17423

Proprietary Institution

17445

Table of Grants

17446

For a full-time student who is financially independent and	17467
enrolled in an educational institution that holds a certificate of	17468
registration from the state board of proprietary school	17469
registration, the amount of the instructional grant for two	17470
semesters, three quarters, or a comparable portion of the academic	17471
year shall be determined in accordance with the following table:	17472

Table of Grants

17473

Proprietary Institution

17496

Table of Grants

17497

For a full-time student who is a dependent and enrolled in a	17519
state-assisted educational institution, the amount of the	17520
instructional grant for two semesters, three quarters, or a	17521
comparable portion of the academic year shall be determined in	17522
accordance with the following table:	17523

Table of Grants

17526

Public Institution

17546

Table of Grants

17547

For a full-time student who is financially independent and	17568
enrolled in a state-assisted educational institution, the amount	17569
of the instructional grant for two semesters, three quarters, or a	17570
comparable portion of the academic year shall be determined in	17571
accordance with the following table:	17572

Table of Grants

17573

Public Institution

17596

Table of Grants

17597

(D) For a full-time student enrolled in an eligible	17619
institution for a semester or quarter in addition to the portion	17620
of the academic year covered by a grant determined under division	17621
(C) of this section, the maximum grant amount shall be a	17622
percentage of the maximum prescribed in the applicable table of	17623
that division. The maximum grant for a fourth quarter shall be	17624
one-third of the maximum amount prescribed under that division.	17625
The maximum grant for a third semester shall be one-half of the	17626
maximum amount prescribed under that division.	17627

(E) No grant shall be made to any student in a course of	17628
study in theology, religion, or other field of preparation for a	17629
religious profession unless such course of study leads to an	17630
accredited bachelor of arts, bachelor of science, associate of	17631
arts, or associate of science degree.	17632

(F)(1) Except as provided in division (F)(2) of this	17633
section, no grant shall be made to any student for enrollment	17634
during a fiscal year in an institution with a cohort default rate	17635
determined by the United States secretary of education pursuant to	17636
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	17637
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	17638
preceding the fiscal year, equal to or greater than thirty per	17639
cent for each of the preceding two fiscal years.	17640

(2) Division (F)(1) of this section does not apply to the	17641
following:	17642

(a) Any student enrolled in an institution that under the	17643
federal law appeals its loss of eligibility for federal financial	17644
aid and the United States secretary of education determines its	17645
cohort default rate after recalculation is lower than the rate	17646
specified in division (F)(1) of this section or the secretary	17647
determines due to mitigating circumstances the institution may	17648
continue to participate in federal financial aid programs. The	17649
board shall adopt rules requiring institutions to provide	17650
information regarding an appeal to the board.	17651

(b) Any student who has previously received a grant under	17652
this section who meets all other requirements of this section.	17653

(3) The board shall adopt rules for the notification of all	17654
institutions whose students will be ineligible to participate in	17655
the grant program pursuant to division (F)(1) of this section.	17656

(4) A student's attendance at an institution whose students	17657
lose eligibility for grants under division (F)(1) of this section	17658
shall not affect that student's eligibility to receive a grant	17659
when enrolled in another institution.	17660

(G) Institutions of higher education that enroll students	17661
receiving instructional grants under this section shall report to	17662
the board all students who have received instructional grants but	17663
are no longer eligible for all or part of such grants and shall	17664
refund any moneys due the state within thirty days after the	17665
beginning of the quarter or term immediately following the quarter	17666
or term in which the student was no longer eligible to receive all	17667
or part of the student's grant. There shall be an interest charge	17668
of one per cent per month on all moneys due and payable after such	17669
thirty-day period. The board shall immediately notify the office	17670
of budget and management and the legislative budget office of the	17671
legislative service commission of all refunds so received.	17672

Sec. 3333.13.  (A) Money appropriated to state supported and	17673
state assisted institutions of higher education and to the Ohio	17674
board of regents for the purposes of this division shall be paid	17675
at the times and in the amounts necessary to meet all payments	17676
required to be made by such institutions and by the board to the	17677
Ohio public facilities commission or treasurer of state pursuant	17678
to leases or agreements made by them under division (B) of section	17679
154.21 of the Revised Code, as certified under division (C) of	17680
this section, including supplements to such certifications.	17681

(B) Each such institution of higher education and the The	17682
board shall include in its estimate of proposed expenses submitted	17683
pursuant to section 126.02 of the Revised Code the estimated	17684
amounts of all such payments to be made by it. The board shall	17685
include the estimated amounts of all such payments to be made by	17686
each such institution and of such payments to be made by it in	17687
recommendations for appropriation required by division (J) of	17688
section 3333.04 of the Revised Code. The director of budget and	17689
management shall include in the state budget estimates provided	17690
for in section 126.02 of the Revised Code the estimated amount of	17691
all such payments to be made during the next biennium, and this	17692
amount shall be included in the state budget to be submitted by	17693
the governor to the general assembly pursuant to section 107.03 of	17694
the Revised Code.	17695

(C) On the first day of July of each year, or as soon	17696
thereafter as is practicable, the chancellor or a vice-chancellor	17697
of the board shall certify to the director the payments contracted	17698
to be made, during the period of the then current appropriations	17699
made for the purposes of division (A) of this section, to the	17700
commission or treasurer of state by each state supported and state	17701
assisted institution of higher education and by the board pursuant	17702
to leases and agreements made under division (B) of section 154.21	17703
of the Revised Code. The certification shall state the amounts	17704
and dates of payment required therefor as to each such institution	17705
of higher education and the board, and the amounts to be credited	17706
pursuant to such leases and agreements to the higher education	17707
bond service trust fund and other special funds established	17708
pursuant to section 151.04 or Chapter 154. of the Revised Code. If	17709
the director finds such certification to be correct, the director	17710
shall promptly add the director's certification thereto and submit	17711
it to the treasurer of state. Such annual certification shall be	17712
supplemented in similar manner upon the execution of each new	17713
lease or agreement, any supplement to an existing lease or	17714
agreement, or any amendment thereof, affecting the amounts of	17715
those payments.	17716

Sec. 3333.21.  As used in sections 3333.21 to 3333.23 of the	17717
Revised Code, "term" and "academic year" mean "term" and "academic	17718
year" as defined by the Ohio board of regents.	17719

The board shall establish and administer an academic	17720
scholarship program. Under the program, a total of one thousand	17721
new scholarships shall be awarded annually in the amount of not	17722
less than two thousand dollars per award. At least one such new	17723
scholarship shall be awarded annually to a student in each public	17724
high school and joint vocational school and each nonpublic high	17725
school for which the state board of education prescribes minimum	17726
standards in accordance with section 3301.07 of the Revised Code.	17727

To be eligible for the award of a scholarship, a student	17728
shall be a resident of Ohio and shall be enrolled as a full-time	17729
undergraduate student in an Ohio institution of higher education	17730
that meets the requirements of Title VI of the "Civil Rights Act	17731
of 1964" and is state-assisted, is nonprofit and holds a	17732
certificate of authorization issued under section 1713.02 of the	17733
Revised Code, or holds a certificate of registration and program	17734
authorization issued under section 3332.05 of the Revised Code and	17735
awards an associate or bachelor's degree. Students who attend an	17736
institution holding a certificate of registration shall be	17737
enrolled in a program leading to an associate or bachelor's degree	17738
for which associate or bachelor's degree program the institution	17739
has program authorization to offer the program issued under	17740
section 3332.05 of the Revised Code.	17741

"Resident" and "full-time student" shall be defined by board	17742
rule.	17743

The board shall award the scholarships on the basis of a	17744
formula designed by it to identify students with the highest	17745
capability for successful college study. The formula shall weigh	17746
the factor of achievement, as measured by grade point average, and	17747
the factor of ability, as measured by performance on a competitive	17748
examination specified by the board. Students receiving	17749
scholarships shall be known as "Ohio academic scholars." Annually,	17750
not later than the thirty-first day of July, the board shall	17751
report to the governor and the general assembly on the performance	17752
of current Ohio academic scholars and the effectiveness of its	17753
formula.	17754

Sec. 3333.22.  Each Ohio academic scholarship shall be	17755
awarded for an academic year and may be renewed for each of three	17756
additional academic years. The scholarship amount awarded to a	17757
scholar for an academic year shall be not less than two thousand	17758
dollars. A scholarship shall be renewed if the scholar maintains	17759
an academic record satisfactory to the Ohio board of regents and	17760
meets any of the following conditions:	17761

(A) The scholar is enrolled as a full-time undergraduate;

17762

(B) The scholar was awarded an undergraduate degree in less	17763
than four academic years and is enrolled as a full-time graduate	17764
or professional student in an Ohio institution of higher education	17765
that meets the requirements of Title VI of the "Civil Rights Act	17766
of 1964" and is state-assisted or is nonprofit and holds a	17767
certificate of authorization issued under section 1713.02 of the	17768
Revised Code;	17769

(C) The scholar is a full-time student concurrently enrolled	17770
as an undergraduate student and as a graduate or professional	17771
student in an Ohio institution of higher education that meets the	17772
requirements of division (B) of this section.	17773

Each amount awarded shall be paid in equal installments to	17774
the scholar at the time of enrollment for each term of the	17775
academic year for which the scholarship is awarded or renewed. No	17776
scholar is eligible to receive an Ohio academic scholarship for	17777
more than the equivalent of four academic years.	17778

If an Ohio academic scholar is temporarily unable to attend	17779
school because of illness or other cause satisfactory to the	17780
board, the board may grant a leave of absence for a designated	17781
period of time. If a scholar discontinues full-time attendance at	17782
the scholar's school during a term because of illness or other	17783
cause satisfactory to the board, the scholar may either claim a	17784
prorated payment for the period of actual attendance or waive	17785
payment for that term. A term for which prorated payment is made	17786
shall be considered a full term for which a scholarship was	17787
received. A term for which payment is waived shall not be	17788
considered a term for which a scholarship was received.	17789

Receipt of an Ohio academic scholarship shall not affect a	17790
scholar's eligibility for the Ohio instructional grant program.	17791

Sec. 3383.01.  As used in this chapter:

17792

(A) "Arts" means any of the following:

17793

(1) Visual, musical, dramatic, graphic, and other arts and	17794
includes, including, but is not limited to, architecture, dance,	17795
literature, motion pictures, music, painting, photography,	17796
sculpture, and theater;	17797

(2) The presentation or making available, in museums or	17798
other indoor or outdoor facilities, of principles of science and	17799
their development, use, or application in business, industry, or	17800
commerce or of the history, heritage, development, presentation,	17801
and uses of the arts as defined above described in division (A)(1)	17802
of this section and of transportation;	17803

(3) The preservation, presentation, or making available of	17804
features of archaeological, architectural, environmental, or	17805
historical interest or significance in a state historical facility	17806
or a local historical facility.	17807

(B) "Arts organization" means either of the following:

17808

(1) A governmental agency or Ohio nonprofit corporation that	17809
provides programs or activities in areas directly concerned with	17810
the arts;	17811

(2) A regional arts and cultural district as defined in	17812
section 3381.01 of the Revised Code.	17813

(C) "Arts project" means all or any portion of an Ohio arts	17814
facility for which the general assembly has specifically	17815
authorized the spending of money, or made an appropriation,	17816
pursuant to division (D)(3) or (E) of section 3383.07 of the	17817
Revised Code.	17818

(D) "Cooperative contract" means a contract between the Ohio	17819
arts and sports facilities commission and an arts organization	17820
providing the terms and conditions of the cooperative use of an	17821
Ohio arts facility.	17822

(E) "Costs of operation" means amounts required to manage an	17823
Ohio arts facility that are incurred following the completion of	17824
construction of its arts project, provided that both of the	17825
following apply:	17826

(1) Those amounts either:

17827

(a) Have been committed to a fund dedicated to that purpose;

17828

(b) Equal the principal of any endowment fund, the income	17829
from which is dedicated to that purpose.	17830

(2) The commission and the arts organization have executed	17831
an agreement with respect to either of those funds.	17832

(E)(F) "General building services" means general building	17833
services for an Ohio arts facility or an Ohio sports facility,	17834
including, but not limited to, general custodial care, security,	17835
maintenance, repair, painting, decoration, cleaning, utilities,	17836
fire safety, grounds and site maintenance and upkeep, and	17837
plumbing.	17838

(F)(G) "Governmental agency" means a state agency, a	17839
state-supported or state-assisted institution of higher education,	17840
a municipal corporation, county, township, or school district, a	17841
port authority created under Chapter 4582. of the Revised Code,	17842
any other political subdivision or special district in this state	17843
established by or pursuant to law, or any combination of these	17844
entities; except where otherwise indicated, the United States or	17845
any department, division, or agency of the United States, or any	17846
agency, commission, or authority established pursuant to an	17847
interstate compact or agreement.	17848

(G)(H) "Local contributions" means the value of an asset	17849
provided by or on behalf of an arts organization from sources	17850
other than the state, the value and nature of which shall be	17851
approved by the Ohio arts and sports facilities commission, in its	17852
sole discretion. "Local contributions" may include the value of	17853
the site where an arts project is to be constructed. All "local	17854
contributions," except a contribution attributable to such a site,	17855
shall be for the costs of construction of an arts project or the	17856
costs of operation of an arts facility.	17857

(H)(I) "Local historical facility" means a site or facility,	17858
other than a state historical facility, of archaeological,	17859
architectural, environmental, or historical interest or	17860
significance, or a facility, including a storage facility,	17861
appurtenant to the operations of such a site or facility, that is	17862
owned by an arts organization, provided the facility meets the	17863
requirements of division (J)(K)(2)(b) of this section, is managed	17864
by or pursuant to a contract with the Ohio arts and sports	17865
facilities commission, and is used for or in connection with the	17866
activities of the commission, including the presentation or making	17867
available of arts to the public.	17868

(I)(J) "Manage," "operate," or "management" means the	17869
provision of, or the exercise of control over the provision of,	17870
activities:	17871

(1) Relating to the arts for an Ohio arts facility,	17872
including as applicable, but not limited to, providing for	17873
displays, exhibitions, specimens, and models; booking of artists,	17874
performances, or presentations; scheduling; and hiring or	17875
contracting for directors, curators, technical and scientific	17876
staff, ushers, stage managers, and others directly related to the	17877
arts activities in the facility; but not including general	17878
building services;	17879

(2) Relating to sports and athletic events for an Ohio	17880
sports facility, including as applicable, but not limited to,	17881
providing for booking of athletes, teams, and events; scheduling;	17882
and hiring or contracting for staff, ushers, managers, and others	17883
directly related to the sports and athletic events in the	17884
facility; but not including general building services.	17885

(J)(K) "Ohio arts facility" means any of the following:

17886

(1) The three theaters located in the state office tower at	17887
77 South High street in Columbus;	17888

(2) Any capital facility in this state to which all of the	17889
following apply:	17890

(a) The construction of an arts project related to the	17891
facility was authorized or funded by the general assembly pursuant	17892
to division (D)(3) of section 3383.07 of the Revised Code.	17893

(b) The state owns or has sufficient real property interests	17894
in the facility or in the portion of the facility financed from	17895
the proceeds of obligations or in the site of the facility for a	17896
period of no less than the greater of the useful life of the	17897
portion of the facility financed from the proceeds of those	17898
obligations as determined by the director of budget and management	17899
using the guidelines for maximum maturities as provided under	17900
divisions (B), (C), and (E) of section 133.20 of the Revised Code,	17901
or the period of time remaining to the date of payment or	17902
provision for payment of outstanding obligations issued by the	17903
Ohio building authority allocable to costs of that portion of the	17904
facility, as determined by the director of budget and management,	17905
in either case as certified to the Ohio arts and sports facilities	17906
commission and the Ohio building authority.	17907

(c) The facility is managed directly by, or by is subject to	17908
a cooperative or management contract with, the Ohio arts and	17909
sports facilities commission, and is used for or in connection	17910
with the activities of the commission, including the presentation	17911
or making available of arts to the public. A cooperative or	17912
management contract shall be for a term not less than the time	17913
remaining to the date of payment or provision for payment of any	17914
state bonds issued to pay the costs of the arts project, as	17915
determined by the director of budget and management and certified	17916
by the director to the Ohio arts and sports facilities commission	17917
and to the Ohio building authority.	17918

(3) A state historical facility or a local historical	17919
facility.	17920

(K)(L) "State agency" means the state or any of its branches,	17921
officers, boards, commissions, authorities, departments,	17922
divisions, or other units or agencies.	17923

(L)(M) "Construction" includes acquisition, including	17924
acquisition by lease-purchase, demolition, reconstruction,	17925
alteration, renovation, remodeling, enlargement, improvement, site	17926
improvements, and related equipping and furnishing.	17927

(M)(N) "State historical facility" means a site or facility	17928
of archaeological, architectural, environmental, or historical	17929
interest or significance, or a facility, including a storage	17930
facility, appurtenant to the operations of such a site or	17931
facility, that is owned by or is located on real property owned by	17932
the state or by an arts organization, so long as the real property	17933
of the arts organization meets the requirements of division	17934
(J)(2)(b) of this section and is contiguous to state-owned real	17935
property that is in the care, custody, and control of an arts	17936
organization, and that facility is managed directly by or by is	17937
subject to a cooperative or management contract with the Ohio arts	17938
and sports facilities commission, and that is used for or in	17939
connection with the activities of the commission, including the	17940
presentation or making available of arts to the public.	17941

(N)(O) "Ohio sports facility" means all or a portion of a	17942
stadium, arena, or other capital facility in Ohio this state, a	17943
primary purpose of which is to provide a site or venue for the	17944
presentation to the public of events of one or more major or minor	17945
league professional athletic or sports teams that are associated	17946
with the state or with a city or region of the state, which	17947
facility is owned by or is located on real property owned by the	17948
state or a governmental agency, and including all parking	17949
facilities, walkways, and other auxiliary facilities, equipment,	17950
furnishings, and real and personal property and interests and	17951
rights therein, that may be appropriate for or used for or in	17952
connection with the facility or its operation, for capital costs	17953
of which state funds are spent pursuant to this chapter. A	17954
facility constructed as an Ohio sports facility may be both an	17955
Ohio arts facility and an Ohio sports facility.	17956

Sec. 3383.02.  (A) There is hereby created the Ohio arts and	17957
sports facilities commission. Notwithstanding any provision to	17958
the contrary contained in Chapter 152. of the Revised Code, the	17959
commission shall engage in and provide for the development,	17960
performance, and presentation or making available of the arts and	17961
professional sports and athletics to the public in this state by	17962
the exercise of its powers under this chapter, including the	17963
provision, operation, and management, and cooperative use of Ohio	17964
arts facilities and Ohio sports facilities. The commission is a	17965
body corporate and politic, an agency of state government and an	17966
instrumentality of the state, performing essential governmental	17967
functions of this state. The carrying out of the purposes and the	17968
exercise by the commission of its powers conferred by this chapter	17969
are essential public functions and public purposes of the state	17970
and of state government. The commission may, in its own name, sue	17971
and be sued, enter into contracts, and perform all the powers and	17972
duties given to it by this chapter but it does not have and shall	17973
not exercise the power of eminent domain.	17974

(B) The commission shall consist of eight ten members, five	17975
seven of whom shall be voting members and three of whom shall be	17976
nonvoting members. The five seven voting members shall be	17977
appointed by the governor, with the advice and consent of the	17978
senate, from different geographical regions of the state. In	17979
addition, one of the voting members shall represent the state	17980
architect. Not more than three four of the members appointed by	17981
the governor shall be affiliated with the same political party.	17982
The nonvoting members shall be the staff director of the Ohio arts	17983
council, a member of the senate appointed by the president of the	17984
senate, and a member of the house of representatives appointed by	17985
the speaker of the house.	17986

(C) Of the five initial appointments made by the governor,	17987
one shall be for a term expiring December 31, 1989, two shall be	17988
for terms expiring December 31, 1990, and two shall be for terms	17989
expiring December 31, 1991. Of the initial appointments of the	17990
sixth and seventh voting members appointed by the governor as a	17991
result of this amendment, one shall be for a term expiring	17992
December 31, 2003, and one shall be for a term expiring December	17993
31, 2004. Thereafter, each such term shall be for three years,	17994
commencing on the first day of January and ending on the	17995
thirty-first day of December. Each appointment by the president	17996
of the senate and by the speaker of the house of representatives	17997
shall be for the balance of the then legislative biennium. Each	17998
member shall hold office from the date of the member's appointment	17999
until the end of the term for which the member was appointed. Any	18000
member appointed to fill a vacancy occurring prior to the	18001
expiration of the term for which the member's predecessor was	18002
appointed shall hold office for the remainder of such term. Any	18003
member shall continue in office subsequent to the expiration date	18004
of the member's term until the member's successor takes office, or	18005
until a period of sixty days has elapsed, whichever occurs first.	18006

(D) Members of the commission shall serve without	18007
compensation.	18008

(E) After each initial member of the commission has been	18009
appointed, the commission shall meet and organize by electing one	18010
of its voting members as chairperson and other voting members as	18011
vice-chairperson and secretary-treasurer, who shall hold their	18012
offices until the next organizational meeting of the commission.	18013
Organizational meetings of the commission shall be held at the	18014
first meeting of each calendar year. At each organizational	18015
meeting, the commission shall elect from among its voting members	18016
a chairperson, a vice-chairperson, and a secretary-treasurer, who	18017
shall serve until the next annual meeting. The commission shall	18018
adopt rules pursuant to section 111.15 of the Revised Code for the	18019
conduct of its internal business and shall keep a journal of its	18020
proceedings.	18021

(F) Three Four voting members of the commission constitute a	18022
quorum, and the affirmative vote of three four members is	18023
necessary for approval of any action taken by the commission. A	18024
vacancy in the membership of the commission does not impair a	18025
quorum from exercising all the rights and performing all the	18026
duties of the commission. Meetings of the commission may be held	18027
anywhere in the state, and shall be held in compliance with	18028
section 121.22 of the Revised Code.	18029

(G) All expenses incurred in carrying out this chapter are	18030
payable solely from money accrued under this chapter or	18031
appropriated for these purposes by the general assembly, and the	18032
commission shall incur no liability or obligation beyond such	18033
money.	18034

(H) The commission shall file an annual report of its	18035
activities and finances with the governor, director of budget and	18036
management, speaker of the house of representatives, president of	18037
the senate, and chairpersons of the house and senate finance	18038
committees.	18039

(I) There is hereby established in the state treasury the	18040
Ohio arts and sports facilities commission administration fund.	18041
All revenues of the commission shall be credited to that fund and	18042
to any accounts created in the fund with the commission's	18043
approval. All expenses of the commission, including reimbursement	18044
of, or payment to, any other fund or any governmental agency for	18045
advances made or services rendered to or on behalf of the	18046
commission, shall be paid from the Ohio arts and sports facilities	18047
commission administration fund as determined by or pursuant to	18048
directions of the commission. All investment earnings of the	18049
administration fund shall be credited to the fund and shall be	18050
allocated among any accounts created in the fund in the manner	18051
determined by the commission.	18052

(J) Title to all real property and lesser interests in real	18053
property acquired by the commission, including leasehold and other	18054
interests, pursuant to this chapter shall be taken in the name of	18055
the state and shall be held for the use and benefit of the	18056
commission. The commission shall not mortgage such real property	18057
and interests in real property. Title to other property and	18058
interests in it acquired by the commission pursuant to this	18059
chapter shall be taken in its name.	18060

Sec. 3383.04.  The Ohio arts and sports facilities commission	18061
may:	18062

(A) Employ and fix the compensation of an executive director	18063
and such other employees as will facilitate the activities and	18064
purposes of the commission. Any executive director shall serve at	18065
the pleasure of the commission and may serve part-time. Other	18066
employees shall be employed by and serve at the pleasure of the	18067
commission or the executive director, as determined by the	18068
commission.	18069

(B) Adopt, amend, and rescind, pursuant to section 111.15 of	18070
the Revised Code, rules for the management and operation of Ohio	18071
arts facilities and Ohio sports facilities and for the exercise of	18072
all of the commission's rights with respect to those facilities;	18073

(C) Own, construct or provide for the construction of,	18074
lease, equip, furnish, administer, and manage or provide for the	18075
operation and management of, Ohio arts facilities and Ohio sports	18076
facilities;	18077

(D) Dispose of, whether by sale, lease, lease-purchase,	18078
sublease, re-lease, or otherwise, real and personal property, and	18079
lesser interests in it, held or owned by the state for the use and	18080
benefit of the commission or held or owned by the commission, if	18081
not needed for the commission's purposes, upon such terms as the	18082
commission determines, subject to approval by the governor in the	18083
case of real property and interests in it;	18084

(E) Grant such easements and other interests in real or	18085
personal property of the commission as will not interfere with the	18086
use of the property as an Ohio arts facility or an Ohio sports	18087
facility;	18088

(F) Fix, alter, and collect rentals and other charges for	18089
the use or availability for use of Ohio arts facilities or an Ohio	18090
sports facility, as determined solely by the commission, for the	18091
purpose of providing for all or a portion of the costs and	18092
expenses of the commission, and the costs to be paid by the	18093
commission of leasing, constructing, equipping, repairing,	18094
maintaining, administering, and managing, and cooperating in the	18095
use of Ohio arts facilities, including rentals to be paid by the	18096
commission for any Ohio arts facilities or for any Ohio sports	18097
facility;	18098

(G) Lease, sublease, or otherwise make available to an arts	18099
organization, Ohio arts facilities, and to any governmental agency	18100
or nonprofit corporation, Ohio sports facilities, including real	18101
and personal property, or any interests in it, to carry out the	18102
purposes of this chapter;	18103

(H) Contract with, retain the services of, or designate, and	18104
fix the compensation of, such agents, accountants, attorneys,	18105
consultants, advisers, and other independent contractors as may be	18106
necessary or desirable to carry out the purposes of this chapter;	18107

(I) Procure insurance against loss to the commission by	18108
reason of damages to or nonusability of its property resulting	18109
from fire, theft, accident, or other casualties, or by reason of	18110
its liability for any damages to persons or property, including	18111
but not limited to, general liability insurance, business	18112
interruption insurance, liability insurance for members, officers,	18113
and employees, and copyright liability insurance;	18114

(J) Receive and accept gifts, grants, devises, bequests,	18115
loans, and any other financial or other form of aid or assistance	18116
from any governmental agency or other person and enter into any	18117
contract or agreement with any such agency or other person in	18118
connection therewith, and receive and accept aid or contributions	18119
from any other source of money, real or personal property, labor,	18120
or other things of value, to be held, used, and applied only for	18121
the purposes for which the aid and contributions are made and	18122
according to their terms and conditions, all within the purposes	18123
of this chapter;	18124

(K) Make and enter into all contracts, commitments, and	18125
agreements, and execute all instruments, necessary or incidental	18126
to the performance of its duties and the execution of its rights	18127
and powers under this chapter;	18128

(L) Do anything necessary or appropriate to carry out the	18129
purposes of and exercise the powers granted in this chapter;	18130

(M) Contract with any governmental agency or nonprofit	18131
corporation to provide or cause to be provided services, including	18132
general building services, in, to, or for an Ohio arts facility or	18133
any Ohio sports facility, or with an arts organization for the	18134
management of an Ohio arts facility, or with a governmental agency	18135
or nonprofit corporation for the management of an Ohio sports	18136
facility, all in furtherance of the state function, and make	18137
contracts pursuant to divisions (A) and (B) of section 3383.07 of	18138
the Revised Code, except that nothing in this chapter limits the	18139
exercise of the care, custody, control, and management of those	18140
state historical facilities specified in section 149.30 of the	18141
Revised Code.	18142

Sec. 3383.07.  (A) The department of administrative services	18143
shall provide for the construction of an arts project in	18144
conformity with Chapter 153. of the Revised Code, except as	18145
follows:	18146

(1) For an arts project that has an estimated construction	18147
cost, excluding the cost of acquisition, of twenty-five million	18148
dollars or more, and that is financed by the Ohio building	18149
authority, construction services may be provided by the authority	18150
if the authority determines it should provide those services.	18151

(2) For an arts project other than a state historical	18152
facility, construction services may be provided on behalf of the	18153
state by the Ohio arts and sports facilities commission, or by a	18154
governmental agency or an arts organization that occupies, will	18155
occupy, or is responsible for the Ohio arts facility, as	18156
determined by the department of administrative services	18157
commission. Construction services to be provided by a	18158
governmental agency or an arts organization shall be specified in	18159
an agreement between the commission and the governmental agency or	18160
arts organization. The agreement, or any actions taken under it,	18161
are not subject to Chapter 123. or 153. of the Revised Code,	18162
except for sections 123.151 and 153.011 of the Revised Code, and	18163
shall be subject to Chapter 4115. of the Revised Code.	18164

(3) For an arts project that is a state historical facility,	18165
construction services may be provided by the Ohio arts and sports	18166
facilities commission or by an arts organization that occupies,	18167
will occupy, or is responsible for the facility, as determined by	18168
the commission. The construction services to be provided by the	18169
arts organization shall be specified in an agreement between the	18170
commission and the arts organization, and the. That agreement,	18171
and any actions taken under it, are not subject to Chapter 123.,	18172
153., or 4115. of the Revised Code.	18173

(B) For an Ohio sports facility that is financed in part by	18174
the Ohio building authority, construction services shall be	18175
provided on behalf of the state by or at the direction of the	18176
governmental agency or nonprofit corporation that will own or be	18177
responsible for the management of the facility, all as determined	18178
by the Ohio arts and sports facilities commission. Any	18179
construction services to be provided by a governmental agency or	18180
nonprofit corporation shall be specified in an agreement between	18181
the commission and the governmental agency or nonprofit	18182
corporation, and the. That agreement, and any actions taken under	18183
it, are not subject to Chapter 123. or 153. of the Revised Code,	18184
except for sections 123.151 and 153.011 of the Revised Code, and	18185
shall be subject to Chapter 4115. of the Revised Code.	18186

(C) General building services for an Ohio arts facility	18187
shall be provided by the department of administrative services in	18188
conformity with Chapter 123. of the Revised Code, except that the	18189
Ohio building authority may elect to provide such services for	18190
Ohio arts facilities it financed and such services may be provided	18191
by the Ohio arts and sports facilities commission or by an arts	18192
organization that occupies, will occupy, or is responsible for the	18193
facility, as determined by the commission, except that the Ohio	18194
building authority may elect to provide those services for Ohio	18195
arts facilities financed with proceeds of state bonds issued by	18196
the authority. The costs of management and general building	18197
services shall be paid by the arts organization that occupies,	18198
will occupy, or is responsible for the facility as provided in an	18199
agreement between the commission and the arts organization, except	18200
that the state may pay for general building services for	18201
state-owned arts facilities constructed on state-owned land.	18202
General	18203

General building services for an Ohio sports facility shall	18204
be provided by or at the direction of the governmental agency or	18205
nonprofit corporation that will be responsible for the management	18206
of the facility, all as determined by the commission. Any general	18207
building services to be provided by a governmental agency or	18208
nonprofit corporation for an Ohio sports facility shall be	18209
specified in an agreement between the commission and the	18210
governmental agency or nonprofit corporation, and that. That	18211
agreement, and any actions taken under it, are not subject to	18212
Chapter 123. or 153. of the Revised Code, except for sections	18213
123.151 and 153.011 of the Revised Code, and shall be subject to	18214
Chapter 4115. of the Revised Code.	18215

(D) This division does not apply to a state historical	18216
facility. No state funds, including any state bond proceeds,	18217
shall be spent on the construction of any arts project under this	18218
chapter unless, with respect to the arts project and to the Ohio	18219
arts facility related to the project, all of the following apply:	18220

(1) The Ohio arts and sports facilities commission has	18221
determined that there is a need for the arts project and the Ohio	18222
arts facility related to the project in the region of the state	18223
for in which the Ohio arts facility is located or for which the	18224
facility is proposed to be located;.	18225

(2) The commission has determined that, as an indication of	18226
substantial regional support for the arts project, the arts	18227
organization has made provision satisfactory to the commission, in	18228
its sole discretion, for local contributions amounting to not less	18229
than fifty per cent of the total state funding for the arts	18230
project;.	18231

(3) The general assembly has specifically authorized the	18232
spending of money on, or made an appropriation for, the	18233
construction of the arts project, or for rental payments relating	18234
to the financing of the construction of the arts project.	18235
Authorization to spend money, or an appropriation, for planning	18236
the arts project does not constitute authorization to spend money	18237
on, or an appropriation for, construction of the arts project.	18238

(E) No state funds, including any state bond proceeds, shall	18239
be spent on the construction of any state historical facility	18240
under this chapter unless the general assembly has specifically	18241
authorized the spending of money on, or made an appropriation for,	18242
the construction of the arts project related to the facility, or	18243
for rental payments relating to the financing of the construction	18244
of the arts project. Authorization to spend money, or an	18245
appropriation, for planning the arts project does not constitute	18246
authorization to spend money on, or an appropriation for, the	18247
construction of the arts project.	18248

(F) State funds shall not be used to pay or reimburse more	18249
than fifteen per cent of the initial estimated construction cost	18250
of an Ohio sports facility, excluding any site acquisition cost,	18251
and no state funds, including any state bond proceeds, shall be	18252
spent on any Ohio sports facility under this chapter unless, with	18253
respect to that facility, all of the following apply:	18254

(1) The Ohio arts and sports facilities commission has	18255
determined that there is a need for the facility in the region of	18256
the state for which the facility is proposed to provide the	18257
function of an Ohio sports facility as provided for in this	18258
chapter.	18259

(2) As an indication of substantial local support for the	18260
facility, the commission has received a financial and development	18261
plan satisfactory to it, and provision has been made, by agreement	18262
or otherwise, satisfactory to the commission, for a contribution	18263
amounting to not less than eighty-five per cent of the total	18264
estimated construction cost of the facility, excluding any site	18265
acquisition cost, from sources other than the state.	18266

(3) The general assembly has specifically authorized the	18267
spending of money on, or made an appropriation for, the	18268
construction of the facility, or for rental payments relating to	18269
state financing of all or a portion of the costs of constructing	18270
the facility. Authorization to spend money, or an appropriation,	18271
for planning or determining the feasibility of or need for the	18272
facility does not constitute authorization to spend money on, or	18273
an appropriation for, costs of constructing the facility.	18274

(4) If state bond proceeds are being used for the Ohio	18275
sports facility, the state or a governmental agency owns or has	18276
sufficient property interests in the facility or in the site of	18277
the facility or in the portion or portions of the facility	18278
financed from proceeds of state bonds, which may include, but is	18279
not limited to, the right to use or to require the use of the	18280
facility for the presentation of sport and athletic events to the	18281
public at the facility, extending for a period of not less than	18282
the greater of the useful life of the portion of the facility	18283
financed from proceeds of those bonds as determined using the	18284
guidelines for maximum maturities as provided under divisions (B),	18285
(C), and (D) of section 133.20 of the Revised Code, or the period	18286
of time remaining to the date of payment or provision for payment	18287
of outstanding state bonds allocable to costs of the facility, all	18288
as determined by the director of budget and management and	18289
certified by the director to the Ohio arts and sports facilities	18290
commission and to the Ohio building authority.	18291

Sec. 3383.09. (A) There is hereby created in the state	18292
treasury the arts facilities building fund, which shall consist of	18293
proceeds of obligations authorized to pay costs of arts facilities	18294
projects for which appropriations are made by the general	18295
assembly. All investment earnings of the fund shall be credited to	18296
the fund.	18297

(B) There is hereby created in the state treasury the	18298
sports facilities building fund, which shall consist of proceeds	18299
of obligations authorized to pay costs of sports facilities	18300
projects for which appropriations are made by the general	18301
assembly. All investment earnings of the fund shall be credited to	18302
the fund.	18303

(C) The director of budget and management may transfer, to	18304
the Ohio arts and sports facilities commission administration	18305
fund, investment earnings credited to the arts facilities building	18306
fund and the sports facilities building fund that exceed the	18307
amounts required to meet estimated federal arbitrage rebate	18308
requirements when requested of the director of budget and	18309
management by the chairperson or executive director of the	18310
commission.	18311

Sec. 3701.142.  (A) The director of health shall appoint the	18312
chief and the administrative assistant of the office of women's	18313
health initiatives. The director may appoint, to the extent of	18314
available funds, persons to other positions determined by him the	18315
director to be relevant and necessary.	18316

(B) The chief shall have all of the following	18317
qualifications, plus any additional qualifications the director	18318
considers appropriate:	18319

(1) The equivalent of a masters or higher degree in public	18320
health, medicine, health sciences, environmental science, law,	18321
public administration, or a related field;	18322

(2) Familiarity with national maternal and child health	18323
objectives of the department;	18324

(3) Knowledge of or experience in women's and infants'	18325
preventive health care;	18326

(4) Understanding of health care delivery systems;

18327

(5) A global public health perspective.

18328

(C)(1) The majority of the chief's time shall be spent in	18329
the performance of the following responsibilities:	18330

(a) Identifying issues that affect women's health;

18331

(b) Advocating for women's health concerns within the	18332
department, state government, and the community;	18333

(c) Serving as a liaison for the public, interest groups,	18334
the department, and other state agencies on issues that affect	18335
women's health;	18336

(d) Developing recommendations to the director regarding	18337
programs addressing women's health issues for inclusion in the	18338
biennial budget and departmental strategic planning;	18339

(e) Preparing materials for publication.

18340

(2) In addition, the chief shall do the following:

18341

(a) Develop and recommend research, funding, and program	18342
activities for the intervention, treatment, and education of the	18343
public on women's health initiatives including health needs	18344
throughout the life cycle, reproductive health, gender bias in	18345
research, chemical dependence, access to health care, health and	18346
safety in the workplace, poverty and women's health, causes of	18347
death in women, violence and women's health, and any other women's	18348
health issue the chief considers appropriate;	18349

(b) Supervise the administrative assistant and any other	18350
employees assigned to the office of women's health initiatives;	18351

(c) Oversee the administrative operations of the office of	18352
women's health initiatives;	18353

(d) Research, advise, and assist the director concerning	18354
governor's office correspondence referrals, legislative	18355
initiatives, rules, and similar executive decisions relating to	18356
the health of women;	18357

(e) Represent the director, as requested, before the general	18358
assembly and the women's policy and research commission.	18359

(D) The administrative assistant shall provide clerical and	18360
administrative support as needed to the chief.	18361

(E) To promote coordination of programs and of offices'	18362
initiatives, the director, assistant director, deputy directors,	18363
and chiefs selected by the director in the department shall attend	18364
quarterly meetings regarding the activities of the office of	18365
women's health initiatives.	18366

(F) After considering the report submitted pursuant to	18367
division (C) of section 3701.141 of the Revised Code, the director	18368
of health shall develop and implement biennial initiatives on	18369
women's health needs.	18370

"       Sec.  3701.61.  (A) The department of health shall	43
establish the help me grow program for the purpose of encouraging	44
early prenatal and well-baby care. The program shall include	45
distributing subsidies to counties to provide the following	46
services:	47

(1) Home-visiting services to newborn infants and their	48
families;	49

(2) Services to infants and toddlers under three years of age	50
who are at risk for, or who have, a developmental delay or	51
disability and their families.	52

(B) The department shall not provide home-visiting services	53
under the help me grow program unless requested in writing by a	54
parent of the infant or toddler.	55

(C) Pursuant to Chapter 119. of the Revised Code, the	56
department shall adopt rules that are necessary and proper to	57
implement this section."	58

Sec. 3701.92. (A) There is hereby created in the department	18371
of health the Ohio hepatitis C advisory commission.	18372

(B) The commission shall consist of the following members:

18373

(1) Eleven members appointed by the director of health;

18374

(2) Two members of the house of representatives, one from	18375
each political party, appointed by the speaker of the house of	18376
representatives;	18377

(3) Two members of the senate, one from each political	18378
party, appointed by the president of the senate.	18379

Each member shall serve without compensation for a term of	18380
one year.	18381

Sec. 3702.68.  (A) Notwithstanding sections 3702.51 to	18382
3702.62 of the Revised Code, this section applies to the review of	18383
certificate of need applications during the period beginning July	18384
1, 1993, and ending June 30, 2001 October 15, 2003.	18385

(B)(1) Except as provided in division (B)(2) of this	18386
section, the director of health shall neither grant nor deny any	18387
application for a certificate of need submitted prior to July 1,	18388
1993, if the application was for any of the following and the	18389
director had not issued a written decision concerning the	18390
application prior to that date:	18391

(a) Approval of beds in a new health care facility or an	18392
increase of beds in an existing health care facility, if the beds	18393
are proposed to be licensed as nursing home beds under Chapter	18394
3721. of the Revised Code;	18395

(b) Approval of beds in a new county home or new county	18396
nursing home as defined in section 5155.31 of the Revised Code, or	18397
an increase of beds in an existing county home or existing county	18398
nursing home, if the beds are proposed to be certified as skilled	18399
nursing facility beds under Title XVIII or nursing facility beds	18400
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	18401
42 U.S.C.A. 301, as amended;	18402

(c) Recategorization of hospital beds as described in	18403
section 3702.522 of the Revised Code, an increase of hospital beds	18404
registered pursuant to section 3701.07 of the Revised Code as	18405
long-term care beds or skilled nursing facility beds, or a	18406
recategorization of hospital beds that would result in an increase	18407
of beds registered pursuant to that section as long-term care beds	18408
or skilled nursing facility beds.	18409

On July 1, 1993, the director shall return each such	18410
application to the applicant and, notwithstanding section 3702.52	18411
of the Revised Code regarding the uses of the certificate of need	18412
fund, shall refund to the applicant the application fee paid under	18413
that section. Applications returned under division (B)(1) of this	18414
section may be resubmitted in accordance with section 3702.52 of	18415
the Revised Code no sooner than July 1, 2001 October 16, 2003.	18416

(2) The director shall continue to review and shall issue a	18417
decision regarding any application submitted prior to July 1,	18418
1993, to increase beds for either of the purposes described in	18419
division (B)(1)(a) or (b) of this section if the proposed increase	18420
in beds is attributable solely to a replacement or relocation of	18421
existing beds within the same county. The director shall	18422
authorize under such an application no additional beds beyond	18423
those being replaced or relocated.	18424

(C)(1) Except as provided in division (C)(2) and (3) of this	18425
section, the director, during the period beginning July 1, 1993,	18426
and ending June 30, 2001 October 15, 2003, shall not accept for	18427
review under section 3702.52 of the Revised Code any application	18428
for a certificate of need for any of the purposes described in	18429
divisions (B)(1)(a) to (c) of this section.	18430

(2)(a) The director shall accept for review any application	18431
for either of the purposes described in division (B)(1)(a) or (b)	18432
of this section if either of the following apply:	18433

(i) In case of an existing health care facility that is a	18434
nursing home described in section 5123.192 of the Revised Code,	18435
the proposed increase is attributable solely to the replacement of	18436
existing beds within the same county.	18437

(ii) In the case of a health care facility or county home	18438
described in division (B)(1)(a) or (b) of this section, other than	18439
an existing health care facility described in division	18440
(C)(2)(a)(i) of this section, the proposed increase in beds is	18441
attributable solely to a replacement or relocation of existing	18442
beds within the same county. The	18443

(b) In the case of an existing health care facility	18444
described in division (C)(2)(a)(i) of this section, the director	18445
shall continue to review and shall issue a decision regarding any	18446
application submitted during the period beginning on July 1, 1993,	18447
and ending on the effective date of this amendment to increase	18448
beds for either of the purposes described in division (B)(1)(a) or	18449
(b) of this section only if the proposed increase in beds is	18450
attributable solely to a relocation of existing beds within the	18451
same county. An existing health care facility described in	18452
division (C)(2)(a)(i) of this section that on or after the	18453
effective date of this amendment seeks to increase beds for either	18454
of the purposes described in division (B)(1)(a) or (b) of this	18455
section shall apply for a license under section 5123.19 of the	18456
Revised Code, as described in division (B) of section 5123.192 of	18457
the Revised Code, if the proposed increase is attributable to a	18458
relocation of existing beds within the same county.	18459

(c) The director shall authorize under such an application	18460
described in division (C)(2)(a) or (b) of this section no	18461
additional beds beyond those being replaced or relocated. The	18462

(3) The director also shall accept for review any	18463
application that seeks certificate of need approval for existing	18464
beds located in an infirmary that is operated exclusively by a	18465
religious order, provides care exclusively to members of religious	18466
orders who take vows of celibacy and live by virtue of their vows	18467
within the orders as if related, and was providing care	18468
exclusively to members of such a religious order on January 1,	18469
1994.	18470

(D) The director shall issue a decision regarding any case	18471
remanded by a court as the result of a decision issued by the	18472
director prior to July 1, 1993, to grant, deny, or withdraw a	18473
certificate of need for any of the purposes described in divisions	18474
(B)(1)(a) to (c) of this section.	18475

(E) The director shall not project the need for beds listed	18476
in division (B)(1) of this section for the period beginning July	18477
1, 1993, and ending June 30, 2001 October 15, 2003.	18478

This section is an interim section effective until July 1,	18479
2001 October 16, 2003.	18480

Sec. 3704.143. (A) As used in this section, "contract" means	18481
a contract entered into by the state under section 3704.14 of the	18482
Revised Code with a private contractor for the purpose of	18483
conducting emissions inspections under a motor vehicle inspection	18484
and maintenance program.	18485

(B) Notwithstanding division (D)(5) of section 3704.14 of	18486
the Revised Code, the director of administrative services or the	18487
director of environmental protection, as applicable, shall not	18488
renew any contract that is in existence on the effective date of	18489
this section. Further, the director of administrative services or	18490
the director of environmental protection, as applicable, shall not	18491
enter into a new contract upon the expiration or termination of	18492
any contract that is in existence on the effective date of this	18493
section.	18494

(C) Notwithstanding section 3704.14 of the Revised Code or	18495
any other section of the Revised Code that requires emissions	18496
inspections to be conducted or proof of such inspections to be	18497
provided, upon the expiration or termination of all contracts that	18498
are in existence on the effective date of this section, the	18499
director of environmental protection shall terminate all motor	18500
vehicle inspection and maintenance programs in this state and	18501
shall not implement a new motor vehicle inspection and maintenance	18502
program unless this section is repealed and such a program is	18503
authorized by the general assembly.	18504

Sec. 3721.07. (A) Every person desiring to operate a home and	18505
the superintendent or administrator of each county home or	18506
district home for which a license as a residential care facility	18507
is sought shall apply for a license to the director of health. The	18508
director shall issue a license for the home, if after	18509
investigation of the applicant and, if required by section 3721.02	18510
of the Revised Code, inspection of the home, the following	18511
requirements or conditions are satisfied or complied with:	18512

(A)(1) The applicant has not been convicted of a felony or a	18513
crime involving moral turpitude;	18514

(B)(2) The applicant is not violating any of the rules made	18515
by the public health council or any order issued by the director	18516
of health;	18517

(C)(3) The buildings in which the home is housed have been	18518
approved by the state fire marshal or a township, municipal, or	18519
other legally constituted fire department approved by the marshal.	18520
In the approval of a home such agencies shall apply standards	18521
prescribed by the board of building standards, and by the state	18522
fire marshal, and by section 3721.071 of the Revised Code.	18523

(D)(4) The applicant, if it is an individual, or the	18524
principal participants, if it is an association or a corporation,	18525
is or are suitable financially and morally to operate a home;	18526

(E)(5) The applicant is equipped to furnish humane, kind,	18527
and adequate treatment and care;	18528

(F)(6) The home does not maintain or contain:

18529

(1)(a) Facilities for the performance of major surgical	18530
procedures;	18531

(2)(b) Facilities for providing therapeutic radiation;

18532

(3)(c) An emergency ward;

18533

(4)(d) A clinical laboratory unless it is under the	18534
supervision of a clinical pathologist who is a licensed physician	18535
in this state;	18536

(5)(e) Facilities for radiological examinations unless such	18537
examinations are performed only by a person licensed to practice	18538
medicine, surgery, or dentistry in this state.	18539

(G)(7) The home does not accept or treat outpatients, except	18540
upon the written orders of a physician licensed in this state,	18541
maternity cases, boarding children, and does not house transient	18542
guests, other than participants in an adult day-care program, for	18543
twenty-four hours or less;	18544

(H)(8) The home is in compliance with sections 3721.28 and	18545
3721.29 of the Revised Code.	18546

(B) When the director issues a license, the license shall	18547
remain in effect until revoked by the director or, voided at the	18548
request of the applicant, or terminated as described in division	18549
(D) of this section; provided, there shall be an annual renewal	18550
fee payable during the month of January of each calendar year. Any	18551
licensed home that does not pay its renewal fee in January shall	18552
pay, beginning the first day of February, a late fee of one	18553
hundred dollars for each week or part thereof that the renewal fee	18554
is not paid. If either the renewal fee or the late fee is not	18555
paid by the fifteenth day of February, the director may, in	18556
accordance with Chapter 119. of the Revised Code, revoke the	18557
home's license.	18558

(C) A person whose license is revoked, and a county home or	18559
district home that has its license as a residential care facility	18560
revoked, for any reason other than nonpayment of the license	18561
renewal fee or late fees may not apply for a new license under	18562
this chapter until a period of one year following the date of	18563
revocation has elapsed.	18564

(D) A license issued by the director to a nursing home	18565
described in section 5123.192 of the Revised Code shall terminate	18566
if the nursing home obtains a license under section 5123.19 of the	18567
Revised Code.	18568

(E) Any applicant who is denied a license may appeal in	18569
accordance with Chapter 119. of the Revised Code.	18570

Sec. 3721.12.  (A) The administrator of a home shall:

18571

(1) With the advice of residents, their sponsors, or both,	18572
establish and review at least annually, written policies regarding	18573
the applicability and implementation of residents' rights under	18574
sections 3721.10 to 3721.17 of the Revised Code, the	18575
responsibilities of residents regarding the rights, and the home's	18576
grievance procedure established under division (A)(2) of this	18577
section. The administrator is responsible for the development of,	18578
and adherence to, procedures implementing the policies.	18579

(2) Establish a grievance committee for review of complaints	18580
by residents. The grievance committee shall be comprised of the	18581
home's staff and residents, sponsors, or outside representatives	18582
in a ratio of not more than one staff member to every two	18583
residents, sponsors, or outside representatives.	18584

(3) Furnish to each resident and sponsor prior to or at the	18585
time of admission, and to each member of the home's staff, at	18586
least one of each of the following:	18587

(a) A copy of the rights established under sections 3721.10	18588
to 3721.17 of the Revised Code;	18589

(b) A written explanation of the provisions of section	18590
3721.16 of the Revised Code or, for each resident described in	18591
section 5111.63 of the Revised Code, the provisions of sections	18592
5111.63 and 5111.64 of the Revised Code;	18593

(c) A copy of the home's policies and procedures established	18594
under this section;	18595

(d) A copy of the home's rules;

18596

(e) A copy of the addresses and telephone numbers of the	18597
board of health of the health district of the county in which the	18598
home is located, the county department of job and family services	18599
of the county in which the home is located, the state departments	18600
of health and job and family services, the state and local offices	18601
of the department of aging, and any Ohio nursing home ombudsperson	18602
program.	18603

(B) Written acknowledgment of the receipt of copies of the	18604
materials listed in this section shall be made part of the	18605
resident's record and the staff member's personnel record.	18606

(C) The administrator shall post all of the following	18607
prominently within the home:	18608

(1) A copy of the rights of residents as listed in division	18609
(A) of section 3721.13 of the Revised Code;	18610

(2) A copy of the home's rules and its policies and	18611
procedures regarding the rights and responsibilities of residents;	18612

(3) A notice that a copy of this chapter, rules of the	18613
department of health applicable to the home, and federal	18614
regulations adopted under Titles XVIII and XIX of the "Social	18615
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	18616
1395 and 1396, as amended, and the materials required to be	18617
available in the home under section 3721.021 of the Revised Code,	18618
are available for inspection in the home at reasonable hours;	18619

(4) A list of residents' rights advocates;

18620

(5) A notice that the following are available in a place	18621
readily accessible to residents:	18622

(a) If the home is licensed under section 3721.02 of the	18623
Revised Code, a copy of the most recent licensure inspection	18624
report prepared for the home under that section;	18625

(b) If the home is a nursing facility as defined in section	18626
5111.20 of the Revised Code, a copy of the most recent statement	18627
of deficiencies issued to the home under section 5111.42 of the	18628
Revised Code.	18629

(D) The administrator of a home may, with the advice of	18630
residents, their sponsors, or both, establish written policies	18631
regarding the applicability and administration of any additional	18632
residents' rights beyond those set forth in sections 3721.10 to	18633
3721.17 of the Revised Code, and the responsibilities of residents	18634
regarding the rights. Policies established under this division	18635
shall be reviewed, and procedures developed and adhered to as in	18636
division (A)(1) of this section.	18637

Sec. 3721.16.  (A)(1) For each resident of a home, other than	18638
a resident described in section 5111.63 of the Revised Code,	18639
notice of a proposed transfer or discharge and a request for	18640
hearing on the transfer or discharge shall be in accordance with	18641
this section.	18642

(1) Except in an emergency or unless authorized by statute	18643
or by rules of the director of health, the administrator of a home	18644
shall notify a resident in writing, and the resident's sponsor in	18645
writing by certified mail, return receipt requested, in advance of	18646
any proposed transfer or discharge from the home. The notice	18647
shall be provided at least thirty days in advance of the proposed	18648
transfer or discharge, unless either of the following applies:	18649

(a) The resident's health has improved sufficiently to allow	18650
a more immediate discharge or transfer to a less skilled level of	18651
care;	18652

(b) The resident has resided in the home less than thirty	18653
days.	18654

In the case of a resident described in division (A)(1)(a) or	18655
(b) of this section, the notice shall be provided as many days in	18656
advance of the proposed transfer or discharge as is practicable.	18657

(2) The notice required under division (A)(1) of this	18658
section shall include all of the following:	18659

(a) The reasons for the proposed transfer or discharge;

18660

(b) Notice of the right of the resident and his the	18661
resident's sponsor to an impartial hearing at the home on the	18662
proposed transfer or discharge, and of the manner in which and the	18663
time within which the resident or his sponsor may request a	18664
hearing under division (C) of this section;	18665

(c) The address of the legal services office of the	18666
department of health;	18667

(d) The name, address, and telephone number of a	18668
representative of the state long-term care ombudsman ombudsperson	18669
program and, if the resident or patient has a developmental	18670
disability or mental illness, the name, address, and telephone	18671
number of the Ohio legal rights service.	18672

(B) Transfer or discharge actions shall be documented in the	18673
resident's medical record by the home if there is a medical basis	18674
for the action.	18675

(C) A resident or his resident's sponsor may challenge a	18676
transfer or discharge by requesting an impartial hearing at the	18677
home, unless the transfer or discharge is required because of an	18678
emergency or one of the following reasons:	18679

(1) The home's license has been revoked under this chapter;

18680

(2) The home is being closed pursuant to sections 5111.35 to	18681
5111.62 or section 5155.31 of the Revised Code;	18682

(3) The resident is a recipient of medical assistance under	18683
section 5111.01 of the Revised Code and the home's participation	18684
in the medical assistance program has been terminated or denied;	18685

(4) The resident is a beneficiary under Title XVIII of the	18686
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	18687
amended and the home's certification under Title XVIII has been	18688
terminated or denied.	18689

A request for a hearing under this section shall be sent in	18690
writing to the legal services office of the department of health	18691
not later than ten days after the resident and his the resident's	18692
sponsor receive notice of the proposed transfer or discharge. A	18693
hearing shall be held within ten days by the department of health.	18694
A representative of the department shall preside over the hearing	18695
and issue a recommendation within five days as to any advisable	18696
action to the administrator, the resident, and any interested	18697
sponsor.	18698

If a resident is transferred or discharged pursuant to this	18699
section, the home from which the resident is being transferred or	18700
discharged shall provide the resident with adequate preparation	18701
prior to the transfer or discharge to ensure a safe and orderly	18702
transfer or discharge from the home, and the home or alternative	18703
setting to which the resident is to be transferred or discharged	18704
shall have accepted the resident for transfer or discharge.	18705

(D) An impartial hearing on resident transfer or discharge	18706
is not subject to section 121.22 of the Revised Code.	18707

(E) At the time of a transfer or discharge of a resident who	18708
is a recipient of medical assistance under section 5111.01 of the	18709
Revised Code from a home to a hospital or for therapeutic leave,	18710
the home shall provide notice in writing to the resident and in	18711
writing by certified mail, return receipt requested, to the	18712
resident's sponsor, specifying the number of days, if any, during	18713
which the resident will be permitted under the medical assistance	18714
program to return and resume residence in the home and specifying	18715
the medical assistance program's coverage of the days during which	18716
the resident is absent from the home. An individual who is absent	18717
from a home for more than the number of days specified in the	18718
notice and continues to require the services provided by the	18719
facility shall be given priority for the first available bed in a	18720
semi-private room.	18721

Sec. 3721.17.  (A) Any resident who believes that the	18722
resident's rights under sections 3721.10 to 3721.17 of the Revised	18723
Code have been violated may file a grievance under procedures	18724
adopted pursuant to division (A)(2) of section 3721.12 of the	18725
Revised Code.	18726

When the grievance committee determines a violation of	18727
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	18728
shall notify the administrator of the home. If the violation	18729
cannot be corrected within ten days, or if ten days have elapsed	18730
without correction of the violation, the grievance committee shall	18731
refer the matter to the department of health.	18732

(B) Any person who believes that a resident's rights under	18733
sections 3721.10 to 3721.17 of the Revised Code have been violated	18734
may report or cause reports to be made of the information directly	18735
to the department of health. No person who files a report is	18736
liable for civil damages resulting from the report.	18737

(C)(1) Within thirty days of receiving a complaint under	18738
this section, the department of health shall investigate any	18739
complaint referred to it by a home's grievance committee and any	18740
complaint from any source that alleges that the home provided	18741
substantially less than adequate care or treatment, or	18742
substantially unsafe conditions, or, within seven days of	18743
receiving a complaint, refer it to the attorney general, if the	18744
attorney general agrees to investigate within thirty days.	18745

(2) Within thirty days of receiving a complaint under this	18746
section, the department of health may investigate any alleged	18747
violation of sections 3721.10 to 3721.17 of the Revised Code, or	18748
of rules, policies, or procedures adopted pursuant to those	18749
sections, not covered by division (C)(1) of this section, or it	18750
may, within seven days of receiving a complaint, refer the	18751
complaint to the grievance committee at the home where the alleged	18752
violation occurred, or to the attorney general if the attorney	18753
general agrees to investigate within thirty days.	18754

(D) If, after an investigation, the department of health	18755
finds probable cause to believe that a violation of sections	18756
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	18757
procedures adopted pursuant to those sections, has occurred at a	18758
home that is certified under Title XVIII or XIX of the "Social	18759
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	18760
1395 and 1396, as amended, it shall cite one or more findings or	18761
deficiencies under sections 5111.35 to 5111.62 of the Revised	18762
Code. If the home is not so certified, the department shall hold	18763
an adjudicative hearing within thirty days under Chapter 119. of	18764
the Revised Code.	18765

(E) Upon a finding at an adjudicative hearing under division	18766
(D) of this section that a violation of sections 3721.10 to	18767
3721.17 of the Revised Code, or of rules, policies, or procedures	18768
adopted pursuant thereto, has occurred, the department of health	18769
shall make an order for compliance, set a reasonable time for	18770
compliance, and assess a fine pursuant to division (F) of this	18771
section. The fine shall be paid to the general revenue fund only	18772
if compliance with the order is not shown to have been made within	18773
the reasonable time set in the order. The department of health	18774
may issue an order prohibiting the continuation of any violation	18775
of sections 3721.10 to 3721.17 of the Revised Code.	18776

Findings at the hearings conducted under this section may be	18777
appealed pursuant to Chapter 119. of the Revised Code, except that	18778
an appeal may be made to the court of common pleas of the county	18779
in which the home is located.	18780

The department of health shall initiate proceedings in court	18781
to collect any fine assessed under this section which is unpaid	18782
thirty days after the violator's final appeal is exhausted.	18783

(F) Any home found, pursuant to an adjudication hearing	18784
under division (D) of this section, to have violated sections	18785
3721.10 to 3721.17 of the Revised Code, or rules, policies, or	18786
procedures adopted pursuant to those sections may be fined not	18787
less than one hundred nor more than five hundred dollars for a	18788
first offense. For each subsequent offense, the home may be fined	18789
not less than two hundred nor more than one thousand dollars.	18790

A violation of sections 3721.10 to 3721.17 of the Revised	18791
Code is a separate offense for each day of the violation and for	18792
each resident who claims the violation.	18793

(G) No home or employee of a home shall retaliate against	18794
any person who:	18795

(1) Exercises any right set forth in sections 3721.10 to	18796
3721.17 of the Revised Code, including, but not limited to, filing	18797
a complaint with the home's grievance committee or reporting an	18798
alleged violation to the department of health;	18799

(2) Appears as a witness in any hearing conducted under this	18800
section and or section 3721.16 or 5111.64 of the Revised Code;	18801

(3) Files a civil action alleging a violation of sections	18802
3721.10 to 3721.17 of the Revised Code, or notifies a county	18803
prosecuting attorney or the attorney general of a possible	18804
violation of sections 3721.10 to 3721.17 of the Revised Code.	18805

If, under the procedures outlined in this section, a home or	18806
its employee is found to have retaliated, the violator may be	18807
fined up to one thousand dollars.	18808

(H) When legal action is indicated, any evidence of criminal	18809
activity found in an investigation under division (C) of this	18810
section shall be given to the prosecuting attorney in the county	18811
in which the home is located for investigation.	18812

(I)(1) Any resident whose rights under sections 3721.10 to	18813
3721.17 of the Revised Code are violated has a cause of action	18814
against any person or home committing the violation. The action	18815
may be commenced by the resident or by the resident's sponsor on	18816
behalf of the resident.	18817

(2)(a) If compensatory damages are awarded for a violation	18818
of the resident's rights, section 2315.21 of the Revised Code,	18819
except divisions (E)(1) and (2) of that section, shall apply to an	18820
award of punitive or exemplary damages for the violation.	18821

(b) The court may award to the prevailing party reasonable	18822
attorney's fees limited to the work reasonably performed.	18823

(3) Division (I)(2)(a) of this section shall be considered	18824
to be purely remedial in operation and shall be applied in a	18825
remedial manner in any civil action in which this section is	18826
relevant, whether the action is pending in court or commenced on	18827
or after the effective date of this amendment July 9, 1998.	18828

Sec. 3734.57.  (A) For the purposes of paying the state's	18829
long-term operation costs or matching share for actions taken	18830
under the "Comprehensive Environmental Response, Compensation, and	18831
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	18832
amended; paying the costs of measures for proper clean-up of sites	18833
where polychlorinated biphenyls and substances, equipment, and	18834
devices containing or contaminated with polychlorinated biphenyls	18835
have been stored or disposed of; paying the costs of conducting	18836
surveys or investigations of solid waste facilities or other	18837
locations where it is believed that significant quantities of	18838
hazardous waste were disposed of and for conducting enforcement	18839
actions arising from the findings of such surveys or	18840
investigations; paying the costs of acquiring and cleaning up, or	18841
providing financial assistance for cleaning up, any hazardous	18842
waste facility or solid waste facility containing significant	18843
quantities of hazardous waste, that constitutes an imminent and	18844
substantial threat to public health or safety or the environment;	18845
and, from July 1, 1999 2001, through June 30, 2001 2004, for the	18846
purposes of paying the costs of administering and enforcing the	18847
laws pertaining to solid wastes, infectious wastes, and	18848
construction and demolition debris, including, without limitation,	18849
ground water evaluations related to solid wastes, infectious	18850
wastes, and construction and demolition debris, under this chapter	18851
and Chapter 3714. of the Revised Code and any rules adopted under	18852
them, and paying a share of the administrative costs of the	18853
environmental protection agency pursuant to section 3745.014 of	18854
the Revised Code, the following fees are hereby levied on the	18855
disposal of solid wastes in this state:	18856

(1) One dollar per ton on and after July 1, 1993;

18857

(2) An additional seventy-five cents per ton on and after	18858
July 1, 1999 2001, through June 30, 2001 2004.	18859

The owner or operator of a solid waste disposal facility	18860
shall collect the fees levied under this division as a trustee for	18861
the state and shall prepare and file with the director of	18862
environmental protection monthly returns indicating the total	18863
tonnage of solid wastes received for disposal at the gate of the	18864
facility and the total amount of the fees collected under this	18865
division. Not later than thirty days after the last day of the	18866
month to which such a return applies, the owner or operator shall	18867
mail to the director the return for that month together with the	18868
fees collected during that month as indicated on the return. The	18869
owner or operator may request an extension of not more than thirty	18870
days for filing the return and remitting the fees, provided that	18871
the owner or operator has submitted such a request in writing to	18872
the director together with a detailed description of why the	18873
extension is requested, the director has received the request not	18874
later than the day on which the return is required to be filed,	18875
and the director has approved the request. If the fees are not	18876
remitted within sixty days after the last day of the month during	18877
which they were collected, the owner or operator shall pay an	18878
additional fifty per cent of the amount of the fees for each month	18879
that they are late.	18880

One-half of the moneys remitted to the director under	18881
division (A)(1) of this section shall be credited to the hazardous	18882
waste facility management fund created in section 3734.18 of the	18883
Revised Code, and one-half shall be credited to the hazardous	18884
waste clean-up fund created in section 3734.28 of the Revised	18885
Code. The moneys remitted to the director under division (A)(2)	18886
of this section shall be credited to the solid waste fund, which	18887
is hereby created in the state treasury. The environmental	18888
protection agency shall use moneys in the solid waste fund only to	18889
pay the costs of administering and enforcing the laws pertaining	18890
to solid wastes, infectious wastes, and construction and	18891
demolition debris, including, without limitation, ground water	18892
evaluations related to solid wastes, infectious wastes, and	18893
construction and demolition debris, under this chapter and Chapter	18894
3714. of the Revised Code and rules adopted under them and to pay	18895
a share of the administrative costs of the environmental	18896
protection agency pursuant to section 3745.014 of the Revised	18897
Code.	18898

The fees levied under this division and divisions (B) and (C)	18899
of this section are in addition to all other applicable fees and	18900
taxes and shall be added to any other fee or amount specified in a	18901
contract that is charged by the owner or operator of a solid waste	18902
disposal facility or to any other fee or amount that is specified	18903
in a contract entered into on or after March 4, 1992, and that is	18904
charged by a transporter of solid wastes.	18905

(B) For the purpose of preparing, revising, and implementing	18906
the solid waste management plan of the county or joint solid waste	18907
management district, including, without limitation, the	18908
development and implementation of solid waste recycling or	18909
reduction programs; providing financial assistance to boards of	18910
health within the district, if solid waste facilities are located	18911
within the district, for the enforcement of this chapter and rules	18912
adopted and orders and terms and conditions of permits, licenses,	18913
and variances issued under it, other than the hazardous waste	18914
provisions of this chapter and rules adopted and orders and terms	18915
and conditions of permits issued under those provisions; providing	18916
financial assistance to the county to defray the added costs of	18917
maintaining roads and other public facilities and of providing	18918
emergency and other public services resulting from the location	18919
and operation of a solid waste facility within the county under	18920
the district's approved solid waste management plan; paying the	18921
costs incurred by boards of health for collecting and analyzing	18922
water samples from public or private wells on lands adjacent to	18923
solid waste facilities that are contained in the approved or	18924
amended plan of the district; paying the costs of developing and	18925
implementing a program for the inspection of solid wastes	18926
generated outside the boundaries of this state that are disposed	18927
of at solid waste facilities included in the district's approved	18928
solid waste management plan or amended plan; providing financial	18929
assistance to boards of health within the district for enforcing	18930
laws prohibiting open dumping; providing financial assistance to	18931
local law enforcement agencies within the district for enforcing	18932
laws and ordinances prohibiting littering; providing financial	18933
assistance to boards of health of health districts within the	18934
district that are on the approved list under section 3734.08 of	18935
the Revised Code for the training and certification required for	18936
their employees responsible for solid waste enforcement by rules	18937
adopted under division (L) of section 3734.02 of the Revised Code;	18938
providing financial assistance to individual municipal	18939
corporations and townships within the district to defray their	18940
added costs of maintaining roads and other public facilities and	18941
of providing emergency and other public services resulting from	18942
the location and operation within their boundaries of a	18943
composting, energy or resource recovery, incineration, or	18944
recycling facility that either is owned by the district or is	18945
furnishing solid waste management facility or recycling services	18946
to the district pursuant to a contract or agreement with the board	18947
of county commissioners or directors of the district; and payment	18948
of any expenses that are agreed to, awarded, or ordered to be paid	18949
under section 3734.35 of the Revised Code and of any	18950
administrative costs incurred pursuant to that section, the solid	18951
waste management policy committee of a county or joint solid waste	18952
management district may levy fees upon the following activities:	18953

(1) The disposal at a solid waste disposal facility located	18954
in the district of solid wastes generated within the district;	18955

(2) The disposal at a solid waste disposal facility within	18956
the district of solid wastes generated outside the boundaries of	18957
the district, but inside this state;	18958

(3) The disposal at a solid waste disposal facility within	18959
the district of solid wastes generated outside the boundaries of	18960
this state.	18961

If any such fees are levied prior to January 1, 1994, fees	18962
levied under division (B)(1) of this section always shall be equal	18963
to one-half of the fees levied under division (B)(2) of this	18964
section, and fees levied under division (B)(3) of this section,	18965
which shall be in addition to fees levied under division (B)(2) of	18966
this section, always shall be equal to fees levied under division	18967
(B)(1) of this section, except as otherwise provided in this	18968
division. The solid waste management plan of the county or joint	18969
district approved under section 3734.521 or 3734.55 of the Revised	18970
Code and any amendments to it, or the resolution adopted under	18971
this division, as appropriate, shall establish the rates of the	18972
fees levied under divisions (B)(1), (2), and (3) of this section,	18973
if any, and shall specify whether the fees are levied on the basis	18974
of tons or cubic yards as the unit of measurement. Although the	18975
fees under divisions (A)(1) and (2) of this section are levied on	18976
the basis of tons as the unit of measurement, the solid waste	18977
management plan of the district and any amendments to it or the	18978
solid waste management policy committee in its resolution levying	18979
fees under this division may direct that the fees levied under	18980
those divisions be levied on the basis of cubic yards as the unit	18981
of measurement based upon a conversion factor of three cubic yards	18982
per ton generally or one cubic yard per ton for baled wastes if	18983
the fees under divisions (B)(1) to (3) of this section are being	18984
levied on the basis of cubic yards as the unit of measurement	18985
under the plan, amended plan, or resolution.	18986

On and after January 1, 1994, the fee levied under division	18987
(B)(1) of this section shall be not less than one dollar per ton	18988
nor more than two dollars per ton, the fee levied under division	18989
(B)(2) of this section shall be not less than two dollars per ton	18990
nor more than four dollars per ton, and the fee levied under	18991
division (B)(3) of this section shall be not more than the fee	18992
levied under division (B)(1) of this section, except as otherwise	18993
provided in this division and notwithstanding any schedule of	18994
those fees established in the solid waste management plan of a	18995
county or joint district approved under section 3734.55 of the	18996
Revised Code or a resolution adopted and ratified under this	18997
division that is in effect on that date. If the fee that a	18998
district is levying under division (B)(1) of this section on that	18999
date under its approved plan or such a resolution is less than one	19000
dollar per ton, the fee shall be one dollar per ton on and after	19001
January 1, 1994, and if the fee that a district is so levying	19002
under that division exceeds two dollars per ton, the fee shall be	19003
two dollars per ton on and after that date. If the fee that a	19004
district is so levying under division (B)(2) of this section is	19005
less than two dollars per ton, the fee shall be two dollars per	19006
ton on and after that date, and if the fee that the district is so	19007
levying under that division exceeds four dollars per ton, the fee	19008
shall be four dollars per ton on and after that date. On that	19009
date, the fee levied by a district under division (B)(3) of this	19010
section shall be equal to the fee levied under division (B)(1) of	19011
this section. Except as otherwise provided in this division, the	19012
fees established by the operation of this amendment shall remain	19013
in effect until the district's resolution levying fees under this	19014
division is amended or repealed in accordance with this division	19015
to amend or abolish the schedule of fees, the schedule of fees is	19016
amended or abolished in an amended plan of the district approved	19017
under section 3734.521 or division (A) or (D) of section 3734.56	19018
of the Revised Code, or the schedule of fees is amended or	19019
abolished through an amendment to the district's plan under	19020
division (E) of section 3734.56 of the Revised Code; the	19021
notification of the amendment or abolishment of the fees has been	19022
given in accordance with this division; and collection of the	19023
amended fees so established commences, or collection of the fees	19024
ceases, in accordance with this division.	19025

The solid waste management policy committee of a district	19026
levying fees under divisions (B)(1) to (3) of this section on	19027
October 29, 1993, under its solid waste management plan approved	19028
under section 3734.55 of the Revised Code or a resolution adopted	19029
and ratified under this division that are within the ranges of	19030
rates prescribed by this amendment, by adoption of a resolution	19031
not later than December 1, 1993, and without the necessity for	19032
ratification of the resolution under this division, may amend	19033
those fees within the prescribed ranges, provided that the	19034
estimated revenues from the amended fees will not substantially	19035
exceed the estimated revenues set forth in the district's budget	19036
for calendar year 1994. Not later than seven days after the	19037
adoption of such a resolution, the committee shall notify by	19038
certified mail the owner or operator of each solid waste disposal	19039
facility that is required to collect the fees of the adoption of	19040
the resolution and of the amount of the amended fees. Collection	19041
of the amended fees shall take effect on the first day of the	19042
first month following the month in which the notification is sent	19043
to the owner or operator. The fees established in such a	19044
resolution shall remain in effect until the district's resolution	19045
levying fees that was adopted and ratified under this division is	19046
amended or repealed, and the amendment or repeal of the resolution	19047
is ratified, in accordance with this division, to amend or abolish	19048
the fees, the schedule of fees is amended or abolished in an	19049
amended plan of the district approved under section 3734.521 or	19050
division (A) or (D) of section 3734.56 of the Revised Code, or the	19051
schedule of fees is amended or abolished through an amendment to	19052
the district's plan under division (E) of section 3734.56 of the	19053
Revised Code; the notification of the amendment or abolishment of	19054
the fees has been given in accordance with this division; and	19055
collection of the amended fees so established commences, or	19056
collection of the fees ceases, in accordance with this division.	19057

Prior to the approval of the solid waste management plan of	19058
the district under section 3734.55 of the Revised Code, the solid	19059
waste management policy committee of a district may levy fees	19060
under this division by adopting a resolution establishing the	19061
proposed amount of the fees. Upon adopting the resolution, the	19062
committee shall deliver a copy of the resolution to the board of	19063
county commissioners of each county forming the district and to	19064
the legislative authority of each municipal corporation and	19065
township under the jurisdiction of the district and shall prepare	19066
and publish the resolution and a notice of the time and location	19067
where a public hearing on the fees will be held. Upon adopting	19068
the resolution, the committee shall deliver written notice of the	19069
adoption of the resolution; of the amount of the proposed fees;	19070
and of the date, time, and location of the public hearing to the	19071
director and to the fifty industrial, commercial, or institutional	19072
generators of solid wastes within the district that generate the	19073
largest quantities of solid wastes, as determined by the	19074
committee, and to their local trade associations. The committee	19075
shall make good faith efforts to identify those generators within	19076
the district and their local trade associations, but the	19077
nonprovision of notice under this division to a particular	19078
generator or local trade association does not invalidate the	19079
proceedings under this division. The publication shall occur at	19080
least thirty days before the hearing. After the hearing, the	19081
committee may make such revisions to the proposed fees as it	19082
considers appropriate and thereafter, by resolution, shall adopt	19083
the revised fee schedule. Upon adopting the revised fee schedule,	19084
the committee shall deliver a copy of the resolution doing so to	19085
the board of county commissioners of each county forming the	19086
district and to the legislative authority of each municipal	19087
corporation and township under the jurisdiction of the district.	19088
Within sixty days after the delivery of a copy of the resolution	19089
adopting the proposed revised fees by the policy committee, each	19090
such board and legislative authority, by ordinance or resolution,	19091
shall approve or disapprove the revised fees and deliver a copy of	19092
the ordinance or resolution to the committee. If any such board	19093
or legislative authority fails to adopt and deliver to the policy	19094
committee an ordinance or resolution approving or disapproving the	19095
revised fees within sixty days after the policy committee	19096
delivered its resolution adopting the proposed revised fees, it	19097
shall be conclusively presumed that the board or legislative	19098
authority has approved the proposed revised fees.	19099

In the case of a county district or a joint district formed	19100
by two or three counties, the committee shall declare the proposed	19101
revised fees to be ratified as the fee schedule of the district	19102
upon determining that the board of county commissioners of each	19103
county forming the district has approved the proposed revised fees	19104
and that the legislative authorities of a combination of municipal	19105
corporations and townships with a combined population within the	19106
district comprising at least sixty per cent of the total	19107
population of the district have approved the proposed revised	19108
fees, provided that in the case of a county district, that	19109
combination shall include the municipal corporation having the	19110
largest population within the boundaries of the district, and	19111
provided further that in the case of a joint district formed by	19112
two or three counties, that combination shall include for each	19113
county forming the joint district the municipal corporation having	19114
the largest population within the boundaries of both the county in	19115
which the municipal corporation is located and the joint district.	19116
In the case of a joint district formed by four or more counties,	19117
the committee shall declare the proposed revised fees to be	19118
ratified as the fee schedule of the joint district upon	19119
determining that the boards of county commissioners of a majority	19120
of the counties forming the district have approved the proposed	19121
revised fees; that, in each of a majority of the counties forming	19122
the joint district, the proposed revised fees have been approved	19123
by the municipal corporation having the largest population within	19124
the county and the joint district; and that the legislative	19125
authorities of a combination of municipal corporations and	19126
townships with a combined population within the joint district	19127
comprising at least sixty per cent of the total population of the	19128
joint district have approved the proposed revised fees.	19129

For the purposes of this division, only the population of the	19130
unincorporated area of a township shall be considered. For the	19131
purpose of determining the largest municipal corporation within	19132
each county under this division, a municipal corporation that is	19133
located in more than one solid waste management district, but that	19134
is under the jurisdiction of one county or joint solid waste	19135
management district in accordance with division (A) of section	19136
3734.52 of the Revised Code shall be considered to be within the	19137
boundaries of the county in which a majority of the population of	19138
the municipal corporation resides.	19139

The committee may amend the schedule of fees levied pursuant	19140
to a resolution or amended resolution adopted and ratified under	19141
this division by adopting a resolution establishing the proposed	19142
amount of the amended fees. The committee may abolish the fees	19143
levied pursuant to such a resolution or amended resolution by	19144
adopting a resolution proposing to repeal them. Upon adopting	19145
such a resolution, the committee shall proceed to obtain	19146
ratification of the resolution in accordance with this division.	19147

Not later than fourteen days after declaring the fees or	19148
amended fees to be ratified under this division, the committee	19149
shall notify by certified mail the owner or operator of each solid	19150
waste disposal facility that is required to collect the fees of	19151
the ratification and the amount of the fees. Collection of any	19152
fees or amended fees ratified on or after March 24, 1992, shall	19153
commence on the first day of the second month following the month	19154
in which notification is sent to the owner or operator.	19155

Not later than fourteen days after declaring the repeal of	19156
the district's schedule of fees to be ratified under this	19157
division, the committee shall notify by certified mail the owner	19158
or operator of each facility that is collecting the fees of the	19159
repeal. Collection of the fees shall cease on the first day of	19160
the second month following the month in which notification is sent	19161
to the owner or operator.	19162

Not later than fourteen days after the director issues an	19163
order approving a district's solid waste management plan under	19164
section 3734.55 of the Revised Code or amended plan under division	19165
(A) or (D) of section 3734.56 of the Revised Code that establishes	19166
or amends a schedule of fees levied by the district, or the	19167
ratification of an amendment to the district's approved plan or	19168
amended plan under division (E) of section 3734.56 of the Revised	19169
Code that establishes or amends a schedule of fees, as	19170
appropriate, the committee shall notify by certified mail the	19171
owner or operator of each solid waste disposal facility that is	19172
required to collect the fees of the approval of the plan or	19173
amended plan, or the amendment to the plan, as appropriate, and	19174
the amount of the fees or amended fees. In the case of an initial	19175
or amended plan approved under section 3734.521 of the Revised	19176
Code in connection with a change in district composition, other	19177
than one involving the withdrawal of a county from a joint	19178
district, that establishes or amends a schedule of fees levied	19179
under divisions (B)(1) to (3) of this section by a district	19180
resulting from the change, the committee, within fourteen days	19181
after the change takes effect pursuant to division (G) of that	19182
section, shall notify by certified mail the owner or operator of	19183
each solid waste disposal facility that is required to collect the	19184
fees that the change has taken effect and of the amount of the	19185
fees or amended fees. Collection of any fees set forth in a plan	19186
or amended plan approved by the director on or after April 16,	19187
1993, or an amendment of a plan or amended plan under division (E)	19188
of section 3734.56 of the Revised Code that is ratified on or	19189
after April 16, 1993, shall commence on the first day of the	19190
second month following the month in which notification is sent to	19191
the owner or operator.	19192

Not later than fourteen days after the director issues an	19193
order approving a district's plan under section 3734.55 of the	19194
Revised Code or amended plan under division (A) or (D) of section	19195
3734.56 of the Revised Code that abolishes the schedule of fees	19196
levied under divisions (B)(1) to (3) of this section, or an	19197
amendment to the district's approved plan or amended plan	19198
abolishing the schedule of fees is ratified pursuant to division	19199
(E) of section 3734.56 of the Revised Code, as appropriate, the	19200
committee shall notify by certified mail the owner or operator of	19201
each facility that is collecting the fees of the approval of the	19202
plan or amended plan, or the amendment of the plan or amended	19203
plan, as appropriate, and the abolishment of the fees. In the	19204
case of an initial or amended plan approved under section 3734.521	19205
of the Revised Code in connection with a change in district	19206
composition, other than one involving the withdrawal of a county	19207
from a joint district, that abolishes the schedule of fees levied	19208
under divisions (B)(1) to (3) of this section by a district	19209
resulting from the change, the committee, within fourteen days	19210
after the change takes effect pursuant to division (G) of that	19211
section, shall notify by certified mail the owner or operator of	19212
each solid waste disposal facility that is required to collect the	19213
fees that the change has taken effect and of the abolishment of	19214
the fees. Collection of the fees shall cease on the first day of	19215
the second month following the month in which notification is sent	19216
to the owner or operator.	19217

Except as otherwise provided in this division, if the	19218
schedule of fees that a district is levying under divisions (B)(1)	19219
to (3) of this section pursuant to a resolution or amended	19220
resolution adopted and ratified under this division, the solid	19221
waste management plan of the district approved under section	19222
3734.55 of the Revised Code, an amended plan approved under	19223
division (A) or (D) of section 3734.56 of the Revised Code, or an	19224
amendment to the district's approved plan or amended plan under	19225
division (E) of section 3734.56 of the Revised Code, is amended by	19226
the adoption and ratification of an amendment to the resolution or	19227
amended resolution or an amendment of the district's approved plan	19228
or amended plan, the fees in effect immediately prior to the	19229
approval of the plan or the amendment of the resolution, amended	19230
resolution, plan, or amended plan, as appropriate, shall continue	19231
to be collected until collection of the amended fees commences	19232
pursuant to this division.	19233

If, in the case of a change in district composition involving	19234
the withdrawal of a county from a joint district, the director	19235
completes the actions required under division (G)(1) or (3) of	19236
section 3734.521 of the Revised Code, as appropriate, forty-five	19237
days or more before the beginning of a calendar year, the policy	19238
committee of each of the districts resulting from the change that	19239
obtained the director's approval of an initial or amended plan in	19240
connection with the change, within fourteen days after the	19241
director's completion of the required actions, shall notify by	19242
certified mail the owner or operator of each solid waste disposal	19243
facility that is required to collect the district's fees that the	19244
change is to take effect on the first day of January immediately	19245
following the issuance of the notice and of the amount of the fees	19246
or amended fees levied under divisions (B)(1) to (3) of this	19247
section pursuant to the district's initial or amended plan as so	19248
approved or, if appropriate, the abolishment of the district's	19249
fees by that initial or amended plan. Collection of any fees set	19250
forth in such a plan or amended plan shall commence on the first	19251
day of January immediately following the issuance of the notice.	19252
If such an initial or amended plan abolishes a schedule of fees,	19253
collection of the fees shall cease on that first day of January.	19254

If, in the case of a change in district composition involving	19255
the withdrawal of a county from a joint district, the director	19256
completes the actions required under division (G)(1) or (3) of	19257
section 3734.521 of the Revised Code, as appropriate, less than	19258
forty-five days before the beginning of a calendar year, the	19259
director, on behalf of each of the districts resulting from the	19260
change that obtained the director's approval of an initial or	19261
amended plan in connection with the change proceedings, shall	19262
notify by certified mail the owner or operator of each solid waste	19263
disposal facility that is required to collect the district's fees	19264
that the change is to take effect on the first day of January	19265
immediately following the mailing of the notice and of the amount	19266
of the fees or amended fees levied under divisions (B)(1) to (3)	19267
of this section pursuant to the district's initial or amended plan	19268
as so approved or, if appropriate, the abolishment of the	19269
district's fees by that initial or amended plan. Collection of	19270
any fees set forth in such a plan or amended plan shall commence	19271
on the first day of the second month following the month in which	19272
notification is sent to the owner or operator. If such an initial	19273
or amended plan abolishes a schedule of fees, collection of the	19274
fees shall cease on the first day of the second month following	19275
the month in which notification is sent to the owner or operator.	19276

In the case of a change in district composition, the schedule	19277
of fees that the former districts that existed prior to the change	19278
were levying under divisions (B)(1) to (3) of this section	19279
pursuant to a resolution or amended resolution adopted and	19280
ratified under this division, the solid waste management plan of a	19281
former district approved under section 3734.521 or 3734.55 of the	19282
Revised Code, an amended plan approved under section 3734.521 or	19283
division (A) or (D) of section 3734.56 of the Revised Code, or an	19284
amendment to a former district's approved plan or amended plan	19285
under division (E) of section 3734.56 of the Revised Code, and	19286
that were in effect on the date that the director completed the	19287
actions required under division (G)(1) or (3) of section 3734.521	19288
of the Revised Code shall continue to be collected until the	19289
collection of the fees or amended fees of the districts resulting	19290
from the change is required to commence, or if an initial or	19291
amended plan of a resulting district abolishes a schedule of fees,	19292
collection of the fees is required to cease, under this division.	19293
Moneys so received from the collection of the fees of the former	19294
districts shall be divided among the resulting districts in	19295
accordance with division (B) of section 343.012 of the Revised	19296
Code and the agreements entered into under division (B) of section	19297
343.01 of the Revised Code to establish the former and resulting	19298
districts and any amendments to those agreements.	19299

For the purposes of the provisions of division (B) of this	19300
section establishing the times when newly established or amended	19301
fees levied by a district are required to commence and the	19302
collection of fees that have been amended or abolished is required	19303
to cease, "fees" or "schedule of fees" includes, in addition to	19304
fees levied under divisions (B)(1) to (3) of this section, those	19305
levied under section 3734.573 or 3734.574 of the Revised Code.	19306

(C) For the purposes of defraying the added costs to a	19307
municipal corporation or township of maintaining roads and other	19308
public facilities and of providing emergency and other public	19309
services, and compensating a municipal corporation or township for	19310
reductions in real property tax revenues due to reductions in real	19311
property valuations resulting from the location and operation of a	19312
solid waste disposal facility within the municipal corporation or	19313
township, a municipal corporation or township in which such a	19314
solid waste disposal facility is located may levy a fee of not	19315
more than twenty-five cents per ton on the disposal of solid	19316
wastes at a solid waste disposal facility located within the	19317
boundaries of the municipal corporation or township regardless of	19318
where the wastes were generated.	19319

The legislative authority of a municipal corporation or	19320
township may levy fees under this division by enacting an	19321
ordinance or adopting a resolution establishing the amount of the	19322
fees. Upon so doing the legislative authority shall mail a	19323
certified copy of the ordinance or resolution to the board of	19324
county commissioners or directors of the county or joint solid	19325
waste management district in which the municipal corporation or	19326
township is located or, if a regional solid waste management	19327
authority has been formed under section 343.011 of the Revised	19328
Code, to the board of trustees of that regional authority, the	19329
owner or operator of each solid waste disposal facility in the	19330
municipal corporation or township that is required to collect the	19331
fee by the ordinance or resolution, and the director of	19332
environmental protection. Although the fees levied under this	19333
division are levied on the basis of tons as the unit of	19334
measurement, the legislative authority, in its ordinance or	19335
resolution levying the fees under this division, may direct that	19336
the fees be levied on the basis of cubic yards as the unit of	19337
measurement based upon a conversion factor of three cubic yards	19338
per ton generally or one cubic yard per ton for baled wastes.	19339

Not later than five days after enacting an ordinance or	19340
adopting a resolution under this division, the legislative	19341
authority shall so notify by certified mail the owner or operator	19342
of each solid waste disposal facility that is required to collect	19343
the fee. Collection of any fee levied on or after March 24, 1992,	19344
shall commence on the first day of the second month following the	19345
month in which notification is sent to the owner or operator.	19346

(D)(1) The fees levied under divisions (A), (B), and (C) of	19347
this section do not apply to the disposal of solid wastes that:	19348

(a) Are disposed of at a facility owned by the generator of	19349
the wastes when the solid waste facility exclusively disposes of	19350
solid wastes generated at one or more premises owned by the	19351
generator regardless of whether the facility is located on a	19352
premises where the wastes are generated;	19353

(b) Are disposed of at facilities that exclusively dispose	19354
of wastes that are generated from the combustion of coal, or from	19355
the combustion of primarily coal in combination with scrap tires,	19356
that is not combined in any way with garbage at one or more	19357
premises owned by the generator.	19358

(2) Except as provided in section 3734.571 of the Revised	19359
Code, any fees levied under division (B)(1) of this section apply	19360
to solid wastes originating outside the boundaries of a county or	19361
joint district that are covered by an agreement for the joint use	19362
of solid waste facilities entered into under section 343.02 of the	19363
Revised Code by the board of county commissioners or board of	19364
directors of the county or joint district where the wastes are	19365
generated and disposed of.	19366

(3) When solid wastes, other than solid wastes that consist	19367
of scrap tires, are burned in a disposal facility that is an	19368
incinerator or energy recovery facility, the fees levied under	19369
divisions (A), (B), and (C) of this section shall be levied upon	19370
the disposal of the fly ash and bottom ash remaining after burning	19371
of the solid wastes and shall be collected by the owner or	19372
operator of the sanitary landfill where the ash is disposed of.	19373

(4) When solid wastes are delivered to a solid waste	19374
transfer facility, the fees levied under divisions (A), (B), and	19375
(C) of this section shall be levied upon the disposal of solid	19376
wastes transported off the premises of the transfer facility for	19377
disposal and shall be collected by the owner or operator of the	19378
solid waste disposal facility where the wastes are disposed of.	19379

(5) The fees levied under divisions (A), (B), and (C) of	19380
this section do not apply to sewage sludge that is generated by a	19381
waste water treatment facility holding a national pollutant	19382
discharge elimination system permit and that is disposed of	19383
through incineration, land application, or composting or at	19384
another resource recovery or disposal facility that is not a	19385
landfill.	19386

(6) The fees levied under divisions (A), (B), and (C) of	19387
this section do not apply to solid wastes delivered to a solid	19388
waste composting facility for processing. When any unprocessed	19389
solid waste or compost product is transported off the premises of	19390
a composting facility and disposed of at a landfill, the fees	19391
levied under divisions (A), (B), and (C) of this section shall be	19392
collected by the owner or operator of the landfill where the	19393
unprocessed waste or compost product is disposed of.	19394

(7) When solid wastes that consist of scrap tires are	19395
processed at a scrap tire recovery facility, the fees levied under	19396
divisions (A), (B), and (C) of this section shall be levied upon	19397
the disposal of the fly ash and bottom ash or other solid wastes	19398
remaining after the processing of the scrap tires and shall be	19399
collected by the owner or operator of the solid waste disposal	19400
facility where the ash or other solid wastes are disposed of.	19401

(E) The fees levied under divisions (B) and (C) of this	19402
section shall be collected by the owner or operator of the solid	19403
waste disposal facility where the wastes are disposed of as a	19404
trustee for the county or joint district and municipal corporation	19405
or township where the wastes are disposed of. Moneys from the	19406
fees levied under division (B) of this section shall be forwarded	19407
to the board of county commissioners or board of directors of the	19408
district in accordance with rules adopted under division (H) of	19409
this section. Moneys from the fees levied under division (C) of	19410
this section shall be forwarded to the treasurer or such other	19411
officer of the municipal corporation as, by virtue of the charter,	19412
has the duties of the treasurer or to the clerk of the township,	19413
as appropriate, in accordance with those rules.	19414

(F) Moneys received by the treasurer or such other officer	19415
of the municipal corporation under division (E) of this section	19416
shall be paid into the general fund of the municipal corporation.	19417
Moneys received by the clerk of the township under that division	19418
shall be paid into the general fund of the township. The	19419
treasurer or such other officer of the municipal corporation or	19420
the clerk, as appropriate, shall maintain separate records of the	19421
moneys received from the fees levied under division (C) of this	19422
section.	19423

(G) Moneys received by the board of county commissioners or	19424
board of directors under division (E) of this section or section	19425
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	19426
shall be paid to the county treasurer, or other official acting in	19427
a similar capacity under a county charter, in a county district or	19428
to the county treasurer or other official designated by the board	19429
of directors in a joint district and kept in a separate and	19430
distinct fund to the credit of the district. If a regional solid	19431
waste management authority has been formed under section 343.011	19432
of the Revised Code, moneys received by the board of trustees of	19433
that regional authority under division (E) of this section shall	19434
be kept by the board in a separate and distinct fund to the credit	19435
of the district. Moneys in the special fund of the county or	19436
joint district arising from the fees levied under division (B) of	19437
this section and the fee levied under division (A) of section	19438
3734.573 of the Revised Code shall be expended by the board of	19439
county commissioners or directors of the district in accordance	19440
with the district's solid waste management plan or amended plan	19441
approved under section 3734.521, 3734.55, or 3734.56 of the	19442
Revised Code exclusively for the following purposes:	19443

(1) Preparation of the solid waste management plan of the	19444
district under section 3734.54 of the Revised Code, monitoring	19445
implementation of the plan, and conducting the periodic review and	19446
amendment of the plan required by section 3734.56 of the Revised	19447
Code by the solid waste management policy committee;	19448

(2) Implementation of the approved solid waste management	19449
plan or amended plan of the district, including, without	19450
limitation, the development and implementation of solid waste	19451
recycling or reduction programs;	19452

(3) Providing financial assistance to boards of health	19453
within the district, if solid waste facilities are located within	19454
the district, for enforcement of this chapter and rules, orders,	19455
and terms and conditions of permits, licenses, and variances	19456
adopted or issued under it, other than the hazardous waste	19457
provisions of this chapter and rules adopted and orders and terms	19458
and conditions of permits issued under those provisions;	19459

(4) Providing financial assistance to each county within the	19460
district to defray the added costs of maintaining roads and other	19461
public facilities and of providing emergency and other public	19462
services resulting from the location and operation of a solid	19463
waste facility within the county under the district's approved	19464
solid waste management plan or amended plan;	19465

(5) Pursuant to contracts entered into with boards of health	19466
within the district, if solid waste facilities contained in the	19467
district's approved plan or amended plan are located within the	19468
district, for paying the costs incurred by those boards of health	19469
for collecting and analyzing samples from public or private water	19470
wells on lands adjacent to those facilities;	19471

(6) Developing and implementing a program for the inspection	19472
of solid wastes generated outside the boundaries of this state	19473
that are disposed of at solid waste facilities included in the	19474
district's approved solid waste management plan or amended plan;	19475

(7) Providing financial assistance to boards of health	19476
within the district for the enforcement of section 3734.03 of the	19477
Revised Code or to local law enforcement agencies having	19478
jurisdiction within the district for enforcing anti-littering laws	19479
and ordinances;	19480

(8) Providing financial assistance to boards of health of	19481
health districts within the district that are on the approved list	19482
under section 3734.08 of the Revised Code to defray the costs to	19483
the health districts for the participation of their employees	19484
responsible for enforcement of the solid waste provisions of this	19485
chapter and rules adopted and orders and terms and conditions of	19486
permits, licenses, and variances issued under those provisions in	19487
the training and certification program as required by rules	19488
adopted under division (L) of section 3734.02 of the Revised Code;	19489

(9) Providing financial assistance to individual municipal	19490
corporations and townships within the district to defray their	19491
added costs of maintaining roads and other public facilities and	19492
of providing emergency and other public services resulting from	19493
the location and operation within their boundaries of a	19494
composting, energy or resource recovery, incineration, or	19495
recycling facility that either is owned by the district or is	19496
furnishing solid waste management facility or recycling services	19497
to the district pursuant to a contract or agreement with the board	19498
of county commissioners or directors of the district;	19499

(10) Payment of any expenses that are agreed to, awarded, or	19500
ordered to be paid under section 3734.35 of the Revised Code and	19501
of any administrative costs incurred pursuant to that section. In	19502
the case of a joint solid waste management district, if the board	19503
of county commissioners of one of the counties in the district is	19504
negotiating on behalf of affected communities, as defined in that	19505
section, in that county, the board shall obtain the approval of	19506
the board of directors of the district in order to expend moneys	19507
for administrative costs incurred.	19508

Prior to the approval of the district's solid waste	19509
management plan under section 3734.55 of the Revised Code, moneys	19510
in the special fund of the district arising from the fees shall be	19511
expended for those purposes in the manner prescribed by the solid	19512
waste management policy committee by resolution.	19513

Notwithstanding division (G)(6) of this section as it existed	19514
prior to October 29, 1993, or any provision in a district's solid	19515
waste management plan prepared in accordance with division	19516
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	19517
prior to that date, any moneys arising from the fees levied under	19518
division (B)(3) of this section prior to January 1, 1994, may be	19519
expended for any of the purposes authorized in divisions (G)(1) to	19520
(10) of this section.	19521

(H) The director shall adopt rules in accordance with	19522
Chapter 119. of the Revised Code prescribing procedures for	19523
collecting and forwarding the fees levied under divisions (B) and	19524
(C) of this section to the boards of county commissioners or	19525
directors of county or joint solid waste management districts and	19526
to the treasurers or other officers of municipal corporations or	19527
to the clerks of townships. The rules also shall prescribe the	19528
dates for forwarding the fees to the boards and officials and may	19529
prescribe any other requirements the director considers necessary	19530
or appropriate to implement and administer divisions (A), (B), and	19531
(C) of this section. Collection of the fees levied under division	19532
(A)(1) of this section shall commence on July 1, 1993. Collection	19533
of the fees levied under division (A)(2) of this section shall	19534
commence on January 1, 1994.	19535

Sec. 3734.82.  (A) The annual fee for a scrap tire recovery	19536
facility license issued under section 3734.81 of the Revised Code	19537
shall be in accordance with the following schedule:	19538

For the purpose of determining the applicable license fee	19549
under this division, the daily design input capacity shall be the	19550
quantity of scrap tires the facility is designed to process daily	19551
as set forth in the registration certificate or permit for the	19552
facility, and any modifications to the permit, if applicable,	19553
issued under section 3734.78 of the Revised Code.	19554

(B) The annual fee for a scrap tire monocell or monofill	19555
facility license shall be in accordance with the following	19556
schedule:	19557

For the purpose of determining the applicable license fee	19565
under this division, the authorized maximum daily waste receipt	19566
shall be the maximum amount of scrap tires the facility is	19567
authorized to receive daily that is established in the permit for	19568
the facility, and any modification to that permit, issued under	19569
section 3734.77 of the Revised Code.	19570

(C)(1) Except as otherwise provided in division (C)(2) of	19571
this section, the annual fee for a scrap tire storage facility	19572
license shall equal one thousand dollars times the number of acres	19573
on which scrap tires are to be stored at the facility during the	19574
license year, as set forth on the application for the annual	19575
license, except that the total annual license fee for any such	19576
facility shall not exceed three thousand dollars.	19577

(2) The annual fee for a scrap tire storage facility license	19578
for a storage facility that is owned or operated by a motor	19579
vehicle salvage dealer licensed under Chapter 4738. of the Revised	19580
Code is one hundred dollars.	19581

(D)(1) Except as otherwise provided in division (D)(2) of	19582
this section, the annual fee for a scrap tire collection facility	19583
license is two hundred dollars.	19584

(2) The annual fee for a scrap tire collection facility	19585
license for a collection facility that is owned or operated by a	19586
motor vehicle salvage dealer licensed under Chapter 4738. of the	19587
Revised Code is fifty dollars.	19588

(E) Except as otherwise provided in divisions (C)(2) and	19589
(D)(2) of this section, the same fees apply to private operators	19590
and to the state and its political subdivisions and shall be paid	19591
within thirty days after the issuance of a license. The fees	19592
include the cost of licensing, all inspections, and other costs	19593
associated with the administration of the scrap tire provisions of	19594
this chapter and rules adopted under them. Each license shall	19595
specify that it is conditioned upon payment of the applicable fee	19596
to the board of health or the director of environmental	19597
protection, as appropriate, within thirty days after the issuance	19598
of the license.	19599

(F) The board of health shall retain fifteen thousand	19600
dollars of each license fee collected by the board under division	19601
(B) of this section, or the entire amount of any such fee that is	19602
less than fifteen thousand dollars, and the entire amount of each	19603
license fee collected by the board under divisions (A), (C), and	19604
(D) of this section. The moneys retained shall be paid into a	19605
special fund, which is hereby created in each health district, and	19606
used solely to administer and enforce the scrap tire provisions of	19607
this chapter and rules adopted under them. The remainder, if any,	19608
of each license fee collected by the board under division (B) of	19609
this section shall be transmitted to the director within	19610
forty-five days after receipt of the fee.	19611

(G) The director shall transmit the moneys received by the	19612
director from license fees collected under division (B) of this	19613
section to the treasurer of state to be credited to the scrap tire	19614
management fund, which is hereby created in the state treasury.	19615
The fund shall consist of all federal moneys received by the	19616
environmental protection agency for the scrap tire management	19617
program; all grants, gifts, and contributions made to the director	19618
for that program; and all other moneys that may be provided by law	19619
for that program. The director shall use moneys in the fund as	19620
follows:	19621

(1) Expend not more than seven hundred fifty thousand	19622
dollars during each fiscal year to implement, administer, and	19623
enforce the scrap tire provisions of this chapter and rules	19624
adopted under them;	19625

(2) For fiscal years 1998 and 1999, grant not more than one	19626
hundred fifty thousand dollars during each fiscal year to the	19627
polymer institute at the university of Akron for the purpose of	19628
expediting research concerning and evaluation of alternative	19629
methods of recycling scrap tires. The institute shall report to	19630
the director annually concerning research programs under review,	19631
and the results of scrap tire recycling experiments conducted, by	19632
or in conjunction with the institute. The university shall report	19633
to the director biennially concerning the expenditures of moneys	19634
received by the institute under division (G)(2) of this section.	19635

(3) During each fiscal year, request the director of budget	19636
and management to, and the director of budget and management	19637
shall, transfer one million dollars to the scrap tire loans and	19638
grants recycling fund created in section 166.032 1502.12 of the	19639
Revised Code for the purposes specified in that section;	19640

(4) Annually transfer to the central support indirect fund	19641
created in section 3745.014 of the Revised Code an amount equal to	19642
not more than twelve per cent of each fiscal year's appropriation	19643
to the scrap tire management fund.	19644

(H)(1) If, during a fiscal year, more than three million	19645
five hundred thousand dollars are credited to the scrap tire	19646
management fund, the director, at the conclusion of the fiscal	19647
year, shall request the director of budget and management to, and	19648
the director of budget and management shall, transfer to the scrap	19649
tire loans and grants fund one-half of the moneys credited to the	19650
scrap tire management fund in excess of that amount.	19651

(2) In each fiscal year, if more than three million five	19652
hundred thousand dollars are credited to the scrap tire management	19653
fund during the preceding fiscal year, the director shall expend	19654
during the current fiscal year one-half of that excess amount to	19655
conduct removal operations under section 3734.85 of the Revised	19656
Code.	19657

(3) Expend not more than three million dollars per year	19658
during fiscal years 2002 and 2003 to conduct removal actions under	19659
section 3734.85 of the Revised Code and to make grants to boards	19660
of health under section 3734.042 of the Revised Code. However,	19661
more than three million dollars may be expended in fiscal years	19662
2002 and 2003 for the purposes of division (G)(3) of this section	19663
if more moneys are collected from the fee levied under division	19664
(A)(2) of section 3734.901 of the Revised Code. During each	19665
subsequent fiscal year the director shall expend not more than	19666
four million five hundred thousand dollars to conduct removal	19667
actions under section 3734.85 of the Revised Code and to make	19668
grants to boards of health under section 3734.042 of the Revised	19669
Code. However, more than four million five hundred thousand	19670
dollars may be expended in a fiscal year for the purposes of	19671
division (G)(3) of this section if more moneys are collected from	19672
the fee levied under division (A)(2) of section 3734.901 of the	19673
Revised Code. The director shall request the approval of the	19674
controlling board prior to the use of the moneys to conduct	19675
removal actions under section 3734.85 of the Revised Code. The	19676
request shall be accompanied by a plan describing the removal	19677
actions to be conducted during the fiscal year and an estimate of	19678
the costs of conducting them. The controlling board shall approve	19679
the plan only if it finds that the proposed removal actions are in	19680
accordance with the priorities set forth in division (B) of	19681
section 3734.85 of the Revised Code and that the costs of	19682
conducting them are reasonable. Controlling board approval is not	19683
required for grants made to boards of health under section	19684
3734.042 of the Revised Code.	19685

(H) If, during a fiscal year, more than seven million	19686
dollars are credited to the scrap tire management fund, the	19687
director, at the conclusion of the fiscal year, shall request the	19688
director of budget and management to, and the director of budget	19689
and management shall, transfer one-half of those excess moneys to	19690
the scrap tire recycling fund. The director shall expend the	19691
remaining excess moneys in the scrap tire management fund to	19692
conduct removal actions under section 3734.85 of the Revised Code	19693
in accordance with the procedures established under division (I)	19694
of this section.	19695

(I) After the actions in divisions (G)(1) to (4)(3) and (H)	19696
of this section are completed during each prior fiscal year, the	19697
director may expend up to the balance remaining from prior fiscal	19698
years in the scrap tire management fund to conduct removal actions	19699
under section 3734.85 of the Revised Code. Prior to using any	19700
moneys in the fund for that purpose in a fiscal year, the director	19701
shall request the approval of the controlling board for that use	19702
of the moneys. The request shall be accompanied by a plan	19703
describing the removal actions to be conducted during the fiscal	19704
year and an estimate of the costs of conducting them. The	19705
controlling board shall approve the plan only if the board finds	19706
that the proposed removal actions are in accordance with the	19707
priorities set forth in division (B) of section 3734.85 of the	19708
Revised Code and that the costs of conducting them are reasonable.	19709

Sec. 3734.901.  (A)(1) For the purpose of providing revenue	19710
to defray the cost of administering and enforcing the scrap tire	19711
provisions of this chapter, rules adopted under those provisions,	19712
and terms and conditions of orders, variances, and licenses issued	19713
under those provisions; to abate accumulations of scrap tires; to	19714
make grants to promote research regarding alternative methods of	19715
recycling scrap tires and loans to promote the recycling or	19716
recovery of energy from scrap tires; and to defray the costs of	19717
administering and enforcing sections 3734.90 to 3734.9014 of the	19718
Revised Code, a fee of fifty cents per tire is hereby levied on	19719
the sale of tires. The fee is levied from the first day of the	19720
calendar month that begins next after thirty days from October 29,	19721
1993, through June 30, 2006.	19722

(2) There is hereby levied an additional fee of fifty cents	19723
per tire on the sale of tires the proceeds of which shall be	19724
deposited in the scrap tire management fund created in section	19725
3734.82 of the Revised Code and be used exclusively for the	19726
purposes specified in division (G)(3) of that section.	19727

(B) Only one sale of the same article shall be used in	19728
computing the amount of the fee due.	19729

Sec. 3745.014.  There is hereby created in the state treasury	19730
the central support indirect fund, which shall be administered by	19731
the director of environmental protection. Money credited to the	19732
fund shall be used for administrative costs of the environmental	19733
protection agency that are related to expenditures by the agency	19734
from funds of the general services fund group and the state	19735
special revenue fund group. The director may assess any operating	19736
funds of from which the agency within the general services fund	19737
group or the state special revenue fund group receives	19738
appropriations, except the central support indirect fund, for a	19739
share of the administrative costs of the agency. The assessments	19740
shall be paid from the general services funds and state special	19741
revenue funds designated by the director and amounts assessed	19742
shall be transferred to the central support indirect fund by means	19743
of intrastate transfer vouchers. The director, with the approval	19744
of the director of budget and management, shall determine the rate	19745
of assessments, which shall not exceed twelve per cent of the	19746
total fiscal year appropriation from any such fund for the fiscal	19747
year unless the controlling board approves a request from the	19748
director for a higher rate.	19749

Sec. 3745.04.  As used in this section, "any person" means	19750
any individual, any partnership, corporation, association, or	19751
other legal entity, or any political subdivision, instrumentality,	19752
or agency of a state, whether or not the individual or legal	19753
entity is an applicant for or holder of a license, permit, or	19754
variance from the environmental protection agency, and includes	19755
any department, agency, or instrumentality of the federal	19756
government that is an applicant for or holder of a license,	19757
permit, or variance from the environmental protection agency.	19758

As used in this section, "action" or "act" includes the	19759
adoption, modification, or repeal of a rule or standard, the	19760
issuance, modification, or revocation of any lawful order other	19761
than an emergency order, and the issuance, denial, modification,	19762
or revocation of a license, permit, lease, variance, or	19763
certificate, or the approval or disapproval of plans and	19764
specifications pursuant to law or rules adopted thereunder.	19765

Any person who was a party to a proceeding before the	19766
director of environmental protection may participate in an appeal	19767
to the environmental review appeals commission for an order	19768
vacating or modifying the action of the director of environmental	19769
protection or a local board of health, or ordering the director or	19770
board of health to perform an act. The environmental review	19771
appeals commission has exclusive original jurisdiction over any	19772
matter that may, under this section, be brought before it.	19773

The person so appealing to the commission shall be known as	19774
appellant, and the director and any party to a proceeding	19775
substantially supporting the finding from which the appeal is	19776
taken shall be known as appellee, except that when an appeal	19777
involves a license to operate a disposal site or facility, the	19778
local board of health or the director of environmental protection,	19779
and any party to a proceeding substantially supporting the finding	19780
from which the appeal is taken, shall, as appropriate, be known as	19781
the appellee. Appellant and appellee shall be deemed to be	19782
parties to the appeal.	19783

The appeal shall be in writing and shall set forth the action	19784
complained of and the grounds upon which the appeal is based.	19785

The appeal shall be filed with the commission within thirty	19786
days after notice of the action. Notice of the filing of the	19787
appeal shall be filed with the appellee within three days after	19788
the appeal is filed with the commission.	19789

The appeal shall be accompanied by a filing fee of forty	19790
sixty dollars, which the commission, in its discretion, may waive	19791
in cases of extreme hardship.	19792

Within seven days after receipt of the notice of appeal, the	19793
director or local board of health shall prepare and certify to the	19794
commission a record of the proceedings out of which the appeal	19795
arises, including all documents and correspondence, and a	19796
transcript of all testimony.	19797

Upon the filing of the appeal, the commission shall fix the	19798
time and place at which the hearing on the appeal will be held.	19799
The commission shall give the appellant and the appellee at least	19800
ten days' written notice thereof by certified mail. The	19801
commission shall hold the hearing within thirty days after the	19802
notice of appeal is filed. The commission may postpone or	19803
continue any hearing upon its own motion or upon application of	19804
the appellant or of the appellee.	19805

The filing of an appeal does not automatically suspend or	19806
stay execution of the action appealed from. Upon application by	19807
the appellant, the commission may suspend or stay such the	19808
execution pending immediate determination of the appeal without	19809
interruption by continuances, other than for unavoidable	19810
circumstances.	19811

As used in this section and sections 3745.05 and 3745.06 of	19812
the Revised Code, "director of environmental protection" and	19813
"director" are deemed to include the director of agriculture and	19814
"environmental protection agency" is deemed to include the	19815
department of agriculture with respect to actions that are	19816
appealable to the commission under Chapter 903. of the Revised	19817
Code.	19818

Sec. 3745.10. Not later than ten days after receipt of an	19819
application for a permit under Chapter 3704., 3734., 3746., or	19820
6111. of the Revised Code, the director of environmental	19821
protection shall send to the applicant written acknowledgement of	19822
receipt of the application. The written acknowledgement shall	19823
contain a statement indicating either that the application	19824
contains all of the necessary information or the application is	19825
incomplete. If the application is incomplete, the written	19826
acknowledgement also shall provide a description of the	19827
information that is missing from the application.	19828

If the director fails to comply with this section, the	19829
director shall waive the applicant's application fee.	19830

Sec. 3745.11.  (A) Applicants for and holders of permits,	19831
licenses, variances, plan approvals, and certifications issued by	19832
the director of environmental protection pursuant to Chapters	19833
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	19834
to the environmental protection agency for each such issuance and	19835
each application for an issuance as provided by this section. No	19836
fee shall be charged for any issuance for which no application has	19837
been submitted to the director.	19838

(B) Prior to January 1, 1994, each person issued a permit to	19839
operate, variance, or permit to install under section 3704.03 of	19840
the Revised Code shall pay the fees specified in the following	19841
schedule:	19842

(1) Fuel-Burning Equipment

19843

Any fuel-burning equipment using only natural gas, propane,	19852
liquefied petroleum gas, or number two or lighter fuel oil shall	19853
be assessed a fee one-half of that shown.	19854

(2) Incinerators

19855

(3) Process

19864

In any process where process weight rate cannot be	19873
ascertained, the minimum fee shall be assessed.	19874

(4) Storage tanks

19875

(5) Gasoline

19887

(6) Dry cleaning

19893

(7) Coal mining operations regulated under Chapter 1513. of	19899
the Revised Code shall be assessed a fee of two hundred fifty	19900
dollars per mine or location.	19901

(C)(1) Except as otherwise provided in division (C)(2) of	19902
this section, beginning July 1, 1994, each person who owns or	19903
operates an air contaminant source and who is required to apply	19904
for and obtain a Title V permit under section 3704.036 of the	19905
Revised Code shall pay the fees set forth in division (C)(1) of	19906
this section. For the purposes of that division, total emissions	19907
of air contaminants may be calculated using engineering	19908
calculations, emissions factors, material balance calculations, or	19909
performance testing procedures, as authorized by the director.	19910

The following fees shall be assessed on the total actual	19911
emissions from a source in tons per year of the regulated	19912
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	19913
organic compounds, and lead:	19914

(a) Fifteen dollars per ton on the total actual emissions of	19915
each such regulated pollutant during the period July through	19916
December 1993, to be collected no sooner than July 1, 1994;	19917

(b) Twenty dollars per ton on the total actual emissions of	19918
each such regulated pollutant during calendar year 1994, to be	19919
collected no sooner than April 15, 1995;	19920

(c) Twenty-five dollars per ton on the total actual	19921
emissions of each such regulated pollutant in calendar year 1995,	19922
and each subsequent calendar year, to be collected no sooner than	19923
the fifteenth day of April of the year next succeeding the	19924
calendar year in which the emissions occurred.	19925

The fees levied under division (C)(1) of this section do not	19926
apply to that portion of the emissions of a regulated pollutant at	19927
a facility that exceed four thousand tons during a calendar year.	19928

(2) The fees assessed under division (C)(1) of this section	19929
are for the purpose of providing funding for the Title V permit	19930
program.	19931

(3) The fees assessed under division (C)(1) of this section	19932
do not apply to emissions from any electric generating unit	19933
designated as a Phase I unit under Title IV of the federal Clean	19934
Air Act prior to calendar year 2000. Those fees shall be assessed	19935
on the emissions from such a generating unit commencing in	19936
calendar year 2001 based upon the total actual emissions from the	19937
generating unit during calendar year 2000 and shall continue to be	19938
assessed each subsequent calendar year based on the total actual	19939
emissions from the generating unit during the preceding calendar	19940
year.	19941

(4) The director shall issue invoices to owners or operators	19942
of air contaminant sources who are required to pay a fee assessed	19943
under division (C) or (D) of this section. Any such invoice shall	19944
be issued no sooner than the applicable date when the fee first	19945
may be collected in a year under the applicable division, shall	19946
identify the nature and amount of the fee assessed, and shall	19947
indicate that the fee is required to be paid within thirty days	19948
after the issuance of the invoice.	19949

(D)(1) Except as provided in division (D)(2) of this	19950
section, beginning January 1, 1994, each person who owns or	19951
operates an air contaminant source; who is required to apply for a	19952
permit to operate pursuant to rules adopted under division (G), or	19953
a variance pursuant to division (H), of section 3704.03 of the	19954
Revised Code; and who is not required to apply for and obtain a	19955
Title V permit under section 3704.036 of the Revised Code shall	19956
pay a single fee based upon the sum of the actual annual emissions	19957
from the facility of the regulated pollutants particulate matter,	19958
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	19959
accordance with the following schedule:	19960

(2)(a) As used in division (D) of this section, "synthetic	19967
minor facility" means a facility for which one or more permits to	19968
install or permits to operate have been issued for the air	19969
contaminant sources at the facility that include terms and	19970
conditions that lower the facility's potential to emit air	19971
contaminants below the major source thresholds established in	19972
rules adopted under section 3704.036 of the Revised Code.	19973

(b) Beginning January 1, 2000, through June 30, 2001 2004,	19974
each person who owns or operates a synthetic minor facility shall	19975
pay an annual fee based on the sum of the actual annual emissions	19976
from the facility of particulate matter, sulfur dioxide, nitrogen	19977
dioxide, organic compounds, and lead in accordance with the	19978
following schedule:	19979

(3) The fees assessed under division (D)(1) of this section	19994
shall be collected annually no sooner than the fifteenth day of	19995
April, commencing in 1995. The fees assessed under division	19996
(D)(2) of this section shall be collected no sooner than the	19997
fifteenth day of April, commencing in 2000, and shall continue	19998
through June 30, 2001. The fees assessed under division (D) of	19999
this section in a calendar year shall be based upon the sum of the	20000
actual emissions of those regulated pollutants during the	20001
preceding calendar year. For the purpose of division (D) of this	20002
section, emissions of air contaminants may be calculated using	20003
engineering calculations, emission factors, material balance	20004
calculations, or performance testing procedures, as authorized by	20005
the director. The director, by rule, may require persons who are	20006
required to pay the fees assessed under division (D) of this	20007
section to pay those fees biennially rather than annually.	20008

(E)(1) Consistent with the need to cover the reasonable	20009
costs of the Title V permit program, the director annually shall	20010
increase the fees prescribed in division (C)(1) of this section by	20011
the percentage, if any, by which the consumer price index for the	20012
most recent calendar year ending before the beginning of a year	20013
exceeds the consumer price index for calendar year 1989. Upon	20014
calculating an increase in fees authorized by division (E)(1) of	20015
this section, the director shall compile revised fee schedules for	20016
the purposes of division (C)(1) of this section and shall make the	20017
revised schedules available to persons required to pay the fees	20018
assessed under that division and to the public.	20019

(2) For the purposes of division (E)(1) of this section:

20020

(a) The consumer price index for any year is the average of	20021
the consumer price index for all urban consumers published by the	20022
United States department of labor as of the close of the	20023
twelve-month period ending on the thirty-first day of August of	20024
that year;.	20025

(b) If the 1989 consumer price index is revised, the	20026
director shall use the revision of the consumer price index that	20027
is most consistent with that for calendar year 1989.	20028

(F) Each person who is issued a permit to install pursuant	20029
to rules adopted under division (F) of section 3704.03 of the	20030
Revised Code on or after January 1, 1994, shall pay the fees	20031
specified in the following schedules:	20032

(1) Fuel-burning equipment (boilers)

20033

Units burning exclusively natural gas, number two fuel oil,	20043
or both shall be assessed a fee that is one-half the applicable	20044
amount shown in division (F)(1) of this section.	20045

(2) Incinerators

20046

(3)(a) Process

20053

In any process where process weight rate cannot be	20060
ascertained, the minimum fee shall be assessed.	20061

(b) Notwithstanding division (F)(3)(a) of this section, any	20062
person issued a permit to install pursuant to rules adopted under	20063
division (F) of section 3704.03 of the Revised Code shall pay the	20064
fees set forth in division (F)(3)(c) of this section for a process	20065
used in any of the following industries, as identified by the	20066
applicable four-digit standard industrial classification code	20067
according to the Standard Industrial Classification Manual	20068
published by the United States office of management and budget in	20069
the executive office of the president, 1972, as revised:	20070

1211 Bituminous coal and lignite mining;

20071

1213 Bituminous coal and lignite mining services;

20072

1411 Dimension stone;

20073

1422 Crushed and broken limestone;

20074

1427 Crushed and broken stone, not elsewhere classified;

20075

1442 Construction sand and gravel;

20076

1446 Industrial sand;

20077

3281 Cut stone and stone products;

20078

3295 Minerals and earth, ground or otherwise treated.

20079

(c) The fees set forth in the following schedule apply to	20080
the issuance of a permit to install pursuant to rules adopted	20081
under division (F) of section 3704.03 of the Revised Code for a	20082
process identified in division (F)(3)(b) of this section:	20083

(4) Storage tanks

20093

(5) Gasoline/fuel dispensing facilities

20102

(6) Dry cleaning facilities

20105

(7) Registration status

20109

(G) An owner or operator who is responsible for an asbestos	20112
demolition or renovation project pursuant to rules adopted under	20113
section 3704.03 of the Revised Code shall pay the fees set forth	20114
in the following schedule:	20115

For purposes of this division, "unit" means any combination of	20120
linear feet or square feet equal to fifty.	20121

(H) A person who is issued an extension of time for a permit	20122
to install an air contaminant source pursuant to rules adopted	20123
under division (F) of section 3704.03 of the Revised Code shall	20124
pay a fee equal to one-half the fee originally assessed for the	20125
permit to install under this section, except that the fee for such	20126
an extension shall not exceed two hundred dollars.	20127

(I) A person who is issued a modification to a permit to	20128
install an air contaminant source pursuant to rules adopted under	20129
section 3704.03 of the Revised Code shall pay a fee equal to	20130
one-half of the fee that would be assessed under this section to	20131
obtain a permit to install the source. The fee assessed by this	20132
division only applies to modifications that are initiated by the	20133
owner or operator of the source and shall not exceed two thousand	20134
dollars.	20135

(J) Notwithstanding division (B) or (F) of this section, a	20136
person who applies for or obtains a permit to install pursuant to	20137
rules adopted under division (F) of section 3704.03 of the Revised	20138
Code after the date actual construction of the source began shall	20139
pay a fee for the permit to install that is equal to twice the fee	20140
that otherwise would be assessed under the applicable division	20141
unless the applicant received authorization to begin construction	20142
under division (W) of section 3704.03 of the Revised Code. This	20143
division only applies to sources for which actual construction of	20144
the source begins on or after July 1, 1993. The imposition or	20145
payment of the fee established in this division does not preclude	20146
the director from taking any administrative or judicial	20147
enforcement action under this chapter, Chapter 3704., 3714.,	20148
3734., or 6111. of the Revised Code, or a rule adopted under any	20149
of them, in connection with a violation of rules adopted under	20150
division (F) of section 3704.03 of the Revised Code.	20151

As used in this division, "actual construction of the source"	20152
means the initiation of physical on-site construction activities	20153
in connection with improvements to the source that are permanent	20154
in nature, including, without limitation, the installation of	20155
building supports and foundations and the laying of underground	20156
pipework.	20157

(K) Fifty cents per ton of each fee assessed under division	20158
(C) of this section on actual emissions from a source and received	20159
by the environmental protection agency pursuant to that division	20160
shall be deposited into the state treasury to the credit of the	20161
small business assistance fund created in section 3706.19 of the	20162
Revised Code. The remainder of the moneys received by the	20163
division pursuant to that division and moneys received by the	20164
agency pursuant to divisions (D), (F), (G), (H), (I), and (J) of	20165
this section shall be deposited in the state treasury to the	20166
credit of the clean air fund created in section 3704.035 of the	20167
Revised Code.	20168

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	20169
or (c) of this section, a person issued a water discharge permit	20170
or renewal of a water discharge permit pursuant to Chapter 6111.	20171
of the Revised Code shall pay a fee based on each point source to	20172
which the issuance is applicable in accordance with the following	20173
schedule:	20174

(b) Notwithstanding the fee schedule specified in division	20182
(L)(1)(a) of this section, the fee for a water discharge permit	20183
that is applicable to coal mining operations regulated under	20184
Chapter 1513. of the Revised Code shall be two hundred fifty	20185
dollars per mine.	20186

(c) Notwithstanding the fee schedule specified in division	20187
(L)(1)(a) of this section, the fee for a water discharge permit	20188
for a public discharger identified by I in the third character of	20189
the permittee's NPDES permit number shall not exceed seven hundred	20190
fifty dollars.	20191

(2) A person applying for a plan approval for a wastewater	20192
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	20193
of the Revised Code shall pay a fee of one hundred dollars plus	20194
sixty-five one-hundredths of one per cent of the estimated project	20195
cost through June 30, 2002 2004, and one hundred dollars plus	20196
two-tenths of one per cent of the estimated project cost on and	20197
after July 1, 2002 2004, except that the total fee shall not	20198
exceed fifteen thousand dollars through June 30, 2002 2004, and	20199
five thousand dollars on and after July 1, 2002 2004. The fee	20200
shall be paid at the time the application is submitted.	20201

(3) A person issued a modification of a water discharge	20202
permit shall pay a fee equal to one-half the fee that otherwise	20203
would be charged for a water discharge permit, except that the fee	20204
for the modification shall not exceed four hundred dollars.	20205

(4) A person who has entered into an agreement with the	20206
director under section 6111.14 of the Revised Code shall pay an	20207
administrative service fee for each plan submitted under that	20208
section for approval that shall not exceed the minimum amount	20209
necessary to pay administrative costs directly attributable to	20210
processing plan approvals. The director annually shall calculate	20211
the fee and shall notify all persons who have entered into	20212
agreements under that section, or who have applied for agreements,	20213
of the amount of the fee.	20214

(5)(a)(i) Not later than January 30, 2000 2002, and January	20215
30, 2001 2003, a person holding an NPDES discharge permit issued	20216
pursuant to Chapter 6111. of the Revised Code with an average	20217
daily discharge flow of five thousand gallons or more shall pay a	20218
nonrefundable annual discharge fee. Any person who fails to pay	20219
the fee at that time shall pay an additional amount that equals	20220
ten per cent of the required annual discharge fee.	20221

(ii) The billing year for the annual discharge fee	20222
established in division (L)(5)(a)(i) of this section shall consist	20223
of a twelve-month period beginning on the first day of January of	20224
the year preceding the date when the annual discharge fee is due.	20225
In the case of an existing source that permanently ceases to	20226
discharge during a billing year, the director shall reduce the	20227
annual discharge fee, including the surcharge applicable to	20228
certain industrial facilities pursuant to division (L)(5)(c) of	20229
this section, by one-twelfth for each full month during the	20230
billing year that the source was not discharging, but only if the	20231
person holding the NPDES discharge permit for the source notifies	20232
the director in writing, not later than the first day of October	20233
of the billing year, of the circumstances causing the cessation of	20234
discharge.	20235

(iii) The annual discharge fee established in division	20236
(L)(5)(a)(i) of this section, except for the surcharge applicable	20237
to certain industrial facilities pursuant to division (L)(5)(c) of	20238
this section, shall be based upon the average daily discharge flow	20239
in gallons per day calculated using first day of May through	20240
thirty-first day of October flow data for the period two years	20241
prior to the date on which the fee is due. In the case of NPDES	20242
discharge permits for new sources, the fee shall be calculated	20243
using the average daily design flow of the facility until actual	20244
average daily discharge flow values are available for the time	20245
period specified in division (L)(5)(a)(iii) of this section. The	20246
annual discharge fee may be prorated for a new source as described	20247
in division (L)(5)(a)(ii) of this section.	20248

(b) An NPDES permit holder that is a public discharger shall	20249
pay the fee specified in the following schedule:	20250

Public dischargers owning or operating two or more publicly	20265
owned treatment works serving the same political subdivision, as	20266
"treatment works" is defined in section 6111.01 of the Revised	20267
Code, and that serve exclusively political subdivisions having a	20268
population of fewer than one hundred thousand shall pay an annual	20269
discharge fee under division (L)(5)(b) of this section that is	20270
based on the combined average daily discharge flow of the	20271
treatment works.	20272

(C)(c) An NPDES permit holder that is an industrial	20273
discharger, other than a coal mining operator identified by P in	20274
the third character of the permittee's NPDES permit number, shall	20275
pay the fee specified in the following schedule:	20276

In addition to the fee specified in the above schedule, an	20290
NPDES permit holder that is an industrial discharger classified as	20291
a major discharger during all or part of the annual discharge fee	20292
billing year specified in division (L)(5)(a)(ii) of this section	20293
shall pay a nonrefundable annual surcharge of six thousand seven	20294
hundred fifty dollars not later than January 30, 2000, and a	20295
nonrefundable annual surcharge of seven thousand five hundred	20296
dollars not later than January 30, 2001 2002, and not later than	20297
January 30, 2003. Any person who fails to pay the surcharge at	20298
that time shall pay an additional amount that equals ten per cent	20299
of the amount of the surcharge.	20300

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	20301
section, a public discharger identified by I in the third	20302
character of the permittee's NPDES permit number and an industrial	20303
discharger identified by I, J, L, V, W, X, Y, or Z in the third	20304
character of the permittee's NPDES permit number shall pay a	20305
nonrefundable annual discharge fee of one hundred eighty dollars	20306
not later than January 30, 2000 2002, and not later than January	20307
30, 2001 2003. Any person who fails to pay the fee at that time	20308
shall pay an additional amount that equals ten per cent of the	20309
required fee.	20310

(6) Each person obtaining a national pollutant discharge	20311
elimination system general or individual permit for municipal	20312
storm water discharge shall pay a nonrefundable storm water	20313
discharge fee of one hundred dollars per square mile of area	20314
permitted. The fee shall not exceed ten thousand dollars and	20315
shall be payable on or before January 30, 2004, and the thirtieth	20316
day of January of each year thereafter. Any person who fails to	20317
pay the fee on the date specified in division (L)(6) of this	20318
section shall pay an additional amount per year equal to ten per	20319
cent of the annual fee that is unpaid.	20320

(7) The director shall transmit all moneys collected under	20321
division (L) of this section to the treasurer of state for deposit	20322
into the state treasury to the credit of the surface water	20323
protection fund created in section 6111.038 of the Revised Code.	20324

(7)(8) As used in division (L) of this section:

20325

(a) "NPDES" means the federally approved national pollutant	20326
discharge elimination system program for issuing, modifying,	20327
revoking, reissuing, terminating, monitoring, and enforcing	20328
permits and imposing and enforcing pretreatment requirements under	20329
Chapter 6111. of the Revised Code and rules adopted under it.	20330

(b) "Public discharger" means any holder of an NPDES permit	20331
identified by P in the second character of the NPDES permit number	20332
assigned by the director.	20333

(c) "Industrial discharger" means any holder of an NPDES	20334
permit identified by I in the second character of the NPDES permit	20335
number assigned by the director.	20336

(d) "Major discharger" means any holder of an NPDES permit	20337
classified as major by the regional administrator of the United	20338
States environmental protection agency in conjunction with the	20339
director.	20340

(M) Through June 30, 2002 2004, a person applying for a	20341
license or license renewal to operate a public water system under	20342
section 6109.21 of the Revised Code shall pay the appropriate fee	20343
established under this division at the time of application to the	20344
director. Any person who fails to pay the fee at that time shall	20345
pay an additional amount that equals ten per cent of the required	20346
fee. The director shall transmit all moneys collected under this	20347
division to the treasurer of state for deposit into the drinking	20348
water protection fund created in section 6109.30 of the Revised	20349
Code.	20350

Fees required under this division shall be calculated and	20351
paid in accordance with the following schedule:	20352

(1) For the initial license required under division (A)(1)	20353
of section 6109.21 of the Revised Code for any public water system	20354
that is a community water system as defined in section 6109.01 of	20355
the Revised Code, and for each license renewal required for such a	20356
system prior to January 31, 2002 2004, the fee is:	20357

A public water system may determine how it will pay the total	20373
amount of the fee calculated under division (M)(1) of this	20374
section, including the assessment of additional user fees that may	20375
be assessed on a volumetric basis.	20376

As used in division (M)(1) of this section, "service	20377
connection" means the number of active or inactive pipes,	20378
goosenecks, pigtails, and any other fittings connecting a water	20379
main to any building outlet.	20380

(2) For the initial license required under division (A)(2)	20381
of section 6109.21 of the Revised Code for any public water system	20382
that is not a community water system and serves a nontransient	20383
population, and for each license renewal required for such a	20384
system prior to January 31, 2002 2004, the fee is:	20385

As used in division (M)(2) of this section, "population	20397
served" means the total number of individuals receiving water from	20398
the water supply during a twenty-four-hour period for at least	20399
sixty days during any calendar year. In the absence of a specific	20400
population count, that number shall be calculated at the rate of	20401
three individuals per service connection.	20402

(3) For the initial license required under division (A)(3)	20403
of section 6109.21 of the Revised Code for any public water system	20404
that is not a community water system and serves a transient	20405
population, and for each license renewal required for such a	20406
system prior to January 31, 2002 2004, the fee is:	20407

As used in division (M)(3) of this section, "number of wells	20416
supplying system" means those wells that are physically connected	20417
to the plumbing system serving the public water system.	20418

(N)(1) A person applying for a plan approval for a public	20419
water supply system under section 6109.07 of the Revised Code	20420
shall pay a fee of one hundred dollars plus two-tenths of one per	20421
cent of the estimated project cost, except that the total fee	20422
shall not exceed fifteen thousand dollars through June 30, 2002	20423
2004, and five thousand dollars on and after July 1, 2002 2004.	20424
The fee shall be paid at the time the application is submitted.	20425

(2) A person who has entered into an agreement with the	20426
director under division (A)(2) of section 6109.07 of the Revised	20427
Code shall pay an administrative service fee for each plan	20428
submitted under that section for approval that shall not exceed	20429
the minimum amount necessary to pay administrative costs directly	20430
attributable to processing plan approvals. The director annually	20431
shall calculate the fee and shall notify all persons that have	20432
entered into agreements under that division, or who have applied	20433
for agreements, of the amount of the fee.	20434

(3) Through June 30, 2002 2004, the following fee, on a per	20435
survey basis, shall be charged any person for services rendered by	20436
the state in the evaluation of laboratories and laboratory	20437
personnel for compliance with accepted analytical techniques and	20438
procedures established pursuant to Chapter 6109. of the Revised	20439
Code for determining the qualitative characteristics of water:	20440

On and after July 1, 2002 2004, the following fee, on a per	20446
survey basis, shall be charged any such person:	20447

The fee for those services shall be paid at the time the request	20451
for the survey is made. Through June 30, 2002 2004, an individual	20452
laboratory shall not be assessed a fee under this division more	20453
than once in any three-year period.	20454

The director shall transmit all moneys collected under this	20455
division to the treasurer of state for deposit into the drinking	20456
water protection fund created in section 6109.30 of the Revised	20457
Code.	20458

(O) Any person applying to the director for examination for	20459
certification as an operator of a water supply system or	20460
wastewater system under Chapter 6109. or 6111. of the Revised	20461
Code, at the time the application is submitted, shall pay an	20462
application fee of twenty-five dollars through June 30, 2002 2004,	20463
and ten dollars on and after July 1, 2002 2004. Upon approval	20464
from the director that the applicant is eligible to take the	20465
examination therefor, the applicant shall pay a fee in accordance	20466
with the following schedule through June 30, 2002 2004:	20467

On and after July 1, 2002 2004, the applicant shall pay a fee	20472
in accordance with the following schedule:	20473

The director shall transmit all moneys collected under this	20478
division to the treasurer of state for deposit into the drinking	20479
water protection fund created in section 6109.30 of the Revised	20480
Code.	20481

(P) Through June 30, 2002 2004, any person submitting an	20482
application for an industrial water pollution control certificate	20483
under section 6111.31 of the Revised Code shall pay a	20484
nonrefundable fee of five hundred dollars at the time the	20485
application is submitted. The director shall transmit all moneys	20486
collected under this division to the treasurer of state for	20487
deposit into the surface water protection fund created in section	20488
6111.038 of the Revised Code. A person paying a certificate fee	20489
under this division shall not pay an application fee under	20490
division (S)(1) of this section.	20491

(Q) Except as otherwise provided in division (R) of this	20492
section, a person issued a permit by the director for a new solid	20493
waste disposal facility other than an incineration or composting	20494
facility, a new infectious waste treatment facility other than an	20495
incineration facility, or a modification of such an existing	20496
facility that includes an increase in the total disposal or	20497
treatment capacity of the facility pursuant to Chapter 3734. of	20498
the Revised Code shall pay a fee of ten dollars per thousand cubic	20499
yards of disposal or treatment capacity, or one thousand dollars,	20500
whichever is greater, except that the total fee for any such	20501
permit shall not exceed eighty thousand dollars. A person issued	20502
a modification of a permit for a solid waste disposal facility or	20503
an infectious waste treatment facility that does not involve an	20504
increase in the total disposal or treatment capacity of the	20505
facility shall pay a fee of one thousand dollars. A person issued	20506
a permit to install a new, or modify an existing, solid waste	20507
transfer facility under that chapter shall pay a fee of two	20508
thousand five hundred dollars. A person issued a permit to	20509
install a new or to modify an existing solid waste incineration or	20510
composting facility, or an existing infectious waste treatment	20511
facility using incineration as its principal method of treatment,	20512
under that chapter shall pay a fee of one thousand dollars. The	20513
increases in the permit fees under this division resulting from	20514
the amendments made by Amended Substitute House Bill 592 of the	20515
117th general assembly do not apply to any person who submitted an	20516
application for a permit to install a new, or modify an existing,	20517
solid waste disposal facility under that chapter prior to	20518
September 1, 1987; any such person shall pay the permit fee	20519
established in this division as it existed prior to June 24, 1988.	20520
In addition to the applicable permit fee under this division, a	20521
person issued a permit to install or modify a solid waste facility	20522
or an infectious waste treatment facility under that chapter who	20523
fails to pay the permit fee to the director in compliance with	20524
division (V) of this section shall pay an additional ten per cent	20525
of the amount of the fee for each week that the permit fee is	20526
late.	20527

Permit and late payment fees paid to the director under this	20528
division shall be credited to the general revenue fund.	20529

(R)(1) A person issued a registration certificate for a	20530
scrap tire collection facility under section 3734.75 of the	20531
Revised Code shall pay a fee of two hundred dollars, except that	20532
if the facility is owned or operated by a motor vehicle salvage	20533
dealer licensed under Chapter 4738. of the Revised Code, the	20534
person shall pay a fee of twenty-five dollars.	20535

(2) A person issued a registration certificate for a new	20536
scrap tire storage facility under section 3734.76 of the Revised	20537
Code shall pay a fee of three hundred dollars, except that if the	20538
facility is owned or operated by a motor vehicle salvage dealer	20539
licensed under Chapter 4738. of the Revised Code, the person shall	20540
pay a fee of twenty-five dollars.	20541

(3) A person issued a permit for a scrap tire storage	20542
facility under section 3734.76 of the Revised Code shall pay a fee	20543
of one thousand dollars, except that if the facility is owned or	20544
operated by a motor vehicle salvage dealer licensed under Chapter	20545
4738. of the Revised Code, the person shall pay a fee of fifty	20546
dollars.	20547

(4) A person issued a permit for a scrap tire monocell or	20548
monofill facility under section 3734.77 of the Revised Code shall	20549
pay a fee of ten dollars per thousand cubic yards of disposal	20550
capacity or one thousand dollars, whichever is greater, except	20551
that the total fee for any such permit shall not exceed eighty	20552
thousand dollars.	20553

(5) A person issued a registration certificate for a scrap	20554
tire recovery facility under section 3734.78 of the Revised Code	20555
shall pay a fee of one hundred dollars.	20556

(6) A person issued a permit for a scrap tire recovery	20557
facility under section 3734.78 of the Revised Code shall pay a fee	20558
of one thousand dollars.	20559

(7) In addition to the applicable registration certificate	20560
or permit fee under divisions (R)(1) to (6) of this section, a	20561
person issued a registration certificate or permit for any such	20562
scrap tire facility who fails to pay the registration certificate	20563
or permit fee to the director in compliance with division (V) of	20564
this section shall pay an additional ten per cent of the amount of	20565
the fee for each week that the fee is late.	20566

(8) The registration certificate, permit, and late payment	20567
fees paid to the director under divisions (R)(1) to (7) of this	20568
section shall be credited to the scrap tire management fund	20569
created in section 3734.82 of the Revised Code.	20570

(S)(1) Except as provided by divisions (L), (M), (N), (O),	20571
(P), and (S)(2) of this section, division (A)(2) of section	20572
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	20573
and rules adopted under division (T)(1) of this section, any	20574
person applying for a registration certificate under section	20575
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	20576
variance, or plan approval under Chapter 3734. of the Revised Code	20577
shall pay a nonrefundable fee of fifteen dollars at the time the	20578
application is submitted.	20579

Except as otherwise provided, any person applying for a	20580
permit, variance, or plan approval under Chapter 6109. or 6111. of	20581
the Revised Code shall pay a nonrefundable fee of one hundred	20582
dollars at the time the application is submitted through June 30,	20583
2002 2004, and a nonrefundable fee of fifteen dollars at the time	20584
the application is submitted on and after July 1, 2002 2004.	20585
Through June 30, 2002 2004, any person applying for a national	20586
pollutant discharge elimination system permit under Chapter 6111.	20587
of the Revised Code shall pay a nonrefundable fee of two hundred	20588
dollars at the time of application for the permit. On and after	20589
July 1, 2002 2004, such a person shall pay a nonrefundable fee of	20590
fifteen dollars at the time of application.	20591

In addition to the application fee established under division	20592
(S)(1) of this section, any person applying for a national	20593
pollutant discharge elimination system general storm water	20594
construction permit shall pay a nonrefundable fee of twenty	20595
dollars per acre for each acre that is permitted above five acres	20596
at the time the application is submitted. However, the per	20597
acreage fee shall not exceed three hundred dollars. In addition,	20598
any person applying for a national pollutant discharge elimination	20599
system general storm water industrial permit shall pay a	20600
nonrefundable fee of one hundred fifty dollars at the time the	20601
application is submitted.	20602

The director shall transmit all moneys collected under	20603
division (S)(1) of this section pursuant to Chapter 6109. of the	20604
Revised Code to the treasurer of state for deposit into the	20605
drinking water protection fund created in section 6109.30 of the	20606
Revised Code.	20607

The director shall transmit all moneys collected under	20608
division (S)(1) of this section pursuant to Chapter 6111. of the	20609
Revised Code to the treasurer of state for deposit into the	20610
surface water protection fund created in section 6111.038 of the	20611
Revised Code.	20612

If a registration certificate is issued under section	20613
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	20614
the application fee paid shall be deducted from the amount of the	20615
registration certificate fee due under division (R)(1), (2), or	20616
(5) of this section, as applicable.	20617

(2) Division (S)(1) of this section does not apply to an	20618
application for a registration certificate for a scrap tire	20619
collection or storage facility submitted under section 3734.75 or	20620
3734.76 of the Revised Code, as applicable, if the owner or	20621
operator of the facility or proposed facility is a motor vehicle	20622
salvage dealer licensed under Chapter 4738. of the Revised Code.	20623

(T) The director may adopt, amend, and rescind rules in	20624
accordance with Chapter 119. of the Revised Code that do all of	20625
the following:	20626

(1) Prescribe fees to be paid by applicants for and holders	20627
of any license, permit, variance, plan approval, or certification	20628
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	20629
the Revised Code that are not specifically established in this	20630
section. The fees shall be designed to defray the cost of	20631
processing, issuing, revoking, modifying, denying, and enforcing	20632
the licenses, permits, variances, plan approvals, and	20633
certifications.	20634

The director shall transmit all moneys collected under rules	20635
adopted under division (T)(1) of this section pursuant to Chapter	20636
6109. of the Revised Code to the treasurer of state for deposit	20637
into the drinking water protection fund created in section 6109.30	20638
of the Revised Code.	20639

The director shall transmit all moneys collected under rules	20640
adopted under division (T)(1) of this section pursuant to Chapter	20641
6111. of the Revised Code to the treasurer of state for deposit	20642
into the surface water protection fund created in section 6111.038	20643
of the Revised Code.	20644

(2) Exempt the state and political subdivisions thereof,	20645
including education facilities or medical facilities owned by the	20646
state or a political subdivision, or any person exempted from	20647
taxation by section 5709.07 or 5709.12 of the Revised Code, from	20648
any fee required by this section;	20649

(3) Provide for the waiver of any fee, or any part thereof,	20650
otherwise required by this section whenever the director	20651
determines that the imposition of the fee would constitute an	20652
unreasonable cost of doing business for any applicant, class of	20653
applicants, or other person subject to the fee;	20654

(4) Prescribe measures that the director considers necessary	20655
to carry out this section.	20656

(U) When the director reasonably demonstrates that the	20657
direct cost to the state associated with the issuance of a permit	20658
to install, license, variance, plan approval, or certification	20659
exceeds the fee for the issuance or review specified by this	20660
section, the director may condition the issuance or review on the	20661
payment by the person receiving the issuance or review of, in	20662
addition to the fee specified by this section, the amount, or any	20663
portion thereof, in excess of the fee specified under this	20664
section. The director shall not so condition issuances for which	20665
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	20666
section.	20667

(V) Except as provided in divisions (L), (M), and (P) of	20668
this section or unless otherwise prescribed by a rule of the	20669
director adopted pursuant to Chapter 119. of the Revised Code, all	20670
fees required by this section are payable within thirty days after	20671
the issuance of an invoice for the fee by the director or the	20672
effective date of the issuance of the license, permit, variance,	20673
plan approval, or certification. If payment is late, the person	20674
responsible for payment of the fee shall pay an additional ten per	20675
cent of the amount due for each month that it is late.	20676

(W) As used in this section, "fuel-burning equipment,"	20677
"fuel-burning equipment input capacity," "incinerator,"	20678
"incinerator input capacity," "process," "process weight rate,"	20679
"storage tank," "gasoline dispensing facility," "dry cleaning	20680
facility," "design flow discharge," and "new source treatment	20681
works" have the meanings ascribed to those terms by applicable	20682
rules or standards adopted by the director under Chapter 3704. or	20683
6111. of the Revised Code.	20684

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	20685
and (J) of this section, and in any other provision of this	20686
section pertaining to fees paid pursuant to Chapter 3704. of the	20687
Revised Code:	20688

(1) "Facility," "federal Clean Air Act," "person," and "Title	20689
V permit" have the same meanings as in section 3704.01 of the	20690
Revised Code.	20691

(2) "Title V permit program" means the following activities	20692
as necessary to meet the requirements of Title V of the federal	20693
Clean Air Act and 40 C.F.R. part 70, including at least:	20694

(a) Preparing and adopting, if applicable, generally	20695
applicable rules or guidance regarding the permit program or its	20696
implementation or enforcement;	20697

(b) Reviewing and acting on any application for a Title V	20698
permit, permit revision, or permit renewal, including the	20699
development of an applicable requirement as part of the processing	20700
of a permit, permit revision, or permit renewal;	20701

(c) Administering the permit program, including the	20702
supporting and tracking of permit applications, compliance	20703
certification, and related data entry;	20704

(d) Determining which sources are subject to the program and	20705
implementing and enforcing the terms of any Title V permit, not	20706
including any court actions or other formal enforcement actions;	20707

(e) Emission and ambient monitoring;

20708

(f) Modeling, analyses, or demonstrations;

20709

(g) Preparing inventories and tracking emissions;

20710

(h) Providing direct and indirect support to small business	20711
stationary sources to determine and meet their obligations under	20712
the federal Clean Air Act pursuant to the small business	20713
stationary source technical and environmental compliance	20714
assistance program required by section 507 of that act and	20715
established in sections 3704.18, 3704.19, and 3706.19 of the	20716
Revised Code.	20717

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	20718
of this section, each sewage sludge facility shall pay a	20719
nonrefundable annual sludge fee equal to three dollars and fifty	20720
cents per dry ton of sewage sludge, including the dry tons of	20721
sewage sludge in materials derived from sewage sludge, that the	20722
sewage sludge facility treats or disposes of in this state. The	20723
annual volume of sewage sludge treated or disposed of by a sewage	20724
sludge facility shall be calculated using the first day of January	20725
through the thirty-first day of December of the calendar year	20726
preceding the date on which payment of the fee is due.	20727

(2)(a) Except as provided in division (Y)(2)(d) of this	20728
section, each sewage sludge facility shall pay a minimum annual	20729
sewage sludge fee of one hundred dollars.	20730

(b) The annual sludge fee required to be paid by a sewage	20731
sludge facility that treats or disposes of exceptional quality	20732
sludge in this state shall be thirty-five per cent less per dry	20733
ton of exceptional quality sludge than the fee assessed under	20734
division (Y)(1) of this section, subject to the following	20735
exceptions:	20736

(i) Except as provided in division (Y)(2)(d) of this	20737
section, a sewage sludge facility that treats or disposes of	20738
exceptional quality sludge shall pay a minimum annual sewage	20739
sludge fee of one hundred dollars.	20740

(ii) A sewage sludge facility that treats or disposes of	20741
exceptional quality sludge shall not be required to pay the annual	20742
sludge fee for treatment or disposal in this state of exceptional	20743
quality sludge generated outside of this state and contained in	20744
bags or other containers not greater than one hundred pounds in	20745
capacity.	20746

A thirty-five per cent reduction for exceptional quality	20747
sludge applies to the maximum annual fees established under	20748
division (Y)(3) of this section.	20749

(c) A sewage sludge facility that transfers sewage sludge to	20750
another sewage sludge facility in this state for further treatment	20751
prior to disposal in this state shall not be required to pay the	20752
annual sludge fee for the tons of sewage sludge that have been	20753
transferred. In such a case, the sewage sludge facility that	20754
disposes of the sewage sludge shall pay the annual sludge fee.	20755
However, the facility transferring the sewage sludge shall pay the	20756
one-hundred-dollar minimum fee required under division (Y)(2)(a)	20757
of this section.	20758

In the case of a sewage sludge facility that treats sewage	20759
sludge in this state and transfers it out of this state to another	20760
entity for disposal, the sewage sludge facility in this state	20761
shall be required to pay the annual sludge fee for the tons of	20762
sewage sludge that have been transferred.	20763

(d) A sewage sludge facility that generates sewage sludge	20764
resulting from an average daily discharge flow of less than five	20765
thousand gallons per day is not subject to the fees assessed under	20766
division (Y) of this section.	20767

(3) No sewage sludge facility required to pay the annual	20768
sludge fee shall be required to pay more than the maximum annual	20769
fee for each disposal method that the sewage sludge facility uses.	20770
The maximum annual fee does not include the additional amount that	20771
may be charged under division (Y)(5) of this section for late	20772
payment of the annual sludge fee. The maximum annual fee for the	20773
following methods of disposal of sewage sludge is as follows:	20774

(a) Incineration: five thousand dollars;

20775

(b) Preexisting land reclamation project or disposal in a	20776
landfill: five thousand dollars;	20777

(c) Land application, land reclamation, surface disposal, or	20778
any other disposal method not specified in division (Y)(3)(a) or	20779
(b) of this section: twenty thousand dollars.	20780

(4)(a) In the case of an entity that generates sewage sludge	20781
or a sewage sludge facility that treats sewage sludge and	20782
transfers the sewage sludge to an incineration facility for	20783
disposal, the incineration facility, and not the entity generating	20784
the sewage sludge or the sewage sludge facility treating the	20785
sewage sludge, shall pay the annual sludge fee for the tons of	20786
sewage sludge that are transferred. However, the entity or	20787
facility generating or treating the sewage sludge shall pay the	20788
one-hundred-dollar minimum fee required under division (Y)(2)(a)	20789
of this section.	20790

(b) In the case of an entity that generates sewage sludge	20791
and transfers the sewage sludge to a landfill for disposal or to a	20792
sewage sludge facility for land reclamation or surface disposal,	20793
the entity generating the sewage sludge, and not the landfill or	20794
sewage sludge facility, shall pay the annual sludge fee for the	20795
tons of sewage sludge that are transferred.	20796

(5) Not later than the first day of April of the calendar	20797
year following the effective date of this amendment March 17,	20798
2000, and each first day of April thereafter, the director shall	20799
issue invoices to persons who are required to pay the annual	20800
sludge fee. The invoice shall identify the nature and amount of	20801
the annual sludge fee assessed and state the first day of May as	20802
the deadline for receipt by the director of objections regarding	20803
the amount of the fee and the first day of July as the deadline	20804
for payment of the fee.	20805

Not later than the first day of May following receipt of an	20806
invoice, a person required to pay the annual sludge fee may submit	20807
objections to the director concerning the accuracy of information	20808
regarding the number of dry tons of sewage sludge used to	20809
calculate the amount of the annual sludge fee or regarding whether	20810
the sewage sludge qualifies for the exceptional quality sludge	20811
discount established in division (Y)(2)(b) of this section. The	20812
director may consider the objections and adjust the amount of the	20813
fee to ensure that it is accurate.	20814

If the director does not adjust the amount of the annual	20815
sludge fee in response to a person's objections, the person may	20816
appeal the director's determination in accordance with Chapter	20817
119. of the Revised Code.	20818

Not later than the first day of June, the director shall	20819
notify the objecting person regarding whether the director has	20820
found the objections to be valid and the reasons for the finding.	20821
If the director finds the objections to be valid and adjusts the	20822
amount of the annual sludge fee accordingly, the director shall	20823
issue with the notification a new invoice to the person	20824
identifying the amount of the annual sludge fee assessed and	20825
stating the first day of July as the deadline for payment.	20826

Not later than the first day of July, any person who is	20827
required to do so shall pay the annual sludge fee. Any person who	20828
is required to pay the fee, but who fails to do so on or before	20829
that date shall pay an additional amount that equals ten per cent	20830
of the required annual sludge fee.	20831

(6) The director shall transmit all moneys collected under	20832
division (Y) of this section to the treasurer of state for deposit	20833
into the surface water protection fund created in section 6111.038	20834
of the Revised Code. The moneys shall be used to defray the costs	20835
of administering and enforcing provisions in Chapter 6111. of the	20836
Revised Code and rules adopted under it that govern the use,	20837
storage, treatment, or disposal of sewage sludge.	20838

(7) Beginning in fiscal year 2001, and every two years	20839
thereafter, the director shall review the total amount of moneys	20840
generated by the annual sludge fees to determine if that amount	20841
exceeds exceeded six hundred thousand dollars in either of the two	20842
preceding fiscal years. If the total amount of moneys in the fund	20843
exceeded six hundred thousand dollars in either fiscal year, the	20844
director, after review of the fee structure and consultation with	20845
affected persons, shall issue an order reducing the amount of the	20846
fees levied under division (Y) of this section so that the	20847
estimated amount of moneys resulting from the fees will not exceed	20848
six hundred thousand dollars in any fiscal year.	20849

If, upon review of the fees under division (Y)(7) of this	20850
section and after the fees have been reduced, the director	20851
determines that the total amount of moneys collected and	20852
accumulated is less than six hundred thousand dollars, the	20853
director, after review of the fee structure and consultation with	20854
affected persons, may issue an order increasing the amount of the	20855
fees levied under division (Y) of this section so that the	20856
estimated amount of moneys resulting from the fees will be	20857
approximately six hundred thousand dollars. Fees shall never be	20858
increased to an amount exceeding the amount specified in division	20859
(Y)(7) of this section.	20860

Notwithstanding section 119.06 of the Revised Code, the	20861
director may issue an order under division (Y)(7) of this section	20862
without the necessity to hold an adjudicatory hearing in	20863
connection with the order. The issuance of an order under this	20864
division is not an act or action for purposes of section 3745.04	20865
of the Revised Code.	20866

(8) As used in division (Y) of this section:

20867

(a) "Sewage sludge facility" means an entity that performs	20868
treatment on or is responsible for the disposal of sewage sludge.	20869

(b) "Sewage sludge" means a solid, semi-solid, or liquid	20870
residue generated during the treatment of domestic sewage in a	20871
treatment works as defined in section 6111.01 of the Revised Code.	20872
"Sewage sludge" includes, but is not limited to, scum or solids	20873
removed in primary, secondary, or advanced wastewater treatment	20874
processes. "Sewage sludge" does not include ash generated during	20875
the firing of sewage sludge in a sewage sludge incinerator, grit	20876
and screenings generated during preliminary treatment of domestic	20877
sewage in a treatment works, animal manure, residue generated	20878
during treatment of animal manure, or domestic septage.	20879

(c) "Exceptional quality sludge" means sewage sludge that	20880
meets all of the following qualifications:	20881

(i) Satisfies the class A pathogen standards in 40 C.F.R.	20882
503.32(a);	20883

(ii) Satisfies one of the vector attraction reduction	20884
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	20885

(iii) Does not exceed the ceiling concentration limitations	20886
for metals listed in table one of 40 C.F.R. 503.13;	20887

(iv) Does not exceed the concentration limitations for	20888
metals listed in table three of 40 C.F.R. 503.13.	20889

(d) "Treatment" means the preparation of sewage sludge for	20890
final use or disposal and includes, but is not limited to,	20891
thickening, stabilization, and dewatering of sewage sludge.	20892

(e) "Disposal" means the final use of sewage sludge,	20893
including, but not limited to, land application, land reclamation,	20894
surface disposal, or disposal in a landfill or an incinerator.	20895

(f) "Land application" means the spraying or spreading of	20896
sewage sludge onto the land surface, the injection of sewage	20897
sludge below the land surface, or the incorporation of sewage	20898
sludge into the soil for the purposes of conditioning the soil or	20899
fertilizing crops or vegetation grown in the soil.	20900

(g) "Land reclamation" means the returning of disturbed land	20901
to productive use.	20902

(h) "Surface disposal" means the placement of sludge on an	20903
area of land for disposal, including, but not limited to,	20904
monofills, surface impoundments, lagoons, waste piles, or	20905
dedicated disposal sites.	20906

(i) "Incinerator" means an entity that disposes of sewage	20907
sludge through the combustion of organic matter and inorganic	20908
matter in sewage sludge by high temperatures in an enclosed	20909
device.	20910

(j) "Incineration facility" includes all incinerators owned	20911
or operated by the same entity and located on a contiguous tract	20912
of land. Areas of land are considered to be contiguous even if	20913
they are separated by a public road or highway.	20914

(k) "Annual sludge fee" means the fee assessed under division	20915
(Y)(1) of this section.	20916

(l) "Landfill" means a sanitary landfill facility, as defined	20917
in rules adopted under section 3734.02 of the Revised Code, that	20918
is licensed under section 3734.05 of the Revised Code.	20919

(m) "Preexisting land reclamation project" means a	20920
property-specific land reclamation project that has been in	20921
continuous operation for not less than five years pursuant to	20922
approval of the activity by the director and includes the	20923
implementation of a community outreach program concerning the	20924
activity.	20925

Sec. 3745.15.  Notwithstanding any provision of Chapter	20926
3704., 3734., 3746., or 6111. of the Revised Code to the contrary,	20927
not later than ninety days after receipt of an application for a	20928
permit under any of those chapters, the director of environmental	20929
protection shall either issue or deny the permit. The director	20930
shall send written notification to the applicant of the issuance	20931
or denial. If the director fails to issue or deny the permit by	20932
the end of the ninety-day period, the application is deemed	20933
approved, and the director shall issue the permit. The director	20934
shall send written notification to the applicant of the issuance.	20935

Sec. 3745.22.  (A) As used in this section, "eligible	20936
institution of higher education" means any of the state	20937
universities listed in section 3345.011 of the Revised Code, or a	20938
community college, technical college, university branch, state	20939
community college, or an institution that is nonprofit and holds a	20940
certificate of authorization issued under section 1713.02 of the	20941
Revised Code.	20942

(B) There is hereby created in the state treasury the	20943
environmental education fund consisting of moneys credited to the	20944
fund pursuant to sections 3704.06 and 6111.09 of the Revised Code	20945
and any gifts, grants, or contributions received by the director	20946
of environmental protection for the purposes of the fund. The	20947
fund shall be administered by the director with the advice and	20948
assistance of the environmental education council created in	20949
section 3745.21 of the Revised Code. Moneys in the fund shall be	20950
used exclusively to develop, implement, and administer a program	20951
to enhance public awareness and the objective understanding within	20952
this state of issues affecting environmental quality. Toward that	20953
end, moneys in the fund may be used for purposes that include,	20954
without limitation, developing elementary and secondary school and	20955
collegiate curricula on environmental issues; providing training	20956
for this state's elementary and secondary school teachers on	20957
environmental issues; providing educational seminars for concerned	20958
members of the public regarding the scientific and technical	20959
aspects of environmental issues; providing educational seminars	20960
regarding pollution prevention and waste minimization for persons	20961
regulated by the environmental protection agency; providing	20962
educational seminars for persons regulated by the environmental	20963
protection agency, including, without limitation, small	20964
businesses, regarding the regulatory requirements of the agency	20965
and the means of achieving and maintaining compliance with them;	20966
and providing one or more scholarships in environmental sciences	20967
or environmental engineering at one or more state colleges or	20968
universities, as "state college or university" is defined in	20969
section 3345.27 of the Revised Code for students enrolled at an	20970
eligible institution of higher education.	20971

The director may expend not more than one million five	20972
hundred thousand dollars of the moneys credited to the	20973
environmental education fund under sections 3704.06 and 6111.09 of	20974
the Revised Code in any fiscal year for the purposes specified in	20975
this division. The director may request authority from the	20976
controlling board to expend any moneys credited to that fund in	20977
any fiscal year in excess of that amount.	20978

(B)(C) Not later than the first day of April each year, the	20979
director, with the advice and assistance of the council, shall	20980
prepare and submit to the governor, the president of the senate,	20981
and the speaker of the house of representatives an environmental	20982
education agenda that describes the proposed uses of the	20983
environmental education fund during the following fiscal year.	20984
Prior to submitting the agenda the director, in conjunction with	20985
the council, shall hold a public hearing in Franklin county to	20986
receive comments on the agenda. After the public hearing and	20987
before submitting the agenda to the governor, the president, and	20988
the speaker, the director, with the advice and assistance of the	20989
council, may make any modifications to the agenda that the	20990
director considers appropriate based upon the comments received at	20991
the public hearing.	20992

(C)(D) Not later than the first day of September each year,	20993
the director, with the advice and assistance of the council, shall	20994
prepare and submit to the governor, the president of the senate,	20995
and the speaker of the house of representatives a report on the	20996
revenues credited to and expenditures from the environmental	20997
education fund during the immediately preceding fiscal year.	20998

Sec. 3750.02.  (A) There is hereby created the emergency	20999
response commission consisting of the directors of environmental	21000
protection and health, the chairpersons of the public utilities	21001
commission, and industrial commission, and state and local	21002
government commission, the fire marshal, the director of public	21003
safety, the director of job and family services, and the attorney	21004
general as members ex officio, or their designees; notwithstanding	21005
section 101.26 of the Revised Code, the chairpersons of the	21006
respective standing committees of the senate and house of	21007
representatives that are primarily responsible for considering	21008
environmental issues who may participate fully in all the	21009
commission's deliberations and activities, except that they shall	21010
serve as nonvoting members; and ten members to be appointed by the	21011
governor with the advice and consent of the senate. The appointed	21012
members, to the extent practicable, shall have technical expertise	21013
in the field of emergency response. Of the appointed members, two	21014
shall represent environmental advocacy organizations, one shall	21015
represent the interests of petroleum refiners or marketers or	21016
chemical manufacturers, one shall represent the interests of	21017
another industry subject to this chapter, one shall represent the	21018
interests of municipal corporations, one shall represent the	21019
interests of counties, one shall represent the interests of chiefs	21020
of fire departments, one shall represent the interests of	21021
professional firefighters, one shall represent the interests of	21022
volunteer firefighters, and one shall represent the interests of	21023
local emergency management agencies.	21024

An appointed member of the commission also may serve as a	21025
member of the local emergency planning committee of an emergency	21026
planning district. An appointed member of the commission who is	21027
also a member of a local emergency planning committee shall not	21028
participate as a member of the commission in the appointment of	21029
members of the local emergency planning committee of which the	21030
member is a member, in the review of the chemical emergency	21031
response and preparedness plan submitted by the local emergency	21032
planning committee of which the member is a member, in any vote to	21033
approve a grant to the member's district, or in any vote of the	21034
commission on any motion or resolution pertaining specifically to	21035
the member's district or the local emergency planning committee on	21036
which the member serves. A commission member who is also a member	21037
of a local emergency planning committee shall not lobby or	21038
otherwise act as an advocate for the member's district to other	21039
members of the commission to obtain from the commission anything	21040
of value for the member's district or the local emergency planning	21041
committee of which the member is a member. A member of the	21042
commission who is also a member of a local emergency planning	21043
committee may vote on resolutions of the commission that apply	21044
uniformly to all local emergency planning committees and districts	21045
in the state and do not provide a grant or other pecuniary benefit	21046
to the member's district or the committee of which the member is a	21047
member.	21048

The governor shall make the initial appointments to the	21049
commission within thirty days after December 14, 1988. Of the	21050
initial appointments to the commission, five shall be for a term	21051
of two years and five shall be for a term of one year. Thereafter,	21052
terms of office of the appointed members of the commission shall	21053
be for two years, with each term ending on the same day of the	21054
same month as did the term that it succeeds. Each member shall	21055
hold office from the date of appointment until the end of the term	21056
for which the member was appointed. Members may be reappointed.	21057
Vacancies shall be filled in the manner provided for original	21058
appointments. Any member appointed to fill a vacancy occurring	21059
prior to the expiration of the term for which the member's	21060
predecessor was appointed shall hold office for the remainder of	21061
that term. A member shall continue in office subsequent to the	21062
expiration date of the member's term until the member's successor	21063
takes office or until a period of sixty days has elapsed,	21064
whichever occurs first. The commission may at any time by a vote	21065
of two-thirds of all the members remove any appointed member of	21066
the commission for misfeasance, nonfeasance, or malfeasance.	21067
Members of the commission shall serve without compensation, but	21068
shall be reimbursed for the reasonable expenses incurred by them	21069
in the discharge of their duties as members of the commission.	21070

The commission shall meet at least annually and shall hold	21071
such additional meetings as are necessary to implement and	21072
administer this chapter. Additional meetings may be held at the	21073
behest of either a co-chairperson or a majority of the members.	21074
The commission shall, by adoption of internal management rules	21075
under division (B)(9) of this section, establish an executive	21076
committee and delegate to it the performance of such of the	21077
commission's duties and powers under this chapter as are required	21078
or authorized to be so delegated by that division. The commission	21079
may organize itself into such additional committees as it	21080
considers necessary or convenient to implement and administer this	21081
chapter. The director of environmental protection and the	21082
director of public safety or their designees shall serve as	21083
co-chairpersons of the commission and the executive committee.	21084
Except as otherwise provided in this chapter, a majority of the	21085
voting members of the commission constitutes a quorum and the	21086
affirmative vote of a majority of the voting members of the	21087
commission is necessary for any action taken by the commission.	21088
Meetings of the executive committee conducted for the purpose of	21089
determining whether to issue an enforcement order or request that	21090
a civil action, civil penalty action, or criminal action be	21091
brought to enforce this chapter or rules adopted or orders issued	21092
under it are not subject to section 121.22 of the Revised Code	21093
pursuant to division (D) of that section.	21094

Except for the purposes of Chapters 102. and 2921. and	21095
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving	21096
as an appointed member of the commission does not constitute	21097
holding a public office or position of employment under the laws	21098
of this state and does not constitute grounds for removal of	21099
public officers or employees from their offices or positions of	21100
employment.	21101

(B) The commission shall:

21102

(1) Adopt rules in accordance with Chapter 119. of the	21103
Revised Code that are consistent with and equivalent in scope,	21104
content, and coverage to the "Emergency Planning and Community	21105
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	21106
applicable regulations adopted under it:	21107

(a) Identifying or listing extremely hazardous substances	21108
and establishing a threshold planning quantity for each such	21109
substance. To the extent consistent with that act and applicable	21110
regulations adopted under it, the rules may establish threshold	21111
planning quantities based upon classes of those substances or	21112
categories of facilities at which such substances are present.	21113

(b) Listing hazardous chemicals, establishing threshold	21114
quantities for those chemicals, establishing categories of health	21115
and physical hazards of those chemicals, establishing criteria or	21116
procedures for identifying those chemicals and the appropriate	21117
hazard categories of those chemicals, and establishing ranges of	21118
quantities for those chemicals to be used in preparing emergency	21119
and hazardous chemical inventory forms under section 3750.08 of	21120
the Revised Code. To the extent consistent with that act and	21121
applicable regulations adopted under it, the rules may establish	21122
threshold quantities based upon classes of those chemicals or	21123
categories of facilities where those chemicals are present.	21124

To the extent consistent with that act, the threshold	21125
quantities for purposes of the submission of lists of hazardous	21126
chemicals under section 3750.07 and the submission of emergency	21127
and hazardous chemical inventory forms under section 3750.08 of	21128
the Revised Code may differ.	21129

(c) Identifying or listing hazardous substances and	21130
establishing reportable quantities of each of those substances and	21131
each extremely hazardous substance. In addition to being	21132
consistent with and equivalent in scope, content, and coverage to	21133
that act and applicable regulations adopted under it, the rules	21134
shall be consistent with and equivalent in scope, content, and	21135
coverage to regulations identifying or listing hazardous	21136
substances and reportable quantities of those substances adopted	21137
under the "Comprehensive Environmental Response, Compensation, and	21138
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	21139
amended.	21140

(d) Prescribing the information to be included in the lists	21141
of hazardous chemicals required to be submitted under section	21142
3750.07 of the Revised Code;	21143

(e) Prescribing the information to be included in the	21144
emergency and hazardous chemical inventory forms required to be	21145
submitted under section 3750.08 of the Revised Code. If the	21146
commission establishes its own emergency and hazardous chemical	21147
inventory form, the rules shall authorize owners and operators of	21148
facilities who also have one or more facilities located outside	21149
the state for which they are required to submit inventory forms	21150
under the federal act and regulations adopted under it to submit	21151
their annual inventories on forms prescribed by the administrator	21152
of the United States environmental protection agency under that	21153
act instead of on forms prescribed by the commission and shall	21154
require those owners or operators to submit any additional	21155
information required by the commission's inventory form on an	21156
attachment to the federal form.	21157

(f) Establishing procedures for giving verbal notice of	21158
releases under section 3750.06 of the Revised Code and prescribing	21159
the information to be provided in such a notice and in the	21160
follow-up written notice required by that section;	21161

(g) Establishing standards for determining valid needs for	21162
the release of tier II information under division (B)(4) of	21163
section 3750.10 of the Revised Code;	21164

(h) Identifying the types or categories of information	21165
submitted or obtained under this chapter and rules adopted under	21166
it that constitute confidential business information;	21167

(i) Establishing criteria and procedures to protect trade	21168
secret and confidential business information from unauthorized	21169
disclosure;	21170

(j) Establishing other requirements or authorizations that	21171
the commission considers necessary or appropriate to implement,	21172
administer, and enforce this chapter.	21173

(2) Adopt rules in accordance with Chapter 119. of the	21174
Revised Code to implement and administer this chapter that may be	21175
more stringent than the "Emergency Planning and Community	21176
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	21177
regulations adopted under it. Rules adopted under division (B)(2)	21178
of this section shall not be inconsistent with that act or the	21179
regulations adopted under it. The rules shall:	21180

(a) Prescribe the information to be included in the chemical	21181
emergency response and preparedness plans prepared and submitted	21182
by local emergency planning committees under section 3750.04 of	21183
the Revised Code;	21184

(b) Establish criteria and procedures for reviewing the	21185
chemical emergency response and preparedness plans of local	21186
emergency planning committees required by section 3750.04 of the	21187
Revised Code and the annual exercise of those plans and for	21188
providing concurrence or requesting modifications in the plans and	21189
the exercise of those plans. The criteria shall include, without	21190
limitation, the requirement that each exercise of a committee's	21191
plan involve, in addition to local emergency response and medical	21192
personnel, either a facility that is subject to the plan or a	21193
transporter of materials that are identified or listed as	21194
hazardous materials by regulations adopted under the "Hazardous	21195
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	21196
1801, as amended.	21197

(c) Establish policies and procedures for maintaining	21198
information submitted to the commission and local emergency	21199
planning committees under this chapter, and for receiving and	21200
fulfilling requests from the public for access to review and to	21201
obtain copies of that information. The criteria and procedures	21202
shall include the following requirements and authorizations	21203
regarding that information and access to it:	21204

(i) Information that is protected as trade secret	21205
information or confidential business information under this	21206
chapter and rules adopted under it shall be kept in files that are	21207
separate from those containing information that is not so	21208
protected.	21209

(ii) The original copies of information submitted to the	21210
commission or committee shall not be removed from the custody and	21211
control of the commission or committee.	21212

(iii) A person who, either in person or by mail, requests to	21213
obtain a copy of a material safety data sheet submitted under this	21214
chapter by a facility owner or operator shall submit a separate	21215
application for each facility for which a material safety data	21216
sheet is being requested.	21217

(iv) A person who requests to receive by mail a copy of	21218
information submitted under this chapter by a facility owner or	21219
operator shall submit a separate application for each facility for	21220
which information is being requested and shall specify both the	21221
facility for which information is being requested and the	21222
particular types of documents requested.	21223

(v) Only employees of the commission or committee shall copy	21224
information in the files of the commission or committee.	21225

(vi) The commission or committee may require any person who	21226
requests to review or obtain a copy of information in its files to	21227
schedule an appointment for that purpose with the information	21228
coordinator of the commission or committee at least twenty-four	21229
hours before arriving at the office of the commission or committee	21230
for the review or copy.	21231

(vii) Any person who seeks access to information in the	21232
files of the commission or a local emergency planning committee	21233
shall submit a written application, either in person or by mail,	21234
to the information coordinator on a form provided by the	21235
commission or committee. The person also shall provide the	21236
person's name and current mailing address on the application and	21237
may be requested by the commission or committee to provide basic	21238
demographic information on the form to assist in the evaluation of	21239
the information access provisions of this chapter and rules	21240
adopted under it. Application forms may be obtained by mail or in	21241
person or by request by telephone at the office of the commission	21242
or committee during regular business hours. Upon receipt of a	21243
request for an application by telephone or mail, the information	21244
coordinator shall promptly mail an application to the person who	21245
requested it.	21246

(viii) The application form shall provide the applicant with	21247
a means of indicating that the applicant's name and address are to	21248
be kept confidential. If the applicant so indicates, that	21249
information is not a public record under section 149.43 of the	21250
Revised Code and shall not be disclosed to any person who is not a	21251
member or employee of the commission or committee or an employee	21252
of the environmental protection agency. When a name and address	21253
are to be kept confidential, they also shall be deleted from the	21254
copy of the application required to be placed in the file of the	21255
facility under division (B)(2)(c)(xii) of this section and shall	21256
be withheld from any log of information requests kept by the	21257
commission or committee pursuant to that division.	21258

(ix) Neither the commission nor a local emergency planning	21259
committee shall charge any fee for access to review information in	21260
its files when no copies or computer searches of that information	21261
are requested.	21262

(x) An applicant shall be informed of the cost of copying,	21263
mailing, or conducting a computer search of information on file	21264
with the commission or committee before such a copy or search is	21265
made, and the commission or committee shall collect the	21266
appropriate fees as established under section 3750.13 of the	21267
Revised Code. Each applicant shall acknowledge on the application	21268
form that the applicant is aware that the applicant will be	21269
charged for copies and computer searches of that information the	21270
applicant requests and for the costs of mailing copies of the	21271
information to the applicant.	21272

(xi) The commission or committee may require a person	21273
requesting copies of information on file with it to take delivery	21274
of them in the office of the commission or committee whenever it	21275
considers the volume of the information to be large enough to make	21276
mailing or delivery by a parcel or package delivery service	21277
impractical.	21278

(xii) When the commission or committee receives a request	21279
for access to review or obtain copies of information in its files,	21280
it shall not routinely notify the owner or operator of the	21281
facility involved, but instead shall either keep a log or file of	21282
requests for the information or shall place a copy of each	21283
completed application form in the file for the facility to which	21284
the application pertains. Such a log or file shall be available	21285
for review by the public and by the owners and operators of	21286
facilities required to submit information to the commission or	21287
committee under this chapter and rules adopted under it.	21288

(d) Require that claims for the protection, as a trade	21289
secret, of information obtained under this chapter regarding	21290
extremely hazardous substances identified or listed in rules	21291
adopted under division (B)(1)(a) of this section and hazardous	21292
chemicals identified or listed in rules adopted under division	21293
(B)(1)(b) of this section be submitted to the administrator of the	21294
United States environmental protection agency for determination	21295
under section 322 of the the "Emergency Planning and Community	21296
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, and	21297
regulations adopted under that section;	21298

(e) Establish criteria and procedures for the issuance of	21299
variances under divisions (B) and (C) of section 3750.11 of the	21300
Revised Code. The rules shall require that, before approval of an	21301
application for a variance, the commission or committee find by a	21302
preponderance of the scientific evidence based upon generally	21303
accepted scientific principles or laboratory tests that the	21304
extremely hazardous substances, hazardous chemicals, or hazardous	21305
substances that would be subject to the reporting requirement pose	21306
a substantial risk of catastrophic injury to public health or	21307
safety or to the environment, or pose an extraordinary risk of	21308
injury to emergency management personnel responding to a release	21309
of the chemicals or substances, when the substances or chemicals	21310
are present at a facility in an amount equal to or exceeding the	21311
quantity for which reporting would be required under the reporting	21312
requirement for which the variance is sought. The rules shall	21313
also require that before approval of an application for a	21314
variance, the commission or committee find by a preponderance of	21315
the evidence that the development and implementation of a local	21316
emergency response plan for releases of the substances or	21317
chemicals covered by the reporting requirement will reduce the	21318
risk of catastrophic injury to public health or safety or to the	21319
environment, or will reduce the extraordinary risk of injury to	21320
responding emergency management personnel, in the event of a	21321
release of the substances or chemicals and find by a preponderance	21322
of the evidence that the reporting requirement is necessary for	21323
the development of such a local emergency response plan. The	21324
rules shall require that when determining whether the substances	21325
or chemicals that would be subject to the reporting requirement	21326
pose a substantial risk of catastrophic injury to public health or	21327
safety or to the environment, or pose an extraordinary risk of	21328
injury to emergency management personnel responding to a release	21329
of the substance or chemical, the commission or committee consider	21330
all of the following factors:	21331

(i) The specific characteristics and degree and nature of	21332
the hazards posed by a release of the extremely hazardous	21333
substances, hazardous chemicals, or hazardous substances;	21334

(ii) The proximity of the facilities that would be subject	21335
to the reporting requirement to residential areas, to areas where	21336
significantly large numbers of people are employed or otherwise	21337
congregate, and to environmental resources that are subject to	21338
injury;	21339

(iii) The quantities of the extremely hazardous substances,	21340
hazardous chemicals, or hazardous substances that are routinely	21341
present at facilities that would be subject to the reporting	21342
requirement;	21343

(iv) The frequency with which the extremely hazardous	21344
substances, hazardous chemicals, or hazardous substances are	21345
present at the facilities that would be subject to the reporting	21346
requirement in quantities for which reporting would be required	21347
thereunder.	21348

(f) Establish criteria and procedures for the issuance of	21349
orders under division (D) of section 3750.11 of the Revised Code	21350
requiring the placement of emergency response lock box units. The	21351
rules shall require that before approval of an application for	21352
issuance of such an order, the commission or committee find by a	21353
preponderance of the scientific evidence based upon generally	21354
accepted scientific principles or laboratory tests that the	21355
presence of the extremely hazardous substances, hazardous	21356
chemicals, or hazardous substances in the quantities in which they	21357
are routinely or intermittently present at the facility for which	21358
the order is sought pose a substantial risk of catastrophic injury	21359
to public health or safety or to the environment, or pose an	21360
extraordinary risk of injury to responding emergency management	21361
personnel, in the event of a release of any of those substances or	21362
chemicals from the facility. The rules shall require that before	21363
approval of an application for issuance of such an order, the	21364
commission or committee also find by a preponderance of the	21365
evidence that the placement of an emergency response lock box unit	21366
at the facility is necessary to protect against the substantial	21367
risk of catastrophic injury to public health or safety or the	21368
environment, or to protect against an extraordinary risk of injury	21369
to responding emergency management personnel, in the event of a	21370
release of any of the extremely hazardous substances, hazardous	21371
chemicals, or hazardous substances routinely or intermittently	21372
present at the facility. The rules shall require that when	21373
determining whether the extremely hazardous substances, hazardous	21374
chemicals, or hazardous substances present at the facility pose a	21375
substantial risk of catastrophic injury to public health or safety	21376
or to the environment, or pose an extraordinary risk of injury to	21377
responding emergency management personnel, in the event of a	21378
release of any of those substances or chemicals from the facility,	21379
the commission or committee consider all of the following factors:	21380

(i) The specific characteristics and the degree and nature	21381
of the hazards posed by a release of the extremely hazardous	21382
substances, hazardous chemicals, or hazardous substances present	21383
at the facility;	21384

(ii) The proximity of the facility to residential areas, to	21385
areas where significantly large numbers of people are employed or	21386
otherwise congregate, and to environmental resources that are	21387
subject to injury;	21388

(iii) The quantities of the extremely hazardous substances,	21389
hazardous chemicals, or hazardous substances that are routinely	21390
present at the facility;	21391

(iv) The frequency with which the extremely hazardous	21392
substances, hazardous chemicals, or hazardous substances are	21393
present at the facility.	21394

(g) Establish procedures to be followed by the commission	21395
and the executive committee of the commission for the issuance of	21396
orders under this chapter.	21397

(3) In accordance with Chapter 119. of the Revised Code	21398
adopt rules establishing reportable quantities for releases of oil	21399
that are consistent with and equivalent in scope, content, and	21400
coverage to section 311 of the "Federal Water Pollution Control	21401
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as	21402
amended, and applicable regulations adopted under it;	21403

(4) Adopt rules in accordance with Chapter 119. of the	21404
Revised Code establishing criteria and procedures for identifying	21405
or listing extremely hazardous substances in addition to those	21406
identified or listed in rules adopted under division (B)(1)(a) of	21407
this section and for establishing threshold planning quantities	21408
and reportable quantities for the added extremely hazardous	21409
substances; for identifying or listing hazardous chemicals in	21410
addition to those identified or listed in rules adopted under	21411
division (B)(1)(b) of this section and for establishing threshold	21412
quantities and categories of health and physical hazards for the	21413
added hazardous chemicals; and for identifying or listing	21414
hazardous substances in addition to those identified or listed in	21415
rules adopted under division (B)(1)(c) of this section and for	21416
establishing reportable quantities for the added hazardous	21417
substances. The criteria for identifying or listing additional	21418
extremely hazardous substances and establishing threshold planning	21419
quantities and reportable quantities therefor and for identifying	21420
or listing additional hazardous chemicals and establishing	21421
threshold quantities and categories of health and physical hazards	21422
for the added hazardous chemicals shall be consistent with and	21423
equivalent to applicable criteria therefor under the "Emergency	21424
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	21425
42 U.S.C.A. 11001, and regulations adopted under it. The criteria	21426
for identifying additional hazardous substances and for	21427
establishing reportable quantities of the added hazardous	21428
substances shall be consistent with and equivalent to the	21429
applicable criteria for identifying or listing hazardous	21430
substances and establishing reportable quantities therefor under	21431
the "Comprehensive Environmental Response, Compensation, and	21432
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	21433
amended, and regulations adopted under it.	21434

The rules shall require that, before identifying or listing	21435
any such additional extremely hazardous substance, hazardous	21436
chemical, or hazardous substance and establishing a threshold	21437
planning quantity, threshold quantity, or reportable quantity	21438
therefor, the commission find by a preponderance of the scientific	21439
evidence based on generally accepted scientific principles or	21440
laboratory tests that the substance or chemical poses a	21441
substantial risk of catastrophic injury to public health or safety	21442
or to the environment, or poses an extraordinary risk of injury to	21443
emergency management personnel responding to a release of the	21444
chemical or substance, when the chemical or substance is present	21445
at a facility in an amount equal to the proposed threshold	21446
planning quantity or threshold quantity or, in the instance of a	21447
proposed additional extremely hazardous substance or hazardous	21448
substance, poses a substantial risk of catastrophic injury to	21449
public health or safety or to the environment if a release of the	21450
proposed reportable quantity of the substance occurs. The rules	21451
shall further require that, before so identifying or listing a	21452
substance or chemical, the commission find by a preponderance of	21453
the evidence that the development and implementation of state or	21454
local emergency response plans for releases of the substance or	21455
chemical will reduce the risk of a catastrophic injury to public	21456
health or safety or to the environment, or will reduce the	21457
extraordinary risk of injury to responding emergency response	21458
personnel, in the event of a release of the substance or chemical	21459
and find by a preponderance of the evidence that the	21460
identification or listing of the substance or chemical is	21461
necessary for the development of state or local emergency response	21462
plans for releases of the substance or chemical. The rules shall	21463
require that the commission consider the toxicity of the substance	21464
or chemical in terms of both the short-term and long-term health	21465
effects resulting from exposure to it and its reactivity,	21466
volatility, dispersibility, combustibility, and flammability when	21467
determining the risks posed by a release of the substance or	21468
chemical and, as appropriate, when establishing a threshold	21469
planning quantity, threshold quantity, reportable quantity, or	21470
category of health or physical hazard for it.	21471

(5) Adopt rules in accordance with Chapter 119. of the	21472
Revised Code establishing criteria and procedures for receiving	21473
and deciding claims for protection of information as a trade	21474
secret that are applicable only to extremely hazardous substances	21475
and hazardous chemicals identified or listed in rules adopted	21476
under division (C)(5) of this section. The rules shall be	21477
equivalent in scope, content, and coverage to section 322 of the	21478
"Emergency Planning and Community Right-To-Know Act of 1986," 100	21479
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it.	21480

(6)(a) After consultation with the fire marshal, adopt rules	21481
in accordance with Chapter 119. of the Revised Code establishing	21482
standards for the construction, placement, and use of emergency	21483
response lock box units at facilities that are subject to this	21484
chapter. The rules shall establish all of the following:	21485

(i) Specific standards of construction for lock box units;

21486

(ii) The specific types of information that shall be placed	21487
in the lock box units required to be placed at a facility by an	21488
order issued under division (D) of section 3750.11 of the Revised	21489
Code, which shall include the location of on-site emergency	21490
fire-fighting and spill cleanup equipment; a diagram of the public	21491
and private water supply and sewage systems serving the facility	21492
that are known to the owner or operator of the facility; a copy of	21493
the emergency and hazardous chemical inventory form for the	21494
facility most recently required to be submitted under section	21495
3750.08 of the Revised Code from which the owner or operator may	21496
withhold information claimed or determined to be trade secret	21497
information pursuant to rules adopted under division (B)(2)(d) of	21498
this section, or pursuant to division (B)(14) of this section and	21499
rules adopted under division (B)(5) of this section, and	21500
confidential business information identified in rules adopted	21501
under division (B)(1)(h) of this section; a copy of the local fire	21502
department's and facility's emergency management plans for the	21503
facility, if any; a current list of the names, positions,	21504
addresses, and telephone numbers of all key facility personnel	21505
knowledgeable in facility safety procedures and the locations at	21506
the facility where extremely hazardous substances, hazardous	21507
chemicals, and hazardous substances are produced, used, or stored.	21508
The rules shall stipulate that, in the instance of lock box units	21509
placed voluntarily at facilities by the owners or operators of the	21510
facilities, such information shall be maintained in them as is	21511
prescribed by agreement by the owner or operator and the fire	21512
department having jurisdiction over the facility.	21513

(iii) The conditions that shall be met in order to provide	21514
safe and expedient access to a lock box unit during a release or	21515
threatened release of an extremely hazardous substance, hazardous	21516
chemical, or hazardous substance.	21517

(b) Unless the owner or operator of a facility is issued an	21518
order under division (D) of section 3750.11 of the Revised Code	21519
requiring the owner or operator to place a lock box unit at the	21520
facility, the owner or operator may place a lock box unit at the	21521
facility at the owner's or operator's discretion. If the owner or	21522
operator chooses to place a lock box unit at the facility, the	21523
responsibility to deposit information in the lock box unit is in	21524
addition to any other obligations established in this chapter.	21525

(c) Any costs associated with the purchase, construction, or	21526
placement of a lock box unit shall be paid by the owner or	21527
operator of the facility.	21528

(7) In accordance with Chapter 119. of the Revised Code,	21529
adopt rules governing the application for and awarding of grants	21530
under division (C) of section 3750.14 and division (B) of section	21531
3750.15 of the Revised Code;	21532

(8) Adopt rules in accordance with Chapter 119. of the	21533
Revised Code establishing reasonable maximum fees that may be	21534
charged by the commission and local emergency planning committees	21535
for copying information in the commission's or committee's files	21536
to fulfill requests from the public for that information;	21537

(9) Adopt internal management rules governing the operations	21538
of the commission. The internal management rules shall establish	21539
an executive committee of the commission consisting of the	21540
director of environmental protection or the director's designee,	21541
the director of public safety or the director's designee, the	21542
attorney general or the attorney general's designee, one of the	21543
appointed members of the commission representing industries	21544
subject to this chapter to be appointed by the commission, one of	21545
the appointed members of the commission representing the interests	21546
of environmental advocacy organizations to be appointed by the	21547
commission, and one other appointed member or member ex officio of	21548
the commission to be appointed by the commission. The executive	21549
committee has exclusive authority to issue enforcement orders	21550
under section 3750.18 of the Revised Code and to request the	21551
attorney general to bring a civil action, civil penalty action, or	21552
criminal action under section 3750.20 of the Revised Code in the	21553
name of the commission regarding violations of this chapter, rules	21554
adopted under it, or orders issued under it. The internal	21555
management rules may set forth the other specific powers and	21556
duties of the commission that the executive committee may exercise	21557
and carry out and the conditions under which the executive	21558
committee may do so. The internal management rules shall not	21559
authorize the executive committee to issue variances under	21560
division (B) or (C) of section 3750.11 of the Revised Code or	21561
orders under division (D) of that section.	21562

(10) Oversee and coordinate the implementation and	21563
enforcement of this chapter and make such recommendations to the	21564
director of environmental protection and the director of public	21565
safety as it considers necessary or appropriate to improve the	21566
implementation and enforcement of this chapter;	21567

(11) Make allocations of moneys under division (B) of	21568
section 3750.14 of the Revised Code and make grants under division	21569
(C) of section 3750.14 and division (B) of section 3750.15 of the	21570
Revised Code;	21571

(12) Designate an officer of the environmental protection	21572
agency to serve as the commission's information coordinator under	21573
this chapter;	21574

(13) Not later than December 14, 1989, develop and	21575
distribute a state emergency response plan that defines the	21576
emergency response roles and responsibilities of the state	21577
agencies that are represented on the commission and that provides	21578
appropriate coordination with the national contingency plan and	21579
the regional contingency plan required by section 105 of the	21580
"Comprehensive Environmental Response, Compensation, and Liability	21581
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended. The	21582
plan shall ensure a well-coordinated response by state agencies	21583
that may be involved in assisting local emergency responders	21584
during a major release of oil or a major sudden and accidental	21585
release of a hazardous substance or extremely hazardous substance.	21586
The plan may incorporate existing state emergency response plans	21587
by reference. At least annually, the commission and the state	21588
agencies that are represented on it shall jointly exercise the	21589
state plan in conjunction with the exercise of a local emergency	21590
response plan by a local emergency planning committee under	21591
section 3750.04 of the Revised Code. After any such exercise, the	21592
commission shall review the state plan and make such revisions in	21593
it as the commission considers necessary or appropriate.	21594

(14) Receive and decide claims for the protection of	21595
information as a trade secret that pertain only to extremely	21596
hazardous substances and hazardous chemicals identified or listed	21597
by rules adopted under division (C)(5) of this section. If the	21598
commission determines that the claim meets the criteria	21599
established in rules adopted under division (B)(5) of this	21600
section, it shall issue an order to that effect in accordance with	21601
section 3750.18 of the Revised Code. If the commission determines	21602
that the claim does not meet the criteria established in those	21603
rules, it shall issue an order to that effect in accordance with	21604
section 3750.18 of the Revised Code.	21605

(15) Annually compile, make available to the public, and	21606
submit to the president of the senate and the speaker of the house	21607
of representatives a summary report on the number of facilities	21608
estimated to be subject to regulation under sections 3750.05,	21609
3750.07, and 3750.08 of the Revised Code, the number of facilities	21610
reporting to the commission, an estimate of the percentage of	21611
facilities in compliance with those sections, and recommendations	21612
regarding the types of activities the commission considers	21613
necessary to improve such compliance. The commission shall base	21614
its estimate of the number of facilities that are subject to	21615
regulation under those sections on the current estimates provided	21616
by the local emergency planning committees under division (D)(6)	21617
of section 3750.03 of the Revised Code.	21618

(C) The commission may:

21619

(1) Procure by contract the temporary or intermittent	21620
services of experts or consultants when those services are to be	21621
performed on a part-time or fee-for-service basis and do not	21622
involve the performance of administrative duties;	21623

(2) Enter into contracts or agreements with political	21624
subdivisions or emergency planning districts for the purposes of	21625
this chapter;	21626

(3) Accept on behalf of the state any gift, grant, or	21627
contribution from any governmental or private source for the	21628
purposes of this chapter;	21629

(4) Enter into contracts, agreements, or memoranda of	21630
understanding with any state department, agency, board,	21631
commission, or institution to obtain the services of personnel	21632
thereof or utilize resources thereof for the purposes of this	21633
chapter. Employees of a state department, agency, board,	21634
commission, or institution providing services to the commission	21635
under any such contract, agreement, or memorandum shall perform	21636
only those functions and provide only the services provided for in	21637
the contract, agreement, or memorandum.	21638

(5) Identify or list extremely hazardous substances in	21639
addition to those identified or listed in rules adopted under	21640
division (B)(1)(a) of this section and establish threshold	21641
planning quantities and reportable quantities for the additional	21642
extremely hazardous substances, identify or list hazardous	21643
chemicals in addition to those identified or listed in rules	21644
adopted under division (B)(1)(b) of this section and establish	21645
threshold quantities and categories or health and physical hazards	21646
for the added chemicals, and identify or list hazardous substances	21647
in addition to those identified or listed in rules adopted under	21648
division (B)(1)(c) of this section and establish reportable	21649
quantities for the added hazardous substances. The commission may	21650
establish threshold planning quantities for the additional	21651
extremely hazardous substances based upon classes of those	21652
substances or categories of facilities at which they are present	21653
and may establish threshold quantities for the additional	21654
hazardous chemicals based upon classes of those chemicals or	21655
categories of facilities where they are present. The commission	21656
shall identify or list such additional substances or chemicals and	21657
establish threshold planning quantities, threshold quantities,	21658
reportable quantities, and hazard categories therefor in	21659
accordance with the criteria and procedures established in rules	21660
adopted under division (B)(4) of this section and, after	21661
compliance with those criteria and procedures, by the adoption of	21662
rules in accordance with Chapter 119. of the Revised Code. The	21663
commission shall not adopt rules under division (C)(5) of this	21664
section modifying any threshold planning quantity established in	21665
rules adopted under division (B)(1)(a) of this section, any	21666
threshold quantity established in rules adopted under division	21667
(B)(1)(b) of this section, or any reportable quantity established	21668
in rules adopted under division (B)(1)(c) of this section.	21669

If, after the commission has adopted rules under division	21670
(C)(5) of this section identifying or listing an extremely	21671
hazardous substance, hazardous chemical, or hazardous substance,	21672
the administrator of the United States environmental protection	21673
agency identifies or lists the substance or chemical as an	21674
extremely hazardous substance or hazardous chemical under the	21675
"Emergency Planning and Community Right-To-Know Act of 1986," 100	21676
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance	21677
as a hazardous substance under the "Comprehensive Environmental	21678
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	21679
42 U.S.C.A. 9602, as amended, the commission shall rescind its	21680
rules adopted under division (C)(5) of this section pertaining to	21681
the substance or chemical and adopt the appropriate rules under	21682
division (B)(1)(a), (b), or (c) of this section.	21683

(6) From time to time, request the director of environmental	21684
protection and the executive director of the emergency management	21685
agency to review implementation, administration, and enforcement	21686
of the chemical emergency response planning and reporting programs	21687
created by this chapter and rules adopted under it regarding their	21688
effectiveness in preparing for response to releases of extremely	21689
hazardous substances, hazardous chemicals, and hazardous	21690
substances. After completion of any such review, the director of	21691
environmental protection and the director of public safety shall	21692
report their findings to the commission. Upon receipt of their	21693
findings, the commission may make such recommendations for	21694
legislative and administrative action as the commission finds	21695
necessary or appropriate to promote achievement of the purposes of	21696
this chapter.	21697

(D) Except as provided in section 3750.06 of the Revised	21698
Code, nothing in this chapter applies to the transportation,	21699
including the storage incident to transportation, of any substance	21700
or chemical subject to the requirements of this chapter, including	21701
the transportation and distribution of natural gas.	21702

(E) This chapter authorizes the state, through the emergency	21703
response commission, the department of public safety, and the	21704
environmental protection agency, to establish and maintain	21705
chemical emergency response planning and preparedness, community	21706
right-to-know, and hazardous substance and extremely hazardous	21707
substance release reporting programs that are consistent with and	21708
equivalent in scope, coverage, and content to the "Emergency	21709
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	21710
42 U.S.C.A. 11001, and regulations adopted under it, except as	21711
otherwise specifically required or authorized in this chapter. The	21712
commission, department, and agencies may do all things necessary,	21713
incidental, or appropriate to implement, administer, and enforce	21714
this chapter and to perform the duties and exercise the powers of	21715
the state emergency response commission under that act and	21716
regulations adopted under it and under this chapter.	21717

Sec. 3769.08.  (A) Any person holding a permit to conduct a	21718
horse-racing meeting may provide a place in the race meeting	21719
grounds or enclosure at which the permit holder may conduct and	21720
supervise the pari-mutuel system of wagering by patrons of legal	21721
age on the live racing programs and simulcast racing programs	21722
conducted by such the permit holder.	21723

Such The pari-mutuel method of wagering upon the live racing	21724
programs and simulcast racing programs held at or conducted within	21725
such race track, and at the time of such horse-racing meeting, or	21726
at other times authorized by the state racing commission, shall	21727
not be unlawful. No other place, except that provided and	21728
designated by the permit holder and except as provided in section	21729
3769.26 of the Revised Code, nor any other method or system of	21730
betting or wagering, except the pari-mutuel system, shall be used	21731
or permitted by the permit holder; nor, except as provided in	21732
section 3769.089 or 3769.26 of the Revised Code, shall the	21733
pari-mutuel system of wagering be conducted by the permit holder	21734
on any races except the races at the race track, grounds, or	21735
enclosure for which the person holds a permit. Each permit holder	21736
may retain as a commission an amount not to exceed eighteen per	21737
cent of the total of all moneys wagered.	21738

The pari-mutuel wagering authorized by this section is	21739
subject to sections 3769.25 to 3769.27 3769.28 of the Revised	21740
Code.	21741

(B) At the close of each racing day, each permit holder	21742
authorized to conduct thoroughbred racing, out of the amount	21743
retained on that day by the permit holder, shall pay by check,	21744
draft, or money order to the tax commissioner, as a tax, a sum	21745
equal to the following percentages of the total of all moneys	21746
wagered on live racing programs on that day and shall separately	21747
compute and pay by check, draft, or money order to the tax	21748
commissioner, as a tax, a sum equal to the following percentages	21749
of the total of all money wagered on simulcast racing programs on	21750
that day:	21751

(1) One per cent of the first two hundred thousand dollars	21752
wagered, or any part thereof of that amount;	21753

(2) Two per cent of the next one hundred thousand dollars	21754
wagered, or any part thereof of that amount;	21755

(3) Three per cent of the next one hundred thousand dollars	21756
wagered, or any part thereof of that amount;	21757

(4) Four per cent of all sums over four hundred thousand	21758
dollars wagered.	21759

Except as otherwise provided in section 3769.089 of the	21760
Revised Code, each permit holder authorized to conduct	21761
thoroughbred racing shall use for purse money a sum equal to fifty	21762
per cent of the pari-mutuel revenues retained by the permit holder	21763
as a commission after payment of the state tax. This fifty per	21764
cent payment shall be in addition to the purse distribution from	21765
breakage specified in this section.	21766

Subject to division (M) of this section, from the moneys paid	21767
to the tax commissioner by thoroughbred-racing thoroughbred racing	21768
permit holders, one-half of one per cent of the total of all	21769
moneys so wagered on a racing day shall be paid into the Ohio	21770
fairs fund created by section 3769.082 of the Revised Code, one	21771
and one-eighth per cent of the total of all moneys so wagered on a	21772
racing day shall be paid into the Ohio thoroughbred race fund	21773
created by section 3769.083 of the Revised Code, and one-quarter	21774
of one per cent of the total of all moneys wagered on a racing day	21775
by each permit holder shall be paid into the state racing	21776
commission operating fund created by section 3769.03 of the	21777
Revised Code. The required payment to the state racing commission	21778
operating fund does not apply to county and independent fairs and	21779
agricultural societies. The remaining moneys may be retained by	21780
the permit holder, except as provided in this section with respect	21781
to the odd cents redistribution. Amounts paid into the PASSPORT	21782
fund shall be used solely for the support of the PASSPORT program	21783
as determined in appropriations made by the general assembly. If	21784
the PASSPORT program is abolished, the amount that would have been	21785
paid to the PASSPORT fund under this chapter shall be paid to the	21786
general revenue fund of the state. As used in this chapter,	21787
"PASSPORT program" means the PASSPORT program created under	21788
section 173.40 of the Revised Code.	21789

During calendar year 1994, the The total amount paid to the	21790
Ohio thoroughbred race fund under this section and section	21791
3769.087 of the Revised Code shall not exceed by more than six per	21792
cent the total amount paid to this fund under this section and	21793
that section during calendar year 1990. During each calendar year	21794
after calendar year 1994, the total amount paid to this fund under	21795
this section and that section shall not exceed by more than six	21796
per cent the total amount paid to this fund under this section and	21797
that section during the immediately preceding calendar year.	21798

Each year, the total amount calculated for payment into the	21799
Ohio fairs fund under this division, division (C) of this section,	21800
and section 3769.087 of the Revised Code shall be an amount	21801
calculated using the percentages specified in this division,	21802
division (C) of this section, and section 3769.087 of the Revised	21803
Code. Until January 1, 1996, the total amount actually paid into	21804
the Ohio fairs fund under this division, division (C) of this	21805
section, and section 3769.087 of the Revised Code during each	21806
calendar year shall not exceed the total amount that was actually	21807
paid into that fund under this division, division (C) of this	21808
section, and section 3769.087 of the Revised Code during calendar	21809
year 1990, plus five hundred thousand dollars. Beginning on	21810
January 1, 1996, and continuing through December 31, 1998, the	21811
total amount actually paid into the Ohio fairs fund during each	21812
calendar year under this division, division (C) of this section,	21813
and section 3769.087 of the Revised Code shall not exceed by more	21814
than five per cent an amount equal to the total amount actually	21815
paid into the Ohio fairs fund during the immediately preceding	21816
calendar year.	21817

A permit holder may contract with a thoroughbred horsemen's	21818
organization for the organization to act as a representative of	21819
all thoroughbred owners and trainers participating in a	21820
horse-racing meeting conducted by the permit holder. A	21821
"thoroughbred horsemen's organization" is any corporation or	21822
association that represents, through membership or otherwise, more	21823
than one-half of the aggregate of all thoroughbred owners and	21824
trainers who were licensed and actively participated in racing	21825
within this state during the preceding calendar year. Except as	21826
otherwise provided in this paragraph, any moneys received by a	21827
thoroughbred horsemen's organization shall be used exclusively for	21828
the benefit of thoroughbred owners and trainers racing in this	21829
state through the administrative purposes of the organization,	21830
benevolent activities on behalf of the horsemen, promotion of the	21831
horsemen's rights and interests, and promotion of equine research.	21832
A thoroughbred horsemen's organization may expend not more than an	21833
aggregate of five per cent of its annual gross receipts, or a	21834
larger amount as approved by the organization, for dues,	21835
assessments, and other payments to all other local, national, or	21836
international organizations having as their primary purposes the	21837
promotion of thoroughbred horse racing, thoroughbred horsemen's	21838
rights, and equine research.	21839

(C) Except as otherwise provided in division (B) of this	21840
section, at the close of each racing day, each permit holder	21841
authorized to conduct harness or quarter horse racing, out of the	21842
amount retained that day by the permit holder, shall pay by check,	21843
draft, or money order to the tax commissioner, as a tax, a sum	21844
equal to the following percentages of the total of all moneys	21845
wagered on live racing programs and shall separately compute and	21846
pay by check, draft, or money order to the tax commissioner, as a	21847
tax, a sum equal to the following percentages of the total of all	21848
money wagered on simulcast racing programs on that day:	21849

(1) One per cent of the first two hundred thousand dollars	21850
wagered, or any part thereof of that amount;	21851

(2) Two per cent of the next one hundred thousand dollars	21852
wagered, or any part thereof of that amount;	21853

(3) Three per cent of the next one hundred thousand dollars	21854
wagered, or any part thereof of that amount;	21855

(4) Four per cent of all sums over four hundred thousand	21856
dollars wagered.	21857

Except as otherwise provided in division (B) and subject to	21858
division (M) of this section, from the moneys paid to the tax	21859
commissioner by permit holders authorized to conduct harness or	21860
quarter horse racing, one-half of one per cent of all moneys	21861
wagered on that racing day shall be paid into the Ohio fairs fund;	21862
from the moneys paid to the tax commissioner by permit holders	21863
authorized to conduct harness racing, five-eighths of one per cent	21864
of all moneys wagered on that racing day shall be paid into the	21865
Ohio standardbred development fund; and from the moneys paid to	21866
the tax commissioner by permit holders authorized to conduct	21867
quarter horse racing, five-eighths of one per cent of all moneys	21868
wagered on that racing day shall be paid into the Ohio quarter	21869
horse development fund.	21870

(D) In addition, subject to division (M) of this section,	21871
beginning on January 1, 1996, from the money paid to the tax	21872
commissioner as a tax under this section and section 3769.087 of	21873
the Revised Code by harness horse permit holders, one-half of one	21874
per cent of the amount wagered on a racing day shall be paid into	21875
the Ohio standardbred development fund. Beginning January 1,	21876
1998, the payment to the Ohio standardbred development fund	21877
required under this division (D) of this section does not apply to	21878
county agricultural societies or independent agricultural	21879
societies.	21880

During calendar year 1994, the The total amount paid to the	21881
Ohio standardbred development fund under this division, division	21882
(C) of this section, and section 3769.087 of the Revised Code and	21883
the total amount paid to the Ohio quarter horse development fund	21884
under this division and that section shall not exceed by more than	21885
six per cent the total amount paid to each of these funds under	21886
this division and that section during calendar year 1990. During	21887
each calendar year after calendar year 1994, the total amount paid	21888
to each of these funds shall not exceed by more than six per cent	21889
the total amount paid into the fund under this division, division	21890
(C) of this section, and section 3769.087 of the Revised Code in	21891
the immediately preceding calendar year.	21892

(E) Subject to division (M) of this section, from the money	21893
paid as a tax under this chapter by harness and quarter horse	21894
permit holders, one-quarter of one per cent of the total of all	21895
moneys wagered on a racing day by each permit holder shall be paid	21896
into the state racing commission operating fund created by section	21897
3769.03 of the Revised Code. This division does not apply to	21898
county and independent fairs and agricultural societies.	21899

(F) Except as otherwise provided in section 3769.089 of the	21900
Revised Code, each permit holder authorized to conduct harness	21901
racing shall pat pay to the harness horsemen's purse pool a sum	21902
equal to fifty per cent of the pari-mutuel revenues retained by	21903
the permit holder as a commission after payment of the state tax.	21904
This fifty per cent payment is to be in addition to the purse	21905
distribution from breakage specified in this section.	21906

(G) In addition, each permit holder authorized to conduct	21907
harness racing shall be allowed to retain the odd cents of all	21908
redistribution to be made on all mutual contributions exceeding a	21909
sum equal to the next lowest multiple of ten.	21910

Forty per cent of that portion of that total sum of such odd	21911
cents shall be used by the permit holder for purse money for Ohio	21912
sired, bred, and owned colts, for purse money for Ohio bred	21913
horses, and for increased purse money for horse races. Upon the	21914
formation of the corporation described in section 3769.21 of the	21915
Revised Code to establish a harness horsemen's health and	21916
retirement fund, twenty-five per cent of that portion of that	21917
total sum of odd cents shall be paid at the close of each racing	21918
day by the permit holder to such that corporation to establish and	21919
fund the health and retirement fund. Until such that corporation	21920
is formed, such that twenty-five per cent shall be paid at the	21921
close of each racing day by the permit holder to the tax	21922
commissioner or the tax commissioner's agent in the county seat of	21923
the county in which the permit holder operates race meetings. The	21924
remaining thirty-five per cent of that portion of that total sum	21925
of odd cents shall be retained by the permit holder.	21926

(H) In addition, each permit holder authorized to conduct	21927
thoroughbred racing shall be allowed to retain the odd cents of	21928
all redistribution to be made on all mutuel contributions	21929
exceeding a sum equal to the next lowest multiple of ten. Twenty	21930
per cent of that portion of that total sum of such odd cents shall	21931
be used by the permit holder for increased purse money for horse	21932
races. Upon the formation of the corporation described in section	21933
3769.21 of the Revised Code to establish a thoroughbred horsemen's	21934
health and retirement fund, forty-five per cent of that portion of	21935
that total sum of odd cents shall be paid at the close of each	21936
racing day by the permit holder to such that corporation to	21937
establish and fund the health and retirement fund. Until such	21938
that corporation is formed, such that forty-five per cent shall be	21939
paid by the permit holder to the tax commissioner or the tax	21940
commissioner's agent in the county seat of the county in which the	21941
permit holder operates race meetings, at the close of each racing	21942
day. The remaining thirty-five per cent of that portion of that	21943
total sum of odd cents shall be retained by the permit holder.	21944

(I) In addition, each permit holder authorized to conduct	21945
quarter horse racing shall be allowed to retain the odd cents of	21946
all redistribution to be made on all mutuel contributions	21947
exceeding a sum equal to the next lowest multiple of ten, subject	21948
to a tax of twenty-five per cent on that portion of the total sum	21949
of such odd cents that is in excess of two thousand dollars during	21950
a calendar year, which tax shall be paid at the close of each	21951
racing day by the permit holder to the tax commissioner or the tax	21952
commissioner's agent in the county seat of the county within which	21953
the permit holder operates race meetings. Forty per cent of that	21954
portion of that total sum of such odd cents shall be used by the	21955
permit holder for increased purse money for horse races. The	21956
remaining thirty-five per cent of that portion of that total sum	21957
of odd cents shall be retained by the permit holder.	21958

(J)(1) To encourage the improvement of racing facilities for	21959
the benefit of the public, breeders, and horse owners, and to	21960
increase the revenue to the state from the increase in pari-mutuel	21961
wagering resulting from such those improvements, the taxes paid by	21962
a permit holder to the state as provided for in this chapter shall	21963
be reduced by three-fourths of one per cent of the total amount	21964
wagered for those permit holders who make capital improvements to	21965
existing race tracks or construct new race tracks. The percentage	21966
of the reduction that may be taken each racing day shall equal	21967
seventy-five per cent of the tax levied under divisions (B) and	21968
(C) of this section and section 3769.087 of the Revised Code, and	21969
division (F)(2) of section 3769.26 of the Revised Code, as	21970
applicable, divided by the calculated amount each fund should	21971
receive under divisions (B) and (C) of this section and section	21972
3769.087 of the Revised Code, and division (F)(2) of section	21973
3769.26 of the Revised Code and the reduction provided for in this	21974
division. If the resulting percentage is less than one, that	21975
percentage shall be multiplied by the amount of the reduction	21976
provided for in this division. Otherwise, the permit holder shall	21977
receive the full reduction provided for in this division. The	21978
amount of the allowable reduction not received shall be carried	21979
forward and applied against future tax liability. After any	21980
reductions expire, any reduction carried forward shall be treated	21981
as a reduction as provided for in this division. If	21982

If more than one permit holder is authorized to conduct	21983
racing at the facility that is being built or improved, the cost	21984
of the new race track or capital improvement shall be allocated	21985
between or among all the permit holders in the ratio that the	21986
permit holders' number of racing days bears to the total number of	21987
racing days conducted at the facility. Such	21988

A reduction for a new race track or a capital improvement	21989
shall start from the day racing is first conducted following the	21990
date actual construction of the new race track or each capital	21991
improvement is completed and the construction cost has been	21992
certified approved by the racing commission, unless otherwise	21993
provided in this section. Such A reduction for a new race track or	21994
a capital improvement shall continue for a period of twenty-five	21995
years for new race tracks and for fifteen years for new capital	21996
improvements if the construction of the capital improvement or new	21997
race track commenced prior to March 29, 1988, and for a period of	21998
ten years for new race tracks or new capital improvements if the	21999
construction of the capital improvement or new race track	22000
commenced on or after March 29, 1988, but before the effective	22001
date of this amendment, or until the total tax reduction reaches	22002
seventy per cent of the approved cost of the new race track or new	22003
capital improvement, as allocated to each permit holder, whichever	22004
occurs first. The tax A reduction for a new race track or a	22005
capital improvement approved after the effective date of this	22006
amendment shall continue until the total tax reduction reaches one	22007
hundred per cent of the approved cost of the new race track or	22008
capital improvement, as allocated to each permit holder.	22009

A reduction granted for any a new race track or a capital	22010
improvement, the application for which was approved by the racing	22011
commission after March 29, 1988, but before the effective date of	22012
this amendment, shall not commence nor shall the ten-year period	22013
begin to run until all prior tax reductions with respect to the	22014
same race track have ended. The total tax reduction because of	22015
capital improvements shall not during any one year exceed for all	22016
permit holders using any one track three-fourths of one per cent	22017
of the total amount wagered, regardless of the number of capital	22018
improvements made. Several capital improvements to a race track	22019
may be consolidated in an application if the racing commission	22020
approved the application prior to March 29, 1988. No permit	22021
holder may receive a tax reduction for a capital improvement	22022
approved by the racing commission on or after March 29, 1988, at a	22023
race track until all tax reductions have ended for all prior	22024
capital improvements approved by the racing commission under this	22025
section or section 3769.20 of the Revised Code at that race track.	22026
If there are two or more permit holders operating meetings at the	22027
same track, they may consolidate their applications. The racing	22028
commission shall notify the tax commissioner when the diminution	22029
reduction of tax begins and when it ends. Each	22030

Each fiscal year the racing commission shall submit a report	22031
to the tax commissioner, the office of budget and management, and	22032
the legislative budget office of the legislative service	22033
commission. The report shall identify each capital improvement	22034
project undertaken under this division and in progress at each	22035
race track, indicate the total cost of each such project, state	22036
the tax reduction that resulted from each such project during the	22037
immediately preceding fiscal year, estimate the tax reduction that	22038
will result from each such project during the current fiscal year,	22039
state the total tax reduction that resulted from all such projects	22040
at all race tracks during the immediately preceding fiscal year,	22041
and estimate the total tax reduction that will result from all	22042
such projects at all race tracks during the current fiscal year.	22043

(2) In order to qualify for the reduction in tax, a permit	22044
holder shall apply to the racing commission in such form as the	22045
commission may require and shall provide full details of the new	22046
racing race track or capital improvement, including a schedule for	22047
its construction and completion, and set forth the costs and	22048
expenses incurred in connection therewith with it. The racing	22049
commission shall not approve an application unless the permit	22050
holder shows that a contract for the new race track or capital	22051
improvement has been let under an unrestricted competitive bidding	22052
procedure, unless the contract is exempted by the controlling	22053
board because of its unusual nature. In determining whether to	22054
approve an application, the racing commission shall consider	22055
whether the new race track or capital improvement will promote the	22056
safety, convenience, and comfort of the racing public and horse	22057
owners and generally tend towards the improvement of racing in	22058
this state.	22059

(3) If a new race track or capital improvement is approved	22060
by the racing commission and construction has started, the tax	22061
adjustment reduction may be authorized by the commission upon	22062
presentation of copies of paid bills in excess of one hundred	22063
thousand dollars or ten per cent of the approved cost, whichever	22064
is greater. After the initial authorization, the permit holder	22065
shall present copies of paid bills. If the permit holder is in	22066
substantial compliance with the schedule for construction and	22067
completion of the new race track or capital improvement, the	22068
racing commission may authorize the continuation of the tax	22069
adjustment reduction upon the presentation of such the additional	22070
paid bills. The total amount of the tax adjustment reduction	22071
authorized shall not exceed seventy per cent the percentage of the	22072
approved cost of the new race track or capital improvement	22073
specified in division (J)(1) of this section. The racing	22074
commission may terminate any tax adjustment reduction immediately	22075
if a permit holder fails to complete the new race track or capital	22076
improvement, or to substantially comply with the schedule for	22077
construction and completion of the new race track or capital	22078
improvement. If a permit holder fails to complete a new race	22079
track or capital improvement, the racing commission shall order	22080
the permit holder to repay to the state the total amount of tax	22081
reduced. The normal tax paid by the permit holder shall be	22082
increased by three-fourths of one per cent of the total amount	22083
wagered until the total amount of the additional tax collected	22084
equals the total amount of tax reduced.	22085

(4) As used in this section, "capital:

22086

(a) "Capital improvement" means an addition, replacement, or	22087
remodeling of a structural unit of a race track facility costing	22088
at least one hundred thousand dollars, including, but not limited	22089
to, the construction of barns used exclusively for such the race	22090
track facility, backstretch facilities for horsemen, paddock	22091
facilities, new pari-mutuel and totalizator equipment and	22092
appurtenances thereto to that equipment purchased by the track,	22093
new access roads, new parking areas, the complete reconstruction,	22094
reshaping, and leveling of the race track racing surface and	22095
appurtenances, the installation of permanent new heating or air	22096
conditioning, and roof replacement or restoration, installations	22097
of a permanent nature forming a part of the track structure, and	22098
construction of buildings that are located on a permit holder's	22099
premises. "Capital improvement" does not include the cost of	22100
replacement of equipment that is not permanently installed,	22101
ordinary repairs, painting, and maintenance required to keep a	22102
race track facility in ordinary operating condition. "New	22103

(b) "New race track" or "new racing track" includes the	22104
reconstruction of a race track damaged by fire or other cause that	22105
has been declared by the racing commission, as a result of the	22106
damage, to be an inadequate facility for the safe operation of	22107
horse racing.	22108

(c) "Approved cost" includes all debt service and interest	22109
costs that are associated with a capital improvement or new race	22110
track and that the racing commission approves for a tax reduction	22111
under division (J) of this section.	22112

(5) The racing commission shall not approve an application	22113
for a tax reduction under this section if it has reasonable cause	22114
to believe that the actions or negligence of the permit holder	22115
substantially contributed to the damage suffered by the track due	22116
to fire or other cause. The racing commission shall obtain any	22117
data or information available from a fire marshal, law enforcement	22118
official, or insurance company concerning any fire or other damage	22119
suffered by a track, prior to approving an application for a tax	22120
reduction.	22121

(6) The approved cost and expenses to which a tax reduction	22122
applies shall be determined by generally accepted accounting	22123
principles and verified by an audit of the permit holder's records	22124
upon completion of the project by the racing commission, or by an	22125
independent certified public accountant selected by the permit	22126
holder and approved by the commission.	22127

The tax reductions for capital improvements and new tracks	22128
provided for in this division apply only to tax reductions	22129
approved by the state racing commission prior to the effective	22130
date of this amendment.	22131

(K) No other license or excise tax or fee, except as	22132
provided in sections 3769.01 to 3769.14 of the Revised Code, shall	22133
be assessed or collected from such licensee by any county,	22134
township, district, municipal corporation, or other body having	22135
power to assess or collect a tax or fee. That portion of the tax	22136
paid under this section by permit holders for racing conducted at	22137
and during the course of an agricultural exposition or fair, and	22138
that portion of the tax that would have been paid by eligible	22139
permit holders into the PASSPORT fund as a result of racing	22140
conducted at and during the course of an agricultural exposition	22141
or fair, shall be deposited into the state treasury to the credit	22142
of the horse racing tax fund, which is hereby created for the use	22143
of the agricultural societies of the several counties in which the	22144
taxes originate. The state racing commission shall determine	22145
eligible permit holders for purposes of the preceding sentence,	22146
taking into account the breed of horse, the racing dates, the	22147
geographic proximity to the fair, and the best interests of Ohio	22148
racing. On the first day of any month on which there is money in	22149
the fund, the director of budget and management tax commissioner	22150
shall provide for payment to the treasurer of each agricultural	22151
society the amount of the taxes collected under this section upon	22152
racing conducted at and during the course of any exposition or	22153
fair conducted by such the society.	22154

(L) From the tax paid under this section by harness track	22155
permit holders, the tax commissioner shall pay into the Ohio	22156
thoroughbred race fund a sum equal to a percentage of the amount	22157
wagered upon which such the tax is paid. The percentage shall be	22158
determined by the tax commissioner and shall be rounded to the	22159
nearest one-hundredth. The percentage shall be such that, when	22160
multiplied by the amount wagered upon which tax was paid by the	22161
harness track permit holders in the most recent year for which	22162
final figures are available, it results in a sum that	22163
substantially equals the same amount of tax paid by the tax	22164
commissioner during that year into the Ohio fairs fund from taxes	22165
paid by thoroughbred permit holders. This division does not apply	22166
to county and independent fairs and agricultural societies.	22167

(M) Twenty-five per cent of the taxes levied on	22168
thoroughbred-racing thoroughbred racing permit holders,	22169
harness-racing harness racing permit holders, and quarter horse	22170
racing permit holders under this section, section 3769.087 of the	22171
Revised Code, and division (F)(2) of section 3769.26 of the	22172
Revised Code shall be paid to into the PASSPORT fund. The tax	22173
commissioner shall pay any money remaining, after the payment to	22174
into the PASSPORT fund and the reductions provided for in division	22175
(J) of this section and in section 3769.20 of the Revised Code,	22176
into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio	22177
standardbred development fund, Ohio quarter horse fund, and state	22178
racing commission operating fund as prescribed in this section and	22179
section 3769.087 of the Revised Code; except that the state racing	22180
commission operating fund shall not receive more than two million	22181
five hundred thousand dollars in any calendar year. The tax	22182
commissioner shall thereafter use and apply the balance of the	22183
money paid as a tax by any permit holder to cover any shortage in	22184
the accounts of such funds resulting from an insufficient payment	22185
as a tax by any other permit holder. The moneys received by the	22186
tax commissioner shall be deposited weekly and paid by the tax	22187
commissioner into the funds to cover the total aggregate amount	22188
due from all permit holders to the funds, as calculated under this	22189
section and section 3769.087 of the Revised Code, as applicable.	22190
If, after the payment to into the PASSPORT fund, sufficient funds	22191
are not available from the tax deposited by the tax commissioner	22192
to pay the required amount amounts into the Ohio fairs fund, Ohio	22193
standardbred development fund, Ohio thoroughbred race fund, Ohio	22194
quarter horse fund, and the state racing commission operating	22195
fund, the tax commissioner shall prorate on a proportional basis	22196
the amount paid to each of the funds. Any shortage to the funds	22197
as a result of a proration shall be applied against future	22198
deposits for the same calendar year when funds are available.	22199
After this application, the tax commissioner shall pay any	22200
remaining money paid as a tax by all permit holders into the	22201
PASSPORT fund. If the Ohio fairs fund does not receive two million	22202
five hundred thousand dollars in calendar year 1997 or 1998, the	22203
tax commissioner shall pay into the Ohio fairs fund, on a prorated	22204
basis, money that would have been paid into the Ohio thoroughbred	22205
race fund, Ohio standardbred development fund, Ohio quarter horse	22206
development fund, and state racing commission operating fund and	22207
the portion that was retained by the tracks the previous calendar	22208
year as a reduction provided for in division (J) of this section	22209
and section 3769.20 of the Revised Code until the previous year's	22210
deficiency is met. Each track that has an existing reduction	22211
shall increase its reduction credit balance by the amount	22212
determined by the tax commissioner that is needed to meet its	22213
prorated portion of the Ohio fairs fund deficiency. The credit	22214
balance increase shall be paid to the tax commissioner as a tax.	22215
This division does not apply to permit holders conducting racing	22216
at the course of an agricultural exposition or fair as described	22217
in division (K) of this section.	22218

Sec. 3769.20.  (A) To encourage the renovation of existing	22219
racing facilities for the benefit of the public, breeders, and	22220
horse owners and to increase the revenue to the state from the	22221
increase in pari-mutuel wagering resulting from such improvement,	22222
the taxes paid by a permit holder to the state, in excess of the	22223
amount paid to into the PASSPORT fund, shall be reduced by one per	22224
cent of the total amount wagered for those permit holders who	22225
carry out a major capital improvement project. The percentage of	22226
the reduction that may be taken each racing day shall equal	22227
seventy-five per cent of the amount of the tax levied under	22228
divisions (B) and (C) of section 3769.08, section 3769.087, and	22229
division (F)(2) of section 3769.26 of the Revised Code, as	22230
applicable, divided by the calculated amount each fund should	22231
receive under divisions (B) and (C) of section 3769.08, section	22232
3769.087, and division (F)(2) of section 3769.26 of the Revised	22233
Code and the reduction provided for in this section. If the	22234
resulting percentage is less than one, that percentage shall be	22235
multiplied by the amount of the reduction provided for in this	22236
section. Otherwise, the permit holder shall receive the full	22237
reduction provided for in this section. The amount of the	22238
allowable reduction not received shall be carried forward and	22239
added to any other reduction balance and applied against future	22240
tax liability. After any reductions expire, any reduction carried	22241
forward shall be treated as a reduction as provided for in this	22242
section. If the amount of allowable abatement reduction exceeds	22243
the amount of taxes derived from a permit holder, the amount of	22244
the allowable abatement reduction not used may be carried forward	22245
and applied against future tax liability. If	22246

If more than one permit holder is authorized to conduct	22247
racing at the facility that is being improved, the cost of the	22248
major capital improvement project shall be allocated between or	22249
among all the permit holders in the ratio that each permit	22250
holder's number of racing days bears to the total number of racing	22251
days conducted at the facility. Such	22252

A reduction for a major capital improvement project shall	22253
start from the day racing is first conducted following the date on	22254
which the major capital improvement project is completed and the	22255
construction cost has been certified approved by the state racing	22256
commission, except as otherwise provided in division (E) of this	22257
section, and shall continue until the total tax reduction equals	22258
the cost of the major capital improvement project plus debt	22259
service applicable to the project. In no event, however, shall	22260
any tax reduction, excluding any reduction balances, be permitted	22261
under this section after December 31, 2014. The total tax	22262
reduction because of the major capital improvement project shall	22263
not during any one year exceed for all permit holders using any	22264
one track, one per cent of the total amount wagered. The racing	22265
commission shall notify the tax commissioner when the diminution	22266
reduction of tax begins and when it ends.	22267

(B) Each fiscal year, the racing commission shall submit a	22268
report to the tax commissioner, the office of budget and	22269
management, and the legislative budget office of the legislative	22270
service commission. The report shall identify each capital	22271
improvement project undertaken under this section and in progress	22272
at each race track, indicate the total cost of each such project,	22273
state the tax reduction that resulted from each such project	22274
during the immediately preceding fiscal year, estimate the tax	22275
reduction that will result from each such project during the	22276
current fiscal year, state the total tax reduction that resulted	22277
from all such projects at all race tracks during the immediately	22278
preceding fiscal year, and estimate the total tax reduction that	22279
will result from all such projects at all race tracks during the	22280
current fiscal year.	22281

(C) The tax reduction granted pursuant to this section shall	22282
be in addition to any tax reductions for capital improvements and	22283
new race tracks provided for in section 3769.08 of the Revised	22284
Code and approved by the racing commission prior to March 29,	22285
1988.	22286

(D) In order to qualify for the reduction in tax, a permit	22287
holder shall apply to the racing commission in such form as the	22288
commission may require and shall provide full details of the major	22289
capital improvement project, including plans and specifications, a	22290
schedule for the project's construction and completion, and a	22291
breakdown of proposed costs. In addition, the permit holder shall	22292
have commenced construction of the major capital improvement	22293
project or shall have had the application for the project approved	22294
by the racing commission prior to March 29, 1988. The racing	22295
commission shall not approve an application unless the permit	22296
holder shows that a contract for the major capital improvement	22297
project has been let under an unrestricted competitive bidding	22298
procedure, unless the contract is exempted by the controlling	22299
board because of its unusual nature. In determining whether to	22300
approve an application, the racing commission shall consider	22301
whether the major capital improvement project will promote the	22302
safety, convenience, and comfort of the racing public and horse	22303
owners and generally tend toward the improvement of racing in this	22304
state.	22305

(E) If the major capital improvement project is approved by	22306
the racing commission and construction has started, the tax	22307
adjustment reduction may be authorized by the commission upon	22308
presentation of copies of paid bills in excess of five hundred	22309
thousand dollars. After the initial authorization, the permit	22310
holder shall present copies of paid bills in the amount of not	22311
less than five hundred thousand dollars. If the permit holder is	22312
in substantial compliance with the schedule for construction and	22313
completion of the major capital improvement project, the racing	22314
commission may authorize the continuance of the tax adjustment	22315
reduction upon the presentation of such the additional paid bills	22316
in increments of five hundred thousand dollars. The racing	22317
commission may terminate the tax adjustment reduction if a permit	22318
holder fails to complete the major capital improvement project or	22319
fails to comply substantially with the schedule for construction	22320
and completion of the major capital improvement project. If the	22321
time for completion of the major capital improvement project is	22322
delayed by acts of God, strikes, or the unavailability of labor or	22323
materials, the time for completion as set forth in the schedule	22324
shall be extended by the period of the delay. If a permit holder	22325
fails to complete the major capital improvement project, the	22326
racing commission shall order the permit holder to repay to the	22327
state the total amount of tax reduced, unless the permit holder	22328
has spent at least six million dollars on the project. The normal	22329
tax paid by the permit holder under section 3769.08 of the Revised	22330
Code shall be increased by one per cent of the total amount	22331
wagered until the total amount of the additional tax collected	22332
equals the total amount of tax reduced. Any action taken by the	22333
racing commission pursuant to this section in terminating the tax	22334
adjustment or requiring repayment of the amount of tax reduced	22335
shall be subject to Chapter 119. of the Revised Code.	22336

(F) As used in this section, "major capital improvement	22337
project" means the renovation, reconstruction, or remodeling,	22338
costing at least six million dollars, of a race track facility,	22339
including, but not limited to, the construction of barns used	22340
exclusively for that race track facility, backstretch facilities	22341
for horsemen, paddock facilities, pari-mutuel and totalizator	22342
equipment and appurtenances to that equipment purchased by the	22343
track, new access roads, new parking areas, the complete	22344
reconstruction, reshaping, and leveling of the race track racing	22345
surface and appurtenances, grandstand enclosure, installation of	22346
permanent new heating or air conditioning, roof replacement, and	22347
installations of a permanent nature forming a part of the track	22348
structure.	22349

(G) The cost and expenses to which the tax reduction granted	22350
under this section applies shall be determined by generally	22351
accepted accounting principles and be verified by an audit of the	22352
permit holder's records, upon completion of the major capital	22353
improvement project, either by the racing commission or by an	22354
independent certified public accountant selected by the permit	22355
holder and approved by the commission.	22356

(H) This section and section 3769.201 of the Revised Code	22357
govern any tax reduction granted to a permit holder for the cost	22358
to the permit holder of any cleanup, repair, or improvement	22359
required as a result of damage caused by the 1997 Ohio river flood	22360
to the place, track, or enclosure for which the permit is issued.	22361

Sec. 3770.06.  (A) There is hereby created the state lottery	22362
gross revenue fund, which shall be in the custody of the treasurer	22363
of state but shall not be part of the state treasury. All gross	22364
revenues received from sales of lottery tickets, fines, fees, and	22365
related proceeds shall be deposited into the fund. The treasurer	22366
of state shall invest any portion of the fund not needed for	22367
immediate use in the same manner as, and subject to all provisions	22368
of law with respect to the investment of, state funds. The	22369
treasurer of state shall disburse money from the fund on order of	22370
the director of the state lottery commission or the director's	22371
designee. All revenues of the state lottery gross revenue fund	22372
that are not paid to holders of winning lottery tickets, that are	22373
not required to meet short-term prize liabilities, that are not	22374
paid to lottery sales agents in the form of agent bonuses,	22375
commissions, or reimbursements, and that are not paid to financial	22376
institutions to reimburse such those institutions for sales agent	22377
nonsufficient funds shall be transferred to the state lottery	22378
fund, which is hereby created in the state treasury. All	22379
investment earnings of the fund shall be credited to the fund.	22380
Moneys shall be disbursed from the state lottery fund pursuant to	22381
vouchers approved by the director of the state lottery commission.	22382
Total disbursements for monetary prize awards to holders of	22383
winning lottery tickets and purchases of goods and services	22384
awarded as prizes to holders of winning lottery tickets shall be	22385
of an amount equal to at least fifty per cent of the total revenue	22386
accruing from the sale of lottery tickets.	22387

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	22388
there is hereby established in the state treasury the lottery	22389
profits education fund. Whenever, in the judgment of the director	22390
of budget and management, the amount to the credit of the state	22391
lottery fund is in excess of that needed to meet the maturing	22392
obligations of the commission and as working capital for its	22393
further operations, the director shall transfer the excess to the	22394
lottery profits education fund, provided that the amount to be	22395
transferred into the lottery profits education fund shall equal no	22396
less than thirty per cent of the total revenue accruing from the	22397
sale of lottery tickets. Investment earnings of the lottery	22398
profits education fund shall be credited to the fund. There shall	22399
also be credited to the fund any repayments of moneys loaned from	22400
the educational excellence investment fund. The lottery profits	22401
education fund shall be used solely for the support of elementary,	22402
secondary, vocational, and special education programs as	22403
determined in appropriations made by the general assembly, or as	22404
provided in applicable bond proceedings for the payment of debt	22405
service on obligations issued to pay costs of capital facilities,	22406
including those for a system of common schools throughout the	22407
state pursuant to section 2n of Article VIII, Ohio Constitution.	22408
When determining the availability of money in the lottery profits	22409
education fund, the director of budget and management may consider	22410
all balances and estimated revenues of the fund.	22411

From the amounts that the director of budget and management	22412
transfers in any fiscal year from the state lottery fund to the	22413
lottery profits education fund, the director shall transfer the	22414
initial ten million dollars of such those amounts from the lottery	22415
profits education fund to the school building program bond service	22416
fund created in division (Q) of section 3318.26 of the Revised	22417
Code to be pledged for the purpose of paying bond service charges	22418
as defined in division (C) of section 3318.21 of the Revised Code	22419
on one or more issuances of obligations, which obligations are	22420
issued to provide moneys for the school building program	22421
assistance fund created in section 3318.25 of the Revised Code.	22422

(C) There is hereby established in the state treasury the	22423
deferred prizes trust fund. With the approval of the director of	22424
budget and management, an amount sufficient to fund annuity prizes	22425
shall be transferred from the state lottery fund and credited to	22426
the trust fund. The treasurer of state shall credit all earnings	22427
arising from investments purchased under this division to the	22428
fund. Within sixty days after the end of each fiscal year, the	22429
director of budget and management shall certify the amount of	22430
investment earnings necessary to have been credited to the trust	22431
fund during the fiscal year just ending to provide for continued	22432
funding of deferred prizes. Any earnings credited in excess of	22433
this certified amount shall be transferred to the lottery profits	22434
education fund. To provide all or a part of the amounts necessary	22435
to fund deferred prizes awarded by the commission, the treasurer	22436
of state, in consultation with the commission, may invest moneys	22437
contained in the deferred prizes trust fund in obligations of the	22438
type permitted for the investment of state funds but whose	22439
maturities are thirty years or less. Investments of the deferred	22440
prizes trust fund are not subject to the provisions of division	22441
(A)(10) of section 135.143 of the Revised Code limiting to five	22442
per cent the amount of the state's total average portfolio that	22443
may be invested in debt interests and limiting to one-half of one	22444
per cent the amount that may be invested in debt interests of a	22445
single issuer.	22446

All purchases made under this division shall be effected on a	22447
delivery versus payment method and shall be in the custody of the	22448
treasurer of state.	22449

The treasurer of state may retain an investment advisor, if	22450
necessary. The commission shall pay any costs incurred by the	22451
treasurer of state in retaining an investment advisor.	22452

(D) The auditor of state shall conduct annual audits of all	22453
funds and such any other audits as the auditor of state or the	22454
general assembly considers necessary. The auditor of state may	22455
examine all records, files, and other documents of the commission,	22456
and such records of lottery sales agents as that pertain to their	22457
activities as agents, for purposes of conducting authorized	22458
audits.	22459

The state lottery commission shall establish an internal	22460
audit program before the beginning of each fiscal year, subject to	22461
the approval of the auditor of state. At the end of each fiscal	22462
year, the commission shall prepare and submit an annual report to	22463
the auditor of state for the auditor of state's review and	22464
approval, specifying the internal audit work completed by the end	22465
of that fiscal year and reporting on compliance with the annual	22466
internal audit program. The form and content of the report shall	22467
be prescribed by the auditor of state under division (C) of	22468
section 117.20 of the Revised Code.	22469

(E) Whenever, in the judgment of the director of budget and	22470
management, an amount of net state lottery proceeds is necessary	22471
to be applied to the payment of debt service on obligations, all	22472
as defined in sections 151.01 and 151.03 of the Revised Code, the	22473
director shall transfer that amount directly from the state	22474
lottery fund or from the lottery profits education fund to the	22475
bond service fund defined in those sections. The provisions of	22476
this division (E) of this section are subject to any prior pledges	22477
or obligation of those amounts to the payment of bond service	22478
charges as defined in division (C) of section 3318.21 of the	22479
Revised Code, as referred to in division (B) of this section.	22480

Sec. 3793.04.  The department of alcohol and drug addiction	22481
services shall develop, administer, and revise as necessary a	22482
comprehensive statewide alcohol and drug addiction services plan	22483
for the implementation of this chapter. The plan shall emphasize	22484
abstinence from the use of alcohol and drugs of abuse as the	22485
primary goal of alcohol and drug addiction services. The council	22486
on alcohol and drug addiction services shall advise the department	22487
in the development and implementation of the plan.	22488

The plan shall provide for the allocation of state and	22489
federal funds for service furnished by alcohol and drug addiction	22490
programs under contract with boards of alcohol, drug addiction,	22491
and mental health services and for distribution of the funds to	22492
such boards. The plan shall specify the methodology that the	22493
department will use for determining how funds will be allocated	22494
and distributed. A portion of the funds shall be allocated on the	22495
basis of the ratio of the population of each alcohol, drug	22496
addiction, and mental health service district to the total	22497
population of the state as. The portion of the funds allocated on	22498
that basis for a fiscal year shall be not less than the average of	22499
the amount that was allocated on that basis the three previous	22500
fiscal years. The ratio shall be determined from the most recent	22501
federal census or the most recent official estimate made by the	22502
United States census bureau, whichever is more recent, except	22503
that, for fiscal year 2002, fifty per cent of the ratio shall be	22504
determined from the 1990 census and fifty per cent shall be	22505
determined from the 2000 census and, for fiscal year 2003,	22506
twenty-five per cent of the ratio shall be determined from the	22507
1990 census and seventy-five per cent shall be determined from the	22508
2000 census.	22509

The plan shall ensure that alcohol and drug addiction	22510
services of a high quality are accessible to, and responsive to	22511
the needs of, all persons, especially those who are members of	22512
underserved groups, including, but not limited to, African	22513
Americans, Hispanics, native Americans, Asians, juvenile and adult	22514
offenders, women, and persons with special services needs due to	22515
age or disability. The plan shall include a program to promote	22516
and protect the rights of those who receive services.	22517

To aid in formulating the plan and in evaluating the	22518
effectiveness and results of alcohol and drug addiction services,	22519
the department, in consultation with the department of mental	22520
health, shall establish and maintain an information system. The	22521
department of alcohol and drug addiction services shall specify	22522
the information that must be provided by boards of alcohol, drug	22523
addiction, and mental health services and by alcohol and drug	22524
addiction programs for inclusion in the system. The department	22525
shall not collect any information for the purpose of identifying	22526
by name any person who receives a service through a board, except	22527
as required by the state or federal law to validate appropriate	22528
reimbursement.	22529

In consultation with boards, programs, and persons receiving	22530
services, the department shall establish guidelines for the use of	22531
state and federal funds and for the boards' development of plans	22532
for services required by sections 340.033 and 3793.05 of the	22533
Revised Code.	22534

In any fiscal year, the department shall spend, or allocate	22535
to boards, for methadone maintenance programs or any similar	22536
programs not more than eight per cent of the total amount	22537
appropriated to the department for the fiscal year.	22538

Sec. 3902.23.  Beginning one hundred eighty days after rules	22539
adopted under section 3902.22 of the Revised Code take effect, no	22540
third-party payer shall fail to use the standard claim form and	22541
proof of loss prescribed in those rules, except as provided in	22542
section 3729.15 of the Revised Code.	22543

Sec. 3923.28.  (A) Every policy of group sickness and	22544
accident insurance providing hospital, surgical, or medical	22545
expense coverage for other than specific diseases or accidents	22546
only, and delivered, issued for delivery, or renewed in this state	22547
on or after January 1, 1979, and that provides coverage for mental	22548
or emotional disorders, shall provide benefits for services on an	22549
outpatient basis for each eligible person under the policy who	22550
resides in this state for mental or emotional disorders, or for	22551
evaluations, that are at least equal to five hundred fifty dollars	22552
in any calendar year or twelve-month period. The services shall	22553
be legally performed by or under the clinical supervision of a	22554
licensed physician or licensed psychologist, whether performed in	22555
an office, in a hospital, or in a community mental health facility	22556
so long as the hospital or community mental health facility is	22557
approved by the joint commission on accreditation of healthcare	22558
organizations, the council on accreditation for children and	22559
family services, or certified by the department of mental health	22560
as being in compliance with standards established under division	22561
(I) of section 5119.01 of the Revised Code the commission on	22562
accreditation of rehabilitation facilities.	22563

(B) For purposes of this section "community mental health	22564
facility" means a facility approved by a regional health planning	22565
agency or a facility providing services under a board of alcohol,	22566
drug addiction, and mental health services established under	22567
Chapter 340. of the Revised Code, except that where a board	22568
provides direct community mental health service, the approval of	22569
such a board, as to the adequacy of a specific program of such	22570
services that it provides as a community mental health facility	22571
shall be by the director of mental health.	22572

(C) Outpatient benefits offered under division (A) of this	22573
section shall be subject to reasonable contract limitations and	22574
may be subject to reasonable deductibles and co-insurance costs.	22575
Persons entitled to such benefit under more than one service or	22576
insurance contract may be limited to a single	22577
five-hundred-fifty-dollar outpatient benefit for services under	22578
all contracts.	22579

(D) In order to qualify for participation under division (A)	22580
of this section, every facility specified in such division shall	22581
have in effect a plan for utilization review and a plan for peer	22582
review and every person specified in such division shall have in	22583
effect a plan for peer review. Such plans shall have the purpose	22584
of ensuring high quality patient care and effective and efficient	22585
utilization of available health facilities and services.	22586

(E) Nothing in this section shall be construed to require an	22587
insurer to pay benefits which are greater than usual, customary,	22588
and reasonable.	22589

(F)(1) Services performed under the clinical supervision of	22590
a licensed physician or licensed psychologist, in order to be	22591
reimbursable under the coverage required in division (A) of this	22592
section, shall meet both of the following requirements:	22593

(a) The services shall be performed in accordance with a	22594
treatment plan that describes the expected duration, frequency,	22595
and type of services to be performed;	22596

(b) The plan shall be reviewed and approved by a licensed	22597
physician or licensed psychologist every three months.	22598

(2) Payment of benefits for services reimbursable under	22599
division (F)(1) of this section shall not be restricted to	22600
services described in the treatment plan or conditioned upon	22601
standards of clinical supervision that are more restrictive than	22602
standards of a licensed physician or licensed psychologist, which	22603
at least equal the requirements of division (F)(1) of this	22604
section.	22605

Sec. 3923.30.  Every person, the state and any of its	22606
instrumentalities, any county, township, school district, or other	22607
political subdivisions and any of its instrumentalities, and any	22608
municipal corporation and any of its instrumentalities, which	22609
provides payment for health care benefits for any of its employees	22610
resident in this state, which benefits are not provided by	22611
contract with an insurer qualified to provide sickness and	22612
accident insurance, or a health insuring corporation, shall	22613
include the following benefits in its plan of health care benefits	22614
commencing on or after January 1, 1979:	22615

(A) If such plan of health care benefits provides payment	22616
for the treatment of mental or nervous disorders, then such plan	22617
shall provide benefits for services on an outpatient basis for	22618
each eligible employee and dependent for mental or emotional	22619
disorders, or for evaluations, that are at least equal to the	22620
following:	22621

(1) Payments not less than five hundred fifty dollars in a	22622
twelve-month period, for services legally performed by or under	22623
the clinical supervision of a licensed physician or a licensed	22624
psychologist, whether performed in an office, in a hospital, or in	22625
a community mental health facility so long as the hospital or	22626
community mental health facility is approved by the joint	22627
commission on accreditation of hospitals or certified by the	22628
department of mental health as being in compliance with standards	22629
established under division (I) of section 5119.01 of the Revised	22630
Code healthcare organizations, the council on accreditation for	22631
children and family services, or the commission on accreditation	22632
of rehabilitation facilites;	22633

(2) Such benefit shall be subject to reasonable limitations,	22634
and may be subject to reasonable deductibles and co-insurance	22635
costs.	22636

(3) In order to qualify for participation under this	22637
division, every facility specified in this division shall have in	22638
effect a plan for utilization review and a plan for peer review	22639
and every person specified in this division shall have in effect a	22640
plan for peer review. Such plans shall have the purpose of	22641
ensuring high quality patient care and effective and efficient	22642
utilization of available health facilities and services.	22643

(4) Such payment for benefits shall not be greater than	22644
usual, customary, and reasonable.	22645

(5) For purposes of this division, "community mental health	22646
facility" means a facility as defined in section 3923.28 of the	22647
Revised Code.	22648

(6)(a) Services performed under the clinical supervision of	22649
a licensed physician or licensed psychologist, in order to be	22650
reimbursable under the coverage required in division (A) of this	22651
section, shall meet both of the following requirements:	22652

(i) The services shall be performed in accordance with a	22653
treatment plan that describes the expected duration, frequency,	22654
and type of services to be performed;	22655

(ii) The plan shall be reviewed and approved by a licensed	22656
physician or licensed psychologist every three months.	22657

(b) Payment of benefits for services reimbursable under	22658
division (A)(6)(a) of the section shall not be restricted to	22659
services described in the treatment plan or conditioned upon	22660
standards of a licensed physician or licensed psychologist, which	22661
at least equal the requirements of division (A)(6)(a) of this	22662
section.	22663

(B) Payment for benefits for alcoholism treatment for	22664
outpatient, inpatient, and intermediate primary care for each	22665
eligible employee and dependent that are at least equal to the	22666
following:	22667

(1) Payments not less than five hundred fifty dollars in a	22668
twelve-month period for services legally performed by or under the	22669
clinical supervision of a licensed physician or licensed	22670
psychologist, whether performed in an office, or in a hospital or	22671
a community mental health facility or alcoholism treatment	22672
facility so long as the hospital, community mental health	22673
facility, or alcoholism treatment facility is approved by the	22674
joint commission on accreditation of hospitals or certified by the	22675
department of health;	22676

(2) The benefits provided under this division shall be	22677
subject to reasonable limitations and may be subject to reasonable	22678
deductibles and co-insurance costs.	22679

(3) A licensed physician or licensed psychologist shall	22680
every three months certify a patient's need for continued services	22681
performed by such facilities.	22682

(4) In order to qualify for participation under this	22683
division, every facility specified in this division shall have in	22684
effect a plan for utilization review and a plan for peer review	22685
and every person specified in this division shall have in effect a	22686
plan for peer review. Such plans shall have the purpose of	22687
ensuring high quality patient care and efficient utilization of	22688
available health facilities and services. Such person or	22689
facilities shall also have in effect a program of rehabilitation	22690
or a program of rehabilitation and detoxification.	22691

(5) Nothing in this section shall be construed to require	22692
reimbursement for benefits which is greater than usual, customary,	22693
and reasonable.	22694

Sec. 4105.17.  (A) The fee for any inspection, or attempted	22695
inspection that, due to no fault of a general inspector or the	22696
division of industrial compliance, is not successfully completed,	22697
by a general inspector of an elevator required to be inspected	22698
under this chapter is thirty dollars plus five dollars for each	22699
floor where the elevator stops. The superintendent of the	22700
division of industrial compliance may assess a fee of thirty one	22701
hundred twenty-five dollars plus five dollars for each floor where	22702
an elevator stops for the reinspection of an elevator when a	22703
previous attempt to inspect that elevator has been unsuccessful	22704
through no fault of a general inspector or the division of	22705
industrial compliance. The fee for issuing or renewing a	22706
certificate of operation under section 4105.15 of the Revised Code	22707
is thirty-five dollars.	22708

(B) All other fees to be charged for any examination given	22709
or other service performed by the division of industrial	22710
compliance pursuant to this chapter shall be prescribed by the	22711
board of building standards established by section 3781.07 of the	22712
Revised Code. The fees shall be reasonably related to the costs	22713
of such examination or other service.	22714

(C) The board of building standards, subject to the approval	22715
of the controlling board, may establish fees in excess of the fees	22716
provided in division (A) of this section, provided that the fees	22717
do not exceed the amounts established in division (A) of this	22718
section by more than fifty per cent. Any moneys collected under	22719
this section shall be paid into the state treasury to the credit	22720
of the industrial compliance operating fund created in section	22721
121.084 of the Revised Code.	22722

(D) Any person who fails to pay an inspection fee required	22723
for any inspection conducted by the division pursuant to this	22724
chapter within forty-five days after the inspection is conducted	22725
shall pay a late payment fee equal to twenty-five per cent of the	22726
inspection fee.	22727

(E) In addition to the fee assessed in division (A) of this	22728
section, the board of building standards shall assess a fee of	22729
three dollars and twenty-five cents for each certificate of	22730
operation or renewal thereof issued under division (A) of this	22731
section and for each permit issued under section 4105.16 of the	22732
Revised Code. The board shall adopt rules, in accordance with	22733
Chapter 119. of the Revised Code, specifying the manner by which	22734
the superintendent of the division of industrial compliance shall	22735
collect and remit to the board the fees assessed under this	22736
division and requiring that remittance of the fees be made at	22737
least quarterly.	22738

Sec. 4115.10.  (A) No person, firm, corporation, or public	22739
authority that constructs a public improvement with its own	22740
forces, the total overall project cost of which is fairly	22741
estimated to be more than the amounts set forth in division (B)(1)	22742
or (2) of section 4115.03 of the Revised Code, adjusted biennially	22743
by the director of commerce pursuant to section 4115.034 of the	22744
Revised Code, shall violate the wage provisions of sections	22745
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	22746
require any employee to work for less than the rate of wages so	22747
fixed, or violate the provisions of section 4115.07 of the Revised	22748
Code. Any employee upon any public improvement, except an	22749
employee to whom or on behalf of whom restitution is made pursuant	22750
to division (C) of section 4115.13 of the Revised Code, who is	22751
paid less than the fixed rate of wages applicable thereto may	22752
recover from such person, firm, corporation, or public authority	22753
that constructs a public improvement with its own forces the	22754
difference between the fixed rate of wages and the amount paid to	22755
the employee and in addition thereto a sum equal to twenty-five	22756
per cent of that difference. The person, firm, corporation, or	22757
public authority who fails to pay the rate of wages so fixed also	22758
shall pay a penalty to the director of seventy-five per cent of	22759
the difference between the fixed rate of wages and the amount paid	22760
to the employees on the public improvement. The director shall	22761
deposit all moneys received from penalties paid to the director	22762
pursuant to this section into the penalty enforcement fund, which	22763
is hereby created. The penalty enforcement fund shall be in the	22764
custody of the treasurer of state but shall not be part of the	22765
state treasury. The director shall use the fund for the	22766
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	22767
The employee may file suit for recovery within sixty days of the	22768
director's determination of a violation of sections 4115.03 to	22769
4115.16 of the Revised Code or is barred from further action under	22770
this division. Where the employee prevails in a suit, the	22771
employer shall pay the costs and reasonable attorney's fees	22772
allowed by the court.	22773

(B) Any employee upon any public improvement who is paid	22774
less than the prevailing rate of wages applicable thereto may file	22775
a complaint in writing with the director upon a form furnished by	22776
the director. At the written request of any employee paid less	22777
than the prevailing rate of wages applicable, the director shall	22778
take an assignment of a claim in trust for the assigning employee	22779
and bring any legal action necessary to collect the claim. The	22780
employer shall pay the costs and reasonable attorney's fees	22781
allowed by the court if the employer is found in violation of	22782
sections 4115.03 to 4115.16 of the Revised Code.	22783

(C) If after investigation pursuant to section 4115.13 of	22784
the Revised Code, the director determines there is a violation of	22785
sections 4115.03 to 4115.16 of the Revised Code and a period of	22786
sixty days has elapsed from the date of the determination, and if:	22787

(1) No employee has brought suit pursuant to division (A) of	22788
this section;	22789

(2) No employee has requested that the director take an	22790
assignment of a wage claim pursuant to division (B) of this	22791
section;	22792

The director shall bring any legal action necessary to	22793
collect any amounts owed to employees and the bureau director. The	22794
director shall pay over to the affected employees the amounts	22795
collected to which the affected employees are entitled under	22796
division (A) of this section. In any action in which the director	22797
prevails, the employer shall pay the costs and reasonable	22798
attorney's fees allowed by the court.	22799

(D) Where persons are employed and their rate of wages has	22800
been determined as provided in section 4115.04 of the Revised	22801
Code, no person, either for self or any other person, shall	22802
request, demand, or receive, either before or after the person is	22803
engaged, that the person so engaged pay back, return, donate,	22804
contribute, or give any part or all of the person's wages, salary,	22805
or thing of value, to any person, upon the statement,	22806
representation, or understanding that failure to comply with such	22807
request or demand will prevent the procuring or retaining of	22808
employment, and no person shall, directly or indirectly, aid,	22809
request, or authorize any other person to violate this section.	22810
This division does not apply to any agent or representative of a	22811
duly constituted labor organization acting in the collection of	22812
dues or assessments of such organization.	22813

(E) The director shall enforce sections 4115.03 to 4115.16	22814
of the Revised Code.	22815

(F) For the purpose of supplementing existing resources and	22816
to assist in enforcing division (E) of this section, the director	22817
may contract with a person registered as a public accountant under	22818
Chapter 4701. of the Revised Code to conduct an audit of a person,	22819
firm, corporation, or public authority.	22820

Sec. 4121.44.  (A) The administrator of workers'	22821
compensation shall oversee the implementation of the Ohio workers'	22822
compensation qualified health plan system as established under	22823
section 4121.442 of the Revised Code.	22824

(B) The administrator shall direct the implementation of the	22825
health partnership program administered by the bureau as set forth	22826
in section 4121.441 of the Revised Code. To implement the health	22827
partnership program, the bureau:	22828

(1) Shall certify one or more external vendors, which shall	22829
be known as "managed care organizations," to provide medical	22830
management and cost containment services in the health partnership	22831
program for a period of two years beginning on the date of	22832
certification, consistent with the standards established under	22833
this section;	22834

(2) May recertify external vendors for additional periods of	22835
two years; and	22836

(3) May integrate the certified vendors with bureau staff	22837
and existing bureau services for purposes of operation and	22838
training to allow the bureau to assume operation of the health	22839
partnership program at the conclusion of the certification periods	22840
set forth in division (B)(1) or (2) of this section.	22841

(C) Any vendor selected shall demonstrate all of the	22842
following:	22843

(1) Arrangements and reimbursement agreements with a	22844
substantial number of the medical, professional and pharmacy	22845
providers currently being utilized by claimants.	22846

(2) Ability to accept a common format of medical bill data	22847
in an electronic fashion from any provider who wishes to submit	22848
medical bill data in that form.	22849

(3) A computer system able to handle the volume of medical	22850
bills and willingness to customize that system to the bureau's	22851
needs and to be operated by the vendor's staff, bureau staff, or	22852
some combination of both staffs.	22853

(4) A prescription drug system where pharmacies on a	22854
statewide basis have access to the eligibility and pricing, at a	22855
discounted rate, of all prescription drugs.	22856

(5) A tracking system to record all telephone calls from	22857
claimants and providers regarding the status of submitted medical	22858
bills so as to be able to track each inquiry.	22859

(6) Data processing capacity to absorb all of the bureau's	22860
medical bill processing or at least that part of the processing	22861
which the bureau arranges to delegate.	22862

(7) Capacity to store, retrieve, array, simulate, and model	22863
in a relational mode all of the detailed medical bill data so that	22864
analysis can be performed in a variety of ways and so that the	22865
bureau and its governing authority can make informed decisions.	22866

(8) Wide variety of software programs which translate	22867
medical terminology into standard codes, and which reveal if a	22868
provider is manipulating the procedures codes, commonly called	22869
"unbundling."	22870

(9) Necessary professional staff to conduct, at a minimum,	22871
authorizations for treatment, medical necessity, utilization	22872
review, concurrent review, post-utilization review, and have the	22873
attendant computer system which supports such activity and	22874
measures the outcomes and the savings.	22875

(10) Management experience and flexibility to be able to	22876
react quickly to the needs of the bureau in the case of required	22877
change in federal or state requirements.	22878

(D)(1) Information contained in a vendor's application for	22879
certification in the health partnership program, and other	22880
information furnished to the bureau by a vendor for purposes of	22881
obtaining certification or to comply with performance and	22882
financial auditing requirements established by the adminstrator,	22883
is for the exclusive use and information of the bureau in the	22884
discharge of its official duties, and shall not be open to the	22885
public or be used in any court in any proceeding pending therein,	22886
unless the bureau is a party to the action or proceeding, but the	22887
information may be tabulated and published by the bureau in	22888
statistical form for the use and information of other state	22889
departments and the public. No employee of the bureau, except as	22890
otherwise authorized by the administrator, shall divulge any	22891
information secured by the employee while in the employ of the	22892
bureau in respect to a vendor's application for certification or	22893
in respect to the business or other trade processes of any vendor	22894
to any person other than the administrator or to the employee's	22895
superior.	22896

(2) Notwithstanding the restrictions imposed by division	22897
(D)(1) of this section, the governor, members of select or	22898
standing committees of the senate or house of representatives, the	22899
auditor of state, the attorney general, or their designees,	22900
pursuant to the authority granted in this chapter and Chapter	22901
4123. of the Revised Code, may examine any vendor application or	22902
other information furnished to the bureau by the vendor. None of	22903
those individuals shall divulge any information secured in the	22904
exercise of that authority in respect to a vendor's application	22905
for certification or in respect to the business or other trade	22906
processes of any vendor to any person.	22907

(E) On and after January 1, 2001, a vendor shall not be any	22908
insurance company holding a certificate of authority issued	22909
pursuant to Title XXXIX of the Revised Code or any health insuring	22910
corporation holding a certificate of authority under Chapter 1751.	22911
of the Revised Code.	22912

(F) The administrator may limit freedom of choice of health	22913
care provider or supplier by requiring, beginning with the period	22914
set forth in division (B)(1) or (2) of this section, that	22915
claimants shall pay an appropriate out-of-plan copayment for	22916
selecting a medical provider not within the health partnership	22917
program as provided for in this section.	22918

(G) The administrator, six months prior to the expiration of	22919
the bureau's certification or recertification of the vendor or	22920
vendors as set forth in division (B)(1) or (2) of this section,	22921
may certify and provide evidence to the governor, the speaker of	22922
the house of representatives, and the president of the senate that	22923
the existing bureau staff is able to match or exceed the	22924
performance and outcomes of the external vendor or vendors and	22925
that the bureau should be permitted to internally administer the	22926
health partnership program upon the expiration of the	22927
certification or recertification as set forth in division (B)(1)	22928
or (2) of this section.	22929

(H) The administrator shall establish and operate a bureau	22930
of workers' compensation health care data program. The	22931
administrator may contract with the Ohio health care data center	22932
for such purposes. The administrator shall develop reporting	22933
requirements from all employees, employers and medical providers,	22934
medical vendors, and plans that participate in the workers'	22935
compensation system. The administrator shall do all of the	22936
following:	22937

(1) Utilize the collected data to measure and perform	22938
comparison analyses of costs, quality, appropriateness of medical	22939
care, and effectiveness of medical care delivered by all	22940
components of the workers' compensation system.	22941

(2) Compile data to support activities of the selected	22942
vendor or vendors and to measure the outcomes and savings of the	22943
health partnership program.	22944

(3) Publish and report compiled data to the governor, the	22945
speaker of the house of representatives, and the president of the	22946
senate on the first day of each January and July, the measures of	22947
outcomes and savings of the health partnership program and the	22948
qualified health plan system. The administrator shall protect the	22949
confidentiality of all proprietary pricing data.	22950

(I) Any rehabilitation facility the bureau operates is	22951
eligible for inclusion in the Ohio workers' compensation qualified	22952
health plan system or the health partnership program under the	22953
same terms as other providers within health care plans or the	22954
program.	22955

(J) In areas outside the state or within the state where no	22956
qualified health plan or an inadequate number of providers within	22957
the health partnership program exist, the administrator shall	22958
permit employees to use a nonplan or nonprogram health care	22959
provider and shall pay the provider for the services or supplies	22960
provided to or on behalf of an employee for an injury or	22961
occupational disease that is compensable under this chapter or	22962
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	22963
schedule the administrator adopts.	22964

(K) No certified health care provider shall charge, assess,	22965
or otherwise attempt to collect from an employee, employer, a	22966
managed care organization, or the bureau any amount for covered	22967
services or supplies that is in excess of the allowed amount paid	22968
by a managed care organization, the bureau, or a qualified health	22969
plan.	22970

(L) The administrator shall permit any employer or group of	22971
employers who agree to abide by the rules adopted under this	22972
section and sections 4121.441 and 4121.442 of the Revised Code to	22973
provide services or supplies to or on behalf of an employee for an	22974
injury or occupational disease that is compensable under this	22975
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	22976
through qualified health plans of the Ohio workers' compensation	22977
qualified health plan system pursuant to section 4121.442 of the	22978
Revised Code or through the health partnership program pursuant to	22979
section 4121.441 of the Revised Code. No amount paid under the	22980
qualified health plan system pursuant to section 4121.442 of the	22981
Revised Code by an employer who is a state fund employer shall be	22982
charged to the employer's experience or otherwise be used in	22983
merit-rating or determining the risk of that employer for the	22984
purpose of the payment of premiums under this chapter, and if the	22985
employer is a self-insuring employer, the employer shall not	22986
include that amount in the paid compensation the employer reports	22987
under section 4123.35 of the Revised Code.	22988

Sec. 4123.27.  Information contained in the annual statement	22989
provided for in section 4123.26 of the Revised Code, and such	22990
other information as may be furnished to the bureau of workers'	22991
compensation by employers in pursuance of that section, is for the	22992
exclusive use and information of the bureau in the discharge of	22993
its official duties, and shall not be open to the public nor be	22994
used in any court in any action or proceeding pending therein	22995
unless the bureau is a party to the action or proceeding; but the	22996
information contained in the statement may be tabulated and	22997
published by the bureau in statistical form for the use and	22998
information of other state departments and the public. No person	22999
in the employ of the bureau, except those who are authorized by	23000
the administrator of workers' compensation, shall divulge any	23001
information secured by the person while in the employ of the	23002
bureau in respect to the transactions, property, claim files,	23003
records, or papers of the bureau or in respect to the business or	23004
mechanical, chemical, or other industrial process of any company,	23005
firm, corporation, person, association, partnership, or public	23006
utility to any person other than the administrator or to the	23007
superior of such employee of the bureau.	23008

Notwithstanding the restrictions imposed by this section, the	23009
governor, select or standing committees of the general assembly,	23010
the auditor of state, the attorney general, or their designees,	23011
pursuant to the authority granted in this chapter and Chapter	23012
4121. of the Revised Code, may examine any records, claim files,	23013
or papers in possession of the industrial commission or the	23014
bureau. They also are bound by the privilege that attaches to	23015
these papers.	23016

The administrator shall report to the director of job and	23017
family services or to the county director of job and family	23018
services the name, address, and social security number or other	23019
identification number of any person receiving workers'	23020
compensation whose name or social security number or other	23021
identification number is the same as that of a person required by	23022
a court or child support enforcement agency to provide support	23023
payments to a recipient or participant of public assistance, and	23024
whose name is submitted to the administrator by the director under	23025
section 5101.36 of the Revised Code. The administrator also shall	23026
inform the director of the amount of workers' compensation paid to	23027
the person during such period as the director specifies.	23028

Within fourteen days after receiving from the director of job	23029
and family services a list of the names and social security	23030
numbers of recipients or participants of public assistance	23031
pursuant to section 5101.181 of the Revised Code, the	23032
administrator shall inform the auditor of state of the name,	23033
current or most recent address, and social security number of each	23034
person receiving workers' compensation pursuant to this chapter	23035
whose name and social security number are the same as that of a	23036
person whose name or social security number was submitted by the	23037
director. The administrator also shall inform the auditor of	23038
state of the amount of workers' compensation paid to the person	23039
during such period as the director specifies.	23040

The bureau and its employees, except for purposes of	23041
furnishing the auditor of state with information required by this	23042
section, shall preserve the confidentiality of recipients or	23043
participants of public assistance in compliance with division (A)	23044
of section 5101.181 of the Revised Code.	23045

For the purposes of this section, "public assistance" means	23046
medical assistance provided through the medical assistance program	23047
established under section 5111.01 of the Revised Code, Ohio works	23048
first provided under Chapter 5107. of the Revised Code,	23049
prevention, retention, and contingency assistance benefits and	23050
services provided under Chapter 5108. of the Revised Code, or	23051
disability assistance provided under Chapter 5115. of the Revised	23052
Code.	23053

Sec. 4301.43.  (A) As used in sections 4301.43 to 4301.50 of	23054
the Revised Code:	23055

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	23056
fluid ounces.	23057

(2) "Sale" or "sell" includes exchange, barter, gift,	23058
distribution, and, except with respect to A-4 permit holders,	23059
offer for sale.	23060

(B) For the purposes of providing revenues for the support	23061
of the state and encouraging the grape industries in the state, a	23062
tax is hereby levied on the sale or distribution of wine in Ohio,	23063
except for known sacramental purposes, at the rate of thirty cents	23064
per wine gallon for wine containing not less than four per cent of	23065
alcohol by volume and not more than fourteen per cent of alcohol	23066
by volume, ninety-eight cents per wine gallon for wine containing	23067
more than fourteen per cent but not more than twenty-one per cent	23068
of alcohol by volume, one dollar and eight cents per wine gallon	23069
for vermouth, and one dollar and forty-eight cents per wine gallon	23070
for sparkling and carbonated wine and champagne, the tax to be	23071
paid by the holders of A-2 and B-5 permits or by any other person	23072
selling or distributing wine upon which no tax has been paid. From	23073
the tax paid under this section on wine, vermouth, and sparkling	23074
and carbonated wine and champagne, the treasurer of state shall	23075
credit to the Ohio grape industries fund created under section	23076
924.54 of the Revised Code a sum equal to one cent per gallon for	23077
each gallon upon which the tax is paid.	23078

(C) For the purpose of providing revenues for the support of	23079
the state, there is hereby levied a tax on prepared and bottled	23080
highballs, cocktails, cordials, and other mixed beverages at the	23081
rate of one dollar and twenty cents per wine gallon to be paid by	23082
holders of A-4 permits or by any other person selling or	23083
distributing those products upon which no tax has been paid. Only	23084
one sale of the same article shall be used in computing the amount	23085
of tax due. The tax on mixed beverages to be paid by holders of	23086
A-4 permits under this section shall not attach until the	23087
ownership of the mixed beverage is transferred for valuable	23088
consideration to a wholesaler or retailer, and no payment of the	23089
tax shall be required prior to that time.	23090

(D) During the period from June 30, 1995, until of July 1,	23091
2001, through June 30, 2003, from the tax paid under this section	23092
on wine, vermouth, and sparkling and carbonated wine and	23093
champagne, the treasurer of state shall credit to the Ohio grape	23094
industries fund created under section 924.54 of the Revised Code a	23095
sum equal to two cents per gallon upon which the tax is paid. The	23096
amount credited under this division is in addition to the amount	23097
credited to the Ohio grape industries fund under division (B) of	23098
this section.	23099

(E) For the purpose of providing revenues for the support of	23100
the state, there is hereby levied a tax on cider at the rate of	23101
twenty-four cents per wine gallon to be paid by the holders of A-2	23102
and B-5 permits or by any other person selling or distributing	23103
cider upon which no tax has been paid. Only one sale of the same	23104
article shall be used in computing the amount of the tax due.	23105

Sec. 4504.05.  The moneys received from a county motor	23106
vehicle license tax shall be allocated and distributed as follows:	23107

(A) First, for payment of the costs and expenses incurred by	23108
the county in the enforcement and administration of the tax;	23109

(B) The remainder of such moneys shall be credited to funds	23110
as follows:	23111

(1) With respect to county motor vehicle tax moneys received	23112
under section 4504.02 of the Revised Code, that part of the total	23113
amount which is in the same proportion to the total as the number	23114
of motor vehicles registered in the municipal corporations in the	23115
county that did not levy a municipal motor vehicle license tax	23116
immediately prior to the adoption of the county motor vehicle	23117
license tax is to the total number of motor vehicles registered in	23118
the county in the most recent registration year, shall be placed	23119
in a separate fund to be allocated and distributed as provided in	23120
section 4504.04 of the Revised Code.	23121

The remaining portion shall be placed in the county motor	23122
vehicle license and gasoline tax fund and shall be allocated and	23123
disbursed only for the purposes specified in section 4504.02 of	23124
the Revised Code, other than paying all or part of the costs and	23125
expenses of municipal corporations in constructing,	23126
reconstructing, improving, maintaining, and repairing highways,	23127
roads, and streets designated as necessary and conducive to the	23128
orderly and efficient flow of traffic within and through the	23129
county pursuant to section 4504.03 of the Revised Code.	23130

(2) With respect to county motor vehicle tax moneys received	23131
under section 4504.15 of the Revised Code:	23132

(a) That arising from motor vehicles the district of	23133
registration of which is a municipal corporation within the county	23134
that is not levying the tax authorized by section 4504.17 of the	23135
Revised Code shall be allocated fifty per cent to the county and	23136
fifty per cent to such municipal corporation in an amount equal to	23137
the amount of the tax per motor vehicle registered during the	23138
preceding month in that part of the municipal corporation located	23139
within the county. Moneys allocated to a municipal corporation	23140
under this section shall be paid directly into the treasury of the	23141
municipal corporation as provided in section 4501.042 of the	23142
Revised Code and used only for the purposes described in section	23143
4504.06 of the Revised Code. The first distribution shall be made	23144
to a municipal corporation under this division in the second month	23145
after the county motor vehicle license tax is imposed under	23146
section 4504.15 of the Revised Code.	23147

(b) That arising from motor vehicles the district of	23148
registration of which is in an unincorporated area of the county	23149
shall be allocated seventy per cent to the county and thirty per	23150
cent to the townships in which the owners of the motor vehicles	23151
reside in an amount equal to the amount of the tax per motor	23152
vehicle owned by such a resident in each such township and	23153
registered during the preceding month in the county. The moneys	23154
allocated to townships shall be paid into the treasuries of the	23155
townships and shall be used only for the purposes described in	23156
section 4504.18 of the Revised Code. The first distribution shall	23157
be made under this division in the second month after the county	23158
motor vehicle license tax is imposed under section 4504.15 of the	23159
Revised Code.	23160

(3) With respect to county motor vehicle tax moneys received	23161
under section 4504.16 of the Revised Code:	23162

(a) That arising from motor vehicles the district of	23163
registration of which is a municipal corporation within the county	23164
that is not levying the tax authorized by section 4504.171 of the	23165
Revised Code shall be allocated to the county;	23166

(b) That Except as otherwise provided in division (B)(3)(b)	23167
of this section, that arising from motor vehicles the district of	23168
registration of which is in an unincorporated area of the county	23169
shall be allocated seventy per cent to the county and thirty per	23170
cent to the townships in which the owners of the motor vehicles	23171
reside in an amount equal to the amount of the tax per motor	23172
vehicle owned by such a resident in each such township and	23173
registered during the preceding month in the county. The	23174

A board of township trustees may pass a resolution	23175
requesting an increase in the percentage of moneys allocated to	23176
the township under division (B)(3)(b) of this section and, upon	23177
passage, shall forward the resolution to the board of county	23178
commissioners. Within ninety days after receipt of a resolution	23179
from a township requesting an increase in the percentage of moneys	23180
allocated to it, a board of county commissioners shall consider	23181
and may pass a resolution increasing the percentage of moneys	23182
allocated to a township under division (B)(3)(b) of this section.	23183
A board of county commissioners also may initiate and pass a	23184
resolution increasing the percentage of moneys allocated to a	23185
township under division (B)(3)(b) of this section. If a board of	23186
county commissioners passes a resolution under division (B)(3)(b)	23187
of this section, it shall forward the resolution to the county	23188
treasurer, and the resolution shall continue until revoked by the	23189
board of county commissioners. The county treasurer shall make	23190
the first distribution under any new allocation in the second	23191
month after receiving the resolution.	23192

The moneys allocated to townships shall be paid into the	23193
treasuries of the townships and shall be used only for the	23194
purposes described in section 4504.18 of the Revised Code. The	23195
first distribution shall be made under this division in the second	23196
month after the county motor vehicle license tax is imposed under	23197
section 4504.16 of the Revised Code.	23198

Sec. 4511.81.  (A) When any child who is in either or both	23199
of the following categories is being transported in a motor	23200
vehicle, other than a taxicab or public safety vehicle as defined	23201
in section 4511.01 of the Revised Code, that is registered in this	23202
state and is required by the United States department of	23203
transportation to be equipped with seat belts at the time of	23204
manufacture or assembly, the operator of the motor vehicle shall	23205
have the child properly secured in accordance with the	23206
manufacturer's instructions in a child restraint system that meets	23207
federal motor vehicle safety standards:	23208

(1) A child who is less than four years of age;

23209

(2) A child who weighs less than forty pounds.

23210

(B) When any child who is in either or both of the following	23211
categories is being transported in a motor vehicle, other than a	23212
taxicab, that is registered in this state and is owned, leased, or	23213
otherwise under the control of a nursery school, kindergarten, or	23214
day-care center, the operator of the motor vehicle shall have the	23215
child properly secured in accordance with the manufacturer's	23216
instructions in a child restraint system that meets federal motor	23217
vehicle safety standards:	23218

(1) A child who is less than four years of age;

23219

(2) A child who weighs less than forty pounds.

23220

(C) The director of public safety shall adopt such rules as	23221
are necessary to carry out this section.	23222

(D) The failure of an operator of a motor vehicle to secure	23223
a child in a child restraint system as required by this section is	23224
not negligence imputable to the child, is not admissible as	23225
evidence in any civil action involving the rights of the child	23226
against any other person allegedly liable for injuries to the	23227
child, is not to be used as a basis for a criminal prosecution of	23228
the operator of the motor vehicle other than a prosecution for a	23229
violation of this section, and is not admissible as evidence in	23230
any criminal action involving the operator of the motor vehicle	23231
other than a prosecution for a violation of this section.	23232

(E) This section does not apply when an emergency exists	23233
that threatens the life of any person operating a motor vehicle	23234
and to whom this section otherwise would apply or the life of any	23235
child who otherwise would be required to be restrained under this	23236
section.	23237

(F) If a person who is not a resident of this state is	23238
charged with a violation of division (A) or (B) of this section	23239
and does not prove to the court, by a preponderance of the	23240
evidence, that the person's use or nonuse of a child restraint	23241
system was in accordance with the law of the state of which the	23242
person is a resident, the court shall impose the fine levied by	23243
division (H)(2) of section 4511.99 of the Revised Code.	23244

(G) There is hereby created in the state treasury the "child	23245
highway safety fund," consisting of fines imposed pursuant to	23246
divisions (H)(1) and (2) of section 4511.99 of the Revised Code	23247
for violations of divisions (A) and (B) of this section. The	23248
money in the fund shall be used by the department of health only	23249
to defray the cost of verifying designating hospitals as pediatric	23250
trauma centers under section 3702.161 3727.081 of the Revised Code	23251
and to establish and administer a child highway safety program.	23252
The purpose of the program shall be to educate the public about	23253
child restraint systems generally and the importance of their	23254
proper use. The program also shall include a process for	23255
providing child restraint systems to persons who meet the	23256
eligibility criteria established by the department, and a	23257
toll-free telephone number the public may utilize to obtain	23258
information about child restraint systems and their proper use.	23259

The director of health, in accordance with Chapter 119. of	23260
the Revised Code, shall adopt any rules necessary to carry out	23261
this section, including rules establishing the criteria a person	23262
must meet in order to receive a child restraint system under the	23263
department's child restraint system program; provided that rules	23264
relating to the verification of pediatric trauma centers shall not	23265
be adopted under this section.	23266

Sec. 4701.10.  (A) The accountancy board, upon application,	23267
shall issue Ohio permits to practice public accounting to holders	23268
of the CPA certificate of certified public accountant issued under	23269
section 4701.06 or 4701.061 of the Revised Code and to persons	23270
registered under sections 4701.07 and 4701.09 of the Revised Code	23271
or the PA registration. Subject to division (D)(H)(1) of this	23272
section, there shall be a triennial Ohio permit fee in an amount	23273
to be determined by the board not to exceed one hundred fifty	23274
dollars. All Ohio permits shall expire on the last day of	23275
December of the year assigned by the board and, subject to	23276
division (D)(H)(1) of this section, shall be renewed triennially	23277
for a period of three years by certificate holders and registrants	23278
in good standing upon payment of a triennial renewal fee not to	23279
exceed one hundred fifty dollars. For the purpose of implementing	23280
this section and enforcing section 4701.11 of the Revised Code,	23281
the board may issue an Ohio permit for less than three years'	23282
duration. A prorated fee shall be determined by the board for	23283
that Ohio permit.	23284

(B) The accountancy board may issue Ohio registrations to	23285
holders of the CPA certificate and the PA registration who are not	23286
engaged in the practice of public accounting. Such persons shall	23287
not convey to the general public that they are actively engaged in	23288
the practice of public accounting in this state. Subject to	23289
division (H)(1) of this section, there shall be a triennial Ohio	23290
registration fee in an amount to be determined by the board but	23291
not exceeding fifty-five dollars. All Ohio registrations shall	23292
expire on the last day of December of the year assigned by the	23293
board and, subject to division (H)(1) of this section, shall be	23294
renewed triennially for a period of three years upon payment by	23295
certificate holders and registrants in good standing of a renewal	23296
fee not to exceed fifty-five dollars.	23297

(C) Any person who receives a CPA certificate and who	23298
applies for an initial Ohio permit or Ohio registration more than	23299
sixty days after issuance of the CPA certificate may, at the	23300
board's discretion, be subject to a late filing fee not exceeding	23301
one hundred dollars.	23302

(D) Any person to whom the board has issued an Ohio permit	23303
who is engaged in the practice of public accounting and who fails	23304
to renew the permit by the expiration date shall be subject to a	23305
late filing fee not exceeding one hundred dollars for each full	23306
month or part of a month after the expiration date in which such	23307
person did not possess a permit, up to a maximum of one thousand	23308
two hundred dollars. The board may waive or reduce the late	23309
filing fee for just cause upon receipt of a written request from	23310
such person.	23311

(E) Any person to whom the board has issued an Ohio permit	23312
or Ohio registration who is not engaged in the practice of public	23313
accounting and who fails to renew the permit or registration by	23314
the expiration date shall be subject to a late filing fee not	23315
exceeding fifty dollars for each full month or part of a month	23316
after the expiration date in which such person did not possess a	23317
permit or registration, up to a maximum of three hundred dollars.	23318
The board may waive or reduce the late filing fee for just cause	23319
upon receipt of a written request from such person.	23320

(F) Failure of any a CPA certificate holder or registrant PA	23321
registration holder to apply for a triennial either an Ohio permit	23322
to practice or an Ohio registration within three years one year	23323
from the expiration date of the Ohio permit to practice or Ohio	23324
registration last obtained or renewed, or three years one year	23325
from the date upon which the CPA certificate holder or registrant	23326
was granted a CPA certificate or registration, shall result in	23327
suspension of the CPA certificate or PA registration until all	23328
fees required under divisions (D) and (E) of this section have	23329
been paid, unless the board determines the failure to have been	23330
due to excusable neglect. In that case, the renewal fee or the	23331
fee for the issuance or renewal of the original Ohio permit or	23332
Ohio registration, as the case may be, shall be the amount that	23333
the board shall determine, but not in excess of fifty dollars plus	23334
the fee for each triennial period or part of a period the	23335
certificate holder or registrant did not have either an Ohio	23336
permit or an Ohio registration.	23337

(B) All certificate holders and registrants who are not in	23338
the practice of public accounting in this state shall register	23339
with the board every three years at a fee, not to exceed	23340
fifty-five dollars, established by the board. Such persons shall	23341
not convey to the general public that they are actively engaged in	23342
the practice of public accounting in this state.	23343

(C)(G) The board shall suspend the certificate or	23344
registration of any person failing to obtain an Ohio permit in	23345
accordance with this section, except that the board by rule may	23346
exempt persons from the requirement of holding an Ohio permit or	23347
Ohio registration for specified reasons, including, but not	23348
limited to, retirement, health reasons, military service, foreign	23349
residency, or other just cause.	23350

(D)(H)(1) On and after January 1, 1995, the The board, by	23351
rule adopted in accordance with Chapter 119. of the Revised Code,	23352
shall increase:	23353

(a) May provide for the issuance of Ohio permits and Ohio	23354
registrations for less than three years' duration at prorated	23355
fees;	23356

(b) Shall add a surcharge to the triennial Ohio permit and	23357
renewal Ohio registration fee imposed pursuant to this section by	23358
of at least fifteen dollars but no more than thirty dollars for a	23359
three-year Ohio permit or Ohio registration, at least ten dollars	23360
but no more than twenty dollars for a two-year Ohio permit or Ohio	23361
registration, and at least five dollars but no more than ten	23362
dollars for a one-year Ohio permit or Ohio registration.	23363

(2) Beginning with the first quarter of 1995 and each Each	23364
quarter thereafter, the board, for the purpose provided in section	23365
4743.05 of the Revised Code, shall certify to the director of	23366
budget and management the number of triennial Ohio permits and	23367
Ohio registrations issued or renewed under this chapter during the	23368
preceding quarter and the amount equal to that number times the	23369
amount by which of the triennial surcharge added to each Ohio	23370
permit and renewal Ohio registration fee is increased by the board	23371
under division (D)(H)(1) of this section.	23372

Sec. 4701.16.  (A) After notice and hearing as provided in	23373
Chapter 119. of the Revised Code, the accountancy board may	23374
discipline as described in division (B) of this section a person	23375
holding an Ohio permit, an Ohio registration, a firm registration,	23376
a CPA certificate, or a PA registration or any other person whose	23377
activities are regulated by the board for any one or any	23378
combination of the following causes:	23379

(1) Fraud or deceit in obtaining a firm registration or in	23380
obtaining a CPA certificate, a PA registration, an Ohio permit, or	23381
an Ohio registration;	23382

(2) Dishonesty, fraud, or gross negligence in the practice	23383
of public accounting;	23384

(3) Violation of any of the provisions of section 4701.14 of	23385
the Revised Code;	23386

(4) Violation of a rule of professional conduct promulgated	23387
by the board under the authority granted by this chapter;	23388

(5) Conviction of a felony under the laws of any state or of	23389
the United States;	23390

(6) Conviction of any crime, an element of which is	23391
dishonesty or fraud, under the laws of any state or of the United	23392
States;	23393

(7) Cancellation, revocation, suspension, or refusal to	23394
renew authority to practice as a certified public accountant, a	23395
public accountant, or a public accounting firm by any other state,	23396
for any cause other than failure to pay registration fees in that	23397
other state;	23398

(8) Suspension or revocation of the right to practice before	23399
any state or federal agency;	23400

(9) Failure of a holder of a CPA certificate or PA	23401
registration to obtain an Ohio permit or an Ohio registration, or	23402
the failure of a public accounting firm to obtain a firm	23403
registration;	23404

(10) Conduct discreditable to the public accounting	23405
profession or to the holder of an Ohio permit, Ohio registration,	23406
or foreign certificate;	23407

(11) Failure of a public accounting firm to comply with	23408
section 4701.04 of the Revised Code.	23409

(B) For any of the reasons specified in division (A) of this	23410
section, the board may do any of the following:	23411

(1) Revoke, suspend, or refuse to renew any CPA certificate	23412
or PA registration or any Ohio permit, Ohio registration, or firm	23413
registration;	23414

(2) Disqualify a person who is not a holder of an Ohio	23415
permit or a foreign certificate from owning an equity interest in	23416
a public accounting firm or qualified firm;	23417

(3) Publicly censure a registered firm or a holder of a CPA	23418
certificate, a PA registration, an Ohio permit, or an Ohio	23419
registration;	23420

(4) Levy against a registered firm or a holder of a CPA	23421
certificate, a PA registration, an Ohio permit, or an Ohio	23422
registration a penalty or fine not to exceed one five thousand	23423
dollars for each offense. Any fine shall be reasonable and in	23424
relation to the severity of the offense.	23425

(5) In the case of violations of division (A)(2) or (4) of	23426
this section, require completion of remedial continuing education	23427
programs prescribed by the board in addition to those required by	23428
section 4701.11 of the Revised Code;	23429

(6) In the case of violations of division (A)(2) or (4) of	23430
this section, require the holder of a CPA certificate, PA	23431
registration, or firm registration to submit to a peer review by a	23432
professional committee designated by the board, which committee	23433
shall report to the board concerning that holder's compliance with	23434
generally accepted accounting principles, generally accepted	23435
auditing standards, or other generally accepted technical	23436
standards;	23437

(7) Revoke or suspend the privileges to offer or render	23438
attest services in this state or to use a CPA title or designation	23439
in this state of an individual who holds a foreign certificate.	23440

(C) If the board levies a fine against or suspends the	23441
certificate of a person or registration of a person or firm for a	23442
violation of division (A)(2) or (4) of this section, it may waive	23443
all or any portion of the fine or suspension if the holder of the	23444
CPA certificate, PA registration, or firm registration complies	23445
fully with division (B)(5) or (6) of this section.	23446

Sec. 4713.10.  The state board of cosmetology shall charge	23447
and collect the following fees:	23448

(A) For application to take the examination for a license to	23449
practice cosmetology, or any branch thereof, twenty-one dollars;	23450

(B) For the re-examination of any applicant who has	23451
previously failed to pass the examination, fourteen twenty-one	23452
dollars;	23453

(C) For the issuance or renewal of a cosmetology,	23454
manicurist, or esthetics instructor's license, thirty dollars;	23455

(D) For the issuance or renewal of a managing	23456
cosmetologist's, managing manicurist's, or managing esthetician's	23457
license, thirty dollars;	23458

(E) For the issuance or renewal of a cosmetology school	23459
license, two hundred fifty dollars;	23460

(F) For the inspection and issuance of a new beauty salon,	23461
nail salon, or esthetics salon or the change of name or ownership	23462
of a beauty salon, nail salon, or esthetics salon license, sixty	23463
dollars;	23464

(G) For the renewal of a beauty salon, nail salon, or	23465
esthetics salon license, fifty dollars;	23466

(H) For the issuance or renewal of a cosmetologist's,	23467
manicurist's, or esthetician's license, thirty dollars;	23468

(I) For the restoration of any lapsed license which may be	23469
restored pursuant to section 4713.11 of the Revised Code, and in	23470
addition to the payments required by that section, thirty dollars;	23471

(J) For the issuance of a license under section 4713.09 of	23472
the Revised Code, sixty dollars;	23473

(K) For the issuance of a duplicate of any license, fifteen	23474
dollars;	23475

(L) For the preparation and mailing of a licensee's records	23476
to another state for a reciprocity license, fifty dollars;	23477

(M) For the processing of any fees related to a check from a	23478
licensee returned to the board for insufficient funds, an	23479
additional twenty dollars.	23480

Each applicant shall, in addition to the fees specified,	23481
furnish the applicant's own models.	23482

Sec. 4715.03.  (A) The state dental board shall organize by	23483
the election from its members of a president and a secretary. It	23484
shall hold meetings monthly at least eight months a year at such	23485
times and places as the board designates. A majority of the	23486
members of the board shall constitute a quorum. The board shall	23487
make such reasonable rules as it determines necessary pursuant to	23488
Chapter 119. of the Revised Code.	23489

(B) A concurrence of a majority of the members of the board	23490
shall be required to grant, refuse, suspend, place on probationary	23491
status, revoke, refuse to renew, or refuse to reinstate a license	23492
or censure a license holder.	23493

(C) The board shall adopt rules establishing standards for	23494
the safe practice of dentistry and dental hygiene by qualified	23495
practitioners and shall, through its policies and activities,	23496
promote such practice.	23497

The board shall adopt rules in accordance with Chapter 119.	23498
of the Revised Code establishing universal blood and body fluid	23499
precautions that shall be used by each person licensed under this	23500
chapter who performs exposure prone invasive procedures. The	23501
rules shall define and establish requirements for universal blood	23502
and body fluid precautions that include the following:	23503

(1) Appropriate use of hand washing;

23504

(2) Disinfection and sterilization of equipment;

23505

(3) Handling and disposal of needles and other sharp	23506
instruments;	23507

(4) Wearing and disposal of gloves and other protective	23508
garments and devices.	23509

(D) The board shall administer and enforce the provisions of	23510
this chapter. The board shall investigate evidence which appears	23511
to show that any person has violated any provision of this	23512
chapter. Any person may report to the board under oath any	23513
information such person may have appearing to show a violation of	23514
any provision of this chapter. In the absence of bad faith, any	23515
person who reports such information or who testifies before the	23516
board in any disciplinary proceeding conducted pursuant to Chapter	23517
119. of the Revised Code is not liable for civil damages as a	23518
result of his making the report or providing testimony. If after	23519
investigation the board determines that there are reasonable	23520
grounds to believe that a violation of this chapter has occurred,	23521
the board shall conduct disciplinary proceedings pursuant to	23522
Chapter 119. of the Revised Code or provide for a license holder	23523
to participate in the quality intervention program established	23524
under section 4715.031 of the Revised Code. The board shall not	23525
dismiss any complaint or terminate any investigation except by a	23526
majority vote of its members. For the purpose of any disciplinary	23527
proceeding or any investigation conducted prior to a disciplinary	23528
proceeding under this division, the board may administer oaths,	23529
order the taking of depositions, issue subpoenas, compel the	23530
attendance and testimony of persons at depositions and compel the	23531
production of books, accounts, papers, documents, or other	23532
tangible things. The hearings and investigations of the board	23533
shall be considered civil actions for the purposes of section	23534
2305.251 of the Revised Code. Notwithstanding section 121.22 of	23535
the Revised Code, proceedings of the board relative to the	23536
investigation of a complaint or the determination whether there	23537
are reasonable grounds to believe that a violation of this chapter	23538
has occurred are confidential and are not subject to discovery in	23539
any civil action.	23540

(E) The board shall examine or cause to be examined eligible	23541
applicants to practice dentistry and dental hygiene. The board may	23542
distinguish by rule different classes of qualified personnel	23543
according to skill levels and require all or only certain of these	23544
classes of qualified personnel to be examined and certified by the	23545
board.	23546

(F) In accordance with Chapter 119. of the Revised Code, the	23547
board shall adopt, and may amend or rescind, rules establishing	23548
the eligibility criteria, the application and permit renewal	23549
procedures, and safety standards applicable to a dentist licensed	23550
under this chapter who applies for a permit to employ or use	23551
conscious intravenous sedation. These rules shall include all of	23552
the following:	23553

(1) The eligibility requirements and application procedures	23554
for an eligible dentist to obtain a conscious intravenous sedation	23555
permit;	23556

(2) The minimum educational and clinical training standards	23557
required of applicants, which shall include satisfactory	23558
completion of an advanced cardiac life support course;	23559

(3) The facility equipment and inspection requirements;

23560

(4) Safety standards;

23561

(5) Requirements for reporting adverse occurrences.

23562

Sec. 4715.031. (A) The state dental board shall develop and	23563
implement a quality intervention program. The board may propose	23564
that the holder of a license issued by the board participate in	23565
the program if the board determines pursuant to an investigation	23566
conducted under section 4715.03 of the Revised Code that there are	23567
reasonable grounds to believe the license holder has violated a	23568
provision of this chapter due to a clinical or communication	23569
problem that could be improved through participation in the	23570
program and determines that the license holder's participation in	23571
the program is appropriate. The board shall refer a license	23572
holder who agrees to participate in the program to an educational	23573
and assessment service provider selected by the board.	23574

The board shall select educational and assessment service	23575
providers, which may include quality intervention program panels	23576
of case reviewers. A provider selected by the board to provide	23577
services to a license holder shall recommend to the board the	23578
educational and assessment services the license holder should	23579
receive under the program. The license holder may begin	23580
participation in the program if the board approves the services	23581
the provider recommends. The license holder shall pay the amounts	23582
charged by the provider for the services.	23583

The board shall monitor a license holder's progress in the	23584
program and determine whether the license holder has successfully	23585
completed the program. If the board determines that the license	23586
holder has successfully completed the program, it may continue to	23587
monitor the license holder, take other action it considers	23588
appropriate, or both. If the board determines that the license	23589
holder has not successfully completed the program, it shall	23590
commence disciplinary proceedings against the license holder under	23591
section 4715.03 of the Revised Code.	23592

The board may adopt rules in accordance with Chapter 119. of	23593
the Revised Code to further implement the quality intervention	23594
program.	23595

Sec. 4715.13.  Applicants for licenses to practice dentistry	23596
or for a general anesthesia permit or a conscious intravenous	23597
sedation permit shall pay to the secretary of the state dental	23598
board the following fees:	23599

(A) For license by examination, one hundred forty-one ninety	23600
dollars if issued in an odd-numbered year or two three hundred	23601
thirty-five seventeen dollars if issued in an even-numbered year;	23602

(B) For license by endorsement, one hundred forty-one ninety	23603
dollars if issued in an odd-numbered year or two three hundred	23604
thirty-five seventeen dollars if issued in an even-numbered year;	23605

(C) For duplicate license, to be granted upon proof of loss	23606
of the original, fifteen twenty dollars;	23607

(D) For a general anesthesia permit, ninety-four one hundred	23608
twenty-seven dollars;	23609

(E) For a conscious intravenous sedation permit, ninety-four	23610
one hundred twenty-seven dollars.	23611

The fee in division (A) of this section may be refunded to an	23612
applicant who is unavoidably prevented from attending the	23613
examination, or the applicant may be examined at the next regular	23614
or special meeting of the board without an additional fee.	23615

An applicant who fails the first examination may be	23616
re-examined at the next regular or special meeting of the board	23617
without an additional fee.	23618

Sec. 4715.14.  (A) Each person who is licensed to practice	23619
dentistry in Ohio shall, on or before the first day of January of	23620
each even-numbered year, register with the state dental board.	23621
The registration shall be made on a form prescribed by the board	23622
and furnished by the secretary, shall include the licensee's name,	23623
address, license number, and such other reasonable information as	23624
the board may consider necessary, and shall include payment of a	23625
biennial registration fee of one two hundred sixty-three twenty	23626
dollars. This fee shall be paid to the treasurer of state. All	23627
such registrations shall be in effect for the two-year period	23628
beginning on the first day of January of the even-numbered year	23629
and ending on the last day of December of the following	23630
odd-numbered year, and shall be renewed in accordance with the	23631
standard renewal procedure of sections 4745.01 to 4745.03 of the	23632
Revised Code. The failure of a licensee to renew the licensee's	23633
registration in accordance with this section shall result in an	23634
automatic suspension of the licensee's license to practice	23635
dentistry.	23636

(B) Any dentist whose license has been suspended under this	23637
section may be reinstated by the payment of the biennial	23638
registration fee and in addition thereto sixty eighty-one dollars	23639
to cover costs of the reinstatement; excepting that to any	23640
licensed dentist who desires to temporarily retire from practice,	23641
and who has given the board notice in writing to that effect, the	23642
board shall grant such a retirement, provided only that at that	23643
time all previous registration fees and additional costs of	23644
reinstatement have been paid.	23645

(C) Each dentist licensed to practice, whether a resident or	23646
not, shall notify the secretary in writing of any change in the	23647
dentist's office address or employment within ten days after such	23648
change has taken place. On the first day of July of every	23649
even-numbered year, the secretary shall issue a printed roster of	23650
the names and addresses so registered.	23651

Sec. 4715.16.  (A) Upon payment of a fee of seven ten	23652
dollars and fifty cents, the state dental board may without	23653
examination issue a limited resident's license to any person who	23654
is a graduate of a dental college, is authorized to practice in	23655
another state or country or qualified to take the regular	23656
licensing examination in this state, and furnishes the board	23657
satisfactory proof of having been appointed a dental resident at	23658
an accredited dental college in this state or at an accredited	23659
program of a hospital in this state, but has not yet been licensed	23660
as a dentist by the board. Any person receiving a limited	23661
resident's license may practice dentistry only in connection with	23662
programs operated by the dental college or hospital at which the	23663
person is appointed as a resident as designated on the person's	23664
limited resident's license, and only under the direction of a	23665
licensed dentist who is a member of the dental staff of the	23666
college or hospital or a dentist holding a current limited	23667
teaching license issued under division (B) of this section, and	23668
only on bona fide patients of such programs. The holder of a	23669
limited resident's license may be disciplined by the board	23670
pursuant to section 4715.30 of the Revised Code.	23671

(B) Upon payment of seventy-five one hundred one dollars and	23672
upon application endorsed by an accredited dental college in this	23673
state, the board may without examination issue a limited teaching	23674
license to a dentist who is a graduate of a dental college, is	23675
authorized to practice dentistry in another state or country, and	23676
has full-time appointment to the faculty of the endorsing dental	23677
college. A limited teaching license is subject to annual renewal	23678
in accordance with the standard renewal procedure of Chapter 4745.	23679
of the Revised Code, and automatically expires upon termination of	23680
the full-time faculty appointment. A person holding a limited	23681
teaching license may practice dentistry only in connection with	23682
programs operated by the endorsing dental college. The board may	23683
discipline the holder of a limited teaching license pursuant to	23684
section 4715.30 of the Revised Code.	23685

(C)(1) As used in this division:

23686

(a) "Continuing dental education practicum" or "practicum"	23687
means a course of instruction, approved by the American dental	23688
association, Ohio dental association, or academy of general	23689
dentistry, that is designed to improve the clinical skills of a	23690
dentist by requiring the dentist to participate in clinical	23691
exercises on patients.	23692

(b) "Director" means the person responsible for the operation	23693
of a practicum.	23694

(2) Upon payment of seventy-five one hundred one dollars and	23695
application endorsed by the director of a continuing dental	23696
education practicum, the board shall, without examination, issue a	23697
temporary limited continuing education license to a resident of a	23698
state other than Ohio who is licensed to practice dentistry in	23699
such state and is in good standing, is a graduate of an accredited	23700
dental college, and is registered to participate in the endorsing	23701
practicum. The determination of whether a dentist is in good	23702
standing shall be made by the board.	23703

A dentist holding a temporary limited continuing education	23704
license may practice dentistry only on residents of the state in	23705
which the dentist is permanently licensed or on patients referred	23706
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	23707
the Revised Code to an instructing dentist licensed pursuant to	23708
one of those sections, and only while participating in a required	23709
clinical exercise of the endorsing practicum on the premises of	23710
the facility where the practicum is being conducted.	23711

Practice under a temporary limited continuing education	23712
license shall be under the direct supervision and full	23713
professional responsibility of an instructing dentist licensed	23714
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	23715
be limited to the performance of those procedures necessary to	23716
complete the endorsing practicum, and shall not exceed thirty days	23717
of actual patient treatment in any year.	23718

(3) A director of a continuing dental education practicum	23719
who endorses an application for a temporary limited continuing	23720
education license shall, prior to making the endorsement, notify	23721
the state dental board in writing of the identity of the sponsors	23722
and the faculty of the practicum and the dates and locations at	23723
which it will be offered. The notice shall also include a brief	23724
description of the course of instruction. The board may prohibit	23725
a continuing dental education practicum from endorsing	23726
applications for temporary limited continuing education licenses	23727
if the board determines that the practicum is engaged in	23728
activities that constitute a threat to public health and safety or	23729
do not constitute bona fide continuing dental education, or that	23730
the practicum permits activities which otherwise violate this	23731
chapter. Any continuing dental education practicum prohibited	23732
from endorsing applications may request an adjudication pursuant	23733
to Chapter 119. of the Revised Code.	23734

A temporary limited continuing education license shall be	23735
valid only when the dentist is participating in the endorsing	23736
continuing dental education practicum and shall expire at the end	23737
of one year. If the dentist fails to complete the endorsing	23738
practicum in one year, the board may, upon the dentist's	23739
application and payment of a fee of seventy-five dollars, renew	23740
the temporary limited continuing education license for a	23741
consecutive one-year period. Only two renewals may be granted.	23742
The holder of a temporary limited continuing education license may	23743
be disciplined by the board pursuant to section 4715.30 of the	23744
Revised Code.	23745

(D) The board shall act either to approve or to deny any	23746
application for a limited license pursuant to division (A), (B),	23747
or (C) of this section not later than sixty days of the date the	23748
board receives the application.	23749

Sec. 4715.21.  Each person who desires to practice as a	23750
dental hygienist shall file with the secretary of the state dental	23751
board a written application for a license, under oath, upon the	23752
form prescribed. Such applicant shall furnish satisfactory proof	23753
of being at least eighteen years of age and of good moral	23754
character. An applicant shall present a diploma or certificate of	23755
graduation from an accredited dental hygiene school and shall pay	23756
the examination fee of seventy-one ninety-six dollars if the	23757
license is issued in an odd-numbered year or one hundred nine	23758
forty-seven dollars if issued in an even-numbered year. Those	23759
passing such examination as the board prescribes relating to	23760
dental hygiene shall receive a certificate of registration	23761
entitling them to practice. If an applicant fails to pass the	23762
first examination the applicant may apply for a re-examination at	23763
the next regular or special examination meeting of the board.	23764

No applicant shall be admitted to more than two examinations	23765
without first presenting satisfactory proof that the applicant has	23766
successfully completed such refresher courses in an accredited	23767
dental hygiene school as the state dental board may prescribe.	23768

An accredited dental hygiene school shall be one accredited	23769
by the council on dental education of the American dental	23770
association or whose educational standards are recognized by the	23771
council on dental education of the American dental association and	23772
approved by the state dental board.	23773

Sec. 4715.24.  (A) Each person who is licensed to practice	23774
as a dental hygienist in Ohio shall, on or before the first day of	23775
January of each even-numbered year, register with the state dental	23776
board. The registration shall be made on a form prescribed by the	23777
board and furnished by the secretary, shall include the licensee's	23778
name, address, license number, and such other reasonable	23779
information as the board may consider necessary, and shall include	23780
payment of a biennial registration fee of seventy-five one hundred	23781
one dollars. This fee shall be paid to the treasurer of state.	23782
All such registrations shall be in effect for the two-year period	23783
beginning on the first day of January of each even-numbered year	23784
and ending on the last day of December of the following	23785
odd-numbered year, and shall be renewed in accordance with the	23786
standard renewal procedure of sections 4745.01 to 4745.03 of the	23787
Revised Code. The failure of a licensee to renew registration in	23788
accordance with this section shall result in the automatic	23789
suspension of the licensee's license to practice as a dental	23790
hygienist.	23791

(B) Any dental hygienist whose license has been suspended	23792
under this section may be reinstated by the payment of the	23793
biennial registration fee and in addition thereto twenty-three	23794
thirty-one dollars to cover the costs of reinstatement.	23795

(C) The license of a dental hygienist shall be exhibited in	23796
a conspicuous place in the room in which the dental hygienist	23797
practices. Each dental hygienist licensed to practice, whether a	23798
resident or not, shall notify the secretary in writing of any	23799
change in the dental hygienist's office address or employment	23800
within ten days after the change takes place.	23801

Sec. 4715.27.  The state dental board may issue a license to	23802
an applicant who furnishes satisfactory proof of being at least	23803
eighteen years of age, of good moral character and who	23804
demonstrates, to the satisfaction of the board, knowledge of the	23805
laws, regulations, and rules governing the practice of a dental	23806
hygienist; who proves, to the satisfaction of the board, intent to	23807
practice as a dental hygienist in this state; who is a graduate	23808
from an accredited school of dental hygiene and who holds a	23809
license by examination from a similar dental board, and who passes	23810
an examination as prescribed by the board relating to dental	23811
hygiene.	23812

Upon payment of forty-three fifty-eight dollars and upon	23813
application endorsed by an accredited dental hygiene school in	23814
this state, the state dental board may without examination issue a	23815
teacher's certificate to a dental hygienist, authorized to	23816
practice in another state or country. A teacher's certificate	23817
shall be subject to annual renewal in accordance with the standard	23818
renewal procedure of sections 4745.01 to 4745.03 of the Revised	23819
Code, and shall not be construed as authorizing anything other	23820
than teaching or demonstrating the skills of a dental hygienist in	23821
the educational programs of the accredited dental hygiene school	23822
which endorsed the application.	23823

Sec. 4717.02.  (A) There is hereby created the board of	23824
embalmers and funeral directors consisting of seven members to be	23825
appointed by the governor with the advice and consent of the	23826
senate. Four Five members shall be licensed embalmers and	23827
practicing funeral directors, each with at least ten consecutive	23828
years of experience in this state immediately preceding the date	23829
of the person's appointment. One member; one of these members	23830
shall be knowledgeable and experienced in operating a crematory	23831
and is not required to be, but may be, a licensed embalmer or	23832
funeral director. Two members shall represent the public; at	23833
least one of the two these members shall be at least sixty years	23834
of age.	23835

(B) Terms of office are for five years, commencing on the	23836
first day of July and ending on the last day of June. Each	23837
member shall hold office from the date of the member's appointment	23838
until the end of the term for which the member was appointed.	23839
Before entering upon the duties of the office, each member shall	23840
take and file with the secretary of state an oath of office as	23841
required by Section 7 of Article XV, Ohio Constitution.	23842

(C) The governor may remove a member of the board for	23843
neglect of duty, incompetency, or immoral conduct. Vacancies	23844
shall be filled in the manner provided for original appointments.	23845
Any member appointed to fill a vacancy occurring prior to the	23846
expiration date of the term for which the member's predecessor was	23847
appointed shall hold office as a member for the remainder of that	23848
term. A member shall continue in office subsequent to the	23849
expiration date of the member's term until the member's successor	23850
takes office, or until a period of sixty days has elapsed,	23851
whichever occurs first.	23852

(D) Each member of the board shall receive an amount fixed	23853
under division (J) of section 124.15 of the Revised Code for each	23854
day, not to exceed sixty days per year, employed in the discharge	23855
of the member's duties as a board member, together with any	23856
necessary expenses incurred in the performance of those duties.	23857

Sec. 4717.07.  (A) The board of embalmers and funeral	23858
directors shall charge and collect the following fees:	23859

(1) For the issuance of an initial embalmer's or funeral	23860
director's license, five dollars;	23861

(2) For the issuance of an embalmer or funeral director	23862
registration, twenty-five dollars;	23863

(3) For filing an embalmer or funeral director certificate	23864
of apprenticeship, ten dollars;	23865

(4) For the application to take the examination for a	23866
license to practice as an embalmer or funeral director, or to	23867
retake a section of the examination, thirty-five dollars;	23868

(5) For the biennial renewal of an embalmer's or funeral	23869
director's license, sixty one hundred twenty dollars;	23870

(6) For the initial issuance and renewal of a license to	23871
operate a funeral home, one hundred twenty-five dollars and	23872
biennial renewal of a license to operate a funeral home, two	23873
hundred fifty dollars;	23874

(7) For the reinstatement of a lapsed embalmer's or funeral	23875
director's license, the renewal fee prescribed in division (A)(5)	23876
of this section plus fifty dollars for each month or portion of a	23877
month the license is lapsed until reinstatement;	23878

(8) For the reinstatement of a lapsed license to operate a	23879
funeral home, the renewal fee prescribed in division (A)(6) of	23880
this section plus fifty dollars for each month or portion of a	23881
month the license is lapsed until reinstatement;	23882

(9) For the initial issuance and renewal of a license to	23883
operate an embalming facility, one hundred dollars and biennial	23884
renewal of a license to operate an embalming facility, two hundred	23885
dollars;	23886

(10) For the reinstatement of a lapsed license to operate an	23887
embalming facility, the renewal fee prescribed in division (A)(9)	23888
of this section plus fifty dollars for each month or portion of a	23889
month the license is lapsed until reinstatement;	23890

(11) For the initial issuance and renewal of a license to	23891
operate a crematory facility, one hundred dollars and biennial	23892
renewal of a license to operate a crematory facility, two hundred	23893
dollars;	23894

(12) For the reinstatement of a lapsed license to operate a	23895
crematory facility, the renewal fee prescribed in division (A)(11)	23896
of this section plus fifty dollars for each month or portion of a	23897
month the license is lapsed until reinstatement;	23898

(13) For the issuance of a duplicate of a license issued	23899
under this chapter, four dollars.	23900

(B) In addition to the fees set forth in division (A) of	23901
this section, an applicant shall pay the examination fee assessed	23902
by any examining agency the board uses for any section of an	23903
examination required under this chapter.	23904

(C) Subject to the approval of the controlling board, the	23905
board of embalmers and funeral directors may establish fees in	23906
excess of the amounts set forth in this section, provided that	23907
these fees do not exceed the amounts set forth in this section by	23908
more than fifty per cent.	23909

Sec. 4717.08.  (A) Every license issued under this chapter	23910
expires on the last day of December of the each even-numbered year	23911
of its issuance and shall be renewed on or before that date	23912
according to the standard license renewal procedure set forth in	23913
Chapter 4745. of the Revised Code. Licenses not renewed by the	23914
last day of December of each even-numbered year are lapsed.	23915

(B) A holder of a lapsed license to operate a funeral home,	23916
license to operate an embalming facility, or license to operate a	23917
crematory facility may reinstate the license with the board by	23918
paying the lapsed license fee established under section 4717.07 of	23919
the Revised Code.	23920

(C) A holder of a lapsed embalmer's or funeral director's	23921
license may reinstate the license with the board by paying the	23922
lapsed license fee established under section 4717.07 of the	23923
Revised Code, except that if the license is lapsed for more than	23924
one hundred eighty days after its expiration date, the holder also	23925
shall take and pass the Ohio laws examination for each license as	23926
a condition for reinstatement.	23927

Sec. 4717.09.  (A) Every two years, licensed embalmers and	23928
funeral directors shall attend between twelve and thirty hours of	23929
educational programs as a condition for renewal of their licenses.	23930
The board of embalmers and funeral directors shall determine, by	23931
rule, the educational programs that meet the continuing education	23932
requirements and the number of hours a licensee shall attend adopt	23933
rules governing the administration and enforcement of the	23934
continuing education requirements of this section. The board may	23935
contract with a professional organization or association or other	23936
third party to assist it in performing functions necessary to	23937
administer and enforce the continuing education requirements of	23938
this section. A professional organization or association or other	23939
third party with whom the board so contracts may charge a	23940
reasonable fee for performing these functions to licensees or to	23941
the persons who provide continuing education programs.	23942

(B) A person holding both an embalmer's license and a	23943
funeral director's license need meet only the continuing education	23944
requirements established by the board for one or the other of	23945
those licenses in order to satisfy the requirement of division (A)	23946
of this section.	23947

(C) The board shall not renew the license of a licensee who	23948
fails to meet the continuing education requirements of this	23949
section and who has not been granted a waiver or exemption under	23950
division (D) of this section.	23951

(D) Any licensee who fails to meet the continuing education	23952
requirements of this section because of undue hardship or	23953
disability, or who is not actively engaged in the practice of	23954
funeral directing or embalming in this state, may apply to the	23955
board for a waiver or an exemption. The board shall determine, by	23956
rule, the procedures for applying for a waiver or an exemption	23957
from continuing education requirements under this section and	23958
under what conditions a waiver or an exemption may be granted.	23959

Sec. 4723.062.  The board of nursing may solicit and accept	23960
grants and services to develop and maintain a program that	23961
addresses patient safety and health care issues related to the	23962
supply of and demand for nurses and other health care workers. The	23963
board shall not solicit or accept a grant or service that	23964
interferes with the board's independence or objectivity.	23965

All money received by the board under this section shall be	23966
deposited into the nursing special issue fund which is hereby	23967
created in the state treasury. The board shall use money in the	23968
fund to pay the costs it incurs in implementing this section.	23969

Sec. 4723.08.  (A) The board of nursing may impose fees not	23970
to exceed the following limits:	23971

(1) For application for licensure by examination to practice	23972
nursing as a registered nurse or as a licensed practical nurse,	23973
fifty dollars;	23974

(2) For application for licensure by endorsement to practice	23975
nursing as a registered nurse or as a licensed practical nurse,	23976
fifty dollars;	23977

(3) For application for a certificate of authority to	23978
practice nursing as a certified registered nurse anesthetist,	23979
clinical nurse specialist, certified nurse-midwife, or certified	23980
nurse practitioner, one hundred dollars;	23981

(4) For application for a temporary dialysis technician	23982
certificate, the amount specified in rules adopted under section	23983
4723.79 of the Revised Code;	23984

(5) For application for a full dialysis technician	23985
certificate, the amount specified in rules adopted under section	23986
4723.79 of the Revised Code;	23987

(6) For application for a certificate to prescribe, fifty	23988
dollars;	23989

(7) For verification of a nursing license, certificate of	23990
authority, or dialysis technician certificate to another	23991
jurisdiction, fifteen dollars;	23992

(8) For providing a replacement copy of a nursing license,	23993
certificate of authority, or dialysis technician certificate,	23994
fifteen dollars;	23995

(9) For biennial renewal of a nursing license that expires	23996
on or before August 31, 2003, thirty-five dollars;	23997

(10) Except as provided in division (C) of this section, for	23998
For biennial renewal of a nursing license that expires on or after	23999
September 1, 2003, forty-five dollars;	24000

(11) For biennial renewal of a certificate of authority to	24001
practice nursing as a certified registered nurse anesthetist,	24002
clinical nurse specialist, certified nurse mid-wife, or certified	24003
nurse practitioner that expires on or before August 31, 2005, one	24004
hundred dollars;	24005

(12) For biennial renewal of a certificate of authority to	24006
practice nursing as a certified registered nurse anesthetist,	24007
clinical nurse specialist, certified nurse-midwife, or certified	24008
nurse practitioner that expires on or after September 1, 2005,	24009
eighty-five dollars;	24010

(11)(13) For renewal of a certificate to prescribe, fifty	24011
dollars;	24012

(12)(14) For biennial renewal of a dialysis technician	24013
certificate, the amount specified in rules adopted under section	24014
4723.79 of the Revised Code;	24015

(13)(15) For processing a late application for renewal of a	24016
nursing license, certificate of authority, or dialysis technician	24017
certificate, fifty dollars;	24018

(14)(16) For application for authorization to approve	24019
continuing nursing education programs and courses from an	24020
applicant accredited by a national accreditation system for	24021
nursing, five hundred dollars;	24022

(15)(17) For application for authorization to approve	24023
continuing nursing education programs and courses from an	24024
applicant not accredited by a national accreditation system for	24025
nursing, one thousand dollars;	24026

(16)(18) For each year for which authorization to approve	24027
continuing nursing education programs and courses is renewed, one	24028
hundred fifty dollars;	24029

(17)(19) For application for approval to operate a dialysis	24030
training program, the amount specified in rules adopted under	24031
section 4723.79 of the Revised Code;	24032

(18)(20) For reinstatement of a lapsed nursing license or,	24033
certificate of authority, or dialysis technician certificate, one	24034
hundred dollars;	24035

(19)(21) For written verification of a nursing license,	24036
certificate of authority, or dialysis technician certificate,	24037
other than verification to another jurisdiction, five dollars. The	24038
board may contract for services pertaining to this verification	24039
process and the collection of the fee, and may permit the	24040
contractor to retain a portion of the fees as compensation, before	24041
any amounts are deposited into the state treasury.	24042

(22) For processing a check returned to the board by a	24043
financial institution as noncollectible, twenty-five dollars.	24044

(B) Each quarter, for purposes of transferring funds under	24045
section 4743.05 of the Revised Code to the nurse education	24046
assistance fund created in section 3333.28 of the Revised Code,	24047
the board of nursing shall certify to the director of budget and	24048
management the number of biennial licenses renewed under this	24049
chapter during the preceding quarter and the amount equal to that	24050
number times five dollars.	24051

(C) The fee for biennial renewal of a certificate of	24052
authority to practice nursing as a certified nurse-midwife,	24053
certified registered nurse anesthetist, certified nurse	24054
practitioner, or clinical nurse specialist that expires on or	24055
before August 31, 2005, is one hundred dollars.	24056

Sec. 4723.79.  The board of nursing shall adopt rules to	24057
administer and enforce sections 4723.71 to 4723.79 of the Revised	24058
Code. The board shall adopt the rules in accordance with Chapter	24059
119. of the Revised Code. The rules shall establish or specify	24060
all of the following:	24061

(A) The application process, fee, and requirements for	24062
approval, reapproval, and withdrawing the approval of a dialysis	24063
training program under section 4723.74 of the Revised Code. The	24064
requirements shall include standards that must be satisfied	24065
regarding curriculum, length of training, and instructions in	24066
patient care.	24067

(B) The application process, fee, and requirements for	24068
issuance of a certificate under section 4723.75 of the Revised	24069
Code, except that the amount of the fee shall be no greater than	24070
the fee charged under division (A)(1) of section 4723.08 of the	24071
Revised Code;	24072

(C) The application process, fee, and requirements for	24073
issuance of a temporary certificate under section 4723.76 of the	24074
Revised Code;	24075

(D) The process for approval of testing organizations under	24076
section 4723.751 of the Revised Code;	24077

(E) Subjects to be included in a certification examination	24078
provided for in division (B)(1) of section 4723.75 of the Revised	24079
Code;	24080

(F) The schedule, fees, and continuing education	24081
requirements for renewal of a certificate under section 4723.77 of	24082
the Revised Code, except that the fee for the renewal of a	24083
certificate shall be no greater than the fee charged under	24084
division (A)(9) of section 4723.08 of the Revised Code or,	24085
effective September 1, 2003, division (A)(10) of that section;	24086

(G) Standards and procedures for establishing and	24087
maintaining the dialysis registry required by section 4723.78 of	24088
the Revised Code, including standards and procedures that persons	24089
must follow in providing the information to be included in the	24090
registry;	24091

(H) Standards for the administration of medication by	24092
dialysis technicians under section 4723.72 of the Revised Code;	24093

(I) The information a dialysis provider is to provide to the	24094
board when attesting to a person's competence to perform dialysis;	24095

(J) Standards and procedures for the supervision of dialysis	24096
technicians who provide dialysis care in a patient's home,	24097
including monthly home visits by a registered nurse to monitor the	24098
quality of the dialysis care;	24099

(K) Any other procedures or requirements necessary for the	24100
administration and enforcement of sections 4723.71 to 4723.79 of	24101
the Revised Code.	24102

Sec. 4731.14.  (A) As used in this section, "graduate	24103
medical education" has the same meaning as in section 4731.091 of	24104
the Revised Code.	24105

(B) The state medical board shall issue its certificate to	24106
practice medicine and surgery or osteopathic medicine and surgery	24107
as follows:	24108

(1) The board shall issue its certificate to each individual	24109
who was admitted to the board's examination by meeting the	24110
educational requirements specified in division (B)(1) or (3) of	24111
section 4731.091 of the Revised Code if the individual passes the	24112
examination, pays a certificate issuance fee of three hundred	24113
dollars, and submits evidence satisfactory to the board that the	24114
individual has successfully completed not less than twelve months	24115
of graduate medical education or its equivalent as determined by	24116
the board.	24117

(2) Except as provided in section 4731.142 of the Revised	24118
Code, the board shall issue its certificate to each individual who	24119
was admitted to the board's examination by meeting the educational	24120
requirements specified in division (B)(2) of section 4731.091 of	24121
the Revised Code if the individual passes the examination, pays a	24122
certificate issuance fee of three hundred dollars, submits	24123
evidence satisfactory to the board that the individual has	24124
successfully completed not less than twenty-four months of	24125
graduate medical education through the second-year level of	24126
graduate medical education or its equivalent as determined by the	24127
board, and, if the individual passed the examination prior to	24128
completing twenty-four months of graduate medical education or its	24129
equivalent, the individual continues to meet the moral character	24130
requirements for admission to the board's examination.	24131

(C) Each certificate issued by the board shall be signed by	24132
its president and secretary, and attested by its seal. The	24133
certificate shall be on a form prescribed by the board and shall	24134
indicate the medical degree held by the individual to whom the	24135
certificate is issued. If the individual holds the degree of	24136
doctor of medicine, the certificate shall state that the	24137
individual is authorized to practice medicine and surgery pursuant	24138
to the laws of this state. If the individual holds the degree of	24139
doctor of osteopathic medicine, the certificate shall state that	24140
the individual is authorized to practice osteopathic medicine and	24141
surgery pursuant to the laws of this state. If the individual	24142
holds a medical degree other than the degree of doctor of medicine	24143
or doctor of osteopathic medicine, the certificate shall indicate	24144
the diploma, degree, or other document issued by the medical	24145
school or institution the individual attended and shall state that	24146
the individual is authorized to practice medicine and surgery	24147
pursuant to the laws of this state.	24148

(D) The certificate shall be prominently displayed in the	24149
certificate holder's office or place where a major portion of the	24150
certificate holder's practice is conducted and shall entitle the	24151
holder to practice either medicine and surgery or osteopathic	24152
medicine and surgery provided the certificate holder maintains	24153
current registration as required by section 4731.281 of the	24154
Revised Code and provided further that such certificate has not	24155
been revoked, suspended, or limited by action of the state medical	24156
board pursuant to this chapter.	24157

(E) An affirmative vote of not less than six members of the	24158
board is required for the issuance of a certificate.	24159

(F) If an individual receives an initial or renewed training	24160
certificate under section 4731.291 of the Revised Code and not	24161
later than four months thereafter applies for a certificate under	24162
this section, the fee required by division (B)(1) of this section	24163
shall be reduced by the amount of the fee paid for the training	24164
certificate.	24165

Sec. 4731.53.  At the time an applicant files an application,	24167
the applicant shall file with the secretary of the state medical	24168
board evidence of preliminary education showing that the applicant	24169
has satisfactorily completed at least two years of collegiate work	24170
in an approved college of arts and sciences in addition to high	24171
school graduation. When the entrance examiner finds the	24172
preliminary education of the applicant sufficient, the entrance	24173
examiner shall issue a certificate of preliminary examination upon	24174
the payment to the treasurer of the board of a fee of thirty-five	24175
dollars. Such certificate shall be attested by the secretary.	24176

The applicant shall also present a diploma from a college of	24177
podiatric medicine and surgery in good standing as defined by the	24178
board at the time the diploma was issued. The applicant shall	24179
present an affidavit that the applicant is the person named in the	24180
diploma and is the lawful possessor thereof stating the	24181
applicant's age, residence, the school at which the applicant	24182
obtained education in podiatric medicine and surgery, the time	24183
spent in the study of podiatric medicine and surgery, and such	24184
other facts as the board may require.	24185

The applicant shall also present proof of completion of one	24186
year of postgraduate training in a podiatric internship,	24187
residency, or clinical fellowship program accredited by the	24188
council on podiatric medical education or the American podiatric	24189
medical association.	24190

Sec. 4731.573.  (A) An individual seeking to pursue an	24191
internship, residency, or clinical fellowship program in podiatric	24192
medicine and surgery in this state, who does not hold a	24193
certificate to practice podiatric medicine and surgery issued	24194
under this chapter, shall apply to the state medical board for a	24195
training certificate. The application shall be made on forms that	24196
the board shall furnish and shall be accompanied by an application	24197
fee of seventy-five dollars.	24198

An applicant for a training certificate shall furnish to the	24199
board all of the following:	24200

(1) Evidence satisfactory to the board that the applicant is	24201
at least eighteen years of age and is of good moral character;	24202

(2) Evidence satisfactory to the board that the applicant	24203
has been accepted or appointed to participate in this state in one	24204
of the following:	24205

(a) An internship or residency program accredited by either	24206
the council on podiatric medical education or the American	24207
podiatric medical association;	24208

(b) A clinical fellowship program at an institution with a	24209
residency program accredited by either the council on podiatric	24210
medical education or the American podiatric medical association	24211
that is in a clinical field the same as or related to the clinical	24212
field of the fellowship program.	24213

(3) Information identifying the beginning and ending dates	24214
of the period for which the applicant has been accepted or	24215
appointed to participate in the internship, residency, or clinical	24216
fellowship program;	24217

(4) Any other information that the board requires.

24218

(B) If no grounds for denying a certificate under section	24219
4731.22 of the Revised Code apply and the applicant meets the	24220
requirements of division (A) of this section, the board shall	24221
issue a training certificate to the applicant. The board shall	24222
not require an examination as a condition of receiving a training	24223
certificate.	24224

A training certificate issued pursuant to this section shall	24225
be valid only for the period of one year, but may in the	24226
discretion of the board and upon application duly made, be renewed	24227
annually for a maximum of five years. The fee for renewal of a	24228
training certificate shall be thirty-five dollars.	24229

The board shall maintain a register of all individuals who	24230
hold training certificates.	24231

(C) The holder of a valid training certificate shall be	24232
entitled to perform such acts as may be prescribed by or	24233
incidental to the holder's internship, residency, or clinical	24234
fellowship program, but the holder shall not be entitled otherwise	24235
to engage in the practice of podiatric medicine and surgery in	24236
this state. The holder shall limit activities under the	24237
certificate to the programs of the hospitals or facilities for	24238
which the training certificate is issued. The holder shall train	24239
only under the supervision of the podiatrists responsible for	24240
supervision as part of the internship, residency, or clinical	24241
fellowship program. A training certificate may be revoked by the	24242
board upon proof, satisfactory to the board, that the holder	24243
thereof has engaged in practice in this state outside the scope of	24244
the internship, residency, or clinical fellowship program for	24245
which the training certificate has been issued, or upon proof,	24246
satisfactory to the board, that the holder thereof has engaged in	24247
unethical conduct or that there are grounds for action against the	24248
holder under section 4731.22 of the Revised Code.	24249

(D) The board may adopt rules as the board finds necessary	24250
to effect the purpose of this section.	24251

Sec. 4736.12.  (A) The state board of sanitarian	24253
registration shall charge the following fees:	24254

(1) To apply as a sanitarian-in-training, fifty-five	24255
fifty-seven dollars;	24256

(2) For sanitarians-in-training to apply for registration as	24257
sanitarians, fifty-five fifty-seven dollars. The applicant shall	24258
pay this fee only once regardless of the number of times the	24259
applicant takes an examination required under section 4736.08 of	24260
the Revised Code.	24261

(3) For persons other than sanitarians-in-training to apply	24262
for registration as sanitarians, including persons meeting the	24263
requirements of section 4736.16 of the Revised Code, one hundred	24264
ten fourteen dollars. The applicant shall pay this fee only once	24265
regardless of the number of times the applicant takes an	24266
examination required under section 4736.08 of the Revised Code.	24267

(4) The renewal fee for registered sanitarians shall be	24268
fixed by the board and shall not exceed fifty-eight sixty-one	24269
dollars.	24270

(5) The renewal fee for sanitarians-in-training shall be	24271
fixed by the board and shall not exceed fifty-eight sixty-one	24272
dollars.	24273

(6) For late application for renewal, twenty-five dollars.

24274

The board of sanitarian registration, with the approval of	24275
the controlling board, may establish fees in excess of the amounts	24276
provided in this section, provided that such fees do not exceed	24277
the amounts permitted by this section by more than fifty per cent.	24278

(B) The board of sanitarian registration shall charge	24279
separate fees for examinations as required by section 4736.08 of	24280
the Revised Code, provided that the fees are not in excess of the	24281
actual cost to the board of conducting the examinations.	24282

(C) The board of sanitarian registration may adopt rules	24283
establishing fees for all of the following:	24284

(1) Application for the registration of a training agency	24285
approved under rules adopted by the board pursuant to section	24286
4736.11 of the Revised Code and for the annual registration	24287
renewal of an approved training agency.	24288

(2) Application for the review of continuing education hours	24289
submitted for the board's approval by approved training agencies	24290
or by registered sanitarians or sanitarians-in-training.	24291

Sec. 4736.14.  The state board of sanitarian registration	24292
may, upon application and proof of valid registration, issue a	24293
certificate of registration to any resident of this state person	24294
who is or has been registered as a sanitarian by any other state,	24295
if the requirements of that state at the time of such registration	24296
are determined by the board to be at least equivalent to the	24297
requirements of this chapter.	24298

Sec. 4743.05.  Except as otherwise provided in sections	24299
4701.20, and 4729.65 of the Revised Code, all money collected	24300
under Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717.,	24301
4723., 4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753.,	24302
4755., 4757., 4759., and 4761. of the Revised Code, and until	24303
December 31, 2004, money collected under Chapter 4779. of the	24304
Revised Code, shall be paid into the state treasury to the credit	24305
of the occupational licensing and regulatory fund, which is hereby	24306
created for use in administering such chapters. Money deposited to	24307
the credit of the fund under section 4731.24 of the Revised Code	24308
shall be used until July 1, 1998, for administering Chapters 4730.	24309
and 4731. of the Revised Code.	24310

At the end of each quarter, the director of budget and	24311
management shall transfer from the occupational licensing and	24312
regulatory fund to the nurse education assistance fund created in	24313
section 3333.28 of the Revised Code the amount certified to the	24314
director under division (B) of section 4723.08 of the Revised	24315
Code.	24316

At the end of the first quarter of 1995 and at the end of	24317
each quarter thereafter, the director shall transfer from the	24318
occupational licensing and regulatory fund to the certified public	24319
accountant education assistance fund created in section 4701.26 of	24320
the Revised Code the amount certified to the director under	24321
division (D)(H)(2) of section 4701.10 of the Revised Code.	24322

Sec. 4775.01.  As used in this chapter:

24323

(A) "Motor vehicle" has the same meaning as in section	24324
4501.01 of the Revised Code.	24325

(B) "Collision" means an occurrence in which two or more	24326
objects, whether mobile or stationary, contact one another in a	24327
manner that causes the alteration of the surface, structure, or	24328
appearance, whether separately or collectively, of an object that	24329
is party to the occurrence.	24330

(C) "Collision repair" means any and all restorative or	24331
replacement procedures that are performed on and affect or	24332
potentially affect the structural, life safety, and cosmetic	24333
components of a motor vehicle that has been damaged as a result of	24334
a collision. "Collision repair" also includes any procedure that	24335
is employed for the purpose of repairing, restoring, replacing, or	24336
refinishing, whether wholly or separately, any structural, life	24337
safety, or cosmetic component of a motor vehicle to a condition	24338
approximating or replicating the function, use, or appearance of	24339
the component prior to a collision.	24340

(D) "Motor vehicle collision repair operator" means a any	24341
person who owns or manages, in whole or in part, a motor vehicle	24342
collision repair facility, whether or not mechanical or other	24343
repairs also are performed at the facility, sole proprietorship,	24344
foreign or domestic partnership, limited liability corporation, or	24345
other legal entity that is not an employee or agent of a principal	24346
and performs five or more motor vehicle collision repairs in a	24347
calendar year, but does not mean any of the following:	24348

(1) An employee, other than a manager, of a motor vehicle	24350
collision repair operator;	24351

(2) A motor vehicle dealer licensed pursuant to sections	24352
4517.01 to 4517.45 of the Revised Code;	24353

(3) A motor vehicle dealer licensed pursuant to sections	24354
4517.01 to 4517.45 of the Revised Code who also is the owner, part	24355
owner, or operator of a motor vehicle collision repair facility;	24356

(4) A motor vehicle auction owner licensed pursuant to	24357
sections 4517.01 to 4517.45 of the Revised Code;	24358

(5) A motor vehicle leasing dealer licensed pursuant to	24359
sections 4517.01 to 4517.45 of the Revised Code;	24360

(6) A motor vehicle salvage dealer licensed pursuant to	24361
sections 4738.01 to 4738.18 Chapter 4738. of the Revised Code;	24362

(7) A person or lessee who owns or leases ten or more motor	24363
vehicles used principally in connection with any established	24364
business and who does not perform motor vehicle collision repairs	24365
on motor vehicles other than the motor vehicles used principally	24366
in connection with the established business;	24367

(8) A motor vehicle renting dealer as defined in division	24368
(A)(2) of section 4549.65 of the Revised Code who does not perform	24369
motor vehicle collision repairs on motor vehicles other than the	24370
motor vehicles used in connection with the established motor	24371
vehicle renting business;	24372

(9) A person who performs collision repairs to the motor	24373
vehicles of a single commercial, industrial, or governmental	24374
establishment exclusively and does not offer or provide motor	24375
vehicle collision repair service to the general public;	24376

(10) The owner, part owner, or officer of, or instructor	24377
employed by, an educational institution that provides instruction	24378
in motor vehicle collision repair while the owner, part owner,	24379
officer of, or instructor is engaging in activity in furtherance	24380
of instruction in motor vehicle collision repair.	24381

(C)(E) "Motor vehicle collision repair facility" means a	24382
business location in from which five or more separate motor	24383
vehicle collision repairs are performed for the general public on	24384
motor vehicles in a twelve-month period, commencing with the day	24385
of the month in which the first such repair is made.	24386

Sec. 4775.02.  (A) No person shall act as a motor vehicle	24387
collision repair operator unless the person is registered in	24388
accordance with this chapter.	24389

(B) Any person or entity that conducts or attempts to	24390
conduct business as a motor vehicle collision repair operator in	24391
violation of this chapter performs an unfair and deceptive act or	24392
practice in violation of section 1345.02 of the Revised Code.	24393

Sec. 4775.08.  (A) The initial and annual renewal fee for a	24394
motor vehicle collision repair registration certificate and for a	24395
temporary motor vehicle collision repair registration certificate	24396
is one hundred fifty dollars for each business location at which	24397
the motor vehicle collision repair operator conducts business as	24398
an operator, except that the board of motor vehicle collision	24399
repair registration, with the approval of the controlling board,	24400
may establish fees in excess of or less than that amount, provided	24401
that such fees do not exceed or are not less than that amount by	24402
more than fifty per cent.	24403

The board shall adjust the fees as necessary in order to	24404
provide for the expenses associated with carrying out this chapter	24405
without causing an excessive build-up of surplus funds in the	24406
motor vehicle collision repair registration fund, which is hereby	24407
created in the state treasury.	24408

(B) If the board has notified or attempted to notify a motor	24409
vehicle collision repair operator that the operator is required to	24410
be registered under this chapter, and the operator fails to	24411
register, the initial fee for the registration of such an	24412
unregistered operator for each business location at which the	24413
operator conducts business as an operator, is the initial fee then	24414
in effect plus an additional amount equal to the initial fee then	24415
in effect for each calendar year that the operator is not	24416
registered after the board has notified or attempted to notify the	24417
operator.	24418

(C) The board shall deposit all fees and fines collected	24419
under this chapter into the motor vehicle collision repair	24420
registration fund, which is hereby created in the state treasury.	24421
The board shall use the fund solely for the administration and	24422
enforcement of this chapter.	24423

Sec. 4775.99.  (A) Whoever violates section 4775.02 of the	24424
Revised Code shall be fined not more than one thousand dollars on	24425
a first offense. On each subsequent offense, the offender shall	24426
be fined not less than one thousand nor more than five thousand	24427
dollars.	24428

(B) After conducting an investigation and upon establishing	24429
that a violation of section 4775.02 of the Revised Code has	24430
occurred, the board of motor vehicle collision repair	24431
registration, in addition to any other action it may take or any	24432
other penalty imposed pursuant to this chapter, may impose an	24433
administrative fine on the person or entity that committed the	24434
violation in an amount of not more than one thousand dollars on a	24435
first offense. On each subsequent offense, the board may impose	24436
an administrative fine of not less than one thousand dollars nor	24437
more than five thousand dollars. If the administrative fine is	24438
not paid, the attorney general, upon the board's request, shall	24439
commence a civil action to collect the administrative fine.	24440

Sec. 4905.87. (A) To the extent funding is available in the	24441
biomass energy program fund, the public utilities commission shall	24442
maintain a program to promote the development and use of biomass	24443
energy.	24444

(B) The biomass energy program fund is hereby created in the	24445
state treasury. Money received by the commission for the program	24446
maintained under this section shall be credited to the fund, and	24447
used for that program.	24448

Sec. 5101.14.  (A) Within available funds, the department of	24450
job and family services shall make payments to the counties within	24451
thirty days after the beginning of each calendar quarter for a	24452
part of their costs for services to children performed pursuant to	24453
Chapter 5153. of the Revised Code.	24454

Funds provided to the county under this section shall be	24455
deposited into the children services fund created pursuant to	24456
section 5101.144 of the Revised Code.	24457

(B)(1) The funds distributed under this section shall be	24458
used for the following:	24459

(a) Home-based services to children and families;

24460

(b) Protective services to children;

24461

(c) To find, develop, and approve adoptive homes;

24462

(d) Short-term, out-of-home care and treatment for children;

24463

(e) Costs for the care of a child who resides with a	24464
caretaker relative, other than the child's parent, and is in the	24465
legal custody of a public children services agency pursuant to a	24466
voluntary temporary custody agreement entered into under division	24467
(A) of section 5103.15 of the Revised Code or in the legal custody	24468
of a public children services agency or the caretaker relative	24469
pursuant to an allegation or adjudication of abuse, neglect, or	24470
dependency made under Chapter 2151. of the Revised Code;	24471

(f) Other services a public children services agency	24472
considers necessary to protect children from abuse, neglect, or	24473
dependency.	24474

(2) No funds distributed under this section shall be used	24475
for the costs of maintaining a child in a children's home owned	24476
and operated by the county.	24477

(C) In each fiscal year, the amount of funds available for	24478
distribution under this section shall be allocated to counties as	24479
follows:	24480

(1) If the amount is less than the amount initially	24481
appropriated for the immediately preceding fiscal year, each	24482
county shall receive an amount equal to the percentage of the	24483
funding it received in the immediately preceding fiscal year,	24484
exclusive of any releases from or additions to the allocation or	24485
any sanctions imposed under this section;	24486

(2) If the amount is equal to the amount initially	24487
appropriated for the immediately preceding fiscal year, each	24488
county shall receive an amount equal to the amount it received in	24489
the preceding fiscal year, exclusive of any releases from or	24490
additions to the allocation or any sanctions imposed under this	24491
section;	24492

(3) If the amount is greater than the amount initially	24493
appropriated for the immediately preceding fiscal year, each	24494
county shall receive the amount determined under division (C)(2)	24495
of this section as a base allocation, plus a percentage of the	24496
amount that exceeds the amount initially appropriated for the	24497
immediately preceding fiscal year. The amount exceeding the	24498
amount initially appropriated in the immediately preceding fiscal	24499
year shall be allocated to the counties as follows:	24500

(a) Twelve per cent divided equally among all counties;

24501

(b) Forty-eight per cent in the ratio that the number of	24502
residents of the county under the age of eighteen bears to the	24503
total number of such persons residing in this state;	24504

(c) Forty per cent in the ratio that the number of residents	24505
of the county with incomes under the federal poverty guideline	24506
bears to the total number of such persons in this state.	24507

As used in division (C)(3)(c) of this section, "federal	24508
poverty guideline" means the poverty guideline as defined by the	24509
United States office of management and budget and revised by the	24510
United States secretary of health and human services in accordance	24511
with section 673 of the "Community Services Block Grant Act," 95	24512
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	24513

(D) The director of job and family services may adopt rules	24514
as necessary for the allocation of funds under this section. The	24515
rules shall be adopted in accordance with section 111.15 of the	24516
Revised Code.	24517

(E)(1) As used in this division, "services to children"	24518
includes only means children's protective services, home-based	24519
services to children and families, foster home services,	24520
residential treatment services, adoptive services, and independent	24521
living services.	24522

(2) Except as otherwise provided in this section, the	24523
allocation of funds for a fiscal year to a county under this	24524
section shall be reduced by the department if in the preceding	24525
calendar year the total amount expended for services to children	24526
from local funds and funds distributed to the county under section	24527
5101.46 of the Revised Code was less than the total expended from	24528
those sources that source in the second preceding calendar year.	24529
The reduction shall be equal to the difference between the total	24530
expended in the preceding calendar year and the total expended in	24531
the second preceding calendar year.	24532

The determination of whether the amount expended for services	24533
to children was less in the preceding calendar year than in the	24534
second preceding calendar year shall not include a difference due	24535
to any of the following factors to the extent that the difference	24536
does not exceed the amount attributable to that factor:	24537

(a) An across-the-board reduction in the county budget as a	24538
whole;	24539

(b) A reduced or failed levy specifically earmarked for	24540
children services;	24541

(c) A reduced allocation of funds to the county under section	24542
5101.24 of the Revised Code;	24543

(d) The closure of, or a reduction in the operating capacity	24544
of, a children's home owned and operated by the county.	24545

(3) Funds withheld under this division may be reallocated by	24546
the department to other counties. The department may grant whole	24547
or partial waivers of the provisions of this division.	24548

(F) Children who are in the temporary or permanent custody	24549
of a certified public or private nonprofit agency or institution,	24550
or who are in adoptions subsidized under division (B) of section	24551
5153.163 of the Revised Code are eligible for medical assistance	24552
through the medical assistance program established under section	24553
5111.01 of the Revised Code.	24554

(G) Within ninety days after the end of each fiscal year,	24555
each county shall return any unspent funds to the department.	24556

(H) The department shall prepare an annual report detailing	24557
on a county-by-county basis the services provided with funds	24558
distributed under this section. The report shall be submitted to	24559
the general assembly by the thirtieth day of September each year	24560
and also shall be made available to the public.	24561

(I) In accordance with Chapter 119. of the Revised Code, the	24562
director shall adopt, and may amend and rescind, rules prescribing	24563
reports on expenditures to be submitted by the counties as	24564
necessary for the implementation of this section.	24565

Sec. 5101.141.  (A) The department of job and family	24566
services shall act as the single state agency to administer	24567
federal payments for foster care and adoption assistance made	24568
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501,	24569
42 U.S.C.A. 670 (1980), as amended. The director of job and	24570
family services shall adopt rules to implement this authority.	24571
Internal management rules governing financial and administrative	24572
requirements applicable to public children services agencies,	24573
private child placing agencies, and private noncustodial agencies	24574
shall be adopted in accordance with section 111.15 of the Revised	24575
Code. Rules establishing eligibility, program participation, and	24576
other requirements shall be adopted in accordance with Chapter	24577
119. of the Revised Code. A public children services agency to	24578
which the department distributes Title IV-E funds shall administer	24579
the funds in accordance with those rules.	24580

(B)(1) The county, on behalf of each child eligible for	24581
foster care maintenance payments under Title IV-E of the "Social	24582
Security Act," shall make payments to cover the cost of providing	24583
all of the following:	24584

(a) The child's food, clothing, shelter, daily supervision,	24585
and school supplies;	24586

(b) The child's personal incidentals;

24587

(c) Reasonable travel to the child's home for visitation.

24588

(2) In addition to payments made under division (B)(1) of	24589
this section, the county may, on behalf of each child eligible for	24590
foster care maintenance payments under Title IV-E of the "Social	24591
Security Act," make payments to cover the cost of providing the	24592
following:	24593

(a) Liability insurance with respect to the child;

24594

(b) If the county is participating in the demonstration	24595
project established under division (A) of section 5101.142 of the	24596
Revised Code, services provided under the project.	24597

(3) With respect to a child who is in a child-care	24598
institution, including any type of group home designed for the	24599
care of children or any privately operated program consisting of	24600
two or more certified foster homes operated by a common	24601
administrative unit, the foster care maintenance payments made by	24602
the county on behalf of the child shall include the reasonable	24603
cost of the administration and operation of the institution, group	24604
home, or program, as necessary to provide the items described in	24605
divisions (B)(1) and (2) of this section.	24606

(C) To the extent that either foster care maintenance	24607
payments under division (B) of this section or Title IV-E adoption	24608
assistance payments for maintenance costs require the expenditure	24609
of county funds, the board of county commissioners shall report	24610
the nature and amount of each expenditure of county funds to the	24611
department.	24612

(D) The department shall distribute to public children	24613
services agencies that incur and report such expenditures federal	24614
financial participation received for administrative and training	24615
costs incurred in the operation of foster care maintenance and	24616
adoption assistance programs. The department may withhold not	24617
more than two three per cent of the federal financial	24618
participation received. The funds withheld may be used only to	24619
fund the Ohio child welfare training program established under	24620
section 5153.60 of the Revised Code and the university partnership	24621
program for college and university students majoring in social	24622
work who have committed to work for a public children services	24623
agency upon graduation. The funds withheld shall be in addition to	24624
any administration and training cost for which the department is	24625
reimbursed through its own cost allocation plan.	24626

(E) All federal financial participation funds received by a	24627
county pursuant to this section shall be deposited into the	24628
county's children services fund created pursuant to section	24629
5101.144 of the Revised Code.	24630

(F) The department shall periodically publish and distribute	24631
the maximum amounts that the department will reimburse public	24632
children services agencies for making payments on behalf of	24633
children eligible for foster care maintenance payments.	24634

(G) The department, by and through its director, is hereby	24635
authorized to develop, participate in the development of,	24636
negotiate, and enter into one or more interstate compacts on	24637
behalf of this state with agencies of any other states, for the	24638
provision of medical assistance and other social services to	24639
children in relation to whom all of the following apply:	24640

(1) They have special needs.

24641

(2) This state or another state that is a party to the	24642
interstate compact is providing adoption assistance on their	24643
behalf.	24644

(3) They move into this state from another state or move out	24645
of this state to another state.	24646

Sec. 5101.145.  (A) For the purposes of this section, "Title	24647
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	24648
42 U.S.C.A. 670 (1980).	24649

(B) In adopting rules under section 5101.141 of the Revised	24650
Code regarding financial requirements applicable to public	24651
children services agencies, private child placing agencies, and	24652
private noncustodial agencies, the department of job and family	24653
services shall establish both of the following:	24654

(1) A single form for the agencies to report costs	24655
reimbursable under Title IV-E and costs reimbursable under	24656
medicaid;	24657

(2) Procedures procedures to monitor cost reports submitted	24658
by the agencies. The procedures shall be used to do both of the	24659
following:	24660

(1) Determine which of the costs are reimbursable under	24661
Title IV-E;	24662

(2) Ensure that costs reimbursable under medicaid are	24663
excluded from determinations made under division (B)(1) of this	24664
section.	24665

Sec. 5101.184.  (A) The director of job and family services	24666
shall work with the tax commissioner to collect overpayments of	24667
assistance under Chapter 5107., 5111., or 5115., former Chapter	24668
5113., or sections section 5101.54 to 5101.543 of the Revised Code	24669
from refunds of state income taxes for taxable year 1992 and	24670
thereafter that are payable to the recipients of such	24671
overpayments.	24672

Any overpayment of assistance, whether obtained by fraud or	24673
misrepresentation, as the result of an error by the recipient or	24674
by the agency making the payment, or in any other manner, may be	24675
collected under this section. Any reduction under section 5747.12	24676
or 5747.121 of the Revised Code to an income tax refund shall be	24677
made before a reduction under this section. No reduction shall be	24678
made under this section if the amount of the refund is less than	24679
twenty-five dollars after any reduction under section 5747.12 of	24680
the Revised Code. A reduction under this section shall be made	24681
before any part of the refund is contributed under section	24682
5747.113 of the Revised Code to the natural areas and preserves	24683
fund or the nongame and endangered wildlife fund, or is credited	24684
under section 5747.12 of the Revised Code against tax due in any	24685
subsequent year.	24686

The director and the tax commissioner, by rules adopted in	24687
accordance with Chapter 119. of the Revised Code, shall establish	24688
procedures to implement this division. The procedures shall	24689
provide for notice to a recipient of assistance and an opportunity	24690
for the recipient to be heard before the recipient's income tax	24691
refund is reduced.	24692

(B) The director of job and family services may enter into	24693
agreements with the federal government to collect overpayments of	24694
assistance from refunds of federal income taxes that are payable	24695
to recipients of the overpayments.	24696

Sec. 5101.071.        Sec.  .        Sec. 5101.251.  (A) Not later than ninety days	24697
after the effective date of this section December 8, 1994, the	24698
director of job and family services shall develop and provide a	24699
training program to assist caseworkers in county departments of	24700
job and family services and public children services agencies in	24701
understanding the dynamics of domestic violence and the	24702
relationship domestic violence has to child abuse. The program	24703
shall be coordinated with other department of job and family	24704
services programs regarding family violence.	24705

(B) Not later than ninety days after the effective date of	24706
this section December 9, 1994, the director of job and family	24707
services shall adopt internal management rules in accordance with	24708
section 111.15 of the Revised Code establishing policies for	24709
dealing with domestic violence and the victims of domestic	24710
violence. The rules shall include all of the following:	24711

(1) A rule designating types and categories of employees of	24712
county departments of job and family services and employees of	24713
public children services agencies to receive training in the	24714
handling of domestic violence cases and a policy for the training	24715
of the designated types and categories of employees in the	24716
handling of those cases.	24717

(2) Guidelines directing how county departments of job and	24718
family services and county children services boards shall respond	24719
to identified domestic violence problems and to the needs of	24720
children directly or indirectly involved in situations involving	24721
domestic violence.	24722

(C) Each county department of job and family services and	24723
each public children services agency shall require its employees	24724
to complete the training described in divisions (A) and (B) of	24725
this section in accordance with the rules adopted by the director	24726
of job and family services pursuant to division (B) of this	24727
section.	24728

Sec. 5101.36.  Any application for public assistance gives a	24729
right of subrogation to the department of job and family services	24730
for any workers' compensation benefits payable to a person who is	24731
subject to a support order, as defined in section 3119.01 of the	24732
Revised Code, on behalf of the applicant, to the extent of any	24733
public assistance payments made on the applicant's behalf. If the	24734
director of job and family services, in consultation with a child	24735
support enforcement agency and the administrator of the bureau of	24736
workers' compensation, determines that a person responsible for	24737
support payments to a recipient of public assistance is receiving	24738
workers' compensation, the director shall notify the administrator	24739
of the amount of the benefit to be paid to the department of job	24740
and family services.	24741

For purposes of this section, "public assistance" means	24742
medical assistance provided through the medical assistance program	24743
established under section 5111.01 of the Revised Code,; Ohio works	24744
first provided under Chapter 5107. of the Revised Code,;	24745
prevention, retention, and contingency assistance benefits and	24746
services provided under Chapter 5108. of the Revised Code,; or	24747
disability assistance provided under Chapter 5115. of the Revised	24748
Code.	24749

Sec. 5101.521.  When the body of a dead person is found in a	24750
township or municipal corporation, and such person was not an	24751
inmate of a correctional, benevolent, or charitable institution of	24752
this state, and the body is not claimed by any person for private	24753
interment or cremation at the person's own expense, or delivered	24754
for the purpose of medical or surgical study or dissection in	24755
accordance with section 1713.34 of the Revised Code, or the person	24756
was not eligible for burial assistance under section 5101.52 of	24757
the Revised Code, it shall be disposed of as follows:	24758

(A) If the person was a legal resident of the county, the	24759
proper officers of the township or municipal corporation in which	24760
the person's body was found shall cause it to be buried or	24761
cremated at the expense of the township or municipal corporation	24762
in which the person had a legal residence at the time of death.	24763

(B) If the person had a legal residence in any other county	24764
of the state at the time of death, the superintendent of the	24765
county home of the county in which such body was found shall cause	24766
it to be buried or cremated at the expense of the township or	24767
municipal corporation in which the person had a legal residence at	24768
the time of death.	24769

(C) If the person was an inmate of a correctional	24770
institution of the county or a patient or resident of a benevolent	24771
institution of the county, the person had no legal residence in	24772
the state, or the person's legal residence is unknown, the	24773
superintendent shall cause the person to be buried or cremated at	24774
the expense of the county.	24775

Such officials shall provide, at the grave of the person or,	24776
if the person's cremated remains are buried, at the grave of the	24777
person's cremated remains, a stone or concrete marker on which the	24778
person's name and age, if known, and date of death shall be	24779
inscribed.	24780

A political subdivision is not relieved of its duty to bury	24781
or cremate a person at its expense under this section when the	24782
body is claimed by an indigent person.	24783

Sec. 5101.54.  (A) The director of job and family services	24784
shall administer the food stamp program in accordance with the	24785
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	24786
amended. The department may:	24787

(1) Prepare and submit to the secretary of the United States	24788
department of agriculture a plan for the administration of the	24789
food stamp program;	24790

(2) Prescribe forms for applications, certificates, reports,	24791
records, and accounts of county departments of job and family	24792
services, and other matters;	24793

(3) Require such reports and information from each county	24794
department of job and family services as may be necessary and	24795
advisable;	24796

(4) Administer and expend any sums appropriated by the	24797
general assembly for the purposes of this section and all sums	24798
paid to the state by the United States as authorized by the Food	24799
Stamp Act of 1977;	24800

(5) Conduct such investigations as are necessary;

24801

(6) Enter into interagency agreements and cooperate with	24802
investigations conducted by the department of public safety,	24803
including providing information for investigative purposes,	24804
exchanging property and records, passing through federal financial	24805
participation, modifying any agreements with the United States	24806
department of agriculture, providing for the supply, security, and	24807
accounting of food stamp coupons benefits for investigative	24808
purposes, and meeting any other requirements necessary for the	24809
detection and deterrence of illegal activities in the state food	24810
stamp program;	24811

(7) Adopt rules in accordance with Chapter 119. of the	24812
Revised Code governing employment and training requirements of	24813
recipients of food stamp benefits, including rules specifying	24814
which recipients are subject to the requirements and establishing	24815
sanctions for failure to satisfy the requirements. The rules	24816
shall be consistent with 7 U.S.C.A. 2015 and, to the extent	24817
practicable, may provide for food stamp benefit recipients to	24818
participate in work activities, developmental activities, and	24819
alternative work activities established under sections 5107.40 to	24820
5107.69 of the Revised Code that are comparable to programs	24821
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference	24822
rules adopted under section 5107.05 of the Revised Code governing	24823
work activities, developmental activities, and alternative work	24824
activities established under sections 5107.40 to 5107.69 of the	24825
Revised Code.	24826

(8) Adopt rules in accordance with section 111.15 of the	24827
Revised Code that are consistent with the Food Stamp Act of 1977,	24828
as amended, and regulations adopted thereunder governing the	24829
following:	24830

(a) Eligibility requirements for the food stamp program;

24831

(b) Sanctions for failure to comply with eligibility	24832
requirements;	24833

(c) Allotment of food stamp coupons benefits;

24834

(d) To the extent permitted under federal statutes and	24835
regulations, a system under which some or all recipients of food	24836
stamp benefits subject to employment and training requirements	24837
established by rules adopted under division (A)(7) of this section	24838
receive food stamp benefits after satisfying the requirements;	24839

(e) Administration of the program by county departments of	24840
job and family services;	24841

(f) Other requirements necessary for the efficient	24842
administration of the program.	24843

(9) Submit a plan to the United States secretary of	24844
agriculture for the department of job and family services to	24845
operate a simplified food stamp program pursuant to 7 U.S.C.A.	24846
2035 under which requirements governing the Ohio works first	24847
program established under Chapter 5107. of the Revised Code also	24848
govern the food stamp program in the case of households receiving	24849
food stamp benefits and participating in Ohio works first.	24850

(B) Except while in the custody of the United States postal	24851
service, food stamps and any document necessary to obtain food	24852
stamps are the property of the department of job and family	24853
services from the time they are received in accordance with	24854
federal regulations by the department from the federal agency	24855
responsible for such delivery until they are received by a	24856
household entitled to receive them or by the authorized	24857
representative of the household.	24858

(C) A household that is entitled to receive food stamps	24859
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011,	24860
as amended, and that is determined to be in immediate need of food	24861
assistance, shall receive certification of eligibility for program	24862
benefits, pending verification, within twenty-four hours, or, if	24863
mitigating circumstances occur, within seventy-two hours, after	24864
application, if:	24865

(1) The results of the application interview indicate that	24866
the household will be eligible upon full verification;	24867

(2) Information sufficient to confirm the statements in the	24868
application has been obtained from at least one additional source,	24869
not a member of the applicant's household. Such information shall	24870
be recorded in the case file, and shall include:	24871

(a) The name of the person who provided the name of the	24872
information source;	24873

(b) The name and address of the information source;

24874

(c) A summary of the information obtained.

24875

The period of temporary eligibility shall not exceed one	24876
month from the date of certification of temporary eligibility. If	24877
eligibility is established by full verification, benefits shall	24878
continue without interruption as long as eligibility continues.	24879

At the time of application, the county department of job and	24880
family services shall provide to a household described in this	24881
division a list of community assistance programs that provide	24882
emergency food.	24883

(D) All applications shall be approved or denied through	24884
full verification within thirty days from receipt of the	24885
application by the county department of job and family services.	24886

(E) Nothing in this section shall be construed to prohibit	24887
the certification of households that qualify under federal	24888
regulations to receive food stamps without charge under the "Food	24889
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended.	24890

(F) Any person who applies for food stamps under this	24891
section shall receive a voter registration application under	24892
section 3503.10 of the Revised Code.	24893

Sec. 5101.80.  (A) The department of job and family services	24894
shall do all of the following:	24895

(1) Prepare and submit to the United States secretary of	24896
health and human services a Title IV-A state plan, and amendments	24897
to the plan that the department determines necessary, for the Ohio	24898
works first program established under Chapter 5107. of the Revised	24899
Code and the prevention, retention, and contingency program	24900
established under Chapter 5108. of the Revised Code;	24901

(2) Prescribe forms for applications, certificates, reports,	24902
records, and accounts of county departments of job and family	24903
services, and other matters related to the Ohio works first	24904
program and the prevention, retention, and contingency program;	24905

(3) Make such reports, in such form and containing such	24906
information as the department may find necessary to assure the	24907
correctness and verification of such reports, regarding the Ohio	24908
works first program and the prevention, retention, and contingency	24909
program;	24910

(4) Require reports and information from each county	24911
department of job and family services as may be necessary or	24912
advisable regarding the Ohio works first program and the	24913
prevention, retention, and contingency program;	24914

(5) Afford a fair hearing in accordance with section 5101.35	24915
of the Revised Code to any applicant for, or participant or former	24916
participant of, the Ohio works first program or the prevention,	24917
retention, and contingency program aggrieved by a decision	24918
regarding either program;	24919

(6) Administer and expend, pursuant to Chapters 5107. and	24920
5108. of the Revised Code, any sums appropriated by the general	24921
assembly for the purpose of those chapters and all sums paid to	24922
the state by the secretary of the treasury of the United States as	24923
authorized by Title IV-A of the "Social Security Act," 49 Stat.	24924
620 (1935), 42 U.S.C. 301, as amended;	24925

(7) Conduct investigations as are necessary regarding the	24926
Ohio works first program and the prevention, retention, and	24927
contingency program;	24928

(8) Enter into reciprocal agreements with other states	24929
relative to the provision of Ohio works first and prevention,	24930
retention, and contingency to residents and nonresidents;	24931

(9) Contract with a private entity to conduct an independent	24932
on-going evaluation of the Ohio works first program and the	24933
prevention, retention, and contingency program. The contract must	24934
require the private entity to do all of the following:	24935

(a) Examine issues of process, practice, impact, and	24936
outcomes;	24937

(b) Study former participants of Ohio works first who have	24938
not participated in Ohio works first for at least one year to	24939
determine whether they are employed, the type of employment in	24940
which they are engaged, the amount of compensation they are	24941
receiving, whether their employer provides health insurance,	24942
whether and how often they have received assistance benefits or	24943
services under the prevention, retention, and contingency program,	24944
and whether they are successfully self sufficient;	24945

(c) Provide the department an initial report of the	24946
evaluation not later than two years after October 1, 1997, and	24947
provide subsequent with reports at times the department specifies.	24948

(10) Not later than March 1, 1998, and the first day of each	24949
September and March thereafter until September 1, 2001, prepare a	24950
county by county report concerning individuals who cease to	24951
participate in Ohio works first that contains the reasons the	24952
individuals ceased to participate, including employment, marital	24953
status, and relocation;	24954

(11) Not later than January 1, 2001, and the first day of	24955
each January and July thereafter, prepare a report containing	24956
information on the following:	24957

(a) A county by county breakdown of individuals who cease to	24958
participate in Ohio works first and the reasons the individuals	24959
ceased to participate, including Individuals exhausting the time	24960
limits for participation set forth in section 5107.18 of the	24961
Revised Code.	24962

(b) Individuals who have been exempted from the time limits	24963
set forth in section 5107.18 of the Revised Code and the reasons	24964
for the exemption.	24965

(12)(11) Not later than January 1, 2001, and on a quarterly	24966
basis thereafter until December 1, 2003, prepare, to the extent	24967
the necessary data is available to the department, a report based	24968
on information determined under section 5107.80 of the Revised	24969
Code that states how many former Ohio works first participants	24970
entered the workforce during the most recent previous quarter for	24971
which the information is known and includes information regarding	24972
the earnings of those former participants. The report shall	24973
include a county-by-county breakdown and shall not contain the	24974
names or social security numbers of former participants.	24975

(B) The department shall provide copies of the reports it	24976
receives under division (A)(9) of this section and prepares under	24977
divisions (A)(10), (11), and (12) of this section to the governor,	24978
the president and minority leader of the senate, and the speaker	24979
and minority leader of the house of representatives. The	24980
department shall provide copies of the reports to any private or	24981
government entity on request.	24982

(C) An authorized representative of the department or a	24983
county department of job and family services shall have access to	24984
all records and information bearing thereon for the purposes of	24985
investigations conducted pursuant to this section.	24986

Sec. 5101.821.  Except as otherwise approved by the director	24987
of budget and management, the department of job and family	24988
services shall deposit federal funds received under Title IV-A of	24989
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	24990
into the temporary assistance for needy families (TANF) federal	24991
fund, which is hereby created in the state treasury. The	24992
department shall use money in the fund for the Ohio works first	24993
program established under Chapter 5107. of the Revised Code; the	24994
prevention, retention, and contingency program established under	24995
Chapter 5108. of the Revised Code; and any other purposes	24996
consistent with Title IV-A, federal regulations, federal waivers	24997
granted by the United States secretary of health and human	24998
services, state law, the Title IV-A state plan and amendments	24999
submitted to the United States secretary of health and human	25000
services under section 5101.80 of the Revised Code, and rules	25001
adopted by the department under section 5107.05 of the Revised	25002
Code.	25003

Sec. 5101.83.  (A) As used in this section:

25004

(1) "Assistance group" has the same meaning as in sections	25005
5107.02 and 5108.01 of the Revised Code, except that it also means	25006
a group provided benefits and services under the prevention,	25007
retention, and contingency program because the members of the	25008
group share a common need for benefits and services.	25009

(2) "Fraudulent assistance" means assistance and service,	25010
including cash assistance, provided under the Ohio works first	25011
program established under Chapter 5107., or benefits and services	25012
provided under the prevention, retention, and contingency program	25013
established under Chapter 5108. of the Revised Code, to or on	25014
behalf of an assistance group that is provided as a result of	25015
fraud by a member of the assistance group, including an	25016
intentional violation of the program's requirements. "Fraudulent	25017
assistance" does not include assistance or servces services to or	25018
on be half behalf of an assistance group that is provided as a	25019
result of an error that is the fault of a county department of job	25020
and family services or the state department of job and family	25021
services.	25022

(B) If a county director of job and family services	25023
determines that an assistance group has received fraudulent	25024
assistance, the assistance group is ineligible to participate in	25025
the Ohio works first program or the prevention, retention, and	25026
contingency program until a member of the assistance group repays	25027
the cost of the fraudulent assistance. If a member repays the	25028
cost of the fraudulent assistance and the assistance group	25029
otherwise meets the eligibility requirements for the Ohio works	25030
first program or the prevention, retention, and contingency	25031
program, the assistance group shall not be denied the opportunity	25032
to participate in the program.	25033

This section does not limit the ability of a county	25034
department of job and family services to recover erroneous	25035
payments under section 5107.76 of the Revised Code.	25036

The state department of job and family services shall adopt	25037
rules in accordance with Chapter 119. of the Revised Code to	25038
implement this section.	25039

Sec. 5101.85.  As used in sections 5101.851 to 5101.854	25040
5101.853 of the Revised Code, "kinship caregiver" means any of the	25041
following who is eighteen years of age or older and is caring for	25042
a child in place of the child's parents:	25043

(A) The following individuals related by blood or adoption	25044
to the child:	25045

(1) Grandparents, including grandparents with the prefix	25046
"great," "great-great," or "great-great-great";	25047

(2) Siblings;

25048

(3) Aunts, uncles, nephews, and nieces, including such	25049
relatives with the prefix "great," "great-great," "grand," or	25050
"great-grand";	25051

(4) First cousins and first cousins once removed.

25052

(B) Stepparents and stepsiblings of the child;

25053

(C) Spouses and former spouses of individuals named in	25054
divisions (A) and (B) of this section;	25055

(D) A legal guardian of the child;

25056

(E) A legal custodian of the child.

25057

Sec. 5101.853.        Sec.  .        Sec. 5101.851.  (A) As used in this section,	25058
"qualified state expenditures" has the meaning provided by section	25059
409(a)(7)(B)(i) of the "Personal Responsibility and Work	25060
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	25061
U.S.C.A. 609(a)(7)(B)(i).	25062

(B) Using qualified state expenditures and based on the	25063
recommendations of the kinship care services planning council, the	25064
The department of job and family services shall may establish a	25065
program providing support services to kinship caregivers statewide	25066
program of kinship care navigators to assist kinship caregivers	25067
who are seeking information regarding, or assistance obtaining,	25068
services and benefits available at the state and local level that	25069
addresses address the needs of those caregivers residing in each	25070
county. The department shall establish the program no later than	25071
March 31, 2000. The program shall provide to kinship caregivers	25072
information and referral services and assistance obtaining support	25073
services that include including the following:	25074

(1)(A) Publicly funded child day-care;

25075

(2)(B) Respite care;

25076

(3)(C) Training related to caring for special needs	25077
children;	25078

(4)(D) A toll-free telephone number that may be called to	25079
obtain basic information about the rights of, and services	25080
available to, kinship caregivers;	25081

(5)(E) Legal services.

25082

Sec. 5101.852. Within available funds, the department of job	25083
and family services shall make payments to public children	25084
services agencies for the purpose of permitting the agencies to	25085
provide kinship care navigator information and referral services	25086
and assistance obtaining support services to kinship caregivers	25087
pursuant to the kinship care navigator program. The department	25088
may provide training and technical assistance concerning the needs	25089
of kinship caregivers to employees of public children services	25090
agencies and to persons or entities that serve kinship caregivers	25091
or perform the duties of a kinship care navigator and are under	25092
contract with an agency.	25093

Sec. 5101.854.        Sec.  .        Sec. 5101.853.  The department of job and family	25094
services shall may adopt rules in accordance with Chapter 119. of	25095
the Revised Code to implement the kinship care navigators program	25096
to provide support services to kinship caregivers. To the extent	25097
permitted by federal law and the Revised Code, the rules may	25098
expand eligibility for programs administered by the department in	25099
a manner making kinship caregivers eligible for the programs. The	25100
rules shall be adopted under Chapter 119. of the Revised Code,	25101
except that rules governing fiscal and administrative matters	25102
related to implementation of the navigators program are internal	25103
management rules and shall be adopted under section 111.15 of the	25104
Revised Code.	25105

Sec. 5103.031.  (A) Except as provided in section 5103.033	25106
of the Revised Code, the department of job and family services may	25107
not issue a certificate under section 5103.03 of the Revised Code	25108
to a foster home unless the foster caregiver successfully	25109
completes the following amount of preplacement training through	25110
the Ohio child welfare training program or a preplacement training	25111
program operated under section 5103.034 of the Revised Code:	25112

(1) If the foster home is a family foster home, at least	25113
twelve hours;	25114

(2) If the foster home is a specialized foster home, at	25115
least thirty-six hours.	25116

(B) No child may be placed in a family foster home unless	25117
the foster caregiver completes at least twelve additional hours of	25118
preplacement training through the Ohio child welfare training	25119
program or a preplacement training program operated under section	25120
5103.034 of the Revised Code.	25121

Sec. 5103.033.  The department of job and family services may	25122
issue or renew a certificate under section 5103.03 of the Revised	25123
Code to a foster home for the care of a child who is in the	25124
custody of a public children services agency or private child	25125
placing agency pursuant to an agreement entered into under section	25126
5103.15 of the Revised Code regarding a child who was less than	25127
six months of age on the date the agreement was executed if the	25128
foster caregiver successfully completes the following amount of	25129
training:	25130

(A) For an initial certificate, at least twelve hours of	25131
preplacement training through the Ohio child welfare training	25132
program or a preplacement training program operated under section	25133
5103.034 of the Revised Code;	25134

(B) For renewal of a certificate, at least twelve hours each	25135
year of continuing training in accordance with the foster	25136
caregiver's needs assessment and continuing training plan	25137
developed and implemented under section 5103.034 5103.035 of the	25138
Revised Code.	25139

Sec. 5103.036.  For the purpose of determining whether a	25140
foster caregiver has satisfied the requirement of section 5103.031	25141
or 5103.032 of the Revised Code, a recommending agency shall	25142
accept training obtained from the Ohio child welfare training	25143
program or pursuant to a preplacement training program or	25144
continuing training program operated under section 5103.034 of the	25145
Revised Code regardless of whether the agency operated the	25146
preplacement training program or continuing training program. The	25147
agency may require that the foster caregiver successfully complete	25148
additional training as a condition of the agency recommending that	25149
the department of job and family services certify or recertify the	25150
foster caregiver's foster home under section 5103.03 of the	25151
Revised Code.	25152

Sec. 5103.0312.  The department of job and family services A	25153
public children services agency, private child placing agency, or	25154
private noncustodial agency acting as a recommending agency for	25155
foster caregivers who hold certificates issued under section	25156
5103.03 of the Revised Code shall pay those foster caregivers who	25157
have been issued a foster home certificate and had at least one	25158
foster child placed in their home a stipend to reimburse them for	25159
attending training courses provided by the Ohio child welfare	25160
training program or pursuant to a preplacement training program or	25161
continuing training program operated under section 5103.034 of the	25162
Revised Code. The payment shall be based on a per diem stipend	25163
rate established by the department of job and family services. The	25164
payment to foster caregivers stipend rate shall be the same	25165
regardless of the type of recommending agency from which a foster	25166
caregiver seeks a recommendation. The department shall pay a	25167
foster caregiver for attending preplacement training courses	25168
during the first month a foster child is placed in the foster	25169
caregiver's home, pursuant to rules adopted under section	25170
5103.0316 of the Revised Code, reimburse the recommending agency	25171
for stipend payments it makes in accordance with this section.	25172

Sec. 5103.0313.  The department of job and family services	25173
shall reimburse a the following for the cost of providing	25174
preplacement and continuing training to foster caregivers:	25175

(A) The Ohio child welfare training program;

25176

(B) A public children services agency, private child placing	25177
agency, or private noncustodial agency for the cost to the agency	25178
of providing training to a foster caregiver through a preplacement	25179
training program or continuing training program operated under	25180
section 5103.034 of the Revised Code. The	25181

The reimbursement shall be on a per diem basis and limited to	25182
the cost associated with the trainer, obtaining a site at which	25183
the training is provided, and the administration of the training.	25184
A reimbursement rate shall be the same regardless of whether the	25185
training program is operated by the Ohio child welfare training	25186
program or a public children services agency, private child	25187
placing agency, or private noncustodial agency.	25188

Sec. 5103.0316.  Not later than ninety days after the	25189
effective date of this section January 1, 2001, the department of	25190
job and family services shall adopt rules in accordance with	25191
Chapter 119. of the Revised Code as necessary for the efficient	25192
administration of sections 5103.031 to 5103.0316 of the Revised	25193
Code. The rules shall provide for all of the following:	25194

(A) For the purpose of section 5103.038 of the Revised Code,	25195
the date by which a public children services agency, private child	25196
placing agency, or private noncustodial agency that seeks to	25197
operate a preplacement training program or continuing training	25198
program under section 5103.034 of the Revised Code must submit to	25199
the department a proposal outlining the program;	25200

(B) Requirements governing the department's reimbursement of	25201
the Ohio child welfare training program and public children	25202
services agencies, private child placing agencies, and private	25203
noncustodial agencies under section sections 5103.0312 and	25204
5103.0313 of the Revised Code;	25205

(C) Any other matter the department considers appropriate.

25206

Sec. 5103.07.  The department of job and family services	25207
shall administer funds received under Title IV-B of the "Social	25208
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as amended,	25209
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4	25210
(1974), 42 U.S.C.A. 5101, as amended, and the "Family Violence	25211
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	25212
10401, as amended. In administering these funds, the department	25213
may establish a child welfare services program, and a child abuse	25214
and neglect prevention and adoption reform program, and a family	25215
violence prevention program. The department has all powers	25216
necessary for the adequate administration of these funds and	25217
programs. The director of job and family services may adopt	25218
internal management rules in accordance with section 111.15 of the	25219
Revised Code and issue appropriate orders as necessary for the	25220
adequate administration of these funds and programs to carry out	25221
the purposes of this section.	25222

Sec. 5107.02.  As used in this chapter:

25223

(A) "Adult" means an individual who is not a minor child.	25224

(B) "Assistance group" means a group of individuals treated	25225
as a unit for purposes of determining eligibility for and the	25226
amount of assistance provided under Ohio works first.	25227

(C) "Custodian" means an individual who has legal custody, as	25228
defined in section 2151.011 of the Revised Code, of a minor child	25229
or comparable status over a minor child created by a court of	25230
competent jurisdiction in another state.	25231

(D) "Guardian" means an individual that is granted authority	25232
by a probate court pursuant to Chapter 2111. of the Revised Code,	25233
or a court of competent jurisdiction in another state, to exercise	25234
parental rights over a minor child to the extent provided in the	25235
court's order and subject to residual parental rights of the minor	25236
child's parents.	25237

(E) "Minor child" means either of the following:

25238

(1) An individual who has not attained age eighteen;

25239

(2) An individual who has not attained age nineteen and is a	25240
full-time student in a secondary school or in the equivalent level	25241
of vocational or technical training.	25242

(F) "Minor head of household" means a minor child who is a	25243
either of the following:	25244

(1) At least six months pregnant and a member of an	25245
assistance group that does not include an adult;	25246

(2) A parent of a child included in the same assistance	25247
group that does not include an adult.	25248

(G) "Ohio works first" means the program established by this	25249
chapter known as temporary assistance for needy families in Title	25250
IV-A.	25251

(H) "Payment standard" means the amount specified in rules	25252
adopted under section 5107.05 of the Revised Code that is the	25253
maximum amount of cash assistance an assistance group may receive	25254
under Ohio works first from state and federal funds.	25255

(I) "Specified relative" means the following individuals who	25256
are age eighteen or older:	25257

(1) The following individuals related by blood or adoption:

25258

(a) Grandparents, including grandparents with the prefix	25259
"great," "great-great," or "great-great-great";	25260

(b) Siblings;

25261

(c) Aunts, uncles, nephews, and nieces, including such	25262
relatives with the prefix "great," "great-great," "grand," or	25263
"great-grand";	25264

(d) First cousins and first cousins once removed.

25265

(2) Stepparents and stepsiblings;

25266

(3) Spouses and former spouses of individuals named in	25267
division (I)(1) or (2) of this section.	25268

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	25269
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	25270
301, as amended.	25271

Sec. 5107.10.  (A) As used in this section:

25272

(1) "Countable income," "gross earned income," and "gross	25273
unearned income" have the meanings established in rules adopted	25274
under section 5107.05 of the Revised Code.	25275

(2) "Gross income" means gross earned income and gross	25276
unearned income.	25277

(3) "Strike" means continuous concerted action in failing to	25278
report to duty; willful absence from one's position; or stoppage	25279
of work in whole from the full, faithful, and proper performance	25280
of the duties of employment, for the purpose of inducing,	25281
influencing, or coercing a change in wages, hours, terms, and	25282
other conditions of employment. "Strike" does not include a	25283
stoppage of work by employees in good faith because of dangerous	25284
or unhealthful working conditions at the place of employment that	25285
are abnormal to the place of employment.	25286

(B) Under the Ohio works first program, an assistance group	25287
shall receive, except as otherwise provided by this chapter,	25288
time-limited cash assistance. In the case of an assistance group	25289
that includes a minor head of household or adult, assistance shall	25290
be provided in accordance with the self-sufficiency contract	25291
entered into under section 5107.14 of the Revised Code.	25292

(C) To be eligible to participate in Ohio works first, an	25293
assistance group must meet all of the following requirements:	25294

(1) The assistance group, except as provided in division (E)	25295
of this section, must include at least one of the following:	25296

(a) A minor child who, except as provided in section 5107.24	25297
of the Revised Code, resides with a parent, or specified relative	25298
caring for the child, or, to the extent permitted by Title IV-A	25299
and federal regulations adopted until Title IV-A, resides with a	25300
guardian or custodian caring for the child;	25301

(b) A parent residing with and caring for the parent's minor	25302
child who receives supplemental security income under Title XVI of	25303
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	25304
as amended, or federal, state, or local adoption assistance;	25305

(c) A specified relative residing with and caring for a	25306
minor child who is related to the specified relative in a manner	25307
that makes the specified relative a specified relative and	25308
receives supplemental security income or federal, state, or local	25309
foster care or adoption assistance;	25310

(d) A woman at least six months pregnant.

25311

(2) The assistance group must meet the income requirements	25312
established by division (D) of this section.	25313

(3) No member of the assistance group may be involved in a	25314
strike.	25315

(4) The assistance group must satisfy the requirements for	25316
Ohio works first established by this chapter and sections 5101.19,	25317
5101.58, 5101.59, and 5101.83 of the Revised Code.	25318

(5) The assistance group must meet requirements for Ohio	25319
works first established by rules adopted under section 5107.05 of	25320
the Revised Code.	25321

(D)(1) Except as provided in division (D)(3) of this	25322
section, to determine whether an assistance group is initially	25323
eligible to participate in Ohio works first, a county department	25324
of job and family services shall do the following:	25325

(a) Determine whether the assistance group's gross income	25326
exceeds the following amount:	25327

For each person in the assistance group that brings the	25344
assistance group to more than fifteen persons, add one hundred two	25345
dollars to the amount of gross income for an assistance group of	25346
fifteen specified in division (D)(1)(a) of this section.	25347

In making this determination, the county department shall	25348
disregard amounts that federal statutes or regulations and	25349
sections 5101.17 and 5117.10 of the Revised Code require be	25350
disregarded. The assistance group is ineligible to participate in	25351
Ohio works first if the assistance group's gross income, less the	25352
amounts disregarded, exceeds the amount specified in division	25353
(D)(1)(a) of this section.	25354

(b) If the assistance group's gross income, less the amounts	25355
disregarded pursuant to division (D)(1)(a) of this section, does	25356
not exceed the amount specified in that division, determine	25357
whether the assistance group's countable income is less than the	25358
payment standard. The assistance group is ineligible to	25359
participate in Ohio works first if the assistance group's	25360
countable income equals or exceeds the payment standard.	25361

(2) To determine whether an assistance group participating	25362
in Ohio works first continues to be eligible to participate, a	25363
county department of job and family services shall determine	25364
whether the assistance group's countable income continues to be	25365
less than the payment standard. In making this determination, the	25366
county department shall disregard the first two hundred fifty	25367
dollars and fifty per cent of the remainder of the assistance	25368
group's gross earned income. No amounts shall be disregarded from	25369
the assistance group's gross unearned income. The assistance	25370
group ceases to be eligible to participate in Ohio works first if	25371
its countable income, less the amounts disregarded, equals or	25372
exceeds the payment standard.	25373

(3) If an assistance group reapplies to participate in Ohio	25374
works first not more than four months after ceasing to	25375
participate, a county department of job and family services shall	25376
use the income requirement established by division (D)(2) of this	25377
section to determine eligibility for resumed participation rather	25378
than the income requirement established by division (D)(1) of this	25379
section.	25380

(E)(1) An assistance group may continue to participate in	25381
Ohio works first even though a public children services agency	25382
removes the assistance group's minor children from the assistance	25383
group's home due to abuse, neglect, or dependency if the agency	25384
does both of the following:	25385

(a) Notifies the county department of job and family	25386
services at the time the agency removes the children that it	25387
believes the children will be able to return to the assistance	25388
group within six months;	25389

(b) Informs the county department at the end of each of the	25390
first five months after the agency removes the children that the	25391
parent, guardian, custodian, or specified relative of the children	25392
is cooperating with the case plans prepared for the children under	25393
section 2151.412 of the Revised Code and that the agency is making	25394
reasonable efforts to return the children to the assistance group.	25395

(2) An assistance group may continue to participate in Ohio	25396
works first pursuant to division (E)(1) of this section for not	25397
more than six payment months. This division does not affect the	25398
eligibility of an assistance group that includes a woman at least	25399
six months pregnant.	25400

Sec. 5107.14.  An assistance group is ineligible to	25401
participate in Ohio works first unless the minor head of household	25402
or each adult member of the assistance group, not later than	25403
thirty days after applying for or undergoing a redetermination of	25404
eligibility for the program, enters into a written	25405
self-sufficiency contract with the county department of job and	25406
family services. The contract shall set forth the rights and	25407
responsibilities of the assistance group as applicants for and	25408
participants of the program, including work responsibilities	25409
established under sections 5107.40 to 5107.69 of the Revised Code	25410
and other requirements designed to assist the assistance group in	25411
achieving self sufficiency and personal responsibility. The	25412
county department shall provide without charge a copy of the	25413
contract to each assistance group member who signs it.	25414

Each self-sufficiency contract shall include, based on	25415
appraisals conducted under section 5107.41 of the Revised Code and	25416
assessments conducted under section 5107.70 of the Revised Code,	25417
the following:	25418

(A) The assistance group's plan, developed under section	25419
5107.41 of the Revised Code, to achieve the goal of self	25420
sufficiency and personal responsibility through unsubsidized	25421
employment within the time limit for participating in Ohio works	25422
first established by section 5107.18 of the Revised Code;	25423

(B) Work activities, developmental activities, and	25424
alternative work activities to which members of the assistance	25425
group are assigned under sections 5107.40 to 5107.69 of the	25426
Revised Code;	25427

(C) The responsibility of a caretaker member of the	25428
assistance group to cooperate in establishing a minor child's	25429
paternity and establishing, modifying, and enforcing a support	25430
order for the child in accordance with section 5107.22 of the	25431
Revised Code;	25432

(D) Other responsibilities that members of the assistance	25433
group must satisfy to participate in Ohio works first and the	25434
consequences for failure or refusal to satisfy the	25435
responsibilities;	25436

(E) An agreement that the assistance group will comply with	25437
the conditions of participating in Ohio works first established by	25438
this chapter and sections 5101.19, 5101.58, 5101.59, and 5101.83	25439
of the Revised Code;	25440

(F) Assistance and services the county department will	25441
provide to the assistance group;	25442

(G) Assistance and services the child support enforcement	25443
agency and public children services agency will provide to the	25444
assistance group pursuant to a plan of cooperation entered into	25445
under section 307.983 of the Revised Code;	25446

(H) Other provisions designed to assist the assistance group	25447
in achieving self sufficiency and personal responsibility;	25448

(I) Procedures for assessing whether responsibilities are	25449
being satisfied and whether the contract should be amended;	25450

(J) Procedures for amending the contract.

25451

Sec. 5107.18.  (A) Except as provided in divisions (B), (C),	25452
(D), and (E) of this section, an assistance group is ineligible to	25453
participate in Ohio works first if the assistance group includes	25454
an adult individual who has participated in the program for	25455
thirty-six months as any of the following: an adult head of	25456
household, minor head of household, or spouse of an adult head of	25457
household or minor head of household. The time limit applies	25458
regardless of whether the thirty-six months are consecutive.	25459

(B) An assistance group that has ceased to participate in	25460
Ohio works first pursuant to division (A) of this section for at	25461
least twenty-four months, whether consecutive or not, may reapply	25462
to participate in the program if good cause exists as determined	25463
by the county department of job and family services. Good cause	25464
may include losing employment, inability to find employment,	25465
divorce, domestic violence considerations, and unique personal	25466
circumstances. The assistance group must provide a county	25467
department of job and family services verification acceptable to	25468
the county department of whether any members of the assistance	25469
group had employment during the period the assistance group was	25470
not participating in Ohio works first and the amount and sources	25471
of the assistance group's income during that period. If a county	25472
department is satisfied that good cause exists for the assistance	25473
group to reapply to participate in Ohio works first, the	25474
assistance group may reapply. Except as provided in divisions	25475
(C), (D), and (E) of this section, the assistance group may not	25476
participate in Ohio works first for more than twenty-four	25477
additional months. The time limit applies regardless of whether	25478
the twenty-four months are consecutive.	25479

(C) In determining the number of months a parent or pregnant	25480
woman has received assistance under Title IV-A, a county	25481
department of job and family services shall disregard any month	25482
during which the parent or pregnant woman was a minor child but	25483
was neither a minor head of household nor married to the head of	25484
an assistance group.	25485

(D) In determining the number of months an adult has	25486
received assistance under Title IV-A, a county department of job	25487
and family services shall disregard any month during which the	25488
adult lived on an Indian reservation or in an Alaska native	25489
village, as those terms are used in 42 U.S.C.A. 608(a)(7)(D), if,	25490
during the month, at least one thousand individuals lived on the	25491
reservation or in the village and at least fifty per cent of the	25492
adults living on the reservation or in the village were	25493
unemployed.	25494

(E) A county department of job and family services may	25495
exempt not more than twenty per cent of the average monthly number	25496
of Ohio works first participants assistance groups from the time	25497
limit established by this section on the grounds that the county	25498
department determines that the time limit is a hardship. In the	25499
case of the time limit established by division (A) of this	25500
section, a county department may not exempt an assistance group	25501
until the group has exhausted its thirty-six months of cash	25502
assistance.	25503

(F) The department of job and family services shall	25504
continually monitor the percentage of the average monthly number	25505
of Ohio works first participants assistance groups in each county	25506
that is exempted under division (E) of this section from the time	25507
limit established by this section. On determining that the	25508
percentage in any county equals or exceeds eighteen per cent, the	25509
department shall immediately notify the county department of job	25510
and family services.	25511

(G) Only participation in Ohio works first on or after	25512
October 1, 1997, applies to the time limit established by this	25513
section. The time limit applies regardless of the source of	25514
funding for the program. Assistance under Title IV-A provided by	25515
any state applies to the time limit. The time limit is a lifetime	25516
limit. No assistance group shall receive assistance under the	25517
program in violation of the time limit for assistance under Title	25518
IV-A established by section 408(a)(7) of the "Social Security	25519
Act," as amended by the "Personal Responsibility and Work	25520
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	25521
U.S.C.A. 608 (a)(7).	25522

Sec. 5108.01.  As used in this chapter:

25523

(A) "Assistance group" means a group of individuals treated	25524
as a unit for purposes of determining eligibility for the	25525
prevention, retention, and contingency program.	25526

(B) "Minor child" means either of the following:

25527

(1) An individual who has not attained age eighteen;

25528

(2) An individual who has not attained age nineteen and is a	25529
full-time student in a secondary school or in the equivalent level	25530
of vocational or technical training.	25531

(C) "Prevention, retention, and contingency program" means	25532
the program established by this chapter and funded in part with	25533
federal funds provided under Title IV-A.	25534

(D)(C) "Title IV-A" means Title IV-A of the "Social Security	25535
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	25536

Sec. 5108.06.        Sec.  .        Sec. 5108.03.  Under the prevention, retention, and	25537
contingency program, an assistance group that includes at least	25538
one minor child or a pregnant woman and meets the program's	25539
eligibility requirements a county department of job and family	25540
services shall receive assistance or provide benefits and services	25541
needed that individuals need to overcome immediate barriers to	25542
achieving or maintaining self sufficiency and personal	25543
responsibility. A county department shall provide the benefits and	25544
services in accordance with either the model design for the	25545
program that the department of job and family services develops	25546
under section 5108.05 of the Revised Code or the county	25547
department's own policies for the program developed under section	25548
5108.06 of the Revised Code.	25549

Sec. 5108.07.        Sec.  .        Sec. 5108.05.  The department of job and family	25550
services shall develop a model design for the prevention,	25551
retention, and contingency program that county departments of job	25552
and family services may adopt under section 5108.08 5108.06 of the	25553
Revised Code. The model design must be consistent with Title IV-A,	25554
federal regulations, state law, the Title IV-A state plan	25555
submitted to the United States secretary of health and human	25556
services under section 5101.80 of the Revised Code, and amendments	25557
to the plan. No rules shall be adopted to develop the model	25558
design. The department shall provide each county department a	25559
written copy of the model design.	25560

Sec. 5108.08.        Sec.  .        Sec. 5108.06.  Each county department of job and	25561
family services shall either adopt the model design for the	25562
prevention, retention, and contingency program the department of	25563
job and family services develops under section 5108.07 5108.05 of	25564
the Revised Code or develop its own policies for the program. To	25565
develop its own policies, a county department shall adopt a	25566
written statement of the policies governing the program. The	25567
policies may be a modification of the model design, different from	25568
the model design, or a combination. The policies shall establish	25569
or specify eligibility requirements, assistance or services to be	25570
provided under the program, administrative requirements, and other	25571
matters the county department determines necessary. A county	25572
department may amend its statement of policies to modify,	25573
terminate, and establish new policies. The policies must be	25574
consistent with Title IV-A, federal regulations, state law, the	25575
Title IV-A state plan submitted to the United States secretary of	25576
health and human services under section 5101.80 of the Revised	25577
Code, and amendments to the plan.	25578

A county department of job and family services shall inform	25579
the department of job and family services of whether it has	25580
adopted the model design or developed its own policies for the	25581
prevention, retention, and contingency program. If a county	25582
department develops its own policies, it shall provide the	25583
department a written copy of the statement of policies and any	25584
amendments it adopts to the statement.	25585

Sec. 5108.07.  The model design for the prevention,	25586
retention, and contingency program that the department of job and	25587
family services develops under section 5108.05 of the Revised Code	25588
and policies for the program that a county department of job and	25589
family services may develop under section 5108.06 of the Revised	25590
Code shall establish or specify eligibility requirements for	25591
assistance groups that apply for the program under section 5108.10	25592
of the Revised Code, benefits and services to be provided under	25593
the program to assistance groups, administrative requirements, and	25594
other matters the department, in the case of the model design, or	25595
a county department, in the case of county policies, determine are	25596
necessary.	25597

The model design and a county department's policies may	25598
establish eligibility requirements for, and specify benefits and	25599
services to be provided to, types of groups, such as students in	25600
the same class, that share a common need for the benefits and	25601
services. If the model design or a county department's policies	25602
include such a provision, the model design or county department's	25603
policies shall require that each individual who is to receive the	25604
benefits and services meet the eligibility requirements	25605
established for the type of group of which the individual is a	25606
member. The model design or county department's policies also	25607
shall require that the county department providing the benefits	25608
and services certify the group's eligibility, specify the duration	25609
that the group is to receive the benefits and services, and	25610
maintain the eligibility information for each member of the group	25611
receiving the benefits and services.	25612

The model design and a county department's policies may	25613
specify benefits and services that a county department may provide	25614
for the general public, including billboards that promote the	25615
prevention, and reduction in the incidence, of out-of-wedlock	25616
pregnancies or encourage the formation and maintenance of	25617
two-parent families.	25618

The model design and a county department's policies must be	25619
consistent with Title IV-A, federal regulations, state law, the	25620
Title IV-A state plan submitted to the United States secretary of	25621
health and human services under section 5101.80 of the Revised	25622
Code, and amendments to the plan. All benefits and services to be	25623
provided under the model design or a county department's policies	25624
must be allowable uses of federal Title IV-A funds as specified in	25625
42 U.S.C.A. 604(a), except that they may not be "assistance" as	25626
defined in 45 C.F.R. 260.31(a). The benefits and services shall	25627
be benefits and services that 45 C.F.R. 260.31(b) excludes from	25628
the definition of assistance.	25629

Sec. 5108.08. Benefits and services provided under the	25630
prevention, retention, and contingency program are inalienable	25631
whether by way of assignment, charge, or otherwise and exempt from	25632
execution, attachment, garnishment, and other like process.	25633

Sec. 5108.09.  When a state hearing under division (B) of	25634
section 5101.35 of the Revised Code or an administrative appeal	25635
under division (C) of that section is held regarding the	25636
prevention, retention, and contingency program, the hearing	25637
officer, director of job and family services, or director's	25638
designee shall base the decision in the hearing or appeal on the	25639
following:	25640

(A) If the county department of job and family services	25641
involved in the hearing or appeal adopted the department of job	25642
and family services' model design for the program developed under	25643
section 5108.07 5108.05 of the Revised Code, the model design;	25644

(B) If the county department developed its own policies for	25645
the program, the county department's written statement of policies	25646
adopted under section 5108.08 5108.06 of the Revised Code and any	25647
amendments the county department adopted to the statement.	25648

Sec. 5108.10.  An assistance group seeking to participate in	25649
the prevention, retention, and contingency program shall apply to	25650
a county department of job and family services using an	25651
application containing information the county department requires.	25652

When a county department receives an application for	25653
participation in the prevention, retention, and contingency	25654
program, it shall promptly make an investigation and record of the	25655
circumstances of the applicant in order to ascertain the facts	25656
surrounding the application and to obtain such other information	25657
as may be required. On completion of the investigation, the	25658
county department shall determine whether the applicant is	25659
eligible to participate, the assistance benefits or services the	25660
applicant should receive, and the approximate date when	25661
participation is to begin.	25662

Sec. 5111.01.  As used in this chapter, "medical assistance	25663
program" or "medicaid" means the program that is authorized by	25664
this section chapter and provided by the department if of job and	25665
family services under this chapter, Title XIX of the "Social	25666
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	25667
1396, as amended, and the waivers of Title XIX requirements	25668
granted to the department by the health care financing	25669
administration of the United States department of health and human	25670
services.	25671

The department of job and family services shall act as the	25672
single state agency to supervise the administration of the	25673
medicaid program. As the single state agency, the department	25674
shall comply with 42 C.F.R. 431.10(e). The department's rules	25675
governing medicaid are binding on other agencies that administer	25676
components of the medicaid program. No agency may establish, by	25677
rule or otherwise, a policy governing medicaid that is	25678
inconsistent with a medicaid policy established, in rule or	25679
otherwise, by the director of job and family services.	25680

(A) The department of job and family services may provide	25681
medical assistance under the medicaid program as long as federal	25682
funds are provided for such assistance, to the following:	25683

(1) Families with children that meet either of the following	25684
conditions:	25685

(a) The family meets the income, resource, and family	25686
composition requirements in effect on July 16, 1996, for the	25687
former aid to dependent children program as those requirements	25688
were established by Chapter 5107. of the Revised Code, federal	25689
waivers granted pursuant to requests made under former section	25690
5101.09 of the Revised Code, and rules adopted by the department	25691
or any changes the department makes to those requirements in	25692
accordance with paragraph (a)(2) of section 114 of the "Personal	25693
Responsibility and Work Opportunity Reconciliation Act of 1996,"	25694
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	25695
implementing section 5111.019 of the Revised Code. An adult loses	25696
eligibility for medical assistance under division (A)(1)(a) of	25697
this section pursuant to division (E) of section 5107.16 of the	25698
Revised Code.	25699

(b) The family does not meet the requirements specified in	25700
division (A)(1)(a) of this section but is eligible for medical	25701
assistance pursuant to section 5101.18 of the Revised Code.	25702

(2) Aged, blind, and disabled persons who meet the following	25703
conditions:	25704

(a) Receive federal aid under Title XVI of the "Social	25705
Security Act," or are eligible for but are not receiving such aid,	25706
provided that the income from all other sources for individuals	25707
with independent living arrangements shall not exceed one hundred	25708
seventy-five dollars per month. The income standards hereby	25709
established shall be adjusted annually at the rate that is used by	25710
the United States department of health and human services to	25711
adjust the amounts payable under Title XVI.	25712

(b) Do not receive aid under Title XVI, but meet any of the	25713
following criteria:	25714

(i) Would be eligible to receive such aid, except that their	25715
income, other than that excluded from consideration as income	25716
under Title XVI, exceeds the maximum under division (A)(2)(a) of	25717
this section, and incurred expenses for medical care, as	25718
determined under federal regulations applicable to section 209(b)	25719
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	25720
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	25721
their income exceeds the maximum under division (A)(2)(a) of this	25722
section;	25723

(ii) Received aid for the aged, aid to the blind, or aid for	25724
the permanently and totally disabled prior to January 1, 1974, and	25725
continue to meet all the same eligibility requirements;	25726

(iii) Are eligible for medical assistance pursuant to	25727
section 5101.18 of the Revised Code.	25728

(3) Persons to whom federal law requires, as a condition of	25729
state participation in the medicaid program, that medical	25730
assistance be provided;	25731

(4) Persons under age twenty-one who meet the income	25732
requirements for the Ohio works first program established under	25733
Chapter 5107. of the Revised Code but do not meet other	25734
eligibility requirements for the program. The director shall	25735
adopt rules in accordance with Chapter 119. of the Revised Code	25736
specifying which Ohio works first requirements shall be waived for	25737
the purpose of providing medicaid eligibility under division	25738
(A)(4) of this section.	25739

(B) If funds are appropriated for such purpose by the	25740
general assembly, the department may provide medical assistance to	25741
persons in groups designated by federal law as groups to which a	25742
state, at its option, may provide medical assistance under the	25743
medicaid program.	25744

(C) The department may expand eligibility for medical	25745
assistance to include individuals under age nineteen with family	25746
incomes at or below one hundred fifty per cent of the federal	25747
poverty guidelines, except that the eligibility expansion shall	25748
not occur unless the department receives the approval of the	25749
federal government. The department may implement the eligibility	25750
expansion authorized under this division on any date selected by	25751
the department, but not sooner than January 1, 1998.	25752

(D) In addition to any other authority or requirement to	25753
adopt rules under this chapter, the director may adopt rules in	25754
accordance with section 111.15 of the Revised Code as the director	25755
considers necessary to establish standards, procedures, and other	25756
requirements regarding the provision of medical assistance. The	25757
rules may establish requirements to be followed in applying for	25758
medical assistance, making determinations of eligibility for	25759
medical assistance, and verifying eligibility for medical	25760
assistance. The rules may include special conditions as the	25761
department determines appropriate for making applications,	25762
determining eligibility, and verifying eligibility for any medical	25763
assistance that the department may provide pursuant to division	25764
(C) of this section and section 5111.014 or 5111.019 of the	25765
Revised Code.	25766

Sec. 5111.0110. (A) The director of job and family services	25767
shall submit to the United States secretary of health and human	25768
services an amendment to the state medicaid plan to implement the	25769
"Breast and Cervical Cancer Prevention and Treatment Act of 2000,"	25770
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical	25771
assistance to women who meet all of the following requirements:	25772

(1) Are under age sixty-five;

25773

(2) Are not otherwise eligible for medicaid;

25774

(3) Have been screened for breast and cervical cancer under	25775
the centers for disease control and prevention breast and cervical	25776
cancer early detection program established under 42 U.S.C.A. 300k	25777
in accordance with 42 U.S.C.A. 300n;	25778

(4) Need treatment for breast or cervical cancer;

25779

(5) Are not otherwise covered under creditable coverage, as	25780
defined in 42 U.S.C.A. 300gg(c).	25781

(B) If the United States secretary of health and human	25782
services approves the state medicaid plan amendment submitted	25783
under division (A) of this section, the director of job and family	25784
services shall implement the amendment. The medical assistance	25785
provided under the amendment shall be limited to medical	25786
assistance provided during the period in which a woman who meets	25787
the requirements of division (A) of this section requires	25788
treatment for breast or cervical cancer.	25789

Sec. 5111.041.  (A) As used in this section, "habilitation	25790
center" means a habilitation center certified under section	25791
5123.041 of the Revised Code by the director of mental retardation	25792
and developmental disabilities for the provision of to provide	25793
habilitation center services under this section.	25794

(B) Habilitation centers shall verify the availability of	25795
matching funds for Title XIX of the Social Security Act for	25796
reimbursement of habilitation services as defined in section	25797
5123.041 of the Revised Code and such matching funds shall be	25798
provided in accordance with 42 C.F.R. 433.45 To the extent	25799
provided in rules adopted under division (C) of this section, the	25800
medicaid program shall cover habilitation center services provided	25801
by a habilitation center.	25802

(C) The director of job and family services shall adopt	25803
rules in accordance with Chapter 119. of the Revised Code	25804
governing the medicaid program's coverage of habilitation services	25805
provided by habilitation centers. The rules shall establish or	25806
provide for all of the following:	25807

(1) The requirements a habilitation center must meet to	25808
obtain certification under section 5123.041 of the Revised Code;	25809

(2) Making habilitation center services provided by	25810
habilitation centers available to medicaid recipients with a	25811
medical need for the services;	25812

(3) The amount, duration, and scope of the medicaid	25813
program's coverage of the habilitation center services, including	25814
all of the following:	25815

(a) The conditions under which the medicaid program covers	25816
the habilitation center services;	25817

(b) The amount the medicaid program pays for the	25818
habilitation center services or the method by which the amount is	25819
determined;	25820

(c) The manner in which the medicaid program pays for the	25821
habilitation center services.	25822

(D) A county board of mental retardation and developmental	25823
disabilities that has local administrative authority under	25824
division (B) of section 5126.055 of the Revised Code for	25825
habilitation center services shall pay the nonfederal share of	25826
medicaid expenditures for the services if all of the following	25827
apply:	25828

(1) The habilitation center services are provided to a	25829
medicaid recipient who is a current resident of the county that	25830
the county board serves;	25831

(2) The county board has determined, under section 5126.041	25832
of the Revised Code, that the medicaid recipient is eligible for	25833
county board services;	25834

(3) The habilitation center services are provided by a	25835
habilitation center with a medicaid provider agreement and the	25836
habilitation center meets either of the following requirements:	25837

(a) Is operated by the county board;

25838

(b) Has contracted with the county board or the department	25839
of mental retardation and developmental disabilities to provide	25840
the habilitation center services.	25841

(4) No school district is required to pay the nonfederal	25842
share under division (E) of this section.	25843

(E) A school district shall pay the nonfederal share of	25844
medicaid expenditures for habilitation center services if all of	25845
the following apply:	25846

(1) The habilitation center services are provided to a	25847
medicaid recipient who is a student enrolled in a school of the	25848
district;	25849

(2) The habilitation center services are included in the	25850
student's individualized education program provided under section	25851
3323.08 of the Revised Code;	25852

(3) The habilitation center services are provided by a	25853
habilitation center with a medicaid provider agreement and the	25854
habilitation center meets either of the following requirements:	25855

(a) Is operated by the school district;

25856

(b) Has contracted with the school district to provide the	25857
habilitation center services.	25858

(F) The departments of mental retardation and developmental	25859
disabilities and job and family services may approve, reduce,	25860
deny, or terminate a service included in the individualized	25861
service plan developed for a medicaid recipient eligible for	25862
habilitation center services. The departments shall consider the	25863
recommendations a county board of mental retardation and	25864
developmental disabilities makes under division (B)(1) of section	25865
5126.055 of the Revised Code. If either department reduces,	25866
denies, or terminates a service, that department shall timely	25867
notify the medicaid recipient that the recipient may request a	25868
hearing under section 5101.35 of the Revised Code.	25869

Sec. 5111.042. The departments of mental retardation and	25870
developmental disabilities and job and family services may	25871
approve, reduce, deny, or terminate a service included in the	25872
individualized service plan developed for a medicaid recipient	25873
with mental retardation or other developmental disability who is	25874
eligible for medicaid case management services. The departments	25875
shall consider the recommendations a county board of mental	25876
retardation and developmental disabilities makes under division	25877
(B)(1) of section 5126.055 of the Revised Code. If either	25878
department reduces, denies, or terminates a service, that	25879
department shall timely notify the medicaid recipient that the	25880
recipient may request a hearing under section 5101.35 of the	25881
Revised Code.	25882

Sec. 5111.081. The prescription drug rebates fund is hereby	25883
created in the state treasury. All rebates paid by drug	25884
manufacturers to the department of job and family services in	25885
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8	25886
shall be credited to the fund. The department of job and family	25887
services shall use money credited to the fund to pay for medicaid	25888
services and contracts.	25889

Sec. 5111.17.  (A) As used in this section, "community-based	25890
clinic" means a clinic that provides prenatal, family planning,	25891
well child, or primary care services and is funded in whole or in	25892
part by the state or federal government.	25893

(B) On receipt of a waiver from the United States department	25894
of health and human services of any federal requirement that would	25895
otherwise be violated, the department of job and family services	25896
shall may establish in Franklin, Hamilton, and Lucas some or all	25897
counties a managed care system under which designated recipients	25898
of medical assistance are required to obtain medical health care	25899
services from providers designated by the department. The	25900
department may stagger implementation of the managed care system,	25901
but the system shall be implemented in at least one county not	25902
later than January 1, 1995, and in all three counties not later	25903
than July 1, 1996.	25904

(C)(B) The department, by rule adopted under this section,	25905
may require any recipients in any other county to receive all or	25906
some of their care through managed care organizations that	25907
contract with the department and are paid by the department	25908
pursuant to a capitation or other risk-based methodology	25909
prescribed in the rules, and to receive their care only from	25910
providers designated by the organizations may enter into contracts	25911
with managed care organizations to authorize the organizations to	25912
provide health care services to medical assistance recipients	25913
participating in a managed care system established under this	25914
section.	25915

(D) In accordance with rules adopted under division (G) of	25916
this section, the department may issue requests for proposals from	25917
managed care organizations interested in contracting with the	25918
department to provide managed care to participating medical	25919
assistance recipients.	25920

(E) A health insuring corporation under contract with the	25921
department under this section may enter into an agreement with any	25922
community-based clinic for the provision of medical services to	25923
medical assistance recipients participating in the managed care	25924
system if the clinic is willing to accept the terms, conditions,	25925
and payment procedures established by the health insuring	25926
corporation.	25927

(F)(C) For the purpose of determining the amount the	25928
department pays hospitals under section 5112.08 of the Revised	25929
Code and the amount of disproportionate share hospital payments	25930
paid by the medicare program established under Title XVIII of the	25931
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	25932
amended, each managed care organization under contract with the	25933
department to provide managed health care services to	25934
participating medical assistance recipients shall keep detailed	25935
records for each hospital with which it contracts about the cost	25936
to the hospital of providing the care, payments made by the	25937
organization to the hospital for the care, utilization of hospital	25938
services by medical assistance recipients participating in managed	25939
care, and other utilization data required by the department.	25940

(G)(D) The director of job and family services shall may	25941
adopt rules in accordance with Chapter 119. of the Revised Code to	25942
implement this section.	25943

Sec. 5111.171. (A) The department of job and family services	25944
may provide financial incentive awards to managed care	25945
organizations that contract with the department under section	25946
5111.17 of the Revised Code to provide health care services to	25947
participating medical assistance recipients and that meet or	25948
exceed performance standards specified in provider agreements or	25949
rules adopted by the department. The department may specify in a	25950
contract with a managed care organization the amounts of financial	25951
incentive awards, methodology for distributing awards, types of	25952
awards, and standards for administration by the department.	25953

(B) There is hereby created in the state treasury the health	25954
care compliance fund. The fund shall consist of all fines imposed	25955
on and collected from managed care organizations for failure to	25956
meet performance standards or other requirements specified in	25957
state law, provider agreements, or rules adopted by the	25958
department. All investment earnings of the fund shall be credited	25959
to the fund. Moneys credited to the fund shall be used solely for	25960
the following purposes:	25961

(1) To reimburse managed care organizations that have paid	25962
fines for failures to meet performance standards or other	25963
requirements and that have come into compliance by meeting	25964
requirements as specified by the department;	25965

(2) To provide financial incentive awards established	25966
pursuant to division (A) of this section and specified in	25967
contracts between managed care organizations and the department.	25968

Sec. 5111.20.  As used in sections 5111.20 to 5111.32	25969
5111.3415 of the Revised Code:	25970

(A) "Allowable costs" are those costs determined by the	25971
department of job and family services to be reasonable and do not	25972
include fines paid under sections 5111.35 to 5111.61 and section	25973
5111.99 of the Revised Code.	25974

(B) "Capital costs" means costs of ownership and nonextensive	25975
renovation.	25976

(1) "Cost of ownership" means the actual expense incurred for	25977
all of the following:	25978

(a) Depreciation and interest on any capital assets that	25979
cost five hundred dollars or more per item, including the	25980
following:	25981

(i) Buildings;

25982

(ii) Building improvements that are not approved as	25983
nonextensive renovations under section 5111.25 or 5111.251 of the	25984
Revised Code;	25985

(iii) Equipment;

25986

(iv) Extensive renovations;

25987

(v) Transportation equipment.

25988

(b) Amortization and interest on land improvements and	25989
leasehold improvements;	25990

(c) Amortization of financing costs;

25991

(d) Except as provided in division (I)(M) of this section,	25992
lease and rent of land, building, and equipment.	25993

The costs of capital assets of less than five hundred dollars	25994
per item may be considered costs of ownership in accordance with a	25995
provider's practice.	25996

(2) "Costs of nonextensive renovation" means the actual	25997
expense incurred for depreciation or amortization and interest on	25998
renovations that are not extensive renovations.	25999

(C) "Capital lease" and "operating lease" shall be construed	26000
in accordance with generally accepted accounting principles.	26001

(D) "Case-mix score" means the measure determined under	26002
section 5111.231 of the Revised Code of the relative direct-care	26003
resources needed to provide care and habilitation to a resident of	26004
a nursing facility or intermediate care facility for the mentally	26005
retarded.	26006

(E)(1) "Change of operator" means an entering operator	26007
becoming the operator of a nursing facility or intermediate care	26008
facility for the mentally retarded in the place of the exiting	26009
operator. Actions that constitute a change of operator include,	26010
but are not limited to, the following:	26011

(a) Changing an operator's form of legal organization,	26012
including forming a partnership or corporation from a sole	26013
proprietorship;	26014

(b) Transferring ownership of the operator to another	26015
entity, regardless of whether ownership of all of the real	26016
property or personal property associated with the nursing facility	26017
or intermediate care facility for the mentally retarded is also	26018
transferred;	26019

(c) Leasing the operation of a nursing facility or	26020
intermediate care facility for the mentally retarded to a new	26021
operator or terminating an existing operator's lease;	26022

(d) If the operator is a partnership, dissolution of the	26023
partnership;	26024

(e) If the operator is a partnership, changing the	26025
composition of the partnership unless both of the following apply:	26026

(i) The change in composition does not cause the	26027
partnership's dissolution under state law.	26028

(ii) The partners agree that the change in composition does	26029
not constitute a change in operator.	26030

(f) If the operator is a corporation, dissolution of the	26031
corporation, merging the corporation with another corporation that	26032
is the survivor of the merger, or consolidating with one or more	26033
other corporations to form a new corporation.	26034

(2) The following actions, alone, do not constitute a	26035
change of operator:	26036

(a) An entity contracting with the operator to manage the	26037
nursing facility or intermediate care facility for the mentally	26038
retarded as the operator's agent, subject to the operator's	26039
approval of daily operating and management decisions;	26040

(b) The changing of ownership, leasing, or termination of a	26041
lease of real property or personal property associated with a	26042
nursing facility or intermediate care facility for the mentally	26043
retarded that does not result in an operator entering into a	26044
provider agreement;	26045

(c) If the operator is a corporation, the changing of one	26046
or more members of the corporation's governing body, or transfer	26047
of ownership of one or more shares of the corporation's stock, if	26048
the same corporation continues to be the operator of the nursing	26049
facility or intermediate care facility for the mentally retarded.	26050

(F) "Date of licensure," for a facility originally licensed	26051
as a nursing home under Chapter 3721. of the Revised Code, means	26052
the date specific beds were originally licensed as nursing home	26053
beds under that chapter, regardless of whether they were	26054
subsequently licensed as residential facility beds under section	26055
5123.19 of the Revised Code. For a facility originally licensed	26056
as a residential facility under section 5123.19 of the Revised	26057
Code, "date of licensure" means the date specific beds were	26058
originally licensed as residential facility beds under that	26059
section.	26060

(1) If nursing home beds licensed under Chapter 3721. of the	26061
Revised Code or residential facility beds licensed under section	26062
5123.19 of the Revised Code were not required by law to be	26063
licensed when they were originally used to provide nursing home or	26064
residential facility services, "date of licensure" means the date	26065
the beds first were used to provide nursing home or residential	26066
facility services, regardless of the date the present provider	26067
obtained licensure.	26068

(2) If a facility adds nursing home beds or residential	26069
facility beds or extensively renovates all or part of the facility	26070
after its original date of licensure, it will have a different	26071
date of licensure for the additional beds or extensively renovated	26072
portion of the facility, unless the beds are added in a space that	26073
was constructed at the same time as the previously licensed beds	26074
but was not licensed under Chapter 3721. or section 5123.19 of the	26075
Revised Code at that time.	26076

(F)(G) "Desk-reviewed" means that costs as reported on a cost	26077
report submitted under section 5111.26 of the Revised Code have	26078
been subjected to a desk review under division (A) of section	26079
5111.27 of the Revised Code and preliminarily determined to be	26080
allowable costs.	26081

(G)(H) "Direct care costs" means all of the following:

26082

(1)(a) Costs for registered nurses, licensed practical	26083
nurses, and nurse aides employed by the facility;	26084

(b) Costs for direct care staff, administrative nursing	26085
staff, medical directors, social services staff, activities staff,	26086
psychologists and psychology assistants, social workers and	26087
counselors, habilitation staff, qualified mental retardation	26088
professionals, program directors, respiratory therapists,	26089
habilitation supervisors, and except as provided in division	26090
(G)(H)(2) of this section, other persons holding degrees	26091
qualifying them to provide therapy;	26092

(c) Costs of purchased nursing services;

26093

(d) Costs of quality assurance;

26094

(e) Costs of training and staff development, employee	26095
benefits, payroll taxes, and workers' compensation premiums or	26096
costs for self-insurance claims and related costs as specified in	26097
rules adopted by the director of job and family services in	26098
accordance with Chapter 119. of the Revised Code, for personnel	26099
listed in divisions (G)(H)(1)(a), (b), and (d) of this section;	26100

(f) Costs of consulting and management fees related to	26101
direct care;	26102

(g) Allocated direct care home office costs.

26103

(2) In addition to the costs specified in division (G)(H)(1)	26104
of this section, for intermediate care facilities for the mentally	26105
retarded only, direct care costs include both of the following:	26106

(a) Costs for physical therapists and physical therapy	26107
assistants, occupational therapists and occupational therapy	26108
assistants, speech therapists, and audiologists;	26109

(b) Costs of training and staff development, employee	26110
benefits, payroll taxes, and workers' compensation premiums or	26111
costs for self-insurance claims and related costs as specified in	26112
rules adopted by the director of job and family services in	26113
accordance with Chapter 119. of the Revised Code, for personnel	26114
listed in division (G)(H)(2)(a) of this section.	26115

(3) Costs of other direct-care resources that are specified	26116
as direct care costs in rules adopted by the director of job and	26117
family services in accordance with Chapter 119. of the Revised	26118
Code.	26119

(H)(I) "Entering operator" means the person or government	26120
entity that will become the operator of a nursing facility or	26121
intermediate care facility for the mentally retarded when a change	26122
of operator occurs.	26123

(J) "Exiting operator" means the person or government entity	26124
that will cease to be the operator of a nursing facility or	26125
intermediate care facility for the mentally retarded when a change	26126
of operator or facility closure occurs.	26127

(K) "Facility closure" means actions resulting in the	26128
relocation of all residents of a nursing facility or intermediate	26129
care facility for the mentally retarded and discontinuance of the	26130
use of the building, or part of the building, that houses the	26131
facility as a nursing facility or intermediate care facility for	26132
the mentally retarded. A facility closure occurs regardless of	26133
whether one or more of the residents are relocated to another of	26134
the operator's nursing facilities or intermediate care facilities	26135
for the mentally retarded. A facility closure also occurs	26136
regardless of whether or when the department of health terminates	26137
the facility's certification under Title XIX of the "Social	26138
Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.	26139

(L) "Fiscal year" means the fiscal year of this state, as	26140
specified in section 9.34 of the Revised Code.	26141

(I)(M) "Indirect care costs" means all reasonable costs other	26142
than direct care costs, other protected costs, or capital costs.	26143
"Indirect care costs" includes but is not limited to costs of	26144
habilitation supplies, pharmacy consultants, medical and	26145
habilitation records, program supplies, incontinence supplies,	26146
food, enterals, dietary supplies and personnel, laundry,	26147
housekeeping, security, administration, liability insurance,	26148
bookkeeping, purchasing department, human resources,	26149
communications, travel, dues, license fees, subscriptions, home	26150
office costs not otherwise allocated, legal services, accounting	26151
services, minor equipment, maintenance and repairs, help-wanted	26152
advertising, informational advertising, start-up costs,	26153
organizational expenses, other interest, property insurance,	26154
employee training and staff development, employee benefits,	26155
payroll taxes, and workers' compensation premiums or costs for	26156
self-insurance claims and related costs as specified in rules	26157
adopted by the director of job and family services in accordance	26158
with Chapter 119. of the Revised Code, for personnel listed in	26159
this division. Notwithstanding division (B)(1) of this section,	26160
"indirect care costs" also means the cost of equipment, including	26161
vehicles, acquired by operating lease executed before December 1,	26162
1992, if the costs are reported as administrative and general	26163
costs on the facility's cost report for the cost reporting period	26164
ending December 31, 1992.	26165

(J)(N) "Inpatient days" means all days during which a	26166
resident, regardless of payment source, occupies a bed in a	26167
nursing facility or intermediate care facility for the mentally	26168
retarded that is included in the facility's certified capacity	26169
under Title XIX of the "Social Security Act," 49 Stat. 610 (1935),	26170
42 U.S.C.A. 301, as amended. Therapeutic or hospital leave days	26171
for which payment is made under section 5111.33 of the Revised	26172
Code are considered inpatient days proportionate to the percentage	26173
of the facility's per resident per day rate paid for those days.	26174

(K)(O) "Intermediate care facility for the mentally retarded"	26175
means an intermediate care facility for the mentally retarded	26176
certified as in compliance with applicable standards for the	26177
medical assistance program by the director of health in accordance	26178
with Title XIX of the "Social Security Act."	26179

(L)(P)(1) "Licensed bed days available" means the number of	26180
calendar days in a cost reporting period multiplied by the number	26181
of licensed beds in a nursing facility during the cost reporting	26182
period. If the number of licensed beds in a nursing facility	26183
changes one or more times during a cost reporting period,	26184
"licensed bed days available" shall be determined for each period	26185
during the cost reporting period in which the number of licensed	26186
beds was the same. The "licensed bed days available" for the cost	26187
reporting period is the sum of those determinations.	26188

(2) If a nursing facility is not required to be licensed,	26189
the number of medicaid certified beds shall substitute for the	26190
number of licensed beds when calculating "licensed bed days	26191
available."	26192

(Q) "Maintenance and repair expenses" means, except as	26193
provided in division (X)(DD)(2) of this section, expenditures that	26194
are necessary and proper to maintain an asset in a normally	26195
efficient working condition and that do not extend the useful life	26196
of the asset two years or more. "Maintenance and repair expenses"	26197
includes but is not limited to the cost of ordinary repairs such	26198
as painting and wallpapering.	26199

(M)(R) "Nursing facility" means a facility, or a distinct	26200
part of a facility, that is certified as a nursing facility by the	26201
director of health in accordance with Title XIX of the "Social	26202
Security Act," and is not an intermediate care facility for the	26203
mentally retarded. "Nursing facility" includes a facility, or a	26204
distinct part of a facility, that is certified as a nursing	26205
facility by the director of health in accordance with Title XIX of	26206
the "Social Security Act," and is certified as a skilled nursing	26207
facility by the director in accordance with Title XVIII of the	26208
"Social Security Act."	26209

(N)(S) "Operator" means the person or government entity	26210
responsible for the daily operating and management decisions for a	26211
nursing facility or intermediate care facility for the mentally	26212
retarded.	26213

(T) "Other protected costs" means costs for medical supplies;	26214
real estate, franchise, and property taxes; natural gas, fuel oil,	26215
water, electricity, sewage, and refuse and hazardous medical waste	26216
collection; allocated other protected home office costs; and any	26217
additional costs defined as other protected costs in rules adopted	26218
by the director of job and family services in accordance with	26219
Chapter 119. of the Revised Code.	26220

(O)(U) "Owner" means any person or government entity that has	26221
at least five per cent ownership or interest, either directly,	26222
indirectly, or in any combination, in a nursing facility or	26223
intermediate care facility for the mentally retarded.	26224

(P)(V) "Patient" includes "resident."

26225

(Q)(W) Except as provided in divisions (Q)(W)(1) and (2) to	26226
(5) of this section, "per diem" means a nursing facility's or	26227
intermediate care facility for the mentally retarded's actual,	26228
allowable costs in a given cost center in a cost reporting period,	26229
divided by the facility's inpatient days for that cost reporting	26230
period.	26231

(1) When calculating indirect care costs for the purpose of	26232
establishing rates under section 5111.24 of the Revised Code for	26233
nursing facility services provided on or after July 1, 2001, "per	26234
diem" means a nursing facility's actual, allowable indirect care	26235
costs in a cost reporting period divided by the facility's	26236
licensed bed days available in that cost reporting period.	26237

(2) When calculating indirect care costs for the purpose of	26238
establishing rates under section 5111.24 or 5111.241 of the	26239
Revised Code for intermediate care facility services for the	26240
mentally retarded, "per diem" means a facility's an intermediate	26241
care facility for the mentally retarded's actual, allowable	26242
indirect care costs in a cost reporting period divided by the	26243
greater of the facility's inpatient days for that period or the	26244
number of inpatient days the facility would have had during that	26245
period if its occupancy rate had been eighty-five per cent.	26246

(2)(3) When calculating capital costs for the purpose of	26247
establishing rates under section 5111.25 of the Revised Code for	26248
nursing facility services provided on or after July 1, 2001, "per	26249
diem" means a nursing facility's actual, allowable capital costs	26250
in a cost reporting period divided by the facility's licensed bed	26251
days available in that cost reporting period.	26252

(4) When calculating capital costs for the purpose of	26253
establishing rates under section 5111.25 or 5111.251 of the	26254
Revised Code for intermediate care facility services for the	26255
mentally retarded, "per diem" means a facility's an intermediate	26256
care facility for the mentally retarded's actual, allowable	26257
capital costs in a cost reporting period divided by the greater of	26258
the facility's inpatient days for that period or the number of	26259
inpatient days the facility would have had during that period if	26260
its occupancy rate had been ninety-five per cent.	26261

(R)(5) When calculating other protected costs for the	26262
purpose of establishing rates under section 5111.235 of the	26263
Revised Code for nursing facility services provided on or after	26264
July 1, 2001, "per diem" means a nursing facility's actual,	26265
allowable other protected costs in a cost reporting period divided	26266
by the facility's licensed bed days available in that cost	26267
reporting period.	26268

(X) "Provider" means a person or government entity that	26269
operates a nursing facility or intermediate care facility for the	26270
mentally retarded under an operator that holds a provider	26271
agreement.	26272

(S)(Y) "Provider agreement" means a contract between the	26273
department of job and family services and a nursing facility or	26274
intermediate care facility for the mentally retarded provider for	26275
the provision of nursing facility services or intermediate care	26276
facility services for the mentally retarded under the medical	26277
assistance program.	26278

(T)(Z) "Purchased nursing services" means services that are	26279
provided in a nursing facility by registered nurses, licensed	26280
practical nurses, or nurse aides who are not employees of the	26281
facility.	26282

(U)(AA) "Reasonable" means that a cost is an actual cost that	26283
is appropriate and helpful to develop and maintain the operation	26284
of patient care facilities and activities, including normal	26285
standby costs, and that does not exceed what a prudent buyer pays	26286
for a given item or services. Reasonable costs may vary from	26287
provider to provider and from time to time for the same provider.	26288

(V)(BB) "Related party" means an individual or organization	26289
that, to a significant extent, has common ownership with, is	26290
associated or affiliated with, has control of, or is controlled	26291
by, the provider.	26292

(1) An individual who is a relative of an owner is a related	26293
party.	26294

(2) Common ownership exists when an individual or	26295
individuals possess significant ownership or equity in both the	26296
provider and the other organization. Significant ownership or	26297
equity exists when an individual or individuals possess five per	26298
cent ownership or equity in both the provider and a supplier.	26299
Significant ownership or equity is presumed to exist when an	26300
individual or individuals possess ten per cent ownership or equity	26301
in both the provider and another organization from which the	26302
provider purchases or leases real property.	26303

(3) Control exists when an individual or organization has	26304
the power, directly or indirectly, to significantly influence or	26305
direct the actions or policies of an organization.	26306

(4) An individual or organization that supplies goods or	26307
services to a provider shall not be considered a related party if	26308
all of the following conditions are met:	26309

(a) The supplier is a separate bona fide organization.

26310

(b) A substantial part of the supplier's business activity	26311
of the type carried on with the provider is transacted with others	26312
than the provider and there is an open, competitive market for the	26313
types of goods or services the supplier furnishes.	26314

(c) The types of goods or services are commonly obtained by	26315
other nursing facilities or intermediate care facilities for the	26316
mentally retarded from outside organizations and are not a basic	26317
element of patient care ordinarily furnished directly to patients	26318
by the facilities.	26319

(d) The charge to the provider is in line with the charge	26320
for the goods or services in the open market and no more than the	26321
charge made under comparable circumstances to others by the	26322
supplier.	26323

(W)(CC) "Relative of owner" means an individual who is	26324
related to an owner of a nursing facility or intermediate care	26325
facility for the mentally retarded by one of the following	26326
relationships:	26327

(1) Spouse;

26328

(2) Natural parent, child, or sibling;

26329

(3) Adopted parent, child, or sibling;

26330

(4) Step-parent, step-child, step-brother, or step-sister;

26331

(5) Father-in-law, mother-in-law, son-in-law,	26332
daughter-in-law, brother-in-law, or sister-in-law;	26333

(6) Grandparent or grandchild;

26334

(7) Foster caregiver, foster child, foster brother, or	26335
foster sister.	26336

(X)(DD) "Renovation" and "extensive renovation" mean:

26337

(1) Any betterment, improvement, or restoration of a nursing	26338
facility or intermediate care facility for the mentally retarded	26339
started before July 1, 1993, that meets the definition of a	26340
renovation or extensive renovation established in rules adopted by	26341
the director of job and family services in effect on December 22,	26342
1992.	26343

(2) In the case of betterments, improvements, and	26344
restorations of nursing facilities and intermediate care	26345
facilities for the mentally retarded started on or after July 1,	26346
1993:	26347

(a) "Renovation" means the betterment, improvement, or	26348
restoration of a nursing facility or intermediate care facility	26349
for the mentally retarded beyond its current functional capacity	26350
through a structural change that costs at least five hundred	26351
dollars per bed. A renovation may include betterment,	26352
improvement, restoration, or replacement of assets that are	26353
affixed to the building and have a useful life of at least five	26354
years. A renovation may include costs that otherwise would be	26355
considered maintenance and repair expenses if they are an integral	26356
part of the structural change that makes up the renovation	26357
project. "Renovation" does not mean construction of additional	26358
space for beds that will be added to a facility's licensed or	26359
certified capacity.	26360

(b) "Extensive renovation" means a renovation that costs more	26361
than sixty-five per cent and no more than eighty-five per cent of	26362
the cost of constructing a new bed and that extends the useful	26363
life of the assets for at least ten years.	26364

For the purposes of division (X)(DD)(2) of this section, the	26365
cost of constructing a new bed shall be considered to be forty	26366
thousand dollars, adjusted for the estimated rate of inflation	26367
from January 1, 1993, to the end of the calendar year during which	26368
the renovation is completed, using the consumer price index for	26369
shelter costs for all urban consumers for the north central	26370
region, as published by the United States bureau of labor	26371
statistics.	26372

The department of job and family services may treat a	26373
renovation that costs more than eighty-five per cent of the cost	26374
of constructing new beds as an extensive renovation if the	26375
department determines that the renovation is more prudent than	26376
construction of new beds.	26377

Sec. 5111.34.        Sec.  .        Sec. 5111.206.  There is hereby created the medicaid	26378
long-term care reimbursement study council consisting of the	26379
following twenty-two members:	26380

(A) The director of job and family services;

26381

(B) An employee assigned to the office of medicaid of the	26382
department of job and family services, appointed by the director	26383
of job and family services;	26384

(C) The director of health;

26385

(D) The director of aging;

26386

(E) The director of mental retardation and developmental	26387
disabilities;	26388

(F) The director of budget and management;

26389

(G) The legislative budget officer;

26390

(H) Two members of the house of representatives, appointed	26391
by the speaker of the house of representatives;	26392

(I) Two members of the senate, appointed by the president of	26393
the senate;	26394

(J) Three representatives of the public, one appointed by	26395
the governor, one appointed by the speaker of the house of	26396
representatives, and one appointed by the president of the senate;	26397

(K) Two representatives of each of the following	26398
organizations, appointed by their respective governing bodies:	26399

(1) The Ohio academy of nursing homes;

26400

(2) The association of Ohio philanthropic homes and housing	26401
for the aging;	26402

(3) The Ohio health care association;

26403

(4) The Ohio private residential association.

26404

Initial appointments of members described in divisions (B),	26405
(H), (I), (J), and (K) of this section shall be made no later than	26406
thirty days after December 22, 1992. Vacancies in any of those	26407
appointments shall be filled in the same manner as original	26408
appointments. The members described in division (J) of this	26409
section each shall serve a term of two years and may be	26410
reappointed. The members described in divisions (B), (H), (I),	26411
and (K) of this section shall serve at the pleasure of the	26412
official or governing body appointing the member. The members	26413
described in divisions (A), (C), (D), (E), (F), and (G) of this	26414
section shall serve for as long as they hold the position that	26415
qualifies them for membership on the council. The speaker of the	26416
house of representatives and the president of the senate jointly	26417
shall appoint the chairperson of the council. Members of the	26418
council shall serve without compensation.	26419

The council shall review, on an ongoing basis, the system	26420
established by sections 5111.20 to 5111.32 of the Revised Code for	26421
reimbursing nursing facilities and intermediate care facilities	26422
for the mentally retarded under the medical assistance program.	26423
The council shall recommend any changes it determines are	26424
necessary. The council periodically shall report its activities,	26425
findings, and recommendations to the governor, the speaker of the	26426
house of representatives, and the president of the senate.	26427

Sec. 5111.22.  A provider agreement between the department of	26428
job and family services and a nursing facility or intermediate	26429
care facility for the mentally retarded shall contain the	26430
following provisions:	26431

(A) The department agrees to:

26432

(1) Make payments to the nursing facility or intermediate	26433
care facility for the mentally retarded for patients eligible for	26434
services under the medical assistance program as provided in	26435
sections 5111.20 to 5111.32 of the Revised Code. Payments shall be	26436
made no later than the fifteenth day of the month following a	26437
month in which care and services are provided to recipients of	26438
medical assistance. Such payments shall be retroactive to the	26439
first day of the month in which an application for benefits is	26440
made or the day a recipient of medical assistance is admitted to	26441
the facility. In the case of newly admitted recipients of medical	26442
assistance, the first payment shall be made no later than sixty	26443
days following the date of authorized admission. No payment shall	26444
be made for the day a recipient is discharged from the facility.	26445

(2) Provide copies of rules governing the facility's	26446
participation as a provider in the medical assistance program.	26447
Whenever the director of job and family services files a proposed	26448
rule or proposed rule in revised form under division (D) of	26449
section 111.15 or division (B) of section 119.03 of the Revised	26450
Code, the department shall provide the facility with one copy of	26451
such rule. In the case of a rescission or proposed rescission of	26452
a rule, the department may provide the rule number and title	26453
instead of the rules rescinded or proposed to be rescinded.	26454

(B) The provider agrees to:

26455

(1) Maintain eligibility as provided in section 5111.21 of	26456
the Revised Code;	26457

(2) Keep records relating to a cost reporting period for the	26458
greater of seven years after the cost report is filed or, if the	26459
department issues an audit report in accordance with division (B)	26460
of section 5111.27 of the Revised Code, six years after all appeal	26461
rights relating to the audit report are exhausted;	26462

(3) File reports as required by the department;

26463

(4) Open all records relating to the costs of its services	26464
for inspection and audit by the department;	26465

(5) Open its premises for inspection by the department, the	26466
department of health, and any other state or local authority	26467
having authority to inspect;	26468

(6) Supply to the department such information as it requires	26469
concerning the facility's services to patients who are or are	26470
eligible to be medicaid recipients;	26471

(7) Comply with section 5111.31 of the Revised Code.

26472

The provider agreement may contain other provisions that are	26473
consistent with law and considered necessary by the department.	26474

A provider agreement shall be effective for no longer than	26475
twelve months, except that if federal statute or regulations	26476
authorize a longer term, it may be effective for a longer term so	26477
authorized. A provider agreement may be renewed only if the	26478
facility is certified by the department of health for	26479
participation in the medicaid program.	26480

The department of job and family services, in accordance with	26481
rules adopted by the director pursuant to Chapter 119. of the	26482
Revised Code, may elect not to enter into, not to renew, or to	26483
terminate a provider agreement when the department determines that	26484
such an agreement would not be in the best interests of the	26485
recipients or of the state.	26486

Sec. 5111.23.  (A) The department of job and family services	26487
shall pay each eligible nursing facility and intermediate care	26488
facility for the mentally retarded a per resident per day rate for	26489
direct care costs established prospectively for each facility. The	26490
department shall establish each facility's rate for direct care	26491
costs quarterly.	26492

(B) Each facility's rate for direct care costs shall be	26493
based on the facility's cost per case-mix unit, subject to the	26494
maximum costs per case-mix unit established under division (B)(2)	26495
of this section, from the calendar year preceding the fiscal year	26496
in which the rate is paid. To determine the rate, the department	26497
shall do all of the following:	26498

(1) Determine each facility's cost per case-mix unit for the	26499
calendar year preceding the fiscal year in which the rate will be	26500
paid by dividing the facility's desk-reviewed, actual, allowable,	26501
per diem direct care costs for that year by its annual average	26502
case-mix score for all residents regardless of payment source	26503
determined under section 5111.231 of the Revised Code for the same	26504
calendar year.	26505

(2)(a) Set the maximum cost per case-mix unit for each peer	26506
group of nursing facilities specified in rules adopted under	26507
division (E) of this section at a percentage above the cost per	26508
case-mix unit of the facility in the group that has the group's	26509
median medicaid inpatient day for the calendar year preceding the	26510
fiscal year in which the rate will be paid, as calculated under	26511
division (B)(1) of this section, that is no less than the	26512
percentage calculated under division (D)(1) of this section.	26513

(b) Set the maximum cost per case-mix unit for each peer	26514
group of intermediate care facilities for the mentally retarded	26515
with more than eight beds specified in rules adopted under	26516
division (E) of this section at a percentage above the cost per	26517
case-mix unit of the facility in the group that has the group's	26518
median medicaid inpatient day for the calendar year preceding the	26519
fiscal year in which the rate will be paid, as calculated under	26520
division (B)(1) of this section, that is no less than the	26521
percentage calculated under division (D)(2) of this section.	26522

(c) Set the maximum cost per case-mix unit for each peer	26523
group of intermediate care facilities for the mentally retarded	26524
with eight or fewer beds specified in rules adopted under division	26525
(E) of this section at a percentage above the cost per case-mix	26526
unit of the facility in the group that has the group's median	26527
medicaid inpatient day for the calendar year preceding the fiscal	26528
year in which the rate will be paid, as calculated under division	26529
(B)(1) of this section, that is no less than the percentage	26530
calculated under division (D)(3) of this section.	26531

(d) In calculating the maximum cost per case-mix unit under	26532
divisions (B)(2)(a) to (c) of this section for each peer group,	26533
the department shall exclude from its calculations the cost per	26534
case-mix unit of any facility in the group that participated in	26535
the medical assistance program under the same operator for less	26536
than twelve months during the calendar year preceding the fiscal	26537
year in which the rate will be paid.	26538

(3) Estimate the rate of inflation for the eighteen-month	26539
period beginning on the first day of July of the calendar year	26540
preceding the fiscal year in which the rate will be paid and	26541
ending on the thirty-first day of December of the fiscal year in	26542
which the rate will be paid, using the employment cost index for	26543
total compensation, health services component, published by the	26544
United States bureau of labor statistics. If the estimated	26545
inflation rate for the eighteen-month period is different from the	26546
actual inflation rate for that period, as measured using the same	26547
index, the difference shall be added to or subtracted from the	26548
inflation rate estimated under division (B)(3) of this section for	26549
the following fiscal year.	26550

(4) The department shall not recalculate a maximum cost per	26551
case-mix unit under division (B)(2) of this section or a	26552
percentage under division (D) of this section based on additional	26553
information that it receives after the maximum costs per case-mix	26554
unit or percentages are set. The department shall recalculate a	26555
maximum cost per case-mix units or percentage only if it made an	26556
error in computing the maximum cost per case-mix unit or	26557
percentage based on information available at the time of the	26558
original calculation.	26559

(C) Each facility's rate for direct care costs shall be	26560
determined as follows for each calendar quarter within a fiscal	26561
year:	26562

(1) Multiply For rates paid for nursing facility services	26563
provided on or after July 1, 2001, multiply the lesser of the	26564
following by the nursing facility's quarterly average case-mix	26565
score for residents who are medicaid recipients determined under	26566
section 5111.231 of the Revised Code for the calendar quarter that	26567
preceded the immediately preceding calendar quarter:	26568

(a) The facility's cost per case-mix unit for the calendar	26569
year preceding the fiscal year in which the rate will be paid, as	26570
determined under division (B)(1) of this section;	26571

(b) The maximum cost per case-mix unit established for the	26572
fiscal year in which the rate will be paid for the facility's peer	26573
group under division (B)(2)(a) of this section;	26574

(2) For rates paid for intermediate care facility services	26575
for the mentally retarded, multiply the lesser of the following by	26576
the intermediate care facility for the mentally retarded's	26577
quarterly average case-mix score for all residents regardless of	26578
payment source determined under section 5111.231 of the Revised	26579
Code for the calendar quarter that preceded the immediately	26580
preceding calendar quarter:	26581

(a) The facility's cost per case-mix unit for the calendar	26582
year preceding the fiscal year in which the rate will be paid, as	26583
determined under division (B)(1) of this section;	26584

(b) The maximum cost per case-mix unit established for the	26585
fiscal year in which the rate will be paid for the facility's peer	26586
group under division (B)(2)(b) or (c) of this section.	26587

(3) Adjust the product determined under division (C)(1) and	26588
(2) of this section by the inflation rate estimated under division	26589
(B)(3) of this section.	26590

(D)(1) The department shall calculate the percentage above	26591
the median cost per case-mix unit determined under division (B)(1)	26592
of this section for the facility that has the median medicaid	26593
inpatient day for calendar year 1992 for all nursing facilities	26594
that would result in payment of all desk-reviewed, actual,	26595
allowable direct care costs for eighty-five per cent of the	26596
medicaid inpatient days for nursing facilities for calendar year	26597
1992.	26598

(2) The department shall calculate the percentage above the	26599
median cost per case-mix unit determined under division (B)(1) of	26600
this section for the facility that has the median medicaid	26601
inpatient day for calendar year 1992 for all intermediate care	26602
facilities for the mentally retarded with more than eight beds	26603
that would result in payment of all desk-reviewed, actual,	26604
allowable direct care costs for eighty and one-half per cent of	26605
the medicaid inpatient days for such facilities for calendar year	26606
1992.	26607

(3) The department shall calculate the percentage above the	26608
median cost per case-mix unit determined under division (B)(1) of	26609
this section for the facility that has the median medicaid	26610
inpatient day for calendar year 1992 for all intermediate care	26611
facilities for the mentally retarded with eight or fewer beds that	26612
would result in payment of all desk-reviewed, actual, allowable	26613
direct care costs for eighty and one-half per cent of the medicaid	26614
inpatient days for such facilities for calendar year 1992.	26615

(E) The director of job and family services shall adopt	26616
rules in accordance with Chapter 119. of the Revised Code that	26617
specify peer groups of nursing facilities, intermediate care	26618
facilities for the mentally retarded with more than eight beds,	26619
and intermediate care facilities for the mentally retarded with	26620
eight or fewer beds, based on findings of significant per diem	26621
direct care cost differences due to geography and facility	26622
bed-size. The rules also may specify peer groups based on	26623
findings of significant per diem direct care cost differences due	26624
to other factors which may include, in the case of intermediate	26625
care facilities for the mentally retarded, case-mix.	26626

(F) The department, in accordance with division (C)(D) of	26627
section 5111.231 of the Revised Code and rules adopted under	26628
division (D)(E) of that section, may assign case-mix scores or	26629
costs per case-mix unit if a facility fails to submit assessment	26630
information necessary to calculate its case-mix score in	26631
accordance with that section.	26632

Sec. 5111.231.  (A)(1) The department of job and family	26633
services shall determine quarterly and annual case-mix scores for	26634
nursing facilities by using data for each resident, regardless of	26635
payment source, all of the following:	26636

(a) Data from a resident assessment instrument specified in	26637
rules adopted in accordance with Chapter 119. of the Revissed	26638
Revised Code pursuant to section 19119 1919(e)(5) of the "Social	26639
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A.	26640
1396r(e)(5), as amended and the, for the following residents:	26641

(i) When determining a nursing facility's annual case-mix	26642
score, each resident, regardless of payment source;	26643

(ii) When determining a nursing facility's quarterly	26644
case-mix score for the purpose of calculating rates to be paid for	26645
nursing facility services provided on or after July 1, 2001, each	26646
resident who is medicaid recipient.	26647

(b) Except as provided in rules adopted under division	26648
(A)(2)(a) or (b) of this section, the case-mix values established	26649
by the United States department of health and human services.	26650
Except;	26651

(c) Except as modified in rules adopted under division	26652
(A)(1)(2)(c) of this section, the department also shall use the	26653
grouper methodology used on June 30, 1999, by the United States	26654
department of health and human services for prospective payment of	26655
skilled nursing facilities under the medicare program established	26656
by Title XVIII of the "Social Security Act," 49 79 Stat. 620 286	26657
(1935 1965), 42 U.S.C.A. 301 1395, as amended. The	26658

(2) The director of job and family services may adopt rules	26659
in accordance with Chapter 119. of the Revised Code that do any of	26660
the following:	26661

(a) Adjust the case-mix values specified in division	26662
(A)(1)(b) of this section to reflect changes in relative wage	26663
differentials that are specific to this state;	26664

(b) Express all of the case-mix values in numeric terms that	26665
are different from the terms specified by the United States	26666
department of health and human services but that do not alter the	26667
relationship of the case-mix values to one another;	26668

(c) Modify the grouper methodology as follows:

26669

(i) Establish a different hierarchy for assigning residents	26670
to case-mix categories under the methodology;	26671

(ii) Prohibit the use of the index maximizer element of the	26672
methodology;	26673

(iii) Incorporate changes to the methodology the United	26674
States department of health and human services makes after June	26675
30, 1999;	26676

(iv) Make other changes the medicaid long-term care	26677
reimbursement study council established by section 5111.34	26678
5111.206 of the Revised Code approves.	26679

(2)(B) The department shall determine case-mix scores for	26680
intermediate care facilities for the mentally retarded using data	26681
for each resident, regardless of payment source, from a resident	26682
assessment instrument and grouper methodology prescribed in rules	26683
adopted in accordance with Chapter 119. of the Revised Code and	26684
expressed in case-mix values established by the department in	26685
those rules. The department may change the grouper methodology	26686
prescribed in rules in effect on June 30, 1999, only if the	26687
medicaid long-term care reimbursement study council approves the	26688
change.	26689

(B)(C) Not later than fifteen days after the end of each	26690
calendar quarter, each nursing facility and intermediate care	26691
facility for the mentally retarded shall submit to the department	26692
the complete assessment data, from the instrument specified in	26693
rules adopted under division (A) or (B) of this section, as	26694
appropriate, for each resident, regardless of payment source, who	26695
was in the facility or on hospital or therapeutic leave from the	26696
facility on the last day of the quarter.	26697

Except as provided in division (C) (D) of this section, the	26698
department, after the end of each calendar year and pursuant to	26699
procedures specified in rules adopted in accordance with Chapter	26700
119. of the Revised Code, shall calculate an annual average	26701
case-mix score for each nursing facility and intermediate care	26702
facility for the mentally retarded using the facility's quarterly	26703
case-mix scores for that calendar year.	26704

(C)(D)(1) If a facility does not timely submit information	26705
for a calendar quarter necessary to calculate its case-mix score,	26706
or submits incomplete or inaccurate information for a calendar	26707
quarter, the department may assign the facility a quarterly	26708
average case-mix score that is five per cent less than the	26709
facility's quarterly average case-mix score for the preceding	26710
calendar quarter. If the facility was subject to an exception	26711
review under division (C) of section 5111.27 of the Revised Code	26712
for the preceding calendar quarter, the department may assign a	26713
quarterly average case-mix score that is five per cent less than	26714
the score determined by the exception review. If the facility was	26715
assigned a quarterly average case-mix score for the preceding	26716
quarter, the department may assign a quarterly average case-mix	26717
score that is five per cent less than that score assigned for the	26718
preceding quarter.	26719

The department may use a quarterly average case-mix score	26720
assigned under division (C)(D)(1) of this section, instead of a	26721
quarterly average case-mix score calculated based on the	26722
facility's submitted information, to calculate the facility's rate	26723
for direct care costs being established under section 5111.23 of	26724
the Revised Code for one or more months, as specified in rules	26725
adopted under division (D)(E) of this section, of the quarter for	26726
which the rate established under section 5111.23 of the Revised	26727
Code will be paid.	26728

Before taking action under division (C)(D)(1) of this	26729
section, the department shall permit the facility a reasonable	26730
period of time, specified in rules adopted under division (D)(E)	26731
of this section, to correct the information. In the case of an	26732
intermediate care facility for the mentally retarded, the	26733
department shall not assign a quarterly average case-mix score due	26734
to late submission of corrections to assessment information unless	26735
the facility fails to submit corrected information prior to the	26736
eighty-first day after the end of the calendar quarter to which	26737
the information pertains. In the case of a nursing facility, the	26738
department shall not assign a quarterly average case-mix score due	26739
to late submission of corrections to assessment information unless	26740
the facility fails to submit corrected information prior to the	26741
earlier of the eighty-first day after the end of the calendar	26742
quarter to which the information pertains or the deadline for	26743
submission of such corrections established by regulations adopted	26744
by the United States department of health and human services under	26745
Titles XVIII and XIX of the Social Security Act.	26746

(2) If a facility is paid a rate calculated using a	26747
quarterly average case-mix score assigned under division (C)(D)(1)	26748
of this section for more than six months in a calendar year, the	26749
department may assign the facility a cost per case-mix unit that	26750
is five per cent less than the facility's actual or assigned cost	26751
per case-mix unit for the preceding calendar year. The department	26752
may use the assigned cost per case-mix unit, instead of	26753
calculating the facility's actual cost per case-mix unit in	26754
accordance with section 5111.23 of the Revised Code, to establish	26755
the facility's rate for direct care costs for the following fiscal	26756
year.	26757

(3) The department shall take action under division	26758
(C)(D)(1) or (2) of this section only in accordance with rules	26759
adopted under division (D)(E) of this section. The department	26760
shall not take an action that affects rates for prior payment	26761
periods except in accordance with sections 5111.27 and 5111.28 of	26762
the Revised Code.	26763

(D)(E) The director may adopt rules in accordance with	26764
Chapter 119. of the Revised Code that do any of the following:	26765

(1) Specify the medium or media through which the completed	26766
assessment information shall be submitted;	26767

(2) Establish procedures under which the department will	26768
review assessment information for accuracy and notify the facility	26769
of any information that requires correction;	26770

(3) Establish procedures for facilities to correct	26771
assessment information. The procedures may prohibit an	26772
intermediate care facility for the mentally retarded from	26773
submitting corrected assessment information, for the purpose of	26774
calculating its annual average case-mix score, more than two	26775
calendar quarters after the end of the quarter to which the	26776
information pertains or, if the information pertains to the	26777
quarter ending the thirty-first day of December, after the	26778
thirty-first day of the following March. The procedures may limit	26779
the content of corrections by nursing facilities in the manner	26780
required by regulations adopted by the United States department of	26781
health and human services under Titles XVIII and XIX of the Social	26782
Security Act and prohibit a nursing facility from submitting	26783
corrected assessment information, for the purpose of calculating	26784
its annual average case-mix score, more than the earlier of the	26785
following:	26786

(a) Two calendar quarters after the end of the quarter to	26787
which the information pertains or, if the information pertains to	26788
the quarter ending the thirty-first day of December, after the	26789
thirty-first day of the following March;	26790

(b) The deadline for submission of such corrections	26791
established by regulations adopted by the United States department	26792
of health and human services under Titles XVIII and XIX of the	26793
Social Security Act.	26794

(4) Specify when and how the department will assign case-mix	26795
scores or costs per case-mix unit under division (C)(D) of this	26796
section if information necessary to calculate the facility's	26797
average annual or quarterly case-mix score is not provided or	26798
corrected in accordance with the procedures established by the	26799
rules. Notwithstanding any other provision of sections 5111.20 to	26800
5111.32 of the Revised Code, the rules also may provide for	26801
exclusion of case-mix scores assigned under division (C)(D) of	26802
this section from calculation of the facility's annual average	26803
case-mix score and the maximum cost per case-mix unit for the	26804
facility's peer group.	26805

Sec. 5111.25.  (A) The department of job and family services	26806
shall pay each eligible nursing facility a per resident per day	26807
rate for its reasonable capital costs established prospectively	26808
each fiscal year for each facility. Except as otherwise provided	26809
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	26810
be based on the facility's capital costs for the calendar year	26811
preceding the fiscal year in which the rate will be paid. The	26812
rate shall equal the sum of divisions (A)(1) to (3) and (2) of	26813
this section:	26814

(1) The lesser of the following:

26815

(a) Eighty-eight and sixty-five one-hundredths per cent of	26816
the facility's desk-reviewed, actual, allowable, per diem cost of	26817
ownership and eighty-five per cent of the facility's actual,	26818
allowable, per diem cost of nonextensive renovation determined	26819
under division (F) of this section;	26820

(b) Eighty-eight and sixty-five one-hundredths per cent of	26821
the following limitation:	26822

(i) For the fiscal year beginning July 1, 1993, sixteen	26823
dollars per resident day;	26824

(ii) For the fiscal year beginning July 1, 1994, sixteen	26825
dollars per resident day, adjusted to reflect the rate of	26826
inflation for the twelve-month period beginning July 1, 1992, and	26827
ending June 30, 1993, using the consumer price index for shelter	26828
costs for all urban consumers for the north central region,	26829
published by the United States bureau of labor statistics;	26830

(iii) For subsequent fiscal years, the limitation in effect	26831
during the previous fiscal year, adjusted to reflect the rate of	26832
inflation for the twelve-month period beginning on the first day	26833
of July for the calendar year preceding the calendar year that	26834
precedes the fiscal year and ending on the following thirtieth day	26835
of June, using the consumer price index for shelter costs for all	26836
urban consumers for the north central region, published by the	26837
United States bureau of labor statistics.	26838

(2) Any efficiency incentive determined under division (D)	26839
of this section;	26840

(3) Any amounts for return on equity determined under	26841
division (H) of this section.	26842

Buildings shall be depreciated using the straight line method	26843
over forty years or over a different period approved by the	26844
department. Components and equipment shall be depreciated using	26845
the straight-line method over a period designated in rules adopted	26846
by the director of job and family services in accordance with	26847
Chapter 119. of the Revised Code, consistent with the guidelines	26848
of the American hospital association, or over a different period	26849
approved by the department. Any rules adopted under this division	26850
that specify useful lives of buildings, components, or equipment	26851
apply only to assets acquired on or after July 1, 1993.	26852
Depreciation for costs paid or reimbursed by any government agency	26853
shall not be included in cost of ownership or renovation unless	26854
that part of the payment under sections 5111.20 to 5111.32 of the	26855
Revised Code is used to reimburse the government agency.	26856

(B) The capital cost basis of nursing facility assets shall	26857
be determined in the following manner:	26858

(1) For purposes of calculating the rate to be paid for the	26859
fiscal year beginning July 1, 1993, for facilities with dates of	26860
licensure on or before June 30, 1993, the capital cost basis shall	26861
be equal to the following:	26862

(a) For facilities that have not had a change of ownership	26863
operator during the period beginning January 1, 1993, and ending	26864
June 30, 1993, the desk-reviewed, actual, allowable capital cost	26865
basis that is listed on the facility's cost report for the cost	26866
reporting period ending December 31, 1992, plus the actual,	26867
allowable capital cost basis of any assets constructed or acquired	26868
after December 31, 1992, but before July 1, 1993, if the aggregate	26869
capital costs of those assets would increase the facility's rate	26870
for capital costs by twenty or more cents per resident per day.	26871

(b) For facilities that have a date of licensure or had a	26872
change of ownership operator during the period beginning January	26873
1, 1993, and ending June 30, 1993, the actual, allowable capital	26874
cost basis of the person or government entity that owns the	26875
facility on June 30, 1993.	26876

Capital cost basis shall be calculated as provided in	26877
division (B)(1) of this section subject to approval by the United	26878
States health care financing administration of any necessary	26879
amendment to the state plan for providing medical assistance.	26880

The department shall include the actual, allowable capital	26881
cost basis of assets constructed or acquired during the period	26882
beginning January 1, 1993, and ending June 30, 1993, in the	26883
calculation for the facility's rate effective July 1, 1993, if the	26884
aggregate capital costs of the assets would increase the	26885
facility's rate by twenty or more cents per resident per day and	26886
the facility provides the department with sufficient documentation	26887
of the costs before June 1, 1993. If the facility provides the	26888
documentation after that date, the department shall adjust the	26889
facility's rate to reflect the costs of the assets one month after	26890
the first day of the month after the department receives the	26891
documentation.	26892

(2) Except as provided in division (B)(4) of this section,	26893
for purposes of calculating the rates to be paid for fiscal years	26894
beginning after June 30, 1994, for facilities with dates of	26895
licensure on or before June 30, 1993, the capital cost basis of	26896
each asset shall be equal to the desk-reviewed, actual, allowable,	26897
capital cost basis that is listed on the facility's cost report	26898
for the calendar year preceding the fiscal year during which the	26899
rate will be paid.	26900

(3) For facilities with dates of licensure after June 30,	26901
1993, the capital cost basis shall be determined in accordance	26902
with the principles of the medicare program established under	26903
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	26904
U.S.C.A. 301, as amended, except as otherwise provided in sections	26905
5111.20 to 5111.32 of the Revised Code.	26906

(4) Except as provided in division (B)(5) of this section,	26907
if a provider transfers an interest in a facility to another	26908
provider after June 30, 1993, there shall be no increase in the	26909
capital cost basis of the asset if the providers are related	26910
parties. If the providers are not related parties or if they are	26911
related parties and division (B)(5) of this section requires the	26912
adjustment of the capital cost basis under this division, the	26913
basis of the asset shall be adjusted by the lesser of the	26914
following:	26915

(a) One-half of the change in construction costs during the	26916
time that the transferor held the asset, as calculated by the	26917
department of job and family services using the "Dodge building	26918
cost indexes, northeastern and north central states," published by	26919
Marshall and Swift;	26920

(b) One-half of the change in the consumer price index for	26921
all items for all urban consumers, as published by the United	26922
States bureau of labor statistics, during the time that the	26923
transferor held the asset.	26924

(5) If a provider transfers an interest in a facility to	26925
another provider who is a related party, the capital cost basis of	26926
the asset shall be adjusted as specified in division (B)(4) of	26927
this section for a transfer to a provider that is not a related	26928
party if all of the following conditions are met:	26929

(a) The related party is a relative of the owner;

26930

(b) Except as provided in division (B)(5)(c)(ii) of this	26931
section, the provider making the transfer retains no ownership	26932
interest in the facility;	26933

(c) The department of job and family services determines	26934
that the transfer is an arm's length transaction pursuant to rules	26935
the department shall adopt in accordance with Chapter 119. of the	26936
Revised Code no later than December 31, 2000. The rules shall	26937
provide that a transfer is an arm's length transaction if all of	26938
the following apply:	26939

(i) Once the transfer goes into effect, the provider that	26940
made the transfer has no direct or indirect interest in the	26941
provider that acquires the facility or the facility itself,	26942
including interest as an owner, officer, director, employee,	26943
independent contractor, or consultant, but excluding interest as a	26944
creditor.	26945

(ii) The provider that made the transfer does not reacquire	26946
an interest in the facility except through the exercise of a	26947
creditor's rights in the event of a default. If the provider	26948
reacquires an interest in the facility in this manner, the	26949
department shall treat the facility as if the transfer never	26950
occurred when the department calculates its reimbursement rates	26951
for capital costs.	26952

(iii) The transfer satisfies any other criteria specified in	26953
the rules.	26954

(d) Except in the case of hardship caused by a catastrophic	26955
event, as determined by the department, or in the case of a	26956
provider making the transfer who is at least sixty-five years of	26957
age, not less than twenty years have elapsed since, for the same	26958
facility, the capital cost basis was adjusted most recently under	26959
division (B)(5) of this section or actual, allowable cost of	26960
ownership was determined most recently under division (C)(9) of	26961
this section.	26962

(C) As used in this division, "lease expense" means lease	26963
payments in the case of an operating lease and depreciation	26964
expense and interest expense in the case of a capital lease. As	26965
used in this division, "new lease" means a lease, to a different	26966
lessee, of a nursing facility that previously was operated under a	26967
lease.	26968

(1) Subject to the limitation specified in division (A)(1)	26969
of this section, for a lease of a facility that was effective on	26970
May 27, 1992, the entire lease expense is an actual, allowable	26971
cost of ownership during the term of the existing lease. The	26972
entire lease expense also is an actual, allowable cost of	26973
ownership if a lease in existence on May 27, 1992, is renewed	26974
under either of the following circumstances:	26975

(a) The renewal is pursuant to a renewal option that was in	26976
existence on May 27, 1992;	26977

(b) The renewal is for the same lease payment amount and	26978
between the same parties as the lease in existence on May 27,	26979
1992.	26980

(2) Subject to the limitation specified in division (A)(1)	26981
of this section, for a lease of a facility that was in existence	26982
but not operated under a lease on May 27, 1992, actual, allowable	26983
cost of ownership shall include the lesser of the annual lease	26984
expense or the annual depreciation expense and imputed interest	26985
expense that would be calculated at the inception of the lease	26986
using the lessor's entire historical capital asset cost basis,	26987
adjusted by the lesser of the following amounts:	26988

(a) One-half of the change in construction costs during the	26989
time the lessor held each asset until the beginning of the lease,	26990
as calculated by the department using the "Dodge building cost	26991
indexes, northeastern and north central states," published by	26992
Marshall and Swift;	26993

(b) One-half of the change in the consumer price index for	26994
all items for all urban consumers, as published by the United	26995
States bureau of labor statistics, during the time the lessor held	26996
each asset until the beginning of the lease.	26997

(3) Subject to the limitation specified in division (A)(1)	26998
of this section, for a lease of a facility with a date of	26999
licensure on or after May 27, 1992, that is initially operated	27000
under a lease, actual, allowable cost of ownership shall include	27001
the annual lease expense if there was a substantial commitment of	27002
money for construction of the facility after December 22, 1992,	27003
and before July 1, 1993. If there was not a substantial	27004
commitment of money after December 22, 1992, and before July 1,	27005
1993, actual, allowable cost of ownership shall include the lesser	27006
of the annual lease expense or the sum of the following:	27007

(a) The annual depreciation expense that would be calculated	27008
at the inception of the lease using the lessor's entire historical	27009
capital asset cost basis;	27010

(b) The greater of the lessor's actual annual amortization	27011
of financing costs and interest expense at the inception of the	27012
lease or the imputed interest expense calculated at the inception	27013
of the lease using seventy per cent of the lessor's historical	27014
capital asset cost basis.	27015

(4) Subject to the limitation specified in division (A)(1)	27016
of this section, for a lease of a facility with a date of	27017
licensure on or after May 27, 1992, that was not initially	27018
operated under a lease and has been in existence for ten years,	27019
actual, allowable cost of ownership shall include the lesser of	27020
the annual lease expense or the annual depreciation expense and	27021
imputed interest expense that would be calculated at the inception	27022
of the lease using the entire historical capital asset cost basis	27023
of the lessor, adjusted by the lesser of the following:	27024

(a) One-half of the change in construction costs during the	27025
time the lessor held each asset until the beginning of the lease,	27026
as calculated by the department using the "Dodge building cost	27027
indexes, northeastern and north central states," published by	27028
Marshall and Swift;	27029

(b) One-half of the change in the consumer price index for	27030
all items for all urban consumers, as published by the United	27031
States bureau of labor statistics, during the time the lessor held	27032
each asset until the beginning of the lease.	27033

(5) Subject to the limitation specified in division (A)(1)	27034
of this section, for a new lease of a facility that was operated	27035
under a lease on May 27, 1992, actual, allowable cost of ownership	27036
shall include the lesser of the annual new lease expense or the	27037
annual old lease payment. If the old lease was in effect for ten	27038
years or longer, the old lease payment from the beginning of the	27039
old lease shall be adjusted by the lesser of the following:	27040

(a) One-half of the change in construction costs from the	27041
beginning of the old lease to the beginning of the new lease, as	27042
calculated by the department using the "Dodge building cost	27043
indexes, northeastern and north central states," published by	27044
Marshall and Swift;	27045

(b) One-half of the change in the consumer price index for	27046
all items for all urban consumers, as published by the United	27047
States bureau of labor statistics, from the beginning of the old	27048
lease to the beginning of the new lease.	27049

(6) Subject to the limitation specified in division (A)(1)	27050
of this section, for a new lease of a facility that was not in	27051
existence or that was in existence but not operated under a lease	27052
on May 27, 1992, actual, allowable cost of ownership shall include	27053
the lesser of annual new lease expense or the annual amount	27054
calculated for the old lease under division (C)(2), (3), (4), or	27055
(6) of this section, as applicable. If the old lease was in	27056
effect for ten years or longer, the lessor's historical capital	27057
asset cost basis shall be adjusted by the lesser of the following	27058
for purposes of calculating the annual amount under division	27059
(C)(2), (3), (4), or (6) of this section:	27060

(a) One-half of the change in construction costs from the	27061
beginning of the old lease to the beginning of the new lease, as	27062
calculated by the department using the "Dodge building cost	27063
indexes, northeastern and north central states," published by	27064
Marshall and Swift;	27065

(b) One-half of the change in the consumer price index for	27066
all items for all urban consumers, as published by the United	27067
States bureau of labor statistics, from the beginning of the old	27068
lease to the beginning of the new lease.	27069

In the case of a lease under division (C)(3) of this section	27070
of a facility for which a substantial commitment of money was made	27071
after December 22, 1992, and before July 1, 1993, the old lease	27072
payment shall be adjusted for the purpose of determining the	27073
annual amount.	27074

(7) For any revision of a lease described in division	27075
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any	27076
subsequent lease of a facility operated under such a lease, other	27077
than execution of a new lease, the portion of actual, allowable	27078
cost of ownership attributable to the lease shall be the same as	27079
before the revision or subsequent lease.	27080

(8) Except as provided in division (C)(9) of this section,	27081
if a provider leases an interest in a facility to another provider	27082
who is a related party, the related party's actual, allowable cost	27083
of ownership shall include the lesser of the annual lease expense	27084
or the reasonable cost to the lessor.	27085

(9) If a provider leases an interest in a facility to	27086
another provider who is a related party, regardless of the date of	27087
the lease, the related party's actual, allowable cost of ownership	27088
shall include the annual lease expense, subject to the limitations	27089
specified in divisions (C)(1) to (7) of this section, if all of	27090
the following conditions are met:	27091

(a) The related party is a relative of owner;

27092

(b) If the lessor retains an ownership interest, it is,	27093
except as provided in division (C)(9)(c)(ii) of this section, in	27094
only the real property and any improvements on the real property;	27095

(c) The department of job and family services determines	27096
that the lease is an arm's length transaction pursuant to rules	27097
the department shall adopt in accordance with Chapter 119. of the	27098
Revised Code no later than December 31, 2000. The rules shall	27099
provide that a lease is an arm's length transaction if all of the	27100
following apply:	27101

(i) Once the lease goes into effect, the lessor has no	27102
direct or indirect interest in the lessee or, except as provided	27103
in division (C)(9)(b) of this section, the facility itself,	27104
including interest as an owner, officer, director, employee,	27105
independent contractor, or consultant, but excluding interest as a	27106
lessor.	27107

(ii) The lessor does not reacquire an interest in the	27108
facility except through the exercise of a lessor's rights in the	27109
event of a default. If the lessor reacquires an interest in the	27110
facility in this manner, the department shall treat the facility	27111
as if the lease never occurred when the department calculates its	27112
reimbursement rates for capital costs.	27113

(iii) The lease satisfies any other criteria specified in	27114
the rules.	27115

(d) Except in the case of hardship caused by a catastrophic	27116
event, as determined by the department, or in the case of a lessor	27117
who is at least sixty-five years of age, not less than twenty	27118
years have elapsed since, for the same facility, the capital cost	27119
basis was adjusted most recently under division (B)(5) of this	27120
section or actual, allowable cost of ownership was determined most	27121
recently under division (C)(9) of this section.	27122

(10) This division does not apply to leases of specific	27123
items of equipment.	27124

(D)(1) Subject to division (D)(2) of this section, the	27125
department shall pay each nursing facility an efficiency incentive	27126
that is equal to fifty per cent of the difference between the	27127
following:	27128

(a) Eighty-eight and sixty-five one-hundredths per cent of	27129
the facility's desk-reviewed, actual, allowable, per diem cost of	27130
ownership;	27131

(b) The applicable amount specified in division (E) of this	27132
section.	27133

(2) The efficiency incentive paid to a nursing facility	27134
shall not exceed the greater of the following:	27135

(a) The efficiency incentive the facility was paid during	27136
the fiscal year ending June 30, 1994;	27137

(b) Three dollars per resident per day, adjusted annually	27138
for rates paid beginning July 1, 1994, for the inflation rate for	27139
the twelve-month period beginning on the first day of July of the	27140
calendar year preceding the calendar year that precedes the fiscal	27141
year for which the efficiency incentive is determined and ending	27142
on the thirtieth day of the following June, using the consumer	27143
price index for shelter costs for all urban consumers for the	27144
north central region, as published by the United States bureau of	27145
labor statistics.	27146

(3) For purposes of calculating the efficiency incentive,	27147
depreciation for costs that are paid or reimbursed by any	27148
government agency shall be considered as costs of ownership, and	27149
renovation costs that are paid under division (F) of this section	27150
shall not be considered costs of ownership.	27151

(E) The following amounts shall be used to calculate	27152
efficiency incentives for nursing facilities under this section:	27153

(1) For facilities with dates of licensure prior to January	27154
1, 1958, four dollars and twenty-four cents per patient day;	27155

(2) For facilities with dates of licensure after December	27156
31, 1957, but prior to January 1, 1968:	27157

(a) Five dollars and twenty-four cents per patient day if	27158
the cost of construction was three thousand five hundred dollars	27159
or more per bed;	27160

(b) Four dollars and twenty-four cents per patient day if	27161
the cost of construction was less than three thousand five hundred	27162
dollars per bed.	27163

(3) For facilities with dates of licensure after December	27164
31, 1967, but prior to January 1, 1976:	27165

(a) Six dollars and twenty-four cents per patient day if the	27166
cost of construction was five thousand one hundred fifty dollars	27167
or more per bed;	27168

(b) Five dollars and twenty-four cents per patient day if	27169
the cost of construction was less than five thousand one hundred	27170
fifty dollars per bed, but exceeded three thousand five hundred	27171
dollars per bed;	27172

(c) Four dollars and twenty-four cents per patient day if	27173
the cost of construction was three thousand five hundred dollars	27174
or less per bed.	27175

(4) For facilities with dates of licensure after December	27176
31, 1975, but prior to January 1, 1979:	27177

(a) Seven dollars and twenty-four cents per patient day if	27178
the cost of construction was six thousand eight hundred dollars or	27179
more per bed;	27180

(b) Six dollars and twenty-four cents per patient day if the	27181
cost of construction was less than six thousand eight hundred	27182
dollars per bed but exceeded five thousand one hundred fifty	27183
dollars per bed;	27184

(c) Five dollars and twenty-four cents per patient day if	27185
the cost of construction was five thousand one hundred fifty	27186
dollars or less per bed, but exceeded three thousand five hundred	27187
dollars per bed;	27188

(d) Four dollars and twenty-four cents per patient day if	27189
the cost of construction was three thousand five hundred dollars	27190
or less per bed.	27191

(5) For facilities with dates of licensure after December	27192
31, 1978, but prior to January 1, 1981:	27193

(a) Seven dollars and seventy-four cents per patient day if	27194
the cost of construction was seven thousand six hundred	27195
twenty-five dollars or more per bed;	27196

(b) Seven dollars and twenty-four cents per patient day if	27197
the cost of construction was less than seven thousand six hundred	27198
twenty-five dollars per bed but exceeded six thousand eight	27199
hundred dollars per bed;	27200

(c) Six dollars and twenty-four cents per patient day if the	27201
cost of construction was six thousand eight hundred dollars or	27202
less per bed but exceeded five thousand one hundred fifty dollars	27203
per bed;	27204

(d) Five dollars and twenty-four cents per patient day if	27205
the cost of construction was five thousand one hundred fifty	27206
dollars or less but exceeded three thousand five hundred dollars	27207
per bed;	27208

(e) Four dollars and twenty-four cents per patient day if	27209
the cost of construction was three thousand five hundred dollars	27210
or less per bed.	27211

(6) For facilities with dates of licensure in 1981 or any	27212
year thereafter prior to December 22, 1992, the following amount:	27213

(a) For facilities with construction costs less than seven	27214
thousand six hundred twenty-five dollars per bed, the applicable	27215
amounts for the construction costs specified in divisions	27216
(E)(5)(b) to (e) of this section;	27217

(b) For facilities with construction costs of seven thousand	27218
six hundred twenty-five dollars or more per bed, six dollars per	27219
patient day, provided that for 1981 and annually thereafter prior	27220
to December 22, 1992, department shall do both of the following to	27221
the six-dollar amount:	27222

(i) Adjust the amount for fluctuations in construction costs	27223
calculated by the department using the "Dodge building cost	27224
indexes, northeastern and north central states," published by	27225
Marshall and Swift, using 1980 as the base year;	27226

(ii) Increase the amount, as adjusted for inflation under	27227
division (E)(6)(b)(i) of this section, by one dollar and	27228
seventy-four cents.	27229

(7) For facilities with dates of licensure on or after	27230
January 1, 1992, seven dollars and ninety-seven cents, adjusted	27231
for fluctuations in construction costs between 1991 and 1993 as	27232
calculated by the department using the "Dodge building cost	27233
indexes, northeastern and north central states," published by	27234
Marshall and Swift, and then increased by one dollar and	27235
seventy-four cents.	27236

For the fiscal year that begins July 1, 1994, each of the	27237
amounts listed in divisions (E)(1) to (7) of this section shall be	27238
increased by twenty-five cents. For the fiscal year that begins	27239
July 1, 1995, each of those amounts shall be increased by an	27240
additional twenty-five cents. For subsequent fiscal years, each	27241
of those amounts, as increased for the prior fiscal year, shall be	27242
adjusted to reflect the rate of inflation for the twelve-month	27243
period beginning on the first day of July of the calendar year	27244
preceding the calendar year that precedes the fiscal year and	27245
ending on the following thirtieth day of June, using the consumer	27246
price index for shelter costs for all urban consumers for the	27247
north central region, as published by the United States bureau of	27248
labor statistics.	27249

If the amount established for a nursing facility under this	27250
division is less than the amount that applied to the facility	27251
under division (B) of former section 5111.25 of the Revised Code,	27252
as the former section existed immediately prior to December 22,	27253
1992, the amount used to calculate the efficiency incentive for	27254
the facility under division (D)(2) of this section shall be the	27255
amount that was calculated under division (B) of the former	27256
section.	27257

(F) Beginning July 1, 1993, regardless of the facility's	27258
date of licensure or the date of the nonextensive renovations, the	27259
rate for the costs of nonextensive renovations for nursing	27260
facilities shall be eighty-five per cent of the desk-reviewed,	27261
actual, allowable, per diem, nonextensive renovation costs. This	27262
division applies to nonextensive renovations regardless of whether	27263
they are made by an owner or a lessee. If the tenancy of a lessee	27264
that has made nonextensive renovations ends before the	27265
depreciation expense for the renovation costs has been fully	27266
reported, the former lessee shall not report the undepreciated	27267
balance as an expense.	27268

(1) For a nonextensive renovation made after July 1, 1993,	27269
to qualify for payment under this division, both of the following	27270
conditions must be met:	27271

(a) At least five years have elapsed since the date of	27272
licensure of the portion of the facility that is proposed to be	27273
renovated, except that this condition does not apply if the	27274
renovation is necessary to meet the requirements of federal,	27275
state, or local statutes, ordinances, rules, or policies.	27276

(b) The provider has obtained prior approval from the	27277
department of job and family services, and if required the	27278
director of health has granted a certificate of need for the	27279
renovation under section 3702.52 of the Revised Code. The	27280
provider shall submit a plan that describes in detail the changes	27281
in capital assets to be accomplished by means of the renovation	27282
and the timetable for completing the project. The time for	27283
completion of the project shall be no more than eighteen months	27284
after the renovation begins. The department of job and family	27285
services shall adopt rules in accordance with Chapter 119. of the	27286
Revised Code that specify criteria and procedures for prior	27287
approval of renovation projects. No provider shall separate a	27288
project with the intent to evade the characterization of the	27289
project as a renovation or as an extensive renovation. No	27290
provider shall increase the scope of a project after it is	27291
approved by the department of job and family services unless the	27292
increase in scope is approved by the department.	27293

(2) The payment provided for in this division is the only	27294
payment that shall be made for the costs of a nonextensive	27295
renovation. Nonextensive renovation costs shall not be included	27296
in costs of ownership, and a nonextensive renovation shall not	27297
affect the date of licensure for purposes of calculating the	27298
efficiency incentive under divisions (D) and (E) of this section.	27299

(G) The owner of a nursing facility operating under a	27300
provider agreement shall provide written notice to the department	27301
of job and family services at least forty-five days prior to	27302
entering into any contract of sale for the facility or voluntarily	27303
terminating participation in the medical assistance program. After	27304
the date on which a transaction of sale of a nursing facility is	27305
closed, the owner of the nursing facility shall refund to the	27306
department the amount of excess depreciation paid to the facility	27307
by the department for each year the owner has operated the	27308
facility under a provider agreement and prorated according to the	27309
number of medicaid patient days for which the facility has	27310
received payment. If a nursing facility is sold after five or	27311
fewer years of operation under a provider agreement, the refund to	27312
the department shall be equal to the excess depreciation paid to	27313
the facility. If a nursing facility is sold after more than five	27314
years but less than ten years of operation under a provider	27315
agreement, the refund to the department shall equal the excess	27316
depreciation paid to the facility multiplied by twenty per cent,	27317
multiplied by the difference between ten and the number of years	27318
that the facility was operated under a provider agreement. If a	27319
nursing facility is sold after ten or more years of operation	27320
under a provider agreement, the owner shall not refund any excess	27321
depreciation to the department. The owner of a facility that is	27322
sold or that voluntarily terminates participation in the medical	27323
assistance program also shall refund any other amount that the	27324
department properly finds to be due after the audit conducted	27325
under this division section 5111.3412 of the Revised Code. For	27326
the purposes of this division, "depreciation paid to the facility"	27327
means the amount paid to the nursing facility for cost of	27328
ownership pursuant to this section less any amount paid for	27329
interest costs, amortization of financing costs, and lease	27330
expenses. For the purposes of this division, "excess	27331
depreciation" is the nursing facility's depreciated basis, which	27332
is the owner's cost less accumulated depreciation, subtracted from	27333
the purchase price net of selling costs but not exceeding the	27334
amount of depreciation paid to the facility.	27335

A cost report shall be filed with the department within	27336
ninety days after the date on which the transaction of sale is	27337
closed or participation is voluntarily terminated. The report	27338
shall show the accumulated depreciation, the sales price, and	27339
other information required by the department. The amount of the	27340
last two monthly payments to a nursing facility made pursuant to	27341
division (A)(1) of section 5111.22 of the Revised Code before a	27342
sale or termination of participation shall be held in escrow by a	27343
bank, trust company, or savings and loan association, except that	27344
if the amount the owner will be required to refund under this	27345
section is likely to be less than the amount of the last two	27346
monthly payments, the department shall take one of the following	27347
actions instead of withholding the amount of the last two monthly	27348
payments:	27349

(1) In the case of an owner that owns other facilities that	27350
participate in the medical assistance program, obtain a promissory	27351
note in an amount sufficient to cover the amount likely to be	27352
refunded;	27353

(2) In the case of all other owners, withhold the amount of	27354
the last monthly payment to the nursing facility.	27355

The department shall, within ninety days following the filing	27356
of the cost report, audit the cost report and issue an audit	27357
report to the owner. The department also may audit any other cost	27358
report that the facility has filed during the previous three	27359
years. In the audit report, the department shall state its	27360
findings and the amount of any money owed to the department by the	27361
nursing facility. The findings shall be subject to adjudication	27362
conducted in accordance with Chapter 119. of the Revised Code. No	27363
later than fifteen days after the owner agrees to a settlement,	27364
any funds held in escrow less any amounts due to the department	27365
shall be released to the owner and amounts due to the department	27366
shall be paid to the department. If the amounts in escrow are	27367
less than the amounts due to the department, the balance shall be	27368
paid to the department within fifteen days after the owner agrees	27369
to a settlement. If the department does not issue its audit	27370
report within the ninety-day period, the department shall release	27371
any money held in escrow to the owner. For the purposes of this	27372
section, a transfer of corporate stock, the merger of one	27373
corporation into another, or a consolidation does not constitute a	27374
sale.	27375

If a nursing facility is not sold or its participation is not	27376
terminated after notice is provided to the department under this	27377
division, the department shall order any payments held in escrow	27378
released to the facility upon receiving written notice from the	27379
owner that there will be no sale or termination. After written	27380
notice is received from a nursing facility that a sale or	27381
termination will not take place, the facility shall provide notice	27382
to the department at least forty-five days prior to entering into	27383
any contract of sale or terminating participation at any future	27384
time.	27385

(H) The department shall pay each eligible proprietary	27386
nursing facility a return on the facility's net equity computed at	27387
the rate of one and one-half times the average interest rate on	27388
special issues of public debt obligations issued to the federal	27389
hospital insurance trust fund for the cost reporting period,	27390
except that no facility's return on net equity shall exceed one	27391
dollar per patient day.	27392

When calculating the rate for return on net equity, the	27393
department shall use the greater of the facility's inpatient days	27394
during the applicable cost reporting period or the number of	27395
inpatient days the facility would have had during that period if	27396
its occupancy rate had been ninety-five per cent.	27397

(I) If a nursing facility would receive a lower rate for	27398
capital costs for assets in the facility's possession on July 1,	27399
1993, under this section than it would receive under former	27400
section 5111.25 of the Revised Code, as the former section existed	27401
immediately prior to December 22, 1992, the facility shall receive	27402
for those assets the rate it would have received under the former	27403
section for each fiscal year beginning on or after July 1, 1993,	27404
until the rate it would receive under this section exceeds the	27405
rate it would have received under the former section. Any	27406
facility that receives a rate calculated under the former section	27407
5111.25 of the Revised Code for assets in the facility's	27408
possession on July 1, 1993, also shall receive a rate calculated	27409
under this section for costs of any assets it constructs or	27410
acquires after July 1, 1993.	27411

Sec. 5111.251.  (A) The department of job and family	27412
services shall pay each eligible intermediate care facility for	27413
the mentally retarded for its reasonable capital costs, a per	27414
resident per day rate established prospectively each fiscal year	27415
for each intermediate care facility for the mentally retarded.	27416
Except as otherwise provided in sections 5111.20 to 5111.32 of the	27417
Revised Code, the rate shall be based on the facility's capital	27418
costs for the calendar year preceding the fiscal year in which the	27419
rate will be paid. The rate shall equal the sum of the following:	27420

(1) The facility's desk-reviewed, actual, allowable, per	27421
diem cost of ownership for the preceding cost reporting period,	27422
limited as provided in divisions (C) and (F) of this section;	27423

(2) Any efficiency incentive determined under division (B)	27424
of this section;	27425

(3) Any amounts for renovations determined under division	27426
(D) of this section;	27427

(4) Any amounts for return on equity determined under	27428
division (I) of this section.	27429

Buildings shall be depreciated using the straight line method	27430
over forty years or over a different period approved by the	27431
department. Components and equipment shall be depreciated using	27432
the straight line method over a period designated by the director	27433
of job and family services in rules adopted in accordance with	27434
Chapter 119. of the Revised Code, consistent with the guidelines	27435
of the American hospital association, or over a different period	27436
approved by the department of job and family services. Any rules	27437
adopted under this division that specify useful lives of	27438
buildings, components, or equipment apply only to assets acquired	27439
on or after July 1, 1993. Depreciation for costs paid or	27440
reimbursed by any government agency shall not be included in costs	27441
of ownership or renovation unless that part of the payment under	27442
sections 5111.20 to 5111.32 of the Revised Code is used to	27443
reimburse the government agency.	27444

(B) The department of job and family services shall pay to	27445
each intermediate care facility for the mentally retarded an	27446
efficiency incentive equal to fifty per cent of the difference	27447
between any desk-reviewed, actual, allowable cost of ownership and	27448
the applicable limit on cost of ownership payments under division	27449
(C) of this section. For purposes of computing the efficiency	27450
incentive, depreciation for costs paid or reimbursed by any	27451
government agency shall be considered as a cost of ownership, and	27452
the applicable limit under division (C) of this section shall	27453
apply both to facilities with more than eight beds and facilities	27454
with eight or fewer beds. The efficiency incentive paid to a	27455
facility with eight or fewer beds shall not exceed three dollars	27456
per patient day, adjusted annually for the inflation rate for the	27457
twelve-month period beginning on the first day of July of the	27458
calendar year preceding the calendar year that precedes the fiscal	27459
year for which the efficiency incentive is determined and ending	27460
on the thirtieth day of the following June, using the consumer	27461
price index for shelter costs for all urban consumers for the	27462
north central region, as published by the United States bureau of	27463
labor statistics.	27464

(C) Cost of ownership payments to intermediate care	27465
facilities for the mentally retarded with more than eight beds	27466
shall not exceed the following limits:	27467

(1) For facilities with dates of licensure prior to January	27468
1, l958, not exceeding two dollars and fifty cents per patient	27469
day;	27470

(2) For facilities with dates of licensure after December	27471
31, l957, but prior to January 1, l968, not exceeding:	27472

(a) Three dollars and fifty cents per patient day if the	27473
cost of construction was three thousand five hundred dollars or	27474
more per bed;	27475

(b) Two dollars and fifty cents per patient day if the cost	27476
of construction was less than three thousand five hundred dollars	27477
per bed.	27478

(3) For facilities with dates of licensure after December	27479
31, l967, but prior to January 1, l976, not exceeding:	27480

(a) Four dollars and fifty cents per patient day if the cost	27481
of construction was five thousand one hundred fifty dollars or	27482
more per bed;	27483

(b) Three dollars and fifty cents per patient day if the	27484
cost of construction was less than five thousand one hundred fifty	27485
dollars per bed, but exceeds three thousand five hundred dollars	27486
per bed;	27487

(c) Two dollars and fifty cents per patient day if the cost	27488
of construction was three thousand five hundred dollars or less	27489
per bed.	27490

(4) For facilities with dates of licensure after December	27491
31, l975, but prior to January 1, l979, not exceeding:	27492

(a) Five dollars and fifty cents per patient day if the cost	27493
of construction was six thousand eight hundred dollars or more per	27494
bed;	27495

(b) Four dollars and fifty cents per patient day if the cost	27496
of construction was less than six thousand eight hundred dollars	27497
per bed but exceeds five thousand one hundred fifty dollars per	27498
bed;	27499

(c) Three dollars and fifty cents per patient day if the	27500
cost of construction was five thousand one hundred fifty dollars	27501
or less per bed, but exceeds three thousand five hundred dollars	27502
per bed;	27503

(d) Two dollars and fifty cents per patient day if the cost	27504
of construction was three thousand five hundred dollars or less	27505
per bed.	27506

(5) For facilities with dates of licensure after December	27507
31, l978, but prior to January 1, l980, not exceeding:	27508

(a) Six dollars per patient day if the cost of construction	27509
was seven thousand six hundred twenty-five dollars or more per	27510
bed;	27511

(b) Five dollars and fifty cents per patient day if the cost	27512
of construction was less than seven thousand six hundred	27513
twenty-five dollars per bed but exceeds six thousand eight hundred	27514
dollars per bed;	27515

(c) Four dollars and fifty cents per patient day if the cost	27516
of construction was six thousand eight hundred dollars or less per	27517
bed but exceeds five thousand one hundred fifty dollars per bed;	27518

(d) Three dollars and fifty cents per patient day if the	27519
cost of construction was five thousand one hundred fifty dollars	27520
or less but exceeds three thousand five hundred dollars per bed;	27521

(e) Two dollars and fifty cents per patient day if the cost	27522
of construction was three thousand five hundred dollars or less	27523
per bed.	27524

(6) For facilities with dates of licensure after December	27525
31, 1979, but prior to January 1, 1981, not exceeding:	27526

(a) Twelve dollars per patient day if the beds were	27527
originally licensed as residential facility beds by the department	27528
of mental retardation and developmental disabilities;	27529

(b) Six dollars per patient day if the beds were originally	27530
licensed as nursing home beds by the department of health.	27531

(7) For facilities with dates of licensure after December	27532
31, 1980, but prior to January 1, 1982, not exceeding:	27533

(a) Twelve dollars per patient day if the beds were	27534
originally licensed as residential facility beds by the department	27535
of mental retardation and developmental disabilities;	27536

(b) Six dollars and forty-five cents per patient day if the	27537
beds were originally licensed as nursing home beds by the	27538
department of health.	27539

(8) For facilities with dates of licensure after December	27540
31, 1981, but prior to January 1, 1983, not exceeding:	27541

(a) Twelve dollars per patient day if the beds were	27542
originally licensed as residential facility beds by the department	27543
of mental retardation and developmental disabilities;	27544

(b) Six dollars and seventy-nine cents per patient day if	27545
the beds were originally licensed as nursing home beds by the	27546
department of health.	27547

(9) For facilities with dates of licensure after December	27548
31, 1982, but prior to January 1, 1984, not exceeding:	27549

(a) Twelve dollars per patient day if the beds were	27550
originally licensed as residential facility beds by the department	27551
of mental retardation and developmental disabilities;	27552

(b) Seven dollars and nine cents per patient day if the beds	27553
were originally licensed as nursing home beds by the department of	27554
health.	27555

(10) For facilities with dates of licensure after December	27556
31, 1983, but prior to January 1, 1985, not exceeding:	27557

(a) Twelve dollars and twenty-four cents per patient day if	27558
the beds were originally licensed as residential facility beds by	27559
the department of mental retardation and developmental	27560
disabilities;	27561

(b) Seven dollars and twenty-three cents per patient day if	27562
the beds were originally licensed as nursing home beds by the	27563
department of health.	27564

(11) For facilities with dates of licensure after December	27565
31, 1984, but prior to January 1, 1986, not exceeding:	27566

(a) Twelve dollars and fifty-three cents per patient day if	27567
the beds were originally licensed as residential facility beds by	27568
the department of mental retardation and developmental	27569
disabilities;	27570

(b) Seven dollars and forty cents per patient day if the	27571
beds were originally licensed as nursing home beds by the	27572
department of health.	27573

(12) For facilities with dates of licensure after December	27574
31, 1985, but prior to January 1, 1987, not exceeding:	27575

(a) Twelve dollars and seventy cents per patient day if the	27576
beds were originally licensed as residential facility beds by the	27577
department of mental retardation and developmental disabilities;	27578

(b) Seven dollars and fifty cents per patient day if the	27579
beds were originally licensed as nursing home beds by the	27580
department of health.	27581

(13) For facilities with dates of licensure after December	27582
31, 1986, but prior to January 1, 1988, not exceeding:	27583

(a) Twelve dollars and ninety-nine cents per patient day if	27584
the beds were originally licensed as residential facility beds by	27585
the department of mental retardation and developmental	27586
disabilities;	27587

(b) Seven dollars and sixty-seven cents per patient day if	27588
the beds were originally licensed as nursing home beds by the	27589
department of health.	27590

(14) For facilities with dates of licensure after December	27591
31, 1987, but prior to January 1, 1989, not exceeding thirteen	27592
dollars and twenty-six cents per patient day;	27593

(15) For facilities with dates of licensure after December	27594
31, 1988, but prior to January 1, 1990, not exceeding thirteen	27595
dollars and forty-six cents per patient day;	27596

(16) For facilities with dates of licensure after December	27597
31, 1989, but prior to January 1, 1991, not exceeding thirteen	27598
dollars and sixty cents per patient day;	27599

(17) For facilities with dates of licensure after December	27600
31, 1990, but prior to January 1, 1992, not exceeding thirteen	27601
dollars and forty-nine cents per patient day;	27602

(18) For facilities with dates of licensure after December	27603
31, 1991, but prior to January 1, 1993, not exceeding thirteen	27604
dollars and sixty-seven cents per patient day;	27605

(19) For facilities with dates of licensure after December	27606
31, 1992, not exceeding fourteen dollars and twenty-eight cents	27607
per patient day.	27608

(D) Beginning January 1, 1981, regardless of the original	27609
date of licensure, the department of job and family services shall	27610
pay a rate for the per diem capitalized costs of renovations to	27611
intermediate care facilities for the mentally retarded made after	27612
January 1, l981, not exceeding six dollars per patient day using	27613
1980 as the base year and adjusting the amount annually until June	27614
30, 1993, for fluctuations in construction costs calculated by the	27615
department using the "Dodge building cost indexes, northeastern	27616
and north central states," published by Marshall and Swift. The	27617
payment provided for in this division is the only payment that	27618
shall be made for the capitalized costs of a nonextensive	27619
renovation of an intermediate care facility for the mentally	27620
retarded. Nonextensive renovation costs shall not be included in	27621
cost of ownership, and a nonextensive renovation shall not affect	27622
the date of licensure for purposes of division (C) of this	27623
section. This division applies to nonextensive renovations	27624
regardless of whether they are made by an owner or a lessee. If	27625
the tenancy of a lessee that has made renovations ends before the	27626
depreciation expense for the renovation costs has been fully	27627
reported, the former lessee shall not report the undepreciated	27628
balance as an expense.	27629

For a nonextensive renovation to qualify for payment under	27630
this division, both of the following conditions must be met:	27631

(1) At least five years have elapsed since the date of	27632
licensure or date of an extensive renovation of the portion of the	27633
facility that is proposed to be renovated, except that this	27634
condition does not apply if the renovation is necessary to meet	27635
the requirements of federal, state, or local statutes, ordinances,	27636
rules, or policies.	27637

(2) The provider has obtained prior approval from the	27638
department of job and family services. The provider shall submit	27639
a plan that describes in detail the changes in capital assets to	27640
be accomplished by means of the renovation and the timetable for	27641
completing the project. The time for completion of the project	27642
shall be no more than eighteen months after the renovation begins.	27643
The director of job and family services shall adopt rules in	27644
accordance with Chapter 119. of the Revised Code that specify	27645
criteria and procedures for prior approval of renovation projects.	27646
No provider shall separate a project with the intent to evade the	27647
characterization of the project as a renovation or as an extensive	27648
renovation. No provider shall increase the scope of a project	27649
after it is approved by the department of job and family services	27650
unless the increase in scope is approved by the department.	27651

(E) The amounts specified in divisions (C) and (D) of this	27652
section shall be adjusted beginning July 1, 1993, for the	27653
estimated inflation for the twelve-month period beginning on the	27654
first day of July of the calendar year preceding the calendar year	27655
that precedes the fiscal year for which rate will be paid and	27656
ending on the thirtieth day of the following June, using the	27657
consumer price index for shelter costs for all urban consumers for	27658
the north central region, as published by the United States bureau	27659
of labor statistics.	27660

(F)(1) For facilities of eight or fewer beds that have dates	27661
of licensure or have been granted project authorization by the	27662
department of mental retardation and developmental disabilities	27663
before July 1, 1993, and for facilities of eight or fewer beds	27664
that have dates of licensure or have been granted project	27665
authorization after that date if the facilities demonstrate that	27666
they made substantial commitments of funds on or before that date,	27667
cost of ownership shall not exceed eighteen dollars and thirty	27668
cents per resident per day. The eighteen-dollar and thirty-cent	27669
amount shall be increased by the change in the "Dodge building	27670
cost indexes, northeastern and north central states," published by	27671
Marshall and Swift, during the period beginning June 30, 1990, and	27672
ending July 1, 1993, and by the change in the consumer price index	27673
for shelter costs for all urban consumers for the north central	27674
region, as published by the United States bureau of labor	27675
statistics, annually thereafter.	27676

(2) For facilities with eight or fewer beds that have dates	27677
of licensure or have been granted project authorization by the	27678
department of mental retardation and developmental disabilities on	27679
or after July 1, 1993, for which substantial commitments of funds	27680
were not made before that date, cost of ownership payments shall	27681
not exceed the applicable amount calculated under division (F)(1)	27682
of this section, if the department of job and family services	27683
gives prior approval for construction of the facility. If the	27684
department does not give prior approval, cost of ownership	27685
payments shall not exceed the amount specified in division (C) of	27686
this section.	27687

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	27688
section, the total payment for cost of ownership, cost of	27689
ownership efficiency incentive, and capitalized costs of	27690
renovations for an intermediate care facility for the mentally	27691
retarded with eight or fewer beds shall not exceed the sum of the	27692
limitations specified in divisions (C) and (D) of this section.	27693

(G) Notwithstanding any provision of this section or section	27694
5111.24 of the Revised Code, the director of job and family	27695
services may adopt rules in accordance with Chapter 119. of the	27696
Revised Code that provide for a calculation of a combined maximum	27697
payment limit for indirect care costs and cost of ownership for	27698
intermediate care facilities for the mentally retarded with eight	27699
or fewer beds.	27700

(H) After June 30, 1980, the owner of an intermediate care	27701
facility for the mentally retarded operating under a provider	27702
agreement shall provide written notice to the department of job	27703
and family services at least forty-five days prior to entering	27704
into any contract of sale for the facility or voluntarily	27705
terminating participation in the medical assistance program. After	27706
the date on which a transaction of sale of an intermediate care	27707
facility for the mentally retarded is closed, the owner of the	27708
facility shall refund to the department the amount of excess	27709
depreciation paid to the facility by the department for each year	27710
the owner has operated the facility under a provider agreement and	27711
prorated according to the number of medicaid patient days for	27712
which the facility has received payment. If an intermediate care	27713
facility for the mentally retarded is sold after five or fewer	27714
years of operation under a provider agreement, the refund to the	27715
department shall be equal to the excess depreciation paid to the	27716
facility. If an intermediate care facility for the mentally	27717
retarded is sold after more than five years but less than ten	27718
years of operation under a provider agreement, the refund to the	27719
department shall equal the excess depreciation paid to the	27720
facility multiplied by twenty per cent, multiplied by the number	27721
of years less than ten that a facility was operated under a	27722
provider agreement. If an intermediate care facility for the	27723
mentally retarded is sold after ten or more years of operation	27724
under a provider agreement, the owner shall not refund any excess	27725
depreciation to the department. For the purposes of this	27726
division, "depreciation paid to the facility" means the amount	27727
paid to the intermediate care facility for the mentally retarded	27728
for cost of ownership pursuant to this section less any amount	27729
paid for interest costs. For the purposes of this division,	27730
"excess depreciation" is the intermediate care facility for the	27731
mentally retarded's depreciated basis, which is the owner's cost	27732
less accumulated depreciation, subtracted from the purchase price	27733
but not exceeding the amount of depreciation paid to the facility.	27734

A cost report shall be filed with the department within	27735
ninety days after the date on which the transaction of sale is	27736
closed or participation is voluntarily terminated for an	27737
intermediate care facility for the mentally retarded subject to	27738
this division. The report shall show the accumulated	27739
depreciation, the sales price, and other information required by	27740
the department. The amount of the last two monthly payments to an	27741
intermediate care facility for the mentally retarded made pursuant	27742
to division (A)(1) of section 5111.22 of the Revised Code before a	27743
sale or voluntary termination of participation shall be held in	27744
escrow by a bank, trust company, or savings and loan association,	27745
except that if the amount the owner will be required to refund	27746
under this section is likely to be less than the amount of the	27747
last two monthly payments, the department shall take one of the	27748
following actions instead of withholding the amount of the last	27749
two monthly payments:	27750

(1) In the case of an owner that owns other facilities that	27751
participate in the medical assistance program, obtain a promissory	27752
note in an amount sufficient to cover the amount likely to be	27753
refunded;	27754

(2) In the case of all other owners, withhold the amount of	27755
the last monthly payment to the intermediate care facility for the	27756
mentally retarded.	27757

The department shall, within ninety days following the filing	27758
of the cost report, audit the report and issue an audit report to	27759
the owner. The department also may audit any other cost reports	27760
for the facility that have been filed during the previous three	27761
years. In the audit report, the department shall state its	27762
findings and the amount of any money owed to the department by the	27763
intermediate care facility for the mentally retarded. The	27764
findings shall be subject to an adjudication conducted in	27765
accordance with Chapter 119. of the Revised Code. No later than	27766
fifteen days after the owner agrees to a settlement, any funds	27767
held in escrow less any amounts due to the department shall be	27768
released to the owner and amounts due to the department shall be	27769
paid to the department. If the amounts in escrow are less than	27770
the amounts due to the department, the balance shall be paid to	27771
the department within fifteen days after the owner agrees to a	27772
settlement. If the department does not issue its audit report	27773
within the ninety-day period, the department shall release any	27774
money held in escrow to the owner. For the purposes of this	27775
section, a transfer of corporate stock, the merger of one	27776
corporation into another, or a consolidation does not constitute a	27777
sale.	27778

If an intermediate care facility for the mentally retarded is	27779
not sold or its participation is not terminated after notice is	27780
provided to the department under this division, the department	27781
shall order any payments held in escrow released to the facility	27782
upon receiving written notice from the owner that there will be no	27783
sale or termination of participation. After written notice is	27784
received from an intermediate care facility for the mentally	27785
retarded that a sale or termination of participation will not take	27786
place, the facility shall provide notice to the department at	27787
least forty-five days prior to entering into any contract of sale	27788
or terminating participation at any future time.	27789

(I) The department of job and family services shall pay each	27790
eligible proprietary intermediate care facility for the mentally	27791
retarded a return on the facility's net equity computed at the	27792
rate of one and one-half times the average of interest rates on	27793
special issues of public debt obligations issued to the federal	27794
hospital insurance trust fund for the cost reporting period. No	27795
facility's return on net equity paid under this division shall	27796
exceed one dollar per patient day.	27797

In calculating the rate for return on net equity, the	27798
department shall use the greater of the facility's inpatient days	27799
during the applicable cost reporting period or the number of	27800
inpatient days the facility would have had during that period if	27801
its occupancy rate had been ninety-five per cent.	27802

(J)(1) Except as provided in division (J)(2) of this	27803
section, if a provider leases or transfers an interest in a	27804
facility to another provider who is a related party, the related	27805
party's allowable cost of ownership shall include the lesser of	27806
the following:	27807

(a) The annual lease expense or actual cost of ownership,	27808
whichever is applicable;	27809

(b) The reasonable cost to the lessor or provider making the	27810
transfer.	27811

(2) If a provider leases or transfers an interest in a	27812
facility to another provider who is a related party, regardless of	27813
the date of the lease or transfer, the related party's allowable	27814
cost of ownership shall include the annual lease expense or actual	27815
cost of ownership, whichever is applicable, subject to the	27816
limitations specified in divisions (B) to (I) of this section, if	27817
all of the following conditions are met:	27818

(a) The related party is a relative of owner;

27819

(b) In the case of a lease, if the lessor retains any	27820
ownership interest, it is, except as provided in division	27821
(J)(2)(d)(ii) of this section, in only the real property and any	27822
improvements on the real property;	27823

(c) In the case of a transfer, the provider making the	27824
transfer retains, except as provided in division (J)(2)(d)(iv) of	27825
this section, no ownership interest in the facility;	27826

(d) The department of job and family services determines	27827
that the lease or transfer is an arm's length transaction pursuant	27828
to rules the department shall adopt in accordance with Chapter	27829
119. of the Revised Code no later than December 31, 2000. The	27830
rules shall provide that a lease or transfer is an arm's length	27831
transaction if all of the following, as applicable, apply:	27832

(i) In the case of a lease, once the lease goes into effect,	27833
the lessor has no direct or indirect interest in the lessee or,	27834
except as provided in division (J)(2)(b) of this section, the	27835
facility itself, including interest as an owner, officer,	27836
director, employee, independent contractor, or consultant, but	27837
excluding interest as a lessor.	27838

(ii) In the case of a lease, the lessor does not reacquire	27839
an interest in the facility except through the exercise of a	27840
lessor's rights in the event of a default. If the lessor	27841
reacquires an interest in the facility in this manner, the	27842
department shall treat the facility as if the lease never occurred	27843
when the department calculates its reimbursement rates for capital	27844
costs.	27845

(iii) In the case of a transfer, once the transfer goes into	27846
effect, the provider that made the transfer has no direct or	27847
indirect interest in the provider that acquires the facility or	27848
the facility itself, including interest as an owner, officer,	27849
director, employee, independent contractor, or consultant, but	27850
excluding interest as a creditor.	27851

(iv) In the case of a transfer, the provider that made the	27852
transfer does not reacquire an interest in the facility except	27853
through the exercise of a creditor's rights in the event of a	27854
default. If the provider reacquires an interest in the facility	27855
in this manner, the department shall treat the facility as if the	27856
transfer never occurred when the department calculates its	27857
reimbursement rates for capital costs.	27858

(v) The lease or transfer satisfies any other criteria	27859
specified in the rules.	27860

(e) Except in the case of hardship caused by a catastrophic	27861
event, as determined by the department, or in the case of a lessor	27862
or provider making the transfer who is at least sixty-five years	27863
of age, not less than twenty years have elapsed since, for the	27864
same facility, allowable cost of ownership was determined most	27865
recently under this division.	27866

Sec. 5111.255.  (A) The department of job and family	27867
services shall establish initial rates for a nursing facility or	27868
intermediate care facility for the mentally retarded with a first	27869
date of licensure that is on or after January 1, 1993, including a	27870
facility that replaces one or more existing facilities, or for a	27871
nursing facility or intermediate care facility for the mentally	27872
retarded with a first date of licensure before that date that was	27873
initially certified for the medical assistance program on or after	27874
that date, in the following manner:	27875

(1) The rate for direct care costs shall be determined as	27876
follows:	27877

(a) If there are no cost or resident assessment data as	27878
necessary to calculate a rate under section 5111.23 of the Revised	27879
Code, the rate shall be the median cost per case-mix unit	27880
calculated under division (B)(1) of that section for the relevant	27881
peer group for the calendar year preceding the fiscal year in	27882
which the rate will be paid, multiplied by the median annual	27883
average case-mix score for the peer group for that period and by	27884
the rate of inflation estimated under division (B)(5) of that	27885
section. This rate shall be recalculated to reflect the	27886
facility's actual quarterly average case-mix score, in accordance	27887
with that section, after it submits its first quarterly assessment	27888
information that qualifies for use in calculating a case-mix score	27889
in accordance with rules adopted under division (D)(E) of section	27890
5111.231 of the Revised Code. In recalculating a nursing	27891
facility's rate for services provided on or after July 1, 2001,	27892
the department shall use the nursing facility's actual quarterly	27893
average case-mix score for each resident who is a medicaid	27894
recipient. In recalculating an intermediate care facility for the	27895
mentally retarded's rate, the department shall use the facility's	27896
actual quarterly average case-mix score for each resident,	27897
regardless of payment source. If the facility's a nursing	27898
facility or intermediate care facility for the mentally retarded's	27899
first two quarterly submissions do not contain assessment	27900
information that qualifies for use in calculating a case-mix	27901
score, the department shall continue to calculate the rate using	27902
the median annual case-mix score for the peer group in lieu of an	27903
assigned quarterly case-mix score. The department shall assign a	27904
case-mix score or, if necessary, a cost per case-mix unit under	27905
division (C)(D) of section 5111.231 of the Revised Code for any	27906
subsequent submissions that do not contain assessment information	27907
that qualifies for use in calculating a case-mix score.	27908

(b) If the facility is a replacement facility and the	27909
facility or facilities that are being replaced are in operation	27910
immediately before the replacement facility opens, the rate shall	27911
be the same as the rate for the replaced facility or facilities,	27912
proportionate to the number of beds in each replaced facility. If	27913
one or more of the replaced facilities is not in operation	27914
immediately before the replacement facility opens, its proportion	27915
shall be determined under division (A)(1)(a) of this section.	27916

(2) The rate for other protected costs shall be one hundred	27917
fifteen per cent of the median rate for the applicable type of	27918
facility calculated for the fiscal year under section 5111.235 of	27919
the Revised Code.	27920

(3) The rate for indirect care costs shall be the applicable	27921
maximum rate for the facility's peer group as specified in	27922
division (B) of section 5111.24 or division (B) of section	27923
5111.241 of the Revised Code.	27924

(4) The rate for capital costs for nursing facility services	27925
provided on or after July 1, 2001, shall be determined under	27926
section 5111.25 of the Revised Code using licensed bed days	27927
available.	27928

(5) The rate for capital costs for intermediate care	27929
facility services for the mentally retarded shall be determined	27930
under section 5111.25 or 5111.251 of the Revised Code using the	27931
greater of actual inpatient days or an imputed occupancy rate of	27932
eighty per cent.	27933

(B) The department shall adjust the rates established under	27934
division (A) of this section at both of the following times:	27935

(1) Effective the first day of July, to reflect new rate	27936
calculations for all facilities under sections 5111.23 to 5111.25	27937
and 5111.251 of the Revised Code;	27938

(2) Following the facility's submission of its cost report	27939
under division (A)(1)(b) of section 5111.26 of the Revised Code.	27940

The department shall pay the rate adjusted based on the cost	27941
report beginning the first day of the calendar quarter that begins	27942
more than ninety days after the department receives the cost	27943
report.	27944

Sec. 5111.28.  (A) If a provider properly amends its cost	27945
report under section 5111.27 of the Revised Code and the amended	27946
report shows that the provider received a lower rate under the	27947
original cost report than it was entitled to receive, the	27948
department shall adjust the provider's rate prospectively to	27949
reflect the corrected information. The department shall pay the	27950
adjusted rate beginning two months after the first day of the	27951
month after the provider files the amended cost report. If the	27952
department finds, from an exception review of resident assessment	27953
information conducted after the effective date of the rate for	27954
direct care costs that is based on the assessment information,	27955
that inaccurate assessment information resulted in the provider	27956
receiving a lower rate than it was entitled to receive, the	27957
department prospectively shall adjust the provider's rate	27958
accordingly and shall make payments using the adjusted rate for	27959
the remainder of the calendar quarter for which the assessment	27960
information is used to determine the rate, beginning one month	27961
after the first day of the month after the exception review is	27962
completed.	27963

(B) If the provider properly amends its cost report under	27964
section 5111.27 of the Revised Code, the department makes a	27965
finding based on an audit under that section, or the department	27966
makes a finding based on an exception review of resident	27967
assessment information conducted under that section after the	27968
effective date of the rate for direct care costs that is based on	27969
the assessment information, any of which results in a	27970
determination that the provider has received a higher rate than it	27971
was entitled to receive, the department shall recalculate the	27972
provider's rate using the revised information. The department	27973
shall apply the recalculated rate to the periods when the provider	27974
received the incorrect rate to determine the amount of the	27975
overpayment. The provider shall refund the amount of the	27976
overpayment.	27977

In addition to requiring a refund under this division, the	27978
department may charge the provider interest at the applicable rate	27979
specified in this division from the time the overpayment was made.	27980

(1) If the overpayment resulted from costs reported for	27981
calendar year 1993, the interest shall be no greater than one and	27982
one-half times the average bank prime rate.	27983

(2) If the overpayment resulted from costs reported for	27984
subsequent calendar years:	27985

(a) The interest shall be no greater than two times the	27986
average bank prime rate if the overpayment was equal to or less	27987
than one per cent of the total medicaid payments to the provider	27988
for the fiscal year for which the incorrect information was used	27989
to establish a rate.	27990

(b) The interest shall be no greater than two and one-half	27991
times the current average bank prime rate if the overpayment was	27992
greater than one per cent of the total medicaid payments to the	27993
provider for the fiscal year for which the incorrect information	27994
was used to establish a rate.	27995

(3) The department shall determine the average bank prime	27996
rate using statistical release H.15, "selected interest rates," a	27997
weekly publication of the federal reserve board, or any successor	27998
publication. If statistical release H.15, or its successor,	27999
ceases to contain the bank prime rate information or ceases to be	28000
published, the department shall request a written statement of the	28001
average bank prime rate from the federal reserve bank of Cleveland	28002
or the federal reserve board.	28003

(C) The department also may impose the following penalties:

28004

(1) If a provider does not furnish invoices or other	28005
documentation that the department requests during an audit within	28006
sixty days after the request, no more than the greater of one	28007
thousand dollars per audit or twenty-five per cent of the	28008
cumulative amount by which the costs for which documentation was	28009
not furnished increased the total medicaid payments to the	28010
provider during the fiscal year for which the costs were used to	28011
establish a rate;	28012

(2) If an owner operator fails to provide notice of sale of	28013
the facility or voluntary termination of participation in the	28014
medical assistance program, as closure in the time required by	28015
section 5111.25 or 5111.251 3721.19 or 5123.195 of the Revised	28016
Code, or to provide notice of change of operator under section	28017
5111.34 of the Revised Code in the time provided in division (A)	28018
of section 5111.341 of the Revised Code, no more than two per cent	28019
of the last the current average bank prime rate plus four per cent	28020
of two monthly month's average payments to the operator under the	28021
medical assistance program.	28022

(D) If the provider continues to participate in the medical	28023
assistance program, the department shall deduct any amount that	28024
the provider is required to refund under this section, and the	28025
amount of any interest charged or penalty imposed under this	28026
section, from the next available payment from the department to	28027
the provider. The department and the provider may enter into an	28028
agreement under which the amount, together with interest, is	28029
deducted in installments from payments from the department to the	28030
provider. If the provider does not continue to participate in the	28031
medical assistance program, the department shall deduct any amount	28032
that the provider is required to refund under this section, and	28033
the amount of any interest charged or penalty imposed under this	28034
section, from the amount withheld under division (A) of section	28035
5111.348 of the Revised Code and any security provided to the	28036
department under that section.	28037

(E) The department shall transmit refunds and penalties to	28038
the treasurer of state for deposit in the general revenue fund.	28039

(F) For the purpose of this section, the department shall	28040
determine the average bank prime rate using statistical release	28041
H.15, "selected interest rates," a weekly publication of the	28042
federal reserve board, or any successor publication. If	28043
statistical release H.15, or its successor, ceases to contain the	28044
bank prime rate information or ceases to be published, the	28045
department shall request a written statement of the average bank	28046
prime rate from the federal reserve bank of Cleveland or the	28047
federal reserve board.	28048

Sec. 5111.29.  (A) The director of job and family services	28049
shall adopt rules in accordance with Chapter 119. of the Revised	28050
Code that establish a process under which a nursing facility or	28051
intermediate care facility for the mentally retarded, or a group	28052
or association of facilities, may seek reconsideration of rates	28053
established under sections 5111.23 to 5111.28 of the Revised Code,	28054
including a rate for direct care costs recalculated before the	28055
effective date of the rate as a result of an exception review of	28056
resident assessment information conducted under section 5111.27 of	28057
the Revised Code.	28058

(1) Except as provided in divisions (A)(2) to (4) of this	28059
section, the only issue that a facility, group, or association may	28060
raise in the rate reconsideration shall be whether the rate was	28061
calculated in accordance with sections 5111.23 to 5111.28 of the	28062
Revised Code and the rules adopted under those sections. The	28063
rules shall permit a facility, group, or association to submit	28064
written arguments or other materials that support its position.	28065
The rules shall specify time frames within which the facility,	28066
group, or association and the department must act. If the	28067
department determines, as a result of the rate reconsideration,	28068
that the rate established for one or more facilities is less than	28069
the rate to which it is entitled, the department shall increase	28070
the rate. If the department has paid the incorrect rate for a	28071
period of time, the department shall pay the facility the	28072
difference between the amount it was paid for that period and the	28073
amount it should have been paid.	28074

(2) The rules shall provide that during a fiscal year, the	28075
department, by means of the rate reconsideration process, may	28076
increase a facility's rate as calculated under sections 5111.23 to	28077
5111.28 of the Revised Code if the facility demonstrates that its	28078
actual, allowable costs have increased because of extreme	28079
circumstances. A facility may qualify for a rate increase only if	28080
its per diem, actual, allowable costs have increased to a level	28081
that exceeds its total rate, including any efficiency incentive	28082
and return on equity payment. The rules shall specify the	28083
circumstances that would justify a rate increase under division	28084
(A)(2) of this section. The In the case of nursing facilities, the	28085
rules shall provide that the extreme circumstances include	28086
increased security costs for an inner-city nursing facility and do	28087
not include either of the following: an increase in workers'	28088
compensation experience rating or a change of operator that	28089
results from bankruptcy, foreclosure, or findings of violations of	28090
certification requirements by the department of health. In the	28091
case of intermediate care facilities for the mentally retarded,	28092
the rules shall provide that the extreme circumstances include,	28093
but are not limited to, renovations approved under division (D) of	28094
section 5111.251 of the Revised Code, an increase in workers'	28095
compensation experience rating of greater than five per cent for a	28096
facility that has an appropriate claims management program,	28097
increased security costs for an inner-city facility, and a change	28098
of ownership operator that results from bankruptcy, foreclosure,	28099
or findings of violations of certification requirements by the	28100
department of health. An increase under division (A)(2) of this	28101
section is subject to any rate limitations or maximum rates	28102
established by sections 5111.23 to 5111.28 of the Revised Code for	28103
specific cost centers. Any rate increase granted under division	28104
(A)(2) of this section shall take effect on the first day of the	28105
first month after the department receives the request.	28106

(3) The rules shall provide that the department, through the	28107
rate reconsideration process, may increase a facility's rate as	28108
calculated under sections 5111.23 to 5111.28 of the Revised Code	28109
if the department, in its sole discretion, determines that the	28110
rate as calculated under those sections works an extreme hardship	28111
on the facility.	28112

(4) The rules shall provide that when beds certified for the	28113
medical assistance program are added to an existing facility,	28114
replaced at the same site, or subject to a change of ownership or	28115
lease operator, the department, through the rate reconsideration	28116
process, shall increase the facility's rate for capital costs	28117
proportionately, as limited by any applicable limitation under	28118
section 5111.25 or 5111.251 of the Revised Code, to account for	28119
the costs of the beds that are added, replaced, or subject to a	28120
change of ownership or lease operator. The department shall make	28121
this increase one month after the first day of the month after the	28122
department receives sufficient documentation of the costs. Any	28123
rate increase granted under division (A)(4) of this section after	28124
June 30, 1993, shall remain in effect until the effective date of	28125
a rate calculated under section 5111.25 or 5111.251 of the Revised	28126
Code that includes costs incurred for a full calendar year for the	28127
bed addition, bed replacement, or change of ownership or lease	28128
operator. The facility shall report double accumulated	28129
depreciation in an amount equal to the depreciation included in	28130
the rate adjustment on its cost report for the first year of	28131
operation. During the term of any loan used to finance a project	28132
for which a rate adjustment is granted under division (A)(4) of	28133
this section, if the facility is operated by the same provider,	28134
the facility shall subtract from the interest costs it reports on	28135
its cost report an amount equal to the difference between the	28136
following:	28137

(a) The actual, allowable interest costs for the loan during	28138
the calendar year for which the costs are being reported;	28139

(b) The actual, allowable interest costs attributable to the	28140
loan that were used to calculate the rates paid to the facility	28141
during the same calendar year.	28142

(5) The department's decision at the conclusion of the	28143
reconsideration process shall not be subject to any administrative	28144
proceedings under Chapter 119. or any other provision of the	28145
Revised Code.	28146

(B) Any audit disallowance that the department makes as the	28147
result of an audit under section 5111.27 of the Revised Code, any	28148
adverse finding that results from an exception review of resident	28149
assessment information conducted under that section after the	28150
effective date of the facility's rate that is based on the	28151
assessment information, and any penalty the department imposes	28152
under division (C) of section 5111.28 of the Revised Code shall be	28153
subject to an adjudication conducted in accordance with Chapter	28154
119. of the Revised Code.	28155

Sec. 5111.34.  (A) Before a change of operator occurs, the	28156
exiting operator and entering operator shall each provide the	28157
department of job and family services written notice of the intent	28158
that the change of operator to occur.	28159

(B) The exiting operator shall provide all of the following	28160
in the written notice to the department:	28161

(1) The name of the exiting operator and, if any, exiting	28162
operator's authorized agent;	28163

(2) The name of the nursing facility or intermediate care	28164
facility for the mentally retarded to undergo the change of	28165
operator;	28166

(3) The exiting operator's medical assistance provider	28167
agreement number;	28168

(4) The name of the entering operator;

28169

(5) The proposed date that the change of operator is to	28170
occur;	28171

(6) The manner in which the entering operator is to become	28172
the facility's operator, including through sale, lease, merger, or	28173
other action;	28174

(7) If the manner in which the entering operator is to	28175
become the facility's operator involves more than one step, a	28176
description of each step;	28177

(8) The signature of the exiting operator's representative.

28178

(C) The entering operator shall include an application for	28179
a provider agreement with the written notice to the department.	28180
The entering operator shall attach to the application the	28181
following:	28182

(1) If the entering operator provides the written notice to	28183
the department prior to the date the exiting operator and entering	28184
operator complete the transaction for the change of operator, all	28185
the proposed leases, management agreements, and sales contracts	28186
relating to the facility's change of operator, as applicable to	28187
the change of operator;	28188

(2) If the entering operator provides the written notice to	28189
the department on or after the date the exiting operator and	28190
entering operator complete the transaction for the change of	28191
operator, copies of all the actual leases, management agreements,	28192
and sales contracts and supporting documents, relating to the	28193
facility's change of operator.	28194

Sec. 5111.341.  The department of job and family services	28195
may enter into a provider agreement with an entering operator that	28196
goes into effect at 12:01 a.m. on the date the change of operator	28197
occurs if all of the following requirements are met:	28198

(A) The exiting operator and entering operator comply with	28199
section 5111.34 of the Revised Code as follows:	28200

(1) At least forty-five days before the change of operator	28201
is to occur if the change of operator does not entail the	28202
relocation of residents;	28203

(2) At least ninety days before the change of operator is to	28204
occur if the change of operator entails the relocation of	28205
residents.	28206

(B) The entering operator furnishes to the department	28207
copies of all the fully executed leases, management agreements,	28208
and sales contracts and supporting documents relating to the	28209
nursing facility or intermediate care facility for the mentally	28210
retarded's change of operator not later than ten days after the	28211
change of operator occurs;	28212

(C) The entering operator is eligible for medicaid payments	28213
as provided in section 5111.21 of the Revised Code.	28214

Sec. 5111.342.  (A) The department of job and family	28215
services may enter into a provider agreement with an entering	28216
operator that goes into effect at 12:01 a.m. on the date	28217
determined under division (B) of this section if all of the	28218
following are the case:	28219

(1) The exiting operator and entering operator comply with	28220
section 5111.34 of the Revised Code;	28221

(2) The entering operator furnishes to the department copies	28222
of all the fully executed leases, management agreements, and sales	28223
contracts and supporting documents relating to the nursing	28224
facility or intermediate care facility for the mentally retarded's	28225
change of operator;	28226

(3) The requirement of division (A)(1) of this section is	28227
met after the time provided in division (A) of section 5111.341 of	28228
the Revised Code or the requirement of division (A)(2) of this	28229
section is met after the time provided in division (B) of section	28230
5111.341 of the Revised Code, or both;	28231

(4) The entering operator is eligible for medicaid payments	28232
as provided in section 5111.21 of the Revised Code.	28233

(B) The department shall determine the date a provider	28234
agreement entered into under this section is to go into effect as	28235
follows:	28236

(1) The effective date shall give the department sufficient	28237
time to process the change of operator, assure no duplicate	28238
payments are made, make the withholding required by section	28239
5111.348 of the Revised Code, and withhold the final payment to	28240
the exiting operator until ninety days after the exiting operator	28241
submits to the department a properly completed cost report under	28242
section 5111.349 of the Revised Code.	28243

(2) The effective date shall be no earlier than the date by	28244
which the exiting operator and entering operator have complied	28245
with section 5111.34 of the Revised Code and no later than the	28246
following after that date:	28247

(a) Forty-five days if the change of operator does not	28248
entail the relocation of residents;	28249

(b) Ninety days if the change of operator entails the	28250
relocation of residents.	28251

Sec. 5111.343.  A provider agreement that the department of	28252
job and family services enters into with an entering operator	28253
under section 5111.341 or 5111.342 of the Revised Code shall	28254
satisfy all of the following requirements:	28255

(A) Comply with all applicable federal statutes and	28256
regulations;	28257

(B) Comply with section 5111.22 of the Revised Code and all	28258
other applicable state statutes and rules;	28259

(C) Include all the terms and conditions of the exiting	28260
operator's provider agreement, including, but not limited to, all	28261
of the following:	28262

(1) Any plan of correction;

28263

(2) Compliance with health and safety standards;

28264

(3) Compliance with the ownership and financial interest	28265
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	28266

(4) Compliance with the civil rights requirements of 45	28267
C.F.R. parts 80, 84, and 90;	28268

(5) Compliance with additional requirements imposed by the	28269
department;	28270

(6) Any sanctions relating to remedies for violation of the	28271
provider agreement, including deficiencies, compliance periods,	28272
accountability periods, monetary penalties, notification for	28273
correction of contract violations, and history of deficiencies.	28274

(D) Require the entering operator to assume the exiting	28275
operator's remaining debt to the department that the department is	28276
unable to collect from the exiting operator;	28277

(E) Have a different provider number than the exiting	28278
operator's provider agreement.	28279

Sec. 5111.344.  The department of job and family services may	28280
enter into a provider agreement as provided in section 5111.22 of	28281
the Revised Code, rather than section 5111.341 or 5111.342 of the	28282
Revised Code, if the entering operator does not agree to a	28283
provider agreement that satisfies the requirement of division (D)	28284
of section 5111.343 of the Revised Code. The department may not	28285
enter into the provider agreement unless the department of health	28286
recertifies the nursing facility or intermediate care facility for	28287
the mentally retarded under Title XIX of the "Social Security	28288
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended. The	28289
effective date of the provider agreement shall not precede the	28290
date of the facility's recertification.	28291

Sec. 5111.345.  For purposes of the medicaid program, an	28292
exiting operator shall be considered to be the operator of a	28293
nursing facility or intermediate care facility for the mentally	28294
retarded until the effective date of the entering operator's	28295
provider agreement. The department of job and family services is	28296
not responsible for payments made to the exiting operator before	28297
the effective date of the entering operator's provider agreement.	28298
No rate adjustment resulting from the change of operator shall be	28299
effective before the effective date of the entering operator's	28300
provider agreement.	28301

Sec. 5111.346.  Neither of the following shall effect the	28302
department of job and family services' determination of whether or	28303
when a change of operator occurs, a payment under the medicaid	28304
program to an exiting operator or entering operator, or the	28305
effective date of an entering operator's provider agreement under	28306
section 5111.341 or 5111.342 of the Revised Code:	28307

(A) The department of health's determination that a change	28308
of operator has or has not occurred for purposes of certification	28309
under Title XIX of the "Social Security Act," 79 Stat. 286 (1965),	28310
42 U.S.C.A. 1396, as amended, or licensure under Chapter 3107. of	28311
the Revised Code;	28312

(B) The department of mental retardation and developmental	28313
disabilities' determination that a change of operator has or has	28314
not occurred for purposes of licensure under section 5123.19 of	28315
the Revised Code.	28316

Sec. 5111.347.  On receipt of a written notice under	28317
section 5111.34 of the Revised Code of an intended change of	28318
operator or written notice under section 3721.19 or 5123.195 of	28319
the Revised Code of an intended facility closure, the department	28320
of job and family services shall determine the amount of any	28321
overpayments made under the medicaid program to the exiting	28322
operator, including overpayments the exiting operator disputes,	28323
and other actual and potential debts the exiting operator owes or	28324
may owe to the department under the medicaid program. The	28325
department shall determine the amount of any overpayments by	28326
settlement or final rate recalculation. If a settlement is	28327
unavailable for any period before the effective date of the	28328
entering operator's provider agreement or the date of the facility	28329
closure, the department shall make a reasonable estimate of any	28330
overpayment for the period. The department shall base the	28331
reasonable estimate on settlements from prior periods, available	28332
audit findings, the projected impact of prospective rates, and	28333
other information available to the department. In determining the	28334
exiting operator's other actual and potential debts to the	28335
department under the medicaid program, the department shall	28336
include all of the following:	28337

(A) Refunds due the department under division (G) of section	28338
5111.25 of the Revised Code or division (H) of section 5111.251 of	28339
the Revised Code for excess depreciation;	28340

(B) Interest owed to the department;

28341

(C) Final civil monetary and other penalties for which all	28342
right of appeal has been exhausted;	28343

(D) Third-party liabilities;

28344

(E) Money owed the department from a final rate	28345
recalculation for the last fiscal year or portion thereof in which	28346
the exiting operator participated in the medicaid program;	28347

(F) A billings and claims reconciliation.

28348

Sec. 5111.348.  (A) Notwithstanding division (D) of section	28349
5111.27 of the Revised Code, the department of job and family	28350
services shall withhold the greater of the following from payment	28351
due an exiting operator under the medicaid program:	28352

(1) The total amount, as determined under section 5111.347	28353
of the Revised Code, of any overpayments made under the medicaid	28354
program to the exiting operator, including overpayments the	28355
exiting operator disputes, and other actual and potential debts	28356
the exiting operator owes or may owe to the department under the	28357
medicaid program;	28358

(2) The average monthly payment made under the medicaid	28359
program to the exiting operator in the twelve months before the	28360
change of operator or facility closure occurs.	28361

(B) The department may transfer the amount withheld under	28362
division (A) of this section to an escrow account with a bank,	28363
trust company, or savings and loan association.	28364

(C) If payment due an exiting operator under the medicaid	28365
program is less than the amount the department is required to	28366
withhold under division (A) of this section, the department may	28367
require that the exiting operator provide the difference in the	28368
form of a security.	28369

(D) The department shall release to the exiting operator the	28370
actual amount withheld under division (A) of this section if the	28371
exiting operator does both of the following:	28372

(1) Files a complete and adequate cost report in accordance	28373
with section 5111.349 of the Revised Code;	28374

(2) Provides the department a security in the amount the	28375
department is required to withhold under division (A) of this	28376
section, less any of that amount provided to the department in the	28377
form of a security under division (C) of this section.	28378

(E) Security provided to the department under division (C)	28379
or (D) of this section shall be in either or both of the following	28380
forms:	28381

(1) In the case of a change of operator, the entering	28382
operator's nontransferable, unconditional, written agreement to	28383
pay the department any debt the exiting operator owes the	28384
department under the medicaid program;	28385

(2) A form of collateral or security acceptable to the	28386
department that satisfies both of the following conditions:	28387

(a) Is at least equal to the amount the department is	28388
required to withhold under division (A) of this section, less any	28389
amounts the department has received through actual withholding or	28390
one or more other forms of security under this division;	28391

(b) Is payable to the department if the exiting operator	28392
fails to pay any debt owed the department under the medicaid	28393
program within fifteen days of receiving the department's written	28394
demand for payment of the debt.	28395

Sec. 5111.349.  Not later than ninety days after the	28396
effective date of an entering operator's provider agreement or the	28397
date of a facility closure, the exiting operator shall file with	28398
the department of job and family services a cost report for the	28399
period that begins with the day after the last day covered by the	28400
operator's most recent previous cost report required by section	28401
5111.26 of the Revised Code and ends on the effective date of the	28402
entering operator's provider agreement or the date of the facility	28403
closure. The cost report shall include, as applicable, all of	28404
the following:	28405

(A) The nursing facility or intermediate care facility for	28406
the mentally retarded's accumulated depreciation and sales price;	28407

(B) A list of assets transferred to the entering operator;

28408

(C) Any other information the department requires.

28409

Sec. 5111.3410.  If an exiting operator fails to file a cost	28410
report with the department of job and family services in	28411
accordance with section 5111.349 of the Revised Code, all payments	28412
under the medicaid program for the period the cost report covers	28413
are deemed overpayments until the date the department receives the	28414
complete and adequate cost report. After notice and opportunity	28415
for a hearing in accordance with Chapter 119. of the Revised Code,	28416
the department may impose on the exiting operator a penalty of one	28417
hundred dollars for each calendar day the complete and adequate	28418
cost report is late.	28419

Sec. 5111.3411.  The department of job and family services	28420
may not provide an exiting operator final payment under the	28421
medicaid program until the department receives all complete and	28422
adequate cost reports the exiting operator must file under	28423
sections 5111.26 and 5111.349 of the Revised Code.	28424

Sec. 5111.3412.  The department of job and family services	28425
shall determine the actual amount of all final debts an exiting	28426
operator owes the department under the medicaid program by	28427
completing all audits not already completed and performing all	28428
other appropriation actions the department determines to be	28429
necessary. The department shall issue a report on this matter.	28430
The report shall include the department's findings and the amount	28431
of all final debts the exiting operator owes the department under	28432
the medicaid program. The report is subject to an appeal in	28433
accordance with Chapter 119. of the Revised Code.	28434

Sec. 5111.3413.  The department of job and family services	28435
shall release the actual amount withheld under division (A) of	28436
section 5111.348 of the Revised Code, and any security provided to	28437
the department under that section, less any amount the exiting	28438
operator owes the department under the medicaid program, as	28439
follows:	28440

(A) Ninety-one days after the date the exiting operator	28441
files a complete and adequate cost report required by section	28442
5111.349 of the Revised Code unless the department, within ninety	28443
days of that date, completes the report under section 5111.3412 of	28444
the Revised Code;	28445

(B) If the department completes the report within the ninety	28446
days, no later than fifteen days after the exiting operator agrees	28447
to a final settlement resulting from the report.	28448

Sec. 5111.3414.  If the actual amount the department of	28449
job and family services withholds from an exiting operator under	28450
division (A) of section 5111.348 of the Revised Code, and any	28451
security provided to the department under that section, is	28452
inadequate to pay the exiting operator's debt to the department	28453
under the medicaid program or the department is required to	28454
release the withholdings and security under section 5111.3413 of	28455
the Revised Code before the department is paid the exiting	28456
operator's debt, the department shall collect the debt as follows:	28457

(A) From the exiting operator;

28458

(B) If the department is unable to collect the entire debt	28459
from the exiting operator and the entering operator entered into a	28460
provider agreement under section 5111.341 or 5111.342 of the	28461
Revised Code, from the entering operator. The department may	28462
collect the remaining debt by withholding the amount due from	28463
payments to the entering operator under the medicaid program. The	28464
department may enter into an agreement with the entering operator	28465
under which the entering operator pays the remaining debt, with	28466
applicable interest, in installments from withholdings from the	28467
entering operator's payments under the medicaid program.	28468

Sec. 5111.3415.  If transactions leading to a change of	28469
operator are canceled or postponed for more than ninety days after	28470
the proposed date reported in the written notice required by	28471
section 5111.34 of the Revised Code, or a facility closure does	28472
not occur as reported in written notice required by section	28473
3721.19 or 5123.145 of the Revised Code, the department of job and	28474
family services shall release the amount withheld under division	28475
(A) of section 5111.348 of the Revised Code, and any security	28476
provided to the department under that section, on receipt of	28477
written notice from the exiting operator of the cancellation or	28478
postponement. After the department receives a written notice	28479
regarding a cancellation or postponement of a change of operator,	28480
the exiting operator and entering operator shall provide new	28481
written notice to the department under section 5111.34 of the	28482
Revised Code regarding any transactions leading to a change of	28483
operator at a future time. After the department receives a	28484
written notice regarding a cancellation or postponement of a	28485
facility closure, the exiting operator shall provide new written	28486
notice to the department under section 3721.19 or 5123.145 of the	28487
Revised Code regarding any transactions leading to a facility	28488
closure at a future time. The department, at its sole discretion,	28489
may release the amount withheld under division (A) of section	28490
5111.348 of the Revised Code, and any security provided to the	28491
department under that section, if transactions for a change of	28492
operator or facility closure are postponed for at least thirty	28493
days but less than ninety days beyond the originally proposed date	28494
for the change of operator or facility closure.	28495

Sec. 5111.58.  (A) If a nursing facility notifies the	28496
department of job and family services or a contracting agency, at	28497
any time during the six-month period following the exit interview	28498
of a survey that was the basis for citing a deficiency or	28499
deficiencies, that the deficiency or deficiencies have been	28500
substantially corrected in accordance with the plan of correction	28501
submitted and approved under section 5111.43 of the Revised Code,	28502
the department of health shall conduct a follow-up survey to	28503
determine whether the deficiency or deficiencies have been	28504
substantially corrected in accordance with the plan.	28505

(B) The department of job and family services or a	28506
contracting agency shall terminate a nursing facility's	28507
participation in the medical assistance program whenever the	28508
facility has not substantially corrected, within six months after	28509
the exit interview of the survey on the basis of which it was	28510
cited, a deficiency or deficiencies in accordance with the plan of	28511
correction submitted under section 5111.43 of the Revised Code, as	28512
determined by the department of health on the basis of a follow-up	28513
survey.	28514

(C) Unless the facility has substantially corrected the	28515
deficiency or deficiencies in accordance with the plan of	28516
correction, as determined by the department of health on the basis	28517
of a follow-up survey, the department of job and family services	28518
or contracting agency shall deliver to the facility, at least	28519
thirty days prior to the day that is six months after the exit	28520
interview, a written order terminating the facility's	28521
participation in the medical assistance program. The order shall	28522
take effect and the facility's participation shall terminate on	28523
the day that is six months after the exit interview. The order	28524
shall not take effect if, after it is delivered to the facility	28525
and prior to the effective date of the order, the department of	28526
health determines on the basis of a follow-up survey that the	28527
facility has corrected the deficiency or deficiencies.	28528

An order issued under this section is subject to appeal under	28529
Chapter 119. of the Revised Code; however, the order may take	28530
effect prior to or during the pendency of any hearing under that	28531
chapter. In that case, the department of job and family services	28532
or contracting agency shall provide the facility an opportunity	28533
for a hearing in accordance with section 5111.60 of the Revised	28534
Code.	28535

(D) Except as provided in division (E) of this section,	28536
whenever the department of job and family services or a	28537
contracting agency terminates a facility's participation in the	28538
medical assistance program pursuant to this section, the provider	28539
shall repay the department the federal share of all payments made	28540
by the department to the facility under the medical assistance	28541
program during the six-month period following the exit interview	28542
of the survey that was the basis for citing the deficiency or	28543
cluster of deficiencies. The provider shall repay the department	28544
within thirty days after the department repays to the federal	28545
government the federal share of payments made to the facility	28546
during that six-month period.	28547

(E) A provider is not required to repay the department of	28548
job and family services if either of the following is the case:	28549

(1) The facility has brought an appeal under Chapter 119. of	28550
the Revised Code of termination of its participation in the	28551
medical assistance program, except that the provider shall repay	28552
the department of job and family services within thirty days after	28553
the facility exhausts its right to appeal under that chapter.	28554

(2) The facility complied with the plan of correction	28555
approved by the department of health and the obligation to repay	28556
resulted from the department's failure to provide timely	28557
verification to the United States department of health and human	28558
services of the facility's compliance with the plan of correction.	28559

(F) If a provider's obligation to repay the department of	28560
job and family services under division (D) of this section results	28561
from disallowance of federal financial participation by the United	28562
States department of health and human services, the provider shall	28563
not be required to repay the department of job and family services	28564
until the federal disallowance becomes final.	28565

(G) Any fines paid under sections 5111.35 to 5111.62 of the	28566
Revised Code during any period for which the facility is required	28567
to repay the department of job and family services under division	28568
(D) of this section shall be offset against the amount the	28569
provider is required to repay the department for that period.	28570

(H) Prior to a change of ownership operator of a facility	28571
for which a provider has an obligation to repay the department of	28572
job and family services under division (D) of this section that	28573
has not become final, or has become final but not been paid, the	28574
department may do one or more of the following:	28575

(1) Require the provider to place money in escrow, or obtain	28576
a bond, in sufficient amount to indemnify the state against the	28577
provider's failure to repay the department after the change of	28578
ownership operator occurs;	28579

(2) Place a lien on the facility's real property;

28580

(3) Use any method to recover the payments that is available	28581
to the attorney general to recover payments on behalf of the	28582
department of job and family services.	28583

Sec. 5111.63. (A) As used in this section and in section	28584
5111.64 of the Revised Code:	28585

(1) "Facility" means a facility, or part of a facility,	28586
certified as a nursing facility or skilled nursing facility under	28587
Title XVIII or Title XIX of the "Social Security Act," 49 Stat.	28588
286 (1965), 42 U.S.C. 1395 and 1396, as amended. "Facility" does	28589
not include an intermediate care facility for the mentally	28590
retarded, as defined in section 5111.20 of the Revised Code.	28591

(2) "Transfer or discharge" means the movement of resident	28592
to a bed outside of the facility in which the resident resides,	28593
regardless of whether the bed is in the same physical plant.	28594
"Transfer or discharge" does not include the movement of a	28595
resident to a different bed in the same facility.	28596

(3) "Physician" means an individual authorized under Chapter	28597
4731. of the Revised Code to practice medicine and surgery or	28598
osteopathic medicine and surgery.	28599

(4) "Resident" means a resident of a facility who is one of	28600
the following:	28601

(a) A recipient of medicaid under section 5111.01 of the	28602
Revised Code;	28603

(b) A beneficiary under Title XVIII of the "Social Security	28604
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	28605

(B) The administrator of a facility may transfer or	28606
discharge a resident from the facility only under the following	28607
circumstances:	28608

(1) The welfare and needs of the resident cannot be met in	28609
the facility;	28610

(2) The resident's health has improved sufficiently so that	28611
the resident no longer needs the services provided by the	28612
facility;	28613

(3) The safety of individuals in the facility is	28614
endangered;	28615

(4) The health of individuals in the facility would	28616
otherwise be endangered;	28617

(5) The resident has failed, after reasonable and	28618
appropriate notice, to pay for a stay at the facility, regardless	28619
of the method of payment;	28620

(6) The facility ceases to operate;

28621

(7) The reason specified in division (C)(1) or (2) of	28622
section 3721.16 of the Revised Code.	28623

In the case of a transfer or discharge described in division	28624
(B)(1), (2), (3), (4), or (5) of this section, the transfer or	28625
discharge shall be documented in the resident's medical record. In	28626
the case of a transfer or discharge described in division (B)(1)	28627
or (2) of this section, the documentation shall be made by the	28628
resident's physician. In the case of a transfer or discharge	28629
described in division (B)(4) of this section, the documentation	28630
shall be made by a physician. In the case of a transfer or	28631
discharge described in division (B)(5) of this section of a	28632
resident who becomes eligible for the medicaid program after	28633
admission to the facility, the facility may assess a resident only	28634
those charges that are allowed under the medicaid program.	28635

(C) The administrator of a facility proposing to transfer	28636
or discharge a resident as described in division (B) of this	28637
section shall notify in writing the resident and the resident's	28638
sponsor or legal representative of the proposed transfer or	28639
discharge. The notice shall be made in accordance with 42 C.F.R.	28640
483.12, as amended. On the date notice is provided to a resident,	28641
the administrator shall forward a copy of the notice to the legal	28642
services office of the department of job and family services.	28643

Not later than ninety days after the date a resident	28644
receives notice of a proposed transfer or discharge, the resident	28645
may request a hearing before the department of job and family	28646
services under the hearing procedure described in section 5111.64	28647
of the Revised Code. A facility shall permit a resident who	28648
requests a hearing not later than ten days after the date the	28649
resident receives the notice to remain in the facility pending the	28650
order of the hearing officer.	28651

Sec. 5111.64.  (A) The department of job and family	28652
services shall establish and administer a hearing procedure for a	28653
resident of a facility to appeal a proposed transfer or discharge	28654
from a facility. The department may contract with the department	28655
of health to establish and administer the hearing procedure. If	28656
the department of job and family services contracts with the	28657
department of health, the department of health shall have the same	28658
authority under this section as the department of job and family	28659
services.	28660

(B) The hearing procedure shall provide for all of the	28661
following:	28662

(1) The hearing to be conducted by a hearing officer who	28663
shall be an employee of the department of job and family services	28664
or a hearing examiner who is under contract with the department;	28665

(2) The hearing to be tape-recorded;

28666

(3) The hearing officer to issue an order based on the	28667
facts presented at the hearing not later than ninety days after	28668
receipt of the request for hearing;	28669

(4) Notice of the contents of the order to be provided to	28670
the resident and the administrator of the facility.	28671

(C) The order of a hearing officer described in division	28672
(B) of this section is final and not subject to appeal.	28673

(D) If the department of job and family services finds that	28674
a facility is in violation of an order of a hearing officer, the	28675
department may apply to the court of common pleas of Franklin	28676
county or the county in which a facility is located for an order	28677
enjoining the violation or other appropriate relief to prohibit	28678
the violation. If the court finds that the facility is in	28679
violation of the order, the court shall grant an injunction,	28680
restraining order, or other appropriate relief. The court may	28681
award payment of reasonable attorney's fees by the facility.	28682

(E) The department of job and family services may adopt	28683
rules in accordance with Chapter 119. of the Revised Code to	28684
implement this section.	28685

Sec. 5111.85.  (A) As used in this section, "medicaid	28686
waiver component" means a component of the medicaid program	28687
authorized by a waiver granted by the United States department of	28688
health and human services under section 1115 or 1915 of the	28689
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or	28690
1396n. "Medicaid waiver component" does not include a managed care	28691
system established under section 5111.17 of the Revised Code.	28692

(B) The director of job and family services may adopt	28693
rules under Chapter 119. of the Revised Code governing medicaid	28694
waiver components that establish all of the following:	28695

(1) Eligibility requirements for the medicaid waiver	28696
components;	28697

(2) The type, amount, duration, and scope of services the	28698
medicaid waiver components provide;	28699

(3) The conditions under which the medicaid waiver	28700
components cover services;	28701

(4) The amount the medicaid waiver components pay for	28702
services or the method by which the amount is determined;	28703

(5) The manner in which the medicaid waiver components pay	28704
for services;	28705

(6) Safeguards for the health and welfare of medicaid	28706
recipients receiving services under a medicaid waiver component;	28707

(7) Procedures for enforcing the rules, including	28708
establishing corrective action plans for, and imposing financial	28709
and administrative sanctions on, persons and government entities	28710
that violate the rules. The procedures shall include due process	28711
protections.	28712

(8) Other policies necessary for the efficient	28713
administration of the medicaid waiver components.	28714

(C) The director of job and family services may adopt	28715
different rules for the different medicaid waiver components. The	28716
rules shall be consistent with the terms of the waiver authorizing	28717
the medicaid waiver component.	28718

(D) The director of job and family services may conduct	28719
reviews of the medicaid waiver components. The reviews may	28720
include physical inspections of records and sites where services	28721
are provided under the medicaid waiver components and interviews	28722
of providers and recipients of the services. If the director	28723
determines pursuant to a review that a person or government entity	28724
has violated a rule governing a medicaid waiver component, the	28725
director may do the following:	28726

(1) If the violator is a county family services agency,	28727
take action under section 5101.24 of the Revised Code;	28728

(2) If the violator is not a county family services agency,	28729
establish a corrective action plan for the violator and impose	28730
fiscal, administrative, or both types of sanctions on the violator	28731
in accordance with rules adopted under division (B) of this	28732
section.	28733

Sec. 5111.86. The department of job and family services may	28734
enter into interagency agreements with one or more other state	28735
agencies to have the state agency administer one or more	28736
components of the medicaid program, or one or more aspects of a	28737
component, under the department's supervision. A state agency	28738
that enters into such an interagency agreement shall comply with	28739
any rules the director of job and family services has adopted	28740
governing the component, or aspect of the component, that the	28741
state agency is to administer, including any rules establishing	28742
review, audit, and corrective action plan requirements.	28743

A state agency that enters into an interagency agreement with	28744
the department under this section shall reimburse the department	28745
for the nonfederal share of the cost to the department of	28746
performing, or contracting for the performance of, a fiscal audit	28747
of the component of the medicaid program, or aspect of the	28748
component, that the state agency administers if rules governing	28749
the component, or aspect of the component, require that a fiscal	28750
audit be conducted.	28751

There is hereby created in the state treasury the medicaid	28752
administrative reimbursement fund. The department shall use money	28753
in the fund to pay for the nonfederal share of the cost of a	28754
fiscal audit for which a state agency is required by this section	28755
to reimburse the department. The department shall deposit the	28756
reimbursements into the fund.	28757

Sec. 5111.87. As used in this section and section 5111.871 of	28758
the Revised Code, "intermediate care facility for the mentally	28759
retarded" has the same meaning as in section 5111.20 of the	28760
Revised Code.	28761

The director of job and family services may apply to the	28762
United States secretary of health and human services for one or	28763
more medicaid waivers under which home or community-based services	28764
are provided to individuals with mental retardation or other	28765
developmental disability as an alternative to placement in an	28766
intermediate care facility for the mentally retarded.	28767

Sec. 5111.87.        Sec.  .        Sec. 5111.871.  The department of job and family	28768
services shall enter into an interagency agreement with the	28769
department of mental retardation and developmental disabilities	28770
under section 5111.86 of the Revised Code with regard to the	28771
component of the medicaid program established by the department of	28772
job and family services under a waiver one or more waivers from	28773
the United States secretary of health and human services pursuant	28774
to section 1915 of the "Social Security Act," 49 Stat. 620 (1935),	28775
42 U.S.C.A. 1396n, as amended, to provide eligible medical	28776
assistance medicaid recipients with home or community-based	28777
services as an alternative to placement in an intermediate care	28778
facility for the mentally retarded as defined in section 5111.20	28779
of the Revised Code. The agreement shall provide for the	28780
department of mental retardation and developmental disabilities to	28781
administer the program component in accordance with the terms of	28782
the waiver. The departments directors of job and family services	28783
and mental retardation and developmental disabilities shall adopt	28784
rules in accordance with Chapter 119. of the Revised Code	28785
governing the program component.	28786

If the department of mental retardation and developmental	28787
disabilities or the department of job and family services denies	28788
an individual's application for home or community-based services	28789
provided under this medicaid component, the department that made	28790
the denial shall timely notify the individual that the individual	28791
may request a hearing under section 5101.35 of the Revised Code.	28792

The departments of mental retardation and developmental	28793
disabilities and job and family services may approve, reduce,	28794
deny, or terminate a service included in the individualized	28795
service plan developed for a medicaid recipient eligible for home	28796
or community-based services provided under this medicaid	28797
component. The departments shall consider the recommendations a	28798
county board of mental retardation and developmental disabilities	28799
makes under division (A)(1)(c) of section 5126.055 of the Revised	28800
Code. If either department reduces, denies, or terminates a	28801
service, that department shall timely notify the medicaid	28802
recipient that the recipient may request a hearing under section	28803
5101.35 of the Revised Code.	28804

Sec. 5111.872. When the department of mental retardation and	28805
developmental disabilities allocates enrollment numbers to a	28806
county board of mental retardation and developmental disabilities	28807
for home or community-based services provided under the component	28808
of the medicaid program that the department administers under	28809
section 5111.871 of the Revised Code, the department shall	28810
consider all of the following:	28811

(A) The number of individuals with mental retardation or	28812
other developmental disability who are on a waiting list the	28813
county board establishes under division (C) of section 5126.042 of	28814
the Revised Code for those services;	28815

(B) The implementation component required by division	28816
(A)(3) of section 5126.054 of the Revised Code of the county	28817
board's plan approved under section 5123.046 of the Revised Code;	28818

(C) Anything else the department considers appropriate.

28819

Sec. 5111.873. (A) Not later than the effective date of the	28820
first of any medicaid waivers the United States secretary of	28821
health and human services grants pursuant to a request made under	28822
section 5111.87 of the Revised Code, the director of job and	28823
family services shall adopt rules in accordance with Chapter 119.	28824
of the Revised Code establishing statewide fee schedules for home	28825
or community-based services provided under the component of the	28826
medicaid program that the department of mental retardation and	28827
developmental disabilities administers under section 5111.871 of	28828
the Revised Code. The rules shall provide for all of the	28829
following:	28830

(1) The department of mental retardation and developmental	28831
disabilities arranging for the initial and ongoing collection of	28832
cost information from a comprehensive, statistically valid sample	28833
of persons and government entities providing the services at the	28834
time the information is obtained;	28835

(2) The collection of consumer-specific information through	28836
an assessment instrument the department of mental retardation and	28837
developmental disabilities shall develop;	28838

(3) With the information collected pursuant to divisions	28839
(A)(1) and (2) of this section, an analysis of that information,	28840
and other information the director determines relevant, methods	28841
and standards for calculating the fee schedules that do all of the	28842
following:	28843

(a) Assure that the fees are consistent with	28844
efficiency, economy, and quality of care;	28845

(b) Consider the intensity of consumer resource need;

28846

(c) Recognize variations in different geographic areas	28847
regarding the resources necessary to assure the health and welfare	28848
of consumers;	28849

(d) Recognize variations in environmental supports available	28850
to consumers.	28851

(B) As part of the process of adopting rules under this	28852
section, the director shall consult with the director of mental	28853
retardation and developmental disabilities, representatives of	28854
county boards of mental retardation and developmental	28855
disabilities, persons who provide the home or community-based	28856
services, and other persons and government entities the director	28857
identifies.	28858

(C) The directors of job and family services and mental	28859
retardation and developmental disabilities shall review the rules	28860
adopted under this section at times they determine to ensure that	28861
the methods and standards established by the rules for calculating	28862
the fee schedules continue to do everything that division (A)(3)	28863
of this section requires.	28864

Sec. 5119.01.  The director of mental health is the chief	28865
executive and administrative officer of the department of mental	28866
health. The director may establish procedures for the governance	28867
of the department, conduct of its employees and officers,	28868
performance of its business, and custody, use, and preservation of	28869
departmental records, papers, books, documents, and property.	28870
Whenever the Revised Code imposes a duty upon or requires an	28871
action of the department or any of its institutions, the director	28872
shall perform the action or duty in the name of the department,	28873
except that the medical director appointed pursuant to section	28874
5119.07 of the Revised Code shall be responsible for decisions	28875
relating to medical diagnosis, treatment, rehabilitation, quality	28876
assurance, and the clinical aspects of the following: licensure	28877
of hospitals and residential facilities, research, community	28878
mental health plans, and delivery of mental health services.	28879

The director shall:

28880

(A) Adopt rules for the proper execution of the powers and	28881
duties of the department with respect to the institutions under	28882
its control, and require the performance of additional duties by	28883
the officers of the institutions as necessary to fully meet the	28884
requirements, intents, and purposes of this chapter. In case of	28885
an apparent conflict between the powers conferred upon any	28886
managing officer and those conferred by such sections upon the	28887
department, the presumption shall be conclusive in favor of the	28888
department.	28889

(B) Adopt rules for the nonpartisan management of the	28890
institutions under the department's control. An officer or	28891
employee of the department or any officer or employee of any	28892
institution under its control who, by solicitation or otherwise,	28893
exerts influence directly or indirectly to induce any other	28894
officer or employee of the department or any of its institutions	28895
to adopt the exerting officer's or employee's political views or	28896
to favor any particular person, issue, or candidate for office	28897
shall be removed from the exerting officer's or employee's office	28898
or position, by the department in case of an officer or employee,	28899
and by the governor in case of the director.	28900

(C) Appoint such employees, including the medical director,	28901
as are necessary for the efficient conduct of the department, and	28902
prescribe their titles and duties;	28903

(D) Prescribe the forms of affidavits, applications, medical	28904
certificates, orders of hospitalization and release, and all other	28905
forms, reports, and records that are required in the	28906
hospitalization or admission and release of all persons to the	28907
institutions under the control of the department, or are otherwise	28908
required under this chapter or Chapter 5122. of the Revised Code;	28909

(E) Contract with hospitals licensed by the department under	28910
section 5119.20 of the Revised Code for the care and treatment of	28911
mentally ill patients, or with persons, organizations, or agencies	28912
for the custody, supervision, care, or treatment of mentally ill	28913
persons receiving services elsewhere than within the enclosure of	28914
a hospital operated under section 5119.02 of the Revised Code;	28915

(F) Exercise the powers and perform the duties relating to	28916
community mental health facilities and services that are assigned	28917
to the director under this chapter and Chapter 340. of the Revised	28918
Code;	28919

(G) Adopt rules under Chapter 119. of the Revised Code for	28920
the establishment of minimum standards, including standards for	28921
use of seclusion and restraint, of mental health services that are	28922
not inconsistent with nationally recognized applicable standards	28923
and that facilitate participation in federal assistance programs;.	28924
For purposes of certifying a community mental health program,	28925
agency, or facility under division (M) of section 5119.61 of the	28926
Revised Code and conducting reviews, evaluations, and audits under	28927
division (A)(3) of section 340.03 of the Revised Code, the rules	28928
shall establish minimum standards that the program, agency, or	28929
facility must meet in the prevention of inappropriate service	28930
delivery. Initial rules regarding the prevention of inappropriate	28931
service delivery shall be adopted not later than ninety days after	28932
the effective date of this amendment.	28933

(H) Develop and implement clinical evaluation and monitoring	28934
of services that are operated by the department;	28935

(I) At the director's discretion, adopt rules establishing	28936
standards for the adequacy of services provided by community	28937
mental health facilities, and certify the compliance of such	28938
facilities with the standards for the purpose of authorizing their	28939
participation in the health care plans of health insuring	28940
corporations under Chapter 1751. and sickness and accident	28941
insurance policies issued under Chapter 3923. of the Revised Code;	28942

(J) Adopt rules establishing standards for the performance	28943
of evaluations by a forensic center or other psychiatric program	28944
or facility of the mental condition of defendants ordered by the	28945
court under section 2919.271, or 2945.371 of the Revised Code, and	28946
for the treatment of defendants who have been found incompetent to	28947
stand trial and ordered by the court under section 2945.38,	28948
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	28949
treatment in facilities;	28950

(K) On behalf of the department, have the authority and	28951
responsibility for entering into contracts and other agreements;	28952

(L) Prepare and publish regularly a state mental health plan	28953
that describes the department's philosophy, current activities,	28954
and long-term and short-term goals and activities;	28955

(M) Adopt rules in accordance with Chapter 119. of the	28956
Revised Code specifying the supplemental services that may be	28957
provided through a trust authorized by section 1339.51 of the	28958
Revised Code;	28959

(N) Adopt rules in accordance with Chapter 119. of the	28960
Revised Code establishing standards for the maintenance and	28961
distribution to a beneficiary of assets of a trust authorized by	28962
section 1339.51 of the Revised Code;	28963

(O) As used in division (I) of this section:

28964

(1) "Community mental health facility" means a facility that	28965
provides community mental health services and is included in the	28966
community mental health plan for the alcohol, drug addiction, and	28967
mental health service district in which it is located.	28968

(2) "Community mental health service" means services, other	28969
than inpatient services, provided by a community mental health	28970
facility.	28971

Sec. 5119.06.  (A) The department of mental health shall:

28972

(1) Establish and support a program at the state level to	28973
promote a community support system in accordance with section	28974
340.03 of the Revised Code to be available for every alcohol, drug	28975
addiction, and mental health service district. The department	28976
shall define the essential elements of a community support system,	28977
shall assist in identifying resources and coordinating the	28978
planning, evaluation, and delivery of services to facilitate the	28979
access of mentally ill people to public services at federal,	28980
state, and local levels, and shall operate inpatient and other	28981
mental health services pursuant to the approved community mental	28982
health plan.	28983

(2) Provide training, consultation, and technical assistance	28984
regarding mental health programs and services and appropriate	28985
prevention and mental health promotion activities, including those	28986
that are culturally sensitive, to employees of the department,	28987
community mental health agencies and boards, and other agencies	28988
providing mental health services;	28989

(3) Promote and support a full range of mental health	28990
services that are available and accessible to all residents of	28991
this state, especially for severely mentally disabled children,	28992
adolescents, and adults, and other special target populations,	28993
including racial and ethnic minorities, as determined by the	28994
department.	28995

(4) Design and set criteria for the determination of severe	28996
mental disability;	28997

(5) Establish criteria standards for evaluation of mental	28998
health programs;	28999

(6) Promote, direct, conduct, and coordinate scientific	29000
research, taking ethnic and racial differences into consideration	29001
concerning the causes and prevention of mental illness, methods of	29002
providing effective services and treatment, and means of enhancing	29003
the mental health of all residents of this state;	29004

(7) Foster the establishment and availability of vocational	29005
rehabilitation services and the creation of employment	29006
opportunities for consumers of mental health services, including	29007
members of racial and ethnic minorities;	29008

(8) Establish a program to protect and promote the rights,	29009
health, and safety of persons receiving mental health services,	29010
including the issuance of guidelines on informed consent and other	29011
rights;	29012

(9) Establish, in consultation with board of alcohol, drug	29013
addiction, and mental health services representatives and after	29014
consideration of the recommendations of the medical director,	29015
guidelines for the development of community mental health plans	29016
and the review and approval or disapproval of such plans submitted	29017
pursuant to section 340.03 of the Revised Code;	29018

(10) Promote the involvement of persons who are receiving or	29019
have received mental health services, including families and other	29020
persons having a close relationship to a person receiving mental	29021
health services, in the planning, evaluation, delivery, and	29022
operation of mental health services.	29023

(11) Notify and consult with the relevant constituencies	29024
that may be affected by rules, standards, and guidelines issued by	29025
the department of mental health. These constituencies shall	29026
include consumers of mental health services and their families,	29027
and may include public and private providers, employee	29028
organizations, and others when appropriate. Whenever the	29029
department proposes the adoption, amendment, or rescission of	29030
rules under Chapter 119. of the Revised Code, the notification and	29031
consultation required by this division shall occur prior to the	29032
commencement of proceedings under Chapter 119. The department	29033
shall adopt rules under Chapter 119. of the Revised Code that	29034
establish procedures for the notification and consultation	29035
required by this division.	29036

(12) In cooperation with board of alcohol, drug addiction,	29037
and mental health services representatives, provide training	29038
regarding the provision of community-based mental health services	29039
to those department employees who are utilized in state-operated,	29040
community-based mental health services;	29041

(13) Provide oversight and consultation to the department of	29042
rehabilitation and correction for concerning the delivery of	29043
mental health services in state correctional institutions;	29044

(14) Audit mental health programs in state correctional	29045
institutions operated by the department of rehabilitation and	29046
correction for compliance with standards that have been jointly	29047
developed and promulgated by the department of mental health and	29048
the department of rehabilitation and correction. The standards	29049
shall include monitoring mechanisms to provide for quality of	29050
services in these programs.	29051

(B) The department of mental health may negotiate and enter	29052
into agreements with other agencies and institutions, both public	29053
and private, for the joint performance of its duties.	29054

(C) The department shall adopt rules in accordance with	29055
Chapter 119. of the Revised Code as it considers necessary to	29056
administer the program established under division (A)(8) of this	29057
section. Initial rules regarding the health and safety of persons	29058
receiving mental health services shall be adopted not later than	29059
ninety days after the effective date of this amendment.	29060

Sec. 5119.61.  Any provision in this chapter that refers to a	29061
board of alcohol, drug addiction, and mental health services also	29062
refers to the community mental health board in an alcohol, drug	29063
addiction, and mental health service district that has a community	29064
mental health board.	29065

The director of mental health with respect to all facilities	29066
and programs established and operated under Chapter 340. of the	29067
Revised Code for mentally ill and emotionally disturbed persons,	29068
shall do all of the following:	29069

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	29070
that may be necessary to carry out the purposes of Chapter 340.	29071
and sections 5119.61 to 5119.63 of the Revised Code.	29072

(1) The rules shall include all of the following:

29073

(a) Rules governing a community mental health agency's	29074
services under section 340.091 of the Revised Code to an	29075
individual referred to the agency under division (C)(2) of section	29076
173.35 of the Revised Code;	29077

(b) For the purpose of division (A)(14) of section 340.03 of	29078
the Revised Code, rules governing the duties of mental health	29079
agencies and boards of alcohol, drug addiction, and mental health	29080
services under section 3722.18 of the Revised Code regarding	29081
referrals of individuals with mental illness or severe mental	29082
disability to adult care facilities and effective arrangements for	29083
ongoing mental health services for the individuals. The rules	29084
shall do at least the following:	29085

(i) Provide for agencies and boards to participate fully in	29086
the procedures owners and managers of adult care facilities must	29087
follow under division (A)(2) of section 3722.18 of the Revised	29088
Code;	29089

(ii) Specify the manner in which boards are accountable for	29090
ensuring that ongoing mental health services are effectively	29091
arranged for individuals with mental illness or severe mental	29092
disability who are referred by the board or mental health agency	29093
under contract with the board to an adult care facility.	29094

(c) Rules governing a board of alcohol, drug addiction, and	29095
mental health services when making a report to the director of	29096
health under section 3722.17 of the Revised Code regarding the	29097
quality of care and services provided by an adult care facility to	29098
a person with mental illness or a severe mental disability.	29099

(2) Rules may be adopted to govern the method of paying a	29100
community mental health facility described in division (B) of	29101
section 5111.022 of the Revised Code for providing services	29102
established by division (A) of that section. Such rules must be	29103
consistent with the contract entered into between the departments	29104
of human job and family services and mental health under division	29105
(E) of that section.	29106

(B) Adopt rules requiring each public or private agency	29107
providing mental health services or facilities under a contract	29108
with a board of alcohol, drug addiction, and mental health	29109
services and any program operated by such a board to have a	29110
written policy that addresses the rights of clients including all	29111
of the following:	29112

(1) The right to a copy of the agency's policy of client	29113
rights;	29114

(2) The right at all times to be treated with consideration	29115
and respect for the client's privacy and dignity;	29116

(3) The right to have access to the client's own	29117
psychiatric, medical, or other treatment records unless access is	29118
specifically restricted in the client's treatment plan for clear	29119
treatment reasons;	29120

(4) The right to have a client rights officer provided by	29121
the board or agency advise the client of the client's rights,	29122
including the client's rights under Chapter 5122. of the Revised	29123
Code if the client is committed to the board or agency.	29124

(C) Require each board of alcohol, drug addiction, and	29125
mental health services to ensure that each contract agency	29126
establishes grievance procedures available to all recipients of	29127
services or applicants for services;	29128

(D) Define minimum standards for qualifications of	29129
personnel, professional services, and mental health professionals	29130
as defined in section 340.02 of the Revised Code;	29131

(E) Review and evaluate, and, taking into account the	29132
findings and recommendations of the board of alcohol, drug	29133
addiction, and mental health services of the district served by	29134
the program and the requirements and priorities of the state	29135
mental health plan, including the needs of residents of the	29136
district now residing in state mental institutions, approve and	29137
allocate funds to support community programs, and make	29138
recommendations for needed improvements to boards of alcohol, drug	29139
addiction, and mental health services;	29140

(F) Withhold state and federal funds for any program, in	29141
whole or in part, from a board of alcohol, drug addiction, and	29142
mental health services in the event of failure of that program to	29143
comply with Chapter 340. or section 5119.61 or 5119.62 of the	29144
Revised Code or rules of the department of mental health. The	29145
director shall identify the areas of noncompliance and the action	29146
necessary to achieve compliance. The director shall offer	29147
technical assistance to the board to achieve compliance. The	29148
director shall give the board a reasonable time within which to	29149
comply or to present its position that it is in compliance. Before	29150
withholding funds, a hearing shall be conducted to determine if	29151
there are continuing violations and that either assistance is	29152
rejected or the board is unable to achieve compliance. Subsequent	29153
to the hearing process, if it is determined that compliance has	29154
not been achieved, the director may allocate all or part of the	29155
withheld funds to a public or private agency to provide the	29156
services not in compliance until the time that there is	29157
compliance. The director shall establish rules pursuant to	29158
Chapter 119. of the Revised Code to implement this division.	29159

(G) Withhold state or federal funds from a board of alcohol,	29160
drug addiction, and mental health services that denies available	29161
service on the basis of religion, race, color, creed, sex,	29162
national origin, age, disability as defined in section 4112.01 of	29163
the Revised Code, developmental disability, or the inability to	29164
pay;	29165

(H) Provide consultative services to community mental health	29166
programs with the knowledge and cooperation of the board of	29167
alcohol, drug addiction, and mental health services;	29168

(I) Provide to boards of alcohol, drug addiction, and mental	29169
health services state or federal funds, in addition to those	29170
allocated under section 5119.62 of the Revised Code, for special	29171
programs or projects the director considers necessary but for	29172
which local funds are not available;	29173

(J)(1) Establish criteria by which a board of alcohol, drug	29174
addiction, and mental health services reviews and evaluates the	29175
quality, effectiveness, and efficiency of services provided	29176
through its community mental health plan, including services	29177
described in division (A) of section 5111.022 of the Revised Code	29178
that are provided by community health facilities described in	29179
division (B) of that section. The criteria established for a	29180
board's use in reviewing and evaluating the services provided	29181
through its plan shall include consideration of whether the	29182
providers of mental health services have prevented inappropriate	29183
service delivery. Initial criteria regarding the prevention of	29184
inappropriate service delivery shall be established not later than	29185
ninety days after the effective date of this amendment. The	29186

(2) The department shall assess a board's review and	29187
evaluation of services and the compliance of each board with this	29188
section, Chapter 340. or section 5119.62 of the Revised Code, and	29189
other state or federal law and regulations. The	29190

(3) The department, in cooperation with the board,	29191
periodically shall review and evaluate the quality, effectiveness,	29192
and efficiency of services provided through each board. The	29193

(4) The department shall collect information that is	29194
necessary to perform these the functions specified in divisions	29195
(J)(1) to (3) of this spection.	29196

(K) Develop and operate a community mental health	29197
information system.	29198

Boards of alcohol, drug abuse, and mental health services	29199
shall submit information requested by the department in the form	29200
and manner prescribed by the department. Information collected by	29201
the department shall include, but not be limited to, all of the	29202
following:	29203

(1) Information regarding units of services provided in	29204
whole or in part under contract with a board, including diagnosis	29205
and special needs, demographic information, the number of units of	29206
service provided, past treatment, financial status, and service	29207
dates in accordance with rules adopted by the department in	29208
accordance with Chapter 119. of the Revised Code;	29209

(2) Financial information other than price or price-related	29210
data regarding expenditures of boards and community mental health	29211
agencies, including units of service provided, budgeted and actual	29212
expenses by type, and sources of funds.	29213

Boards shall submit the information specified in division	29214
(K)(1) of this section no less frequently than annually for each	29215
client, and each time the client's case is opened or closed. The	29216
department shall not collect any information for the purpose of	29217
identifying by name any person who receives a service through a	29218
board of alcohol, drug addiction, and mental health services,	29219
except as required by state or federal law to validate appropriate	29220
reimbursement. For the purposes of division (K)(1) of this	29221
section, the department shall use an identification system that is	29222
consistent with applicable nationally recognized standards.	29223

(L) Review each board's plan submitted pursuant to section	29224
340.03 of the Revised Code and approve or disapprove it in whole	29225
or in part. Periodically, in consultation with representatives of	29226
boards and after considering the recommendations of the medical	29227
director, the director shall issue criteria for determining when a	29228
plan is complete, criteria for plan approval or disapproval, and	29229
provisions for conditional approval. The factors that the	29230
director considers may include, but are not limited to, the	29231
following:	29232

(1) The mental health needs of all persons residing within	29233
the board's service district, especially severely mentally	29234
disabled children, adolescents, and adults;	29235

(2) The demonstrated quality, effectiveness, efficiency, and	29236
cultural relevance of the services provided in each service	29237
district, the extent to which any services are duplicative of	29238
other available services, and whether the services meet the needs	29239
identified above;	29240

(3) The adequacy of the board's accounting for the	29241
expenditure of funds.	29242

If the director disapproves all or part of any plan, the	29243
director shall provide the board an opportunity to present its	29244
position. The director shall inform the board of the reasons for	29245
the disapproval and of the criteria that must be met before the	29246
plan may be approved. The director shall give the board a	29247
reasonable time within which to meet the criteria, and shall offer	29248
technical assistance to the board to help it meet the criteria.	29249

If the approval of a plan remains in dispute thirty days	29250
prior to the conclusion of the fiscal year in which the board's	29251
current plan is scheduled to expire, the board or the director may	29252
request that the dispute be submitted to a mutually agreed upon	29253
third-party mediator with the cost to be shared by the board and	29254
the department. The mediator shall issue to the board and the	29255
department recommendations for resolution of the dispute. Prior to	29256
the conclusion of the fiscal year in which the current plan is	29257
scheduled to expire, the director, taking into consideration the	29258
recommendations of the mediator, shall make a final determination	29259
and approve or disapprove the plan, in whole or in part.	29260

(M) Visit and evaluate any community mental health program,	29261
agency, or facility, in cooperation with a board of alcohol, drug	29262
addiction, and mental health services, to determine if the	29263
services meet minimum standards pursuant to division (G) of	29264
section 5119.01 of the Revised Code. If the director determines	29265
that the services meet minimum standards, the director shall so	29266
certify.	29267

If the director determines that the services of any program,	29268
agency, or facility that has a contract with a board do not meet	29269
minimum standards, the director shall identify the areas of	29270
noncompliance, specify what action is necessary to meet the	29271
standards, and offer technical assistance to the board so that it	29272
may assist the program, agency, or facility to meet minimum	29273
standards. The director shall give the board a reasonable time	29274
within which to demonstrate that the services meet minimum	29275
standards or to bring the program or facility into compliance with	29276
the standards. If the director concludes that the services	29277
continue to fail to meet minimum standards, the director may	29278
request that the board reallocate the funds for those services to	29279
another program, agency, or facility which meets minimum	29280
standards. If the board does not reallocate those funds in a	29281
reasonable period of time, the director may withhold state and	29282
federal funds for the services and allocate those funds directly	29283
to a public or private agency that meets minimum standards.	29284

Each program, agency, and facility shall pay a fee for the	29285
certification review required by this division. Fees shall be	29286
paid into the sale of goods and services fund created pursuant to	29287
section 5119.161 of the Revised Code.	29288

The director shall adopt (N)(1) Adopt rules under Chapter	29289
119. of the Revised Code to implement this division (M) of this	29290
section. The rules shall do all of the following:	29291

(1)(a) Establish the process for certification of services	29292
of programs, agencies, or facilities;	29293

(2)(b) Set the amount of certification review fees based on	29294
a portion of the cost of performing the review;	29295

(3)(c) Specify the type of notice and hearing to be provided	29296
prior to a decision whether to reallocate funds.	29297

(2) For the purpose of increasing the cost-effectiveness of	29298
community mental health services, the department of mental health,	29299
not later than ninety days after the effective date of this	29300
amendment, shall reduce the certification requirements established	29301
in the rules adopted under division (N)(1) of this section.	29302

Sec. 5123.01.  As used in this chapter:

29303

(A) "Chief medical officer" means the licensed physician	29304
appointed by the managing officer of an institution for the	29305
mentally retarded with the approval of the director of mental	29306
retardation and developmental disabilities to provide medical	29307
treatment for residents of the institution.	29308

(B) "Chief program director" means a person with special	29309
training and experience in the diagnosis and management of the	29310
mentally retarded, certified according to division (C) of this	29311
section in at least one of the designated fields, and appointed by	29312
the managing officer of an institution for the mentally retarded	29313
with the approval of the director to provide habilitation and care	29314
for residents of the institution.	29315

(C) "Comprehensive evaluation" means a study, including a	29316
sequence of observations and examinations, of a person leading to	29317
conclusions and recommendations formulated jointly, with	29318
dissenting opinions if any, by a group of persons with special	29319
training and experience in the diagnosis and management of persons	29320
with mental retardation or a developmental disability, which group	29321
shall include individuals who are professionally qualified in the	29322
fields of medicine, psychology, and social work, together with	29323
such other specialists as the individual case may require.	29324

(D) "Education" means the process of formal training and	29325
instruction to facilitate the intellectual and emotional	29326
development of residents.	29327

(E) "Habilitation" means the process by which the staff of	29328
the institution assists the resident in acquiring and maintaining	29329
those life skills that enable the resident to cope more	29330
effectively with the demands of the resident's own person and of	29331
the resident's environment and in raising the level of the	29332
resident's physical, mental, social, and vocational efficiency.	29333
Habilitation includes but is not limited to programs of formal,	29334
structured education and training.	29335

(F) "Habilitation center services" means services provided by	29336
a habilitation center certified by the department of mental	29337
retardation and developmental disabilities under section 5123.041	29338
of the Revised Code and covered by the medicaid program pursuant	29339
to rules adopted under section 5111.041 of the Revised Code.	29340

(G) "Health officer" means any public health physician,	29341
public health nurse, or other person authorized or designated by a	29342
city or general health district.	29343

(G)(H) "Home or community-based services" means	29344
medicaid-funded home or community-based services provided under a	29345
medicaid component the department of mental retardation and	29346
developmental disabilities administers pursuant to section	29347
5111.871 of the Revised Code.	29348

(I) "Indigent person" means a person who is unable,	29349
without substantial financial hardship, to provide for the payment	29350
of an attorney and for other necessary expenses of legal	29351
representation, including expert testimony.	29352

(H)(J) "Institution" means a public or private facility, or a	29353
part of a public or private facility, that is licensed by the	29354
appropriate state department and is equipped to provide	29355
residential habilitation, care, and treatment for the mentally	29356
retarded.	29357

(I)(K) "Licensed physician" means a person who holds a valid	29358
certificate issued under Chapter 4731. of the Revised Code	29359
authorizing the person to practice medicine and surgery or	29360
osteopathic medicine and surgery, or a medical officer of the	29361
government of the United States while in the performance of the	29362
officer's official duties.	29363

(J)(L) "Managing officer" means a person who is appointed by	29364
the director of mental retardation and developmental disabilities	29365
to be in executive control of an institution for the mentally	29366
retarded under the jurisdiction of the department.	29367

(K)(M) "Medicaid" has the same meaning as in section 5111.01	29368
of the Revised Code.	29369

(N) "Medicaid case management services" means case	29370
management services provided to an individual with mental	29371
retardation or other developmental disability that the state	29372
medicaid plan requires.	29373

(O) "Mentally retarded person" means a person having	29374
significantly subaverage general intellectual functioning existing	29375
concurrently with deficiencies in adaptive behavior, manifested	29376
during the developmental period.	29377

(L)(P) "Mentally retarded person subject to	29378
institutionalization by court order" means a person eighteen years	29379
of age or older who is at least moderately mentally retarded and	29380
in relation to whom, because of the person's retardation, either	29381
of the following conditions exist:	29382

(1) The person represents a very substantial risk of	29383
physical impairment or injury to self as manifested by evidence	29384
that the person is unable to provide for and is not providing for	29385
the person's most basic physical needs and that provision for	29386
those needs is not available in the community;	29387

(2) The person needs and is susceptible to significant	29388
habilitation in an institution.	29389

(M)(Q) "A person who is at least moderately mentally	29390
retarded" means a person who is found, following a comprehensive	29391
evaluation, to be impaired in adaptive behavior to a moderate	29392
degree and to be functioning at the moderate level of intellectual	29393
functioning in accordance with standard measurements as recorded	29394
in the most current revision of the manual of terminology and	29395
classification in mental retardation published by the American	29396
association on mental retardation.	29397

(N)(R) As used in this division, "substantial functional	29398
limitation," "developmental delay," and "established risk" have	29399
the meanings established pursuant to section 5123.011 of the	29400
Revised Code.	29401

"Developmental disability" means a severe, chronic disability	29402
that is characterized by all of the following:	29403

(1) It is attributable to a mental or physical impairment or	29404
a combination of mental and physical impairments, other than a	29405
mental or physical impairment solely caused by mental illness as	29406
defined in division (A) of section 5122.01 of the Revised Code.	29407

(2) It is manifested before age twenty-two.

29408

(3) It is likely to continue indefinitely.

29409

(4) It results in one of the following:

29410

(a) In the case of a person under three years of age, at	29411
least one developmental delay or an established risk;	29412

(b) In the case of a person at least three years of age but	29413
under six years of age, at least two developmental delays or an	29414
established risk;	29415

(c) In the case of a person six years of age or older, a	29416
substantial functional limitation in at least three of the	29417
following areas of major life activity, as appropriate for the	29418
person's age: self-care, receptive and expressive language,	29419
learning, mobility, self-direction, capacity for independent	29420
living, and, if the person is at least sixteen years of age,	29421
capacity for economic self-sufficiency.	29422

(5) It causes the person to need a combination and sequence	29423
of special, interdisciplinary, or other type of care, treatment,	29424
or provision of services for an extended period of time that is	29425
individually planned and coordinated for the person.	29426

(O)(S) "Developmentally disabled person" means a person with	29427
a developmental disability.	29428

(P)(T) "State institution" means an institution that is	29429
tax-supported and under the jurisdiction of the department.	29430

(Q)(U) "Residence" and "legal residence" have the same	29431
meaning as "legal settlement," which is acquired by residing in	29432
Ohio for a period of one year without receiving general assistance	29433
prior to July 17, 1995, under former Chapter 5113. of the Revised	29434
Code, disability assistance under Chapter 5115. of the Revised	29435
Code, or assistance from a private agency that maintains records	29436
of assistance given. A person having a legal settlement in the	29437
state shall be considered as having legal settlement in the	29438
assistance area in which the person resides. No adult person	29439
coming into this state and having a spouse or minor children	29440
residing in another state shall obtain a legal settlement in this	29441
state as long as the spouse or minor children are receiving public	29442
assistance, care, or support at the expense of the other state or	29443
its subdivisions. For the purpose of determining the legal	29444
settlement of a person who is living in a public or private	29445
institution or in a home subject to licensing by the department of	29446
job and family services, the department of mental health, or the	29447
department of mental retardation and developmental disabilities,	29448
the residence of the person shall be considered as though the	29449
person were residing in the county in which the person was living	29450
prior to the person's entrance into the institution or home.	29451
Settlement once acquired shall continue until a person has been	29452
continuously absent from Ohio for a period of one year or has	29453
acquired a legal residence in another state. A woman who marries	29454
a man with legal settlement in any county immediately acquires the	29455
settlement of her husband. The legal settlement of a minor is	29456
that of the parents, surviving parent, sole parent, parent who is	29457
designated the residential parent and legal custodian by a court,	29458
other adult having permanent custody awarded by a court, or	29459
guardian of the person of the minor, provided that:	29460

(1) A minor female who marries shall be considered to have	29461
the legal settlement of her husband and, in the case of death of	29462
her husband or divorce, she shall not thereby lose her legal	29463
settlement obtained by the marriage.	29464

(2) A minor male who marries, establishes a home, and who	29465
has resided in this state for one year without receiving general	29466
assistance prior to July 17, 1995, under former Chapter 5113. of	29467
the Revised Code, disability assistance under Chapter 5115. of the	29468
Revised Code, or assistance from a private agency that maintains	29469
records of assistance given shall be considered to have obtained a	29470
legal settlement in this state.	29471

(3) The legal settlement of a child under eighteen years of	29472
age who is in the care or custody of a public or private child	29473
caring agency shall not change if the legal settlement of the	29474
parent changes until after the child has been in the home of the	29475
parent for a period of one year.	29476

No person, adult or minor, may establish a legal settlement	29477
in this state for the purpose of gaining admission to any state	29478
institution.	29479

(R)(V)(1) "Resident" means, subject to division (R)(2) of	29480
this section, a person who is admitted either voluntarily or	29481
involuntarily to an institution or other facility pursuant to	29482
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	29483
Code subsequent to a finding of not guilty by reason of insanity	29484
or incompetence to stand trial or under this chapter who is under	29485
observation or receiving habilitation and care in an institution.	29486

(2) "Resident" does not include a person admitted to an	29487
institution or other facility under section 2945.39, 2945.40,	29488
2945.401, or 2945.402 of the Revised Code to the extent that the	29489
reference in this chapter to resident, or the context in which the	29490
reference occurs, is in conflict with any provision of sections	29491
2945.37 to 2945.402 of the Revised Code.	29492

(S)(W) "Respondent" means the person whose detention,	29493
commitment, or continued commitment is being sought in any	29494
proceeding under this chapter.	29495

(T)(X) "Working day" and "court day" mean Monday, Tuesday,	29496
Wednesday, Thursday, and Friday, except when such day is a legal	29497
holiday.	29498

(U)(Y) "Prosecutor" means the prosecuting attorney, village	29499
solicitor, city director of law, or similar chief legal officer	29500
who prosecuted a criminal case in which a person was found not	29501
guilty by reason of insanity, who would have had the authority to	29502
prosecute a criminal case against a person if the person had not	29503
been found incompetent to stand trial, or who prosecuted a case in	29504
which a person was found guilty.	29505

(V)(Z) "Court" means the probate division of the court of	29506
common pleas.	29507

Sec. 5123.041.  (A) As used in this section, "habilitation	29508
center" means a habilitation center certified under division (C)	29509
of this section for the provision of that provides habilitation	29510
center services under section 5111.041 of the Revised Code.	29511

(B) The department of mental retardation and developmental	29512
disabilities shall do all of the following pursuant to an	29513
interagency agreement with the department of job and family	29514
services entered into under section 5111.86 of the Revised Code:	29515

(1) Certify habilitation centers that meet the certification	29516
requirements established by rules adopted by the director of job	29517
and family services under section 5111.041 of the Revised Code;	29518

(2) Accept and process medicaid reimbursement claims from	29519
habilitation centers providing habilitation center services to	29520
medicaid recipients under section 5111.041 of the Revised Code;	29521

(3) With medicaid funds provided to the department from the	29522
department of job and family services, pay the medicaid	29523
reimbursement claims accepted and processed under division (B)(2)	29524
of this section;	29525

(4) Perform the other duties included in the interagency	29526
agreement.	29527

(C) The director of mental retardation and developmental	29528
disabilities shall adopt rules in accordance with Chapter 119. of	29529
the Revised Code that do all of the following:	29530

(1) Specify standards Establish procedures for certification	29531
of habilitation centers;	29532

(2) Define habilitation services and programs, other than	29533
services provided by the department of education;	29534

(3) Establish the fee that may be assessed under division	29535
(D) of this section;	29536

(4)(3) Specify how the department of mental retardation and	29537
developmental disabilities will implement and administer the	29538
habilitation services program perform its duties under this	29539
section.	29540

(C) The director shall certify habilitation centers that	29541
meet the standards specified by rules adopted under this section.	29542

(D) The department of mental retardation and developmental	29543
disabilities may assess the fee established by rule under division	29544
(B)(3)(C)(2) of this section for providing services related to the	29545
habilitation services program performing its duties under this	29546
section. The fee may be retained from any funds payment the	29547
department receives for a habilitation center under Title XIX of	29548
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	29549
as amended makes under division (B)(3) of this section.	29550

Sec. 5123.044. The department of mental retardation and	29551
developmental disabilities shall determine whether county boards	29552
of mental retardation and developmental disabilities are complying	29553
with section 5126.047 of the Revised Code in accordance with a	29554
methodology the department shall establish. The department shall	29555
provide assistance to an individual with mental retardation or	29556
other developmental disability who requests assistance with the	29557
individual's right under section 5126.047 of the Revised Code to	29558
choose a provider of habilitation, vocational, community	29559
employment, residential, or supported living services or if the	29560
department is notified of a county board's alleged violation of	29561
the individual's right to choose such a provider.	29562

Sec. 5123.045. (A) No person or government entity shall	29563
receive payment for providing home or community-based services	29564
unless certified under this section or certified as a supported	29565
living provider under section 5126.431 of the Revised Code.	29566

(B) The department of mental retardation and developmental	29567
disabilities shall do both of the following in accordance with	29568
Chapter 119. of the Revised Code:	29569

(1) Certify a person or government entity to provide home	29570
or community-based services if the person or government entity	29571
satisfies the requirements for certification established by rules	29572
adopted under division (C) of this section;	29573

(2) Revoke a certificate when required to do so by rules	29574
adopted under division (C) of this section.	29575

(C) The director of mental retardation and developmental	29576
disabilities shall adopt rules in accordance with Chapter 119. of	29577
the Revised Code establishing certification requirements and	29578
procedures for a person or government entity that seeks to provide	29579
home or community-based services and is not certified as a	29580
supported living provider under section 5126.431 of the Revised	29581
Code. The rules shall include procedures for all of the	29582
following:	29583

(1) Ensuring that providers comply with section 5126.281 of	29584
the Revised Code;	29585

(2) Evaluating the services provided to ensure that they	29586
are provided in a quality manner advantageous to the individual	29587
receiving the services and protecting the due process rights of	29588
any person affected by a decision made following an evaluation.	29589
The procedures shall require that all of the following be	29590
considered as part of an evaluation:	29591

(a) The provider's experience and financial	29592
responsibility;	29593

(b) The provider's ability to comply with standards for the	29594
home or community-based services that the provider provides;	29595

(c) The provider's ability to meet the needs of the	29596
individuals served;	29597

(d) Any other factor the director considers relevant.

29598

(3) Revoking a provider's certificate. The procedures may	29599
include revoking a certificate for good cause, including	29600
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect,	29601
financial irresponsibility, or other conduct the director	29602
determines is injurious to individuals being served.	29603

(D) The rules adopted under division (C) of this section	29604
shall allow a person or government entity to automatically satisfy	29605
a requirement for certification under this section if the person	29606
holds a current, valid license under section 5123.19 of the	29607
Revised Code to operate a residential facility and had to satisfy	29608
the requirement to obtain the residential facility license.	29609

(E) The records of an evaluation conducted in accordance	29610
with rules adopted under division (C)(2) of this section are	29611
public records for purposes of section 149.43 of the Revised Code	29612
and shall be made available on request of any person, including	29613
individuals being served, individuals seeking home or	29614
community-based services, and county boards of mental retardation	29615
and developmental disabilities.	29616

Sec. 5123.046. The department of mental retardation and	29617
developmental disabilities shall review each plan it receives from	29618
a county board of mental retardation and developmental	29619
disabilities under section 5126.054 of the Revised Code and, in	29620
consultation with the department of job and family services and	29621
office of budget and management, approve each plan that includes	29622
all the information and conditions specified in that section. A	29623
plan shall be approved or disapproved not later than forty-five	29624
days after the last of the plan's components are submitted to the	29625
department under division (B) of section 5126.054 of the Revised	29626
Code.	29627

In approving plans under this section, the department	29628
shall ensure that the aggregate of all plans provide for the	29629
increased enrollment into home or community-based services during	29630
each state fiscal year of at least five hundred individuals who	29631
did not receive residential services, supported living, or home or	29632
community-based services the prior state fiscal year if the	29633
department has enough additional enrollment available for this	29634
purpose.	29635

If it approves a county board's plan, the department may	29636
authorize distribution to the county board of amounts the	29637
department has allocated to the county board for home or	29638
community-based services. The department may distribute the	29639
amounts within fifteen days of the distribution authorization. The	29640
department may distribute the amounts directly to the county board	29641
or assign the amounts to home or community-based service	29642
allocations used for payment authorization of home or	29643
community-based services.	29644

The department shall establish accountability mechanisms	29645
that the department shall use to determine whether a county board	29646
is complying with the programmatic and financial outcomes	29647
specified its approved plan. If the department determines that a	29648
county board is not in compliance with the programmatic or	29649
financial outcomes specified in its approved plan, the department	29650
may take corrective action, including either of the following:	29651

(A) Providing the county board technical assistance;

29652

(B) Suspending the county board's plan and entering into a	29653
contract with a person or government entity selected by the	29654
department under which the administration and implementation of	29655
the plan is assigned to the person or government entity. The	29656
department shall re-approve the county board's plan and allow the	29657
county board to resume administration and implementation of the	29658
plan when the department is satisfied that the county board has	29659
successfully implemented all parts of a plan of correction and is	29660
capable of complying with the programmatic or financial outcomes	29661
specified in the plan.	29662

Sec. 5123.047. (A) The department of mental retardation and	29663
developmental disabilities shall pay the nonfederal share of	29664
medicaid expenditures for habilitation center services provided to	29665
an individual with mental retardation or other developmental	29666
disability unless section 5111.041 of the Revised Code requires a	29667
county board of mental retardation and developmental disabilities	29668
or a school district to pay the nonfederal share.	29669

(B) The department shall pay the nonfederal share of	29670
medicaid expenditures for medicaid case management services if	29671
either of the following apply:	29672

(1) The services are provided to an individual with mental	29673
retardation or other developmental disability who a county board	29674
has determined under section 5126.041 of the Revised Code is not	29675
eligible for county board services;	29676

(2) The services are provided to an individual with mental	29677
retardation or other developmental disability by a public or	29678
private agency with which the department has contracted under	29679
section 5123.56 of the Revised Code to provide protective services	29680
to the individual.	29681

(C) The department shall pay the nonfederal share of	29682
medicaid expenditures for home or community-based services	29683
provided to an individual with mental retardation or other	29684
developmental disability who a county board has determined under	29685
section 5126.041 of the Revised Code is not eligible for county	29686
board services.	29687

Sec. 5123.048. (A) For state fiscal year 2002, the	29688
department of mental retardation and developmental disabilities	29689
shall assign to a county board of mental retardation and	29690
developmental disabilities the nonfederal share of medicaid	29691
expenditures for habilitation center services that a private	29692
habilitation center provides if all of the following apply:	29693

(1) The individuals who receive the services also received	29694
the services from the center pursuant to a contract the center had	29695
with the department in state fiscal year 2001;	29696

(2) The county board determined under section 5126.041 of	29697
the Revised Code that the individuals who receive the services are	29698
eligible for county board services;	29699

(3) The county board contracts with the center to provide	29700
the services after the center's contract with the department ends.	29701

(B) The department shall also make the assignment under	29702
division (A) of this section for each successive state fiscal year	29703
that the county board contracts with the private habilitation	29704
center to provide the habilitation center services to the	29705
individuals who received the services pursuant to the contract the	29706
department had with the center in state fiscal year 2001.	29707

(C) The amount the department shall assign under	29708
divisions (A) and (B) of this section shall be adequate to ensure	29709
that the habilitation center services the individuals receive are	29710
comparable in scope to the habilitation center services they	29711
received when the private habilitation center was under contract	29712
with the department.	29713

(D) A county board shall use the assignment it receives	29714
under divisions (A) and (B) of this section to pay the nonfederal	29715
share of the medicaid expenditures for the habilitation center	29716
services the county board is required by division (D) of section	29717
5111.041 of the Revised Code to pay.	29718

Sec. 5123.049. The director of mental retardation and	29719
developmental disabilities shall adopt rules in accordance with	29720
Chapter 119. of the Revised Code governing the authorization and	29721
payment of home or community-based services, medicaid case	29722
management services, and habilitation center services. The rules	29723
shall provide for private providers of the services to receive one	29724
hundred per cent of the medicaid allowable payment amount and for	29725
government providers of the services to receive the federal share	29726
of the medicaid allowable payment, less the amount withheld as a	29727
fee under section 5123.0412 of the Revised Code and any amount	29728
that may be required to be deposited into a county MR/DD medicaid	29729
reserve fund under section 5705.091 of the Revised Code. The	29730
rules shall establish the process by which county boards of mental	29731
retardation and developmental disabilities shall certify and	29732
provide the nonfederal share of medicaid expenditures that the	29733
county board is required by division (A) of section 5126.056 of	29734
the Revised Code to pay.	29735

Sec. 5123.0410. (A) An individual with mental retardation or	29736
other developmental disability who moves from one county in this	29737
state to another county in this state shall receive home or	29738
community-based services in the new county that are comparable in	29739
scope to the home or community-based services the individual	29740
receives in the prior county at the time the individual moves. If	29741
the county board serving the county to which the individual moves	29742
determines under section 5126.041 of the Revised Code that the	29743
individual is eligible for county board services, the county board	29744
shall ensure that the individual receives the comparable services.	29745
If the county board does not make that determination, the	29746
department of mental retardation and developmental disabilities	29747
shall ensure that the individual receives the comparable services.	29748

If the home or community-based services that the	29749
individual receives at the time the individual moves includes	29750
residential services, the department shall reduce the amount the	29751
department allocates to the county board serving the county the	29752
individual left for those residential services by an amount that	29753
equals the payment the department authorizes or projects, or both,	29754
for those services from the last day the individual resides in the	29755
county to the last day of the state fiscal year in which the	29756
individual moves. The department shall increase the amount the	29757
department allocates to the county board serving the county the	29758
individual moves to by the same amount. The department shall make	29759
the reduction and increase effective the day the department	29760
determines the individual has residence in the new county. The	29761
department shall determine the amount that is to be reduced and	29762
increased in accordance with the department's rules for	29763
authorizing payments for home or community-based services	29764
established adopted under section 5123.049 of the Revised Code.	29765
The department shall annualize the reduction and increase for the	29766
subsequent state fiscal year as necessary.	29767

Sec. 5123.0411. The department of mental retardation and	29768
developmental disabilities may bring a mandamus action against a	29769
county board of mental retardation and developmental disabilities	29770
that fails to pay the nonfederal share of medicaid expenditures	29771
that the county board is required by division (A) of section	29772
5126.056 of the Revised Code to pay. The department may bring the	29773
mandamus action in the court of common pleas of the county served	29774
by the county board or in the Franklin county court of common	29775
pleas.	29776

Sec. 5123.0412. (A) At times the department of mental	29777
retardation and developmental disabilities determines, the	29778
department shall charge each county board of mental retardation	29779
and developmental disabilities a fee equal to one per cent of the	29780
total value of all medicaid paid claims for habilitation center	29781
services, medicaid case management services, and home or	29782
community-based services for which the county board contracts or	29783
provides itself. No county board shall pass the cost of a fee	29784
charged to the county board under this section on to a person or	29785
government entity with which the county board contracts to provide	29786
the services.	29787

(B) Two-thirds of the fees collected under this section	29788
shall be deposited into ODMR/DD administration and oversight fund,	29789
which is hereby created in the state treasury. One-third of the	29790
fees collected under this section shall be deposited into the	29791
ODJFS administration and oversight fund, which is hereby created	29792
in the state treasury. The department of mental retardation and	29793
developmental disabilities shall use the money in the ODMR/DD	29794
administration and oversight fund and the department of job and	29795
family services shall use the money in the ODJFS administration	29796
and oversight fund for both of the following purposes:	29797

(1) The administrative and oversight costs of habilitation	29798
center services, medicaid case management services, and home or	29799
community-based services that a county board develops and monitors	29800
and the county board or a person or government entity under	29801
contract with the county board provides. The administrative and	29802
oversight costs shall include costs for staff, systems, and other	29803
resources the departments need and dedicate solely to the	29804
following duties associated with the services:	29805

(a) Eligibility determinations;

29806

(b) Training;

29807

(c) Fiscal management;

29808

(d) Claims processing;

29809

(e) Quality assurance oversight;

29810

(f) Other duties the departments identify.

29811

(2) Providing technical support to county boards' local	29812
administrative authority under section 5126.055 of the Revised	29813
Code for the services.	29814

(C) The departments of mental retardation and developmental	29815
disabilities and job and family services shall enter into an	29816
interagency agreement to provide for the departments to coordinate	29817
the staff whose costs are paid for with money in the ODMR/DD	29818
administration and oversight fund and the ODJFS administration and	29819
oversight fund.	29820

(D) The departments shall submit an annual report to the	29821
director of budget and management certifying how the departments	29822
spent the money in the ODMR/DD administration and oversight fund	29823
and the ODJFS administration and oversight fund for the purposes	29824
specified in division (B) of this section.	29825

Sec. 5123.0413. The department of mental retardation and	29826
developmental disabilities, in consultation with the department of	29827
job and family services and county boards of mental retardation	29828
and developmental disabilities, shall plan for the establishment,	29829
funding, and management of one or more of the following to pay for	29830
extraordinary costs, including extraordinary costs for services to	29831
individuals with mental retardation or other developmental	29832
disability, and ensure the availability of adequate funds in the	29833
event a county property tax levy for services for individuals with	29834
mental retardation or other developmental disability fails:	29835

(A) County MR/DD medicaid reserve funds;

29836

(B) A state MR/DD risk fund;

29837

(C) A state insurance against MR/DD risk fund.

29838

Sec. 5123.195.  No residential facility shall terminate its	29839
status as a provider under the medicaid program under Chapter	29840
5111. of the Revised Code unless it has, at least ninety days	29841
prior to such termination, provided written notice to the	29842
department of job and family services of such action. This	29843
requirement does not apply in cases where the department of job	29844
and family services terminates a residential facility's provider	29845
agreement or provider status.	29846

Sec. 5123.60.  (A) A legal rights service is hereby created	29847
and established to protect and advocate the rights of mentally ill	29848
persons, mentally retarded persons, developmentally disabled	29849
persons, and other disabled persons who may be represented by the	29850
service pursuant to division (L) of this section; to receive and	29851
act upon complaints concerning institutional and hospital	29852
practices and conditions of institutions for mentally retarded or	29853
developmentally disabled persons and hospitals for the mentally	29854
ill; and to assure that all persons detained, hospitalized,	29855
discharged, or institutionalized, and all persons whose detention,	29856
hospitalization, discharge, or institutionalization is sought or	29857
has been sought under this chapter or Chapter 5122. of the Revised	29858
Code are fully informed of their rights and adequately represented	29859
by counsel in proceedings under this chapter or Chapter 5122. of	29860
the Revised Code and in any proceedings to secure the rights of	29861
such those persons. Notwithstanding the definitions of "mentally	29862
retarded person" and "developmentally disabled person" in section	29863
5123.01 of the Revised Code, the legal rights service shall	29864
determine who is a mentally retarded or developmentally disabled	29865
person for purposes of this section and sections 5123.601 to	29866
5123.604 of the Revised Code.	29867

(B) In regard to those persons detained, hospitalized, or	29868
institutionalized under Chapter 5122. of the Revised Code, the	29869
legal rights service shall undertake formal representation only of	29870
those persons who are involuntarily detained, hospitalized, or	29871
institutionalized pursuant to sections 5122.10 to 5122.15 of the	29872
Revised Code, and those voluntarily detained, hospitalized, or	29873
institutionalized who are minors, who have been adjudicated	29874
incompetent, who have been detained, hospitalized, or	29875
institutionalized in a public hospital, or who have requested	29876
representation by the legal rights service. If a person referred	29877
to in division (A) of this section voluntarily requests in writing	29878
that the legal rights service terminate participation in the	29879
person's case, such involvement shall cease.	29880

(C) Any person voluntarily hospitalized or institutionalized	29881
in a public hospital under division (A) of section 5122.02 of the	29882
Revised Code, after being fully informed of the person's rights	29883
pursuant to under division (A) of this section, may, by written	29884
request, waive assistance by the legal rights service if the	29885
waiver is knowingly and intelligently made, without duress or	29886
coercion.	29887

The waiver may be rescinded at any time by the voluntary	29888
patient or resident, or by the voluntary patient's or resident's	29889
legal guardian.	29890

(D)(1) The legal rights service commission is hereby created	29891
for the purposes of appointing an administrator of the legal	29892
rights service, advising the administrator, assisting the	29893
administrator in developing a budget, and establishing general	29894
policy guidelines for the legal rights service. The commission	29895
may receive and act upon appeals of personnel decisions by the	29896
administrator.	29897

(2) The commission shall consist of seven members. One	29898
member, who shall serve as chairperson, shall be appointed by the	29899
chief justice of the supreme court, three members shall be	29900
appointed by the speaker of the house of representatives, and	29901
three members shall be appointed by the president of the senate.	29902
At least two members shall have experience in the field of	29903
developmental disabilities, and at least two members shall have	29904
experience in the field of mental health. No member shall be a	29905
provider or related to a provider of services to mentally	29906
retarded, developmentally disabled, or mentally ill persons. Terms	29907

(3) Terms of office of the members of the commission shall	29908
be for three years, each term ending on the same day of the month	29909
of the year as did the term which it succeeds. Each member shall	29910
serve subsequent to the expiration of the member's term until a	29911
successor is appointed and qualifies, or until sixty days has	29912
elapsed, whichever occurs first. All No member shall serve more	29913
than two consecutive terms.	29914

All vacancies in the membership of the commission shall be	29915
filled in the manner prescribed for the regular appointments to	29916
the commission and shall be limited to the unexpired terms. No	29917
member shall serve more than two consecutive terms. The	29918
administrator shall not pursue any legal action under division (G)	29919
or (H) of this section until any vacancies existing in the	29920
membership of the commission have been filled.	29921

(4) The commission shall meet at least four times each year.	29922
Members shall be reimbursed for their necessary and actual	29923
expenses incurred in the performance of their official duties.	29924

(5) The administrator of the legal rights service shall be	29925
appointed for a five-year term, subject to removal for mental or	29926
physical incapacity to perform the duties of the office,	29927
conviction of violation of any law relating to the administrator's	29928
powers and duties, or other good cause shown.	29929

The administrator shall be a person who has had special	29930
training and experience in the type of work with which the legal	29931
rights service is charged. If the administrator is not an	29932
attorney, the administrator shall seek legal counsel when	29933
appropriate. The salary of the administrator shall be established	29934
in accordance with section 124.14 of the Revised Code.	29935

(E) The legal rights service shall be completely independent	29936
of the department of mental health and the department of mental	29937
retardation and developmental disabilities and, notwithstanding	29938
section 109.02 of the Revised Code, shall also be independent of	29939
the office of the attorney general. The administrator of the	29940
legal rights service, staff, and attorneys designated by the	29941
administrator to represent persons detained, hospitalized, or	29942
institutionalized under this chapter or Chapter 5122. of the	29943
Revised Code shall have ready access to the following:	29944

(1) During normal business hours and at other reasonable	29945
times, to all records relating to expenditures of state and	29946
federal funds or to the commitment, care, treatment, and	29947
habilitation of all persons represented by the legal rights	29948
service, including those who may be represented pursuant to	29949
division (L) of this section, or persons detained, hospitalized,	29950
institutionalized, or receiving services under this chapter or	29951
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	29952
records maintained by the following entities providing services	29953
for those persons: departments; institutions; hospitals;	29954
community residential facilities; boards of alcohol, drug	29955
addiction, and mental health services; county boards of mental	29956
retardation and developmental disabilities; contract agencies of	29957
those boards; and any other entity providing services to persons	29958
who may be represented by the service pursuant to division (L) of	29959
this section;	29960

(2) To any Any records maintained in computerized data banks	29961
of the departments or boards or, in the case of persons who may be	29962
represented by the service pursuant to division (L) of this	29963
section, any other entity that provides services to those persons;	29964

(3) During their normal working hours, to personnel of the	29965
departments, facilities, boards, agencies, institutions,	29966
hospitals, and other service-providing entities;	29967

(4) At any time, to all persons detained, hospitalized, or	29968
institutionalized; persons receiving services under this chapter	29969
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	29970
persons who may be represented by the service pursuant to division	29971
(L) of this section.	29972

(F) The administrator of the legal rights service shall do	29973
the following:	29974

(1) Administer and organize the work of the legal rights	29975
service and establish administrative or geographic divisions as	29976
the administrator considers necessary, proper, and expedient;	29977

(2) Adopt and promulgate rules and prescribe duties for the	29978
efficient conduct of the business and general administration of	29979
the legal rights service;	29980

(3) Appoint and discharge employees, and hire such experts,	29981
consultants, advisors, or other professionally qualified persons	29982
as the administrator considers necessary to carry out the duties	29983
of the legal rights service;	29984

(4) Apply for and accept grants of funds, and accept	29985
charitable gifts and bequests;	29986

(5) Prepare and submit a budget to the general assembly for	29987
the operation of the legal rights service;	29988

(6) Enter into contracts and make such expenditures as are	29989
necessary for the efficient operation of the legal rights service;	29990

(7) Annually prepare a report of activities and submit	29991
copies of the report to the governor, the chief justice of the	29992
supreme court, the president of the senate, the speaker of the	29993
house of representatives, the director of mental health, and the	29994
director of mental retardation and developmental disabilities, and	29995
make the report available to the public.	29996

(G) The legal rights service may act directly or contract	29997
with other organizations or individuals for the provision of the	29998
services envisioned under this section. Whenever possible, the	29999
administrator shall attempt to facilitate the resolution of	30000
complaints through administrative channels. If Subject to division	30001
(D)(3) of this section, if attempts at administrative resolution	30002
prove unsatisfactory, the administrator may pursue any legal,	30003
administrative, and other appropriate remedies or approaches that	30004
may be necessary to accomplish the purposes of this section.	30005
Relationships between personnel and the agents of the legal rights	30006
service and its clients shall be fiduciary relationships, and all	30007
communications shall be confidential, as if between attorney and	30008
client.	30009

(H) The Subject to division (D)(3) of this section, the legal	30010
rights service, on the order of the administrator, with the	30011
approval of the commission, may compel by subpoena the appearance	30012
and sworn testimony of any person the administrator reasonably	30013
believes may be able to provide information or to produce any	30014
documents, books, records, papers, or other information necessary	30015
to carry out its duties.	30016

(I) The legal rights service may conduct public hearings.

30017

(J) The legal rights service may request from any	30018
governmental agency any cooperation, assistance, services, or data	30019
that will enable it to perform its duties.	30020

(K) In any malpractice action filed against the	30021
administrator of the legal rights service, a member of the staff	30022
of the legal rights service, or an attorney designated by the	30023
administrator to perform legal services under division (E) of this	30024
section, the state shall, when the administrator, member, or	30025
attorney has acted in good faith and in the scope of employment,	30026
indemnify the administrator, member, or attorney for any judgment	30027
awarded or amount negotiated in settlement, and for any court	30028
costs or legal fees incurred in defense of the claim.	30029

This division does not limit or waive, and shall not be	30030
construed to limit or waive, any defense that is available to the	30031
legal rights service, its administrator or employees, persons	30032
under a personal services contract with it, or persons designated	30033
under division (E) of this section, including, but not limited to,	30034
any defense available under section 9.86 of the Revised Code.	30035

(L) In addition to providing services to mentally ill,	30036
mentally retarded, or developmentally disabled persons, when a	30037
grant authorizing the provision of services to other individuals	30038
is accepted pursuant to division (F)(4) of this section, the legal	30039
rights service and its ombudsperson section may provide advocacy	30040
or ombudsperson services to those other individuals and exercise	30041
any other authority granted by this section or sections 5123.601	30042
to 5123.604 of the Revised Code on behalf of those individuals.	30043
Determinations of whether an individual is eligible for services	30044
under this division shall be made by the legal rights service.	30045

Sec. 5123.71.  (A)(1) Proceedings for the involuntary	30046
institutionalization of a person pursuant to sections 5123.71 to	30047
5123.76 of the Revised Code shall be commenced by the filing of an	30048
affidavit with the probate division of the court of common pleas	30049
of the county where the person person's is located resides or	30050
where the person is institutionalized, in the manner and form	30051
prescribed by the department of mental retardation and	30052
developmental disabilities either on information or actual	30053
knowledge, whichever is determined to be proper by the court. The	30054
affidavit may be filed only by a person who has custody of the	30055
individual as a parent, guardian, or service provider or by a	30056
person acting on behalf of the department or a county board of	30057
mental retardation and developmental disabilities. This section	30058
does not apply regarding the institutionalization of a person	30059
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the	30060
Revised Code.	30061

The affidavit shall contain an allegation setting forth the	30062
specific category or categories under division (L)(P) of section	30063
5123.01 of the Revised Code upon which the commencement of	30064
proceedings is based and a statement of the factual ground for the	30065
belief that the person is a mentally retarded person subject to	30066
institutionalization by court order. Except as provided in	30067
division (A)(2) of this section, the affidavit shall be	30068
accompanied by both of the following:	30069

(a) A comprehensive evaluation report prepared by the	30070
person's evaluation team that includes a statement by the members	30071
of the team certifying that they have performed a comprehensive	30072
evaluation of the person and that they are of the opinion that the	30073
person is a mentally retarded person subject to	30074
institutionalization by court order;	30075

(b) An assessment report prepared by the county board of	30076
mental retardation and developmental disabilities under section	30077
5123.711 of the Revised Code specifying that the individual is in	30078
need of services on an emergency or priority basis.	30079

(2) A In lieu of the comprehensive evaluation report, the	30080
affidavit may be accompanied by a written and sworn statement that	30081
the person or the guardian of a person adjudicated incompetent has	30082
refused to allow a comprehensive evaluation and county board	30083
assessment and assessment reports. Immediately after accepting an	30084
affidavit that is not accompanied by the reports of a	30085
comprehensive evaluation and county board assessment, the court	30086
shall cause a comprehensive evaluation and county board assessment	30087
of the person named in the affidavit to be performed. The	30088
evaluation shall be conducted in the least restrictive environment	30089
possible and the assessment shall be conducted in the same manner	30090
as assessments conducted under section 5123.711 of the Revised	30091
Code. The evaluation and assessment must be completed before a	30092
probable cause hearing or full hearing may be held under section	30093
5123.75 or 5123.76 of the Revised Code.	30094

A written report of the evaluation team's findings and the	30095
county board's assessment shall be filed with the court. The	30096
reports shall, consistent with the rules of evidence, be accepted	30097
as probative evidence in any proceeding under section 5123.75 or	30098
5123.76 of the Revised Code. If the counsel for the person who is	30099
evaluated or assessed is known, the court shall send to the	30100
counsel a copy of the reports as soon as possible after they are	30101
filed and prior to any proceedings under section 5123.75 or	30102
5123.76 of the Revised Code.	30103

(B) , if the division may the,, Any person who is	30104
involuntarily detained in an institution or otherwise is in	30105
custody under this chapter shall be informed the person of the	30106
right to do the following:	30107

(1) Immediately make a reasonable number of telephone calls	30108
or use other reasonable means to contact an attorney, a physician,	30109
or both, to contact any other person or persons to secure	30110
representation by counsel, or to obtain medical assistance, and be	30111
provided assistance in making calls if the assistance is needed	30112
and requested;	30113

(2) Retain counsel and have independent expert evaluation	30114
and, if the person is an indigent person, be represented by	30115
court-appointed counsel and have independent expert evaluation at	30116
court expense;	30117

(3) Upon request, have a hearing to determine whether there	30118
is probable cause to believe that the person is a mentally	30119
retarded person subject to institutionalization by court order.	30120

(C) No person who is being treated by spiritual means	30121
through prayer alone in accordance with a recognized religious	30122
method of healing may be ordered detained or involuntarily	30123
committed unless the court has determined that the person	30124
represents a very substantial risk of self-impairment,	30125
self-injury, or impairment or injury to self to others.	30126

Sec. 5123.76.  (A) The full hearing shall be conducted in a	30127
manner consistent with the procedures outlined in this chapter and	30128
with due process of law. The hearing shall be held by a judge of	30129
the probate division or, upon transfer by the judge of the probate	30130
division, by another judge of the court of common pleas, or a	30131
referee designated by the judge of the probate division. Any	30132
referee designated by the judge of the probate division must be an	30133
attorney.	30134

(1) The following shall be made available to counsel for the	30135
respondent:	30136

(a) All relevant documents, information, and evidence in the	30137
custody or control of the state or prosecutor;	30138

(b) All relevant documents, information, and evidence in the	30139
custody or control of the institution, facility, or program in	30140
which the respondent currently is held or in which the respondent	30141
has been held pursuant to these proceedings;	30142

(c) With the consent of the respondent, all relevant	30143
documents, information, and evidence in the custody or control of	30144
any institution or person other than the state.	30145

(2) The respondent has the right to be represented by	30146
counsel of the respondent's choice and has the right to attend the	30147
hearing except if unusual circumstances of compelling medical	30148
necessity exist that render the respondent unable to attend and	30149
the respondent has not expressed a desire to attend.	30150

(3) If the respondent is not represented by counsel and the	30151
court determines that the conditions specified in division (A)(2)	30152
of this section justify the respondent's absence and the right to	30153
counsel has not been validly waived, the court shall appoint	30154
counsel forthwith to represent the respondent at the hearing,	30155
reserving the right to tax costs of appointed counsel to the	30156
respondent unless it is shown that the respondent is indigent. If	30157
the court appoints counsel, or if the court determines that the	30158
evidence relevant to the respondent's absence does not justify the	30159
absence, the court shall continue the case.	30160

(4) The respondent shall be informed of the right to retain	30161
counsel, to have independent expert evaluation, and, if an	30162
indigent person, to be represented by court appointed counsel and	30163
have expert independent evaluation at court expense.	30164

(5) The hearing may be closed to the public unless counsel	30165
for the respondent requests that the hearing be open to the	30166
public.	30167

(6) Unless objected to by the respondent, the respondent's	30168
counsel, or the designee of the director of mental retardation and	30169
developmental disabilities, the court, for good cause shown, may	30170
admit persons having a legitimate interest in the proceedings.	30171

(7) The affiant under section 5123.71 of the Revised Code	30172
shall be subject to subpoena by either party.	30173

(8) The court shall examine the sufficiency of all documents	30174
filed and shall inform the respondent, if present, and the	30175
respondent's counsel of the nature of the content of the documents	30176
and the reason for which the respondent is being held or for which	30177
the respondent's placement is being sought.	30178

(9) The court shall receive only relevant, competent, and	30179
material evidence.	30180

(10) The designee of the director shall present the evidence	30181
for the state. In proceedings under this chapter, the attorney	30182
general shall present the comprehensive evaluation, assessment,	30183
diagnosis, prognosis, record of habilitation and care, if any, and	30184
less restrictive habilitation plans, if any. The attorney general	30185
does not have a similar presentation responsibility in connection	30186
with a person who has been found not guilty by reason of insanity	30187
and who is the subject of a hearing under section 2945.40 of the	30188
Revised Code to determine whether the person is a mentally	30189
retarded person subject to institutionalization by court order.	30190

(11) The respondent has the right to testify and the	30191
respondent or the respondent's counsel has the right to subpoena	30192
witnesses and documents and to present and cross-examine	30193
witnesses.	30194

(12) The respondent shall not be compelled to testify and	30195
shall be so advised by the court.	30196

(13) On motion of the respondent or the respondent's counsel	30197
for good cause shown, or upon the court's own motion, the court	30198
may order a continuance of the hearing.	30199

(14) To an extent not inconsistent with this chapter, the	30200
Rules of Civil Procedure shall be applicable.	30201

(B) Unless, upon completion of the hearing, the court finds	30202
by clear and convincing evidence that the respondent named in the	30203
affidavit is a mentally retarded person subject to	30204
institutionalization by court order, it shall order the	30205
respondent's discharge forthwith.	30206

(C) If, upon completion of the hearing, the court finds by	30207
clear and convincing evidence that the respondent is a mentally	30208
retarded person subject to institutionalization by court order,	30209
the court may order the respondent's discharge or order the	30210
respondent, for a period not to exceed ninety days, to any of the	30211
following:	30212

(1) A public institution, provided that commitment of the	30213
respondent to the institution will not cause the institution to	30214
exceed its licensed capacity determined in accordance with section	30215
5123.19 of the Revised Code and provided that such a placement is	30216
indicated by the comprehensive evaluation report filed pursuant to	30217
section 5123.71 of the Revised Code;	30218

(2) A private institution;

30219

(3) A county mental retardation program;

30220

(4) Receive private habilitation and care;

30221

(5) Any other suitable facility, program, or the care of any	30222
person consistent with the comprehensive evaluation, assessment,	30223
diagnosis, prognosis, and habilitation needs of the respondent.	30224

(D) Any order made pursuant to division (C)(2), (4), or (5)	30225
of this section shall be conditional upon the receipt by the court	30226
of consent by the facility, program, or person to accept the	30227
respondent.	30228

(E) In determining the place to which, or the person with	30229
whom, the respondent is to be committed, the court shall consider	30230
the comprehensive evaluation, assessment, diagnosis, and projected	30231
habilitation plan for the respondent, and shall order the	30232
implementation of the least restrictive alternative available and	30233
consistent with habilitation goals.	30234

(F) If, at any time it is determined by the director of the	30235
facility or program to which, or the person to whom, the	30236
respondent is committed that the respondent could be equally well	30237
habilitated in a less restrictive environment that is available,	30238
the following shall occur:	30239

(1) The respondent shall be released by the director of the	30240
facility or program or by the person forthwith and referred to the	30241
court together with a report of the findings and recommendations	30242
of the facility, program, or person.	30243

(2) The director of the facility or program or the person	30244
shall notify the respondent's counsel and the designee of the	30245
director of mental retardation and developmental disabilities.	30246

(3) The court shall dismiss the case or order placement in	30247
the less restrictive environment.	30248

(G)(1) Except as provided in divisions (G)(2) and (3) of	30249
this section, any person who has been committed under this section	30250
may apply at any time during the ninety-day period for voluntary	30251
admission to an institution under section 5123.69 of the Revised	30252
Code. Upon admission of a voluntary resident, the managing	30253
officer immediately shall notify the court, the respondent's	30254
counsel, and the designee of the director in writing of that fact	30255
by mail or otherwise, and, upon receipt of the notice, the court	30256
shall dismiss the case. is admitted	30257

(2) admitted A person who is found incompetent to stand trial	30258
or not guilty by reason of insanity and who is committed pursuant	30259
to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	30260
Code shall not be voluntarily admitted to an institution pursuant	30261
to division (G)(1) of this section until after the termination of	30262
the commitment, as described in division (J) of section 2945.401	30263
of the Revised Code.	30264

(H) If, at the end of any commitment period, the respondent	30265
has not already been discharged or has not requested voluntary	30266
admission status, the director of the facility or program, or the	30267
person to whose care the respondent has been committed, shall	30268
discharge the respondent forthwith, unless at least ten days	30269
before the expiration of that period the designee of the director	30270
of mental retardation and developmental disabilities or the	30271
prosecutor files an application with the court requesting	30272
continued commitment.	30273

(1) An application for continued commitment shall include a	30274
written report containing a current comprehensive evaluation and	30275
assessment, a diagnosis, a prognosis, an account of progress and	30276
past habilitation, and a description of alternative habilitation	30277
settings and plans, including a habilitation setting that is the	30278
least restrictive setting consistent with the need for	30279
habilitation. A copy of the application shall be provided to	30280
respondent's counsel. The requirements for notice under section	30281
5123.73 of the Revised Code and the provisions of divisions (A) to	30282
(E) of this section apply to all hearings on such applications.	30283

(2) A hearing on the first application for continued	30284
commitment shall be held at the expiration of the first ninety-day	30285
period. The hearing shall be mandatory and may not be waived.	30286

(3) Subsequent periods of commitment not to exceed one	30287
hundred eighty days each may be ordered by the court if the	30288
designee of the director of mental retardation and developmental	30289
disabilities files an application for continued commitment, after	30290
a hearing is held on the application or without a hearing if no	30291
hearing is requested and no hearing required under division (H)(4)	30292
of this section is waived. Upon the application of a person	30293
involuntarily committed under this section, supported by an	30294
affidavit of a licensed physician alleging that the person is no	30295
longer a mentally retarded person subject to institutionalization	30296
by court order, the court for good cause shown may hold a full	30297
hearing on the person's continued commitment prior to the	30298
expiration of any subsequent period of commitment set by the	30299
court.	30300

(4) A mandatory hearing shall be held at least every two	30301
years after the initial commitment.	30302

(5) If the court, after a hearing upon a request to continue	30303
commitment, finds that the respondent is a mentally retarded	30304
person subject to institutionalization by court order, the court	30305
may make an order pursuant to divisions (C), (D), and (E) of this	30306
section.	30307

(I) Notwithstanding the provisions of division (H) of this	30308
section, no person who is found to be a mentally retarded person	30309
subject to institutionalization by court order pursuant to	30310
division (L)(P)(2) of section 5123.01 of the Revised Code shall be	30311
held under involuntary commitment for more than five years.	30312

(J) The managing officer admitting a person pursuant to a	30313
judicial proceeding, within ten working days of the admission,	30314
shall make a report of the admission to the department.	30315

entity entity entity entity

30316

Sec. 5126.01.  As used in this chapter:

30317

(A) "Adult services" means a range of habilitation services	30318
designed to meet the individual needs of persons who are eighteen	30319
years of age or over and are not enrolled in a program or service	30320
under Chapter 3323. of the Revised Code, and of persons sixteen	30321
and seventeen years of age who are eligible under rules adopted by	30322
the director of mental retardation and developmental disabilities	30323
pursuant to Chapter 119. of the Revised Code. Such services may	30324
include habilitation programs and services, sheltered employment	30325
providing a structured work environment, job training, job	30326
placement, supported employment, competitive employment, and	30327
planned therapeutic and work activities providing meaningful tasks	30328
designed to improve the effectiveness or degree with which an	30329
individual meets the standards of personal independence and social	30330
responsibility expected of the individual's age and cultural	30331
group.	30332

(B) As used in this division, "substantial functional	30333
limitation," "developmental delay," and "established risk" have	30334
the meanings established pursuant to section 5123.011 of the	30335
Revised Code.	30336

"Developmental disability" means a severe, chronic disability	30337
that is characterized by all of the following:	30338

(1) It is attributable to a mental or physical impairment or	30339
a combination of mental and physical impairments, other than a	30340
mental or physical impairment solely caused by mental illness as	30341
defined in division (A) of section 5122.01 of the Revised Code;	30342

(2) It is manifested before age twenty-two;

30343

(3) It is likely to continue indefinitely;

30344

(4) It results in one of the following:

30345

(a) In the case of a person under age three, at least one	30346
developmental delay or an established risk;	30347

(b) In the case of a person at least age three but under age	30348
six, at least two developmental delays or an established risk;	30349

(c) In the case of a person age six or older, a substantial	30350
functional limitation in at least three of the following areas of	30351
major life activity, as appropriate for the person's age:	30352
self-care, receptive and expressive language, learning, mobility,	30353
self-direction, capacity for independent living, and, if the	30354
person is at least age sixteen, capacity for economic	30355
self-sufficiency.	30356

(5) It causes the person to need a combination and sequence	30357
of special, interdisciplinary, or other type of care, treatment,	30358
or provision of services for an extended period of time that is	30359
individually planned and coordinated for the person.	30360

(C) "Early childhood services" means a planned program of	30361
habilitation designed to meet the needs of individuals with mental	30362
retardation or other developmental disabilities who have not	30363
attained compulsory school age.	30364

(D) "Habilitation" means the process by which the staff of	30365
the facility or agency assists an individual with mental	30366
retardation or other developmental disability in acquiring and	30367
maintaining those life skills that enable the individual to cope	30368
more effectively with the demands of the individual's own person	30369
and environment, and in raising the level of the individual's	30370
personal, physical, mental, social, and vocational efficiency.	30371
Habilitation includes, but is not limited to, programs of formal,	30372
structured education and training.	30373

(E) "Habilitation center services" means services provided by	30374
a habilitation center certified by the department of mental	30375
retardation and developmental disabilities under section 5123.041	30376
of the Revised Code and covered by the medicaid program pursuant	30377
to rules adopted under section 5111.041 of the Revised Code.	30378

(F) "Home or community-based services" means	30379
medicaid-funded home or community-based services provided under a	30380
medicaid component the department of mental retardation and	30381
developmental disabilities administers pursuant to section	30382
5111.871 of the Revised Code.	30383

(G) "Medicaid" has the same meaning as in section 5111.01	30384
of the Revised Code.	30385

(H) "Medicaid case management services" means case	30386
management services provided to an individual with mental	30387
retardation or other developmental disability that the state	30388
medicaid plan requires.	30389

(I) "Mental retardation" means a mental impairment	30390
manifested during the developmental period characterized by	30391
significantly subaverage general intellectual functioning existing	30392
concurrently with deficiencies in the effectiveness or degree with	30393
which an individual meets the standards of personal independence	30394
and social responsibility expected of the individual's age and	30395
cultural group.	30396

(F)(J) "Residential services" means services to individuals	30397
with mental retardation or other developmental disabilities to	30398
provide housing, food, clothing, habilitation, staff support, and	30399
related support services necessary for the health, safety, and	30400
welfare of the individuals and the advancement of their quality of	30401
life.	30402

(G)(K) "Resources" means available capital and other assets,	30403
including moneys received from the federal, state, and local	30404
governments, private grants, and donations; appropriately	30405
qualified personnel; and appropriate capital facilities and	30406
equipment.	30407

(H)(L) "Supportive home services" means a range of services	30408
to families of individuals with mental retardation or other	30409
developmental disabilities to develop and maintain increased	30410
acceptance and understanding of such persons, increased ability of	30411
family members to teach the person, better coordination between	30412
school and home, skills in performing specific therapeutic and	30413
management techniques, and ability to cope with specific	30414
situations.	30415

(I)(M) "Supported living" means services provided to an	30416
individual with mental retardation or other developmental	30417
disability through any public or private resources, including	30418
moneys from the individual, that enhance the individual's	30419
reputation in community life and advance the individual's quality	30420
of life by doing the following:	30421

(1) Providing the support necessary to enable an individual	30422
to live in a residence of the individual's choice and to choose to	30423
live alone, with any number of individuals who are not disabled,	30424
or with not more than three individuals with mental retardation	30425
and developmental disabilities unless the individuals are related	30426
by blood or marriage;	30427

(2) Encouraging the individual's participation in the	30428
community;	30429

(3) Promoting the individual's rights and autonomy;

30430

(4) Encouraging the increase of the individual's skills and	30431
competence.	30432

"Supported living" includes the provision of housing, food,	30433
clothing, habilitation, staff support, professional services, and	30434
any related support services necessary for the health, safety, and	30435
welfare of the individual receiving the services.	30436

Sec. 5126.042.  (A) As used in this section:

30437

(1) "Emergency" means any situation that creates for an	30438
individual with mental retardation or developmental disabilities a	30439
risk of substantial self-harm or substantial harm to others if	30440
action is not taken within thirty days. An "emergency" may	30441
include one or more of the following situations:	30442

(a) Loss of present residence for any reason, including	30443
legal action;	30444

(b) Loss of present caretaker for any reason, including	30445
serious illness of the caretaker, change in the caretaker's	30446
status, or inability of the caretaker to perform effectively for	30447
the individual;	30448

(c) Abuse, neglect, or exploitation of the individual;

30449

(d) Health and safety conditions that pose a serious risk to	30450
the individual or others of immediate harm or death;	30451

(e) Change in the emotional or physical condition of the	30452
individual that necessitates substantial accommodation that cannot	30453
be reasonably provided by the individual's existing caretaker.	30454

(2) "Medicaid" has the same meaning as in section 5111.01 of	30455
the Revised Code.	30456

(3) "Priority" means any situation that would constitute an	30457
emergency except that action to resolve the situation may be taken	30458
in more than thirty but less than ninety days without creating a	30459
risk of substantial harm to self or others.	30460

(B) If a county board of mental retardation and	30461
developmental disabilities determines that available resources are	30462
not sufficient to meet the needs of all individuals who request	30463
programs and services and may be offered the programs and	30464
services, it shall establish waiting lists for services. The	30465
board may establish priorities for making placements on its	30466
waiting lists according to an individual's emergency or priority	30467
status and shall establish priorities in accordance with division	30468
(D) of this section.	30469

The individuals who may be placed on a waiting list include	30470
individuals with a need for services on an emergency or priority	30471
basis and individuals who have requested services for which	30472
resources are not available.	30473

An Except for an individual who is to receive priority for	30474
services pursuant to division (D)(1)(d) of this section, an	30475
individual who currently receives a service but would like to	30476
change to another service shall not be placed on a waiting list	30477
but shall be placed on a service substitution waiting list. The	30478
board shall work with the individual, service providers, and all	30479
appropriate entities to facilitate the change in service as	30480
expeditiously as possible. The board may establish priorities for	30481
making placements on its service substitution waiting lists	30482
according to an individual's emergency or priority status.	30483

In addition to maintaining waiting lists and service	30484
substitution waiting lists, a board shall maintain a long-term	30485
service planning registry for individuals who wish to record their	30486
intention to request in the future a service they are not	30487
currently receiving. The purpose of the registry is to enable the	30488
board to document requests and to plan appropriately. The board	30489
may not place an individual on the registry who meets the	30490
conditions for receipt of services on an emergency or priority	30491
basis.	30492

(C) A county board shall establish a separate waiting list	30493
for each of the following categories of services, and may	30494
establish separate waiting lists within the waiting lists:	30495

(1) Early childhood services;

30496

(2) Educational programs for preschool and school age	30497
children;	30498

(3) Adult services;

30499

(4) Case management services;

30500

(5) Residential services and supported living;

30501

(6) Transportation services;

30502

(7) Other services determined necessary and appropriate for	30503
persons with mental retardation or a developmental disability	30504
according to their individual habilitation or service plans;	30505

(8) Family support services provided under section 5126.11	30506
of the Revised Code.	30507

(D)(1) In accordance with the county board's plan approved	30508
under section 5123.046 of the Revised Code and except as provided	30509
in division (D)(2) of this section, a county board shall give an	30510
individual who is eligible for home or community-based services	30511
and meets any of the following requirements priority over any	30512
other individual on a waiting list established under division (C)	30513
of this section other than an individual placed on the waiting	30514
list on an emergency status:	30515

(a) Does not receive residential services or supported	30516
living, either needs services in the individual's current living	30517
arrangement or will need services in a new living arrangement, and	30518
has a primary caretaker who is sixty years of age or older;	30519

(b) Is less than twenty-two years of age, does not receive	30520
residential services or supported living, resides in the home of	30521
the individual's family, and has at least one of the following:	30522

(i) Service needs that the county board determines are	30523
unusual in scope or intensity due to severe behavior problems for	30524
which a behavior support plan is needed;	30525

(ii) An emotional disorder for which anti-psychotic	30526
medication is needed;	30527

(iii) A medical condition that leaves the individual	30528
dependent on life-support medical technology;	30529

(iv) A condition affecting multiple body systems for which	30530
a combination of specialized medical, psychological, educational,	30531
or habilitation services are needed;	30532

(v) A condition the county board determines to be	30533
comparable in severity to any condition described in division	30534
(D)(1)(b)(i) to (iv) of this section and places the individual at	30535
significant risk of institutionalization.	30536

(c) Is twenty-two years of age or older and is determined	30537
by the county board to have intensive needs for residential	30538
services on an in-home or out-of-home basis;	30539

(d) Resides in an intermediate care facility for the	30540
mentally retarded or nursing facility and chooses to move to	30541
another setting.	30542

(2) No more than two hundred individuals in the state may	30543
receive priority for services during state fiscal years 2002 and	30544
2003 pursuant to division (D)(1)(b) of this section. No more than	30545
seventy-five individuals in the state may receive priority for	30546
services during state fiscal years 2002 and 2003 pursuant to	30547
division (D)(1)(d) of this section.	30548

(E) Prior to establishing any waiting list under this	30549
section, a county board shall develop and implement a policy for	30550
waiting lists that complies with this section and rules that the	30551
department of mental retardation and developmental disabilities	30552
shall adopt in accordance with Chapter 119. of the Revised Code.	30553
The department's rules shall include procedures to be followed to	30554
ensure that the due process rights of individuals placed on	30555
waiting lists are not violated.	30556

Prior to placing an individual on a waiting list, the county	30557
board shall assess the service needs of the individual in	30558
accordance with all applicable state and federal laws. The county	30559
board shall place the individual on the appropriate waiting list	30560
and may place the individual on more than one waiting list.	30561

At least annually, the county board shall reassess the	30562
service needs of each individual on a waiting list. If it	30563
determines that an individual no longer needs a program or	30564
service, the county board shall remove the individual from the	30565
waiting list. If it determines that an individual needs a program	30566
or service other than the one for which the individual is on the	30567
waiting list, the county board shall provide the program or	30568
service to the individual or place the individual on a waiting	30569
list for the program or service in accordance with the board's	30570
policy for waiting lists.	30571

When a program or service for which there is a waiting list	30572
becomes available, the county board shall reassess the service	30573
needs of the individual next scheduled on the waiting list to	30574
receive that program or service. If the reassessment demonstrates	30575
that the individual continues to need the program or service, the	30576
board shall offer the program or service to the individual. If it	30577
determines that an individual no longer needs a program or	30578
service, the county board shall remove the individual from the	30579
waiting list. If it determines that an individual needs a program	30580
or service other than the one for which the individual is on the	30581
waiting list, the county board shall provide the program or	30582
service to the individual or place the individual on a waiting	30583
list for the program or service in accordance with the board's	30584
policy for waiting lists.	30585

(E)(F) A child subject to a determination made pursuant to	30586
section 121.38 of the Revised Code who requires the home and or	30587
community-based services provided through the medical assistance	30588
waiver programs operated medicaid component that the department of	30589
mental retardation and developmental disabilities administers	30590
under sections 5111.87 and 5111.88 section 5111.871 of the Revised	30591
Code shall receive services through the waiver programs adopted	30592
under Chapters 5111., 5123., and 5126. of the Revised Code that	30593
medicaid component. For all other services, a child subject to a	30594
determination made pursuant to section 121.38 of the Revised Code	30595
shall be treated as an emergency by the county boards and shall	30596
not be subject to a waiting list.	30597

(F)(G) Not later than the fifteenth day of March of each	30598
even-numbered year, each county board shall prepare and submit to	30599
the director of mental retardation and developmental disabilities	30600
its recommendations for the funding of services for individuals	30601
with mental retardation and developmental disabilities and its	30602
proposals for reducing the waiting lists for services.	30603

(G)(H) The following shall take precedence over the	30604
applicable provisions of this section:	30605

(1) Medicaid rules and regulations;

30606

(2) Any specific requirements that may be contained within a	30607
medicaid state plan amendment or waiver program that a county	30608
board has authority to administer or with respect to which it has	30609
authority to provide services, programs, or supports.	30610

Sec. 5126.046. For the purpose of obtaining additional	30611
federal medicaid funds for home or community-based services,	30612
medicaid case management services, and habilitation center	30613
services, a county board of mental retardation and developmental	30614
disabilities may do both of the following:	30615

(A) Transfer an individual with mental retardation or other	30616
developmental disability who meets all of the following	30617
requirements to home or community-based services that include	30618
supported living or family support services:	30619

(1) Is twenty-two years of age or older;

30620

(2) Receives supported living or family support services;

30621

(3) Is eligible for the home or community-based services.

30622

(B) Transfer an individual with mental retardation or other	30623
developmental disability who meets all of the following	30624
requirements to home or community-based services that include	30625
adult services:	30626

(1) Receives adult services;

30627

(2) Resides in the individual's own home or the home of the	30628
individual's family and will continue to reside in that home after	30629
the transfer;	30630

(3) Is eligible for the home or community-based services.

30631

Sec. 5126.047. (A) Each county board of mental retardation	30632
and developmental disabilities that has local administrative	30633
authority under division (A) of section 5126.055 of the Revised	30634
Code for habilitation, vocational, or community employment	30635
services provided as part of home or community-based services	30636
shall create a list of all persons and government entities	30637
eligible to provide such habilitation, vocational, or community	30638
employment services. If the county board chooses and is eligible	30639
to provide such habilitation, vocational, or community employment	30640
services, the county board shall include itself on the list. The	30641
county board shall make the list available to each individual with	30642
mental retardation or other developmental disability who resides	30643
in the county and is eligible for such habilitation, vocational,	30644
or community employment services. The county board shall also	30645
make the list available to such individuals' families.	30646

An individual with mental retardation or other	30647
developmental disability who is eligible for habilitation,	30648
vocational, or community employment services may choose the	30649
provider of the services.	30650

If a county board has local administrative authority under	30651
division (A) of section 5126.055 of the Revised Code for	30652
habilitation, vocational, and community employment services	30653
provided as part of home or community-based services, the county	30654
board shall pay the nonfederal share of the habilitation,	30655
vocational, and community employment services when required by	30656
section 5126.056 of the Revised Code. The department of mental	30657
retardation and developmental disabilities shall pay the	30658
nonfederal share of such habilitation, vocational, and community	30659
employment services when required by section 5123.047 of the	30660
Revised Code.	30661

(B) Each month, the department of mental retardation and	30662
developmental disabilities shall create a list of all persons and	30663
government entities eligible to provide residential services and	30664
supported living. The department shall include on the list all	30665
residential facilities licensed under section 5123.19 of the	30666
Revised Code and all supported living providers certified under	30667
section 5126.431 of the Revised Code. The department shall	30668
distribute the monthly lists to county boards that have local	30669
administrative authority under division (A) of section 5126.055 of	30670
the Revised Code for residential services and supported living	30671
provided as part of home or community-based services. A county	30672
board that receives a list shall make it available to each	30673
individual with mental retardation or other developmental	30674
disability who resides in the county and is eligible for such	30675
residential services or supported living. The county board shall	30676
also make the list available to the families of those individuals.	30677

An individual who is eligible for residential services or	30678
supported living may choose the provider of the residential	30679
services or supported living.	30680

If a county board has local administrative authority under	30681
division (A) of section 5126.055 of the Revised Code for	30682
residential services and supported living provided as part of home	30683
or community-based services, the county board shall pay the	30684
nonfederal share of the residential services and supported living	30685
when required by section 5126.056 of the Revised Code. The	30686
department shall pay the nonfederal share of the residential	30687
services and supported living when required by section 5123.047 of	30688
the Revised Code.	30689

(C) If a county board that has local administrative	30690
authority under division (A) of section 5126.055 of the Revised	30691
Code for home or community-based services violates the right	30692
established by this section of an individual to choose a provider	30693
that is qualified and willing to provide services to the	30694
individual, the individual shall receive timely notice that the	30695
individual may request a hearing under section 5101.35 of the	30696
Revised Code.	30697

(D) The departments of mental retardation and developmental	30698
disabilities and job and family services shall adopt rules in	30699
accordance with Chapter 119. of the Revised Code governing the	30700
implementation of this section. The rules shall include	30701
procedures for individuals to choose their service providers. The	30702
rules shall not be limited by a provider selection system	30703
established under section 5126.42 of the Revised Code, including	30704
any pool of providers created pursuant to a provider selection	30705
system.	30706

Sec. 5126.05.  (A) Subject to the rules established by the	30707
director of mental retardation and developmental disabilities	30708
pursuant to Chapter 119. of the Revised Code for programs and	30709
services offered pursuant to this chapter, and subject to the	30710
rules established by the state board of education pursuant to	30711
Chapter 119. of the Revised Code for programs and services offered	30712
pursuant to Chapter 3323. of the Revised Code, the county board of	30713
mental retardation and developmental disabilities shall:	30714

(1) Administer and operate facilities, programs, and	30715
services as provided by this chapter and Chapter 3323. of the	30716
Revised Code and establish policies for their administration and	30717
operation;	30718

(2) Coordinate, monitor, and evaluate existing services and	30719
facilities available to individuals with mental retardation and	30720
developmental disabilities;	30721

(3) Provide early childhood services, supportive home	30722
services, and adult services, according to the plan and priorities	30723
developed under section 5126.04 of the Revised Code;	30724

(4) Provide or contract for special education services	30725
pursuant to Chapters 3317. and 3323. of the Revised Code and	30726
ensure that related services, as defined in section 3323.01 of the	30727
Revised Code, are available according to the plan and priorities	30728
developed under section 5126.04 of the Revised Code;	30729

(5) Adopt a budget, authorize expenditures for the purposes	30730
specified in this chapter and do so in accordance with section	30731
319.16 of the Revised Code, approve attendance of board members	30732
and employees at professional meetings and approve expenditures	30733
for attendance, and exercise such powers and duties as are	30734
prescribed by the director;	30735

(6) Submit annual reports of its work and expenditures,	30736
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	30737
the director, the superintendent of public instruction, and the	30738
board of county commissioners at the close of the fiscal year and	30739
at such other times as may reasonably be requested;	30740

(7) Authorize all positions of employment, establish	30741
compensation, including but not limited to salary schedules and	30742
fringe benefits for all board employees, approve contracts of	30743
employment for management employees that are for a term of more	30744
than one year, employ legal counsel under section 309.10 of the	30745
Revised Code, and contract for employee benefits;	30746

(8) Provide case management services, as defined in rules	30747
adopted by the director of mental retardation and developmental	30748
disabilities, in accordance with section 5126.15 of the Revised	30749
Code;	30750

(9) Certify respite care homes pursuant to rules adopted	30751
under section 5123.171 of the Revised Code by the director of	30752
mental retardation and developmental disabilities.	30753

(B) To the extent that rules adopted under this section	30754
apply to the identification and placement of handicapped children	30755
under Chapter 3323. of the Revised Code, they shall be consistent	30756
with the standards and procedures established under sections	30757
3323.03 to 3323.05 of the Revised Code.	30758

(C) Any county board may enter into contracts with other	30759
such boards and with public or private, nonprofit, or	30760
profit-making agencies or organizations of the same or another	30761
county, to provide the facilities, programs, and services	30762
authorized or required, upon such terms as may be agreeable, and	30763
in accordance with this chapter and Chapter 3323. of the Revised	30764
Code and rules adopted thereunder and in accordance with sections	30765
307.86 and 5126.071 of the Revised Code.	30766

(D) A county board may combine transportation for children	30767
and adults enrolled in programs and services offered under section	30768
5126.12 with transportation for children enrolled in classes	30769
funded under section 3317.20 or units approved under section	30770
3317.05 of the Revised Code.	30771

(E) A county board may purchase all necessary insurance	30772
policies, may purchase equipment and supplies through the	30773
department of administrative services or from other sources, and	30774
may enter into agreements with public agencies or nonprofit	30775
organizations for cooperative purchasing arrangements.	30776

(F) A county board may receive by gift, grant, devise, or	30777
bequest any moneys, lands, or property for the benefit of the	30778
purposes for which the board is established and hold, apply, and	30779
dispose of the moneys, lands, and property according to the terms	30780
of the gift, grant, devise, or bequest. All money received by	30781
gift, grant, bequest, or disposition of lands or property received	30782
by gift, grant, devise, or bequest shall be deposited in the	30783
county treasury to the credit of such board and shall be available	30784
for use by the board for purposes determined or stated by the	30785
donor or grantor, but may not be used for personal expenses of the	30786
board members. Any interest or earnings accruing from such gift,	30787
grant, devise, or bequest shall be treated in the same manner and	30788
subject to the same provisions as such gift, grant, devise, or	30789
bequest.	30790

(G) The board of county commissioners shall levy taxes and	30791
make appropriations sufficient to enable the county board of	30792
mental retardation and developmental disabilities to perform its	30793
functions and duties, and may utilize any available local, state,	30794
and federal funds for such purpose.	30795

Sec. 5126.051.  (A) To the extent that resources are	30796
available, a county board of mental retardation and developmental	30797
disabilities may shall provide for or arrange residential services	30798
and supported living for individuals with mental retardation and	30799
developmental disabilities.	30800

A county board may acquire, convey, lease, or sell property	30801
for residential services and supported living and enter into loan	30802
agreements, including mortgages, for the acquisition of such	30803
property. A county board is not required to comply with	30804
provisions of Chapter 307. of the Revised Code providing for	30805
competitive bidding or sheriff sales in the acquisition, lease,	30806
conveyance, or sale of property under this division, but the	30807
acquisition, lease, conveyance, or sale must be at fair market	30808
value determined by appraisal of one or more disinterested persons	30809
appointed by the board.	30810

Any action taken by a county board under this division that	30811
will incur debt on the part of the county shall be taken in	30812
accordance with Chapter 133. of the Revised Code. A county board	30813
shall not incur any debt on the part of the county without the	30814
prior approval of the board of county commissioners.	30815

(B)(1) To the extent that resources are available, in	30816
addition to sheltered employment and work activities provided as	30817
adult services pursuant to division (A)(3) of section 5126.05 of	30818
the Revised Code, a county board of mental retardation and	30819
developmental disabilities may provide or arrange for job	30820
training, vocational evaluation, and community employment services	30821
to mentally retarded and developmentally disabled individuals who	30822
are age eighteen and older and not enrolled in a program or	30823
service under Chapter 3323. of the Revised Code or age sixteen or	30824
seventeen and eligible for adult services under rules adopted by	30825
the director of mental retardation and developmental disabilities	30826
under Chapter 119. of the Revised Code. These services shall be	30827
provided in accordance with the individual's individual service or	30828
habilitation plan and shall include support services specified in	30829
the plan.	30830

(2) A county board may, in cooperation with the Ohio	30831
rehabilitation services commission, seek federal funds for job	30832
training and community employment.	30833

(3) A county board may contract with any agency, board, or	30834
other entity that is accredited by the commission on accreditation	30835
of rehabilitation facilities to provide services. A county board	30836
that is accredited by the commission on accreditation of	30837
rehabilitation facilities may provide services for which it is	30838
certified by the commission.	30839

(C) To the extent that resources are available, a county	30840
board may provide services to an individual with mental	30841
retardation or other developmental disability in addition to those	30842
provided pursuant to this section, section 5126.05 of the Revised	30843
Code, or any other section of this chapter. The services shall be	30844
provided in accordance with the individual's habilitation or	30845
service plan and may be provided in collaboration with other	30846
entities of state or local government.	30847

Sec. 5126.054.  (A) Each county board of mental retardation	30848
and developmental disabilities shall, by resolution, develop a	30849
three-calendar year plan that includes all of the following	30850
components:	30851

(1) An assessment component that includes all of the	30852
following:	30853

(a) The number of individuals with mental retardation or	30854
other developmental disability residing in the county who need	30855
medicaid case management services and habilitation center	30856
services;	30857

(b) The number of individuals with mental retardation or	30858
other developmental disability residing in the county who need the	30859
level of care provided by an intermediate care facility for the	30860
mentally retarded and may seek home or community-based services,	30861
the service needs of those individuals, and the projected	30862
annualized cost for services;	30863

(c) The source of funds available to the county board to pay	30864
the nonfederal share of medicaid expenditures that the county	30865
board is required by division (A) of section 5126.056 of the	30866
Revised Code to pay;	30867

(d) Any other applicable information or conditions that the	30868
department of mental retardation and developmental disabilities	30869
requires as a condition of approving the plan under section	30870
5123.046 of the Revised Code.	30871

(2) A component that provides for the recruitment,	30872
training, and retention of the direct care staff necessary to	30873
implement services included in individualized service plans,	30874
including behavior management services and health management	30875
services such as delegated nursing and other habilitation	30876
services, and protect the health and welfare of individuals	30877
receiving services included in the individual's individualized	30878
service plan by complying with safeguards for unusual and major	30879
unusual incidents, day-to-day program management, and other	30880
requirements the department shall identify. A county board shall	30881
develop this component in collaboration with providers of	30882
medicaid-funded services with which the county board contracts. A	30883
county board shall include all of the following in the component:	30884

(a) The source and amount of funds available for the	30885
component;	30886

(b) A plan and timeline for implementing the component with	30887
the medicaid providers under contract with the county board;	30888

(c) The mechanisms the county board shall use to ensure the	30889
financial and program accountability of the medicaid provider's	30890
implementation of the component.	30891

(3) A component that provides for the implementation of	30892
habilitation center services, medicaid case management services,	30893
and home or community-based services. A county board shall	30894
include all of the following in the component:	30895

(a) If the department of mental retardation and	30896
developmental disabilities or department of job and family	30897
services requires, an agreement to pay the nonfederal share of	30898
medicaid expenditures that the county board is required by	30899
division (A) of section 5126.056 of the Revised Code to pay;	30900

(b) How the services are to be phased in over the period	30901
the plan covers, including how the county board will make	30902
transfers under section 5126.046 of the Revised Code and serve	30903
individuals on a waiting list established under division (C) of	30904
section 5126.042 who are given priority status under division (D)	30905
of that section;	30906

(c) Any agreement or commitment regarding the county	30907
board's funding of home or community-based services that the	30908
county board has with the department at the time the county board	30909
develops the component;	30910

(d) Assurances adequate to the department that the county	30911
board will comply with all of the following requirements:	30912

(i) To use any additional funds the county board receives	30913
for the services to improve the county board's resource	30914
capabilities for supporting such services available in the county	30915
at the time the component is developed and to expand the services	30916
to accommodate the unmet need for those services in the county;	30917

(ii) To employ a business manager who is either a new	30918
employee who has earned at least a bachelor's degree in business	30919
administration or a current employee who has the equivalent	30920
experience of a bachelor's degree in business administration. If	30921
the county board will employ a new employee, the county board	30922
shall include in the component a timeline for employing the	30923
employee.	30924

(iii) To employ a medicaid services manager who is either a	30925
new employee who has earned at least a bachelor's degree or a	30926
current employee who has the equivalent experience of a bachelor's	30927
degree. If the county board will employ a new employee, the	30928
county board shall include in the component a timeline for	30929
employing the employee.	30930

(e) An agreement to comply with the method, developed under	30931
section 5123.0413 of the Revised Code in consultation with the	30932
department and the department of job and family services, of	30933
paying for extraordinary costs, including extraordinary costs for	30934
services to individuals with mental retardation or other	30935
developmental disability, and ensuring the availability of	30936
adequate funds in the event a county property tax levy for	30937
services for individuals with mental retardation or other	30938
developmental disability fails;	30939

(f) Programmatic and financial outcomes expected from the	30940
implementation of the plan;	30941

(g) Any other applicable information or conditions that the	30942
department requires as a condition of approving the plan under	30943
section 5123.046 of the Revised Code.	30944

(B) For the purpose of obtaining the department's approval	30945
under section 5123.046 of the Revised Code of the plan the county	30946
board develops under division (A) of this section, a county board	30947
shall do both of the following:	30948

(1) Submit the components required by divisions (A)(1) and	30949
(2) of this section to the department not later than July 15,	30950
2001;	30951

(2) Submit the component required by division (A)(3) of	30952
this section to the department not later than October 1, 2001.	30953

(C) A county board whose plan developed under division (A)	30954
of this section is approved by the department under section	30955
5123.046 of the Revised Code shall update and renew the plan in	30956
accordance with a schedule the department shall develop.	30957

Sec. 5126.055.  (A) Except as provided in division (G) of	30958
this section, a county board of mental retardation and	30959
developmental disabilities with an approved plan under section	30960
5123.046 of the Revised Code has local administrative authority to	30961
do all of the following for an individual with mental retardation	30962
or other developmental disability who resides in the county that	30963
the county board serves and seeks or receives home or	30964
community-based services:	30965

(1) Perform assessments and evaluations of the individual.	30966
As part of the assessment and evaluation process, the county board	30967
shall do all of the following:	30968

(a) Make a recommendation to the department of mental	30969
retardation and developmental disabilities on whether the	30970
department should approve or deny the individual's application for	30971
the services, including on the basis of whether the individual	30972
needs the level of care an intermediate care facility for the	30973
mentally retarded provides;	30974

(b) If the individual's application is denied because of the	30975
county board's recommendation and the individual requests a	30976
hearing under section 5101.35 of the Revised Code, present, with	30977
the department of mental retardation and developmental	30978
disabilities or department of job and family services, whichever	30979
denies the application, the reasons for the recommendation and	30980
denial at the hearing;	30981

(c) If the individual's application is approved, recommend	30982
to the departments of mental retardation and developmental	30983
disabilities and job and family services the services that should	30984
be included in the individual's individualized service plan and,	30985
if either department reduces, denies, or terminates a service	30986
included in the individual's individualized service plan under	30987
section 5111.871 of the Revised Code because of the county board's	30988
recommendation, present, with the department that made the	30989
reduction, denial, or termination, the reasons for the	30990
recommendation and reduction, denial, or termination at a hearing	30991
under section 5101.35 of the Revised Code.	30992

(2) In accordance with the rules adopted under section	30993
5126.047 of the Revised Code, perform the county board's duties	30994
under that section regarding assisting the individual's right to	30995
choose a qualified and willing provider of the services and, at a	30996
hearing under section 5101.35 of the Revised Code, present	30997
evidence of the process for appropriate assistance in choosing	30998
providers;	30999

(3) Unless the county board provides the services under	31000
division (A)(4) of this section, contract with the person or	31001
government entity the individual chooses in accordance with	31002
section 5126.047 of the Revised Code to provide the services if	31003
the person or government entity is qualified and agrees to provide	31004
the services. The contract shall require the provider to agree to	31005
furnish, in accordance with the provider's medicaid provider	31006
agreement and for the authorized reimbursement rate, the services	31007
the individual requires.	31008

(4) If the county board is accredited under section	31009
5126.081 of the Revised Code to provide the services and agrees to	31010
provide the services to the individual and the individual chooses	31011
the county board to provide the services, furnish, in accordance	31012
with the county board's medicaid provider agreement and for the	31013
authorized reimbursement rate, the services the individual	31014
requires;	31015

(5) Monitor the services provided to the individual and	31016
ensure the individual's health, safety, and welfare. The	31017
monitoring shall include quality assurance activities. If the	31018
county board provides the services, the department of mental	31019
retardation and developmental disabilities shall also monitor the	31020
services.	31021

(B) Except as provided in division (G) of this section, a	31022
county board with an approved plan under section 5123.046 of the	31023
Revised Code has local administrative authority to do all of the	31024
following for an individual with mental retardation or other	31025
developmental disability who resides in the county that the county	31026
board serves and seeks or receives medicaid case management	31027
services or habilitation center services, other than habilitation	31028
center services for which a school district is required by	31029
division (E) of section 5111.041 of the Revised Code to pay the	31030
nonfederal share:	31031

(1) Perform assessments and evaluations of the individual	31032
for the purpose of recommending to the departments of mental	31033
retardation and developmental disabilities and job and family	31034
services the services that should be included in the individual's	31035
individualized service plan;	31036

(2) If the department of mental retardation and	31037
developmental disabilities or department of job and family	31038
services reduces, denies, or terminates a service included in the	31039
individual's individualized service plan under section 5111.041 or	31040
5111.042 of the Revised Code because of the county board's	31041
recommendation under division (B)(1) of this section, present,	31042
with the department that made the reduction, denial, or	31043
termination, the reasons for the recommendation and reduction,	31044
denial, or termination at a hearing under section 5101.35 of the	31045
Revised Code and inform the individual that the individual may	31046
file a complaint with the county board under section 5126.06 of	31047
the Revised Code at the same time the individual pursues an appeal	31048
under section 5101.35 of the Revised Code;	31049

(3) In accordance with rules the departments of mental	31050
retardation and developmental disabilities and job and family	31051
services shall adopt in accordance with Chapter 119. of the	31052
Revised Code governing the process for individuals to choose	31053
providers of medicaid case management services and habilitation	31054
center services, assist the individual in choosing the provider of	31055
the services. The rules shall provide for both of the following:	31056

(a) The county board providing the individual up-to-date	31057
information about qualified providers that the department of	31058
mental retardation and developmental disabilities shall make	31059
available to the county board;	31060

(b) If the individual chooses a provider who is qualified	31061
and willing to provide the services but is denied that provider,	31062
the individual receiving timely notice that the individual may	31063
request a hearing under section 5101.35 of the Revised Code and,	31064
at the hearing, the county board presenting evidence of the	31065
process for appropriate assistance in choosing providers.	31066

(4) Unless the county board provides the services under	31067
division (B)(5) of this section, contract with the person or	31068
government entity that the individual chooses in accordance with	31069
the rules adopted under division (B)(3) of this section to provide	31070
the services if the person or government entity is qualified and	31071
agrees to provide the services. The contract shall require the	31072
provider to agree to furnish, in accordance with the provider's	31073
medicaid provider agreement and for the authorized reimbursement	31074
rate, the services the individual requires.	31075

(5) If the county board is accredited under section	31076
5126.081 of the Revised Code to provide the services and agrees to	31077
provide the services to the individual and the individual chooses	31078
the county board to provide the services, furnish, in accordance	31079
with the county board's medicaid provider agreement and for the	31080
authorized reimbursement rate, the services the individual	31081
requires;	31082

(6) Monitor the services provided to the individual. The	31083
monitoring shall include quality assurance activities. If the	31084
county board provides the services, the department of mental	31085
retardation and developmental disabilities shall also monitor the	31086
services.	31087

(C) A county board shall perform its local administrative	31088
authority under this section in accordance with all of the	31089
following:	31090

(1) The county board's plan that the department of mental	31091
retardation and developmental disabilities approves under section	31092
5123.046 of the Revised Code;	31093

(2) All applicable federal and state laws;

31094

(3) All applicable policies of the departments of mental	31095
retardation and developmental disabilities and job and family	31096
services and the United States department of health and human	31097
services;	31098

(4) The department of job and family services' supervision	31099
under its authority under section 5111.01 of the Revised Code to	31100
act as the single state medicaid agency;	31101

(5) The department of mental retardation and developmental	31102
disabilities' oversight.	31103

(D) The departments of mental retardation and developmental	31104
disabilities and job and family services shall communicate with	31105
and provide training to county boards regarding local	31106
administrative authority granted by this section. The	31107
communication and training shall include issues regarding audit	31108
protocols and other standards established by the United States	31109
department of health and human services that the departments	31110
determine appropriate for communication and training. County	31111
boards shall participate in the training. The departments shall	31112
assess the county board's compliance against uniform standards	31113
that the departments shall establish.	31114

(E) A county board may not delegate its local	31115
administrative authority granted under this section but may	31116
contract with a person or government entity, including a council	31117
of governments, for assistance with its local administrative	31118
authority. A county board that enters into such a contract shall	31119
notify the director of mental retardation and developmental	31120
disabilities. The notice shall include the tasks and	31121
responsibilities that the contract gives to the person or	31122
government entity. The person or government entity shall comply	31123
in full with all requirements to which the county board is subject	31124
regarding the person or government entity's tasks and	31125
responsibilities under the contract. The county remains	31126
ultimately responsible for the tasks and responsibilities.	31127

(F) A county board that has local administrative authority	31128
under this section shall, through the departments of mental	31129
retardation and developmental disabilities and job and family	31130
services, reply to, and cooperate in arranging compliance with, a	31131
program or fiscal audit or program violation exception that a	31132
state or federal audit or review discovers. The department of job	31133
and family services shall timely notify the department of mental	31134
retardation and developmental disabilities and the county board of	31135
any adverse findings. After receiving the notice, the county	31136
board, in conjunction with the department of mental retardation	31137
and developmental disabilities, shall cooperate fully with the	31138
department of job and family services and timely prepare and send	31139
to the department a written plan of correction or response to the	31140
adverse findings. The county board is liable for any adverse	31141
findings that result from an action it takes or fails to take in	31142
its implementation of local administrative authority.	31143

(G)(1) If the department of mental retardation and	31144
developmental disabilities or department of job and family	31145
services determines that a county board's implementation of its	31146
local administrative authority under this section is deficient,	31147
the department that makes the determination shall require that	31148
county board do the following:	31149

(a) If the deficiency affects the health, safety, or	31150
welfare of an individual with mental retardation or other	31151
developmental disability, correct the deficiency within	31152
twenty-four hours;	31153

(b) If the deficiency does not affect the health, safety,	31154
or welfare of an individual with mental retardation or other	31155
developmental disability, submit a plan of correction to the	31156
department that is acceptable to the department within sixty days	31157
and correct the deficiency within the time required by the plan of	31158
correction.	31159

(2) If the county board fails to correct a deficiency	31160
within the time required by division (G)(1) of this section to the	31161
satisfaction of the department, or submit an acceptable plan of	31162
correction within the time required by division (G)(1)(b) of this	31163
section, the department shall do one of the following until the	31164
county board's local administrative authority is restored under	31165
division (G)(3) of this section:	31166

(a) Assign the county board's local administrative authority	31167
to one or more other county boards or a regional council	31168
established under section 5126.13 of the Revised Code;	31169

(b) Contract with a person or government entity that	31170
provides management services but not medicaid-funded services to	31171
perform the local administrative authority.	31172

(3) If the department takes action under division (G)(2) of	31173
this section, the department of mental retardation and	31174
developmental disabilities shall closely monitor all aspects of	31175
the county board's implementation of a plan of correction. The	31176
department shall restore the county board's local administrative	31177
authority when the department is satisfied that the county board	31178
has successfully implemented all parts of the plan of correction	31179
and is capable of adhering to medicaid standards.	31180

Sec. 5126.056. (A) A county board of mental retardation and	31181
developmental disabilities that has local administrative authority	31182
under division (A) of section 5126.055 of the Revised Code for	31183
home or community-based services shall pay the nonfederal share of	31184
medicaid expenditures for such services provided to an individual	31185
with mental retardation or other developmental disability who the	31186
county board determines under section 5126.041 of the Revised Code	31187
is eligible for county board services.	31188

A county board that has local administrative authority under	31189
division (B) of section 5126.055 of the Revised Code for medicaid	31190
case management services shall pay the nonfederal share of	31191
medicaid expenditures for such services provided to an individual	31192
with mental retardation or other developmental disability who the	31193
county board determines under section 5126.041 of the Revised Code	31194
is eligible for county board services unless division (B)(2) of	31195
section 5123.047 of the Revised Code requires the department of	31196
mental retardation and developmental disabilities to pay the	31197
nonfederal share.	31198

A county board shall pay the nonfederal share of medicaid	31199
expenditures for habilitation center services when required to do	31200
so by division (D) of section 5111.041 of the Revised Code.	31201

(B) A county board may use the following funds to pay the	31202
nonfederal share of the services that the county board is required	31203
by division (A) of this section to pay:	31204

(1) To the extent consistent with the levy that generated	31205
the taxes, the following taxes:	31206

(a) Taxes levied pursuant to division (L) of section 5705.19	31207
of the Revised Code and section 5705.222 of the Revised Code;	31208

(b) Taxes levied under section 5705.191 of the Revised Code	31209
that the board of county commissioners allocates to the county	31210
board to pay the nonfederal share of the services.	31211

(2) Funds that the department of mental retardation and	31212
developmental disabilities distributes to the county board under	31213
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	31214
Revised Code;	31215

(3) Funds that the department allocates to the county board	31216
for habilitation center services provided under section 5111.041	31217
of the Revised Code;	31218

(4) Earned federal revenue funds the county board receives	31219
for medicaid services the county board provides pursuant to the	31220
county board's valid medicaid provider agreement.	31221

(C) If by December 31, 2001, the United States secretary of	31222
health and human services allows for at least five hundred	31223
additional individuals to receive home or community-based	31224
services, each county board shall provide, by the last day of each	31225
calendar year, assurances to the department of mental retardation	31226
and developmental disabilities that the county board will have the	31227
following amount available to pay the nonfederal share of the	31228
services that the county board is required by division (A) of this	31229
section to pay:	31230

(1) For calendar year 2003, at least one-third of the value	31231
of one-half, effective mill levied in the county the preceding	31232
year;	31233

(2) For calendar year 2004, at least two-thirds of the	31234
value of one-half, effective mill levied in the county the	31235
preceding year;	31236

(3) For calendar year 2005 and each calendar year	31237
thereafter, at least the value of one-half, effective mill levied	31238
in the county the preceding year.	31239

(D) Each year, each county board shall adopt a resolution	31240
specifying the amount of funds it will use in the next year to pay	31241
the nonfederal share of the services that the county board is	31242
required by division (A) of this section to pay. The amount	31243
specified shall be adequate to assure that the services will be	31244
available in the county in a manner that conforms to all	31245
applicable state and federal laws. A county board shall state in	31246
its resolution that the payment of the nonfederal share represents	31247
an ongoing financial commitment of the county board. A county	31248
board shall adopt the resolution in time for the county auditor to	31249
make the determination required by division (E) of this section.	31250

(E) Each year, a county auditor shall determine whether the	31251
amount of funds a county board specifies in the resolution it	31252
adopts under division (D) of this section will be available in the	31253
following year for the county board to pay the nonfederal share of	31254
the services that the county board is required by division (A) of	31255
this section to pay. The county auditor shall make the	31256
determination not later than the last day of the year before the	31257
year in which the funds are to be used.	31258

Sec. 5126.12.  (A) As used in this section:

31259

(1) "Approved school age unit class" means a class or unit	31260
operated by a county board of mental retardation and developmental	31261
disabilities and approved funded by the state board department of	31262
education under division (D) of section 3317.05 3317.20 of the	31263
Revised Code.	31264

(2) "Approved preschool unit" means a class or unit operated	31265
by a county board of mental retardation and developmental	31266
disabilities and approved by the state board of education under	31267
division (B) of section 3317.05 of the Revised Code.	31268

(3) "Active treatment" means a continuous treatment program,	31269
which includes aggressive, consistent implementation of a program	31270
of specialized and generic training, treatment, health services,	31271
and related services, that is directed toward the acquisition of	31272
behaviors necessary for an individual with mental retardation or	31273
other developmental disability to function with as much	31274
self-determination and independence as possible and toward the	31275
prevention of deceleration, regression, or loss of current optimal	31276
functional status.	31277

(4) "Eligible for active treatment" means that an individual	31278
with mental retardation or other developmental disability resides	31279
in an intermediate care facility for the mentally retarded	31280
certified under Title XIX of the "Social Security Act," 49 Stat.	31281
620 (1935), 42 U.S.C. 301, as amended; resides in a state	31282
institution operated by the department of mental retardation and	31283
developmental disabilities; or is enrolled in a home and	31284
community-based services waiver program administered by the	31285
department of mental retardation and developmental disabilities as	31286
part of the medical assistance program established under section	31287
5111.01 of the Revised Code.	31288

(5) "Community alternative funding system" means the program	31289
under which habilitation center services are reimbursed under the	31290
medical assistance medicaid program pursuant to section 5111.041	31291
of the Revised Code and rules adopted under that section.	31292

(6) "Community employment program" means community employment	31293
services provided outside of a sheltered workshop setting under	31294
which the person earns competitive wages for the performance of	31295
work.	31296

(7) "Traditional adult services" means vocational and	31297
nonvocational activities conducted within a sheltered workshop or	31298
adult activity center or supportive home services.	31299

(B) Each county board of mental retardation and	31300
developmental disabilities shall certify to the director of mental	31301
retardation and developmental disabilities all of the following:	31302

(1) On or before the fifteenth day of October, the average	31303
daily membership for the first full week of programs and services	31304
during October receiving:	31305

(a) Early childhood services provided pursuant to section	31306
5126.05 of the Revised Code for children who are less than three	31307
years of age on the thirtieth day of September of the academic	31308
year;	31309

(b) Special education for handicapped children in approved	31310
school age units classes;	31311

(c) Adult services for persons sixteen years of age and	31312
older operated pursuant to section 5126.05 and division (B) of	31313
section 5126.051 of the Revised Code. Separate counts shall be	31314
made for the following:	31315

(i) Persons enrolled in traditional adult services who are	31316
eligible for but not enrolled in active treatment under the	31317
community alternative funding system;	31318

(ii) Persons enrolled in traditional adult services who are	31319
eligible for and enrolled in active treatment under the community	31320
alternative funding system;	31321

(iii) Persons enrolled in traditional adult services but who	31322
are not eligible for active treatment under the community	31323
alternative funding system;	31324

(iv) Persons participating in community employment services.	31325
To be counted as participating in community employment services, a	31326
person must have spent an average of no less than ten hours per	31327
week in that employment during the preceding six months.	31328

(d) Other programs in the county for individuals with mental	31329
retardation and developmental disabilities that have been approved	31330
for payment of subsidy by the department of mental retardation and	31331
developmental disabilities.	31332

The membership in each such program and service in the county	31333
shall be reported on forms prescribed by the department of mental	31334
retardation and developmental disabilities.	31335

The department of mental retardation and developmental	31336
disabilities shall adopt rules defining full-time equivalent	31337
enrollees and for determining the average daily membership	31338
therefrom, except that certification of average daily membership	31339
in approved school age units classes shall be in accordance with	31340
rules adopted by the state board of education. The average daily	31341
membership figure shall be determined by dividing the amount	31342
representing the sum of the number of enrollees in each program or	31343
service in the week for which the certification is made by the	31344
number of days the program or service was offered in that week. No	31345
enrollee may be counted in average daily membership for more than	31346
one program or service.	31347

(2) By the fifteenth day of December, the number of children	31348
enrolled in approved preschool units on the first day of December;	31349

(3) On or before the thirtieth day of March, an itemized	31350
report of all income and operating expenditures for the	31351
immediately preceding calendar year, in the format specified by	31352
the department of mental retardation and developmental	31353
disabilities;	31354

(4) By the fifteenth day of February, a report of the total	31355
annual cost per enrollee for operation of programs and services in	31356
the preceding calendar year. The report shall include a grand	31357
total of all programs operated, the cost of the individual	31358
programs, and the sources of funds applied to each program.	31359

(5) That each required certification and report is in	31360
accordance with rules established by the department of mental	31361
retardation and developmental disabilities and the state board of	31362
education for the operation and subsidization of the programs and	31363
services.	31364

(C) To compute payments under this section to the board for	31365
the fiscal year, the department of mental retardation and	31366
developmental disabilities shall use the certification of average	31367
daily membership required by division (B)(1) of this section	31368
exclusive of the average daily membership in any approved school	31369
age unit class and the number in any approved preschool unit.	31370

(D) The department shall pay each county board for each	31371
fiscal year an amount equal to nine hundred fifty dollars times	31372
the certified number of persons who on the first day of December	31373
of the academic year are under three years of age and are not in	31374
an approved preschool unit. For persons who are at least age	31375
sixteen and are not in an approved school age unit class, the	31376
department shall pay each county board for each fiscal year the	31377
following amounts:	31378

(1) One thousand dollars times the certified average daily	31379
membership of persons enrolled in traditional adult services who	31380
are eligible for but not enrolled in active treatment under the	31381
community alternative funding system;	31382

(2) One thousand two hundred dollars times the certified	31383
average daily membership of persons enrolled in traditional adult	31384
services who are eligible for and enrolled in active treatment	31385
under the community alternative funding system;	31386

(3) No less than one thousand five hundred dollars times the	31387
certified average daily membership of persons enrolled in	31388
traditional adult services but who are not eligible for active	31389
treatment under the community alternative funding system;	31390

(4) No less than one thousand five hundred dollars times the	31391
certified average daily membership of persons participating in	31392
community employment services.	31393

(E) The department shall distribute this subsidy to county	31394
boards in semiannual installments of equal amounts. The	31395
installments shall be made not later than the thirty-first day of	31396
August and the thirty-first day of January.	31397

(F) The director of mental retardation and developmental	31398
disabilities shall make efforts to obtain increases in the	31399
subsidies for early childhood services and adult services so that	31400
the amount of the subsidies is equal to at least fifty per cent of	31401
the statewide average cost of those services minus any applicable	31402
federal reimbursements for those services. The director shall	31403
advise the director of budget and management of the need for any	31404
such increases when submitting the biennial appropriations request	31405
for the department.	31406

(G) In determining the reimbursement of a county board for	31407
the provision of case management and family support services and	31408
other services required or approved by the director for which	31409
children three through twenty-one years of age are eligible, the	31410
department shall include the average daily membership in approved	31411
school age or preschool units. The department, in accordance with	31412
this section and upon receipt and approval of the certification	31413
required by this section and any other information it requires to	31414
enable it to determine a board's payments, shall pay the agency	31415
providing the specialized training the amounts payable under this	31416
section.	31417

Sec. 5126.18.  (A) The department of mental retardation and	31418
developmental disabilities may pay to each county board of mental	31419
retardation and developmental disabilities whose hypothetical	31420
local revenue per enrollee is less than the hypothetical statewide	31421
average revenue per enrollee the amount computed under division	31422
(B) of this section. The department may make the payment to a	31423
county board only if the plan the county board develops under	31424
section 5126.054 of the Revised Code is approved under section	31425
5123.046 of the Revised Code. If this section is implemented in	31426
any year, payments shall be made on or before the thirtieth day of	31427
September.	31428

(B) Except as provided in division (C) of this section, the	31429
amount to be paid to a county board shall be equal to the	31430
following:	31431

(1) If the county board's effective tax rate is equal to or	31432
greater than one mill, the product obtained by multiplying the	31433
following two quantities:	31434

(a) The amount by which the hypothetical statewide average	31435
revenue per enrollee exceeds the county board's hypothetical local	31436
revenue per enrollee;	31437

(b) The county board's infant and adult enrollment.

31438

(2) If the county board's effective tax rate is less than	31439
one mill, the product obtained by multiplying the following three	31440
quantities:	31441

(a) The amount by which the hypothetical statewide average	31442
revenue per enrollee exceeds the county board's hypothetical local	31443
revenue per enrollee;	31444

(b) The county board's infant and adult enrollment;

31445

(c) The quotient obtained by dividing the county board's	31446
effective tax rate by one mill.	31447

(C)(1) For each individual who is enrolled in active	31448
treatment under the community alternative funding system as	31449
defined in section 5126.12 of the Revised Code, the department may	31450
reduce the portion of the payment made under this section for that	31451
individual by fifty per cent or less.	31452

(2) If, in any year, an appropriation by the general	31453
assembly to the department for purposes of this section is less	31454
than the total amount required to make, in full, the payments as	31455
determined under and authorized by this section, the department	31456
shall pay each county board the same percentage of the board's	31457
payment as determined under this section without regard to this	31458
division that the amount of the appropriation available for	31459
purposes of this section is of the total amount of payments as	31460
determined under this section without regard to this division.	31461

(3) Payments made to a county board pursuant to this section	31462
shall not exceed thirty per cent of the payments made to that	31463
board pursuant to section 5126.12 of the Revised Code.	31464

(D) Payments made under this section are supplemental to all	31465
other state or federal funds for which county boards are eligible	31466
and shall be made from funds appropriated for purposes of this	31467
section. The A county board shall use the payments shall be used	31468
solely for the development and implementation of early	31469
intervention services for individuals included in the board's	31470
infant enrollment and adult services for individuals included in	31471
the board's adult enrollment to pay the nonfederal share of	31472
medicaid expenditures that division (A) of section 5126.056 of the	31473
Revised Code requires the county board to pay.	31474

(E) Each county board that receives a payment under this	31475
section shall, for each year it receives a payment, certify to the	31476
department that it will make a good faith effort to obtain	31477
revenues, including federal funds, for services to individuals	31478
included in its infant and adult enrollment.	31479

Sec. 5126.357.  (A) As used in this section:

31480

(1) "In-home care" means the supportive services provided	31481
within the home of an individual who receives funding for the	31482
services as a county board client, including any client who	31483
receives residential services funded through the medical	31484
assistance program's home and or community-based services waivers	31485
administered by the department of mental retardation and	31486
developmental disabilities, family support services provided under	31487
section 5126.11 of the Revised Code, or supported living provided	31488
in accordance with sections 5126.41 to 5126.47 of the Revised	31489
Code. "In-home care" includes care that is provided outside a	31490
client's home in places incidental to the home, and while	31491
traveling to places incidental to the home, except that "in-home	31492
care" does not include care provided in the facilities of a county	31493
board of mental retardation and developmental disabilities or care	31494
provided in schools.	31495

(2) "Parent" means either parent of a child, including an	31496
adoptive parent but not a foster parent.	31497

(3) "Unlicensed in-home care worker" means an individual who	31498
provides in-home care but is not a health care professional. A	31499
county board worker may be an unlicensed in-home care worker.	31500

(4) "Family member" means a parent, sibling, spouse, son,	31501
daughter, grandparent, aunt, uncle, cousin, or guardian of the	31502
individual with mental retardation or a developmental disability	31503
if the individual with mental retardation or developmental	31504
disabilities lives with the person and is dependent on the person	31505
to the extent that, if the supports were withdrawn, another living	31506
arrangement would have to be found.	31507

(B) Except as provided in division (D) of this section, a	31508
family member of an individual with mental retardation or a	31509
developmental disability may authorize an unlicensed in-home care	31510
worker to give or apply prescribed medication or perform other	31511
health care tasks as part of the in-home care provided to the	31512
individual, if the family member is the primary supervisor of the	31513
care and the unlicensed in-home care worker has been selected by	31514
the family member and is under the direct supervision of the	31515
family member. Sections 4723.62 and 5126.351 to 5126.356 of the	31516
Revised Code do not apply to the in-home care authorized by a	31517
family member under this section. Instead, a family member shall	31518
obtain a prescription, if applicable, and written instructions	31519
from a health care professional for the care to be provided to the	31520
individual. The family member shall authorize the unlicensed	31521
in-home care worker to provide the care by preparing a written	31522
document granting the authority. The family member shall provide	31523
the unlicensed in-home care worker with appropriate training and	31524
written instructions in accordance with the instructions obtained	31525
from the health care professional.	31526

(C) A family member who authorizes an unlicensed in-home	31527
care worker to give or apply prescribed medication or perform	31528
other health care tasks retains full responsibility for the health	31529
and safety of the individual receiving the care and for ensuring	31530
that the worker provides the care appropriately and safely. No	31531
entity that funds or monitors the provision of in-home care may be	31532
held liable for the results of the care provided under this	31533
section by an unlicensed in-home care worker, including such	31534
entities as the county board of mental retardation and	31535
developmental disabilities, any other entity that employs an	31536
unlicensed in-home care worker, and the department of mental	31537
retardation and developmental disabilities.	31538

An unlicensed in-home care worker who is authorized under	31539
this section by a family member to provide care to an individual	31540
may not be held liable for any injury caused in providing the	31541
care, unless the worker provides the care in a manner that is not	31542
in accordance with the training and instructions received or the	31543
worker acts in a manner that constitutes wanton or reckless	31544
misconduct.	31545

(D) A county board of mental retardation and developmental	31546
disabilities may evaluate the authority granted by a family member	31547
under this section to an unlicensed in-home care worker at any	31548
time it considers necessary and shall evaluate the authority on	31549
receipt of a complaint. If the board determines that a family	31550
member has acted in a manner that is inappropriate for the health	31551
and safety of the individual receiving the services, the	31552
authorization granted by the family member to an unlicensed	31553
in-home care worker is void, and the family member may not	31554
authorize other unlicensed in-home care workers to provide the	31555
care. In making such a determination, the board shall use	31556
appropriately licensed health care professionals and shall provide	31557
the family member an opportunity to file a complaint under section	31558
5126.06 of the Revised Code.	31559

Sec. 5126.431.  (A) Pursuant to Chapter 119. of the Revised	31560
Code, the department of mental retardation and developmental	31561
disabilities shall adopt rules establishing standards and	31562
procedures for certification of persons and government entities	31563
that provide or propose to provide, under contract with the	31564
department until July 1, 1995, or with a county board of mental	31565
retardation and developmental disabilities, supported living for	31566
individuals with mental retardation or developmental disabilities.	31567
The rules shall allow a person or government entity to	31568
automatically satisfy a standard for certification under this	31569
section if the person holds a current, valid license under section	31570
5123.19 of the Revised Code to operate a residential facility and	31571
had to satisfy the standard to obtain the residential facility	31572
license.	31573

(B) Pursuant to Chapter 119. of the Revised Code, the	31574
department shall adopt rules establishing quality assurance	31575
standards for supported living provided to individuals by	31576
providers certified under this section.	31577

(C) The rules adopted under this section shall include the	31578
following:	31579

(1) Procedures for ensuring that providers comply with	31580
section 5126.281 of the Revised Code;	31581

(2) Methods of evaluating the services provided and	31582
protecting the due process rights of any individual or entity	31583
affected by an evaluation or decision made pursuant to this	31584
section;	31585

(3) Procedures for revoking certification.

31586

(D)(1) Providers shall be evaluated to ensure that services	31587
are provided in a quality manner advantageous to the individual	31588
receiving the services. When evaluations are conducted, the	31589
following shall be considered:	31590

(a) The provider's experience and financial responsibility;

31591

(b) The ability to comply with program standards for	31592
supported living;	31593

(c) The ability to meet the needs of the individuals served;

31594

(d) The ability to work cooperatively with the department,	31595
county boards, and other providers;	31596

(e) Any other factor considered relevant.

31597

(2) The records of evaluations conducted under this section	31598
are public records for purposes of section 149.43 of the Revised	31599
Code and shall be made available on request of any person,	31600
including individuals being served, individuals seeking supported	31601
living, and county boards.	31602

(E) The department shall certify providers in accordance	31603
with the rules adopted under this section. The department may	31604
revoke a provider's certification for good cause, including	31605
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect,	31606
financial irresponsibility, or other conduct the department	31607
determines is injurious to individuals being served.	31608

Sec. 5139.01.  (A) As used in this chapter:

31609

(1) "Commitment" means the transfer of the physical custody	31610
of a child or youth from the court to the department of youth	31611
services.	31612

(2) "Permanent commitment" means a commitment that vests	31613
legal custody of a child in the department of youth services.	31614

(3) "Legal custody," insofar as it pertains to the status	31615
that is created when a child is permanently committed to the	31616
department of youth services, means a legal status in which the	31617
department has the following rights and responsibilities: the	31618
right to have physical possession of the child; the right and duty	31619
to train, protect, and control the child; the responsibility to	31620
provide the child with food, clothing, shelter, education, and	31621
medical care; and the right to determine where and with whom the	31622
child shall live, subject to the minimum periods of, or periods	31623
of, institutional care prescribed in section 2151.355 of the	31624
Revised Code; provided, that these rights and responsibilities are	31625
exercised subject to the powers, rights, duties, and	31626
responsibilities of the guardian of the person of the child, and	31627
subject to any residual parental rights and responsibilities.	31628

(4) Unless the context requires a different meaning,	31629
"institution" means a state facility that is created by the	31630
general assembly and that is under the management and control of	31631
the department of youth services or a private entity with which	31632
the department has contracted for the institutional care and	31633
custody of felony delinquents.	31634

(5) "Full-time care" means care for twenty-four hours a day	31635
for over a period of at least two consecutive weeks.	31636

(6) "Placement" means the conditional release of a child	31637
under the terms and conditions that are specified by the	31638
department of youth services. The department shall retain legal	31639
custody of a child released pursuant to division (C) of section	31640
2151.38 of the Revised Code or division (C) of section 5139.06 of	31641
the Revised Code until the time that it discharges the child or	31642
until the legal custody is terminated as otherwise provided by	31643
law.	31644

(7) "Home placement" means the placement of a child in the	31645
home of the child's parent or parents or in the home of the	31646
guardian of the child's person.	31647

(8) "Discharge" means that the department of youth services'	31648
legal custody of a child is terminated.	31649

(9) "Release" means the termination of a child's stay in an	31650
institution and the subsequent period during which the child	31651
returns to the community under the terms and conditions of	31652
supervised release.	31653

(10) "Delinquent child" has the same meaning as in section	31654
2151.02 of the Revised Code.	31655

(11) "Felony delinquent" means any child who is at least	31656
twelve years of age but less than eighteen years of age and who is	31657
adjudicated a delinquent child for having committed an act that if	31658
committed by an adult would be a felony. "Felony delinquent"	31659
includes any adult who is between the ages of eighteen and	31660
twenty-one and who is in the legal custody of the department of	31661
youth services for having committed an act that if committed by an	31662
adult would be a felony.	31663

(12) "Juvenile traffic offender" has the same meaning as in	31664
section 2151.021 of the Revised Code.	31665

(13) "Public safety beds" means all of the following:

31666

(a) Felony delinquents who have been committed to the	31667
department of youth services for the commission of an act, other	31668
than a violation of section 2911.01 or 2911.11 of the Revised	31669
Code, that is a category one offense or a category two offense and	31670
who are in the care and custody of an institution or have been	31671
diverted from care and custody in an institution and placed in a	31672
community corrections facility;	31673

(b) Felony delinquents who, while committed to the	31674
department of youth services and in the care and custody of an	31675
institution or a community corrections facility, are adjudicated	31676
delinquent children for having committed in that institution or	31677
community corrections facility an act that if committed by an	31678
adult would be a felony;	31679

(c) Children who satisfy all of the following:

31680

(i) They are at least twelve years of age but less than	31681
eighteen years of age.	31682

(ii) They are adjudicated delinquent children for having	31683
committed acts that if committed by an adult would be a felony.	31684

(iii) They are committed to the department of youth services	31685
by the juvenile court of a county that has had one-tenth of one	31686
per cent or less of the statewide adjudications for felony	31687
delinquents as averaged for the past four fiscal years.	31688

(iv) They are in the care and custody of an institution or a	31689
community corrections facility.	31690

(d) Felony delinquents who, while committed to the	31691
department of youth services and in the care and custody of an	31692
institution, commit in that institution an act that if committed	31693
by an adult would be a felony, who are serving disciplinary time	31694
for having committed that act, and who have been institutionalized	31695
or institutionalized in a secure facility for the minimum period	31696
of time specified in division (A)(4) or (5) of section 2151.355 of	31697
the Revised Code.	31698

(e) Felony delinquents who are subject to and serving a	31699
three-year period of commitment order imposed by a juvenile court	31700
pursuant to division (A)(7) of section 2151.355 of the Revised	31701
Code for an act, other than a violation of section 2911.11 of the	31702
Revised Code, that would be a category one offense or category two	31703
offense if committed by an adult.	31704

(f) Felony delinquents who are described in divisions	31705
(A)(13)(a) to (e) of this section, who have been granted a	31706
judicial release under division (B) of section 2151.38 of the	31707
Revised Code or an early release under division (C) of that	31708
section from the commitment to the department of youth services	31709
for the act described in divisions (A)(13)(a) to (e) of this	31710
section, who have violated the terms and conditions of that	31711
judicial release or early release, and who, pursuant to an order	31712
of the court of the county in which the particular felony	31713
delinquent was placed on release that is issued pursuant to	31714
division (D) of section 2151.38 of the Revised Code, have been	31715
returned to the department for institutionalization or	31716
institutionalization in a secure facility.	31717

(g) Felony delinquents who have been committed to the	31718
custody of the department of youth services, who have been granted	31719
supervised release from the commitment pursuant to section 5139.51	31720
of the Revised Code, who have violated the terms and conditions of	31721
that supervised release, and who, pursuant to an order of the	31722
court of the county in which the particular child was placed on	31723
supervised release issued pursuant to division (F) of section	31724
5139.52 of the Revised Code, have had the supervised release	31725
revoked and have been returned to the department for	31726
institutionalization. A felony delinquent described in this	31727
division shall be a public safety bed only for the time during	31728
which the felony delinquent is institutionalized as a result of	31729
the revocation subsequent to the initial thirty-day period of	31730
institutionalization required by division (F) of section 5139.52	31731
of the Revised Code.	31732

(14) "State target youth" means twenty-five per cent of the	31733
projected total number of felony delinquents for each year of a	31734
biennium, factoring in revocations and recommitments.	31735

(15) Unless the context requires a different meaning,	31736
"community corrections facility" means a county or multicounty	31737
rehabilitation center for felony delinquents who have been	31738
committed to the department of youth services and diverted from	31739
care and custody in an institution and placed in the	31740
rehabilitation center pursuant to division (E) of section 5139.36	31741
of the Revised Code.	31742

(16) "Secure facility" means any facility that is designed	31743
and operated to ensure that all of its entrances and exits are	31744
under the exclusive control of its staff and to ensure that,	31745
because of that exclusive control, no child who has been	31746
institutionalized in the facility may leave the facility without	31747
permission or supervision.	31748

(17) "Community residential program" means a program that	31749
satisfies both of the following:	31750

(a) It is housed in a building or other structure that has	31751
no associated major restraining construction, including, but not	31752
limited to, a security fence.	31753

(b) It provides twenty-four-hour care, supervision, and	31754
programs for felony delinquents who are in residence.	31755

(18) "Category one offense" and "category two offense" have	31756
the same meanings as in section 2151.26 of the Revised Code.	31757

(19) "Disciplinary time" means additional time that the	31758
department of youth services requires a felony delinquent to serve	31759
in an institution, that delays the felony delinquent's planned	31760
release, and that the department imposes upon the felony	31761
delinquent following the conduct of an internal due process	31762
hearing for having committed any of the following acts while	31763
committed to the department and in the care and custody of an	31764
institution:	31765

(a) An act that if committed by an adult would be a felony;

31766

(b) An act that if committed by an adult would be a	31767
misdemeanor;	31768

(c) An act that is not described in division (A)(19)(a) or	31769
(b) of this section and that violates an institutional rule of	31770
conduct of the department.	31771

(20) "Unruly child" has the same meaning as in section	31772
2151.022 of the Revised Code.	31773

(21) "Revocation" means the act of revoking a child's	31774
supervised release for a violation of a term or condition of the	31775
child's supervised release in accordance with section 5139.52 of	31776
the Revised Code.	31777

(22) "Release authority" means the release authority of the	31778
department of youth services that is established by section	31779
5139.50 of the Revised Code.	31780

(23) "Supervised release" means the event of the release of a	31781
child under this chapter from an institution and the period after	31782
that release during which the child is supervised and assisted by	31783
an employee of the department of youth services under specific	31784
terms and conditions for reintegration of the child into the	31785
community.	31786

(24) "Victim" means the person identified in a police report,	31787
complaint, or information as the victim of an act that would have	31788
been a criminal offense if committed by an adult and that provided	31789
the basis for adjudication proceedings resulting in a child's	31790
commitment to the legal custody of the department of youth	31791
services.	31792

(25) "Victim's representative" means a member of the victim's	31793
family or another person whom the victim or another authorized	31794
person designates in writing, pursuant to section 5139.56 of the	31795
Revised Code, to represent the victim with respect to proceedings	31796
of the release authority of the department of youth services and	31797
with respect to other matters specified in that section.	31798

(26) "Member of the victim's family" means a spouse, child,	31799
stepchild, sibling, parent, stepparent, grandparent, other	31800
relative, or legal guardian of a child but does not include a	31801
person charged with, convicted of, or adjudicated a delinquent	31802
child for committing a criminal or delinquent act against the	31803
victim or another criminal or delinquent act arising out of the	31804
same conduct, criminal or delinquent episode, or plan as the	31805
criminal or delinquent act committed against the victim.	31806

(27) "Judicial release" means a release of a child from	31807
institutional care or institutional care in a secure facility that	31808
is granted by a court pursuant to division (B) of section 2151.38	31809
of the Revised Code during the period specified in that division.	31810

(28) "Early release" means a release of a child from	31811
institutional care or institutional care in a secure facility that	31812
is granted by a court pursuant to division (C) of section 2151.38	31813
of the Revised Code during the period specified in that division.	31814

(29) "Comprehensive plan" means a document that coordinates,	31815
evaluates, and otherwise assists, on an annual or multi-year	31816
basis, all of the functions of the criminal and juvenile justice	31817
systems of the state or a specified area of the state, that	31818
conforms to the priorities of the state with respect to criminal	31819
and juvenile justice systems, and that conforms with the	31820
requirements of all federal criminal justice acts. These	31821
functions include, but are not limited to, all of the following:	31822

(a) Crime and delinquency prevention;

31823

(b) Identification, detection, apprehension, and detention	31824
of persons charged with criminal offenses or delinquent acts;	31825

(c) Assistance to crime victims or witnesses, except that	31826
the comprehensive plan does not include the functions of the	31827
attorney general pursuant to sections 109.91 and 109.92 of the	31828
Revised Code;	31829

(d) Adjudication or diversion of persons charged with	31830
criminal offenses or delinquent acts;	31831

(e) Custodial treatment of criminal offenders and delinquent	31832
children;	31833

(f) Institutional and noninstitutional rehabilitation of	31834
criminal offenders and delinquent children.	31835

(30) "Administrative planning district," "criminal justice	31836
coordinating council," "juvenile justice system," and	31837
"metropolitan county criminal justice services agency" have the	31838
same meanings as in section 181.51 of the Revised Code.	31839

(B) There is hereby created the department of youth	31840
services. The governor shall appoint the director of the	31841
department with the advice and consent of the senate. The	31842
director shall hold office during the term of the appointing	31843
governor but subject to removal at the pleasure of the governor.	31844
Except as otherwise authorized in section 108.05 of the Revised	31845
Code, the director shall devote the director's entire time to the	31846
duties of the director's office and shall hold no other office or	31847
position of trust or profit during the director's term of office.	31848

The director is the chief executive and administrative	31849
officer of the department and has all the powers of a department	31850
head set forth in Chapter 121. of the Revised Code. The director	31851
may adopt rules for the government of the department, the conduct	31852
of its officers and employees, the performance of its business,	31853
and the custody, use, and preservation of the department's	31854
records, papers, books, documents, and property. The director	31855
shall be an appointing authority within the meaning of Chapter	31856
124. of the Revised Code. Whenever this or any other chapter or	31857
section of the Revised Code imposes a duty on or requires an	31858
action of the department, the duty or action shall be performed by	31859
the director or, upon the director's order, in the name of the	31860
department.	31861

Sec. 5139.11.  The department of youth services shall do all	31862
of the following:	31863

(A) Through a program of education, promotion, and	31864
organization, form groups of local citizens and assist these	31865
groups in conducting activities aimed at the prevention and	31866
control of juvenile delinquency, making use of local people and	31867
resources for the following purposes:	31868

(1) Combatting local conditions known to contribute to	31869
juvenile delinquency;	31870

(2) Developing recreational and other programs for youth	31871
work;	31872

(3) Providing adult sponsors for delinquent children cases;

31873

(4) Dealing with other related problems of the locality;

31874

(B) Advise local, state, and federal officials, public and	31875
private agencies, and lay groups on the needs for and possible	31876
methods of the reduction and prevention of juvenile delinquency	31877
and the treatment of delinquent children;	31878

(C) Consult with the schools and courts of this state on the	31879
development of programs for the reduction and prevention of	31880
delinquency and the treatment of delinquents;	31881

(D) Cooperate with other agencies whose services deal with	31882
the care and treatment of delinquent children to the end that	31883
delinquent children who are state wards may be assisted whenever	31884
possible to a successful adjustment outside of institutional care;	31885

(E) Cooperate with other agencies in surveying, developing,	31886
and utilizing the recreational resources of a community as a means	31887
of combatting the problem of juvenile delinquency and effectuating	31888
rehabilitation;	31889

(F) Hold district and state conferences from time to time in	31890
order to acquaint the public with current problems of juvenile	31891
delinquency and develop a sense of civic responsibility toward the	31892
prevention of juvenile delinquency;	31893

(G) Assemble and distribute information relating to juvenile	31894
delinquency and report on studies relating to community conditions	31895
that affect the problem of juvenile delinquency;	31896

(H) Assist any community within the state by conducting a	31897
comprehensive survey of the community's available public and	31898
private resources, and recommend methods of establishing a	31899
community program for combatting juvenile delinquency and crime,	31900
but no survey of that type shall be conducted unless local	31901
individuals and groups request it through their local authorities,	31902
and no request of that type shall be interpreted as binding the	31903
community to following the recommendations made as a result of the	31904
request;	31905

(I) Evaluate the rehabilitation of children committed to the	31906
department and prepare and submit periodic reports to the	31907
committing court for the following purposes:	31908

(1) Evaluating the effectiveness of institutional treatment;

31909

(2) Making recommendations for early release where	31910
appropriate and recommending terms and conditions for release;	31911

(3) Reviewing the placement of children and recommending	31912
alternative placements where appropriate.	31913

(J) Coordinate dates for hearings to be conducted under	31914
section 2151.38 of the Revised Code and assist in the transfer and	31915
release of children from institutionalization to the custody of	31916
the committing court;	31917

(K)(1) Coordinate and assist juvenile justice systems by	31918
doing the following:	31919

(a) Performing juvenile justice system planning in the state,	31920
including any planning that is required by any federal law;	31921

(b) Collecting, analyzing, and correlating information and	31922
data concerning the juvenile justice system in the state;	31923

(c) Cooperating with and providing technical assistance to	31924
state departments, administrative planning districts, metropolitan	31925
county criminal justice services agencies, criminal justice	31926
coordinating councils, and agencies, offices, and departments of	31927
the juvenile justice system in the state, and other appropriate	31928
organizations and persons;	31929

(d) Encouraging and assisting agencies, offices, and	31930
departments of the juvenile justice system in the state and other	31931
appropriate organizations and persons to solve problems that	31932
relate to the duties of the department;	31933

(e) Administering within the state any juvenile justice acts	31934
that the governor requires the department to administer;	31935

(f) Implementing the state comprehensive plans;

31936

(g) Auditing grant activities of agencies, offices,	31937
organizations, and persons that are financed in whole or in part	31938
by funds granted through the department;	31939

(h) Monitoring or evaluating the performance of juvenile	31940
justice system projects and programs in the state that are	31941
financed in whole or in part by funds granted through the	31942
department;	31943

(i) Applying for, allocating, disbursing, and accounting for	31944
grants that are made available pursuant to federal juvenile	31945
justice acts, or made available from other federal, state, or	31946
private sources, to improve the criminal and juvenile justice	31947
systems in the state. All money from federal juvenile justice act	31948
grants shall, if the terms under which the money is received	31949
require that the money be deposited into an interest bearing fund	31950
or account, be deposited in the state treasury to the credit of	31951
the federal juvenile justice program purposes fund, which is	31952
hereby created. All investment earnings shall be credited to the	31953
fund.	31954

(j) Contracting with federal, state, and local agencies,	31955
foundations, corporations, businesses, and persons when necessary	31956
to carry out the duties of the department;	31957

(k) Overseeing the activities of metropolitan county	31958
criminal justice services agencies, administrative planning	31959
districts, and juvenile justice coordinating councils in the	31960
state;	31961

(l) Advising the general assembly and governor on	31962
legislation and other significant matters that pertain to the	31963
improvement and reform of the juvenile justice system in the	31964
state;	31965

(m) Preparing and recommending legislation to the general	31966
assembly and governor for the improvement of the juvenile justice	31967
system in the state;	31968

(n) Assisting, advising, and making any reports that are	31969
required by the governor, attorney general, or general assembly.	31970

(2) Division (K)(1) of this section does not limit the	31971
discretion or authority of the attorney general with respect to	31972
crime victim assistance and criminal and juvenile justice	31973
programs.	31974

(3) Nothing in division (K)(1) of this section is intended	31975
to diminish or alter the status of the office of the attorney	31976
general as a criminal justice services agency.	31977

Sec. 5139.31.  The department of youth services may inspect	31978
any school, forestry camp, district detention home, or other	31979
facility for which an application for financial assistance has	31980
been made to the department under section 2151.341, 2151.3416,	31981
2151.651, or 2151.652 of the Revised Code or for which financial	31982
assistance has been granted by the department under section	31983
5139.27, 5139.271, or 5139.28, or 5139.281 of the Revised Code.	31984
The inspection may include, but need not be limited to,	31985
examination and evaluation of the physical condition of the	31986
school, forestry camp, district detention home, or other facility,	31987
including any equipment used in connection with it; observation	31988
and evaluation of the training and treatment of children admitted	31989
to it; examination and analysis and copying of any papers,	31990
records, or other documents relating to the qualifications of	31991
personnel, the commitment of children to it, and its	31992
administration.	31993

Sec. 5153.165.  If a family is encountering an emergency	31994
that could lead, or has led, to removal of a child from the	31995
family's home pursuant to Chapter 2151. of the Revised Code, the	31996
public children services agency shall determine whether the child	31997
could remain safely with, or be safely returned to, the family if	31998
the emergency were alleviated by providing assistance benefits and	31999
services under the prevention, retention, and contingency program	32000
established under Chapter 5108. of the Revised Code. If it is	32001
determined that the child could remain safely with, or be safely	32002
returned to, the family, the agency, with the cooperation of the	32003
child's family, shall determine the amount of assistance benefits	32004
and services necessary to prevent the removal of the child from	32005
the home or to permit the child's return to the home and may	32006
provide the assistance benefits and services pursuant to a plan of	32007
cooperation entered into under section 307.983 of the Revised	32008
Code.	32009

Sec. 5153.60.  The department of job and family services	32010
shall establish a statewide program that provides the training	32011
section 5153.122 of the Revised Code requires public children	32012
services agency caseworkers and supervisors to complete. The	32013
program may also provide the preplacement and continuing training	32014
described in sections 5103.039, 5103.0310, and 5103.0311 of the	32015
Revised Code that foster caregivers are required by sections	32016
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	32017
The program shall be called the "Ohio child welfare training	32018
program."	32019

Sec. 5153.69.  The training program steering committee shall	32020
monitor and evaluate the Ohio child welfare training program to	32021
ensure that the following:	32022

(A) That the Ohio child welfare training program is a	32023
competency-based training system that satisfies the training	32024
requirements for public children services agency caseworkers and	32025
supervisors under section 5153.122 of the Revised Code;	32026

(B) That, if the Ohio child welfare training program	32027
provides preplacement or continuing training for foster	32028
caregivers, it meets the same requirements that preplacement	32029
training programs and continuing training programs must meet	32030
pursuant to section 5103.038 of the Revised Code to obtain	32031
approval by the department of job and family services, except that	32032
the Ohio child welfare training program is not required to obtain	32033
department approval.	32034

Sec. 5153.78.  (A) As used in this section:

32035

(1) "Title IV-B" means Title IV-B of the "Social Security Act	32036
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	32037

(2) "Title IV-E" means Title IV-E of the "Social Security	32038
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	32039

(3) "Title XX" has the same meaning as in section 5101.46 of	32040
the Revised Code.	32041

(B) For purposes of adequately funding the Ohio child	32042
welfare training program, the department of job and family	32043
services shall may use any of the following to adequately fund the	32044
Ohio child welfare training program:	32045

(1) The federal financial participation funds withheld	32046
pursuant to division (D) of section 5101.141 of the Revised Code	32047
in an amount determined by the department;	32048

(2) Funds available under Title XX, Title IV-B, and Title	32049
IV-E to pay for training costs;	32050

(3) Any other Other available state or federal funds.

32051

Sec. 5705.091.  The board of county commissioners of each	32052
county shall establish a county mental retardation and	32053
developmental disabilities general fund. Notwithstanding sections	32054
5705.09 and 5705.10 of the Revised Code, proceeds from levies	32055
under section 5705.222 and division (L) of section 5705.19 of the	32056
Revised Code shall be deposited to the credit of the county mental	32057
retardation and developmental disabilities general fund. Accounts	32058
shall be established within the county mental retardation and	32059
developmental disabilities general fund for each of the several	32060
particular purposes of the levies as specified in the resolutions	32061
under which the levies were approved, and proceeds from different	32062
levies that were approved for the same particular purpose shall be	32063
credited to accounts for that purpose. Other money received by	32064
the county for the purposes of Chapters 3323. and 5126. of the	32065
Revised Code and not required by state or federal law to be	32066
deposited to the credit of a different fund shall also be	32067
deposited to the credit of the county mental retardation and	32068
developmental disabilities general fund, in an account appropriate	32069
to the particular purpose for which the money was received. Unless	32070
otherwise provided by law, an unexpended balance at the end of a	32071
fiscal year in any account in the county mental retardation and	32072
developmental disabilities general fund shall be appropriated the	32073
next fiscal year to the same fund.	32074

A county board of mental retardation and developmental	32075
disabilities may request, by resolution, that the board of county	32076
commissioners establish a county mental retardation and	32077
developmental disabilities capital fund for money to be used for	32078
acquisition, construction, or improvement of capital facilities or	32079
acquisition of capital equipment used in providing services to	32080
mentally retarded and developmentally disabled persons. The	32081
county board of mental retardation and developmental disabilities	32082
shall transmit a certified copy of the resolution to the board of	32083
county commissioners. Upon receiving the resolution, the board of	32084
county commissioners shall establish a county mental retardation	32085
and developmental disabilities capital fund.	32086

A county board shall request, by resolution, that the board	32087
of county commissioners establish a county MR/DD medicaid reserve	32088
fund if such fund must be established for the county board to be	32089
in compliance with the component required by division (A)(3) of	32090
section 5126.054 of the Revised Code of a county board plan	32091
approved by the department of mental retardation and developmental	32092
disabilities under section 5123.046 of the Revised Code. On	32093
receipt of the resolution, the board of county commissioners shall	32094
establish a county MR/DD medicaid reserve fund. The portion of	32095
federal revenue funds that the county board earns for providing	32096
medicaid case management services and home or community-based	32097
services that is needed for the county board to pay for	32098
extraordinary costs, including extraordinary costs for services to	32099
individuals with mental retardation or other developmental	32100
disability, and ensure the availability of adequate funds in the	32101
event a county property tax levy for services for individuals with	32102
mental retardation or other developmental disability fails shall	32103
be deposited into the fund. The county board shall use money in	32104
the fund for those purposes.	32105

Sec. 5705.41.  No subdivision or taxing unit shall:

32106

(A) Make any appropriation of money except as provided in	32107
Chapter 5705. of the Revised Code; provided, that the	32108
authorization of a bond issue shall be deemed to be an	32109
appropriation of the proceeds of the bond issue for the purpose	32110
for which such bonds were issued, but no expenditure shall be made	32111
from any bond fund until first authorized by the taxing authority;	32112

(B) Make any expenditure of money unless it has been	32113
appropriated as provided in such chapter;	32114

(C) Make any expenditure of money except by a proper warrant	32115
drawn against an appropriate fund;	32116

(D)(1) Except as otherwise provided in division (D)(2) of	32117
this section and section 5705.44 of the Revised Code, make any	32118
contract or give any order involving the expenditure of money	32119
unless there is attached thereto a certificate of the fiscal	32120
officer of the subdivision that the amount required to meet the	32121
obligation or, in the case of a continuing contract to be	32122
performed in whole or in part in an ensuing fiscal year, the	32123
amount required to meet the obligation in the fiscal year in which	32124
the contract is made, has been lawfully appropriated for such	32125
purpose and is in the treasury or in process of collection to the	32126
credit of an appropriate fund free from any previous encumbrances.	32127
This certificate need be signed only by the subdivision's fiscal	32128
officer. Every such contract made without such a certificate	32129
shall be void, and no warrant shall be issued in payment of any	32130
amount due thereon. If no certificate is furnished as required,	32131
upon receipt by the taxing authority of the subdivision or taxing	32132
unit of a certificate of the fiscal officer stating that there was	32133
at the time of the making of such contract or order and at the	32134
time of the execution of such certificate a sufficient sum	32135
appropriated for the purpose of such contract and in the treasury	32136
or in process of collection to the credit of an appropriate fund	32137
free from any previous encumbrances, such taxing authority may	32138
authorize the drawing of a warrant in payment of amounts due upon	32139
such contract, but such resolution or ordinance shall be passed	32140
within thirty days from the receipt of such certificate; provided	32141
that, if the amount involved is less than one hundred dollars in	32142
the case of counties or one thousand dollars in the case of all	32143
other subdivisions or taxing units, the fiscal officer may	32144
authorize it to be paid without such affirmation of the taxing	32145
authority of the subdivision or taxing unit, if such expenditure	32146
is otherwise valid.	32147

(2) Annually, the board of county commissioners may adopt a	32148
resolution exempting for the current fiscal year county purchases	32149
of seven hundred fifty dollars or less from the requirement of	32150
division (D)(1) of this section that a certificate be attached to	32151
any contract or order involving the expenditure of money. The	32152
resolution shall state the dollar amount that is exempted from the	32153
certificate requirement and whether the exemption applies to all	32154
purchases, to one or more specific classes of purchases, or to the	32155
purchase of one or more specific items. Prior to the adoption of	32156
the resolution, the board shall give written notice to the county	32157
auditor that it intends to adopt the resolution. The notice shall	32158
state the dollar amount that is proposed to be exempted and	32159
whether the exemption would apply to all purchases, to one or more	32160
specific classes of purchases, or to the purchase of one or more	32161
specific items. The county auditor may review and comment on the	32162
proposal, and shall send any comments to the board within fifteen	32163
days after receiving the notice. The board shall wait at least	32164
fifteen days after giving the notice to the auditor before	32165
adopting the resolution. A person authorized to make a county	32166
purchase in a county that has adopted such a resolution shall	32167
prepare and file with the county auditor, within three business	32168
days after incurring an obligation not requiring a certificate, a	32169
written document specifying the purpose and amount of the	32170
expenditure, the date of the purchase, the name of the vendor, and	32171
such additional information as the auditor of state may prescribe.	32172

(3) Upon certification by the auditor or other chief fiscal	32173
officer that a certain sum of money, not in excess of five	32174
thousand dollars, has been lawfully appropriated, authorized, or	32175
directed for a certain purpose and is in the treasury or in the	32176
process of collection to the credit of a specific line-item	32177
appropriation account in a certain fund free from previous and	32178
then outstanding obligations or certifications, then for such	32179
purpose and from such line-item appropriation account in such	32180
fund, over a period not exceeding three months and not extending	32181
beyond the end of the fiscal year, expenditures may be made,	32182
orders for payment issued, and contracts or obligations calling	32183
for or requiring the payment of money made and assumed; provided,	32184
that the aggregate sum of money included in and called for by such	32185
expenditures, orders, contracts, and obligations shall not exceed	32186
the sum so certified. Such a certification need be signed only by	32187
the fiscal officer of the subdivision or the taxing district and	32188
may, but need not, be limited to a specific vendor. An itemized	32189
statement of obligations incurred and expenditures made under such	32190
certificate shall be rendered to the auditor or other chief fiscal	32191
officer before another such certificate may be issued, and not	32192
more than one such certificate shall be outstanding at a time.	32193

In addition to providing the certification for expenditures	32194
of five thousand dollars or less as provided in this division, a	32195
subdivision also may make expenditures, issue orders for payment,	32196
and make contracts or obligations calling for or requiring the	32197
payment of money made and assumed for specified permitted purposes	32198
from a specific line-item appropriation account in a specified	32199
fund for a sum of money exceeding five thousand dollars upon the	32200
certification by the fiscal officer of the subdivision that this	32201
sum of money has been lawfully appropriated, authorized, or	32202
directed for a permitted purpose and is in the treasury or in the	32203
process of collection to the credit of the specific line-item	32204
appropriation account in the specified fund free from previous and	32205
then-outstanding obligations or certifications; provided that the	32206
aggregate sum of money included in and called for by the	32207
expenditures, orders, and obligations shall not exceed the	32208
certified sum. The purposes for which a subdivision may lawfully	32209
appropriate, authorize, or issue such a certificate are the	32210
services of an accountant, architect, attorney at law, physician,	32211
professional engineer, construction project manager, consultant,	32212
surveyor, or appraiser by or on behalf of the subdivision or	32213
contracting authority; fuel oil, gasoline, food items, roadway	32214
materials, and utilities; and any purchases exempt from	32215
competitive bidding under section 125.04 of the Revised Code and	32216
any other specific expenditure that is a recurring and reasonably	32217
predictable operating expense. Such a certification shall not	32218
extend beyond the end of the fiscal year or, in the case of a	32219
board of county commissioners that has established a quarterly	32220
spending plan under section 5705.392 of the Revised Code, beyond	32221
the quarter to which the plan applies. Such a certificate shall	32222
be signed by the fiscal officer and may, but need not, be limited	32223
to a specific vendor. An itemized statement of obligations	32224
incurred and expenditures made under such a certificate shall be	32225
rendered to the fiscal officer for each certificate issued. More	32226
than one such certificate may be outstanding at any time.	32227

In any case in which a contract is entered into upon a per	32228
unit basis, the head of the department, board, or commission for	32229
the benefit of which the contract is made shall make an estimate	32230
of the total amount to become due upon such contract, which	32231
estimate shall be certified in writing to the fiscal officer of	32232
the subdivision. Such a contract may be entered into if the	32233
appropriation covers such estimate, or so much thereof as may be	32234
due during the current year. In such a case the certificate of	32235
the fiscal officer based upon the estimate shall be a sufficient	32236
compliance with the law requiring a certificate.	32237

Any certificate of the fiscal officer attached to a contract	32238
shall be binding upon the political subdivision as to the facts	32239
set forth therein. Upon request of any person receiving an order	32240
or entering into a contract with any political subdivision, the	32241
certificate of the fiscal officer shall be attached to such order	32242
or contract. "Contract" as used in this section excludes current	32243
payrolls of regular employees and officers.	32244

Taxes and other revenue in process of collection, or the	32245
proceeds to be derived from authorized bonds, notes, or	32246
certificates of indebtedness sold and in process of delivery,	32247
shall for the purpose of this section be deemed in the treasury or	32248
in process of collection and in the appropriate fund. This	32249
section applies neither to the investment of sinking funds by the	32250
trustees of such funds, nor to investments made under sections	32251
731.56 to 731.59 of the Revised Code.	32252

No district authority shall, in transacting its own affairs,	32253
do any of the things prohibited to a subdivision by this section,	32254
but the appropriation referred to shall become the appropriation	32255
by the district authority, and the fiscal officer referred to	32256
shall mean the fiscal officer of the district authority.	32257

Sec. 5705.44.  When contracts or leases run beyond the	32258
termination of the fiscal year in which they are made, the fiscal	32259
officer of the taxing authority shall make a certification for the	32260
amount required to meet the obligation of such contract or lease	32261
maturing in such fiscal year. The amount of the obligation under	32262
such contract or lease remaining unfulfilled at the end of a	32263
fiscal year, and which will become payable during the next fiscal	32264
year, shall be included in the annual appropriation measure for	32265
the next year as a fixed charge.	32266

The certificate required by section 5705.41 of the Revised	32267
Code as to money in the treasury shall not be required for	32268
contracts on which payments are to be made from the earnings of a	32269
publicly operated water works or public utility, but in the case	32270
of any such contract made without such certification, no payment	32271
shall be made on account thereof, and no claim or demand thereon	32272
shall be recoverable, except out of such earnings. That	32273
certificate also shall not be required if requiring the	32274
certificate makes it impossible for a county board of mental	32275
retardation and developmental disabilities to pay the nonfederal	32276
share of medicaid expenditures that the county board is required	32277
by division (A) of section 5126.056 of the Revised Code to pay.	32278

Sec. 5709.17.  (A) Real estate held or occupied by an	32279
association or corporation, organized or incorporated under the	32280
laws of this state relative to soldiers' memorial associations,	32281
monumental building associations, or cemetery associations or	32282
corporations, which in the opinion of the trustees, directors, or	32283
managers thereof is necessary and proper to carry out the object	32284
intended for such association or corporation, shall be exempt from	32285
taxation.	32286

(B) Real estate and tangible personal property held or	32287
occupied by a war veterans' organization, which is organized	32288
exclusively for charitable purposes and incorporated under the	32289
laws of this state or the United States, except real estate held	32290
by such organization for the production of rental income, shall be	32291
exempt from taxation.	32292

(C) Tangible personal property held by a corporation	32293
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	32294
section 501(c)(3) of the Internal Revenue Code, and exempt from	32295
taxation under section 501(a) of the Internal Revenue Code shall	32296
be exempt from taxation if it is surplus property obtained as	32297
described in 112 Stat. 1340, 36 U.S.C.A. 40730.	32298

Sec. 5721.30.  As used in sections 5721.30 to 5721.42 of the	32299
Revised Code:	32300

(A) "Tax certificate," "certificate," or "duplicate	32301
certificate" means a document which may be issued as a physical	32302
certificate, in book-entry form, or through an electronic medium,	32303
at the discretion of the county treasurer. Such document shall	32304
contain the information required by section 5721.31 of the Revised	32305
Code and shall be prepared, transferred, or redeemed in the manner	32306
prescribed by sections 5721.30 to 5721.41 of the Revised Code. As	32307
used in those sections, "tax certificate," "certificate," and	32308
"duplicate certificate" do not refer to the delinquent land tax	32309
certificate or the delinquent vacant land tax certificate issued	32310
under section 5721.13 of the Revised Code.	32311

(B) "Certificate parcel" means the parcel of delinquent land	32312
that is the subject of and is described in a tax certificate.	32313

(C) "Certificate holder" means a person who purchases a tax	32314
certificate under section 5721.32 or 5721.33 of the Revised Code,	32315
or a person to whom a tax certificate has been transferred	32316
pursuant to section 5721.36 of the Revised Code.	32317

(D) "Certificate purchase price" means, with respect to the	32318
sale of tax certificates under sections 5721.32 and 5721.33 of the	32319
Revised Code, the amount equal to delinquent taxes, assessments,	32320
penalties, and interest computed under section 323.121 of the	32321
Revised Code charged against a certificate parcel at the time the	32322
tax certificate respecting that parcel is sold, not including any	32323
delinquent taxes, assessments, penalties, interest, and charges,	32324
the lien for which has been conveyed to a certificate holder	32325
through a prior sale of a tax certificate respecting that parcel;	32326
provided, however, that payment of the certificate purchase price	32327
in a sale under section 5721.33 of the Revised Code may be made	32328
wholly in cash or partially in cash and partially by noncash	32329
consideration acceptable to the county treasurer from the	32330
purchaser. In the event that any such noncash consideration is	32331
delivered to pay a portion of the certificate purchase price, such	32332
noncash consideration may be subordinate to the rights of the	32333
holders of other obligations whose proceeds paid the cash portion	32334
of the certificate purchase price.	32335

"Certificate purchase price" also includes the amount of the	32336
fee charged by the county treasurer to the purchaser of the	32337
certificate under division (H) of section 5721.32 of the Revised	32338
Code.	32339

(E) With respect to a sale of tax certificates under section	32340
5721.32 of the Revised Code and except as provided in division	32341
(E)(3) of this section, "certificate redemption price" means the	32342
amount determined under division (E)(1) or (2) of this section.	32343

(1) During the first year after the date on which a tax	32344
certificate is sold, the sum of the following:	32345

(a) The certificate purchase price;

32346

(b) The greater of the following:

32347

(i) Interest, at the certificate rate of interest, accruing	32348
during the certificate interest period on the certificate purchase	32349
price;	32350

(ii) Six per cent of the certificate purchase price.

32351

(c) The fee charged by the county treasurer to the purchaser	32352
of the certificate under division (H) of section 5721.32 of the	32353
Revised Code.	32354

(2) After the first year after the date on which a tax	32355
certificate is sold, the sum of the following:	32356

(a)(i) If division (E)(1)(b)(i) applied during the first	32357
year, the certificate purchase price;	32358

(ii) If division (E)(1)(b)(ii) applied during the first	32359
year, the sum of the certificate purchase price plus six per cent	32360
of the certificate purchase price.	32361

(b)(i) If division (E)(1)(b)(i) applied during the first	32362
year, interest at the certificate rate of interest accruing during	32363
the certificate interest period on the certificate purchase price;	32364

(ii) If division (E)(1)(b)(ii) applied during the first	32365
year, interest at the certificate rate of interest, accruing	32366
during the part of the certificate interest period that begins one	32367
year after the date of the sale of the certificate, on the sum of	32368
the certificate purchase price plus six per cent of the	32369
certificate purchase price.	32370

(c) The fee charged by the county treasurer to the purchaser	32371
of the certificate under division (H) of section 5721.32 of the	32372
Revised Code.	32373

(3) If the certificate rate of interest equals zero, the	32374
certificate redemption price equals the certificate purchase price	32375
plus the fee charged by the county treasurer to the purchaser of	32376
the certificate under division (H) of section 5721.32 of the	32377
Revised Code.	32378

(F) With respect to a sale of tax certificates under section	32379
5721.33 of the Revised Code, "certificate redemption price" means	32380
the amount equal to the sum of the following:	32381

(1) The certificate purchase price;

32382

(2) Interest accrued on the certificate purchase price at	32383
the certificate rate of interest from the date on which a tax	32384
certificate is delivered through and including the day immediately	32385
preceding the day on which the certificate redemption price is	32386
paid;	32387

(3) The fee, if any, charged by the county treasurer to the	32388
purchaser of the certificate under division (J) of section 5721.33	32389
of the Revised Code;	32390

(4) Any other fees charged by any county office in	32391
connection with the recording of tax certificates.	32392

(G) "Certificate rate of interest" means the rate of simple	32393
interest per year bid by the winning bidder in an auction of a tax	32394
certificate held under section 5721.32 of the Revised Code, or the	32395
rate of simple interest per year not to exceed eighteen per cent	32396
per year fixed by the county treasurer with respect to any tax	32397
certificate sold pursuant to a negotiated sale under section	32398
5721.33 of the Revised Code.	32399

(H) "Cash" means United States currency, certified checks,	32400
money orders, bank drafts, or electronic transfer of funds, and	32401
excludes any other form of payment.	32402

(I) "The date on which a tax certificate is sold," "the date	32403
the certificate was sold," "the date the certificate is	32404
purchased," and any other phrase of similar content mean, with	32405
respect to a sale pursuant to an auction under section 5721.32 of	32406
the Revised Code, the date designated by the county treasurer for	32407
the submission of bids and, with respect to a negotiated sale	32408
under section 5721.33 of the Revised Code, the date of delivery of	32409
the tax certificates to the purchasers thereof pursuant to a tax	32410
certificate sale/purchase agreement.	32411

(J) "Purchaser of a tax certificate pursuant to section	32412
5721.32 of the Revised Code" means the winning bidder in an	32413
auction of a tax certificate held under section 5721.32 of the	32414
Revised Code.	32415

(K) "Certificate interest period" means, with respect to a	32416
tax certificate sold under section 5721.32 of the Revised Code,	32417
the period beginning on the date the certificate is purchased and,	32418
with respect to a tax certificate sold under section 5721.33 of	32419
the Revised Code, the period beginning on the date of delivery of	32420
the tax certificate, and in either case ending on one of the	32421
following dates:	32422

(1) In the case of foreclosure proceedings instituted under	32423
section 5721.37 of the Revised Code, the date the certificate	32424
holder submits a payment to the treasurer under division (B) of	32425
that section;	32426

(2) In the case of a certificate parcel redeemed under	32427
division (A) or (C) of section 5721.38 of the Revised Code, the	32428
date the owner of record of the certificate parcel, or any other	32429
person entitled to redeem that parcel, pays to the county	32430
treasurer or to the certificate holder, as applicable, the full	32431
amount determined under that section.	32432

(L) "County treasurer" means, with respect to the sale of tax	32433
certificates under section 5721.32 of the Revised Code, the county	32434
treasurer of a county having a population of at least two hundred	32435
thousand according to the then most recent federal decennial	32436
census and, with respect to the sale of tax certificates under	32437
section 5721.33 of the Revised Code, the county treasurer of a	32438
county having a population of at least one million four three	32439
hundred thousand according to the then most recent federal	32440
decennial census.	32441

(M) "Qualified trustee" means a trust company within the	32442
state or a bank having the power of a trust company within the	32443
state with a combined capital stock, surplus, and undivided	32444
profits of at least one hundred million dollars.	32445

(N) "Tax certificate sale/purchase agreement" means the	32446
purchase and sale agreement described in division (C) of section	32447
5721.33 of the Revised Code setting forth the certificate purchase	32448
price, plus any applicable premium or less any applicable	32449
discount, including, without limitation, the amount thereof to be	32450
paid in cash and the amount and nature of any noncash	32451
consideration, the date of delivery of the tax certificates, and	32452
the other terms and conditions of the sale, including, without	32453
limitation, the rate of interest that the tax certificates shall	32454
bear.	32455

(O) "Noncash consideration" means any form of consideration	32456
other than cash, including, but not limited to, promissory notes	32457
whether subordinate or otherwise.	32458

(P) "Private attorney" means for purposes of section 5721.37	32459
of the Revised Code, any attorney licensed to practice law in this	32460
state, whether practicing with a firm of attorneys or otherwise,	32461
whose license has not been revoked or otherwise suspended and who	32462
brings foreclosure proceedings pursuant to section 5721.37 of the	32463
Revised Code on behalf of a certificate holder.	32464

(Q) "Related certificate parcel" means, with respect to a	32465
certificate holder, the certificate parcel with respect to which	32466
the certificate holder has purchased and holds a tax certificate	32467
pursuant to sections 5721.30 to 5721.41 of the Revised Code and,	32468
with respect to a tax certificate, the certificate parcel against	32469
which the tax certificate has been sold pursuant to those	32470
sections.	32471

Sec. 5725.31.  (A) As used in this section:

32472

(1) "Eligible employee" and "eligible training costs" have	32473
the same meanings as in section 5733.42 of the Revised Code.	32474

(2) "Tax assessed under this chapter" means, in the case of a	32475
dealer in intangibles, the tax assessed under sections 5725.13 to	32476
5725.17 of the Revised Code and, in the case of a domestic	32477
insurance company, the taxes assessed under sections 5725.18 to	32478
5725.26 of the Revised Code.	32479

(3) "Taxpayer" means a dealer in intangibles or a domestic	32480
insurance company subject to a tax assessed under this chapter.	32481

(4) "Credit period" means, in the case of a dealer in	32482
intangibles, the calendar year ending on the thirty-first day of	32483
December next preceding the day the report is required to be	32484
returned under section 5725.14 of the Revised Code and, in the	32485
case of a domestic insurance company, the calendar year ending on	32486
the thirty-first day of December next preceding the day the annual	32487
statement is required to be returned under section 5725.18 or	32488
5725.181 of the Revised Code.	32489

(B) There is hereby allowed a nonrefundable credit against	32490
the tax imposed under this chapter for a taxpayer for which a tax	32491
credit certificate is issued under section 5733.42 of the Revised	32492
Code. The credit may be claimed for credit periods beginning on	32493
or after January 1, 2001 2003, and ending on or before December	32494
31, 2003 2005. The amount of the credit shall equal one-half of	32495
the average of the eligible training costs paid or incurred by the	32496
taxpayer during the three calendar years immediately preceding the	32497
credit period for which the credit is claimed, not to exceed one	32498
thousand dollars for each eligible employee on account of whom	32499
eligible training costs were paid or incurred by the taxpayer. The	32500
credit claimed by a taxpayer each credit period shall not exceed	32501
one hundred thousand dollars.	32502

A taxpayer shall apply to the director of job and family	32503
services for a tax credit certificate in the manner prescribed by	32504
division (C) of section 5733.42 of the Revised Code. Divisions	32505
(C) to (H) of that section govern the tax credit allowed by this	32506
section, except that "credit period" shall be substituted for "tax	32507
year with respect to a calendar year" wherever that phrase appears	32508
in those divisions and that a taxpayer under this section shall be	32509
considered a taxpayer for the purposes of that section.	32510

A taxpayer may carry forward the credit allowed under this	32511
section to the extent that the credit exceeds the taxpayer's tax	32512
due for the credit period. The taxpayer may carry the excess	32513
credit forward for three credit periods following the credit	32514
period for which the credit is first claimed under this section.	32515
The credit allowed by this section is in addition to any credit	32516
allowed under section 5729.031 of the Revised Code.	32517

Sec. 5727.81.  (A) For the purpose of raising revenue for	32518
public education and state and local government operations, an	32519
excise tax is hereby levied and imposed on an electric	32520
distribution company for all electricity distributed by such	32521
company beginning with the measurement period that includes May	32522
1, 2001, at the following rates per kilowatt hour of electricity	32523
distributed in a thirty-day period by the company through a meter	32524
of an end user in this state:	32525

If no meter is used to measure the kilowatt hours of	32531
electricity distributed by the company, the rates shall apply to	32532
the estimated kilowatt hours of electricity distributed to an	32533
unmetered location in this state.	32534

The electric distribution company shall base the monthly tax	32535
on the kilowatt hours of electricity distributed to an end user	32536
through the meter of the end user that is not measured for a	32537
thirty-day period by dividing the days in the measurement period	32538
into the total kilowatt hours measured during the measurement	32539
period to obtain a daily average usage. The tax shall be	32540
determined by obtaining the sum of divisions (A)(1), (2), and (3)	32541
of this section and multiplying that amount by the number of days	32542
in the measurement period:	32543

(1) Multiplying $0.00465 per kilowatt hour for the first	32544
sixty-seven kilowatt hours distributed using a daily average;	32545

(2) Multiplying $0.00419 for the next sixty-eight to five	32546
hundred kilowatt hours distributed using a daily average;	32547

(3) Multiplying $0.00363 for the remaining kilowatt hours	32548
distributed using a daily average.	32549

Except as provided in division (C) of this section, the	32550
electric distribution company shall pay the tax to the treasurer	32551
of state in accordance with section 5727.82 of the Revised Code.	32552

Only the distribution of electricity through a meter of an	32553
end user in this state shall be used by the electric distribution	32554
company to compute the amount or estimated amount of tax due. In	32555
the event a meter is not actually read for a measurement period,	32556
the estimated kilowatt hours distributed by an electric	32557
distribution company to bill for its distribution charges shall	32558
be used.	32559

(B) Except as provided in division (C) of this section, each	32560
electric distribution company shall pay the tax imposed by this	32561
section in all of the following circumstances:	32562

(1) The electricity is distributed by the company through a	32563
meter of an end user in this state;	32564

(2) The company is distributing electricity through a meter	32565
located in another state, but the electricity is consumed in this	32566
state in the manner prescribed by the tax commissioner;	32567

(3) The company is distributing electricity in this state	32568
without the use of a meter, but the electricity is consumed in	32569
this state as estimated and in the manner prescribed by the tax	32570
commissioner.	32571

(C)(1) As used in division (C) of this section:

32572

(a) "Total price of electricity" means the aggregate value in	32573
money of anything paid or transferred, or promised to be paid or	32574
transferred, to obtain electricity or electric service, including	32575
but not limited to the value paid or promised to be paid for the	32576
transmission or distribution of electricity and for transition	32577
costs as described in Chapter 4928. of the Revised Code.	32578

(b) "Package" means the provision or the acquisition, at a	32579
combined price, of electricity with other services or products, or	32580
any combination thereof, such as natural gas or other fuels;	32581
energy management products, software, and services; machinery and	32582
equipment acquisition; and financing agreements.	32583

(c) "Single location" means a facility located on contiguous	32584
property separated only by a roadway, railway, or waterway.	32585

(2) Division (C) of this section applies to any commercial	32586
or industrial purchaser's receipt of electricity through a meter	32587
of an end user in this state or through more than one meter at a	32588
single location in this state in a quantity that exceeds	32589
forty-five million kilowatt hours of electricity over the course	32590
of the preceding calendar year, or any commercial or industrial	32591
purchaser that will consume more than forty-five million kilowatt	32592
hours of electricity over the course of the succeeding twelve	32593
months as estimated by the tax commissioner. The tax commissioner	32594
shall make such an estimate upon the written request by an	32595
applicant for registration as a self-assessing purchaser under	32596
this division. Such a purchaser may elect to self-assess the	32597
excise tax imposed by this section at the rate of $.00075 per	32598
kilowatt hour on not more than the first five hundred four million	32599
kilowatt hours distributed to that meter or location during the	32600
registration year, and four per cent of the total price of all	32601
electricity distributed to that meter or location. A qualified	32602
end user that receives electricity through a meter of an end user	32603
in this state or through more than one meter at a single location	32604
in this state and that consumes, over the course of the previous	32605
calendar year, more than forty-five million kilowatt hours in	32606
other than its qualifying manufacturing process, may elect to	32607
self-assess the tax as allowed by this division with respect to	32608
the electricity used in other than its qualifying manufacturing	32609
process. Payment of the tax shall be made directly to the	32610
treasurer of state in accordance with divisions (A)(4) and (5) of	32611
section 5727.82 of the Revised Code. If the electric distribution	32612
company serving the self-assessing purchaser is a municipal	32613
electric utility and the purchaser is within the municipal	32614
corporation's corporate limits, payment shall be made to such	32615
municipal corporation's general fund and reports shall be filed in	32616
accordance with divisions (A)(4) and (5) of section 5727.82 of	32617
the Revised Code, except that "municipal corporation" shall be	32618
substituted for "treasurer of state" and "tax commissioner." A	32619
self-assessing purchaser that pays the excise tax as provided in	32620
this division shall not be required to pay the tax to the	32621
electric distribution company from which its electricity is	32622
distributed. If a self-assessing purchaser's receipt of	32623
electricity is not subject to the tax as measured under this	32624
division, the tax on the receipt of such electricity shall be	32625
measured and paid as provided in division (A) of this section.	32626

(3) In the case of the acquisition of a package, unless the	32627
elements of the package are separately stated isolating the total	32628
price of electricity from the price of the remaining elements of	32629
the package, the tax imposed under this section applies to the	32630
entire price of the package. If the elements of the package are	32631
separately stated, the tax imposed under this section applies to	32632
the total price of the electricity.	32633

(4) Any electric supplier that sells electricity as part of	32634
a package shall separately state to the purchaser the total price	32635
of the electricity and, upon request by the tax commissioner, the	32636
total price of each of the other elements of the package.	32637

(5) The tax commissioner may adopt rules relating to the	32638
computation of the total price of electricity with respect to	32639
self-assessing purchasers, which may include rules to establish	32640
the total price of electricity purchased as part of a package.	32641

(6) Application An annual application for registration as a	32642
self-assessing purchaser shall be made for each qualifying meter	32643
or location, on a form prescribed by the tax commissioner. The	32644
registration year begins on the first day of may and ends on the	32645
following thirtieth day of April. Persons may apply after the	32646
first day of May for the remainder of the registration year. In	32647
the case of an applicant applying on the basis of an estimated	32648
consumption of forty-five million kilowatt hours over the course	32649
of the succeeding twelve months, the applicant shall provide such	32650
information as the tax commissioner considers to be necessary to	32651
estimate such consumption. At the time of making the application	32652
and by the first day of May of each year, excluding May 1, 2000, a	32653
self-assessing purchaser shall pay a fee of five hundred dollars	32654
to the treasurer of state for each qualifying meter or location.	32655
The treasurer of state shall deposit such fees into the kilowatt	32656
hour excise tax administration fund, which is hereby created in	32657
the state treasury. Money in the fund shall be used to defray the	32658
tax commissioner's cost in administering the tax owed under	32659
section 5727.81 of the Revised Code by self-assessing purchasers.	32660
After the application is approved by the tax commissioner, the	32661
registration shall remain in effect for the current registration	32662
year, or until canceled by the registrant upon written	32663
notification to the commissioner of the election to pay the tax in	32664
accordance with division (A) of this section, or until canceled by	32665
the tax commissioner for not paying the tax or fee under division	32666
(C) of this section, or for not meeting the qualifications in	32667
division (C)(2) of this section. The tax commissioner shall give	32668
written notice to the electric distribution company from which	32669
electricity is delivered to a self-assessing purchaser of the	32670
purchaser's self-assessing status, and the electric distribution	32671
company is relieved of the obligation to pay the tax imposed by	32672
division (A) of this section for electricity distributed to that	32673
self-assessing purchaser until it is notified by the tax	32674
commissioner that the self-assessing purchaser's registration is	32675
canceled. Within fifteen days of notification of the canceled	32676
registration, the electric distribution company shall be	32677
responsible for payment of the tax imposed by division (A) of this	32678
section on electricity distributed to a purchaser that is no	32679
longer registered as a self-assessing purchaser. A self-assessing	32680
purchaser with a canceled registration must file a report and	32681
remit the tax imposed by division (A) of this section on all	32682
electricity it receives for any measurement period prior to the	32683
tax being reported and paid by the electric distribution company.	32684
A self-assessing purchaser whose registration is canceled by the	32685
tax commissioner is not eligible to register as a self-assessing	32686
purchaser for two years after the registration is canceled.	32687

(7) If the tax commissioner cancels the self-assessing	32688
registration of a purchaser registered on the basis of its	32689
estimated consumption because the purchaser does not consume at	32690
least forty-five million kilowatt hours of electricity over the	32691
course of the twelve-month period for which the estimate was made,	32692
the tax commissioner shall assess and collect from the purchaser	32693
the difference between (a) the amount of tax that would have been	32694
payable under division (A) of this section on the electricity	32695
distributed to the purchaser during that period and (b) the amount	32696
of tax paid by the purchaser on such electricity pursuant to	32697
division (C)(2)(a) of this section. The assessment shall be paid	32698
within sixty days after the tax commissioner issues it, regardless	32699
of whether the purchaser files a petition for reassessment under	32700
section 5727.89 of the Revised Code covering that period. If the	32701
purchaser does not pay the assessment within the time prescribed,	32702
the amount assessed is subject to the additional charge and the	32703
interest prescribed by divisions (B) and (C) of section 5727.82 of	32704
the Revised Code, and is subject to assessment under section	32705
5727.89 of the Revised Code. If the purchaser is a qualified end	32706
user, division (C)(7) of this section applies only to electricity	32707
it consumes in other than its qualifying manufacturing process.	32708

(D) The tax imposed by this section does not apply to the	32709
distribution of any kilowatt hours of electricity to the federal	32710
government, to an end user located at a federal facility that uses	32711
electricity for the enrichment of uranium, to a qualified	32712
regeneration meter, or to an end user for any day the end user is	32713
a qualified end user. The exemption under this division for a	32714
qualified end user only applies to the manufacturing location	32715
where the qualified end user uses more than three million kilowatt	32716
hours per day in a qualifying manufacturing process.	32717

Sec. 5727.811.  (A) For the purpose of raising revenue for	32718
public education and state and local government operations, an	32719
excise tax is hereby levied on every natural gas distribution	32720
company for all natural gas volumes billed by, or on behalf of,	32721
the company on and after beginning with the measurement period	32722
that includes July 1, 2001. Except as provided in divisions (C)	32723
or (D) of this section, the tax shall be levied at the following	32724
rates per MCF of natural gas distributed by the company through a	32725
meter of an end user in this state:	32726

If no meter is used to measure the MCF of natural gas	32731
distributed by the company, the rates shall apply to the estimated	32732
MCF of natural gas distributed to an unmetered location in this	32733
state.	32734

(B) A natural gas distribution company shall base the tax on	32735
the MCF of natural gas distributed to an end user through the	32736
meter of the end user in this state that is estimated to be	32737
consumed by the end user as reflected on the end user's customer	32738
statement from the natural gas distribution company. The natural	32739
gas distribution company shall pay the tax levied by this section	32740
to the treasurer of state in accordance with section 5727.82 of	32741
the Revised Code.	32742

(C) A natural gas distribution company with fifty thousand	32743
customers or less may elect to apply the rates specified in	32744
division (A) of this section to the aggregate of the natural gas	32745
distributed by the company through the meter of all its customers	32746
in this state, and upon such election, this method shall be used	32747
to determine the amount of tax to be paid by such company.	32748

(D) A natural gas distribution company shall pay the tax	32749
imposed by this section at the rate of $.02 per MCF of natural gas	32750
distributed by the company through the meter of a flex customer.	32751
The natural gas distribution company correspondingly shall reduce	32752
the per MCF rate that it charges the flex customer for natural gas	32753
distribution services by $.02 per MCF of natural gas distributed	32754
to the flex customer.	32755

(E) Except as provided in division (F) of this section, each	32756
natural gas distribution company shall pay the tax imposed by this	32757
section in all of the following circumstances:	32758

(1) The natural gas is distributed by the company through a	32759
meter of an end user in this state;	32760

(2) The natural gas distribution company is distributing	32761
natural gas through a meter located in another state, but the	32762
natural gas is consumed in this state in the manner prescribed by	32763
the tax commissioner;	32764

(3) The natural gas distribution company is distributing	32765
natural gas in this state without the use of a meter, but the	32766
natural gas is consumed in this state as estimated and in the	32767
manner prescribed by the tax commissioner.	32768

(F) The tax levied by this section does not apply to the	32769
distribution of natural gas to the federal government, or natural	32770
gas produced by an end user in this state that is consumed by that	32771
end user or its affiliates and is not distributed through the	32772
facilities of a natural gas company.	32773

Sec. 5727.84.  (A) As used in this section and sections	32774
5727.85, 5727.86, and 5727.87 of the Revised Code:	32775

(1) "School district" means a city, local, or exempted	32776
village school district.	32777

(2) "Joint vocational school district" means a joint	32778
vocational school district created under section 3311.16 of the	32779
Revised Code, and includes a cooperative education school district	32780
created under section 3311.52 or 3311.521 of the Revised Code and	32781
a county school financing district created under section 3311.50	32782
of the Revised Code.	32783

(3) "Local taxing unit" means a subdivision or taxing unit,	32784
as defined in section 5705.01 of the Revised Code, a park district	32785
created under Chapter 1545. of the Revised Code, or a township	32786
park district established under section 511.23 of the Revised	32787
Code, but excludes school districts and joint vocational school	32788
districts.	32789

(4) "State education aid" means the sum of the state basic	32790
aid and state special education aid amounts computed for a school	32791
district or joint vocational school district under divisions (A)	32792
and (C) of section 3317.022 Chapter 3317. of the Revised Code.	32793

(5) "State education aid offset" means the amount certified	32794
for each school district under division (A)(1) of section 5727.85	32795
of the Revised Code.	32796

(6) "Adjusted total taxable value Recognized valuation" has	32797
the same meaning as in section 3317.02 of the Revised Code.	32798

(7) "Electric company tax value loss" means the amount	32799
determined under division (D) of this section.	32800

(8) "Natural gas company tax value loss" means the amount	32801
determined under division (E) of this section.	32802

(9) "Tax value loss" means the sum of the electric company	32803
tax value loss and the natural gas company tax value loss.	32804

(10) "Fixed-rate levy" means any tax levied on property other	32805
than a fixed-sum levy.	32806

(11) "Fixed-rate levy loss" means the amount determined under	32807
division (G) of this section.	32808

(12) "Fixed-sum levy" means a tax levied on property at	32809
whatever rate is required to produce a specified amount of tax	32810
money or to pay debt charges, and includes school district	32811
emergency levies imposed pursuant to section 5705.194 of the	32812
Revised Code.	32813

(13) "Fixed-sum levy loss" means the amount determined under	32814
division (H) of this section.	32815

(14) "Consumer price index" means the consumer price index	32816
(all items, all urban consumers) prepared by the bureau of labor	32817
statistics of the United States department of labor.	32818

(B) All money arising from the tax imposed by section	32819
5727.81 of the Revised Code shall be credited as follows:	32820

(1) Fifty-nine and nine hundred seventy-six one-thousandths	32821
per cent, plus an amount equal to seventy per cent of the total	32822
state education aid offset, shall be credited to the general	32823
revenue fund.	32824

(2) Two and six hundred forty-six one-thousandths per cent	32825
shall be credited to the local government fund, for distribution	32826
in accordance with section 5747.50 of the Revised Code.	32827

(3) Three hundred seventy-eight one-thousandths per cent	32828
shall be credited to the local government revenue assistance fund,	32829
for distribution in accordance with section 5747.61 of the Revised	32830
Code.	32831

(4) Twenty-five and nine-tenths per cent, less an amount	32832
equal to seventy per cent of the total state education aid offset,	32833
shall be credited to the school district property tax replacement	32834
fund, which is hereby created in the state treasury for the	32835
purpose of making the payments described in section 5727.85 of the	32836
Revised Code.	32837

(5) Eleven and one-tenth per cent shall be credited to the	32838
local government property tax replacement fund, which is hereby	32839
created in the state treasury for the purpose of making the	32840
payments described in section 5727.86 of the Revised Code.	32841

(6) Beginning in the fiscal year in which payments are	32842
required to be made under sections 5727.85 and 5727.86 of the	32843
Revised Code, if the revenue arising from the tax levied by	32844
section 5727.81 of the Revised Code is less than five hundred	32845
fifty-two million dollars, the amount credited to the general	32846
revenue fund under division (B)(1) of this section shall be	32847
reduced by the amount necessary to credit to each of the funds in	32848
divisions (B)(2), (3), (4), and (5) of this section the amount it	32849
would have received if the tax did raise five hundred fifty-two	32850
million dollars for that fiscal year. The tax commissioner shall	32851
certify to the director of budget and management the amounts that	32852
shall be credited under this division.	32853

(C) All money arising from the tax imposed by section	32854
5727.811 of the Revised Code shall be credited as follows:	32855

(1) Seventy per cent, less an amount equal to thirty per	32856
cent of the total state education aid offset, shall be credited to	32857
the school district property tax replacement fund for the purpose	32858
of making the payments described in section 5727.85 of the Revised	32859
Code.	32860

(2) Thirty per cent shall be credited to the local	32861
government property tax replacement fund for the purpose of making	32862
the payments described in section 5727.86 of the Revised Code.	32863

(3) An amount equal to thirty per cent of the total state	32864
education aid offset shall be credited to the general revenue	32865
fund.	32866

(4) Beginning in the fiscal year in which payments are	32867
required to be made under sections 5727.85 and 5727.86 of the	32868
Revised Code, if the revenue arising from the tax levied by	32869
section 5727.811 of the Revised Code is less than ninety million	32870
dollars, the amount credited to the general revenue fund under	32871
division (C)(3) of this section shall be reduced by the amount	32872
necessary to credit to each of the funds in divisions (C)(1) and	32873
(2) of this section the amount that it would have received if the	32874
tax did raise ninety million dollars for that fiscal year. The	32875
tax commissioner shall certify to the director of budget and	32876
management the amounts that shall be credited under this division.	32877

(D) Not later than January 1, 2002, the tax commissioner	32878
shall determine for each taxing district its electric company tax	32879
value loss, which is the sum of the amounts described in divisions	32880
(D)(1) and (2) of this section:	32881

(1) The difference obtained by subtracting the amount	32882
described in division (D)(1)(b) from the amount described in	32883
division (D)(1)(a) of this section.	32884

(a) The value of electric company and rural electric company	32885
tangible personal property as assessed by the tax commissioner for	32886
tax year 1998 on a preliminary assessment, or an amended	32887
preliminary assessment if issued prior to March 1, 1999, and as	32888
apportioned to the taxing district for tax year 1998;	32889

(b) The value of electric company and rural electric company	32890
tangible personal property as assessed by the tax commissioner for	32891
tax year 1998 had the property been apportioned to the taxing	32892
district for tax year 2001, and assessed at the rates in effect	32893
for tax year 2001.	32894

(2) The difference obtained by subtracting the amount	32895
described in division (D)(2)(b) from the amount described in	32896
division (D)(2)(a) of this section.	32897

(a) The three-year average for tax years 1996, 1997, and	32898
1998 of the assessed value from nuclear fuel materials and	32899
assemblies assessed against a person under Chapter 5711. of the	32900
Revised Code from the leasing of them to an electric company for	32901
those respective tax years, as reflected in the preliminary	32902
assessments;	32903

(b) The three-year average assessed value from nuclear fuel	32904
materials and assemblies assessed under division (D)(2)(a) of this	32905
section for tax years 1996, 1997, and 1998, as reflected in the	32906
preliminary assessments, using an assessment rate of twenty-five	32907
per cent.	32908

(E) Not later than January 1, 2002, the tax commissioner	32909
shall determine for each taxing district its natural gas company	32910
tax value loss, which is the sum of the amounts described in	32911
divisions (E)(1) and (2) of this section:	32912

(1) The difference obtained by subtracting the amount	32913
described in division (E)(1)(b) from the amount described in	32914
division (E)(1)(a) of this section.	32915

(a) The value of all natural gas company tangible personal	32916
property, other than property described in division (E)(2) of this	32917
section, as assessed by the tax commissioner for tax year 1999 on	32918
a preliminary assessment, or an amended preliminary assessment if	32919
issued prior to March 1, 2000, and apportioned to the taxing	32920
district for tax year 1999;	32921

(b) The value of all natural gas company tangible personal	32922
property, other than property described in division (E)(2) of this	32923
section, as assessed by the tax commissioner for tax year 1999 had	32924
the property been apportioned to the taxing district for tax year	32925
2001, and assessed at the rates in effect for tax year 2001.	32926

(2) The difference in the value of current gas obtained by	32927
subtracting the amount described in division (E)(2)(b) from the	32928
amount described in division (E)(2)(a) of this section.	32929

(a) The three-year average assessed value of current gas as	32930
assessed by the tax commissioner for tax years 1997, 1998, and	32931
1999 on a preliminary assessment, or an amended preliminary	32932
assessment if issued prior to March 1, 2001, and as apportioned in	32933
the taxing district for those respective years;	32934

(b) The three-year average assessed value from current gas	32935
under division (E)(2)(a) of this section for tax years 1997, 1998,	32936
and 1999, as reflected in the preliminary assessment, using an	32937
assessment rate of twenty-five per cent.	32938

(F) The tax commissioner may request that natural gas	32939
companies, electric companies, and rural electric companies file a	32940
report to help determine the tax value loss under divisions (D)	32941
and (E) of this section. The report shall be filed within thirty	32942
days of the commissioner's request. A company that fails to file	32943
the report or does not timely file the report is subject to the	32944
penalty in section 5727.60 of the Revised Code.	32945

(G) Not later than January 1, 2002, the tax commissioner	32946
shall determine for each school district, joint vocational school	32947
district, and local taxing unit its fixed-rate levy loss, which is	32948
the sum of its electric company tax value loss multiplied by the	32949
tax rate in effect in tax year 1998 for fixed-rate levies and its	32950
natural gas company tax value loss multiplied by the tax rate in	32951
effect in tax year 1999 for fixed-rate levies.	32952

(H) Not later than January 1, 2002, the tax commissioner	32953
shall determine for each school district, joint vocational school	32954
district, and local taxing unit its fixed-sum levy loss, which is	32955
the amount obtained by subtracting the amount described in	32956
division (H)(2) of this section from the amount described in	32957
division (H)(1) of this section:	32958

(1) The sum of the electric company tax value loss	32959
multiplied by the tax rate in effect in tax year 1998, and the	32960
natural gas company tax value loss multiplied by the tax rate in	32961
effect in tax year 1999, for fixed-sum levies for all taxing	32962
districts within each school district, joint vocational school	32963
district, and local taxing unit. For the years 2002 through 2006,	32964
this computation shall include school district emergency levies	32965
that existed in 1998 in the case of the electric company tax value	32966
loss, and 1999 in the case of the natural gas company tax value	32967
loss, and all other fixed-sum levies that existed in 1998 in the	32968
case of the electric company tax value loss and 1999 in the case	32969
of the natural gas company tax value loss and continue to be	32970
charged in the tax year preceding the distribution year. For the	32971
years 2007 through 2016 in the case of school district emergency	32972
levies, and for all years after 2006 in the case of all other	32973
fixed-sum levies, this computation shall exclude all fixed-sum	32974
levies that existed in 1998 in the case of the electric company	32975
tax value loss and 1999 in the case of the natural gas company tax	32976
value loss, but are no longer in effect in the tax year preceding	32977
the distribution year. For the purposes of this section, an	32978
emergency levy that existed in 1998 in the case of the electric	32979
company tax value loss, and 1999 in the case of the natural gas	32980
company tax value loss, continues to exist in a year beginning on	32981
or after January 1, 2007, but before January 1, 2017, if, in that	32982
year, the board of education levies a school district emergency	32983
levy for an annual sum at least equal to the annual sum levied by	32984
the board in tax year 1998 or 1999, respectively, less the amount	32985
of the payment certified under this division for 2002.	32986

(2) The total taxable value in tax year 1998 in the case of	32987
the electric company tax value loss and 1999 in the case of the	32988
natural gas company tax value loss in each school district, joint	32989
vocational school district, and local taxing unit multiplied by	32990
one-fourth of one mill.	32991

If the amount computed under division (H) of this section	32992
for any school district, joint vocational school district, or	32993
local taxing unit is greater than zero, that amount shall equal	32994
the fixed-sum levy loss reimbursed pursuant to division (E) of	32995
section 5727.85 of the Revised Code or division (A)(2) of section	32996
5727.86 of the Revised Code, and the one-fourth of one mill that	32997
is subtracted under division (H)(2) of this section shall be	32998
apportioned among all contributing fixed-sum levies in the	32999
proportion of each levy to the sum of all fixed-sum levies within	33000
each school district, joint vocational school district, or local	33001
taxing unit.	33002

(I) Notwithstanding divisions (D), (E), (G), and (H) of	33003
this section, in computing the tax value loss, fixed-rate levy	33004
loss, and fixed-sum levy loss, the tax commissioner shall use the	33005
greater of the 1998 tax rate or the 1999 tax rate in the case of	33006
levy losses associated with the electric company tax value loss,	33007
but the 1999 tax rate shall not include for this purpose any tax	33008
levy approved by the voters after June 30, 1999, and the tax	33009
commissioner shall use the greater of the 1999 or the 2000 tax	33010
rate in the case of levy losses associated with the natural gas	33011
company tax value loss, but the 2000 tax rate shall not include	33012
for this purpose any tax levy approved by the voters after	33013
November 7, 2000.	33014

(J) Not later than January 1, 2002, the tax commissioner	33015
shall certify to the department of education the tax value loss	33016
determined under divisions (D) and (E) of this section for each	33017
taxing district.	33018

Sec. 5727.85.  (A) By the thirty-first day of July of each	33019
year, beginning in 2002 and ending in 2016, the department of	33020
education shall determine the following for each school district	33021
eligible for payment under division (C) of this section:	33022

(1) The state education aid offset, which is the difference	33023
obtained by subtracting the amount described in division (A)(1)(b)	33024
of this section from the amount described in division (A)(1)(a) of	33025
this section:	33026

(a) The state education aid computed for the school district	33027
for the current fiscal year on the basis of the adjusted total	33028
taxable value recognized valuation;	33029

(b) The state education aid that would be computed for the	33030
school district for the current fiscal year if the district's	33031
adjusted total taxable value recognized valuation included the tax	33032
value loss for all taxing districts in the school district.	33033

(2) The difference obtained by subtracting the state	33034
education aid offset determined under division (A)(1) of this	33035
section from the fixed-rate levy loss determined under division	33036
(G) of section 5727.84 of the Revised Code for all taxing	33037
districts in each school district. The department of education	33038
shall certify the amount so determined to the director of budget	33039
and management.	33040

(B) Not later than the thirty-first day of October of the	33041
years 2006 through 2016, the department of education shall	33042
determine all of the following for each school district:	33043

(1) The amount obtained by subtracting the district's state	33044
education aid computed for fiscal year 2002 from the district's	33045
state education aid computed for the current fiscal year;	33046

(2) The inflation-adjusted property tax loss. The	33047
inflation-adjusted property tax loss equals the fixed-rate levy	33048
loss determined under division (G) of section 5727.84 of the	33049
Revised Code for all taxing districts in each school district plus	33050
the product obtained by multiplying that loss by the cumulative	33051
percentage increase in the consumer price index from January 1,	33052
2002, to the thirtieth day of June of the current year.	33053

(3) The difference obtained by subtracting the amount	33054
computed under division (B)(1) from the amount of the	33055
inflation-adjusted property tax loss. If this difference is zero	33056
or a negative number, no further payments shall be made under	33057
division (C) of this section to the school district from the	33058
school district property tax replacement fund. If the difference	33059
is greater than zero, the department of education shall certify	33060
the amount calculated in division (A)(2) of this section to the	33061
director of budget and management not later than the thirty-first	33062
day of December of each year, beginning in 2006 and ending in	33063
2016.	33064

(C) For all taxing districts in each school district, the	33065
director of budget and management shall pay from the school	33066
district property tax replacement fund to the county undivided	33067
income tax fund in the proper county treasury all of the	33068
following:	33069

(1) In February 2002, one-half of the fixed-rate levy loss	33070
certified under division (G) of section 5727.84 of the Revised	33071
Code on or before the day prescribed for the settlement under	33072
division (A) of section 321.24 of the Revised Code.	33073

(2) From August 2002 through August 2006, one-half of the	33074
amount certified for that fiscal year under division (A)(2) of	33075
this section on or before each of the days prescribed for the	33076
settlements under divisions (A) and (C) of section 321.24 of the	33077
Revised Code.	33078

(3) From February 2007 through August 2016, one-half of the	33079
amount certified for that calendar year under division (B)(3) of	33080
this section on or before each of the days prescribed for the	33081
settlements under divisions (A) and (C) of section 321.24 of the	33082
Revised Code.	33083

The county treasurer shall distribute amounts paid under	33084
divisions (C)(1), (2), and (3) of this section to the proper	33085
school district as if they had been levied and collected as taxes,	33086
and the school district shall apportion the amounts so received	33087
among its funds in the same proportions as if those amounts had	33088
been levied and collected as taxes.	33089

(D) Not later than January 1, 2002, for all taxing districts	33090
in each joint vocational school district, the tax commissioner	33091
shall certify to the director of budget and management the	33092
fixed-rate levy loss determined under division (G) of section	33093
5727.84 of the Revised Code. From February 2002 to August 2016,	33094
the director shall pay from the school district property tax	33095
replacement fund to the county undivided income tax fund in the	33096
proper county treasury, one-half of the fixed-rate levy loss so	33097
certified for each year on or before each of the days prescribed	33098
for the settlements under divisions (A) and (C) of section 321.24	33099
of the Revised Code. The county treasurer shall distribute such	33100
amounts to the proper joint vocational school district as if they	33101
had been levied and collected as taxes, and the joint vocational	33102
school district shall apportion the amounts so received among its	33103
funds in the same proportions as if those amounts had been levied	33104
and collected as taxes.	33105

(E)(1) Not later than January 1, 2002, for each fixed-sum	33106
levy levied by each school district or joint vocational school	33107
district and for each year for which a determination is made	33108
under division (H) of section 5727.84 of the Revised Code that a	33109
fixed-sum levy loss is to be reimbursed, the tax commissioner	33110
shall certify to the director of budget and management the	33111
fixed-sum levy loss determined under that division. The	33112
certification shall cover a time period sufficient to include all	33113
fixed-sum levies for which the tax commissioner made such a	33114
determination. The director shall pay from the school district	33115
property tax replacement fund to the county undivided income tax	33116
fund in the proper county treasury one-half of the fixed-sum levy	33117
loss so certified for each year on or before each of the days	33118
prescribed for the settlements under divisions (A) and (C) of	33119
section 321.24 of the Revised Code. The county treasurer shall	33120
distribute the amounts to the proper school district or joint	33121
vocational school district as if they had been levied and	33122
collected as taxes, and the district shall apportion the amounts	33123
so received among its funds in the same proportions as if those	33124
amounts had been levied and collected as taxes.	33125

(2) Beginning in 2003, by the thirty-first day of January of	33126
each year, the tax commissioner shall review the certification	33127
originally made under division (E)(1) of this section. If the	33128
commissioner determines that a fixed-sum levy that had been	33129
scheduled to be reimbursed in the current year has expired, a	33130
revised certification for that and all subsequent years shall be	33131
made to the director of budget and management.	33132

(F) By August 5, 2002, the tax commissioner shall estimate	33133
the amount of money in the school district property tax	33134
replacement fund in excess of the amount necessary to make	33135
payments in that month under divisions (C), (D), and (E) of this	33136
section. Notwithstanding division (C) of this section, the	33137
department of education, in consultation with the tax commissioner	33138
and from those excess funds, may pay any school district four and	33139
one-half times the amount certified under division (A)(2) of this	33140
section. Payments shall be made in order from the smallest annual	33141
loss to the largest annual loss. A payment made under this	33142
division shall be in lieu of the payment to be made in August 2002	33143
under division (C)(2) of this section. No payments shall be made	33144
in the manner established in this division to any school district	33145
with annual losses from permanent improvement fixed-rate levies in	33146
excess of twenty thousand dollars, or annual losses from any other	33147
fixed-rate levies in excess of twenty thousand dollars. A school	33148
district receiving a payment under this division is no longer	33149
entitled to any further payments under division (C) of this	33150
section.	33151

(G) On the thirty-first day of July of 2003, 2004, 2005, and	33152
2006, and on the thirty-first day of January and July of 2007 and	33153
each year thereafter, if the amount credited to the school	33154
district property tax replacement fund exceeds the amount needed	33155
to make payments from the fund under divisions (C), (D), and (E)	33156
of this section in the following month, the director of budget and	33157
management shall distribute the excess among school districts and	33158
joint vocational school districts. The amount distributed to each	33159
district shall bear the same proportion to the excess remaining in	33160
the fund as the ADM of the district bears to the ADM of all of the	33161
districts. For the purpose of this division, "ADM" means the	33162
formula ADM in the case of a school district, and the average	33163
daily membership reported under section 3317.03 of the Revised	33164
Code in the case of a joint vocational school district.	33165

If, in the opinion of the director of budget and management,	33166
the excess remaining in the school district property tax	33167
replacement fund in any year is not sufficient to warrant	33168
distribution under this division, the excess shall remain to the	33169
credit of the fund.	33170

Amounts received by a school district or joint vocational	33171
school district under this division shall be used exclusively for	33172
capital improvements.	33173

(H) If the total amount in the school district property tax	33174
replacement fund is insufficient to make all payments under	33175
divisions (C), (D), and (E) of this section, the payments required	33176
under division (E) of this section shall be made first in their	33177
entirety. After all payments are made under division (E) of this	33178
section, payments under divisions (C) and (D) of this section	33179
shall be made from the balance of money available in the	33180
proportion of each school district's or joint vocational school	33181
district's payment amount to the total amount of payments under	33182
divisions (C) and (D) of this section.	33183

(I) If all or a part of the territory of a school district	33184
or joint vocational school district is merged with or transferred	33185
to another district, the tax commissioner shall adjust the	33186
payments made under this section to each of the districts in	33187
proportion to the tax value loss apportioned to the merged or	33188
transferred territory.	33189

(J) There is hereby created the public utility property tax	33190
study committee, effective January 1, 2011. The committee shall	33191
consist of the following seven members: the tax commissioner,	33192
three members of the senate appointed by the president of the	33193
senate, and three members of the house of representatives	33194
appointed by the speaker of the house of representatives. The	33195
appointments shall be made not later than January 31, 2011. The	33196
tax commissioner shall be the chairperson of the committee.	33197

The committee shall study the extent to which each school	33198
district or joint vocational school district has been compensated,	33199
under sections 5727.84 and 5727.85 of the Revised Code as enacted	33200
by Substitute Senate Bill No. 3 of the 123rd general assembly and	33201
any subsequent acts, for the property tax loss caused by the	33202
reduction in the assessment rates for natural gas, electric, and	33203
rural electric company tangible personal property. Not later than	33204
June 30, 2011, the committee shall issue a report of its findings,	33205
including any recommendations for providing additional	33206
compensation for the property tax loss or regarding remedial	33207
legislation, to the president of the senate and the speaker of the	33208
house of representatives, at which time the committee shall cease	33209
to exist.	33210

The department of taxation and department of education shall	33211
provide such information and assistance as is required for the	33212
committee to carry out its duties.	33213

Sec. 5729.07.  As used in this section:

33214

(A) "Eligible employee" and "eligible training costs" have	33215
the same meanings as in section 5733.42 of the Revised Code.	33216

(B) "Credit period" means the calendar year ending on the	33217
thirty-first day of December next preceding the day the annual	33218
statement is required to be returned under section 5729.02 of the	33219
Revised Code.	33220

There is hereby allowed a nonrefundable credit against the	33221
tax imposed under this chapter for a foreign insurance company for	33222
which a tax credit certificate is issued under section 5733.42 of	33223
the Revised Code. The credit may be claimed for credit periods	33224
beginning on or after January 1, 2001 2003, and ending on or	33225
before December 31, 2003 2005. The amount of the credit shall	33226
equal one-half of the average of the eligible training costs paid	33227
or incurred by the company during the three calendar years	33228
immediately preceding the credit period for which the credit is	33229
claimed, not to exceed one thousand dollars for each eligible	33230
employee on account of whom eligible training costs were paid or	33231
incurred by the company. The credit claimed by a company for each	33232
credit period shall not exceed one hundred thousand dollars.	33233

A foreign insurance company shall apply to the director of	33234
job and family services for a tax credit certificate in the manner	33235
prescribed by division (C) of section 5733.42 of the Revised Code.	33236
Divisions (C) to (H) of that section govern the tax credit allowed	33237
by this section, except that "credit period" shall be substituted	33238
for "tax year with respect to a calendar year" wherever that	33239
phrase appears in those divisions and that the company shall be	33240
considered a taxpayer for the purposes of those divisions.	33241

A foreign insurance company may carry forward the credit	33242
allowed under this section to the extent that the credit exceeds	33243
the company's tax due for the credit period. The company may	33244
carry the excess credit forward for three credit periods following	33245
the credit period for which the credit is first claimed under this	33246
section. The credit allowed by this section is in addition to any	33247
credit allowed under section 5729.031 of the Revised Code.	33248

The reduction in the tax due under this chapter to the extent	33249
of the credit allowed by this section does not increase the amount	33250
of the tax otherwise due under section 5729.06 of the Revised	33251
Code.	33252

Sec. 5733.053.  (A) As used in this section:

33253

(1) "Transfer" means a transaction or series of related	33254
transactions in which a corporation directly or indirectly	33255
transfers or distributes substantially all of its assets or equity	33256
to another corporation, if the transfer or distribution qualifies	33257
for nonrecognition of gain or loss under the Internal Revenue	33258
Code.	33259

(2) "Transferor" means a corporation that has made a	33260
transfer.	33261

(3) "Transferee" means a corporation that received	33262
substantially all of the assets or equity of a transferor in a	33263
transfer.	33264

(B) For Except as provided in division (F) of this section,	33265
for purposes of valuing its issued and outstanding shares of stock	33266
under division (B) of section 5733.05 of the Revised Code, a	33267
transferee shall add to its net income allocated or apportioned to	33268
this state its transferor's net income allocated or apportioned to	33269
this state. The transferee shall add such income in computing its	33270
tax for the same tax year or years that such income would have	33271
been reported by the transferor if the transfer had not been made.	33272
The transferee shall add such income only to the extent the income	33273
is not required to be reported by the transferor for the purposes	33274
of the tax imposed by divisions (A) and (B) of section 5733.06 of	33275
the Revised Code.	33276

(C) The following shall be determined in the same manner as	33277
if the transfer had not been made:	33278

(1) The transferor's net income allocated or apportioned to	33279
this state for the tax year under divisions (B)(1) and (2) of	33280
section 5733.05 of the Revised Code;	33281

(2) The transferor's requirements for the combination of net	33282
income under section 5733.052 of the Revised Code;	33283

(3) Any other determination regarding the transferor that is	33284
necessary to avoid an absurd or unreasonable result in the	33285
application of this chapter.	33286

(D) A transferee shall be allowed the following credits and	33287
shall make the following adjustments in the same manner that they	33288
would have been available to the transferor:	33289

(1) The credits enumerated in section 5733.98 of the	33290
Revised Code;	33291

(2) The deduction under division (I)(1) of section 5733.04	33292
of the Revised Code for net operating losses incurred by its	33293
transferor, subject to the limitations set forth in sections 381	33294
and 382 of the Internal Revenue Code concerning net operating loss	33295
carryovers;	33296

(3) Any other deduction from or addition to net income under	33297
this chapter involving the transferor, the disallowance of which	33298
would be absurd or unreasonable. Such adjustments to net income	33299
and allowance of credits shall be subject to the limitations set	33300
forth in sections 381 and 382 of the Internal Revenue Code and	33301
regulations prescribed thereunder.	33302

(E) If a transferee subject to this section subsequently	33303
becomes a transferor, any net income that the transferee would	33304
have been required to add under division (B) of this section shall	33305
be included in its income as a transferor and any credits or	33306
adjustments to which the transferee would have been entitled	33307
under division (D) of this section shall be available to it as a	33308
transferor.	33309

(F) The amendments made to this section by Am. Sub. S.B.	33310
287 of the 123rd general assembly do not apply to any transfer for	33311
which negotiations began prior to January 1, 2001, and that was	33312
commenced in and completed during calendar year 2001, unless the	33313
transferee makes an election prior to December 31, 2001, to apply	33314
the section.	33315

Sec. 5733.056.  (A) As used in this section:

33316

(1) "Billing address" means the address where any notice,	33317
statement, or bill relating to a customer's account is mailed, as	33318
indicated in the books and records of the taxpayer on the first	33319
day of the taxable year or on such later date in the taxable year	33320
when the customer relationship began.	33321

(2) "Borrower or credit card holder located in this state"	33322
means:	33323

(a) A borrower, other than a credit card holder, that is	33324
engaged in a trade or business and maintains its commercial	33325
domicile in this state; or	33326

(b) A borrower that is not engaged in a trade or business,	33327
or a credit card holder, whose billing address is in this state.	33328

(3) "Branch" means a "domestic branch" as defined in section	33329
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	33330
1813(o), as amended.	33331

(4) "Compensation" means wages, salaries, commissions, and	33332
any other form of remuneration paid to employees for personal	33333
services that are included in such employee's gross income under	33334
the Internal Revenue Code. In the case of employees not subject	33335
to the Internal Revenue Code, such as those employed in foreign	33336
countries, the determination of whether such payments would	33337
constitute gross income to such employees under the Internal	33338
Revenue Code shall be made as though such employees were subject	33339
to the Internal Revenue Code.	33340

(5) "Credit card" means a credit, travel, or entertainment	33341
card.	33342

(6) "Credit card issuer's reimbursement fee" means the fee a	33343
taxpayer receives from a merchant's bank because one of the	33344
persons to whom the taxpayer has issued a credit card has charged	33345
merchandise or services to the credit card.	33346

(7) "Deposits" has the meaning given in section 3 of the	33347
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	33348
as amended.	33349

(8) "Employee" means, with respect to a particular taxpayer,	33350
any individual who under the usual common law rules applicable in	33351
determining the employer-employee relationship, has the status of	33352
an employee of that taxpayer.	33353

(9) "Gross rents" means the actual sum of money or other	33354
consideration payable for the use or possession of property.	33355
"Gross rents" includes:	33356

(a) Any amount payable for the use or possession of real	33357
property or tangible personal property whether designated as a	33358
fixed sum of money or as a percentage of receipts, profits, or	33359
otherwise;	33360

(b) Any amount payable as additional rent or in lieu of	33361
rent, such as interest, taxes, insurance, repairs, or any other	33362
amount required to be paid by the terms of a lease or other	33363
arrangement; and	33364

(c) A proportionate part of the cost of any improvement to	33365
real property made by or on behalf of the taxpayer which reverts	33366
to the owner or lessor upon termination of a lease or other	33367
arrangement. The amount to be included in gross rents is the	33368
amount of amortization or depreciation allowed in computing the	33369
taxable income base for the taxable year. However, where a	33370
building is erected on leased land, by or on behalf of the	33371
taxpayer, the value of the land is determined by multiplying the	33372
gross rent by eight, and the value of the building is determined	33373
in the same manner as if owned by the taxpayer.	33374

(d) The following are not included in the term "gross	33375
rents":	33376

(i) Reasonable amounts payable as separate charges for water	33377
and electric service furnished by the lessor;	33378

(ii) Reasonable amounts payable as service charges for	33379
janitorial services furnished by the lessor;	33380

(iii) Reasonable amounts payable for storage, provided such	33381
amounts are payable for space not designated and not under the	33382
control of the taxpayer; and	33383

(iv) That portion of any rental payment which is applicable	33384
to the space subleased from the taxpayer and not used by it.	33385

(10) "Loan" means any extension of credit resulting from	33386
direct negotiations between the taxpayer and its customer, or the	33387
purchase, in whole or in part, of such extension of credit from	33388
another. Loans include debt obligations of subsidiaries,	33389
participations, syndications, and leases treated as loans for	33390
federal income tax purposes. "Loan" does not include: properties	33391
treated as loans under section 595 of the Internal Revenue Code;	33392
futures or forward contracts; options; notional principal	33393
contracts such as swaps; credit card receivables, including	33394
purchased credit card relationships; non-interest bearing balances	33395
due from depositor institutions; cash items in the process of	33396
collection; federal funds sold; securities purchased under	33397
agreements to resell; assets held in a trading account;	33398
securities; interests in a real estate mortgage investment conduit	33399
or other mortgage-backed or asset-backed security; and other	33400
similar items.	33401

(11) "Loan secured by real property" means that fifty per	33402
cent or more of the aggregate value of the collateral used to	33403
secure a loan or other obligation, when valued at fair market	33404
value as of the time the original loan or obligation was incurred,	33405
was real property.	33406

(12) "Merchant discount" means the fee, or negotiated	33407
discount, charged to a merchant by the taxpayer for the privilege	33408
of participating in a program whereby a credit card is accepted in	33409
payment for merchandise or services sold to the card holder.	33410

(13) "Participation" means an extension of credit in which an	33411
undivided ownership interest is held on a pro rata basis in a	33412
single loan or pool of loans and related collateral. In a loan	33413
participation, the credit originator initially makes the loan and	33414
then subsequently resells all or a portion of it to other lenders.	33415
The participation may or may not be known to the borrower.	33416

(14) "Principal base of operations" with respect to	33417
transportation property means the place of more or less permanent	33418
nature from which the property is regularly directed or	33419
controlled. With respect to an employee, the "principal base of	33420
operations" means the place of more or less permanent nature from	33421
which the employee regularly (a) starts work and to which the	33422
employee customarily returns in order to receive instructions from	33423
the employer or (b) communicates with the employee's customers or	33424
other persons or (c) performs any other functions necessary to the	33425
exercise of the trade or profession at some other point or points.	33426

(15) "Qualified institution" means a financial institution	33427
that on or after June 1, 1997:	33428

(a)(i) Has consummated one or more approved transactions	33429
with insured banks with different home states that would qualify	33430
under section 102 of the "Riegle-Neal Interstate Banking and	33431
Branching Efficiency Act of 1994," Public Law 103-328, 108 stat.	33432
Stat. 2338;	33433

(ii) Is a federal savings association or federal savings	33434
bank that has consummated one or more interstate acquisitions that	33435
result in a financial institution that has branches in more than	33436
one state; or	33437

(iii) Has consummated one or more approved interstate	33438
acquisitions under authority of Title XI of the Revised Code that	33439
result in a financial institution that has branches in more than	33440
one state; and	33441

(b) Has at least ten per cent of its deposits in this state	33442
as of the last day of June prior to the beginning of the tax year.	33443

(16) "Real property owned" and "tangible personal property	33444
owned" mean real and tangible personal property, respectively, on	33445
which the taxpayer may claim depreciation for federal income tax	33446
purposes, or to which the taxpayer holds legal title and on which	33447
no other person may claim depreciation for federal income tax	33448
purposes, or could claim depreciation if subject to federal income	33449
tax. Real and tangible personal property do not include coin,	33450
currency, or property acquired in lieu of or pursuant to a	33451
foreclosure.	33452

(17) "Regular place of business" means an office at which the	33453
taxpayer carries on its business in a regular and systematic	33454
manner and which is continuously maintained, occupied, and used by	33455
employees of the taxpayer.	33456

(18) "State" means a state of the United States, the District	33457
of Columbia, the commonwealth of Puerto Rico, or any territory or	33458
possession of the United States.	33459

(19) "Syndication" means an extension of credit in which two	33460
or more persons fund and each person is at risk only up to a	33461
specified percentage of the total extension of credit or up to a	33462
specified dollar amount.	33463

(20) "Transportation property" means vehicles and vessels	33464
capable of moving under their own power, such as aircraft, trains,	33465
water vessels and motor vehicles, as well as any equipment or	33466
containers attached to such property, such as rolling stock,	33467
barges, trailers, or the like.	33468

(B) The annual financial institution report determines the	33469
value of the issued and outstanding shares of stock of the	33470
taxpayer, and is the base or measure of the franchise tax	33471
liability. Such determination shall be made as of the date shown	33472
by the report to have been the beginning of the financial	33473
institution's annual accounting period that includes the first day	33474
of January of the tax year. For purposes of this section,	33475
division (A) of section 5733.05, and division (D) of section	33476
5733.06 of the Revised Code, the value of the issued and	33477
outstanding shares of stock of the financial institution shall	33478
include the total value, as shown by the books of the financial	33479
institution, of its capital, surplus, whether earned or unearned,	33480
undivided profits, and reserves, but exclusive of:	33481

(1) Reserves for accounts receivable, depreciation,	33482
depletion, and any other valuation reserves with respect to	33483
specific assets;	33484

(2) Taxes due and payable during the year for which such	33485
report was made;	33486

(3) Voting stock and participation certificates in	33487
corporations chartered pursuant to the "Farm Credit Act of 1971,"	33488
85 Stat. 597, 12 U.S.C. 2091, as amended;	33489

(4) Good will, appreciation, and abandoned property as set	33490
up in the annual report of the financial institution, provided a	33491
certified balance sheet of the company is made available upon the	33492
request of the tax commissioner. Such balance sheet shall not be	33493
a part of the public records, but shall be a confidential report	33494
for use of the tax commissioner only.	33495

(5) A portion of the value of the issued and outstanding	33496
shares of stock of such financial institution equal to the amount	33497
obtained by multiplying such value by the quotient obtained by:	33498

(a) Dividing (1) the amount of the financial institution's	33499
assets, as shown on its books, represented by investments in the	33500
capital stock and indebtedness of public utilities of which at	33501
least eighty per cent of the utility's issued and outstanding	33502
common stock is owned by the financial institution by (2) the	33503
total assets of such financial institution as shown on its books;	33504

(b) Dividing (1) the amount of the financial institution's	33505
assets, as shown on its books, represented by investments in the	33506
capital stock and indebtedness of insurance companies of which at	33507
least eighty per cent of the insurance company's issued and	33508
outstanding common stock is owned by the financial institution by	33509
(2) the total assets of such financial institution as shown on its	33510
books;	33511

(c) Dividing (1) the amount of the financial institution's	33512
assets, as shown on its books, represented by investments in the	33513
capital stock and indebtedness of other financial institutions of	33514
which at least twenty-five per cent of the other financial	33515
institution's issued and outstanding common stock is owned by the	33516
financial institution by (2) the total assets of the financial	33517
institution as shown on its books. Division (B)(5)(c) of this	33518
section applies only with respect to such other financial	33519
institutions that for the tax year immediately following the	33520
taxpayer's taxable year will pay the tax imposed by division (D)	33521
of section 5733.06 of the Revised Code.	33522

(6) Land that has been determined pursuant to section	33523
5713.31 of the Revised Code by the county auditor of the county in	33524
which the land is located to be devoted exclusively to	33525
agricultural use as of the first Monday of June in the financial	33526
institution's taxable year.	33527

(7) Property within this state used exclusively during the	33528
taxable year for qualified research as defined in section 5733.05	33529
of the Revised Code.	33530

(C) The base upon which the tax levied under division (D) of	33531
section 5733.06 of the Revised Code shall be computed by	33532
multiplying the value of a financial institution's issued and	33533
outstanding shares of stock as determined in division (B) of this	33534
section by a fraction. The numerator of the fraction is the sum	33535
of the following: the property factor multiplied by fifteen, the	33536
payroll factor multiplied by fifteen, and the sales factor	33537
multiplied by seventy. The denominator of the fraction is one	33538
hundred, provided that the denominator shall be reduced by fifteen	33539
if the property factor has a denominator of zero, by fifteen if	33540
the payroll factor has a denominator of zero, and by seventy if	33541
the sales factor has a denominator of zero.	33542

(D) A financial institution shall calculate the property	33543
factor as follows:	33544

(1) The property factor is a fraction, the numerator of	33545
which is the average value of real property and tangible personal	33546
property rented to the taxpayer that is located or used within	33547
this state during the taxable year, the average value of real and	33548
tangible personal property owned by the taxpayer that is located	33549
or used within this state during the taxable year, and the average	33550
value of the taxpayer's loans and credit card receivables that are	33551
located within this state during the taxable year; and the	33552
denominator of which is the average value of all such property	33553
located or used within and without this state during the taxable	33554
year.	33555

(2)(a) The value of real property and tangible personal	33556
property owned by the taxpayer is the original cost or other basis	33557
of such property for federal income tax purposes without regard to	33558
depletion, depreciation, or amortization.	33559

(b) Loans are valued at their outstanding principal balance,	33560
without regard to any reserve for bad debts. If a loan is	33561
charged-off in whole or in part for federal income tax purposes,	33562
the portion of the loan charged-off is not outstanding. A	33563
specifically allocated reserve established pursuant to financial	33564
accounting guidelines which is treated as charged-off for federal	33565
income tax purposes shall be treated as charged-off for purposes	33566
of this section.	33567

(c) Credit card receivables are valued at their outstanding	33568
principal balance, without regard to any reserve for bad debts.	33569
If a credit card receivable is charged-off in whole or in part for	33570
federal income tax purposes, the portion of the receivable	33571
charged-off is not outstanding.	33572

(3) The average value of property owned by the taxpayer is	33573
computed on an annual basis by adding the value of the property on	33574
the first day of the taxable year and the value on the last day of	33575
the taxable year and dividing the sum by two. If averaging on	33576
this basis does not properly reflect average value, the tax	33577
commissioner may require averaging on a more frequent basis. The	33578
taxpayer may elect to average on a more frequent basis. When	33579
averaging on a more frequent basis is required by the tax	33580
commissioner or is elected by the taxpayer, the same method of	33581
valuation must be used consistently by the taxpayer with respect	33582
to property within and without this state and on all subsequent	33583
returns unless the taxpayer receives prior permission from the tax	33584
commissioner or the tax commissioner requires a different method	33585
of determining value.	33586

(4)(a) The average value of real property and tangible	33587
personal property that the taxpayer has rented from another and is	33588
not treated as property owned by the taxpayer for federal income	33589
tax purposes, shall be determined annually by multiplying the	33590
gross rents payable during the taxable year by eight.	33591

(b) Where the use of the general method described in	33592
division (D)(4)(a) of this section results in inaccurate	33593
valuations of rented property, any other method which properly	33594
reflects the value may be adopted by the tax commissioner or by	33595
the taxpayer when approved in writing by the tax commissioner.	33596
Once approved, such other method of valuation must be used on all	33597
subsequent returns unless the taxpayer receives prior approval	33598
from the tax commissioner or the tax commissioner requires a	33599
different method of valuation.	33600

(5)(a) Except as described in division (D)(5)(b) of this	33601
section, real property and tangible personal property owned by or	33602
rented to the taxpayer is considered to be located within this	33603
state if it is physically located, situated, or used within this	33604
state.	33605

(b) Transportation property is included in the numerator of	33606
the property factor to the extent that the property is used in	33607
this state. The extent an aircraft will be deemed to be used in	33608
this state and the amount of value that is to be included in the	33609
numerator of this state's property factor is determined by	33610
multiplying the average value of the aircraft by a fraction, the	33611
numerator of which is the number of landings of the aircraft in	33612
this state and the denominator of which is the total number of	33613
landings of the aircraft everywhere. If the extent of the use of	33614
any transportation property within this state cannot be	33615
determined, then the property will be deemed to be used wholly in	33616
the state in which the property has its principal base of	33617
operations. A motor vehicle will be deemed to be used wholly in	33618
the state in which it is registered.	33619

(6)(a)(i) A loan, other than a loan or advance described in	33620
division (D)(6)(d) of this section, is considered to be located	33621
within this state if it is properly assigned to a regular place of	33622
business of the taxpayer within this state.	33623

(ii) A loan is properly assigned to the regular place of	33624
business with which it has a preponderance of substantive	33625
contacts. A loan assigned by the taxpayer to a regular place of	33626
business without the state shall be presumed to have been properly	33627
assigned if:	33628

(I) The taxpayer has assigned, in the regular course of its	33629
business, such loan on its records to a regular place of business	33630
consistent with federal or state regulatory requirements;	33631

(II) Such assignment on its records is based upon	33632
substantive contacts of the load to such regular place of	33633
business; and	33634

(III) The taxpayer uses the records reflecting assignment of	33635
loans for the filing of all state and local tax returns for which	33636
an assignment of loans to a regular place of business is required.	33637

(iii) The presumption of proper assignment of a loan	33638
provided in division (D)(6)(a)(ii) of this section may be rebutted	33639
upon a showing by the tax commissioner, supported by a	33640
preponderance of the evidence, that the preponderance of	33641
substantive contacts regarding such loan did not occur at the	33642
regular place of business to which it was assigned on the	33643
taxpayer's records. When such presumption has been rebutted, the	33644
loan shall then be located within this state if (1) the taxpayer	33645
had a regular place of business within this state at the time the	33646
loan was made; and (2) the taxpayer fails to show, by a	33647
preponderance of the evidence, that the preponderance of	33648
substantive contacts regarding such load did not occur within this	33649
state.	33650

(b) In the case of a loan which is assigned by the taxpayer	33651
to a place without this state which is not a regular place of	33652
business, it shall be presumed, subject to rebuttal by the	33653
taxpayer on a showing supported by the preponderance of evidence,	33654
that the preponderance of substantive contacts regarding the loan	33655
occurred within this state if, at the time the loan was made the	33656
taxpayer's commercial domicile was within this state.	33657

(c) To determine the state in which the preponderance of	33658
substantive contacts relating to a loan have occurred, the facts	33659
and circumstances regarding the loan at issue shall be reviewed on	33660
a case-by-case basis and consideration shall be given to such	33661
activities as the solicitation, investigation, negotiation,	33662
approval, and administration of the loan. The terms	33663
"solicitation," "investigation," "negotiation," "approval," and	33664
"administration" are defined as follows:	33665

(i) "Solicitation" is either active or passive. Active	33666
solicitation occurs when an employee of the taxpayer initiates the	33667
contact with the customer. Such activity is located at the	33668
regular place of business which the taxpayer's employee is	33669
regularly connected with or working out of, regardless of where	33670
the services of such employee were actually performed. Passive	33671
solicitation occurs when the customer initiates the contact with	33672
the taxpayer. If the customer's initial contact was not at a	33673
regular place of business of the taxpayer, the regular place of	33674
business, if any, where the passive solicitation occurred is	33675
determined by the facts in each case.	33676

(ii) "Investigation" is the procedure whereby employees of	33677
the taxpayer determine the creditworthiness of the customer as	33678
well as the degree of risk involved in making a particular	33679
agreement. Such activity is located at the regular place of	33680
business which the taxpayer's employees are regularly connected	33681
with or working out of, regardless of where the services of such	33682
employees were actually performed.	33683

(iii) Negotiation is the procedure whereby employees of the	33684
taxpayer and its customer determine the terms of the agreement,	33685
such as the amount, duration, interest rate, frequency of	33686
repayment, currency denomination, and security required. Such	33687
activity is located at the regular place of business to which the	33688
taxpayer's employees are regularly connected or working from,	33689
regardless of where the services of such employees were actually	33690
performed.	33691

(iv) "Approval" is the procedure whereby employees or the	33692
board of directors of the taxpayer make the final determination	33693
whether to enter into the agreement. Such activity is located at	33694
the regular place of business to which the taxpayer's employees	33695
are regularly connected or working from, regardless of where the	33696
services of such employees were actually performed. If the board	33697
of directors makes the final determination, such activity is	33698
located at the commercial domicile of the taxpayer.	33699

(v) "Administration" is the process of managing the account.	33700
This process includes bookkeeping, collecting the payments,	33701
corresponding with the customer, reporting to management regarding	33702
the status of the agreement, and proceeding against the borrower	33703
or the security interest if the borrower is in default. Such	33704
activity is located at the regular place of business that oversees	33705
this activity.	33706

(d) A loan or advance to a subsidiary corporation at least	33707
fifty-one per cent of whose common stock is owned by the financial	33708
institution shall be allocated in and out of the state by the	33709
application of a ratio whose numerator is the sum of the net book	33710
value of the subsidiary's real property owned in this state and	33711
the subsidiary's tangible personal property owned in this state	33712
and whose denominator is the sum of the subsidiary's real property	33713
owned wherever located and the subsidiary's tangible personal	33714
property owned wherever located. For purposes of calculating this	33715
ratio, the taxpayer shall determine net book value in accordance	33716
with generally accepted accounting principles. If the subsidiary	33717
corporation owns at least fifty-one per cent of the common stock	33718
of another corporation, the ratio shall be calculated by including	33719
the other corporation's real property and tangible personal	33720
property. The calculation of the ratio applies with respect to	33721
all lower-tiered subsidiaries, provided that the immediate parent	33722
corporation of the subsidiary owns at least fifty-one per cent of	33723
the common stock of that subsidiary.	33724

(7) For purposes of determining the location of credit card	33725
receivables, credit card receivables shall be treated as loans and	33726
shall be subject to division (D)(6) of this section.	33727

(8) A loan that has been properly assigned to a state shall,	33728
absent any change of material fact, remain assigned to that state	33729
for the length of the original term of the loan. Thereafter, the	33730
loan may be properly assigned to another state if the loan has a	33731
preponderance of substantive contact to a regular place of	33732
business there.	33733

(E) A financial institution shall calculate the payroll	33734
factor as follows:	33735

(1) The payroll factor is a fraction, the numerator of which	33736
is the total amount paid in this state during the taxable year by	33737
the taxpayer for compensation, and the denominator of which is the	33738
total compensation paid both within and without this state during	33739
the taxable year.	33740

(2) Compensation is paid in this state if any one of the	33741
following tests, applied consecutively, is met:	33742

(a) The employee's services are performed entirely within	33743
this state.	33744

(b) The employee's services are performed both within and	33745
without this state, but the service performed without this state	33746
is incidental to the employee's service within this state. The	33747
term "incidental" means any service which is temporary or	33748
transitory in nature, or which is rendered in connection with an	33749
isolated transaction.	33750

(c) The employee's services are performed both within and	33751
without this state, and:	33752

(i) The employee's principal base of operations is within	33753
this state; or	33754

(ii) There is no principal base of operations in any state	33755
in which some part of the services are performed, but the place	33756
from which the services are directed or controlled is in this	33757
state; or	33758

(iii) The principal base of operations and the place from	33759
which the services are directed or controlled are not in any state	33760
in which some part of the service is performed but the employee's	33761
residence is in this state.	33762

(F) A financial institution shall calculate the sales factor	33763
as follows:	33764

(1) The sales factor is a fraction, the numerator of which	33765
is the receipts of the taxpayer in this state during the taxable	33766
year and the denominator of which is the receipts of the taxpayer	33767
within and without this state during the taxable year. The method	33768
of calculating receipts for purposes of the denominator is the	33769
same as the method used in determining receipts for purposes of	33770
the numerator.	33771

(2) The numerator of the sales factor includes receipts from	33772
the lease or rental of real property owned by the taxpayer if the	33773
property is located within this state, or receipts from the	33774
sublease of real property if the property is located within this	33775
state.	33776

(3)(a) Except as described in division (F)(3)(b) of this	33777
section the numerator of the sales factor includes receipts from	33778
the lease or rental of tangible personal property owned by the	33779
taxpayer if the property is located within this state when it is	33780
first placed in service by the lessee.	33781

(b) Receipts from the lease or rental of transportation	33782
property owned by the taxpayer are included in the numerator of	33783
the sales factor to the extent that the property is used in this	33784
state. The extent an aircraft will be deemed to be used in this	33785
state and the amount of receipts that is to be included in the	33786
numerator of this state's sales factor is determined by	33787
multiplying all the receipts from the lease or rental of the	33788
aircraft by a fraction, the numerator of which is the number of	33789
landings of the aircraft in this state and the denominator of	33790
which is the total number of landings of the aircraft. If the	33791
extent of the use of any transportation property within this state	33792
cannot be determined, then the property will be deemed to be used	33793
wholly in the state in which the property has its principal base	33794
of operations. A motor vehicle will be deemed to be used wholly	33795
in the state in which it is registered.	33796

(4)(a) The numerator of the sales factor includes interest	33797
and fees or penalties in the nature of interest from loans secured	33798
by real property if the property is located within this state. If	33799
the property is located both within this state and one or more	33800
other states, the receipts described in this paragraph are	33801
included in the numerator of the sales factor if more than fifty	33802
per cent of the fair market value of the real property is located	33803
within this state. If more than fifty per cent of the fair market	33804
value of the real property is not located within any one state,	33805
then the receipts described in this paragraph shall be included in	33806
the numerator of the sales factor if the borrower is located in	33807
this state.	33808

(b) The determination of whether the real property securing	33809
a loan is located within this state shall be made as of the time	33810
the original agreement was made and any and all subsequent	33811
substitutions of collateral shall be disregarded.	33812

(5) The numerator of the sales factor includes interest and	33813
fees or penalties in the nature of interest from loans not secured	33814
by real property if the borrower is located in this state.	33815

(6) The numerator of the sales factor includes net gains	33816
from the sale of loans. Net gains from the sale of loans includes	33817
income recorded under the coupon stripping rules of section 1286	33818
of the Internal Revenue Code.	33819

(a) The amount of net gains, but not less than zero, from	33820
the sale of loans secured by real property included in the	33821
numerator is determined by multiplying such net gains by a	33822
fraction the numerator of which is the amount included in the	33823
numerator of the sales factor pursuant to division (F)(4) of this	33824
section and the denominator of which is the total amount of	33825
interest and fees or penalties in the nature of interest from	33826
loans secured by real property.	33827

(b) The amount of net gains, but not less than zero, from	33828
the sale of loans not secured by real property included in the	33829
numerator is determined by multiplying such net gains by a	33830
fraction the numerator of which is the amount included in the	33831
numerator of the sales factor pursuant to division (F)(5) of this	33832
section and the denominator of which is the total amount of	33833
interest and fees or penalties in the nature of interest from	33834
loans not secured by real property.	33835

(7) The numerator of the sales factor includes interest and	33836
fees or penalties in the nature of interest from credit card	33837
receivables and receipts from fees charged to card holders, such	33838
as annual fees, if the billing address of the card holder is in	33839
this state.	33840

(8) The numerator of the sales factor includes net gains,	33841
but not less than zero, from the sale of credit card receivables	33842
multiplied by a fraction, the numerator of which is the amount	33843
included in the numerator of the sales factor pursuant to division	33844
(F)(7) of this section and the denominator of which is the	33845
taxpayer's total amount of interest and fees or penalties in the	33846
nature of interest from credit card receivables and fees charged	33847
to card holders.	33848

(9) The numerator of the sales factor includes all credit	33849
card issuer's reimbursement fees multiplied by a fraction, the	33850
numerator of which is the amount included in the numerator of the	33851
sales factor pursuant to division (F)(7) of this section and the	33852
denominator of which is the taxpayer's total amount of interest	33853
and fees or penalties in the nature of interest from credit card	33854
receivables and fees charged to card holders.	33855

(10) The numerator of the sales factor includes receipts	33856
from merchant discount if the commercial domicile of the merchant	33857
is in this state. Such receipts shall be computed net of any card	33858
holder charge backs, but shall not be reduced by any interchange	33859
transaction fees or by any issuer's reimbursement fees paid to	33860
another for charges made by its card holders.	33861

(11)(a)(i) The numerator of the sales factor includes loan	33862
servicing fees derived from loans secured by real property	33863
multiplied by a fraction the numerator of which is the amount	33864
included in the numerator of the sales factor pursuant to division	33865
(F)(4) of this section and the denominator of which is the total	33866
amount of interest and fees or penalties in the nature of interest	33867
from loans secured by real property.	33868

(ii) The numerator of the sales factor includes loan	33869
servicing fees derived from loans not secured by real property	33870
multiplied by a fraction the numerator of which is the amount	33871
included in the numerator of the sales factor pursuant to division	33872
(F)(5) of this section and the denominator of which is the total	33873
amount of interest and fees or penalties in the nature of interest	33874
from loans not secured by real property.	33875

(b) In circumstances in which the taxpayer receives loan	33876
servicing fees for servicing either the secured or the unsecured	33877
loans of another, the numerator of the sales factor shall include	33878
such fees if the borrower is located in this state.	33879

(12) The numerator of the sales factor includes receipts	33880
from services not otherwise apportioned under this section if the	33881
service is performed in this state. If the service is performed	33882
both within and without this state, the numerator of the sales	33883
factor includes receipts from services not otherwise apportioned	33884
under this section, if a greater proportion of the income	33885
producing activity is performed in this state based on cost of	33886
performance.	33887

(13)(a) Interest, dividends, net gains, but not less than	33888
zero, and other income from investment assets and activities and	33889
from trading assets and activities shall be included in the sales	33890
factor. Investment assets and activities and trading assets and	33891
activities include but are not limited to: investment securities;	33892
trading account assets; federal funds; securities purchased and	33893
sold under agreements to resell or repurchase; options; futures	33894
contracts; forward contracts; notional principal contracts such as	33895
swaps; equities; and foreign currency transactions. With respect	33896
to the investment and trading assets and activities described in	33897
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	33898
shall include the amounts described in such divisions.	33899

(i) The sales factor shall include the amount by which	33900
interest from federal funds sold and securities purchased under	33901
resale agreements exceeds interest expense on federal funds	33902
purchased and securities sold under repurchase agreements.	33903

(ii) The sales factor shall include the amount by which	33904
interest, dividends, gains, and other income from trading assets	33905
and activities, including, but not limited to, assets and	33906
activities in the matched book, in the arbitrage book, and foreign	33907
currency transactions, exceed amounts paid in lieu of interest,	33908
amounts paid in lieu of dividends, and losses from such assets and	33909
activities.	33910

(b) The numerator of the sales factor includes interest,	33911
dividends, net gains, but not less than zero, and other income	33912
from investment assets and activities and from trading assets and	33913
activities described in division (F)(13)(a) of this section that	33914
are attributable to this state.	33915

(i) The amount of interest, other than interest described in	33916
division (F)(13)(b)(iv) of this section, dividends, other than	33917
dividends described in that division, net gains, but not less than	33918
zero, and other income from investment assets and activities in	33919
the investment account to be attributed to this state and included	33920
in the numerator is determined by multiplying all such income from	33921
such assets and activities by a fraction, the numerator of which	33922
is the average value of such assets which are properly assigned to	33923
a regular place of business of the taxpayer within this state and	33924
the denominator of which is the average value of all such assets.	33925

(ii) The amount of interest from federal funds sold and	33926
purchased and from securities purchased under resale agreements	33927
and securities sold under repurchase agreements attributable to	33928
this state and included in the numerator is determined by	33929
multiplying the amount described in division (F)(13)(a)(i) of this	33930
section from such funds and such securities by a fraction, the	33931
numerator of which is the average value of federal funds sold and	33932
securities purchased under agreements to resell which are properly	33933
assigned to a regular place of business of the taxpayer within	33934
this state and the denominator of which is the average value of	33935
all such funds and such securities.	33936

(iii) The amount of interest, dividends, gains, and other	33937
income from trading assets and activities, including but not	33938
limited to assets and activities in the matched book, in the	33939
arbitrage book, and foreign currency transaction, but excluding	33940
amounts described in division (F)(13)(b)(i) or (ii) of this	33941
section, attributable to this state and included in the numerator	33942
is determined by multiplying the amount described in division	33943
(F)(13)(a)(ii) of this section by a fraction, the numerator of	33944
which is the average value of such trading assets which are	33945
properly assigned to a regular place of business of the taxpayer	33946
within this state and the denominator of which is the average	33947
value of all such assets.	33948

(iv) The amount of dividends received on the capital stock	33949
of, and the amount of interest received from loans and advances	33950
to, subsidiary corporations at least fifty-one per cent of whose	33951
common stock is owned by the reporting financial institution shall	33952
be allocated in and out of this state by the application of a	33953
ratio whose numerator is the sum of the net book value of the	33954
payor's real property owned in this state and the payor's tangible	33955
personal property owned in this state and whose denominator is the	33956
sum of the net book value of the payor's real property owned	33957
wherever located and the payor's tangible personal property owned	33958
wherever located. For purposes of calculating this ratio, the	33959
taxpayer shall determine net book value in accordance with	33960
generally accepted accounting principles.	33961

(v) For purposes of this division, average value shall be	33962
determined using the rules for determining the average value of	33963
tangible personal property set forth in division (D)(2) and (3) of	33964
this section.	33965

(c) In lieu of using the method set forth in division	33966
(F)(13)(b) of this section, the taxpayer may elect, or the tax	33967
commissioner may require in order to fairly represent the business	33968
activity of the taxpayer in this state, the use of the method set	33969
forth in division (F)(13)(c) of this section.	33970

(i) The amount of interest, other than interest described in	33971
division (F)(13)(b)(iv) of this section, dividends, other than	33972
dividends described in that division, net gains, but not less than	33973
zero, and other income from investment assets and activities in	33974
the investment account to be attributed to this state and included	33975
in the numerator is determined by multiplying all such income from	33976
such assets and activities by a fraction, the numerator of which	33977
is the gross income from such assets and activities which are	33978
properly assigned to a regular place of business of the taxpayer	33979
within this state, and the denominator of which is the gross	33980
income from all such assets and activities.	33981

(ii) The amount of interest from federal funds sold and	33982
purchased and from securities purchased under resale agreements	33983
and securities sold under repurchase agreements attributable to	33984
this state and included in the numerator is determined by	33985
multiplying the amount described in division (F)(13)(a)(i) of this	33986
section from such funds and such securities by a fraction, the	33987
numerator of which is the gross income from such funds and such	33988
securities which are properly assigned to a regular place of	33989
business of the taxpayer within this state and the denominator of	33990
which is the gross income from all such funds and such securities.	33991

(iii) The amount of interest, dividends, gains, and other	33992
income from trading assets and activities, including, but not	33993
limited to, assets and activities in the matched book, in the	33994
arbitrage book, and foreign currency transactions, but excluding	33995
amounts described in division (F)(13)(a)(i) or (ii) of this	33996
section, attributable to this state and included in the numerator,	33997
is determined by multiplying the amount described in division	33998
(F)(13)(a)(ii) of this section by a fraction, the numerator of	33999
which is the gross income from such trading assets and activities	34000
which are properly assigned to a regular place of business of the	34001
taxpayer within this state and the denominator of which is the	34002
gross income from all such assets and activities.	34003

(iv) The amount of dividends received on the capital stock	34004
of, and the amount of interest received from loans and advances	34005
to, subsidiary corporations at least fifty-one per cent of whose	34006
common stock is owned by the reporting financial institution shall	34007
be allocated in and out of this state by the application of a	34008
ratio whose numerator is the sum of the net book value of the	34009
payor's real property owned in this state and the payor's tangible	34010
personal property owned in this state and whose denominator is the	34011
sum of the payor's real property owned wherever located and the	34012
payor's tangible personal property owned wherever located. For	34013
purposes of calculating this ratio, the taxpayer shall determine	34014
net book value in accordance with generally accepted accounting	34015
principles.	34016

(d) If the taxpayer elects or is required by the tax	34017
commissioner to use the method set forth in division (F)(13)(c) of	34018
this section, it shall use this method on all subsequent returns	34019
unless the taxpayer receives prior permission from the tax	34020
commissioner to use or the tax commissioner requires a different	34021
method.	34022

(e) The taxpayer shall have the burden of proving that an	34023
investment asset or activity or trading asset or activity was	34024
properly assigned to a regular place of business outside of this	34025
state by demonstrating that the day-to-day decisions regarding the	34026
asset or activity occurred at a regular place of business outside	34027
this state. Where the day-to-day decisions regarding an	34028
investment asset or activity or trading asset or activity occur at	34029
more than one regular place of business and one such regular place	34030
of business is in this state and one such regular place of	34031
business is outside this state such asset or activity shall be	34032
considered to be located at the regular place of business of the	34033
taxpayer where the investment or trading policies or guidelines	34034
with respect to the asset or activity are established. Unless the	34035
taxpayer demonstrates to the contrary, such policies and	34036
guidelines shall be presumed to be established at the commercial	34037
domicile of the taxpayer.	34038

(14) The numerator of the sales factor includes all other	34039
receipts if either:	34040

(a) The income-producing activity is performed solely in	34041
this state; or	34042

(b) The income-producing activity is performed both within	34043
and without this state and a greater proportion of the	34044
income-producing activity is performed within this state than in	34045
any other state, based on costs of performance.	34046

(G) A qualified institution may calculate the base upon	34047
which the fee provided for in division (D) of section 5733.06 (D)	34048
of the revised code Revised Code is determined for each of the tax	34049
years 1998, 1999, 2000, and 2001, 2002, and 2003 by multiplying	34050
the value of its issued and outstanding shares of stock determined	34051
under division (B) of this section by a single deposits fraction	34052
whose numerator is the deposits assigned to branches in this state	34053
and whose denominator is the deposits assigned to branches	34054
everywhere. Deposits shall be assigned to branches in the same	34055
manner in which the assignment is made for regulatory purposes. If	34056
the base calculated under this division is less than the base	34057
calculated under division (C) of this section, then the qualifying	34058
institution may elect to substitute the base calculated under this	34059
division for the base calculated under division (C) of this	34060
section. Such election may be made annually for each of the tax	34061
years 1998, 1999, 2000, and 2001, 2002, and 2003 on the corporate	34062
report. The election need not accompany the report; rather, the	34063
election may accompany a subsequently filed but timely application	34064
for refund, a subsequently filed but timely amended report, or a	34065
subsequently filed but timely petition for reassessment. The	34066
election is not irrevocable and it applies only to the specified	34067
tax year. Nothing in this division shall be construed to extend	34068
any statute of limitations set forth in this chapter	34069

(H) If the apportionment provisions of this section do not	34070
fairly represent the extent of the taxpayer's business activity in	34071
this state, the taxpayer may petition for or the tax commissioner	34072
may require, in respect to all or any part of the taxpayer's	34073
business activity, if reasonable:	34074

(1) Separate accounting;

34075

(2) The exclusion of any one or more of the factors;

34076

(3) The inclusion of one or more additional factors which	34077
will fairly represent the taxpayer's business activity in this	34078
state; or	34079

(4) The employment of any other method to effectuate an	34080
equitable allocation and apportionment of the taxpayer's value.	34081

Sec. 5733.06.  The tax hereby charged each corporation	34082
subject to this chapter shall be the greater of the sum of	34083
divisions (A) and (B) of this section, after the reduction, if	34084
any, provided by division (J) of this section, or division (C) of	34085
this section, after the reduction, if any, provided by division	34086
(J) of this section, except that the tax hereby charged each	34087
financial institution subject to this chapter shall be the amount	34088
computed under division (D) of this section:	34089

(A) Except as set forth in division (F) of this section,	34090
five and one-tenth per cent upon the first fifty thousand dollars	34091
of the value of the taxpayer's issued and outstanding shares of	34092
stock as determined under division (B) of section 5733.05 of the	34093
Revised Code;	34094

(B) Except as set forth in division (F) of this section,	34095
eight and one-half per cent upon the value so determined in excess	34096
of fifty thousand dollars; or	34097

(C) Except as otherwise provided under division (G) of this	34098
section, four mills times that portion of the value of the issued	34099
and outstanding shares of stock as determined under division (C)	34100
of section 5733.05 of the Revised Code. For the purposes of	34101
division (C) of this section, division (C)(2) of section 5733.065,	34102
and division (C) of section 5733.066 of the Revised Code, the	34103
value of the issued and outstanding shares of stock of a qualified	34104
holding company is zero.	34105

(D) The tax charged each financial institution subject to	34106
this chapter shall be that portion of the value of the issued and	34107
outstanding shares of stock as determined under division (A) of	34108
section 5733.05 of the Revised Code, multiplied by the following	34109
amounts:	34110

(1) For tax years prior to the 1999 tax year, fifteen mills;

34111

(2) For the 1999 tax year, fourteen mills;

34112

(3) For tax year 2000 and thereafter, thirteen mills.

34113

(E) No tax shall be charged from any corporation that has	34114
been adjudicated bankrupt, or for which a receiver has been	34115
appointed, or that has made a general assignment for the benefit	34116
of creditors, except for the portion of the then current tax year	34117
during which the tax commissioner finds such corporation had the	34118
power to exercise its corporate franchise unimpaired by such	34119
proceedings or act. The minimum payment for all corporations	34120
shall be fifty dollars.	34121

The tax charged to corporations under this chapter for the	34122
privilege of engaging in business in this state, which is an	34123
excise tax levied on the value of the issued and outstanding	34124
shares of stock, shall in no manner be construed as prohibiting or	34125
otherwise limiting the powers of municipal corporations, joint	34126
economic development zones created under section 715.691 of the	34127
Revised Code, and joint economic development districts created	34128
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	34129
Revised Code in this state to impose an income tax on the income	34130
of such corporations.	34131

(F) If two or more taxpayers satisfy the ownership or	34132
control requirements of division (A) of section 5733.052 of the	34133
Revised Code, each such taxpayer shall substitute "the taxpayer's	34134
pro-rata amount" for "fifty thousand dollars" in divisions (A) and	34135
(B) of this section. For purposes of this division, "the	34136
taxpayer's pro-rata amount" is an amount that, when added to the	34137
other such taxpayers' pro-rata amounts, does not exceed fifty	34138
thousand dollars. For the purpose of making that computation, the	34139
taxpayer's pro-rata amount shall not be less than zero. Nothing	34140
in this division derogates from or eliminates the requirement to	34141
make the alternative computation of tax under division (C) of this	34142
section.	34143

(G) The tax liability of any corporation under division (C)	34144
of this section shall not exceed one hundred fifty thousand	34145
dollars.	34146

(H)(1) For the purposes of division (H) of this section,	34147
"exiting corporation" means a corporation that satisfies all of	34148
the following conditions:	34149

(a) The corporation had nexus with or in this state under	34150
the Constitution of the United States during any portion of a	34151
calendar year;	34152

(b) The corporation was not a corporation described in	34153
division (A) of section 5733.01 of the Revised Code on the first	34154
day of January immediately following that calendar year;	34155

(c) The corporation was not a financial institution on the	34156
first day of January immediately following that calendar year;	34157

(d) If the corporation was a transferor as defined in	34158
section 5733.053 of the Revised Code, the corporation's transferee	34159
was not required to add to the transferee's net income the income	34160
of the transferor pursuant to division (B) of that section;	34161

(e) During any portion of that calendar year, or any portion	34162
of the immediately preceding calendar year, the corporation had	34163
net income that was not included in a report filed by the	34164
corporation or its transferee pursuant to section 5733.02,	34165
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	34166

(f) The corporation would have been subject to the tax	34167
computed under divisions (A), (B), (C), (F), and (G) of this	34168
section if the corporation is assumed to be a corporation	34169
described in division (A) of section 5733.01 of the Revised Code	34170
on the first day of January immediately following the calendar	34171
year to which division (H)(1)(a) of this section refers.	34172

(2) For the purposes of division (H) of this section,	34173
"unreported net income" means net income that was not previously	34174
included in a report filed pursuant to section 5733.02, 5733.021,	34175
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	34176
realized or recognized during the calendar year to which	34177
division (H)(1) of this section refers or the immediately	34178
preceding calendar year.	34179

(3) Each exiting corporation shall pay a tax computed by	34180
first allocating and apportioning the unreported net income	34181
pursuant to division (B) of section 5733.05 and section 5733.051	34182
and, if applicable, section 5733.052 of the Revised Code. The	34183
exiting corporation then shall compute the tax due on its	34184
unreported net income allocated and apportioned to this state by	34185
applying divisions (A), (B), and (F) of this section to that	34186
income.	34187

(4) Divisions (C) and (G) of this section, division (D)(2)	34188
of section 5733.065, and division (C) of section 5733.066 of the	34189
Revised Code do not apply to an exiting corporation, but exiting	34190
corporations are subject to every other provision of this chapter.	34191

(5) Notwithstanding division (B) of section 5733.01 or	34192
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	34193
contrary, each exiting corporation shall report and pay the tax	34194
due under division (H) of this section on or before the	34195
thirty-first day of May immediately following the calendar year to	34196
which division (H)(1)(a) of this section refers. The exiting	34197
corporation shall file that report on the form most recently	34198
prescribed by the tax commissioner for the purposes of complying	34199
with sections 5733.02 and 5733.03 of the Revised Code. Upon	34200
request by the corporation, the tax commissioner may extend the	34201
date for filing the report.	34202

(6) If, on account of the application of section 5733.053 of	34203
the Revised Code, net income is subject to the tax imposed by	34204
divisions (A) and (B) of this section, such income shall not be	34205
subject to the tax imposed by division (H)(3) of this section.	34206

(7) The amendments made to division (H) of this section by	34207
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	34208
any transfer, as defined in section 5733.053 of the Revised Code,	34209
for which negotiations began prior to January 1, 2001, and that	34210
was commenced in and completed during calendar year 2001, unless	34211
the taxpayer makes an election prior to December 31, 2001, to	34212
apply the section.	34213

(8) The tax commissioner may adopt rules governing division	34214
(H) of this section.	34215

(I) Any reference in the Revised Code to "the tax imposed by	34216
section 5733.06 of the Revised Code" or "the tax due under section	34217
5733.06 of the Revised Code" includes the taxes imposed under	34218
sections 5733.065 and 5733.066 of the Revised Code.	34219

(J)(1) Division (J) of this section applies solely to a	34220
combined company. Section 5733.057 of the Revised Code shall	34221
apply when calculating the adjustments required by division (J) of	34222
this section.	34223

(2) Subject to division (J)(4) of this section, the total	34224
tax calculated in divisions (A) and (B) of this section shall be	34225
reduced by an amount calculated by multiplying such tax by a	34226
fraction, the numerator of which is the total taxable gross	34227
receipts attributed to providing public utility activity other	34228
than as an electric company under section 5727.03 of the Revised	34229
Code for the year upon which the taxable gross receipts are	34230
measured immediately preceding the tax year, and the denominator	34231
of which is the total gross receipts from all sources for the year	34232
upon which the taxable gross receipts are measured immediately	34233
preceding the tax year. Nothing herein shall be construed to	34234
exclude from the denominator any item of income described in	34235
section 5733.051 of the Revised Code.	34236

(3) Subject to division (J)(4) of this section, the total	34237
tax calculated in division (C) of this section shall be reduced by	34238
an amount calculated by multiplying such tax by the fraction	34239
described in division (J)(2) of this section.	34240

(4) In no event shall the reduction provided by division	34241
(J)(2) or (J)(3) of this section exceed the amount of the excise	34242
tax paid in accordance with section 5727.38 of the Revised Code,	34243
for the year upon which the taxable gross receipts are measured	34244
immediately preceding the tax year.	34245

Sec. 5733.122.  Between the first and fifteenth days of July	34246
each year, the tax commissioner shall certify to the director of	34247
budget and management the total reported liability of the taxes or	34248
surcharges levied in the second preceding year under sections	34249
5733.065 and 5733.066 of the Revised Code. Notwithstanding section	34250
5733.12 of the Revised Code, during the period July 1, 1980, to	34251
December 31, 1981, four million dollars received by the treasurer	34252
of state under this chapter the total amount certified in each	34253
year less an amount to be retained by the department of taxation	34254
for expenses resulting from the administration of the taxes or	34255
surcharges levied under sections 5733.065 and 5733.066 of the	34256
Revised Code shall be credited to the recycling and litter	34257
prevention fund created by section 1502.02 of the Revised Code.	34258
Thereafter, during each of the consecutive six-month periods	34259
beginning January 1, 1982, five million dollars from amounts	34260
received by the treasurer of state under this chapter shall be	34261
credited to that fund. No amount shall be credited to the local	34262
government fund from any receipts credited to the recycling and	34263
litter prevention fund under this section.	34264

The office of budget and mangement shall provide the	34265
treasurer of state with a monthly schedule in accordance with	34266
which the amounts shall be credited.	34267

Sec. 5733.401.  (A) As used in this section:

34268

(1) "Investment pass-through entity" means a pass-through	34269
entity having for its qualifying taxable year at least ninety per	34270
cent of its gross income from transaction fees in connection with	34271
the acquisition, ownership, or disposition of intangible property,	34272
loan fees, financing fees, consent fees, waiver fees, application	34273
fees, net management fees, dividend income, interest income, net	34274
capital gains from the sale or exchange of intangible property, or	34275
distributive shares of income from pass-through entities; and	34276
having for its qualifying taxable year at least ninety per cent of	34277
the net book value of its assets represented by intangible assets.	34278
Such percentages shall be the quarterly average of those	34279
percentages as calculated during the pass-through entity's taxable	34280
year.	34281

(2) "Net management fees" means management fees that a	34282
pass-through entity earns or receives from all sources, reduced by	34283
management fees that the pass-through entity incurs or pays to any	34284
person.	34285

(B) For the purposes of divisions (A) and (C) of this	34286
section only, an investment in a pass-through entity shall be	34287
deemed to be an investment in an intangible asset.	34288

(C) Except as otherwise provided in division (D) of this	34289
section, for the purposes of division (A) of section 5733.40 of	34290
the Revised Code, an investment pass-through entity shall exclude	34291
from the calculation of the adjusted qualifying amount all	34292
transaction fees in connection with the acquisition, ownership, or	34293
disposition of intangible property,; loan fees,; financing fees,;	34294
consent fees,; waiver fees,; application fees,; net management	34295
fees, but if such fees exceed five per cent of the entity's net	34296
income calculated in accordance with generally accepted accounting	34297
principles, all net management fees shall be included in the	34298
calculation of the adjusted qualifying amount; dividend income,;	34299
interest income,; net capital gains from the sale or exchange of	34300
intangible property,; and all types and classifications of income	34301
attributable to distributive shares of income from other	34302
pass-through entities. Nothing in this division shall be	34303
construed to provide for an exclusion of any item from adjusted	34304
qualifying amount more than once.	34305

(D) Sections 5733.057 and 5747.231 of the Revised Code do	34306
not apply for the purposes of making the determinations required	34307
by division (A) of this section or claiming the exclusion provided	34308
by division (C) of this section.	34309

Sec. 5733.42.  (A) As used in this section:

34310

(1) "Eligible training program" means a program to provide	34311
job skills to eligible employees who are unable effectively to	34312
function on the job due to skill deficiencies or who would	34313
otherwise be displaced because of their skill deficiencies or	34314
inability to use new technology, or to provide job skills to	34315
eligible employees that enable them to perform other job duties	34316
for the taxpayer. Eligible training programs do not include	34317
executive, management, or personal enrichment training programs,	34318
or training programs intended exclusively for personal career	34319
development.	34320

(2) "Eligible employee" means an individual who is employed	34321
in this state by a taxpayer and has been so employed by the same	34322
taxpayer for at least one hundred eighty consecutive days before	34323
the day an application for the credit is filed under this section.	34324
"Eligible employee" does not include any employee for which a	34325
credit is claimed pursuant to division (A)(5) of section 5709.65	34326
of the Revised Code for all or any part of the same year, an	34327
employee who is not a full-time employee, or executive or	34328
managerial personnel except for the immediate supervisors of	34329
nonexecutive, nonmanagerial personnel.	34330

(3) "Eligible training costs" means:

34331

(a) Direct instructional costs, such as instructor salaries,	34332
materials and supplies, textbooks and manuals, videotapes, and	34333
other instructional media and training equipment used exclusively	34334
for the purpose of training eligible employees;	34335

(b) Wages paid to eligible employees for time devoted	34336
exclusively to an eligible training program during normal paid	34337
working hours.	34338

(4) "Full-time employee" means an individual who is employed	34339
for consideration for at least thirty-five hours per week, or who	34340
renders any other standard of service generally accepted by custom	34341
or specified by contract as full-time employment.	34342

(5) "Partnership" includes a limited liability company formed	34343
under Chapter 1705. of the Revised Code or under the laws of	34344
another state, provided that the company is not classified for	34345
federal income tax purposes as an association taxable as a	34346
corporation.	34347

(B) There is hereby allowed a nonrefundable credit against	34348
the tax imposed by section 5733.06 of the Revised Code for	34349
taxpayers for which a tax credit certificate is issued under	34350
division (C) of this section. The credit may not be claimed for	34351
any tax year after tax year years 2004, except for amounts carried	34352
forward to subsequent tax years to the extent allowed under	34353
division (J) of this section 2005, and 2006, but may not be	34354
claimed for tax years 2002 and 2003. The amount of the credit for	34355
each tax year shall equal one-half of the average of the eligible	34356
training costs paid or incurred by the taxpayer during the three	34357
calendar years immediately preceding the tax year for which the	34358
credit is claimed, not to exceed one thousand dollars for each	34359
eligible employee on account of whom eligible training costs were	34360
paid or incurred by the taxpayer during those calendar years.	34361
The credit claimed by a taxpayer each tax year shall not exceed	34362
one hundred thousand dollars.	34363

(C) A taxpayer who proposes to conduct an eligible training	34364
program may apply to the director of job and family services for a	34365
tax credit certificate under this section. The taxpayer may apply	34366
for such a certificate for each tax year with respect to a	34367
calendar year in which the taxpayer paid or incurred eligible	34368
training costs, subject to division (L) of this section. The	34369
director shall prescribe the form of the application, which shall	34370
require a detailed description of the proposed training program.	34371
The director may require applicants to remit an application fee	34372
with each application filed with the director. The fee shall not	34373
exceed the reasonable and necessary expenses incurred by the	34374
director in receiving, reviewing, and approving such applications	34375
and issuing tax credit certificates. Proceeds from fees shall be	34376
used solely for the purpose of receiving, reviewing, and approving	34377
such applications and issuing such certificates.	34378

After receipt of an application, the director shall authorize	34379
a credit under this section by issuing a tax credit certificate,	34380
in the form prescribed by the director, if the director determines	34381
all of the following:	34382

(1) The proposed training program is an eligible training	34383
program under this section;	34384

(2) The proposed training program is economically sound and	34385
will benefit the people of this state by improving workforce	34386
skills and strengthening the economy of this state;	34387

(3) Receiving the tax credit is a major factor in the	34388
taxpayer's decision to go forward with the training program;	34389

(4) Authorization of the credit is consistent with division	34390
(H) of this section.	34391

The credit also is allowed for a taxpayer that is a partner	34392
in a partnership that pays or incurs eligible training costs. Such	34393
a taxpayer shall determine the taxpayer's credit amount in the	34394
manner prescribed by division (K) of this section.	34395

(D) If the director of job and family services denies an	34396
application for a tax credit certificate, the director shall send	34397
notice of the denial and the reason for denial to the applicant by	34398
certified mail, return receipt requested. If the director	34399
determines that an authorized training program, as actually	34400
conducted, fails to meet the requirements of this section or to	34401
comply with any condition set forth in the authorization, the	34402
director may reduce the amount of the tax credit previously	34403
granted. If the director reduces a tax credit, the director shall	34404
send notice of the reduction and the reason for the reduction to	34405
the taxpayer by certified mail, return receipt requested, and	34406
shall certify the reduction to the tax commissioner or, in the	34407
case of the reduction of a credit claimed by an insurance company,	34408
the superintendent of insurance. The tax commissioner or	34409
superintendent of insurance shall reduce the credit that may be	34410
claimed by the taxpayer accordingly. Within sixty days after	34411
receiving a notice of denial or notice of reduction of the tax	34412
credit, an applicant or taxpayer may request, in writing, a	34413
hearing before the director to review the denial or reduction.	34414
Within sixty days after receiving a request that is filed within	34415
the prescribed time, the director shall hold such a hearing at a	34416
location to be determined by the director. Within thirty days	34417
after the hearing is adjourned, the director shall issue a	34418
redetermination affirming, reversing, or modifying the denial or	34419
reduction of the tax credit and send notice of the redetermination	34420
to the applicant or taxpayer by certified mail, return receipt	34421
requested, and shall issue a notice of the redetermination to the	34422
tax commissioner or superintendent of insurance. If an applicant	34423
or taxpayer is aggrieved by the director's redetermination, the	34424
applicant or taxpayer may appeal the redetermination to the board	34425
of tax appeals in the manner prescribed by section 5717.02 of the	34426
Revised Code.	34427

(E) A taxpayer to which a tax credit certificate is issued	34428
shall retain records indicating the eligible training costs it	34429
pays or incurs for the eligible training program for which the	34430
certificate is issued for four years following the end of the tax	34431
year for which the credit is claimed. Such records shall be open	34432
to inspection by the director of job and family services upon the	34433
director's request during business hours.	34434

Financial statements and other information submitted by an	34435
applicant to the director of job and family services for a tax	34436
credit under this section, and any information taken for any	34437
purpose from such statements or information, are not public	34438
records subject to section 149.43 of the Revised Code. However,	34439
the director of job and family services, the tax commissioner, or	34440
superintendent of insurance may make use of the statements and	34441
other information for purposes of issuing public reports or in	34442
connection with court proceedings concerning tax credits allowed	34443
under this section and sections 5725.31, 5729.07, and 5747.39 of	34444
the Revised Code.	34445

(F) The director of job and family services, in accordance	34446
with Chapter 119. of the Revised Code, shall adopt rules necessary	34447
to implement this section and sections 5725.31, 5729.07, and	34448
5747.39 of the Revised Code. The rules shall be adopted after	34449
consultation with the tax commissioner and the superintendent of	34450
insurance. At the time the director gives public notice under	34451
division (A) of section 119.03 of the Revised Code of the adoption	34452
of the rules, the director shall submit copies of the proposed	34453
rules to the chairpersons and ranking minority members of the	34454
standing committees in the senate and the house of representatives	34455
to which legislation on economic development matters are	34456
customarily referred.	34457

(G) On or before the thirtieth day of September of 2001,	34458
2002, 2003, and 2004, 2005, and 2006, the director of job and	34459
family services shall submit a report to the governor, the	34460
president of the senate, and the speaker of the house of	34461
representatives on the tax credit program under this section and	34462
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	34463
report shall include information on the number of training	34464
programs that were authorized under those sections during the	34465
preceding calendar year, a description of each authorized training	34466
program, the dollar amounts of the credits granted, and an	34467
estimate of the impact of the credits on the economy of this	34468
state.	34469

(H) The aggregate amount of credits authorized under this	34470
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	34471
Code shall not exceed twenty million dollars per calendar year. No	34472
more than ten million dollars in credits per calendar year shall	34473
be authorized for persons engaged primarily in manufacturing. No	34474
less than five million dollars in credits per calendar year shall	34475
be set aside for persons engaged primarily in activities other	34476
than manufacturing and having fewer than five hundred employees.	34477
Subject to such limits, credits shall be authorized for applicants	34478
meeting the requirements of this section in the order in which	34479
they submit complete and accurate applications.	34480

(I) A nonrefundable credit allowed under this section shall	34481
be claimed in the order required under section 5733.98 of the	34482
Revised Code.	34483

(J) The taxpayer may carry forward any credit amount in	34484
excess of its tax due after allowing for any other credits that	34485
precede the credit under this section in the order required under	34486
section 5733.98 of the Revised Code. The excess credit may be	34487
carried forward for three years following the tax year for which	34488
it is first claimed under this section.	34489

(K) A taxpayer that is a partner in a partnership on the	34490
last day of the third calendar year of the three-year period	34491
during which the partnership pays or incurs eligible training	34492
costs may claim a credit under this section for the tax year	34493
immediately following that calendar year. The amount of a	34494
partner's credit equals the partner's interest in the partnership	34495
on the last day of such calendar year multiplied by the credit	34496
available to the partnership as computed by the partnership.	34497

(L) The director of job and family services shall not	34498
authorize any credits under this section and sections 5725.31,	34499
5729.07, and 5747.39 of the Revised Code for eligible training	34500
costs paid or incurred after December 31, 2003 2005.	34501

Sec. 5739.01.  As used in this chapter:

34502

(A) "Person" includes individuals, receivers, assignees,	34503
trustees in bankruptcy, estates, firms, partnerships,	34504
associations, joint-stock companies, joint ventures, clubs,	34505
societies, corporations, the state and its political subdivisions,	34506
and combinations of individuals of any form.	34507

(B) "Sale" and "selling" include all of the following	34508
transactions for a consideration in any manner, whether absolutely	34509
or conditionally, whether for a price or rental, in money or by	34510
exchange, and by any means whatsoever:	34511

(1) All transactions by which title or possession, or both,	34512
of tangible personal property, is or is to be transferred, or a	34513
license to use or consume tangible personal property is or is to	34514
be granted;	34515

(2) All transactions by which lodging by a hotel is or is to	34516
be furnished to transient guests;	34517

(3) All transactions by which:

34518

(a) An item of tangible personal property is or is to be	34519
repaired, except property, the purchase of which would be exempt	34520
from the tax imposed by section 5739.02 of the Revised Code;	34521

(b) An item of tangible personal property is or is to be	34522
installed, except property, the purchase of which would be exempt	34523
from the tax imposed by section 5739.02 of the Revised Code or	34524
property that is or is to be incorporated into and will become a	34525
part of a production, transmission, transportation, or	34526
distribution system for the delivery of a public utility service;	34527

(c) The service of washing, cleaning, waxing, polishing, or	34528
painting a motor vehicle is or is to be furnished;	34529

(d) Industrial laundry cleaning services are or are to be	34530
provided;	34531

(e) Automatic data processing, computer services, or	34532
electronic information services are or are to be provided for use	34533
in business when the true object of the transaction is the receipt	34534
by the consumer of automatic data processing, computer services,	34535
or electronic information services rather than the receipt of	34536
personal or professional services to which automatic data	34537
processing, computer services, or electronic information services	34538
are incidental or supplemental. Notwithstanding any other	34539
provision of this chapter, such transactions that occur between	34540
members of an affiliated group are not sales. An affiliated group	34541
means two or more persons related in such a way that one person	34542
owns or controls the business operation of another member of the	34543
group. In the case of corporations with stock, one corporation	34544
owns or controls another if it owns more than fifty per cent of	34545
the other corporation's common stock with voting rights.	34546

(f) Telecommunications service is provided that originates	34547
or terminates in this state and is charged in the records of the	34548
telecommunications service vendor to the consumer's telephone	34549
number or account in this state, or that both originates and	34550
terminates in this state; but does not include transactions by	34551
which telecommunications service is paid for by using a prepaid	34552
authorization number or prepaid telephone calling card, or by	34553
which local telecommunications service is obtained from a	34554
coin-operated telephone and paid for by using coin;	34555

(g) Landscaping and lawn care service is or is to be	34556
provided;	34557

(h) Private investigation and security service is or is to	34558
be provided;	34559

(i) Information services or tangible personal property is	34560
provided or ordered by means of a nine hundred telephone call;	34561

(j) Building maintenance and janitorial service is or is to	34562
be provided;	34563

(k) Employment service is or is to be provided;

34564

(l) Employment placement service is or is to be provided;

34565

(m) Exterminating service is or is to be provided;

34566

(n) Physical fitness facility service is or is to be	34567
provided;	34568

(o) Recreation and sports club service is or is to be	34569
provided.	34570

(4) All transactions by which printed, imprinted,	34571
overprinted, lithographic, multilithic, blueprinted, photostatic,	34572
or other productions or reproductions of written or graphic matter	34573
are or are to be furnished or transferred;	34574

(5) The production or fabrication of tangible personal	34575
property for a consideration for consumers who furnish either	34576
directly or indirectly the materials used in the production of	34577
fabrication work; and include the furnishing, preparing, or	34578
serving for a consideration of any tangible personal property	34579
consumed on the premises of the person furnishing, preparing, or	34580
serving such tangible personal property. Except as provided in	34581
section 5739.03 of the Revised Code, a construction contract	34582
pursuant to which tangible personal property is or is to be	34583
incorporated into a structure or improvement on and becoming a	34584
part of real property is not a sale of such tangible personal	34585
property. The construction contractor is the consumer of such	34586
tangible personal property, provided that the sale and	34587
installation of carpeting, the sale and installation of	34588
agricultural land tile, the sale and erection or installation of	34589
portable grain bins, or the provision of landscaping and lawn care	34590
service and the transfer of property as part of such service is	34591
never a construction contract. The transfer of copyrighted motion	34592
picture films for exhibition purposes is not a sale, except such	34593
films as are used solely for advertising purposes. Other than as	34594
provided in this section, "sale" and "selling" do not include	34595
professional, insurance, or personal service transactions which	34596
that involve the transfer of tangible personal property as an	34597
inconsequential element, for which no separate charges are made.	34598

As used in division (B)(5) of this section:

34599

(a) "Agricultural land tile" means fired clay or concrete	34600
tile, or flexible or rigid perforated plastic pipe or tubing,	34601
incorporated or to be incorporated into a subsurface drainage	34602
system appurtenant to land used or to be used directly in	34603
production by farming, agriculture, horticulture, or floriculture.	34604
The term does not include such materials when they are or are to	34605
be incorporated into a drainage system appurtenant to a building	34606
or structure even if the building or structure is used or to be	34607
used in such production.	34608

(b) "Portable grain bin" means a structure that is used or	34609
to be used by a person engaged in farming or agriculture to	34610
shelter the person's grain and that is designed to be disassembled	34611
without significant damage to its component parts.	34612

(6) All transactions in which all of the shares of stock of	34613
a closely held corporation are transferred, if the corporation is	34614
not engaging in business and its entire assets consist of boats,	34615
planes, motor vehicles, or other tangible personal property	34616
operated primarily for the use and enjoyment of the shareholders;	34617

(7) All transactions in which a warranty, maintenance or	34618
service contract, or similar agreement by which the vendor of the	34619
warranty, contract, or agreement agrees to repair or maintain the	34620
tangible personal property of the consumer is or is to be	34621
provided;	34622

(8) All transactions by which a prepaid authorization number	34623
or a prepaid telephone calling card is or is to be transferred.	34624

(C) "Vendor" means the person providing the service or by	34625
whom the transfer effected or license given by a sale is or is to	34626
be made or given and, for sales described in division (B)(3)(i) of	34627
this section, the telecommunications service vendor that provides	34628
the nine hundred telephone service; if two or more persons are	34629
engaged in business at the same place of business under a single	34630
trade name in which all collections on account of sales by each	34631
are made, such persons shall constitute a single vendor.	34632

Physicians, dentists, hospitals, and veterinarians who are	34633
engaged in selling tangible personal property as received from	34634
others, such as eyeglasses, mouthwashes, dentifrices, or similar	34635
articles, are vendors. Veterinarians who are engaged in	34636
transferring to others for a consideration drugs, the dispensing	34637
of which does not require an order of a licensed veterinarian or	34638
physician under federal law, are vendors.	34639

(D)(1) "Consumer" means the person for whom the service is	34640
provided, to whom the transfer effected or license given by a sale	34641
is or is to be made or given, to whom the service described in	34642
division (B)(3)(f) or (i) of this section is charged, or to whom	34643
the admission is granted.	34644

(2) Physicians, dentists, hospitals, and blood banks	34645
operated by nonprofit institutions and persons licensed to	34646
practice veterinary medicine, surgery, and dentistry are consumers	34647
of all tangible personal property and services purchased by them	34648
in connection with the practice of medicine, dentistry, the	34649
rendition of hospital or blood bank service, or the practice of	34650
veterinary medicine, surgery, and dentistry. In addition to being	34651
consumers of drugs administered by them or by their assistants	34652
according to their direction, veterinarians also are consumers of	34653
drugs that under federal law may be dispensed only by or upon the	34654
order of a licensed veterinarian or physician, when transferred by	34655
them to others for a consideration to provide treatment to animals	34656
as directed by the veterinarian.	34657

(3) A person who performs a facility management, or similar	34658
service contract for a contractee is a consumer of all tangible	34659
personal property and services purchased for use in connection	34660
with the performance of such contract, regardless of whether title	34661
to any such property vests in the contractee. The purchase of	34662
such property and services is not subject to the exception for	34663
resale under division (E)(1) of this section.	34664

(4)(a) In the case of a person who purchases printed matter	34665
for the purpose of distributing it or having it distributed to the	34666
public or to a designated segment of the public, free of charge,	34667
that person is the consumer of that printed matter, and the	34668
purchase of that printed matter for that purpose is a sale.	34669

(b) In the case of a person who produces, rather than	34670
purchases, printed matter for the purpose of distributing it or	34671
having it distributed to the public or to a designated segment of	34672
the public, free of charge, that person is the consumer of all	34673
tangible personal property and services purchased for use or	34674
consumption in the production of that printed matter. That person	34675
is not entitled to claim exception under division (E)(8) of this	34676
section for any material incorporated into the printed matter or	34677
any equipment, supplies, or services primarily used to produce the	34678
printed matter.	34679

(c) The distribution of printed matter to the public or to a	34680
designated segment of the public, free of charge, is not a sale to	34681
the members of the public to whom the printed matter is	34682
distributed or to any persons who purchase space in the printed	34683
matter for advertising or other purposes.	34684

(5) A person who makes sales of any of the services listed	34685
in division (B)(3) of this section is the consumer of any tangible	34686
personal property used in performing the service. The purchase of	34687
that property is not subject to the resale exception under	34688
division (E)(1) of this section.	34689

(E) "Retail sale" and "sales at retail" include all sales	34690
except those in which the purpose of the consumer is:	34691

(1) To resell the thing transferred or benefit of the	34692
service provided, by a person engaging in business, in the form in	34693
which the same is, or is to be, received by the person;	34694

(2) To incorporate the thing transferred as a material or a	34695
part, into tangible personal property to be produced for sale by	34696
manufacturing, assembling, processing, or refining, or to use or	34697
consume the thing transferred directly in producing a product for	34698
sale by mining, including without limitation the extraction from	34699
the earth of all substances which that are classed geologically as	34700
minerals, production of crude oil and natural gas, farming,	34701
agriculture, horticulture, or floriculture, and persons engaged in	34702
rendering farming, agricultural, horticultural, or floricultural	34703
services, and services in the exploration for, and production of,	34704
crude oil and natural gas, for others are deemed engaged directly	34705
in farming, agriculture, horticulture, and floriculture, or	34706
exploration for, and production of, crude oil and natural gas;	34707
directly in the rendition of a public utility service, except that	34708
the sales tax levied by section 5739.02 of the Revised Code shall	34709
be collected upon all meals, drinks, and food for human	34710
consumption sold upon Pullman and railroad coaches. This	34711
paragraph does not exempt or except from "retail sale" or "sales	34712
at retail" the sale of tangible personal property that is to be	34713
incorporated into a structure or improvement to real property.	34714

(3) To hold the thing transferred as security for the	34715
performance of an obligation of the vendor;	34716

(4) To use or consume the thing transferred in the process	34717
of reclamation as required by Chapters 1513. and 1514. of the	34718
Revised Code;	34719

(5) To resell, hold, use, or consume the thing transferred	34720
as evidence of a contract of insurance;	34721

(6) To use or consume the thing directly in commercial	34722
fishing;	34723

(7) To incorporate the thing transferred as a material or a	34724
part into, or to use or consume the thing transferred directly in	34725
the production of, magazines distributed as controlled circulation	34726
publications;	34727

(8) To use or consume the thing transferred in the	34728
production and preparation in suitable condition for market and	34729
sale of printed, imprinted, overprinted, lithographic,	34730
multilithic, blueprinted, photostatic, or other productions or	34731
reproductions of written or graphic matter;	34732

(9) To use the thing transferred, as described in section	34733
5739.011 of the Revised Code, primarily in a manufacturing	34734
operation to produce tangible personal property for sale;	34735

(10) To use the benefit of a warranty, maintenance or	34736
service contract, or similar agreement, as defined in division	34737
(B)(7) of this section, to repair or maintain tangible personal	34738
property, if all of the property that is the subject of the	34739
warranty, contract, or agreement would be exempt on its purchase	34740
from the tax imposed by section 5739.02 of the Revised Code;	34741

(11) To use the thing transferred as qualified research and	34742
development equipment;	34743

(12) To use or consume the thing transferred primarily in	34744
storing, transporting, mailing, or otherwise handling purchased	34745
sales inventory in a warehouse, distribution center, or similar	34746
facility when the inventory is primarily distributed outside this	34747
state to retail stores of the person who owns or controls the	34748
warehouse, distribution center, or similar facility, to retail	34749
stores of an affiliated group of which that person is a member, or	34750
by means of direct marketing. Division (E)(12) of this section	34751
does not apply to motor vehicles registered for operation on the	34752
public highways. As used in division (E)(12) of this section,	34753
"affiliated group" has the same meaning as in division (B)(3)(e)	34754
of this section and "direct marketing" has the same meaning as in	34755
division (B)(37) of section 5739.02 of the Revised Code.	34756

(13) To use or consume the thing transferred to fulfill a	34757
contractual obligation incurred by a warrantor pursuant to a	34758
warranty provided as a part of the price of the tangible personal	34759
property sold or by a vendor of a warranty, maintenance or service	34760
contract, or similar agreement the provision of which is defined	34761
as a sale under division (B)(7) of this section;	34762

(14) To use or consume the thing transferred in the	34763
production of a newspaper for distribution to the public;	34764

(15) To use tangible personal property to perform a service	34765
listed in division (B)(3) of this section, if the property is or	34766
is to be permanently transferred to the consumer of the service as	34767
an integral part of the performance of the service.	34768

As used in division (E) of this section, "thing" includes all	34769
transactions included in divisions (B)(3)(a), (b), and (e) of this	34770
section.	34771

Sales conducted through a coin-operated device that activates	34772
vacuum equipment or equipment that dispenses water, whether or not	34773
in combination with soap or other cleaning agents or wax, to the	34774
consumer for the consumer's use on the premises in washing,	34775
cleaning, or waxing a motor vehicle, provided no other personal	34776
property or personal service is provided as part of the	34777
transaction, are not retail sales or sales at retail.	34778

(F) "Business" includes any activity engaged in by any	34779
person with the object of gain, benefit, or advantage, either	34780
direct or indirect. "Business" does not include the activity of a	34781
person in managing and investing the person's own funds.	34782

(G) "Engaging in business" means commencing, conducting, or	34783
continuing in business, and liquidating a business when the	34784
liquidator thereof holds self itself out to the public as	34785
conducting such business. Making a casual sale is not engaging in	34786
business.	34787

(H)(1) "Price," except as provided in divisions (H)(2) and	34788
(3) of this section, means the aggregate value in money of	34789
anything paid or delivered, or promised to be paid or delivered,	34790
in the complete performance of a retail sale, without any	34791
deduction on account of the cost of the property sold, cost of	34792
materials used, labor or service cost, interest, discount paid or	34793
allowed after the sale is consummated, or any other expense. If	34794
the retail sale consists of the rental or lease of tangible	34795
personal property, "price" means the aggregate value in money of	34796
anything paid or delivered, or promised to be paid or delivered,	34797
in the complete performance of the rental or lease, without any	34798
deduction for tax, interest, labor or service charge, damage	34799
liability waiver, termination or damage charge, discount paid or	34800
allowed after the lease is consummated, or any other expense. The	34801
sales tax shall be calculated and collected by the lessor on each	34802
payment made by the lessee. Price does not include the	34803
consideration received as a deposit refundable to the consumer	34804
upon return of a beverage container, the consideration received as	34805
a deposit on a carton or case that is used for such returnable	34806
containers, or the consideration received as a refundable security	34807
deposit for the use of tangible personal property to the extent	34808
that it actually is refunded, if the consideration for such	34809
refundable deposit is separately stated from the consideration	34810
received or to be received for the tangible personal property	34811
transferred in the retail sale. Such separation must appear in	34812
the sales agreement or on the initial invoice or initial billing	34813
rendered by the vendor to the consumer. Price is the amount	34814
received inclusive of the tax, provided the vendor establishes to	34815
the satisfaction of the tax commissioner that the tax was added to	34816
the price. When the price includes both a charge for tangible	34817
personal property and a charge for providing a service and the	34818
sale of the property and the charge for the service are separately	34819
taxable, or have a separately determinable tax status, the price	34820
shall be separately stated for each such charge so the tax can be	34821
correctly computed and charged.	34822

The tax collected by the vendor from the consumer under this	34823
chapter is not part of the price, but is a tax collection for the	34824
benefit of the state and of counties levying an additional sales	34825
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	34826
and of transit authorities levying an additional sales tax	34827
pursuant to section 5739.023 of the Revised Code. Except for the	34828
discount authorized in section 5739.12 of the Revised Code, no	34829
person other than the state or such a county or transit authority	34830
shall derive any benefit from the collection or payment of such	34831
tax.	34832

(2) In the case of a sale of any new motor vehicle by a new	34833
motor vehicle dealer, as defined in section 4517.01 of the Revised	34834
Code, in which another motor vehicle is accepted by the dealer as	34835
part of the consideration received, "price" has the same meaning	34836
as in division (H)(1) of this section, reduced by the credit	34837
afforded the consumer by the dealer for the motor vehicle received	34838
in trade.	34839

(3) In the case of a sale of any watercraft or outboard	34840
motor by a watercraft dealer licensed in accordance with section	34841
1547.543 of the Revised Code, in which another watercraft,	34842
watercraft and trailer, or outboard motor is accepted by the	34843
dealer as part of the consideration received, "price" has the same	34844
meaning as in division (H)(1) of this section, reduced by the	34845
credit afforded the consumer by the dealer for the watercraft,	34846
watercraft and trailer, or outboard motor received in trade. As	34847
used in division (H)(3) of this section, "watercraft" includes an	34848
outdrive unit attached to the watercraft.	34849

(I) "Receipts" means the total amount of the prices of the	34850
sales of vendors, provided that cash discounts allowed and taken	34851
on sales at the time they are consummated are not included, minus	34852
any amount deducted as a bad debt pursuant to section 5739.121 of	34853
the Revised Code. "Receipts" does not include the sale price of	34854
property returned or services rejected by consumers when the full	34855
sale price and tax are refunded either in cash or by credit.	34856

(J) "Place of business" means any location at which a person	34857
engages in business.	34858

(K) "Premises" includes any real property or portion thereof	34859
upon which any person engages in selling tangible personal	34860
property at retail or making retail sales and also includes any	34861
real property or portion thereof designated for, or devoted to,	34862
use in conjunction with the business engaged in by such person.	34863

(L) "Casual sale" means a sale of an item of tangible	34864
personal property which that was obtained by the person making the	34865
sale, through purchase or otherwise, for the person's own use in	34866
this state and which was previously subject to any state's taxing	34867
jurisdiction on its sale or use, and includes such items acquired	34868
for the seller's use which that are sold by an auctioneer employed	34869
directly by the person for such purpose, provided the location of	34870
such sales is not the auctioneer's permanent place of business. As	34871
used in this division, "permanent place of business" includes any	34872
location where such auctioneer has conducted more than two	34873
auctions during the year.	34874

(M) "Hotel" means every establishment kept, used,	34875
maintained, advertised, or held out to the public to be a place	34876
where sleeping accommodations are offered to guests,. "Hotel"	34877
includes only those establishments in which five or more rooms are	34878
used for the accommodation of such guests, whether such the rooms	34879
are in one or several structures, except as specified by a board	34880
of county commissioners, a board of township trustees, or the	34881
legislative authority of a municipal corporation as provided in	34882
division (G) of section 5739.024 of the Revised Code.	34883

(N) "Transient guests" means persons occupying a room or	34884
rooms for sleeping accommodations for less than thirty consecutive	34885
days.	34886

(O) "Making retail sales" means the effecting of	34887
transactions wherein one party is obligated to pay the price and	34888
the other party is obligated to provide a service or to transfer	34889
title to or possession of the item sold. "Making retail sales"	34890
does not include the preliminary acts of promoting or soliciting	34891
the retail sales, other than the distribution of printed matter	34892
which displays or describes and prices the item offered for sale,	34893
nor does it include delivery of a predetermined quantity of	34894
tangible personal property or transportation of property or	34895
personnel to or from a place where a service is performed,	34896
regardless of whether the vendor is a delivery vendor.	34897

(P) "Used directly in the rendition of a public utility	34898
service" means that property which is to be incorporated into and	34899
will become a part of the consumer's production, transmission,	34900
transportation, or distribution system and which that retains its	34901
classification as tangible personal property after such	34902
incorporation; fuel or power used in the production, transmission,	34903
transportation, or distribution system; and tangible personal	34904
property used in the repair and maintenance of the production,	34905
transmission, transportation, or distribution system, including	34906
only such motor vehicles as are specially designed and equipped	34907
for such use. Tangible personal property and services used	34908
primarily in providing highway transportation for hire are not	34909
used in providing a public utility service as defined in this	34910
division.	34911

(Q) "Refining" means removing or separating a desirable	34912
product from raw or contaminated materials by distillation or	34913
physical, mechanical, or chemical processes.	34914

(R) "Assembly" and "assembling" mean attaching or fitting	34915
together parts to form a product, but do not include packaging a	34916
product.	34917

(S) "Manufacturing operation" means a process in which	34918
materials are changed, converted, or transformed into a different	34919
state or form from which they previously existed and includes	34920
refining materials, assembling parts, and preparing raw materials	34921
and parts by mixing, measuring, blending, or otherwise committing	34922
such materials or parts to the manufacturing process.	34923
"Manufacturing operation" does not include packaging.	34924

(T) "Fiscal officer" means, with respect to a regional	34925
transit authority, the secretary-treasurer thereof, and with	34926
respect to a county which that is a transit authority, the fiscal	34927
officer of the county transit board if one is appointed pursuant	34928
to section 306.03 of the Revised Code or the county auditor if the	34929
board of county commissioners operates the county transit system.	34930

(U) "Transit authority" means a regional transit authority	34931
created pursuant to section 306.31 of the Revised Code or a county	34932
in which a county transit system is created pursuant to section	34933
306.01 of the Revised Code. For the purposes of this chapter, a	34934
transit authority must extend to at least the entire area of a	34935
single county. A transit authority which that includes territory	34936
in more than one county must include all the area of the most	34937
populous county which that is a part of such transit authority.	34938
County population shall be measured by the most recent census	34939
taken by the United States census bureau.	34940

(V) "Legislative authority" means, with respect to a	34941
regional transit authority, the board of trustees thereof, and	34942
with respect to a county which that is a transit authority, the	34943
board of county commissioners.	34944

(W) "Territory of the transit authority" means all of the	34945
area included within the territorial boundaries of a transit	34946
authority as they from time to time exist. Such territorial	34947
boundaries must at all times include all the area of a single	34948
county or all the area of the most populous county which that is a	34949
part of such transit authority. County population shall be	34950
measured by the most recent census taken by the United States	34951
census bureau.	34952

(X) "Providing a service" means providing or furnishing	34953
anything described in division (B)(3) of this section for	34954
consideration.	34955

(Y)(1)(a) "Automatic data processing" means processing of	34956
others' data, including keypunching or similar data entry services	34957
together with verification thereof, or providing access to	34958
computer equipment for the purpose of processing data.	34959

(b) "Computer services" means providing services consisting	34960
of specifying computer hardware configurations and evaluating	34961
technical processing characteristics, computer programming, and	34962
training of computer programmers and operators, provided in	34963
conjunction with and to support the sale, lease, or operation of	34964
taxable computer equipment or systems.	34965

(c) "Electronic information services" means providing access	34966
to computer equipment by means of telecommunications equipment for	34967
the purpose of either of the following:	34968

(i) Examining or acquiring data stored in or accessible to	34969
the computer equipment;	34970

(ii) Placing data into the computer equipment to be	34971
retrieved by designated recipients with access to the computer	34972
equipment.	34973

(d) "Automatic data processing, computer services, or	34974
electronic information services" shall not include personal or	34975
professional services.	34976

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	34977
section, "personal and professional services" means all services	34978
other than automatic data processing, computer services, or	34979
electronic information services, including but not limited to:	34980

(a) Accounting and legal services such as advice on tax	34981
matters, asset management, budgetary matters, quality control,	34982
information security, and auditing and any other situation where	34983
the service provider receives data or information and studies,	34984
alters, analyzes, interprets, or adjusts such material;	34985

(b) Analyzing business policies and procedures;

34986

(c) Identifying management information needs;

34987

(d) Feasibility studies, including economic and technical	34988
analysis of existing or potential computer hardware or software	34989
needs and alternatives;	34990

(e) Designing policies, procedures, and custom software for	34991
collecting business information, and determining how data should	34992
be summarized, sequenced, formatted, processed, controlled, and	34993
reported so that it will be meaningful to management;	34994

(f) Developing policies and procedures that document how	34995
business events and transactions are to be authorized, executed,	34996
and controlled;	34997

(g) Testing of business procedures;

34998

(h) Training personnel in business procedure applications;

34999

(i) Providing credit information to users of such	35000
information by a consumer reporting agency, as defined in the	35001
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	35002
1681a(f), or as hereafter amended, including but not limited to	35003
gathering, organizing, analyzing, recording, and furnishing such	35004
information by any oral, written, graphic, or electronic medium;	35005

(j) Providing debt collection services by any oral, written,	35006
graphic, or electronic means.	35007

The services listed in divisions (Y)(2)(a) to (j) of this	35008
section are not automatic data processing or computer services.	35009

(Z) "Highway transportation for hire" means the	35010
transportation of personal property belonging to others for	35011
consideration by any of the following:	35012

(1) The holder of a permit or certificate issued by this	35013
state or the United States authorizing the holder to engage in	35014
transportation of personal property belonging to others for	35015
consideration over or on highways, roadways, streets, or any	35016
similar public thoroughfare;	35017

(2) A person who engages in the transportation of personal	35018
property belonging to others for consideration over or on	35019
highways, roadways, streets, or any similar public thoroughfare	35020
but who could not have engaged in such transportation on December	35021
11, 1985, unless the person was the holder of a permit or	35022
certificate of the types described in division (Z)(1) of this	35023
section;	35024

(3) A person who leases a motor vehicle to and operates it	35025
for a person described by division (Z)(1) or (2) of this section.	35026

(AA) "Telecommunications service" means the transmission of	35027
any interactive, two-way electromagnetic communications, including	35028
voice, image, data, and information, through the use of any medium	35029
such as wires, cables, microwaves, cellular radio, radio waves,	35030
light waves, or any combination of those or similar media.	35031
"Telecommunications service" includes message toll service even	35032
though the vendor provides the message toll service by means of	35033
wide area transmission type service or private communications	35034
service purchased from another telecommunications service	35035
provider, but does not include any of the following:	35036

(1) Sales of incoming or outgoing wide area transmission	35037
service or wide area transmission type service, including eight	35038
hundred or eight-hundred-type service, to the person contracting	35039
for the receipt of that service;	35040

(2) Sales of private communications service to the person	35041
contracting for the receipt of that service that entitles the	35042
purchaser to exclusive or priority use of a communications channel	35043
or group of channels between exchanges;	35044

(3) Sales of telecommunications service by companies subject	35045
to the excise tax imposed by Chapter 5727. of the Revised Code;	35046

(4) Sales of telecommunications service to a provider of	35047
telecommunications service, including access services, for use in	35048
providing telecommunications service;	35049

(5) Value-added nonvoice services in which computer	35050
processing applications are used to act on the form, content,	35051
code, or protocol of the information to be transmitted;	35052

(6) Transmission of interactive video programming by a cable	35053
television system as defined in section 505.90 of the Revised	35054
Code.	35055

(BB) "Industrial laundry cleaning services" means removing	35056
soil or dirt from or supplying towels, linens, or articles of	35057
clothing that belong to others and are used in a trade or	35058
business.	35059

(CC) "Magazines distributed as controlled circulation	35060
publications" means magazines containing at least twenty-four	35061
pages, at least twenty-five per cent editorial content, issued at	35062
regular intervals four or more times a year, and circulated	35063
without charge to the recipient, provided that such magazines are	35064
not owned or controlled by individuals or business concerns which	35065
conduct such publications as an auxiliary to, and essentially for	35066
the advancement of the main business or calling of, those who own	35067
or control them.	35068

(DD) "Landscaping and lawn care service" means the services	35069
of planting, seeding, sodding, removing, cutting, trimming,	35070
pruning, mulching, aerating, applying chemicals, watering,	35071
fertilizing, and providing similar services to establish, promote,	35072
or control the growth of trees, shrubs, flowers, grass, ground	35073
cover, and other flora, or otherwise maintaining a lawn or	35074
landscape grown or maintained by the owner for ornamentation or	35075
other nonagricultural purpose. However, "landscaping and lawn	35076
care service" does not include the providing of such services by a	35077
person who has less than five thousand dollars in sales of such	35078
services during the calendar year.	35079

(EE) "Private investigation and security service" means the	35080
performance of any activity for which the provider of such service	35081
is required to be licensed pursuant to Chapter 4749. of the	35082
Revised Code, or would be required to be so licensed in performing	35083
such services in this state, and also includes the services of	35084
conducting polygraph examinations and of monitoring or overseeing	35085
the activities on or in, or the condition of, the consumer's home,	35086
business, or other facility by means of electronic or similar	35087
monitoring devices. "Private investigation and security service"	35088
does not include special duty services provided by off-duty police	35089
officers, deputy sheriffs, and other peace officers regularly	35090
employed by the state or a political subdivision.	35091

(FF) "Information services" means providing conversation,	35092
giving consultation or advice, playing or making a voice or other	35093
recording, making or keeping a record of the number of callers,	35094
and any other service provided to a consumer by means of a nine	35095
hundred telephone call, except when the nine hundred telephone	35096
call is the means by which the consumer makes a contribution to a	35097
recognized charity.	35098

(GG) "Research and development" means designing, creating,	35099
or formulating new or enhanced products, equipment, or	35100
manufacturing processes, and conducting scientific or	35101
technological inquiry and experimentation in the physical sciences	35102
with the goal of increasing scientific knowledge which may reveal	35103
the bases for new or enhanced products, equipment, or	35104
manufacturing processes.	35105

(HH) "Qualified research and development equipment" means	35106
capitalized tangible personal property, and leased personal	35107
property that would be capitalized if purchased, used by a person	35108
primarily to perform research and development. Tangible personal	35109
property primarily used in testing, as defined in division (A)(4)	35110
of section 5739.011 of the Revised Code, or used for recording or	35111
storing test results, is not qualified research and development	35112
equipment unless such property is primarily used by the consumer	35113
in testing the product, equipment, or manufacturing process being	35114
created, designed, or formulated by the consumer in the research	35115
and development activity or in recording or storing such test	35116
results.	35117

(II) "Building maintenance and janitorial service" means	35118
cleaning the interior or exterior of a building and any tangible	35119
personal property located therein or thereon, including any	35120
services incidental to such cleaning for which no separate charge	35121
is made. However, "building maintenance and janitorial service"	35122
does not include the providing of such service by a person who has	35123
less than five thousand dollars in sales of such service during	35124
the calendar year.	35125

(JJ) "Employment service" means providing or supplying	35126
personnel, on a temporary or long-term basis, to perform work or	35127
labor under the supervision or control of another, when the	35128
personnel so supplied receive their wages, salary, or other	35129
compensation from the provider of the service. "Employment	35130
service" does not include:	35131

(1) Acting as a contractor or subcontractor, where the	35132
personnel performing the work are not under the direct control of	35133
the purchaser.	35134

(2) Medical and health care services.

35135

(3) Supplying personnel to a purchaser pursuant to a	35136
contract of at least one year between the service provider and the	35137
purchaser that specifies that each employee covered under the	35138
contract is assigned to the purchaser on a permanent basis.	35139

(4) Transactions between members of an affiliated group, as	35140
defined in division (B)(3)(e) of this section.	35141

(KK) "Employment placement service" means locating or	35142
finding employment for a person or finding or locating an employee	35143
to fill an available position.	35144

(LL) "Exterminating service" means eradicating or attempting	35145
to eradicate vermin infestations from a building or structure, or	35146
the area surrounding a building or structure, and includes	35147
activities to inspect, detect, or prevent vermin infestation of a	35148
building or structure.	35149

(MM) "Physical fitness facility service" means all	35150
transactions by which a membership is granted, maintained, or	35151
renewed, including initiation fees, membership dues, renewal fees,	35152
monthly minimum fees, and other similar fees and dues, by a	35153
physical fitness facility such as an athletic club, health spa, or	35154
gymnasium, which entitles the member to use the facility for	35155
physical exercise.	35156

(NN) "Recreation and sports club service" means all	35157
transactions by which a membership is granted, maintained, or	35158
renewed, including initiation fees, membership dues, renewal fees,	35159
monthly minimum fees, and other similar fees and dues, by a	35160
recreation and sports club, which entitles the member to use the	35161
facilities of the organization. "Recreation and sports club"	35162
means an organization that has ownership of, or controls or leases	35163
on a continuing, long-term basis, the facilities used by its	35164
members and includes an aviation club, gun or shooting club, yacht	35165
club, card club, swimming club, tennis club, golf club, country	35166
club, riding club, amateur sports club, or similar organization.	35167

(OO) "Livestock" means farm animals commonly raised for food	35168
or food production, and includes but is not limited to cattle,	35169
sheep, goats, swine, and poultry. "Livestock" does not include	35170
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	35171
animals for use in laboratories or for exhibition, or other	35172
animals not commonly raised for food or food production.	35173

(PP) "Livestock structure" means a building or structure	35174
used exclusively for the housing, raising, feeding, or sheltering	35175
of livestock, and includes feed storage or handling structures and	35176
structures for livestock waste handling.	35177

(QQ) "Horticulture" means the growing, cultivation, and	35178
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	35179
and nursery stock. As used in this division, "nursery stock" has	35180
the same meaning as in section 927.51 of the Revised Code.	35181

(RR) "Horticulture structure" means a building or structure	35182
used exclusively for the commercial growing, raising, or	35183
overwintering of horticultural products, and includes the area	35184
used for stocking, storing, and packing horticultural products	35185
when done in conjunction with the production of those products.	35186

(SS) "Newspaper" means an unbound publication bearing a	35187
title or name that is regularly published, at least as frequently	35188
as biweekly, and distributed from a fixed place of business to the	35189
public in a specific geographic area, and that contains a	35190
substantial amount of news matter of international, national, or	35191
local events of interest to the general public.	35192

(TT) "Professional racing team" means a person that employs	35193
at least twenty full-time employees for the purpose of conducting	35194
a motor vehicle racing business for profit. The person must	35195
conduct the business with the purpose of racing one or more motor	35196
racing vehicles in at least ten competitive professional racing	35197
events each year that comprise all or part of a motor racing	35198
series sanctioned by one or more motor racing sanctioning	35199
organizations. A "motor racing vehicle" means a vehicle for which	35200
the chassis, engine, and parts are designed exclusively for motor	35201
racing, and does not include a stock or production model vehicle	35202
that may be modified for use in racing. For the purposes of this	35203
division:	35204

(1) A "competitive professional racing event" is a motor	35205
vehicle racing event sanctioned by one or more motor racing	35206
sanctioning organizations, at which aggregate cash prizes in	35207
excess of eight hundred thousand dollars are awarded to the	35208
competitors.	35209

(2) "Full-time employee" means an individual who is employed	35210
for consideration for thirty-five or more hours a week, or who	35211
renders any other standard of service generally accepted by custom	35212
or specified by contract as full-time employment.	35213

(UU)(1) "Prepaid authorization number" means a numeric or	35214
alphanumeric combination that represents a prepaid account that	35215
can be used by the account holder solely to obtain	35216
telecommunications service, and includes any renewals or increases	35217
in the prepaid account.	35218

(2) "Prepaid telephone calling card" means a tangible item	35219
that contains a prepaid authorization number that can be used	35220
solely to obtain telecommunications service, and includes any	35221
renewals or increases in the prepaid account.	35222

Sec. 5739.02.  For the purpose of providing revenue with	35223
which to meet the needs of the state, for the use of the general	35224
revenue fund of the state, for the purpose of securing a thorough	35225
and efficient system of common schools throughout the state, for	35226
the purpose of affording revenues, in addition to those from	35227
general property taxes, permitted under constitutional	35228
limitations, and from other sources, for the support of local	35229
governmental functions, and for the purpose of reimbursing the	35230
state for the expense of administering this chapter, an excise tax	35231
is hereby levied on each retail sale made in this state.	35232

(A) The tax shall be collected pursuant to the schedules in	35233
section 5739.025 of the Revised Code.	35234

The tax applies and is collectible when the sale is made,	35235
regardless of the time when the price is paid or delivered.	35236

In the case of a sale, the price of which consists in whole	35237
or in part of rentals for the use of the thing transferred, the	35238
tax, as regards such rentals, shall be measured by the	35239
installments thereof.	35240

In the case of a sale of a service defined under division	35241
(MM) or (NN) of section 5739.01 of the Revised Code, the price of	35242
which consists in whole or in part of a membership for the receipt	35243
of the benefit of the service, the tax applicable to the sale	35244
shall be measured by the installments thereof.	35245

(B) The tax does not apply to the following:

35246

(1) Sales to the state or any of its political subdivisions,	35247
or to any other state or its political subdivisions if the laws of	35248
that state exempt from taxation sales made to this state and its	35249
political subdivisions;	35250

(2) Sales of food for human consumption off the premises	35251
where sold;	35252

(3) Sales of food sold to students only in a cafeteria,	35253
dormitory, fraternity, or sorority maintained in a private,	35254
public, or parochial school, college, or university;	35255

(4) Sales of newspapers, and of magazine subscriptions	35256
shipped by second class mail, and sales or transfers of magazines	35257
distributed as controlled circulation publications;	35258

(5) The furnishing, preparing, or serving of meals without	35259
charge by an employer to an employee provided the employer records	35260
the meals as part compensation for services performed or work	35261
done;	35262

(6) Sales of motor fuel upon receipt, use, distribution, or	35263
sale of which in this state a tax is imposed by the law of this	35264
state, but this exemption shall not apply to the sale of motor	35265
fuel on which a refund of the tax is allowable under section	35266
5735.14 of the Revised Code; and the tax commissioner may deduct	35267
the amount of tax levied by this section applicable to the price	35268
of motor fuel when granting a refund of motor fuel tax pursuant to	35269
section 5735.14 of the Revised Code and shall cause the amount	35270
deducted to be paid into the general revenue fund of this state;	35271

(7) Sales of natural gas by a natural gas company, of water	35272
by a water-works company, or of steam by a heating company, if in	35273
each case the thing sold is delivered to consumers through pipes	35274
or conduits, and all sales of communications services by a	35275
telephone or telegraph company, all terms as defined in section	35276
5727.01 of the Revised Code;	35277

(8) Casual sales by a person, or auctioneer employed	35278
directly by the person to conduct such sales, except as to such	35279
sales of motor vehicles, watercraft or outboard motors required to	35280
be titled under section 1548.06 of the Revised Code, watercraft	35281
documented with the United States coast guard, snowmobiles, and	35282
all-purpose vehicles as defined in section 4519.01 of the Revised	35283
Code;	35284

(9) Sales of services or tangible personal property, other	35285
than motor vehicles, mobile homes, and manufactured homes, by	35286
churches, organizations exempt from taxation under section	35287
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	35288
organizations operated exclusively for charitable purposes as	35289
defined in division (B)(12) of this section, provided that the	35290
number of days on which such tangible personal property or	35291
services, other than items never subject to the tax, are sold does	35292
not exceed six in any calendar year. If the number of days on	35293
which such sales are made exceeds six in any calendar year, the	35294
church or organization shall be considered to be engaged in	35295
business and all subsequent sales by it shall be subject to the	35296
tax. In counting the number of days, all sales by groups within a	35297
church or within an organization shall be considered to be sales	35298
of that church or organization, except that sales made by separate	35299
student clubs and other groups of students of a primary or	35300
secondary school, and sales made by a parent-teacher association,	35301
booster group, or similar organization that raises money to	35302
support or fund curricular or extracurricular activities of a	35303
primary or secondary school, shall not be considered to be sales	35304
of such school, and sales by each such club, group, association,	35305
or organization shall be counted separately for purposes of the	35306
six-day limitation. This division does not apply to sales by a	35307
noncommercial educational radio or television broadcasting	35308
station.	35309

(10) Sales not within the taxing power of this state under	35310
the Constitution of the United States;	35311

(11) The transportation of persons or property, unless the	35312
transportation is by a private investigation and security service;	35313

(12) Sales of tangible personal property or services to	35314
churches, to organizations exempt from taxation under section	35315
501(c)(3) of the Internal Revenue Code of 1986, and to any other	35316
nonprofit organizations operated exclusively for charitable	35317
purposes in this state, no part of the net income of which inures	35318
to the benefit of any private shareholder or individual, and no	35319
substantial part of the activities of which consists of carrying	35320
on propaganda or otherwise attempting to influence legislation;	35321
sales to offices administering one or more homes for the aged or	35322
one or more hospital facilities exempt under section 140.08 of the	35323
Revised Code; and sales to organizations described in division (D)	35324
of section 5709.12 of the Revised Code.	35325

"Charitable purposes" means the relief of poverty; the	35326
improvement of health through the alleviation of illness, disease,	35327
or injury; the operation of an organization exclusively for the	35328
provision of professional, laundry, printing, and purchasing	35329
services to hospitals or charitable institutions; the operation of	35330
a home for the aged, as defined in section 5701.13 of the Revised	35331
Code; the operation of a radio or television broadcasting station	35332
that is licensed by the federal communications commission as a	35333
noncommercial educational radio or television station; the	35334
operation of a nonprofit animal adoption service or a county	35335
humane society; the promotion of education by an institution of	35336
learning that maintains a faculty of qualified instructors,	35337
teaches regular continuous courses of study, and confers a	35338
recognized diploma upon completion of a specific curriculum; the	35339
operation of a parent-teacher association, booster group, or	35340
similar organization primarily engaged in the promotion and	35341
support of the curricular or extracurricular activities of a	35342
primary or secondary school; the operation of a community or area	35343
center in which presentations in music, dramatics, the arts, and	35344
related fields are made in order to foster public interest and	35345
education therein; the production of performances in music,	35346
dramatics, and the arts; or the promotion of education by an	35347
organization engaged in carrying on research in, or the	35348
dissemination of, scientific and technological knowledge and	35349
information primarily for the public.	35350

Nothing in this division shall be deemed to exempt sales to	35351
any organization for use in the operation or carrying on of a	35352
trade or business, or sales to a home for the aged for use in the	35353
operation of independent living facilities as defined in division	35354
(A) of section 5709.12 of the Revised Code.	35355

(13) Building and construction materials and services sold	35356
to construction contractors for incorporation into a structure or	35357
improvement to real property under a construction contract with	35358
this state or a political subdivision thereof, or with the United	35359
States government or any of its agencies; building and	35360
construction materials and services sold to construction	35361
contractors for incorporation into a structure or improvement to	35362
real property that are accepted for ownership by this state or any	35363
of its political subdivisions, or by the United States government	35364
or any of its agencies at the time of completion of such	35365
structures or improvements; building and construction materials	35366
sold to construction contractors for incorporation into a	35367
horticulture structure or livestock structure for a person engaged	35368
in the business of horticulture or producing livestock; building	35369
materials and services sold to a construction contractor for	35370
incorporation into a house of public worship or religious	35371
education, or a building used exclusively for charitable purposes	35372
under a construction contract with an organization whose purpose	35373
is as described in division (B)(12) of this section; building	35374
materials and services sold to a construction contractor for	35375
incorporation into a building under a construction contract with	35376
an organization exempt from taxation under section 501(c)(3) of	35377
the Internal Revenue Code of 1986 when the building is to be used	35378
exclusively for the organization's exempt purposes; building and	35379
construction materials sold for incorporation into the original	35380
construction of a sports facility under section 307.696 of the	35381
Revised Code; and building and construction materials and services	35382
sold to a construction contractor for incorporation into real	35383
property outside this state if such materials and services, when	35384
sold to a construction contractor in the state in which the real	35385
property is located for incorporation into real property in that	35386
state, would be exempt from a tax on sales levied by that state;	35387

(14) Sales of ships or vessels or rail rolling stock used or	35388
to be used principally in interstate or foreign commerce, and	35389
repairs, alterations, fuel, and lubricants for such ships or	35390
vessels or rail rolling stock;	35391

(15) Sales to persons engaged in any of the activities	35392
mentioned in division (E)(2) or (9) of section 5739.01 of the	35393
Revised Code, to persons engaged in making retail sales, or to	35394
persons who purchase for sale from a manufacturer tangible	35395
personal property that was produced by the manufacturer in	35396
accordance with specific designs provided by the purchaser, of	35397
packages, including material, labels, and parts for packages, and	35398
of machinery, equipment, and material for use primarily in	35399
packaging tangible personal property produced for sale, including	35400
any machinery, equipment, and supplies used to make labels or	35401
packages, to prepare packages or products for labeling, or to	35402
label packages or products, by or on the order of the person doing	35403
the packaging, or sold at retail. "Packages" includes bags,	35404
baskets, cartons, crates, boxes, cans, bottles, bindings,	35405
wrappings, and other similar devices and containers, and	35406
"packaging" means placing therein.	35407

(16) Sales of food to persons using food stamp coupons	35408
benefits to purchase the food. As used in division (B)(16) of	35409
this section, "food" has the same meaning as in the "Food Stamp	35410
Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	35411
regulations adopted pursuant to that act.	35412

(17) Sales to persons engaged in farming, agriculture,	35413
horticulture, or floriculture, of tangible personal property for	35414
use or consumption directly in the production by farming,	35415
agriculture, horticulture, or floriculture of other tangible	35416
personal property for use or consumption directly in the	35417
production of tangible personal property for sale by farming,	35418
agriculture, horticulture, or floriculture; or material and parts	35419
for incorporation into any such tangible personal property for use	35420
or consumption in production; and of tangible personal property	35421
for such use or consumption in the conditioning or holding of	35422
products produced by and for such use, consumption, or sale by	35423
persons engaged in farming, agriculture, horticulture, or	35424
floriculture, except where such property is incorporated into real	35425
property;	35426

(18) Sales of drugs dispensed by a licensed pharmacist upon	35427
the order of a licensed health professional authorized to	35428
prescribe drugs to a human being, as the term "licensed health	35429
professional authorized to prescribe drugs" is defined in section	35430
4729.01 of the Revised Code; insulin as recognized in the official	35431
United States pharmacopoeia; urine and blood testing materials	35432
when used by diabetics or persons with hypoglycemia to test for	35433
glucose or acetone; hypodermic syringes and needles when used by	35434
diabetics for insulin injections; epoetin alfa when purchased for	35435
use in the treatment of persons with end-stage renal disease;	35436
hospital beds when purchased for use by persons with medical	35437
problems for medical purposes; and oxygen and oxygen-dispensing	35438
equipment when purchased for use by persons with medical problems	35439
for medical purposes;	35440

(19) Sales of artificial limbs or portion thereof, breast	35441
prostheses, and other prosthetic devices for humans; braces or	35442
other devices for supporting weakened or nonfunctioning parts of	35443
the human body; wheelchairs; devices used to lift wheelchairs into	35444
motor vehicles and parts and accessories to such devices; crutches	35445
or other devices to aid human perambulation; and items of tangible	35446
personal property used to supplement impaired functions of the	35447
human body such as respiration, hearing, or elimination. No	35448
exemption under this division shall be allowed for nonprescription	35449
drugs, medicines, or remedies; items or devices used to supplement	35450
vision; items or devices whose function is solely or primarily	35451
cosmetic; or physical fitness equipment. This division does not	35452
apply to sales to a physician or medical facility for use in the	35453
treatment of a patient.	35454

(20) Sales of emergency and fire protection vehicles and	35455
equipment to nonprofit organizations for use solely in providing	35456
fire protection and emergency services, including trauma care and	35457
emergency medical services, for political subdivisions of the	35458
state;	35459

(21) Sales of tangible personal property manufactured in	35460
this state, if sold by the manufacturer in this state to a	35461
retailer for use in the retail business of the retailer outside of	35462
this state and if possession is taken from the manufacturer by the	35463
purchaser within this state for the sole purpose of immediately	35464
removing the same from this state in a vehicle owned by the	35465
purchaser;	35466

(22) Sales of services provided by the state or any of its	35467
political subdivisions, agencies, instrumentalities, institutions,	35468
or authorities, or by governmental entities of the state or any of	35469
its political subdivisions, agencies, instrumentalities,	35470
institutions, or authorities;	35471

(23) Sales of motor vehicles to nonresidents of this state	35472
upon the presentation of an affidavit executed in this state by	35473
the nonresident purchaser affirming that the purchaser is a	35474
nonresident of this state, that possession of the motor vehicle is	35475
taken in this state for the sole purpose of immediately removing	35476
it from this state, that the motor vehicle will be permanently	35477
titled and registered in another state, and that the motor vehicle	35478
will not be used in this state;	35479

(24) Sales to persons engaged in the preparation of eggs for	35480
sale of tangible personal property used or consumed directly in	35481
such preparation, including such tangible personal property used	35482
for cleaning, sanitizing, preserving, grading, sorting, and	35483
classifying by size; packages, including material and parts for	35484
packages, and machinery, equipment, and material for use in	35485
packaging eggs for sale; and handling and transportation equipment	35486
and parts therefor, except motor vehicles licensed to operate on	35487
public highways, used in intraplant or interplant transfers or	35488
shipment of eggs in the process of preparation for sale, when the	35489
plant or plants within or between which such transfers or	35490
shipments occur are operated by the same person. "Packages"	35491
includes containers, cases, baskets, flats, fillers, filler flats,	35492
cartons, closure materials, labels, and labeling materials, and	35493
"packaging" means placing therein.	35494

(25)(a) Sales of water to a consumer for residential use,	35495
except the sale of bottled water, distilled water, mineral water,	35496
carbonated water, or ice;	35497

(b) Sales of water by a nonprofit corporation engaged	35498
exclusively in the treatment, distribution, and sale of water to	35499
consumers, if such water is delivered to consumers through pipes	35500
or tubing.	35501

(26) Fees charged for inspection or reinspection of motor	35502
vehicles under section 3704.14 of the Revised Code;	35503

(27) Sales to persons licensed to conduct a food service	35504
operation pursuant to section 3717.43 of the Revised Code, of	35505
tangible personal property primarily used directly for the	35506
following:	35507

(a) To prepare food for human consumption for sale;

35508

(b) To preserve food that has been or will be prepared for	35509
human consumption for sale by the food service operator, not	35510
including tangible personal property used to display food for	35511
selection by the consumer;	35512

(c) To clean tangible personal property used to prepare or	35513
serve food for human consumption for sale.	35514

(28) Sales of animals by nonprofit animal adoption services	35515
or county humane societies;	35516

(29) Sales of services to a corporation described in	35517
division (A) of section 5709.72 of the Revised Code, and sales of	35518
tangible personal property that qualifies for exemption from	35519
taxation under section 5709.72 of the Revised Code;	35520

(30) Sales and installation of agricultural land tile, as	35521
defined in division (B)(5)(a) of section 5739.01 of the Revised	35522
Code;	35523

(31) Sales and erection or installation of portable grain	35524
bins, as defined in division (B)(5)(b) of section 5739.01 of the	35525
Revised Code;	35526

(32) The sale, lease, repair, and maintenance of, parts for,	35527
or items attached to or incorporated in, motor vehicles that are	35528
primarily used for transporting tangible personal property by a	35529
person engaged in highway transportation for hire;	35530

(33) Sales to the state headquarters of any veterans'	35531
organization in Ohio that is either incorporated and issued a	35532
charter by the congress of the United States or is recognized by	35533
the United States veterans administration, for use by the	35534
headquarters;	35535

(34) Sales to a telecommunications service vendor of	35536
tangible personal property and services used directly and	35537
primarily in transmitting, receiving, switching, or recording any	35538
interactive, two-way electromagnetic communications, including	35539
voice, image, data, and information, through the use of any	35540
medium, including, but not limited to, poles, wires, cables,	35541
switching equipment, computers, and record storage devices and	35542
media, and component parts for the tangible personal property.	35543
The exemption provided in division (B)(34) of this section shall	35544
be in lieu of all other exceptions under division (E)(2) of	35545
section 5739.01 of the Revised Code to which a telecommunications	35546
service vendor may otherwise be entitled based upon the use of the	35547
thing purchased in providing the telecommunications service.	35548

(35) Sales of investment metal bullion and investment coins.	35549
"Investment metal bullion" means any elementary precious metal	35550
that has been put through a process of smelting or refining,	35551
including, but not limited to, gold, silver, platinum, and	35552
palladium, and which is in such state or condition that its value	35553
depends upon its content and not upon its form. "Investment metal	35554
bullion" does not include fabricated precious metal that has been	35555
processed or manufactured for one or more specific and customary	35556
industrial, professional, or artistic uses. "Investment coins"	35557
means numismatic coins or other forms of money and legal tender	35558
manufactured of gold, silver, platinum, palladium, or other metal	35559
under the laws of the United States or any foreign nation with a	35560
fair market value greater than any statutory or nominal value of	35561
such coins.	35562

(36)(a) Sales where the purpose of the consumer is to use or	35563
consume the things transferred in making retail sales and	35564
consisting of newspaper inserts, catalogues, coupons, flyers, gift	35565
certificates, or other advertising material that prices and	35566
describes tangible personal property offered for retail sale.	35567

(b) Sales to direct marketing vendors of preliminary	35568
materials such as photographs, artwork, and typesetting that will	35569
be used in printing advertising material; of printed matter that	35570
offers free merchandise or chances to win sweepstake prizes and	35571
that is mailed to potential customers with advertising material	35572
described in division (B)(36)(a) of this section; and of equipment	35573
such as telephones, computers, facsimile machines, and similar	35574
tangible personal property primarily used to accept orders for	35575
direct marketing retail sales.	35576

(c) Sales of automatic food vending machines that preserve	35577
food with a shelf life of forty-five days or less by refrigeration	35578
and dispense it to the consumer.	35579

For purposes of division (B)(36) of this section, "direct	35580
marketing" means the method of selling where consumers order	35581
tangible personal property by United States mail, delivery	35582
service, or telecommunication and the vendor delivers or ships the	35583
tangible personal property sold to the consumer from a warehouse,	35584
catalogue distribution center, or similar fulfillment facility by	35585
means of the United States mail, delivery service, or common	35586
carrier.	35587

(37) Sales to a person engaged in the business of	35588
horticulture or producing livestock of materials to be	35589
incorporated into a horticulture structure or livestock structure;	35590

(38) The sale of a motor vehicle that is used exclusively	35591
for a vanpool ridesharing arrangement to persons participating in	35592
the vanpool ridesharing arrangement when the vendor is selling the	35593
vehicle pursuant to a contract between the vendor and the	35594
department of transportation;	35595

(39) Sales of personal computers, computer monitors,	35596
computer keyboards, modems, and other peripheral computer	35597
equipment to an individual who is licensed or certified to teach	35598
in an elementary or a secondary school in this state for use by	35599
that individual in preparation for teaching elementary or	35600
secondary school students;	35601

(40) Sales to a professional racing team of any of the	35602
following:	35603

(a) Motor racing vehicles;

35604

(b) Repair services for motor racing vehicles;

35605

(c) Items of property that are attached to or incorporated	35606
in motor racing vehicles, including engines, chassis, and all	35607
other components of the vehicles, and all spare, replacement, and	35608
rebuilt parts or components of the vehicles; except not including	35609
tires, consumable fluids, paint, and accessories consisting of	35610
instrumentation sensors and related items added to the vehicle to	35611
collect and transmit data by means of telemetry and other forms of	35612
communication.	35613

(41) Sales of used manufactured homes and used mobile homes,	35614
as defined in section 5739.0210 of the Revised Code, made on or	35615
after January 1, 2000;	35616

(42) Sales of tangible personal property and services to a	35617
provider of electricity used or consumed directly and primarily in	35618
generating, transmitting, or distributing electricity for use by	35619
others, including property that is or is to be incorporated into	35620
and will become a part of the consumer's production, transmission,	35621
or distribution system and that retains its classification as	35622
tangible personal property after incorporation; fuel or power used	35623
in the production, transmission, or distribution of electricity;	35624
and tangible personal property and services used in the repair and	35625
maintenance of the production, transmission, or distribution	35626
system, including only those motor vehicles as are specially	35627
designed and equipped for such use. The exemption provided in	35628
this division shall be in lieu of all other exceptions in division	35629
(E)(2) of section 5739.01 of the Revised Code to which a provider	35630
of electricity may otherwise be entitled based on the use of the	35631
tangible personal property or service purchased in generating,	35632
transmitting, or distributing electricity.	35633

For the purpose of the proper administration of this chapter,	35634
and to prevent the evasion of the tax, it is presumed that all	35635
sales made in this state are subject to the tax until the contrary	35636
is established.	35637

As used in this section, except in division (B)(16) of this	35638
section, "food" includes cereals and cereal products, milk and	35639
milk products including ice cream, meat and meat products, fish	35640
and fish products, eggs and egg products, vegetables and vegetable	35641
products, fruits, fruit products, and pure fruit juices,	35642
condiments, sugar and sugar products, coffee and coffee	35643
substitutes, tea, and cocoa and cocoa products. It does not	35644
include: spirituous or malt liquors; soft drinks; sodas and	35645
beverages that are ordinarily dispensed at bars and soda fountains	35646
or in connection therewith, other than coffee, tea, and cocoa;	35647
root beer and root beer extracts; malt and malt extracts; mineral	35648
oils, cod liver oils, and halibut liver oil; medicines, including	35649
tonics, vitamin preparations, and other products sold primarily	35650
for their medicinal properties; and water, including mineral,	35651
bottled, and carbonated waters, and ice.	35652

(C) The levy of an excise tax on transactions by which	35653
lodging by a hotel is or is to be furnished to transient guests	35654
pursuant to this section and division (B) of section 5739.01 of	35655
the Revised Code does not prevent any of the following:	35656

(1) A municipal corporation or township from levying an	35657
excise tax for any lawful purpose not to exceed three per cent on	35658
transactions by which lodging by a hotel is or is to be furnished	35659
to transient guests in addition to the tax levied by this section.	35660
If a municipal corporation or township repeals a tax imposed under	35661
division (C)(1) of this section and a county in which the	35662
municipal corporation or township has territory has a tax imposed	35663
under division (C) of section 5739.024 of the Revised Code in	35664
effect, the municipal corporation or township may not reimpose its	35665
tax as long as that county tax remains in effect. A municipal	35666
corporation or township in which a tax is levied under division	35667
(B)(2) of section 351.021 of the Revised Code may not increase the	35668
rate of its tax levied under division (C)(1) of this section to	35669
any rate that would cause the total taxes levied under both of	35670
those divisions to exceed three per cent on any lodging	35671
transaction within the municipal corporation or township.	35672

(2) A municipal corporation or a township from levying an	35673
additional excise tax not to exceed three per cent on such	35674
transactions pursuant to division (B) of section 5739.024 of the	35675
Revised Code. Such tax is in addition to any tax imposed under	35676
division (C)(1) of this section.	35677

(3) A county from levying an excise tax pursuant to division	35678
(A) of section 5739.024 of the Revised Code.	35679

(4) A county from levying an excise tax not to exceed three	35680
per cent of such transactions pursuant to division (C) of section	35681
5739.024 of the Revised Code. Such a tax is in addition to any	35682
tax imposed under division (C)(3) of this section.	35683

(5) A convention facilities authority, as defined in	35684
division (A) of section 351.01 of the Revised Code, from levying	35685
the excise taxes provided for in division (B) of section 351.021	35686
of the Revised Code.	35687

(6) A county from levying an excise tax not to exceed one	35688
and one-half per cent of such transactions pursuant to division	35689
(D) of section 5739.024 of the Revised Code. Such tax is in	35690
addition to any tax imposed under division (C)(3) or (4) of this	35691
section.	35692

(7) A county from levying an excise tax not to exceed one	35693
and one-half per cent of such transactions pursuant to division	35694
(E) of section 5739.024 of the Revised Code. Such a tax is in	35695
addition to any tax imposed under division (C)(3), (4), or (6) of	35696
this section.	35697

(D) The levy of this tax on retail sales of recreation and	35698
sports club service shall not prevent a municipal corporation from	35699
levying any tax on recreation and sports club dues or on any	35700
income generated by recreation and sports club dues.	35701

Sec. 5739.024.  (A)(1) A board of county commissioners may,	35702
by resolution adopted by a majority of the members of the board,	35703
levy an excise tax not to exceed three per cent on transactions by	35704
which lodging by a hotel is or is to be furnished to transient	35705
guests. The board shall establish all regulations necessary to	35706
provide for the administration and allocation of the tax. The	35707
regulations may prescribe the time for payment of the tax, and may	35708
provide for the imposition of a penalty or interest, or both, for	35709
late payments, provided that the penalty does not exceed ten per	35710
cent of the amount of tax due, and the rate at which interest	35711
accrues does not exceed the rate per annum prescribed pursuant to	35712
section 5703.47 of the Revised Code. Except as otherwise provided	35713
in divisions (A)(2) and (3) of this section, the regulations shall	35714
provide, after deducting the real and actual costs of	35715
administering the tax, for the return to each municipal	35716
corporation or township that does not levy an excise tax on such	35717
transactions, a uniform percentage of the tax collected in the	35718
municipal corporation or in the unincorporated portion of the	35719
township from each such transaction, not to exceed thirty-three	35720
and one-third per cent. The remainder of the revenue arising from	35721
the tax shall be deposited in a separate fund and shall be spent	35722
solely to make contributions to the convention and visitors'	35723
bureau operating within the county, including a pledge and	35724
contribution of any portion of such remainder pursuant to an	35725
agreement authorized by section 307.695 of the Revised Code.	35726
Except as otherwise provided under in division (A)(2) or (3) of	35727
this section, on and after May 10, 1994, a board of county	35728
commissioners may not levy an excise tax pursuant to this division	35729
in any municipal corporation or township located wholly or partly	35730
within the county that has in effect an ordinance or resolution	35731
levying an excise tax pursuant to division (B) of this section.	35732
The board of a county that has levied a tax under division (C) of	35733
this section may, by resolution adopted within ninety days after	35734
July 15, 1985, by a majority of the members of the board, amend	35735
the resolution levying a tax under this division to provide for a	35736
portion of that tax to be pledged and contributed in accordance	35737
with an agreement entered into under section 307.695 of the	35738
Revised Code. A tax, any revenue from which is pledged pursuant	35739
to such an agreement, shall remain in effect at the rate at which	35740
it is imposed for the duration of the period for which the revenue	35741
therefrom has been so pledged.	35742

(2) A board of county commissioners that levies an excise	35743
tax under division (A)(1) of this section on June 30, 1997, at a	35744
rate of three per cent, and that has pledged revenue from the tax	35745
to an agreement entered into under section 307.695 of the Revised	35746
Code, may amend the resolution levying that tax to provide for an	35747
increase in the rate of the tax up to five per cent on each	35748
transaction; to provide that revenue from the increase in the rate	35749
shall be spent solely to make contributions to the convention and	35750
visitors' bureau operating within the county to be used	35751
specifically for promotion, advertising, and marketing of the	35752
region in which the county is located; to provide that the rate in	35753
excess of the three per cent levied under division (A)(1) of this	35754
section shall remain in effect at the rate at which it is imposed	35755
for the duration of the period during which any agreement is in	35756
effect that was entered into under section 307.695 of the Revised	35757
Code by the board of county commissioners levying a tax under	35758
division (A)(1) of this section; and to provide that no portion of	35759
that revenue need be returned to townships or municipal	35760
corporations as would otherwise be required under division (A)(1)	35761
of this section.	35762

(3) A board of county commissioners that levies a tax under	35763
division (A)(1) of this section on March 18, 1999, at a rate of	35764
three per cent may, by resolution adopted not later than	35765
forty-five days after March 18, 1999, amend the resolution	35766
levying the tax to provide for all of the following:	35767

(a) That the rate of the tax shall be increased by not more	35768
than an additional four per cent on each transaction;	35769

(b) That all of the revenue from the increase in rate shall	35770
be pledged and contributed to a convention facilities authority	35771
established by the board of county commissioners under Chapter	35772
351. of the Revised Code on or before November 15, 1998, and used	35773
to pay costs of constructing, maintaining, operating, and	35774
promoting a facility in the county, including paying bonds, or	35775
notes issued in anticipation of bonds, as provided by that	35776
chapter;	35777

(c) That no portion of the revenue arising from the increase	35778
in rate need be returned to municipal corporations or townships as	35779
otherwise required under division (A)(1) of this section;	35780

(d) That the increase in rate shall not be subject to	35781
diminution by initiative or referendum or by law while any bonds,	35782
or notes in anticipation of bonds, issued by the authority under	35783
Chapter 351. of the Revised Code to which the revenue is pledged	35784
remain outstanding in accordance with their terms, unless	35785
provision is made by law or by the board of county commissioners	35786
for an adequate substitute therefor that is satisfactory to the	35787
trustee if a trust agreement secures the bonds.	35788

Division (A)(3) of this section does not apply to the board	35789
of county commissioners of any county in which a convention center	35790
or facility exists or is being constructed on November 15, 1998,	35791
or of any county in which a convention facilities authority levies	35792
a tax pursuant to section 351.021 of the Revised Code on that	35793
date.	35794

As used in division (A)(3) of this section, "costs" and	35795
"facility" have the same meanings as in section 351.01 of the	35796
Revised Code, and "convention center" has the same meaning as in	35797
section 307.695 of the Revised Code.	35798

(B) The legislative authority of a municipal corporation or	35799
the board of trustees of a township that is not wholly or partly	35800
located in a county that has in effect a resolution levying an	35801
excise tax pursuant to division (A)(1) of this section may by	35802
ordinance or resolution levy an excise tax not to exceed three per	35803
cent on transactions by which lodging by a hotel is or is to be	35804
furnished to transient guests. The legislative authority of the	35805
municipal corporation or township shall deposit at least fifty per	35806
cent of the revenue from the tax levied pursuant to this division	35807
into a separate fund, which shall be spent solely to make	35808
contributions to convention and visitors' bureaus operating within	35809
the county in which the municipal corporation or township is	35810
wholly or partly located, and the balance of such revenue shall be	35811
deposited in the general fund. The municipal corporation or	35812
township shall establish all regulations necessary to provide for	35813
the administration and allocation of the tax. The regulations may	35814
prescribe the time for payment of the tax, and may provide for the	35815
imposition of a penalty or interest, or both, for late payments,	35816
provided that the penalty does not exceed ten per cent of the	35817
amount of tax due, and the rate at which interest accrues does not	35818
exceed the rate per annum prescribed pursuant to section 5703.47	35819
of the Revised Code. The levy of a tax under this division is in	35820
addition to any tax imposed on the same transaction by a municipal	35821
corporation or a township as authorized by division (C)(1) of	35822
section 5739.02 of the Revised Code.	35823

(C) For the purpose of making the payments authorized by	35824
section 307.695 of the Revised Code to construct and equip a	35825
convention center in the county and to cover the costs of	35826
administering the tax, a board of county commissioners of a county	35827
where a tax imposed under division (A)(1) of this section is in	35828
effect may, by resolution adopted within ninety days after July	35829
15, 1985, by a majority of the members of the board, levy an	35830
additional excise tax not to exceed three per cent on transactions	35831
by which lodging by a hotel is or is to be furnished to transient	35832
guests. The tax authorized by this division shall be in addition	35833
to any tax that is levied pursuant to division (A) of this	35834
section, but it shall not apply to transactions subject to a tax	35835
levied by a municipal corporation or township pursuant to the	35836
authorization granted by division (C)(1) of section 5739.02 of the	35837
Revised Code. The board shall establish all regulations necessary	35838
to provide for the administration and allocation of the tax. The	35839
regulations may prescribe the time for payment of the tax, and may	35840
provide for the imposition of a penalty or interest, or both, for	35841
late payments, provided that the penalty does not exceed ten per	35842
cent of the amount of tax due, and the rate at which interest	35843
accrues does not exceed the rate per annum prescribed pursuant to	35844
section 5703.47 of the Revised Code. All revenues arising from	35845
the tax shall be expended in accordance with section 307.695 of	35846
the Revised Code. A tax imposed under this section shall remain	35847
in effect at the rate at which it is imposed for the duration of	35848
the period for which the revenue therefrom has been pledged	35849
pursuant to such section.	35850

(D) For the purpose of providing contributions under	35851
division (B)(1) of section 307.671 of the Revised Code to enable	35852
the acquisition, construction, and equipping of a port authority	35853
educational and cultural facility in the county and, to the extent	35854
provided for in the cooperative agreement authorized by that	35855
section, for the purpose of paying debt service charges on bonds,	35856
or notes in anticipation thereof, described in division (B)(1)(b)	35857
of that section, a board of county commissioners, by resolution	35858
adopted within ninety days after December 22, 1992, by a majority	35859
of the members of the board, may levy an additional excise tax not	35860
to exceed one and one-half per cent on transactions by which	35861
lodging by a hotel is or is to be furnished to transient guests.	35862
The excise tax authorized by this division shall be in addition to	35863
any tax that is levied pursuant to divisions (A), (B), and (C) of	35864
this section, to any excise tax levied pursuant to division (C) of	35865
section 5739.02 of the Revised Code, and to any excise tax levied	35866
pursuant to section 351.021 of the Revised Code. The board of	35867
county commissioners shall establish all regulations necessary to	35868
provide for the administration and allocation of the tax that are	35869
not inconsistent with this section or section 307.671 of the	35870
Revised Code. The regulations may prescribe the time for payment	35871
of the tax, and may provide for the imposition of a penalty or	35872
interest, or both, for late payments, provided that the penalty	35873
does not exceed ten per cent of the amount of tax due, and the	35874
rate at which interest accrues does not exceed the rate per annum	35875
prescribed pursuant to section 5703.47 of the Revised Code. All	35876
revenues arising from the tax shall be expended in accordance with	35877
section 307.671 of the Revised Code and division (D) of this	35878
section. The levy of a tax imposed under this section may not	35879
commence prior to the first day of the month next following the	35880
execution of the cooperative agreement authorized by section	35881
307.671 of the Revised Code by all parties to that agreement. Such	35882
tax shall remain in effect at the rate at which it is imposed for	35883
the period of time described in division (C) of section 307.671 of	35884
the Revised Code for which the revenue from the tax has been	35885
pledged by the county to the corporation pursuant to such section,	35886
but, to any extent provided for in the cooperative agreement, for	35887
no lesser period than the period of time required for payment of	35888
the debt service charges on bonds, or notes in anticipation	35889
thereof, described in division (B)(1)(b) of that section.	35890

(E) For the purpose of paying the costs of acquiring,	35891
constructing, equipping, and improving a municipal educational and	35892
cultural facility, including debt service charges on bonds	35893
provided for in division (B) of section 307.672 of the Revised	35894
Code, and for such additional purposes as are determined by the	35895
county in the resolution levying the tax or amendments thereto,	35896
including subsequent amendments providing for paying costs of	35897
acquiring, constructing, renovating, rehabilitating, equipping,	35898
and improving a port authority educational and cultural performing	35899
arts facility, as defined in section 307.674 of the Revised Code,	35900
including debt service charges on bonds provided for in division	35901
(B) of section 307.674 of the Revised Code, the legislative	35902
authority of a county, by resolution adopted within ninety days	35903
after June 30, 1993, by a majority of the members of the	35904
legislative authority, may levy an additional excise tax not to	35905
exceed one and one-half per cent on transactions by which lodging	35906
by a hotel is or is to be furnished to transient guests. The	35907
excise tax authorized by this division shall be in addition to any	35908
tax that is levied pursuant to divisions (A), (B), (C), and (D) of	35909
this section, to any excise tax levied pursuant to division (C) of	35910
section 5739.02 of the Revised Code, and to any excise tax levied	35911
pursuant to section 351.021 of the Revised Code. The legislative	35912
authority of the county shall establish all regulations necessary	35913
to provide for the administration and allocation of the tax. The	35914
regulations may prescribe the time for payment of the tax, and may	35915
provide for the imposition of a penalty or interest, or both, for	35916
late payments, provided that the penalty does not exceed ten per	35917
cent of the amount of tax due, and the rate at which interest	35918
accrues does not exceed the rate per annum prescribed pursuant to	35919
section 5703.47 of the Revised Code. All revenues arising from the	35920
tax shall be expended in accordance with section 307.672 of the	35921
Revised Code and division (E) of this section. The levy of a tax	35922
imposed under this division shall not commence prior to the first	35923
day of the month next following the execution of the cooperative	35924
agreement authorized by section 307.672 of the Revised Code by all	35925
parties to that agreement. Such tax shall remain in effect at the	35926
rate at which it is imposed for the period of time determined by	35927
the legislative authority of the county, but not to exceed fifteen	35928
years.	35929

(F) The legislative authority of a county that has levied a	35930
tax under division (E) of this section may, by resolution adopted	35931
within one hundred eighty days after the effective date of this	35932
amendment January 4, 2001, by a majority of the members of the	35933
legislative authority, amend the resolution levying a tax under	35934
division (E) of this section to provide for the use of the	35935
proceeds of that tax, to the extent that it is no longer needed	35936
for its original purpose as determined by the parties to a	35937
cooperative agreement amendment pursuant to division (D) of	35938
section 307.672 of the Revised Code, to pay costs of acquiring,	35939
constructing, renovating, rehabilitating, equipping, and improving	35940
a port authority educational and cultural performing arts	35941
facility, including debt service charges on bonds provided for in	35942
division (B) of section 307.674 of the Revised Code, and to pay	35943
all obligations under any guaranty agreements, reimbursement	35944
agreements, or other credit enhancement agreements described in	35945
division (C) of section 307.674 of the Revised Code. The	35946
resolution may also provide for the extension of the tax at the	35947
same rate for the longer of the period of time determined by the	35948
legislative authority of the county, but not to exceed an	35949
additional twenty-five years, or the period of time required to	35950
pay all debt service charges on bonds provided for in division (B)	35951
of section 307.672 of the Revised Code and on port authority	35952
revenue bonds provided for in division (B) of section 307.674 of	35953
the Revised Code. All revenues arising from the amendment and	35954
extension of the tax shall be expended in accordance with section	35955
307.674 of the Revised Code and divisions (E) and (F) of this	35956
section.	35957

(G) A board of county commissioners, board of township	35958
trustees, or the legislative authority of a municipal corporation	35959
may adopt a resolution or ordinance at any time specifying that	35960
"hotel," as otherwise defined in section 5739.01 of the Revised	35961
Code, includes establishments in which fewer than five rooms are	35962
used for the accommodation of guests. The resolution or ordinance	35963
may apply to a tax imposed pursuant to this section prior to the	35964
adoption of the resolution or ordinance if the resolution or	35965
ordinance so states, but the tax shall not apply to transactions	35966
by which lodging by such an establishment is provided to transient	35967
guests prior to the adoption of the resolution or ordinance.	35968

Sec. 5747.122.  (A) The tax commissioner, in accordance with	35969
section 5101.184 of the Revised Code, shall cooperate with the	35970
director of job and family services to collect overpayments of	35971
assistance under Chapter 5107., 5111., or 5115., former Chapter	35972
5113., or sections section 5101.54 to 5101.543 of the Revised Code	35973
from refunds of state income taxes for taxable year 1992 and	35974
thereafter that are payable to the recipients of such	35975
overpayments.	35976

(B) At the request of the department of job and family	35977
services in connection with the collection of an overpayment of	35978
assistance from a refund of state income taxes pursuant to this	35979
section and section 5101.184 of the Revised Code, the tax	35980
commissioner shall release to the department the home address and	35981
social security number of any recipient of assistance whose	35982
overpayment may be collected from a refund of state income taxes	35983
under those sections.	35984

(C) In the case of a joint income tax return for two people	35985
who were not married to each other at the time one of them	35986
received an overpayment of assistance, only the portion of a	35987
refund that is due to the recipient of the overpayment shall be	35988
available for collection of the overpayment under this section and	35989
section 5101.184 of the Revised Code. The tax commissioner shall	35990
determine such portion. A recipient's spouse who objects to the	35991
portion as determined by the commissioner may file a complaint	35992
with the commissioner within twenty-one days after receiving	35993
notice of the collection, and the commissioner shall afford the	35994
spouse an opportunity to be heard on the complaint. The	35995
commissioner shall waive or extend the twenty-one-day period if	35996
the recipient's spouse establishes that such action is necessary	35997
to avoid unjust, unfair, or unreasonable results. After the	35998
hearing, the commissioner shall make a final determination of the	35999
portion of the refund available for collection of the overpayment.	36000

(D) The welfare overpayment intercept fund is hereby created	36001
in the state treasury. The tax commissioner shall deposit amounts	36002
collected from income tax refunds under this section to the credit	36003
of the welfare overpayment intercept fund. The director of job and	36004
family services shall distribute money in the fund in accordance	36005
with appropriate federal or state laws and procedures regarding	36006
collection of welfare overpayments.	36007

Sec. 5747.221.  For (A) As used in this section, "investment	36008
pass-through entity" has the same meaning as in section 5733.401	36009
of the Revised Code.	36010

(B) Except as provided in division (C) of this section, for	36011
the purposes of sections 5747.20, 5747.21, and 5747.22 of the	36012
Revised Code, no item of income or deduction shall be allocated or	36013
apportioned to this state to the extent that such item represents	36014
or relates to the portion of an adjusted qualifying amount for	36015
which the withholding tax is not imposed under section 5747.41 of	36016
the Revised Code by reason of division (C) of section 5733.401 of	36017
the Revised Code. This section shall be applied without regard to	36018
division (I) of section 5733.40 of the Revised Code.	36019

(C) If a taxpayer has a direct or indirect investment in an	36020
investment pass-through entity that has a direct or indirect	36021
investment in any other pass-through entity, division (B) of this	36022
section does not apply to any item of income, gain, deduction, or	36023
loss where, under section 5747.231 of the Revised Code, the item	36024
is directly or indirectly attributable to either of the following:	36025

(1) A distributive share of income or gain from a	36026
pass-through entity that does not qualify as an investment	36027
pass-through entity;	36028

(2) A pass-through entity's income or gain to which	36029
division (C) of section 5733.401 of the Revised Code does not	36030
apply.	36031

An indirect investment includes any interest that a person	36032
constructively owns on account of the attribution rules set forth	36033
in section 267, 318, or 1563 of the Internal Revenue Code.	36034

Sec. 5747.39.  As used in this section, "eligible employee"	36035
and "eligible training costs" have the same meanings as in section	36036
5733.42 of the Revised Code, and "pass-through entity" includes a	36037
sole proprietorship.	36038

For taxable years beginning after December 31, 2000 2002,	36039
there is hereby allowed a nonrefundable credit against the tax	36040
imposed by section 5747.02 of the Revised Code for a taxpayer that	36041
is an investor in a pass-through entity for which a tax credit	36042
certificate is issued under section 5733.42 of the Revised Code.	36043
The amount of eligible training costs for which a credit may be	36044
claimed by all taxpayers that are investors in an entity shall	36045
equal one-half of the average of the eligible training costs	36046
incurred by the entity during the three calendar years that end in	36047
the taxable year for which the credit is claimed, but shall not	36048
exceed one thousand dollars for each eligible employee on account	36049
of whom such costs were paid or incurred by the entity, and the	36050
total amount of credits that may be claimed by all such taxpayers	36051
shall not exceed one hundred thousand dollars each year. Each	36052
taxpayer's credit shall be claimed for the taxpayer's taxable year	36053
that includes the last day of the third calendar year of the	36054
three-year period during which eligible training costs are paid or	36055
incurred by the entity. The credit may be claimed for eligible	36056
training costs paid or incurred on or before December 31, 2003	36057
2005. The amount of a taxpayer's credit shall equal the taxpayer's	36058
interest in the entity on the last day of the third calendar year	36059
of the three-year period ending in or with the last day of the	36060
taxpayer's taxable year, multiplied by the credit available to the	36061
entity as computed by the entity.	36062

The credit shall be claimed in the order prescribed by	36063
section 5747.98 of the Revised Code. A taxpayer may carry forward	36064
the credit to the extent that the taxpayer's credit exceeds the	36065
taxpayer's tax due after allowing for any other credits that	36066
precede the credit allowed by this section in the order prescribed	36067
by section 5747.98 of the Revised Code. The taxpayer may carry	36068
the excess credit forward for three taxable years following the	36069
taxable year for which the taxpayer first claims the credit under	36070
this section.	36071

A pass-through entity shall apply to the director of job and	36072
family services for a tax credit certificate in the manner	36073
prescribed by division (C) of section 5733.42 of the Revised Code.	36074
Divisions (C) to (H) of that section govern the tax credit allowed	36075
by this section, except that "taxable year" shall be substituted	36076
for "tax year" wherever that phrase appears in those divisions,	36077
and that "pass-through entity" shall be substituted for "taxpayer"	36078
wherever "taxpayer" appears in those divisions.	36079

Sec. 6101.25.  The board of directors of a conservancy	36080
district may construct, improve, operate, maintain, and protect	36081
parks, parkways, forest preserves, bathing beaches, playgrounds,	36082
and other recreational facilities upon the lands owned or	36083
controlled by the district, or upon lands located within the	36084
district owned or controlled by the United States government or	36085
any department of it, by this state or any department or division	36086
of it, or by any political subdivision, if authorized by lease,	36087
contract, or other arrangements with the appropriate agency of	36088
government having ownership or control. The board may acquire by	36089
lease, purchase, or appropriation property additional to that	36090
required for the purposes for which the district was incorporated,	36091
in order to provide for the protection, more adequate development,	36092
and fuller public use and enjoyment of the improvements and	36093
facilities. The board may impose and collect charges for the use	36094
of the properties, improvements, and facilities maintained or	36095
operated by the district for recreational purposes. Moneys	36096
collected from these charges may be used to promote the district's	36097
recreational facilities.	36098

In case the revenues derived or to be derived from the	36099
properties, improvements, and facilities maintained, operated,	36100
used, or acquired by the district for recreational purposes are	36101
not sufficient for the purposes of this section, the board, with	36102
the approval of the court, may provide for the payment of	36103
obligations incurred under this section by the levy of special	36104
assessments upon all the taxable property of the district and upon	36105
public corporations having lands within the district.	36106

In no case shall the obligations incurred under this section	36107
be paid from the proceeds of special assessments levied under	36108
section 6101.48 or 6101.53 of the Revised Code, or of bonds or	36109
notes issued in anticipation of them. After special assessments	36110
against the taxable property and public corporations are approved	36111
by the court, the board of appraisers of the conservancy district	36112
shall appraise the benefits to be conferred on each parcel of	36113
taxable property and public corporation by reason of the	36114
acquisition and construction of the properties and improvements	36115
authorized by the board of directors under this section, and shall	36116
appraise the damages accruing to persons and public corporations	36117
from the improvements. The provisions of this chapter that refer	36118
to the determination of benefits and damages apply to the	36119
appraisals made under this section, but they shall be separate	36120
from other appraisals of benefits and damages made under this	36121
chapter, and separate records of them shall be prepared. After the	36122
appraisal of benefits has been approved by the court, and within	36123
the amount of benefits so determined, the board of directors may	36124
levy assessments on the taxable property and public corporations	36125
benefited to pay the cost of the properties and improvements	36126
acquired and constructed under this section, and may issue bonds	36127
and notes in anticipation of the collection of these assessments.	36128
In addition, the board of directors may annually levy a	36129
maintenance assessment for the purposes of this section on the	36130
taxable property and public corporations upon the basis of total	36131
appraised benefits. The provisions of this chapter that relate to	36132
assessments for district purposes and to bonds and notes issued in	36133
anticipation of the assessments apply to the assessments	36134
authorized under this section and the bonds and notes issued in	36135
anticipation of the assessments. Improvement, bond retirement,	36136
and maintenance funds shall be established for recreational	36137
purposes in conformity with section 6101.44 of the Revised Code,	36138
which shall be separate from one another and from other funds of	36139
the district, and no transfers shall be made to them from the	36140
other funds of the district. The proceeds of all bonds, notes,	36141
and assessments authorized by this section and all receipts	36142
derived from the recreational properties, improvements, and	36143
facilities owned, controlled, operated, or maintained by the	36144
district shall be paid into those funds, and all expenditures in	36145
accordance with this section shall be made from them.	36146

Sec. 6109.13.  No official, officer, or employee in charge of	36147
or being employed in the maintenance and operation of a public	36148
water system and no other person, or firm, or corporation shall	36149
establish or permit to be established any connection whereby water	36150
from a private, auxiliary, or emergency water system may enter the	36151
public water system, unless such the private, auxiliary, or	36152
emergency water system, and the method of connection and use of	36153
such the system, has have been approved by the environmental	36154
protection agency. However, a backflow prevention device shall not	36155
be required when a physical separation exists between the public	36156
water system and the private, auxiliary, or emergency water	36157
system.	36158

As used in this section:

36159

(A) "Backflow prevention device" means any device, method,	36160
or type of construction that is intended to prevent backflow into	36161
a potable water sytem.	36162

(B) "Physical separation" means that there is no direct or	36163
indirect connection between a public water system and a private,	36164
auxiliary, or emergency water system.	36165

Sec. 6109.21.  (A) Except as provided in divisions (D) and	36166
(E) of this section, on and after January 1, 1994, no person shall	36167
operate or maintain a public water system in this state without a	36168
license issued by the director of environmental protection. A	36169
person who operates or maintains a public water system on January	36170
1, 1994, shall obtain an initial license under this section in	36171
accordance with the following schedule:	36172

(1) If the public water system is a community water system,	36173
not later than January 31, 1994;	36174

(2) If the public water system is not a community water	36175
system and serves a nontransient population, not later than	36176
January 31, 1994;	36177

(3) If the public water system is not a community water	36178
system and serves a transient population, not later than January	36179
31, 1995.	36180

A person proposing to operate or maintain a new public water	36181
system after January 1, 1994, in addition to complying with	36182
section 6109.07 of the Revised Code and rules adopted under it,	36183
shall submit an application for an initial license under this	36184
section to the director prior to commencing operation of the	36185
system.	36186

A license or license renewal issued under this section shall	36187
be renewed annually. Such a license or license renewal shall	36188
expire on the thirtieth day of January in the year following its	36189
issuance. A license holder that proposes to continue operating	36190
the public water system for which the license or license renewal	36191
was issued shall apply for a license renewal at least thirty days	36192
prior to that expiration date.	36193

The director shall adopt, and may amend and rescind, rules in	36194
accordance with Chapter 119. of the Revised Code establishing	36195
procedures governing and information to be included on	36196
applications for licenses and license renewals under this section.	36197
Through June 30, 2002 2004, each application shall be accompanied	36198
by the appropriate fee established under division (M) of section	36199
3745.11 of the Revised Code, provided that an applicant for an	36200
initial license who is proposing to operate or maintain a new	36201
public water system after January 1, 1994, shall submit a fee that	36202
equals a prorated amount of the appropriate fee established under	36203
that division for the remainder of the licensing year.	36204

(B) Not later than thirty days after receiving a completed	36205
application and the appropriate license fee for an initial license	36206
under division (A) of this section, the director shall issue the	36207
license for the public water system. Not later than thirty days	36208
after receiving a completed application and the appropriate	36209
license fee for a license renewal under division (A) of this	36210
section, the director shall do one of the following:	36211

(1) Issue the license renewal for the public water system;

36212

(2) Issue the license renewal subject to terms and	36213
conditions that the director determines are necessary to ensure	36214
compliance with this chapter and rules adopted under it;	36215

(3) Deny the license renewal if the director finds that the	36216
public water system was not operated in substantial compliance	36217
with this chapter and rules adopted under it.	36218

(C) The director may suspend or revoke a license or license	36219
renewal issued under this section if the director finds that the	36220
public water system was not operated in substantial compliance	36221
with this chapter and rules adopted under it. The director shall	36222
adopt, and may amend and rescind, rules in accordance with Chapter	36223
119. of the Revised Code governing such suspensions and	36224
revocations.	36225

(D)(1) As used in division (D) of this section, "church"	36226
means a fellowship of believers, congregation, society,	36227
corporation, convention, or association that is formed primarily	36228
or exclusively for religious purposes and that is not formed or	36229
operated for the private profit of any person.	36230

(2) This section does not apply to a church that operates or	36231
maintains a public water system solely to provide water for that	36232
church or for a campground that is owned by the church and	36233
operated primarily or exclusively for members of the church and	36234
their families. A church that, on or before March 5, 1996, has	36235
obtained a license under this section for such a public water	36236
system need not obtain a license renewal under this section.	36237

(E) This section does not apply to any public or nonpublic	36238
school that meets minimum standards of the state board of	36239
education that operates or maintains a public water system solely	36240
to provide water for that school.	36241

Sec. 6111.035.  (A) The director of environmental	36242
protection, consistent with the Federal Water Pollution Control	36243
Act and the regulations adopted thereunder, without application	36244
therefor, may issue, modify, revoke, or terminate a general permit	36245
under this chapter for both of the following:	36246

(1) Discharge of stormwater; the discharge of liquids,	36247
sediments, solids, or water-borne mining related waste, such as,	36248
but not limited to, acids, metallic cations, or their salts, from	36249
coal mining and reclamation operations as defined in section	36250
1513.01 of the Revised Code; or treatment works whose discharge	36251
would have de minimis impact on the waters of the state receiving	36252
the discharge;	36253

(2) Installation or modification of disposal systems or any	36254
parts thereof, including disposal systems for stormwater or for	36255
coal mining and reclamation operations as defined in section	36256
1513.01 of the Revised Code.	36257

A general permit shall apply to a class or category of	36258
discharges or disposal systems or to persons conducting similar	36259
activities, within any area of the state, including the entire	36260
state.	36261

A general permit shall not be issued unless the director	36262
determines that the discharges authorized by the permit will have	36263
only minimal cumulative adverse effects on the environment when	36264
the discharges are considered collectively and individually and	36265
if, in the opinion of the director, the discharges, installations,	36266
or modifications authorized by the permit are more appropriately	36267
authorized by a general permit than by an individual permit.	36268

A general permit shall be issued subject to applicable	36269
mandatory provisions and may be issued subject to any applicable	36270
permissive provision of the Federal Water Pollution Control Act	36271
and the regulations adopted thereunder.	36272

The director, at the director's discretion, may require any	36273
person authorized to discharge or to install or modify a disposal	36274
system under a general permit to apply for and obtain an	36275
individual permit for the discharge, installation, or	36276
modification. When a particular discharge, installation, or	36277
modification is subject to an individual permit, a general permit	36278
shall not apply to that discharge, installation, or modification	36279
until the individual permit is revoked, terminated, or modified to	36280
exclude the discharge, installation, or modification.	36281

(B) Notwithstanding any requirement under Chapter 119. of	36282
the Revised Code concerning the manner in which notice of a permit	36283
action is provided, the director shall not be required to provide	36284
certified mail notice to persons subject to the issuance,	36285
modification, revocation, or termination of a general permit under	36286
division (A) of this section.	36287

Notwithstanding section 3745.07 of the Revised Code	36288
concerning the location of newspapers in which notices of permit	36289
actions are published, the director shall cause notice of the	36290
issuance, modification, revocation, or termination of a general	36291
permit to be published in the newspapers of general circulation	36292
determined by the director to provide reasonable notice to persons	36293
affected by the permit action in the geographic area covered by	36294
the general permit within the time periods prescribed by section	36295
3745.07 of the Revised Code. Any notice under this section or	36296
section 3745.07 of the Revised Code concerning the issuance,	36297
modification, revocation, or termination of a general permit shall	36298
include a summary of the permit action and instructions on how to	36299
obtain a copy of the full text of the permit action. The director	36300
may take other appropriate measures, such as press releases and	36301
notice to trade journals, associations, and other persons known to	36302
the director to desire notification, in order to provide notice of	36303
the director's actions concerning the issuance, modification,	36304
revocation, or termination of a general permit; however, the	36305
failure to provide such notice shall not invalidate any general	36306
permit.	36307

(C) Notwithstanding any other provision of the Revised Code,	36308
a person subject to the proposed issuance, modification,	36309
revocation, or termination of a general permit under division (A)	36310
of this section may request an adjudication hearing pursuant to	36311
section 119.07 of the Revised Code concerning the proposed action	36312
within thirty days after publication of the notice of the proposed	36313
action in newspapers of general circulation pursuant to division	36314
(B) of this section. This division shall not be interpreted to	36315
affect the authority of the director to take actions on general	36316
permits in forms other than proposed general permits.	36317

(D) The director may exercise all incidental powers required	36318
to carry out this section, including, without limitation, the	36319
adoption, amendment, and rescission of rules to implement a	36320
general permit program for classes or categories of dischargers or	36321
disposal systems.	36322

(E) On and after the date on which the United States	36323
environmental protection agency approves the NPDES program	36324
submitted by the director of agriculture under section 903.08 of	36325
the Revised Code, this section does not apply to storm water from	36326
an animal feeding facility, as defined in section 903.01 of the	36327
Revised Code, or to manure, as defined in that section.	36328

(F) As used in this section, "Federal Water Pollution	36329
Control Act" means the "Federal Water Pollution Control Act	36330
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by	36331
the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251,	36332
the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254,	36333
the "Municipal Wastewater Treatment Construction Grant Amendments	36334
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality	36335
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.	36336

Section 2. That existing sections 9.06, 9.821, 9.822,	36337
102.02, 103.143, 105.41, 111.16, 111.18, 111.23, 111.25, 118.08,	36338
120.06, 120.16, 120.26, 120.33, 121.40, 122.011, 122.71, 122.76,	36339
122.92, 125.22, 126.11, 126.21, 127.16, 131.01, 133.021, 133.06,	36340
133.07, 140.01, 166.03, 169.01, 173.40, 175.22, 179.02, 179.03,	36341
179.04, 181.51, 181.52, 181.54, 181.56, 183.09, 183.10, 183.17,	36342
301.27, 325.071, 329.042, 349.01, 503.162, 504.03, 504.04, 505.24,	36343
507.09, 901.43, 901.63, 901.81, 901.82, 917.07, 917.99, 1309.40,	36344
1309.401, 1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07,	36345
1329.42, 1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601,	36346
1501.01, 1501.40, 1503.011, 1507.01, 1509.071, 1514.11, 1521.04,	36347
1531.35, 1533.13, 1547.67, 1561.26, 1701.05, 1701.07, 1701.81,	36348
1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041, 1703.15,	36349
1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38, 1705.55,	36350
1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10, 1775.63,	36351
1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06, 1901.26,	36352
1907.24, 2151.34, 2303.201, 2317.02, 2317.022, 2329.66, 2715.041,	36353
2715.045, 2716.13, 2921.13, 2949.091, 2953.21, 3109.14, 3301.075,	36354
3301.70, 3301.80, 3311.057, 3313.37, 3313.41, 3313.603, 3313.608,	36355
3313.64, 3314.07, 3314.08, 3314.09, 3317.01, 3317.012, 3317.013,	36356
3317.014, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,	36357
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,	36358
3317.051, 3317.064, 3317.11, 3317.13, 3317.16, 3317.161,	36359
3317.162, 3317.19, 3317.20, 3318.04, 3318.05, 3318.052, 3318.06,	36360
3318.08, 3318.12, 3318.31, 3318.36, 3318.362, 3318.37, 3318.38,	36361
3319.19, 3321.01, 3323.09, 3323.091, 3333.02, 3333.03, 3333.043,	36362
3333.12, 3333.13, 3333.21, 3333.22, 3383.01, 3383.02, 3383.04,	36363
3383.07, 3701.142, 3702.68, 3721.07, 3721.12, 3721.16, 3721.17,	36364
3734.57, 3734.82, 3734.901, 3745.014, 3745.04, 3745.11, 3745.22,	36365
3750.02, 3769.08, 3769.20, 3770.06, 3793.04, 3902.23, 3923.28,	36366
3923.30, 4105.17, 4115.10, 4121.44, 4123.27, 4301.43, 4504.05,	36367
4511.81, 4701.10, 4701.16, 4713.10, 4715.03, 4715.13, 4715.14,	36368
4715.16, 4715.21, 4715.24, 4715.27, 4717.02, 4717.07, 4717.08,	36369
4717.09, 4723.08, 4723.79, 4731.14, 4731.53, 4736.12, 4736.14,	36370
4743.05, 4775.01, 4775.02, 4775.08, 4775.99, 5101.071, 5101.14,	36371
5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.521,	36372
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 5103.031,	36373
5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0316, 5103.07,	36374
5107.02, 5107.10, 5107.14, 5107.18, 5108.01, 5108.06, 5108.07,	36375
5108.08, 5108.09, 5108.10, 5111.01, 5111.041, 5111.17, 5111.20,	36376
5111.22, 5111.23, 5111.231, 5111.25, 5111.251, 5111.255, 5111.28,	36377
5111.29, 5111.34, 5111.58, 5111.87, 5119.01, 5119.06, 5119.61,	36378
5123.01, 5123.041, 5123.60, 5123.71, 5123.76, 5126.01, 5126.042,	36379
5126.05, 5126.051, 5126.12, 5126.18, 5126.357, 5126.431, 5139.01,	36380
5139.11, 5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5705.091,	36381
5705.41, 5705.44, 5709.17, 5721.30, 5725.31, 5727.81, 5727.811,	36382
5727.84, 5727.85, 5729.07, 5733.053, 5733.056, 5733.06, 5733.122,	36383
5733.401, 5733.42, 5739.01, 5739.02, 5739.024, 5747.122,	36384
5747.221, 5747.39, 6101.25, 6109.13, 6109.21, and 6111.035 and	36385
sections 9.832, 105.45, 105.46, 121.51, 121.52, 121.53, 131.41,	36386
166.032, 307.031, 1329.68, 1503.35, 1503.351, 1507.12, 2151.341,	36387
3317.0215, 3318.055, 3318.061, 3318.081, 3318.13, 3318.14,	36388
3318.17, 3318.361, 3702.17, 3729.01, 3729.02, 3729.03, 3729.05,	36389
3729.10, 3729.11, 3729.12, 3729.14, 3729.15, 3729.16, 3729.17,	36390
3729.18, 3729.21, 3729.22, 3729.23, 3729.24, 3729.26, 3729.29,	36391
3729.36, 3729.40, 3729.41, 3729.43, 3729.45, 3729.46, 3729.55,	36392
3729.61, 3729.99, 5101.143, 5101.52, 5101.541, 5101.542, 5101.543,	36393
5101.851, 5101.852, 5111.341, 5111.88, 5126.054, and 5139.281 of	36394
the Revised Code are hereby repealed.	36395

Section 3. That the versions of sections 2152.43 and 5139.31	36396
of the Revised Code that are scheduled to take effect January 1,	36397
2002, be amended to read as follows:	36398

Sec.  2152.43.  (A) A board of county commissioners that	36399
provides a detention facility and the board of trustees of a	36400
district detention facility may apply to the department of youth	36401
services under section 5139.281 of the Revised Code for assistance	36402
in defraying the cost of operating and maintaining the facility.	36403
The application shall be made on forms prescribed and furnished by	36404
the department.	36405

The board of county commissioners of each county that	36406
participates in a district detention facility may apply to the	36407
department of youth services for assistance in defraying the	36408
county's share of the cost of acquisition or construction of the	36409
facility, as provided in section 5139.271 of the Revised Code.	36410
Application shall be made in accordance with rules adopted by the	36411
department. No county shall be reimbursed for expenses incurred	36412
in the acquisition or construction of a district detention	36413
facility that serves a district having a population of less than	36414
one hundred thousand.	36415

(B)(1) The joint boards of county commissioners of district	36416
detention facilities shall defray all necessary expenses of the	36417
facility not paid from funds made available under section 5139.281	36418
of the Revised Code, through annual assessments of taxes, through	36419
gifts, or through other means.	36420

If any county withdraws from a district under division (D) of	36421
section 2152.41 of the Revised Code, it shall continue to have	36422
levied against its tax duplicate any tax levied by the district	36423
during the period in which the county was a member of the district	36424
for current operating expenses, permanent improvements, or the	36425
retirement of bonded indebtedness. The levy shall continue to be	36426
a levy against the tax duplicate of the county until the time that	36427
it expires or is renewed.	36428

(2) The current expenses of maintaining the facility not	36429
paid from funds made available under section 5139.281 of the	36430
Revised Code or division (C) of this section, and the cost of	36431
ordinary repairs to the facility, shall be paid by each county in	36432
accordance with one of the following methods as approved by the	36433
joint board of county commissioners:	36434

(a) In proportion to the number of children from that county	36435
who are maintained in the facility during the year;	36436

(b) By a levy submitted by the joint board of county	36437
commissioners under division (A) of section 5705.19 of the Revised	36438
Code and approved by the electors of the district;	36439

(c) In proportion to the taxable property of each county, as	36440
shown by its tax duplicate;	36441

(d) In any combination of the methods for payment described	36442
in division (B)(2)(a), (b), or (c) of this section.	36443

(C) When any person donates or bequeaths any real or	36444
personal property to a county or district detention facility, the	36445
juvenile court or the trustees of the facility may accept and use	36446
the gift, consistent with the best interest of the institution and	36447
the conditions of the gift.	36448

Sec. 5139.31.  The department of youth services may inspect	36449
any school, forestry camp, district detention facility, or other	36450
facility for which an application for financial assistance has	36451
been made to the department under section 2152.43, 2151.651, or	36452
2151.652 of the Revised Code or for which financial assistance has	36453
been granted by the department under section 5139.27, 5139.271, or	36454
5139.28, or 5139.281 of the Revised Code. The inspection may	36455
include, but need not be limited to, examination and evaluation of	36456
the physical condition of the school, forestry camp, district	36457
detention facility, or other facility, including any equipment	36458
used in connection with it; observation and evaluation of the	36459
training and treatment of children admitted to it; examination and	36460
analysis and copying of any papers, records, or other documents	36461
relating to the qualifications of personnel, the commitment of	36462
children to it, and its administration.	36463

Section 4. That the existing versions of sections 2152.43 and	36464
5139.31 of the Revised Code that are scheduled to take effect	36465
January 1, 2002, are hereby repealed.	36466

Section 5. Sections 3 and 4 of this act shall take effect on	36467
January 1, 2002.	36468

Section 6. That the versions of sections 5139.01 and 5139.11	36469
of the Revised Code that are scheduled to take effect January 1,	36470
2002, be amended to read as follows:	36471

Sec. 5139.01.  (A) As used in this chapter:

36472

(1) "Commitment" means the transfer of the physical custody	36473
of a child or youth from the court to the department of youth	36474
services.	36475

(2) "Permanent commitment" means a commitment that vests	36476
legal custody of a child in the department of youth services.	36477

(3) "Legal custody," insofar as it pertains to the status	36478
that is created when a child is permanently committed to the	36479
department of youth services, means a legal status in which the	36480
department has the following rights and responsibilities: the	36481
right to have physical possession of the child; the right and duty	36482
to train, protect, and control the child; the responsibility to	36483
provide the child with food, clothing, shelter, education, and	36484
medical care; and the right to determine where and with whom the	36485
child shall live, subject to the minimum periods of, or periods	36486
of, institutional care prescribed in sections 2152.13 to 2152.18	36487
of the Revised Code; provided, that these rights and	36488
responsibilities are exercised subject to the powers, rights,	36489
duties, and responsibilities of the guardian of the person of the	36490
child, and subject to any residual parental rights and	36491
responsibilities.	36492

(4) Unless the context requires a different meaning,	36493
"institution" means a state facility that is created by the	36494
general assembly and that is under the management and control of	36495
the department of youth services or a private entity with which	36496
the department has contracted for the institutional care and	36497
custody of felony delinquents.	36498

(5) "Full-time care" means care for twenty-four hours a day	36499
for over a period of at least two consecutive weeks.	36500

(6) "Placement" means the conditional release of a child	36501
under the terms and conditions that are specified by the	36502
department of youth services. The department shall retain legal	36503
custody of a child released pursuant to division (C) of section	36504
2152.22 of the Revised Code or division (C) of section 5139.06 of	36505
the Revised Code until the time that it discharges the child or	36506
until the legal custody is terminated as otherwise provided by	36507
law.	36508

(7) "Home placement" means the placement of a child in the	36509
home of the child's parent or parents or in the home of the	36510
guardian of the child's person.	36511

(8) "Discharge" means that the department of youth services'	36512
legal custody of a child is terminated.	36513

(9) "Release" means the termination of a child's stay in an	36514
institution and the subsequent period during which the child	36515
returns to the community under the terms and conditions of	36516
supervised release.	36517

(10) "Delinquent child" has the same meaning as in section	36518
2152.02 of the Revised Code.	36519

(11) "Felony delinquent" means any child who is at least	36520
twelve years of age but less than eighteen years of age and who is	36521
adjudicated a delinquent child for having committed an act that if	36522
committed by an adult would be a felony. "Felony delinquent"	36523
includes any adult who is between the ages of eighteen and	36524
twenty-one and who is in the legal custody of the department of	36525
youth services for having committed an act that if committed by an	36526
adult would be a felony.	36527

(12) "Juvenile traffic offender" has the same meaning as in	36528
section 2152.02 of the Revised Code.	36529

(13) "Public safety beds" means all of the following:

36530

(a) Felony delinquents who have been committed to the	36531
department of youth services for the commission of an act, other	36532
than a violation of section 2911.01 or 2911.11 of the Revised	36533
Code, that is a category one offense or a category two offense and	36534
who are in the care and custody of an institution or have been	36535
diverted from care and custody in an institution and placed in a	36536
community corrections facility;	36537

(b) Felony delinquents who, while committed to the	36538
department of youth services and in the care and custody of an	36539
institution or a community corrections facility, are adjudicated	36540
delinquent children for having committed in that institution or	36541
community corrections facility an act that if committed by an	36542
adult would be a felony;	36543

(c) Children who satisfy all of the following:

36544

(i) They are at least twelve years of age but less than	36545
eighteen years of age.	36546

(ii) They are adjudicated delinquent children for having	36547
committed acts that if committed by an adult would be a felony.	36548

(iii) They are committed to the department of youth services	36549
by the juvenile court of a county that has had one-tenth of one	36550
per cent or less of the statewide adjudications for felony	36551
delinquents as averaged for the past four fiscal years.	36552

(iv) They are in the care and custody of an institution or a	36553
community corrections facility.	36554

(d) Felony delinquents who, while committed to the	36555
department of youth services and in the care and custody of an	36556
institution, commit in that institution an act that if committed	36557
by an adult would be a felony, who are serving disciplinary time	36558
for having committed that act, and who have been institutionalized	36559
or institutionalized in a secure facility for the minimum period	36560
of time specified in divisions (A)(1)(b) to (e) of section	36561
2152.16 of the Revised Code.	36562

(e) Felony delinquents who are subject to and serving a	36563
three-year period of commitment order imposed by a juvenile court	36564
pursuant to divisions (A) and (B) of section 2152.17 of the	36565
Revised Code for an act, other than a violation of section 2911.11	36566
of the Revised Code, that would be a category one offense or	36567
category two offense if committed by an adult.	36568

(f) Felony delinquents who are described in divisions	36569
(A)(13)(a) to (e) of this section, who have been granted a	36570
judicial release to court supervision under division (B) of	36571
section 2152.22 of the Revised Code or a judicial release to the	36572
department of youth services supervision under division (C) of	36573
that section from the commitment to the department of youth	36574
services for the act described in divisions (A)(13)(a) to (e) of	36575
this section, who have violated the terms and conditions of that	36576
release, and who, pursuant to an order of the court of the county	36577
in which the particular felony delinquent was placed on release	36578
that is issued pursuant to division (D) of section 2152.22 of the	36579
Revised Code, have been returned to the department for	36580
institutionalization or institutionalization in a secure facility.	36581

(g) Felony delinquents who have been committed to the	36582
custody of the department of youth services, who have been granted	36583
supervised release from the commitment pursuant to section 5139.51	36584
of the Revised Code, who have violated the terms and conditions of	36585
that supervised release, and who, pursuant to an order of the	36586
court of the county in which the particular child was placed on	36587
supervised release issued pursuant to division (F) of section	36588
5139.52 of the Revised Code, have had the supervised release	36589
revoked and have been returned to the department for	36590
institutionalization. A felony delinquent described in this	36591
division shall be a public safety bed only for the time during	36592
which the felony delinquent is institutionalized as a result of	36593
the revocation subsequent to the initial thirty-day period of	36594
institutionalization required by division (F) of section 5139.52	36595
of the Revised Code.	36596

(14) "State target youth" means twenty-five per cent of the	36597
projected total number of felony delinquents for each year of a	36598
biennium, factoring in revocations and recommitments.	36599

(15) Unless the context requires a different meaning,	36600
"community corrections facility" means a county or multicounty	36601
rehabilitation center for felony delinquents who have been	36602
committed to the department of youth services and diverted from	36603
care and custody in an institution and placed in the	36604
rehabilitation center pursuant to division (E) of section 5139.36	36605
of the Revised Code.	36606

(16) "Secure facility" means any facility that is designed	36607
and operated to ensure that all of its entrances and exits are	36608
under the exclusive control of its staff and to ensure that,	36609
because of that exclusive control, no child who has been	36610
institutionalized in the facility may leave the facility without	36611
permission or supervision.	36612

(17) "Community residential program" means a program that	36613
satisfies both of the following:	36614

(a) It is housed in a building or other structure that has	36615
no associated major restraining construction, including, but not	36616
limited to, a security fence.	36617

(b) It provides twenty-four-hour care, supervision, and	36618
programs for felony delinquents who are in residence.	36619

(18) "Category one offense" and "category two offense" have	36620
the same meanings as in section 2151.26 of the Revised Code.	36621

(19) "Disciplinary time" means additional time that the	36622
department of youth services requires a felony delinquent to serve	36623
in an institution, that delays the person's or felony delinquent's	36624
planned release, and that the department imposes upon the person	36625
or felony delinquent following the conduct of an internal due	36626
process hearing for having committed any of the following acts	36627
while committed to the department and in the care and custody of	36628
an institution:	36629

(a) An act that if committed by an adult would be a felony;

36630

(b) An act that if committed by an adult would be a	36631
misdemeanor;	36632

(c) An act that is not described in division (A)(19)(a) or	36633
(b) of this section and that violates an institutional rule of	36634
conduct of the department.	36635

(20) "Unruly child" has the same meaning as in section	36636
2151.022 of the Revised Code.	36637

(21) "Revocation" means the act of revoking a child's	36638
supervised release for a violation of a term or condition of the	36639
child's supervised release in accordance with section 5139.52 of	36640
the Revised Code.	36641

(22) "Release authority" means the release authority of the	36642
department of youth services that is established by section	36643
5139.50 of the Revised Code.	36644

(23) "Supervised release" means the event of the release of a	36645
child under this chapter from an institution and the period after	36646
that release during which the child is supervised and assisted by	36647
an employee of the department of youth services under specific	36648
terms and conditions for reintegration of the child into the	36649
community.	36650

(24) "Victim" means the person identified in a police report,	36651
complaint, or information as the victim of an act that would have	36652
been a criminal offense if committed by an adult and that provided	36653
the basis for adjudication proceedings resulting in a child's	36654
commitment to the legal custody of the department of youth	36655
services.	36656

(25) "Victim's representative" means a member of the victim's	36657
family or another person whom the victim or another authorized	36658
person designates in writing, pursuant to section 5139.56 of the	36659
Revised Code, to represent the victim with respect to proceedings	36660
of the release authority of the department of youth services and	36661
with respect to other matters specified in that section.	36662

(26) "Member of the victim's family" means a spouse, child,	36663
stepchild, sibling, parent, stepparent, grandparent, other	36664
relative, or legal guardian of a child but does not include a	36665
person charged with, convicted of, or adjudicated a delinquent	36666
child for committing a criminal or delinquent act against the	36667
victim or another criminal or delinquent act arising out of the	36668
same conduct, criminal or delinquent episode, or plan as the	36669
criminal or delinquent act committed against the victim.	36670

(27) "Judicial release to court supervision" means a release	36671
of a child from institutional care or institutional care in a	36672
secure facility that is granted by a court pursuant to division	36673
(B) of section 2152.22 of the Revised Code during the period	36674
specified in that division.	36675

(28) "Judicial release to department of youth services	36676
supervision" means a release of a child from institutional care or	36677
institutional care in a secure facility that is granted by a court	36678
pursuant to division (C) of section 2152.22 of the Revised Code	36679
during the period specified in that division.	36680

(29) "Comprehensive plan" means a document that coordinates,	36681
evaluates, and otherwise assists, on an annual or multi-year	36682
basis, all of the functions of the criminal and juvenile justice	36683
systems of the state or a specified area of the state, that	36684
conforms to the priorities of the state with respect to criminal	36685
and juvenile justice systems, and that conforms with the	36686
requirements of all federal criminal justice acts. These	36687
functions include, but are not limited to, all of the following:	36688

(a) Crime and delinquency prevention;

36689

(b) Identification, detection, apprehension, and detention	36690
of persons charged with criminal offenses or delinquent acts;	36691

(c) Assistance to crime victims or witnesses, except that	36692
the comprehensive plan does not include the functions of the	36693
attorney general pursuant to sections 109.91 and 109.92 of the	36694
Revised Code;	36695

(d) Adjudication or diversion of persons charged with	36696
criminal offenses or delinquent acts;	36697

(e) Custodial treatment of criminal offenders and delinquent	36698
children;	36699

(f) Institutional and noninstitutional rehabilitation of	36700
criminal offenders and delinquent children.	36701

(30) "Administrative planning district," "criminal justice	36702
coordinating council," "juvenile justice system," and	36703
"metropolitan county criminal justice services agency" have the	36704
same meanings as in section 181.51 of the Revised Code.	36705

(B) There is hereby created the department of youth	36706
services. The governor shall appoint the director of the	36707
department with the advice and consent of the senate. The	36708
director shall hold office during the term of the appointing	36709
governor but subject to removal at the pleasure of the governor.	36710
Except as otherwise authorized in section 108.05 of the Revised	36711
Code, the director shall devote the director's entire time to the	36712
duties of the director's office and shall hold no other office or	36713
position of trust or profit during the director's term of office.	36714

The director is the chief executive and administrative	36715
officer of the department and has all the powers of a department	36716
head set forth in Chapter 121. of the Revised Code. The director	36717
may adopt rules for the government of the department, the conduct	36718
of its officers and employees, the performance of its business,	36719
and the custody, use, and preservation of the department's	36720
records, papers, books, documents, and property. The director	36721
shall be an appointing authority within the meaning of Chapter	36722
124. of the Revised Code. Whenever this or any other chapter or	36723
section of the Revised Code imposes a duty on or requires an	36724
action of the department, the duty or action shall be performed by	36725
the director or, upon the director's order, in the name of the	36726
department.	36727

Sec. 5139.11.  The department of youth services shall do all	36728
of the following:	36729

(A) Through a program of education, promotion, and	36730
organization, form groups of local citizens and assist these	36731
groups in conducting activities aimed at the prevention and	36732
control of juvenile delinquency, making use of local people and	36733
resources for the following purposes:	36734

(1) Combatting local conditions known to contribute to	36735
juvenile delinquency;	36736

(2) Developing recreational and other programs for youth	36737
work;	36738

(3) Providing adult sponsors for delinquent children cases;

36739

(4) Dealing with other related problems of the locality.

36740

(B) Advise local, state, and federal officials, public and	36741
private agencies, and lay groups on the needs for and possible	36742
methods of the reduction and prevention of juvenile delinquency	36743
and the treatment of delinquent children;	36744

(C) Consult with the schools and courts of this state on the	36745
development of programs for the reduction and prevention of	36746
delinquency and the treatment of delinquents;	36747

(D) Cooperate with other agencies whose services deal with	36748
the care and treatment of delinquent children to the end that	36749
delinquent children who are state wards may be assisted whenever	36750
possible to a successful adjustment outside of institutional care;	36751

(E) Cooperate with other agencies in surveying, developing,	36752
and utilizing the recreational resources of a community as a means	36753
of combatting the problem of juvenile delinquency and effectuating	36754
rehabilitation;	36755

(F) Hold district and state conferences from time to time in	36756
order to acquaint the public with current problems of juvenile	36757
delinquency and develop a sense of civic responsibility toward the	36758
prevention of juvenile delinquency;	36759

(G) Assemble and distribute information relating to juvenile	36760
delinquency and report on studies relating to community conditions	36761
that affect the problem of juvenile delinquency;	36762

(H) Assist any community within the state by conducting a	36763
comprehensive survey of the community's available public and	36764
private resources, and recommend methods of establishing a	36765
community program for combatting juvenile delinquency and crime,	36766
but no survey of that type shall be conducted unless local	36767
individuals and groups request it through their local authorities,	36768
and no request of that type shall be interpreted as binding the	36769
community to following the recommendations made as a result of the	36770
request;	36771

(I) Evaluate the rehabilitation of children committed to the	36772
department and prepare and submit periodic reports to the	36773
committing court for the following purposes:	36774

(1) Evaluating the effectiveness of institutional treatment;

36775

(2) Making recommendations for judicial release under	36776
section 2152.22 of the Revised Code if appropriate and	36777
recommending conditions for judicial release;	36778

(3) Reviewing the placement of children and recommending	36779
alternative placements where appropriate.	36780

(J) Coordinate dates for hearings to be conducted under	36781
section 2152.22 of the Revised Code and assist in the transfer	36782
and release of children from institutionalization to the custody	36783
of the committing court;	36784

(K)(1) Coordinate and assist juvenile justice systems by	36785
doing the following:	36786

(a) Performing juvenile justice system planning in the state,	36787
including any planning that is required by any federal law;	36788

(b) Collecting, analyzing, and correlating information and	36789
data concerning the juvenile justice system in the state;	36790

(c) Cooperating with and providing technical assistance to	36791
state departments, administrative planning districts, metropolitan	36792
county criminal justice services agencies, criminal justice	36793
coordinating councils, and agencies, offices, and departments of	36794
the juvenile justice system in the state, and other appropriate	36795
organizations and persons;	36796

(d) Encouraging and assisting agencies, offices, and	36797
departments of the juvenile justice system in the state and other	36798
appropriate organizations and persons to solve problems that	36799
relate to the duties of the department;	36800

(e) Administering within the state any juvenile justice acts	36801
that the governor requires the department to administer;	36802

(f) Implementing the state comprehensive plans;

36803

(g) Auditing grant activities of agencies, offices,	36804
organizations, and persons that are financed in whole or in part	36805
by funds granted through the department;	36806

(h) Monitoring or evaluating the performance of juvenile	36807
justice system projects and programs in the state that are	36808
financed in whole or in part by funds granted through the	36809
department;	36810

(i) Applying for, allocating, disbursing, and accounting for	36811
grants that are made available pursuant to federal juvenile	36812
justice acts, or made available from other federal, state, or	36813
private sources, to improve the criminal and juvenile justice	36814
systems in the state. All money from federal juvenile justice act	36815
grants shall, if the terms under which the money is received	36816
require that the money be deposited into an interest bearing fund	36817
or account, be deposited in the state treasury to the credit of	36818
the federal juvenile justice program purposes fund, which is	36819
hereby created. All investment earnings shall be credited to the	36820
fund.	36821

(j) Contracting with federal, state, and local agencies,	36822
foundations, corporations, businesses, and persons when necessary	36823
to carry out the duties of the department;	36824

(k) Overseeing the activities of metropolitan county	36825
criminal justice services agencies, administrative planning	36826
districts, and juvenile justice coordinating councils in the	36827
state;	36828

(l) Advising the general assembly and governor on	36829
legislation and other significant matters that pertain to the	36830
improvement and reform of the juvenile justice system in the	36831
state;	36832

(m) Preparing and recommending legislation to the general	36833
assembly and governor for the improvement of the juvenile justice	36834
system in the state;	36835

(n) Assisting, advising, and making any reports that are	36836
required by the governor, attorney general, or general assembly.	36837

(2) Division (K)(1) of this section does not limit the	36838
discretion or authority of the attorney general with respect to	36839
crime victim assistance and criminal and juvenile justice	36840
programs.	36841

(3) Nothing in division (K)(1) of this section is intended	36842
to diminish or alter the status of the office of the attorney	36843
general as a criminal justice services agency.	36844

Section 7. That the existing versions of sections 5139.01 and	36845
5139.11 of the Revised Code that are scheduled to take effect	36846
January 1, 2002, are hereby repealed.	36847

Section 8. Sections 6 and 7 of this act shall take effect on	36848
January 1, 2002.	36849

Section 9.  Except as otherwise provided, all appropriation	36850
items (AI) in this act are appropriated out of any moneys in the	36851
state treasury to the credit of the designated fund that are not	36852
otherwise appropriated. For all appropriations made in this act,	36853
the amounts in the first column are for fiscal year 2002 and the	36854
amounts in the second column are for fiscal year 2003.	36855

Section 10.  ACC ACCOUNTANCY BOARD OF OHIO	36858

General Services Fund Group

36859

Section 11.  PAY ACCRUED LEAVE LIABILITY	36866

Accrued Leave Liability Fund Group

36867

Agency Fund Group

36872

ACCRUED LEAVE LIABILITY FUND

36879

The foregoing appropriation item 995-666, Accrued Leave Fund,	36880
shall be used to make payments from the Accrued Leave Liability	36881
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	36882
If it is determined by the Director of Budget and Management that	36883
additional amounts are necessary, the amounts are appropriated.	36884

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

36885

The foregoing appropriation item 995-667, Disability Fund,	36886
shall be used to make payments from the State Employee Disability	36887
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	36888
Revised Code. If it is determined by the Director of Budget and	36889
Management that additional amounts are necessary, the amounts are	36890
appropriated.	36891

STATE EMPLOYEE HEALTH BENEFIT FUND

36892

The foregoing appropriation item 995-668, State Employee	36893
Health Benefit Fund, shall be used to make payments from the State	36894
Employee Health Benefit Fund (Fund 808), pursuant to section	36895
124.87 of the Revised Code. If it is determined by the Director	36896
of Budget and Management that additional amounts are necessary,	36897
the amounts are appropriated.	36898

DEPENDENT CARE SPENDING ACCOUNT

36899

The foregoing appropriation item 995-669, Dependent Care	36900
Spending Account, shall be used to make payments from the	36901
Dependent Care Spending Account (Fund 809) to employees eligible	36902
for dependent care expenses. If it is determined by the Director	36903
of Budget and Management that additional amounts are necessary,	36904
the amounts are appropriated.	36905

LIFE INSURANCE INVESTMENT FUND

36906

The foregoing appropriation item 995-670, Life Insurance	36907
Investment Fund, shall be used to make payments from the Life	36908
Insurance Investment Fund (Fund 810) for the costs and expenses of	36909
the state's life insurance benefit program pursuant to section	36910
125.212 of the Revised Code. If it is determined by the Director	36911
of Budget and Management that additional amounts are necessary,	36912
the amounts are appropriated.	36913

PARENTAL LEAVE BENEFIT FUND

36914

The foregoing appropriation item 995-671, Parental Leave	36915
Benefit Fund, shall be used to make payments from the Parental	36916
Leave Benefit Fund (Fund 811) to employees eligible for parental	36917
leave benefits pursuant to section 124.137 of the Revised Code. If	36918
it is determined by the Director of Budget and Management that	36919
additional amounts are necessary, the amounts are appropriated.	36920

Section 12.  ADJ ADJUTANT GENERAL

36921

General Revenue Fund

36922

General Services Fund Group

36930

Federal Special Revenue Fund Group

36935

State Special Revenue Fund Group

36942

ARMORY DEFERRED MAINTENANCE

36946

Of the foregoing appropriation item 745-403, Armory Deferred	36947
Maintenance, all disbursements shall be made based on a spending	36948
plan approved by the Director of Budget and Management.	36949

ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD	36950
TRAINING SITE AGREEMENT	36951

On July 1, 2001, or as soon thereafter as possible, the	36952
Adjutant General shall certify to the Director of Budget and	36953
Management the cash balance in Fund 343, Army National Guard	36954
Training Site Agreement. The Director of Budget and Management	36955
shall transfer the certified amount from Fund 343 to Fund 342,	36956
Army National Guard Service Agreement. Any existing encumbrances	36957
in appropriation item 745-619, Army National Guard Training Site	36958
Agreement (Fund 343), shall be canceled and reestablished against	36959
appropriation item 745-616, Army National Guard Service Agreement	36960
(Fund 342). The amounts of the reestablished encumbrances are	36961
appropriated, and Fund 343 is abolished.	36962

Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

36963

General Revenue Fund

36964

General Services Fund Group

36986

Intragovernmental Service Fund Group

37008

Agency Fund Group

37013

Holding Account Redistribution Fund Group

37017

Section 13.01.  AGENCY AUDIT EXPENSES

37023

Of the foregoing appropriation item 100-405, Agency Audit	37024
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	37025
fiscal year 2003 shall be used to subsidize the operations of the	37026
Central Service Agency. The Department of Administrative Services	37027
shall transfer cash from appropriation item 100-405, Agency Audit	37028
Expenses, to the Central Service Agency Fund (Fund 115) using an	37029
intrastate transfer voucher.	37030

Of the foregoing appropriation item 100-405, Agency Audit	37031
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	37032
year 2003 shall be used for the Department of Administrative	37033
Services' GRF appropriation item-related auditing expenses. The	37034
remainder of the appropriation shall be used for auditing expenses	37035
designated in division (A)(1) of section 117.13 of the Revised	37036
Code for those state agencies audited on a biennial basis.	37037

Section 13.02. OHIO BUILDING AUTHORITY

37038

The foregoing appropriation item 100-447, OBA - Building Rent	37039
Payments, shall be used to meet all payments at the times they are	37040
required to be made during the period from July 1, 2001, to June	37041
30, 2003, by the Department of Administrative Services to the Ohio	37042
Building Authority pursuant to leases and agreements under Chapter	37043
152. of the Revised Code, but limited to the aggregate amount of	37044
$219,999,200. The foregoing appropriation item 100-448, OBA -	37045
Building Operating Payments, shall be used to meet all payments at	37046
the times that they are required to be made during the period from	37047
July 1, 2001, to June 30, 2003, by the Department of	37048
Administrative Services to the Ohio Building Authority pursuant to	37049
leases and agreements under Chapter 152. of the Revised Code, but	37050
limited to the aggregate amount of $52,196,000. These	37051
appropriations are the source of funds pledged for bond service	37052
charges on obligations issued pursuant to Chapter 152. of the	37053
Revised Code.	37054

The payments to the Ohio Building Authority are for the	37055
purpose of paying the expenses of agencies that occupy space in	37056
the various state facilities. The Department of Administrative	37057
Services may enter into leases and agreements with the Ohio	37058
Building Authority providing for the payment of these expenses.	37059
The Ohio Building Authority shall report to the Department of	37060
Administrative Services and the Office of Budget and Management	37061
not later than five months after the start of a fiscal year the	37062
actual expenses incurred by the Ohio Building Authority in	37063
operating the facilities and any balances remaining from payments	37064
and rentals received in the prior fiscal year. The Department of	37065
Administrative Services shall reduce subsequent payments by the	37066
amount of the balance reported to it by the Ohio Building	37067
Authority.	37068

Section 13.03.  DAS - BUILDING OPERATING PAYMENTS

37069

The foregoing appropriation item 100-449, DAS - Building	37070
Operating Payments, shall be used to pay the rent expenses of	37071
veterans organizations pursuant to section 123.024 of the Revised	37072
Code in fiscal years 2002 and 2003.	37073

The foregoing appropriation item, 100-449, DAS - Building	37074
Operating Payments, may be used to provide funding for the cost of	37075
property appraisals that the Department of Administrative Services	37076
may be required to obtain for property that is being sold by the	37077
state or property under consideration to be purchased by the	37078
state.	37079

Of the foregoing appropriation item 100-449, DAS - Building	37080
Operating Payment, $100,000 shall be used in fiscal year 2002 to	37081
fund the renovation of new office space for the State Library and	37082
the Ohioana Library Association.	37083

Notwithstanding section 125.28 of the Revised Code, the	37084
remaining portion of the appropriation may be used to pay the	37085
operating expenses of state facilities maintained by the	37086
Department of Administrative Services that are not billed to	37087
building tenants. These expenses may include, but are not limited	37088
to, the costs for vacant space and space undergoing renovation,	37089
and the rent expenses of tenants that are relocated due to	37090
building renovations. These payments shall be processed by the	37091
Department of Administrative Services through intrastate transfer	37092
vouchers and placed in the Facilities Management Fund (Fund 132).	37093

Section 13.04. MINORITY AFFAIRS

37094

The foregoing appropriation item 100-451, Minority Affairs,	37095
shall be used to establish minority affairs programs within the	37096
Equal Opportunity Division. The office shall provide an access	37097
point and official representation to multi-cultural communities;	37098
research and reports on multi-cultural issues; and educational,	37099
governmental, and other services that foster multi-cultural	37100
opportunities and understanding in the state of Ohio.	37101

Section 13.05.  CENTRAL SERVICE AGENCY FUND

37102

In order to complete the migration of the licensing	37103
applications of the professional licensing boards to a local area	37104
network, the Director of Budget and Management may, at the request	37105
of the Director of Administrative Services, cancel related	37106
encumbrances in the Central Service Agency Fund (Fund 115) and	37107
reestablish these encumbrances in fiscal year 2002 for the same	37108
purpose and to the same vendor. The Director of Budget and	37109
Management shall reduce the appropriation balance in fiscal year	37110
2001 by the amount of encumbrances canceled in Fund 115. As	37111
determined by the Director of Budget and Management, the amount	37112
necessary to reestablish such encumbrances or parts of	37113
encumbrances in fiscal year 2002 in the Central Service Agency	37114
Fund (Fund 115) is appropriated.	37115

The Director of Budget and Management may transfer up to	37116
$399,000 in fiscal year 2002 and up to $354,000 in fiscal year	37117
2003 from the Occupational Licensing and Regulatory Fund (Fund	37118
4K9) to the Central Service Agency Fund (Fund 115). The Director	37119
of Budget and Management may transfer up to $34,000 in fiscal year	37120
2002 and up to $30,000 in fiscal year 2003 from the State Medical	37121
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	37122
(Fund 115). The appropriation item 100-632, Central Service	37123
Agency, shall be used to purchase the necessary equipment,	37124
products, and services to install and maintain a local area	37125
network for the professional licensing boards, and to support	37126
their licensing applications. The amount of the cash transfer is	37127
appropriated to appropriation item 100-632, Central Service	37128
Agency.	37129

Section 13.06.  TUITION REIMBURSEMENT

37130

Of the foregoing appropriation item 100-622, Human Resources	37131
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in	37132
fiscal year 2003 shall be set aside for the District 1199 Health	37133
Care Employees Tuition Reimbursement Program, per existing	37134
collective bargaining agreements. Of the foregoing appropriation	37135
item 100-622, Human Resources Division - Operating, $75,000 in	37136
fiscal year 2002 and $75,000 in fiscal year 2003 shall be set	37137
aside for the Ohio Education Association Tuition Reimbursement	37138
Program, per existing collective bargaining agreements. The	37139
Department of Administrative Services, with the approval of the	37140
Director of Budget and Management, shall establish charges for	37141
recovering the costs of administering the District 1199 Health	37142
Care Employees Tuition Reimbursement Program and the Ohio	37143
Education Association Tuition Reimbursement Program. Receipts for	37144
these charges shall be deposited into the Human Resources Services	37145
Fund (Fund 125).	37146

Section 13.07.  COLLECTIVE BARGAINING ARBITRATION EXPENSES

37147

With approval of the Director of Budget and Management, the	37148
Department of Administrative Services may seek reimbursement from	37149
state agencies for the actual costs and expenses the department	37150
incurs in the collective bargaining arbitration process. The	37151
reimbursements shall be processed through intrastate transfer	37152
vouchers and placed in the Collective Bargaining Fund (Fund 128).	37153

Section 13.08. EQUAL OPPORTUNITY PROGRAM

37154

The Department of Administrative Services, with the approval	37155
of the Director of Budget and Management, shall establish charges	37156
for recovering the costs of administering the activities supported	37157
by the Equal Opportunity Programs Fund (Fund 188). These charges	37158
shall be deposited to the credit of the Equal Opportunity Programs	37159
Fund (Fund 188) upon payment made by state agencies,	37160
state-supported or state-assisted institutions of higher	37161
education, and tax-supported agencies, municipal corporations, and	37162
other political subdivisions of the state, for services rendered.	37163

Section 13.09. MERCHANDISE FOR RESALE	37164

The foregoing appropriation item 100-653, General Services	37165
Resale Merchandise, shall be used to account for merchandise for	37166
resale, which is administered by the General Services Division.	37167
Deposits to the fund may comprise the cost of merchandise for	37168
resale and shipping fees.	37169

Section 13.10. GOVERNOR'S RESIDENCE GIFT	37170

The foregoing appropriation item 100-604, Governor's	37171
Residence Gift, shall be used to provide part or all of the	37172
funding related to construction, goods, or services for the	37173
Governor's residence. All receipts for this purpose shall be	37174
deposited into Fund 4H2.	37175

Section 13.11.  DEPARTMENTAL MIS

37176

The foregoing appropriation item 100-603, Departmental MIS	37177
Services, may be used to pay operating expenses of management	37178
information systems activities in the Department of Administrative	37179
Services. The Department of Administrative Services shall	37180
establish charges for recovering the costs of management	37181
information systems activities. These charges shall be deposited	37182
to the credit of the Departmental MIS Fund (Fund 4P3).	37183

Notwithstanding any other language to the contrary, the	37184
Director of Budget and Management may transfer up to $3,000,000 of	37185
fiscal year 2002 appropriations and up to $3,000,000 of fiscal	37186
year 2003 appropriations from appropriation item 100-603,	37187
Departmental MIS Services, to any Department of Administrative	37188
Services non-General Revenue Fund appropriation item. The	37189
appropriations transferred shall be used to make payments for	37190
management information systems services. Notwithstanding any	37191
other language to the contrary, the Director of Budget and	37192
Management may transfer up to $217,313 of fiscal year 2002	37193
appropriations and up to $193,031 of fiscal year 2003	37194
appropriations from appropriation item 100-409, Departmental	37195
Information Services, to any Department of Administrative Services	37196
appropriation item in the General Revenue Fund. The	37197
appropriations transferred shall be used to make payments for	37198
management information systems services.	37199

Section 13.12. INVESTMENT RECOVERY FUND

37200

Notwithstanding division (B) of section 125.14 of the Revised	37201
Code, cash balances in the Investment Recovery Fund may be used to	37202
support the operating expenses of the Federal Surplus Operating	37203
Program created in sections 125.84 to 125.90 of the Revised Code.	37204

Notwithstanding division (B) of section 125.14 of the Revised	37205
Code, cash balances in the Investment Recovery Fund may be used to	37206
support the operating expenses of the State Property Inventory and	37207
Fixed Assets Management System Program.	37208

Of the foregoing appropriation item 100-602, Investment	37209
Recovery, up to $2,045,302 in fiscal year 2002 and up to	37210
$1,959,192 in fiscal year 2003 shall be used to pay the operating	37211
expenses of the State Surplus Property Program, the Surplus	37212
Federal Property Program, and the State Property Inventory and	37213
Fixed Assets Management System Program pursuant to Chapter 125. of	37214
the Revised Code and this section. If additional appropriations	37215
are necessary for the operations of these programs, the Director	37216
of Administrative Services shall seek increased appropriations	37217
from the Controlling Board under section 131.35 of the Revised	37218
Code.	37219

Of the foregoing appropriation item 100-602, Investment	37220
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal	37221
year 2003 shall be used to transfer proceeds from the sale of	37222
surplus property from the Investment Recovery Fund to non-General	37223
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	37224
Revised Code. If it is determined by the Director of	37225
Administrative Services that additional appropriations are	37226
necessary for the transfer of such sale proceeds, the Director of	37227
Administrative Services may request the Director of Budget and	37228
Management to increase the amounts. Such amounts are	37229
appropriated.	37230

Notwithstanding division (B) of section 125.14 of the Revised	37231
Code, the Director of Budget and Management, at the request of the	37232
Director of Administrative Services, shall transfer up to	37233
$2,500,000 of the amounts held for transfer to the General Revenue	37234
Fund from the Investment Recovery Fund (Fund 427) to the General	37235
Services Fund (Fund 117) during the biennium beginning July 1,	37236
2001, and ending June 30, 2003. The cash transferred to the	37237
General Services Fund shall be used to pay the operating expenses	37238
of the Competitive Sealed Proposal Program.	37239

Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

37240

Effective with the implementation of the Multi-Agency Radio	37241
Communications System, the Director of Administrative Services	37242
shall collect user fees from participants in the system. The	37243
Director of Administrative Services, with the advice of the	37244
Multi-Agency Radio Communications System Steering Committee and	37245
the Director of Budget and Management, shall determine the amount	37246
of the fees and the manner by which the fees shall be collected.	37247
Such user charges shall comply with the applicable cost principles	37248
issued by the federal Office of Management and Budget. All moneys	37249
from user charges and fees shall be deposited in the state	37250
treasury to the credit of the Multi-Agency Radio Communications	37251
System Administration Fund (Fund 5C2).	37252

Section 13.14. WORKFORCE DEVELOPMENT FUND

37253

There is hereby established in the state treasury the	37254
Workforce Development Fund (Fund 5D7). The foregoing	37255
appropriation item 100-621, Workforce Development, shall be used	37256
to make payments from the fund. The fund shall be under the	37257
supervision of the Department of Administrative Services, which	37258
may adopt rules with regard to administration of the fund. The	37259
fund shall be used to pay the costs of the Workforce Development	37260
Program established by Article 37 of the contract between the	37261
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000.	37262
The program shall be administered in accordance with the contract.	37263
Revenues shall accrue to the fund as specified in the contract.	37264
The fund may be used to pay direct and indirect costs of the	37265
program that are attributable to staff, consultants, and service	37266
providers. All income derived from the investment of the fund	37267
shall accrue to the fund.	37268

If it is determined by the Director of Administrative	37269
Services that additional appropriation amounts are necessary, the	37270
Director of Administrative Services may request that the Director	37271
of Budget and Management increase such amounts. Such amounts are	37272
appropriated.	37273

Section 13.15. PROFESSIONAL DEVELOPMENT FUND

37274

The foregoing appropriation item 100-610, Professional	37275
Development, shall be used to make payments from the Professional	37276
Development Fund (Fund 5L7) pursuant to section 124.182 of the	37277
Revised Code.	37278

Section 13.16.  COMPUTER EQUIPMENT PURCHASES

37279

The Director of Administrative Services shall compute the	37280
amount of revenue attributable to the amortization of all	37281
equipment purchases from appropriation item 100-607, Information	37282
Technology Fund; appropriation item 100-617, Major Computer	37283
Purchases; and appropriation item CAP-837, Major Equipment	37284
Purchases, which is recovered by the Department of Administrative	37285
Services as part of the rates charged by the Information	37286
Technology Fund (Fund 133) created in section 125.15 of the	37287
Revised Code. The Director of Budget and Management may transfer	37288
cash in an amount not to exceed the amount of amortization	37289
computed from the Information Technology Fund (Fund 133) to Major	37290
Computer Purchases (Fund 4N6).	37291

Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT

37292

The Director of Administrative Services, with the approval of	37293
the Director of Budget and Management, may establish an	37294
information technology assessment for the purpose of recovering	37295
the cost of selected infrastructure development and statewide	37296
programs. Such assessment shall comply with applicable cost	37297
principles issued by the federal Office of Management and Budget.	37298
During the fiscal year 2001-2003 biennium, the information	37299
technology assessment may be used to partially fund the cost of	37300
electronic-government infrastructure. The information technology	37301
assessment shall be charged to all organized bodies, offices, or	37302
agencies established by the laws of the state for the exercise of	37303
any function of state government except for the General Assembly,	37304
any legislative agency, the Supreme Court, the other courts of	37305
record in Ohio, or any judicial agency, the Adjutant General, the	37306
Bureau of Workers' Compensation, and institutions administered by	37307
a board of trustees. Any state-entity exempted by this section my	37308
utilize the infrastructure or statewide program by participating	37309
in the information technology assessment. All charges for the	37310
information technology assessment shall be deposited to the credit	37311
of the Information Technology Fund (Fund 133) created in section	37312
125.15 of the Revised Code.	37313

Section 13.18. E-GOVERNMENT DEVELOPMENT FUND

37314

The Director of Budget and Management shall transfer any cash	37315
balances remaining in the E-Government Development Fund (Fund 5M6)	37316
after November 30, 2001, from the E-Government Development Fund to	37317
the Information Technology Fund (Fund 133) created in section	37318
125.15 of the Revised Code.	37319

Section 13.19. UNEMPLOYMENT COMPENSATION FUND

37320

The foregoing appropriation item 100-628, Unemployment	37321
Compensation, shall be used to make payments from the Unemployment	37322
Compensation Fund (Fund 113), pursuant to section 4141.241 of the	37323
Revised Code. If it is determined that additional amounts are	37324
necessary, such amounts are appropriated.	37325

Section 13.20. PAYROLL WITHHOLDING FUND

37326

The foregoing appropriation item 100-629, Payroll Deductions,	37327
shall be used to make payments from the Payroll Withholding Fund	37328
(Fund 124). If it is determined by the Director of Budget and	37329
Management that additional appropriation amounts are necessary,	37330
such amounts are appropriated.	37331

Section 13.21. GENERAL SERVICES REFUNDS

37332

The foregoing appropriation item 100-646, General Services	37333
Refunds, shall be used to hold bid guarantee and building plans	37334
and specifications deposits until they are refunded. The Director	37335
of Administrative Services may request that the Director of Budget	37336
and Management transfer cash received for the costs of providing	37337
the building plans and specifications to contractors from the	37338
General Services Refund Fund to Fund 131, State Architect's	37339
Office. Prior to the transfer of cash, the Director of	37340
Administrative Services shall certify that such amounts are in	37341
excess of amounts required for refunding deposits and are directly	37342
related to costs of producing building plans and specifications.	37343
If it is determined that additional appropriations are necessary,	37344
such amounts are appropriated.	37345

Section 13.22.  MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	37346
SERVICE PAYMENTS	37347

The Director of Administrative Services, in consultation with	37348
the Multi-Agency Radio Communication System (MARCS) Steering	37349
Committee and the Director of Budget and Management, shall	37350
determine the share of debt service payments attributable to	37351
spending for MARCS components that are not specific to any one	37352
agency and that shall be charged to agencies supported by the	37353
motor fuel tax. Such share of debt service payments shall be	37354
calculated for MARCS capital disbursements made beginning July 1,	37355
1997. Within thirty days of any payment made from appropriation	37356
item 100-447, OBA - Building Rent Payments, the Director of	37357
Administrative Services shall certify to the Director of Budget	37358
and Management the amount of this share. The Director of Budget	37359
and Management shall transfer such amounts to the General Revenue	37360
Fund from the Highway Operating Fund (Fund 002) established in	37361
section 5735.281 of the Revised Code.	37362

Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

37363

Whenever the Director of Administrative Services declares a	37364
"Public Exigency," as provided in division (C) of section 123.15	37365
of the Revised Code, the Director shall also notify the members of	37366
the Controlling Board.	37367

Section 13.24. GENERAL SERVICE CHARGES

37368

The Department of Administrative Services, with the approval	37369
of the Director of Budget and Management, shall establish charges	37370
for recovering the costs of administering the programs in the	37371
General Services Fund (Fund 117) and the State Printing Fund (Fund	37372
210).	37373

Section 14.  AAM COMMISSION ON AFRICAN AMERICAN MALES	37374

General Revenue Fund

37375

State Special Revenue Fund Group

37382

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW	37386

No later than December 31, 2001, the Commission on African	37387
American Males shall submit to the chairperson and ranking	37388
minority member of the Human Services Subcommittee of the Finance	37389
and Appropriations Committee of the House of Representatives a	37390
report that demonstrates the progress that has been made toward	37391
meeting the Commission's mission statement.	37392

Section 15.  JCR JOINT COMMITTEE ON AGENCY RULE REVIEW	37393

General Revenue Fund

37394

OPERATING

37398

The Chief Administrative Officer of the House of	37399
Representatives and the Clerk of the Senate shall determine, by	37400
mutual agreement, which of them shall act as fiscal agent for the	37401
Joint Committee on Agency Rule Review.	37402

Section 16.  AGE DEPARTMENT OF AGING	37403

General Revenue Fund

37404

General Services Fund Group

37422

Federal Special Revenue Fund Group

37426

State Special Revenue Fund Group

37434

Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	37444
ADMISSION	37445

Pursuant to sections 5101.751 and 5101.754 of the Revised	37446
Code and an interagency agreement, the Department of Job and	37447
Family Services shall designate the Department of Aging to perform	37448
assessments under sections 5101.75 and 5111.204 of the Revised	37449
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	37450
Department of Aging may use not more than $2,390,300 in fiscal	37451
year 2002 and $2,450,058 in fiscal year 2003 to perform the	37452
assessments for persons not eligible for Medicaid in accordance	37453
with the department's interagency agreement with the Department of	37454
Job and Family Services and to assist individuals in planning for	37455
their long-term health care needs.	37456

Section 16.02.  PASSPORT

37457

Appropriation item 490-403, PASSPORT, and the amounts set	37458
aside for the PASSPORT Waiver Program in appropriation item	37459
490-610, PASSPORT/Residential State Supplement, may be used to	37460
assess clients regardless of Medicaid eligibility.	37461

The Director of Aging shall adopt rules under section 111.15	37462
of the Revised Code governing the nonwaiver funded PASSPORT	37463
program, including client eligibility.	37464

The Department of Aging shall administer the Medicaid Waiver	37465
funded PASSPORT Home Care program as delegated by the Department	37466
of Job and Family Services in an interagency agreement. The	37467
foregoing appropriation item 490-403, PASSPORT, and the amounts	37468
set aside for the PASSPORT Waiver Program in appropriation item	37469
490-610, PASSPORT/Residential State Supplement, shall be used to	37470
provide the required state match for federal Medicaid funds	37471
supporting the Medicaid Waiver funded PASSPORT Home Care program.	37472
Appropriation item 490-403, PASSPORT, and the amounts set aside	37473
for the PASSPORT Waiver Program in appropriation item 490-610,	37474
PASSPORT/Residential State Supplement, may also be used to support	37475
the Department of Aging's administrative costs associated with	37476
operating the PASSPORT program.	37477

The foregoing appropriation item 490-607, PASSPORT, shall be	37478
used to provide the federal matching share for all PASSPORT	37479
program costs determined by the Department of Job and Family	37480
Services to be eligible for Medicaid reimbursement.	37481

ELDERCARE PILOT

37482

The foregoing appropriation item 490-404, Eldercare, shall be	37483
used to fund the existing eldercare service programs and shall be	37484
limited to providing services to those persons who are enrolled in	37485
these programs on the effective date of this section.	37486

SENIOR COMMUNITY SERVICES

37487

The foregoing appropriation item 490-411, Senior Community	37488
Services, shall be used for services designated by the Department	37489
of Aging, including, but not limited to, home-delivered meals,	37490
transportation services, personal care services, respite services,	37491
home repair, and care coordination. Service priority shall be	37492
given to low income, frail, and cognitively impaired persons 60	37493
years of age and over. The department shall promote cost sharing	37494
by service recipients for those services funded with block grant	37495
funds, including, where possible, sliding-fee scale payment	37496
systems based on the income of service recipients.	37497

ALZHEIMERS RESPITE

37498

The foregoing appropriation item 490-414, Alzheimers Respite,	37499
shall be used only to fund Alzheimer's disease services under	37500
section 173.04 of the Revised Code.	37501

TRANSPORTATION FOR ELDERLY

37502

The foregoing appropriation item 490-416, Transportation for	37503
Elderly, shall be used for non-capital expenses related to	37504
transportation services for the elderly that provide access to	37505
such things as healthcare services, congregate meals,	37506
socialization programs, and grocery shopping. The appropriation	37507
shall be allocated to the following agencies:	37508

(A) $45,000 per fiscal year to the Cincinnati Jewish	37509
Vocational Services;	37510

(B) $45,000 per fiscal year to the Cleveland Jewish	37511
Community Center;	37512

(C) $45,000 per fiscal year to the Columbus Jewish	37513
Federation;	37514

(D) $20,000 per fiscal year to the Dayton Jewish Family	37515
Services;	37516

(E) $10,000 per fiscal year to the Akron Jewish Community	37517
Center;	37518

(F) $5,000 per fiscal year to the Youngstown Jewish	37519
Federation;	37520

(G) $3,000 per fiscal year to the Canton Jewish Federation;

37521

(H) $10,000 per fiscal year to the Toledo Jewish Federation.

37522

Agencies receiving funding from appropriation item 490-XXX,	37523
Transportation for Elderly, shall coordinate services with other	37524
local service agencies.	37525

RESIDENTIAL STATE SUPPLEMENT

37526

Under the Residential State Supplement Program, the amount	37527
used to determine whether a resident is eligible for payment and	37528
for determining the amount per month the eligible resident will	37529
receive shall be as follows:	37530

(A) $900 for a residential care facility, as defined in	37531
section 3721.01 of the Revised Code;	37532

(B) $900 for an adult group home, as defined in Chapter	37533
3722. of the Revised Code;	37534

(C) $800 for an adult foster home, as defined in Chapter	37535
173. of the Revised Code;	37536

(D) $800 for an adult family home, as defined in Chapter	37537
3722. of the Revised Code;	37538

(E) $800 for an adult community alternative home, as defined	37539
in Chapter 3724. of the Revised Code;	37540

(F) $800 for an adult residential facility, as defined in	37541
Chapter 5119. of the Revised Code;	37542

(G) $600 for adult community mental health housing services,	37543
as defined in division (B)(5) of section 173.35 of the Revised	37544
Code.	37545

The Departments of Aging and Job and Family Services shall	37546
reflect this amount in any applicable rules the departments adopt	37547
under section 173.35 of the Revised Code.	37548

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

37549

The Department of Aging may transfer cash by intrastate	37550
transfer vouchers from the foregoing appropriation items 490-412,	37551
Residential State Supplement, and 490-610, PASSPORT/Residential	37552
State Supplement, to the Department of Job and Family Services'	37553
Fund 4J5, Home and Community-Based Services for the Aged Fund.	37554
The funds shall be used to make benefit payments to Residential	37555
State Supplement recipients.	37556

LONG-TERM CARE OMBUDSMAN

37557

The foregoing appropriation item 490-410, Long-Term Care	37558
Ombudsman, shall be used for a program to fund ombudsman program	37559
activities in nursing homes, adult care facilities, boarding	37560
homes, and home and community care services.	37561

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

37562

The foregoing appropriation item 490-609, Regional Long-Term	37563
Care Ombudsman Programs, shall be used solely to pay the costs of	37564
operating the regional long-term care ombudsman programs.	37565

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

37566

Of the foregoing appropriation item 490-610,	37567
PASSPORT/Residential State Supplement, up to $2,835,000 each	37568
fiscal year shall be used to fund the Residential State Supplement	37569
Program. The remaining available funds shall be used to fund the	37570
PASSPORT program.	37571

Section 16.03. RESIDENTIAL STATE SUPPLEMENT	37572

If the Department of Aging, in consultation with the Director	37573
of Budget and Management, determines that available funding is	37574
insufficient to make payments to all eligible individuals, the	37575
department may establish priority policies to further limit	37576
eligibility criteria.	37577

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	37578
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	37579

Upon written request of the Director of Aging, the Director	37580
of Budget and Management may transfer appropriation authority	37581
among appropriation items 490-611, Federal Aging Nutrition,	37582
490-612, Federal Supportive Services, and 490-618, Older Americans	37583
Support Services, in amounts not to exceed 30 per cent of the	37584
appropriation from which the transfer is made. The Department of	37585
Aging shall report such transfers to the Controlling Board at the	37586
next regularly scheduled meeting of the board.	37587

OHIO COMMUNITY SERVICE COUNCIL

37588

The foregoing appropriation items 490-409, Ohio Community	37589
Service Council, and 490-617, Ohio Community Service Council	37590
Programs, shall be used in accordance with section 121.40 of the	37591
Revised Code.	37592

Section 17.  AGR DEPARTMENT OF AGRICULTURE	37593

General Revenue Fund

37594

Federal Special Revenue Fund Group

37616

State Special Revenue Fund Group

37624

ANIMAL DISEASE CONTROL

The funds in appropriation item 700-401, Animal Disease Control, may be used for the detection, prevention, and emergency management of, and the education of the public regarding, Foot and Mouth disease, Mad Cow disease, and West Nile virus.

THE DAIRY INDUSTRY FUND

37646

On July 1, 2001, or as soon thereafter as possible, the	37647
Director of Budget and Management shall transfer the cash balance	37648
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	37649
4R2). The director shall cancel any existing encumbrances against	37650
appropriation item 700-602, License Fees (Fund 4V0), and	37651
reestablish them against appropriation item 700-637, Dairy	37652
Inspection (Fund 4R2). The amounts of the reestablished	37653
encumbrances are appropriated.	37654

Section 18.  AIR AIR QUALITY DEVELOPMENT AUTHORITY	37655

Agency Fund Group

37656

Section 19.  ADA DEPARTMENT OF ALCOHOL AND

37663

DRUG ADDICTION SERVICES

37664

General Revenue Fund

37665

General Services Fund

37670

Federal Special Revenue Fund Group

37674

State Special Revenue Fund Group

37682

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

37688

Of the foregoing appropriation item 038-401, Alcohol and Drug	37689
Addiction Services, $4 million in each fiscal year shall be	37690
allocated for services to families, adults, and adolescents	37691
pursuant to the requirements of Am. Sub. H.B. 484 of the 122nd	37692
General Assembly.	37693

ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

37694

The foregoing appropriation item 038-629, TANF	37695
Transfer-Treatment, shall be used to provide substance abuse	37696
prevention and treatment services to children, or their families,	37697
whose income is at or below 200 per cent of the official income	37698
poverty guideline.	37699

The foregoing appropriation item 038-630, TANF	37700
Transfer-Mentoring, shall be used to fund adolescent youth	37701
mentoring programs for children, or their families, whose income	37702
is at or below 200 per cent of the official income poverty	37703
guideline. The Director of Alcohol and Drug Addiction Services	37704
and the Director of Job and Family Services shall develop	37705
operating and reporting guidelines for these programs.	37706

PARENT AWARENESS TASK FORCE

37707

The Parent Awareness Task Force shall study ways to engage	37708
more parents in activities, coalitions, and educational programs	37709
in Ohio relating to alcohol and other drug abuse prevention. Of	37710
the foregoing appropriation item 038-404, Prevention Services,	37711
$30,000 in each fiscal year may be used to support the functions	37712
of the Parent Awareness Task Force.	37713

PLAN TO EVALUATE PER CAPITA FORMULA	37714

Not later than June 30, 2002, the Department of Alcohol and	37715
Drug Addiction Services shall establish a plan to evaluate the	37716
current per capita formula used in determining how state and	37717
federal funds for alcohol and drug addiction services are	37718
allocated under section 3793.04 of the Revised Code. The plan	37719
shall evaluate all of the following:	37720

(A) Whether population statistics alone should be used to	37721
quantify the need for funding in a county;	37722

(B) Whether other social and economic demographic indicators	37723
should be utilized;	37724

(C) The appropriateness of the current per capita formula.

37725

Section 20.  AMB AMBULANCE LICENSING BOARD	37726

General Services Fund Group

37727

Section 21.  ARC STATE BOARD OF EXAMINERS OF ARCHITECTS	37733

General Services Fund Group

37734

Section 22.  ART OHIO ARTS COUNCIL	37740

General Revenue Fund

37741

General Services Fund Group

37747

Federal Special Revenue Fund Group

37751

PER CENT FOR ART ACQUISITIONS

37755

The unobligated balance remaining from prior projects of	37756
appropriation item 370-603, Per Cent for Art Acquisitions, shall	37757
be used by the Ohio Arts Council to pay for start-up costs in	37758
connection with the selection of artists of new Per Cent for Art	37759
projects.	37760

Section 23.  AFC OHIO ARTS AND SPORTS FACILITIES	37761

COMMISSION

37762

General Revenue Fund

37763

State Special Revenue Fund Group

37767

OHIO BUILDING AUTHORITY LEASE PAYMENTS

37772

Appropriations to the Arts and Sports Facilities Commission	37773
from the General Revenue Fund include $69,939,300 for the biennium	37774
for appropriation item 371-401, Lease Rental Payments. This	37775
appropriation shall be used for payments to the Ohio Building	37776
Authority for the period July 1, 2001, to June 30, 2003, pursuant	37777
to the primary leases and agreements for those buildings made	37778
under Chapter 152. of the Revised Code which are the source of	37779
funds pledged for bond service charges on related obligations	37780
issued pursuant to Chapter 152. of the Revised Code.	37781

OPERATING EXPENSES

37782

The foregoing appropriation item 371-603, Project	37783
Administrationn, shall be used by the Ohio Arts and Sports	37784
Facilities Commission to carry out its responsibilities pursuant	37785
to this section and Chapter 3383. of the Revised Code.	37786

Within ten days after the effective date of this section, or	37787
as soon as possible thereafter, the Executive Director of the Ohio	37788
Arts and Sports Facilities Commission shall certify to the	37789
Director of Budget and Management the amount of cash to be	37790
transferred from the Arts Facilities Building Fund (Fund 030) and	37791
the Sports Facilities Building Fund (Fund 024) to the Arts and	37792
Sports Facilities Commission Administration Fund (Fund 4T8).	37793

Section 24.  ATH ATHLETIC COMMISSION	37794

General Services Fund Group

37795

Section 25. AGO ATTORNEY GENERAL

37800

General Revenue Fund

37801

General Services Fund Group

37808

Federal Special Revenue Fund Group

37823

State Special Revenue Fund Group

37831

Holding Account Redistribution Fund Group

37839

LAW-RELATED EDUCATION

37848

The foregoing appropriation item 055-405, Law-Related	37849
Education, shall be distributed directly to the Ohio Center for	37850
Law-Related Education for the purposes of providing continuing	37851
citizenship education activities to primary and secondary students	37852
and accessing additional public and private money for new	37853
programs.	37854

WORKERS' COMPENSATION SECTION

37855

The Workers' Compensation Section Fund (Fund 195) shall	37856
receive payments from the Bureau of Workers' Compensation and the	37857
Ohio Industrial Commission at the beginning of each quarter of	37858
each fiscal year to fund legal services to be provided to the	37859
Bureau of Workers' Compensation and the Ohio Industrial Commission	37860
during the ensuing quarter. Such advance payment shall be subject	37861
to adjustment.	37862

In addition, the Bureau of Workers' Compensation shall	37863
transfer payments at the beginning of each quarter for the support	37864
of the Workers' Compensation Fraud Unit.	37865

All amounts shall be mutually agreed upon by the Attorney	37866
General, the Bureau of Workers' Compensation, and the Ohio	37867
Industrial Commission.	37868

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

37869

The foregoing appropriation item 055-636, Corrupt Activity	37870
Investigation and Prosecution, shall be used as provided by	37871
division (D)(2) of section 2923.35 of the Revised Code to dispose	37872
of the proceeds, fines, and penalties credited to the Corrupt	37873
Activity Investigation and Prosecution Fund, which is created in	37874
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	37875
is determined that additional amounts are necessary, the amounts	37876
are appropriated.	37877

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

37878

In fiscal years 2002 and 2003, the Attorney General's Office	37879
may request that the Director of Budget and Management transfer	37880
appropriation authority from appropriation Item 055-321, Operating	37881
Expenses, to appropriation item 055-406, Community Police Match	37882
and Law Enforcement Assistance. The Director of Budget and	37883
Management shall then transfer appropriation authority from	37884
appropriation item 055-321, Operating Expenses, to appropriation	37885
item 055-406, Community Police Match and Law Enforcement	37886
Assistance. Moneys transferred to appropriation item 055-406	37887
shall be used to pay operating expenses and to provide grants to	37888
local law enforcement agencies and communities for the purpose of	37889
supporting law enforcement-related activities.	37890

Section 26.  AUD AUDITOR OF STATE	37891

General Revenue Fund

37892

General Services Fund Group

37898

Holding Account Redistribution Fund Group

37905

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

37910

The foregoing appropriation item 070-403, Fiscal	37911
Watch/Emergency Technical Assistance, shall be used for all	37912
expenses incurred by the Office of the Auditor of State in its	37913
role relating to fiscal watch or fiscal emergency activities under	37914
Chapters 118. and 3316. of the Revised Code. Expenses shall	37915
include, but shall not be limited to, the following: duties	37916
related to the determination or termination of fiscal watch or	37917
fiscal emergency of municipal corporations, counties, or townships	37918
as outlined in Chapter 118. of the Revised Code and of school	37919
districts as outlined in Chapter 3316. of the Revised Code;	37920
development of preliminary accounting reports; performance of	37921
annual forecasts; provision of performance audits; and	37922
supervisory, accounting, or auditing services for the mentioned	37923
public entities and school districts. The unencumbered balance of	37924
appropriation item 070-403, Fiscal Watch/Fiscal Emergency	37925
Technical Assistance, at the end of fiscal year 2002 is	37926
transferred to fiscal year 2003 for use under the same	37927
appropriation item.	37928

ELECTRONIC DATA PROCESSING

37929

The unencumbered balance of appropriation item 070-405,	37930
Electronic Data Processing-Auditing and Administration, at the end	37931
of fiscal year 2002 is transferred to fiscal year 2003 for use	37932
under the same appropriation item.	37933

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

37934

The foregoing appropriation item 070-406, Uniform Accounting	37935
Network/Technology Improvements Fund, shall be used to pay the	37936
costs of developing and implementing the Uniform Accounting	37937
Network and technology improvements for the Office of the Auditor	37938
of State. The unencumbered balance of the appropriation at the	37939
end of fiscal year 2002 is transferred to fiscal year 2003 to pay	37940
the costs of the developing and implementing the Uniform	37941
Accounting Network and technology improvements for the Office of	37942
the Auditor of State.	37943

Section 27.  BRB BOARD OF BARBER EXAMINERS	37944

General Services Fund Group

37945

Section 28.  OBM OFFICE OF BUDGET AND MANAGEMENT

37951

General Revenue Fund

37952

General Services Fund Group

37958

State Special Revenue Fund Group

37962

OFFICE OF QUALITY SERVICES

37966

A portion of the foregoing appropriation item 042-401, Office	37967
of Quality Services, may be used to provide financial sponsorship	37968
support for conferences and showcases that promote quality	37969
improvement efforts. These expenditures are not subject to	37970
Chapter 125. of the Revised Code.	37971

OHIO'S QUALITY SHOWCASE

37972

The Office of Quality Services may cosponsor Ohio's Quality	37973
Showcase. The office may grant funds to other sponsoring entities	37974
for the purpose of conducting this event, provided that the grants	37975
are used exclusively for the direct expenses of the event.	37976

Any state agency, at the discretion and with the approval of	37977
the director or other executive authority of the agency, may	37978
provide financial or in-kind support for Ohio's Quality Showcase	37979
cosponsored by the Office of Quality Services. Any financial	37980
contribution made by an agency shall not exceed $5,000 annually.	37981

AUDIT COSTS

37982

Of the foregoing appropriation item 042-603, State	37983
Accounting, not more than $450,000 in fiscal year 2002 and	37984
$350,000 in fiscal year 2003 shall be used to pay for centralized	37985
audit costs associated with either Single Audit Schedules or	37986
financial statements prepared in conformance with generally	37987
accepted accounting principles for the state.	37988

Section 29.  CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	37989

General Revenue Fund

37990

General Services Fund Group

37993

Underground Parking Garage

37999

Section 30.  CHR STATE BOARD OF CHIROPRACTIC EXAMINERS	38005

General Services Fund Group

38006

Section 31.  CIV OHIO CIVIL RIGHTS COMMISSION	38012

General Revenue Fund

38013

Federal Special Revenue Fund Group

38018

State Special Revenue Fund Group

38022

Section 32.  COM DEPARTMENT OF COMMERCE

38027

General Revenue Fund

38028

General Services Fund Group

38032

Federal Special Revenue Fund Group

38037

State Special Revenue Fund Group

38043

Liquor Control Fund Group

38068

GRANTS-VOLUNTEER FIRE DEPARTMENTS

38076

The foregoing appropriation item 800-402, Grants-Volunteer	38077
Fire Departments, shall be used to make annual grants to volunteer	38078
fire departments of up to $10,000, or up to $25,000 if the	38079
volunteer fire department provides service for an area affected by	38080
a natural disaster. The grant program shall be administered by	38081
the Fire Marshal under the Department of Commerce. The Fire	38082
Marshal shall adopt rules necessary for the administration and	38083
operation of the grant program.	38084

Notwithstanding division (A) of section 121.084 of the	38085
Revised Code, upon the request of the Director of Commerce, the	38086
Director of Budget and Management shall transfer $200,000 cash in	38087
fiscal year 2002 and $100,000 cash in fiscal year 2003 from the	38088
Industrial Compliance Fund (Fund 556) to the General Revenue Fund.	38089

LABOR AND WORKER SAFETY

38090

The Department of Commerce may designate a portion of	38091
appropriation item 800-410, Labor and Worker Safety, to be used to	38092
match federal funding for the OSHA on-site consultation program.	38093

SMALL GOVERNMENT FIRE DEPARTMENTS

38094

Upon the request of the Director of Commerce, the Director of	38095
Budget and Management shall transfer $250,000 cash in each fiscal	38096
year from the Industrial Compliance Fund (Fund 556) within the	38097
State Special Revenue Fund Group to the Small Government Fire	38098
Departments Fund (Fund 5F1) within the General Services Fund	38099
Group.	38100

Notwithstanding section 3737.17 of the Revised Code, the	38101
foregoing appropriation item 800-635, Small Government Fire	38102
Departments, may be used to provide loans to private fire	38103
departments.	38104

PENALTY ENFORCEMENT

38105

The foregoing appropriation item 800-621, Penalty	38106
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	38107
of the Revised Code.	38108

On July 1, 2001, or as soon thereafter as possible, the	38109
Director of Budget and Management shall transfer the cash balance	38110
in the Penalty Enforcement Fund that was in the custody of the	38111
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	38112
created in the state treasury by section 4115.10 of the Revised	38113
Code. The fund shall be used for deposit of moneys received from	38114
penalties paid under section 4115.10 of the Revised Code.	38115

UNCLAIMED FUNDS PAYMENTS

38116

The foregoing appropriation item 800-625, Unclaimed	38117
Funds-Claims, shall be used to pay claims pursuant to section	38118
169.08 of the Revised Code. If it is determined that additional	38119
amounts are necessary, the amounts are appropriated.	38120

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

38121

The Director of Commerce may, upon concurrence by the	38122
Director of Budget and Management, submit to the Controlling Board	38123
for approval a request for increased appropriation authority for	38124
appropriation item 800-601, Merchandising.	38125

CASH BALANCE TRANSFER

38126

On July 1, 2001, or as soon thereafter as possible, the	38127
Director of Budget and Management shall transfer the cash balance	38128
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	38129
Fund (Fund 043) created in section 4301.12 of the Revised Code.	38130
Upon the completion of the transfer, the Salvage and Exchange	38131
Fund, which was created by the Controlling Board during the	38132
1973-1975 biennium, is abolished. The director shall cancel any	38133
existing encumbrances against appropriation item 800-634, Salvage	38134
and Exchange, and reestablish them against appropriation item	38135
800-627, Liquor Control Operating.	38136

DEVELOPMENT ASSISTANCE DEBT SERVICE	38137

The foregoing appropriation item 800-633, Development	38138
Assistance Debt Service, shall be used to meet all payments at the	38139
times they are required to be made during the period from July 1,	38140
2001, to June 30, 2003, for bond service charges on obligations	38141
issued under section 166.08 of the Revised Code, but limited to	38142
the aggregate amount of $32,275,900. If it is determined that	38143
additional appropriations are necessary for this purpose, such	38144
amounts are hereby appropriated, provided that the appropriation	38145
does not exceed $25,000,000 in any fiscal year, except as may be	38146
needed for payments on obligations issued to meet guarantees.	38147

REVITALIZATION DEBT SERVICE

38148

The foregoing appropriation item 800-636, Revitalization Debt	38149
Service, shall be used to pay debt service and related financing	38150
costs during the period from July 1, 2001, to June 30, 2003, on	38151
obligations to be issued for revitalization purposes under Section	38152
2o of Article VIII, Ohio Constitution, and implementing	38153
legislation. If it is determined that additional appropriations	38154
are necessary for this purpose, such amounts are hereby	38155
appropriated. The General Assembly acknowledges: (A) the priority	38156
of the pledge of a portion of receipts from that source to	38157
obligations issued and to be issued and guarantees made and to be	38158
made under Chapter 166. of the Revised Code; and (B) that this	38159
appropriation is subject to further consideration pursuant to	38160
implementing legislation.	38161

ADMINISTRATIVE ASSESSMENTS

38162

Notwithstanding any other provision of law to the contrary,	38163
Fund 163, Administration, shall receive assessments from all	38164
operating funds of the department in accordance with procedures	38165
prescribed by the Director of Commerce and approved by the	38166
Director of Budget and Management.	38167

Section 33. OCC OFFICE OF CONSUMERS' COUNSEL

38168

General Services Fund Group

38169

CONSUMERS' COUNSEL TRANSFER

38173

On July 1, 2001, or as soon as possible thereafter, the	38174
Director of Budget and Management shall transfer $349,758.12 in	38175
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the	38176
General Revenue Fund.	38177

Section 34.  CEB CONTROLLING BOARD

38178

General Revenue Fund

38179

State Special Revenue Fund Group

38184

FEDERAL SHARE

38189

In transferring appropriations to or from appropriation items	38190
that have federal shares identified in this act, the Controlling	38191
Board shall add or subtract corresponding amounts of federal	38192
matching funds at the percentages indicated by the state and	38193
federal division of the appropriations in this act. Such changes	38194
are appropriated.	38195

DISASTER SERVICES

38196

The foregoing appropriation item 911-601, Disaster Services,	38197
shall be used by the Controlling Board, pursuant to requests	38198
submitted by state agencies, to transfer cash and appropriation	38199
authority to any fund and appropriation item for the payment of	38200
state agency program expenses as follows:	38201

(A) The southern Ohio flooding, referred to as	38202
FEMA-DR-1164-OH;	38203

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

38204

(C) The Southern Ohio flooding, referred to as	38205
FEMA-DR-1321-OH;	38206

(D) The flooding referred to as FEMA-DR-1339-OH;

38207

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

38208

(F) Other disasters declared by the Governor, if the	38209
Director of Budget and Management determines that sufficient funds	38210
exist beyond the expected program costs of these disasters.	38211

MANDATE ASSISTANCE

38212

(A) The foregoing appropriation item 911-404, Mandate	38213
Assistance, shall be used to provide financial assistance to local	38214
units of government, school districts, and fire departments for	38215
the cost of the following three unfunded state mandates:	38216

(1) The cost to county prosecutors for prosecuting certain	38217
felonies that occur on the grounds of state institutions operated	38218
by the Department of Rehabilitation and Correction and the	38219
Department of Youth Services;	38220

(2) The cost, primarily to small villages and townships, of	38221
providing firefighter training and equipment or gear;	38222

(3) The cost to school districts of in-service training for	38223
child abuse detection.	38224

(B) The State and Local Government Commission may prepare	38225
and submit to the Controlling Board one or more requests to	38226
transfer appropriations from appropriation item 911-404, Mandate	38227
Assistance, to the state agencies charged with administering the	38228
state financial assistance to be provided under this section. The	38229
state agencies charged with this administrative responsibility are	38230
listed below, as well as the estimated annual amounts that the	38231
commission may propose be used for each program of state financial	38232
assistance.	38233

(C) Subject to the total amount appropriated in each fiscal	38240
year for appropriation item 911-404, Mandate Assistance, the	38241
commission may propose to the Controlling Board that amounts	38242
smaller or larger than these estimated annual amounts be	38243
transferred to each program.	38244

(D) In addition to making the initial transfers requested by	38245
the commission, the Controlling Board may, if requested by the	38246
commission, transfer appropriations received by a state agency	38247
under this section back to appropriation item 911-404, Mandate	38248
Assistance, or to one or more of the other programs of state	38249
financial assistance identified under this section.	38250

(E) It is expected that not all costs incurred by local	38251
units of government, school districts, and fire departments under	38252
each of the three programs of state financial assistance	38253
identified under this section will be fully reimbursed by the	38254
state. Reimbursement levels may vary by program and shall be	38255
based on: the relationship between the appropriation transfers	38256
requested by the commission and provided by the Controlling Board	38257
for each of the programs; the rules and procedures established for	38258
each program by the commission and the administering state agency;	38259
and the actual costs incurred by local units of government, school	38260
districts, and fire departments.	38261

(F) Each of these programs of state financial assistance	38262
shall be carried out as follows:	38263

(1) PROSECUTION COSTS

38264

(a) Appropriations may be transferred to the Office of	38265
Criminal Justice Services to cover local prosecution costs for	38266
aggravated murder, murder, felonies of the first degree, and	38267
felonies of the second degree that occur on the grounds of	38268
institutions operated by the Department of Rehabilitation and	38269
Correction and the Department of Youth Services.	38270

(b) Upon a delinquency filing in juvenile court or the	38271
return of an indictment for aggravated murder, murder, or any	38272
felony of the first or second degree that was committed at a	38273
Department of Youth Services or a Department of Rehabilitation and	38274
Correction institution, the affected county may, in accordance	38275
with rules that the Office of Criminal Justice Services shall	38276
adopt, apply to the Office of Criminal Justice Services for a	38277
grant to cover all documented costs that are incurred by the	38278
county prosecutor's office.	38279

(c) Twice each year, the Office of Criminal Justice Services	38280
shall designate counties to receive grants from those counties	38281
that have submitted one or more applications in compliance with	38282
the rules that have been adopted by the Office of Criminal Justice	38283
Services for the receipt of such grants. In each year's first	38284
round of grant awards, if sufficient appropriations have been	38285
made, up to a total of $100,000 may be awarded. In each year's	38286
second round of grant awards, the remaining appropriations	38287
available for this purpose may be awarded.	38288

(d) If for a given round of grants there are insufficient	38289
appropriations to make grant awards to all the eligible counties,	38290
the first priority shall be given to counties with cases involving	38291
aggravated murder and murder, second priority shall be given to	38292
cases involving a felony of the first degree, and third priority	38293
shall be given to cases involving a felony of the second degree.	38294
Within these priorities, the grant awards shall be based on the	38295
order in which the applications were received, except that	38296
applications for cases involving a felony of the first or second	38297
degree shall not be considered in more than two consecutive rounds	38298
of grant awards.	38299

(2) FIREFIGHTER TRAINING COSTS

38300

Appropriations may be transferred to the Department of	38301
Commerce for use as full or partial reimbursement to local units	38302
of government and fire departments for the cost of firefighter	38303
training and equipment or gear. In accordance with rules that the	38304
department shall adopt, a local unit of government or fire	38305
department may apply to the department for a grant to cover all	38306
documented costs that are incurred to provide firefighter training	38307
and equipment or gear. The department shall make grants within	38308
the limits of the funding provided, with priority given to fire	38309
departments that serve small villages and townships.	38310

(3) CHILD ABUSE DETECTION TRAINING COSTS

38311

Appropriations may be transferred to the Department of	38312
Education for disbursement to local school districts as full or	38313
partial reimbursement for the cost of providing in-service	38314
training for child abuse detection. In accordance with rules that	38315
the department shall adopt, a local school district may apply to	38316
the department for a grant to cover all documented costs that are	38317
incurred to provide in-service training for child abuse detection.	38318
The department shall make grants within the limits of the funding	38319
provided.	38320

(G) If, by the first day of June of each fiscal year, one of	38321
these three specified unfunded state mandates receives funding	38322
assistance directly from the General Revenue Fund, as opposed to	38323
receiving appropriations indirectly through the transfer mechanism	38324
described in this section, then this state mandate is no longer	38325
considered unfunded for the purposes of this section. In such a	38326
circumstance, the State and Local Government Commission may	38327
prepare and submit a request to the Controlling Board to replace	38328
this now funded state mandate with another unfunded state mandate.	38329
If approved by the Controlling Board, this replacement unfunded	38330
state mandate is eligible for the same amount of state financial	38331
assistance that the unfunded state mandate it is replacing was	38332
eligible for and under the same general conditions that govern the	38333
three unfunded state mandates specified in this section. The	38334
State and Local Government Commission's request to the Controlling	38335
Board for approval of this replacement unfunded state mandate	38336
shall include a description of how the program of state financial	38337
assistance for this replacement unfunded state mandate will be	38338
implemented.	38339

(H) Within thirty calendar days prior to the end of fiscal	38340
years 2002 and 2003, each administering agency shall file a report	38341
with the State and Local Government Commission and the Controlling	38342
Board providing detailed information on its expenditure of any	38343
mandate assistance funding that was transferred under this section	38344
over the course of the current biennium to the administering	38345
agency by the Controlling Board.	38346

(I) Any moneys allocated within appropriation item 911-404,	38347
Mandate Assistance, not fully utilized may, upon application of	38348
the State and Local Government Commission, and with the approval	38349
of the Controlling Board, be disbursed to boards of county	38350
commissioners to provide reimbursement for office space,	38351
equipment, and related mandated expenses for educational service	38352
centers.	38353

The amount to be disbursed to each county shall be allocated	38354
proportionately to the ADM of the educational service center for	38355
which a board of county commissioners is required to provide an	38356
office under section 3319.19 of the Revised Code.	38357

OHIO'S BICENTENNIAL CELEBRATION

38358

The foregoing appropriation item 911-408, Ohio's Bicentennial	38359
Celebration, shall be distributed according to a plan approved by	38360
the Ohio Bicentennial Commission. Pursuant to requests submitted	38361
by the Ohio Bicentennial Commission, the Controlling Board may	38362
approve transfers from the foregoing appropriation item 911-408,	38363
Ohio's Bicentennial Celebration, to appropriation item 360-503,	38364
Ohio Bicentennial Commission, or to other new or existing	38365
appropriation items of a state agency or other entity as specified	38366
by the commission.	38367

BALLOT ADVERTISING COSTS

38368

Pursuant to requests submitted by the Ohio Ballot Board, the	38369
Controlling Board shall approve transfers from the foregoing	38370
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	38371
Ballot Board appropriation item in order to reimburse county	38372
boards of elections for the cost of public notices associated with	38373
statewide ballot initiatives.	38374

Of the foregoing appropriation item 911-441, Ballot	38375
Advertising Costs, the Director of Budget and Management shall	38376
transfer any amounts that are not needed for the purpose of	38377
reimbursing county boards of elections for the cost of public	38378
notices associated with statewide ballot initiatives to	38379
appropriation item 911-404, Mandate Assistance.	38380

Section 35.  COS STATE BOARD OF COSMETOLOGY	38381

General Services Fund Group

38382

Section 36.  CSW COUNSELOR AND SOCIAL WORKERS BOARD	38388

General Services Fund Group

38389

Section 37. CLA COURT OF CLAIMS

38395

General Revenue Fund

38396

State Special Revenue Fund Group

38399

Section 38.  CJS OFFICE OF CRIMINAL JUSTICE SERVICES	38405

General Revenue Fund

38406

General Services Fund Group

38412

Federal Special Revenue Fund Group

38415

INDIGENT DEFENSE

38419

The Office of Criminal Justice Services shall make all	38420
efforts to maximize the amount of funding available for the	38421
defense of indigent persons.	38422

CRIMINAL JUSTICE INFORMATION SYSTEM

38423

The foregoing appropriation item 196-401, Criminal Justice	38424
Information System, shall be used by the Office of Criminal	38425
Justice Services to work on a plan to improve Ohio's criminal	38426
justice information systems. The Director of Criminal Justice	38427
Services shall evaluate the progress of this plan and issue a	38428
report to the Governor, the Speaker and the Minority Leader of the	38429
House of Representatives, the President and the Minority Leader of	38430
the Senate, the Criminal Justice Policy Board, and the Legislative	38431
Service Commission by the first day of January of each year of the	38432
two-year biennium beginning July 1, 2001, and ending June 30,	38433
2003.	38434

OPERATING EXPENSES

38435

Of the foregoing appropriation item 196-424, Operating	38436
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in	38437
fiscal year 2003 shall be used for the purpose of matching federal	38438
funds.	38439

Section 39.  DEN STATE DENTAL BOARD	38440

General Services Fund Group

38441

Section 40.  BDP BOARD OF DEPOSIT	38447

General Services Fund Group

38448

BOARD OF DEPOSIT EXPENSE FUND

38453

Upon receiving certification of expenses from the Treasurer	38454
of State, the Director of Budget and Management shall transfer	38455
cash from the Investment Earnings Redistribution Fund (Fund 608)	38456
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	38457
shall be used to pay for banking charges and fees required for the	38458
operation of the State of Ohio Regular Account.	38459

Section 41. DEV DEPARTMENT OF DEVELOPMENT

38460

General Revenue Fund

38461

General Services Fund Group

38500

Federal Special Revenue Fund Group

38506

State Special Revenue Fund Group

38521

Facilities Establishment Fund

38538

Coal Research/Development Fund

38546

Section 41.01.  WASHINGTON OFFICE

38552

Of the foregoing appropriation items 195-100, Personal	38553
Services, 195-200, Maintenance, and 195-300, Equipment, no more	38554
than $335,700 in fiscal year 2002 and $335,700 in fiscal year 2003	38555
may be transferred to the General Reimbursement Fund (Fund 685) to	38556
support the Washington Office. The transfer shall be made using	38557
an intrastate transfer voucher.	38558

THOMAS EDISON PROGRAM

38559

The foregoing appropriation item 195-401, Thomas Edison	38560
Program, shall be used for the purposes of sections 122.28 to	38561
122.38 of the Revised Code in order to provide funds for	38562
cooperative public and private efforts in technological innovation	38563
to promote the development and transfer of technology by and to	38564
Ohio businesses that will lead to the creation of jobs, and to	38565
provide for the administration of this program by the Technology	38566
Division.	38567

Of the foregoing appropriation item 195-401, Thomas Edison	38568
Program, not more than $2,153,282 in fiscal year 2002 and	38569
$2,228,537 in fiscal year 2003 shall be used for the Technology	38570
Division's operating expenses in administering this program.	38571

Of the foregoing appropriation item 195-401, Thomas Edison	38572
Program, $187,500 in each fiscal year shall be used for the	38573
establishment of an e-logistics port at Rickenbacker Port	38574
Authority.	38575

Section 41.02.  SMALL BUSINESS DEVELOPMENT

38576

The foregoing appropriation item 195-404, Small Business	38577
Development, shall be used to ensure that the unique needs and	38578
concerns of small businesses are addressed.	38579

The foregoing appropriation shall be used to provide grants	38580
to local organizations to support the operation of Small Business	38581
Development Centers, and other local economic development activity	38582
promoting small business and for the cost of administering the	38583
program. The centers shall provide technical, financial, and	38584
management consultation for small business, and facilitate access	38585
to state and federal programs. These funds shall be used as	38586
matching funds for grants from the United States Small Business	38587
Administration and other federal agencies, pursuant to Public Law	38588
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	38589
regulations and policy guidelines for these programs.	38590

In addition, the Office of Small Business shall operate the	38591
One-Stop Business Permit Center, the Women's Business Resource	38592
Program, support government procurement assistance, and implement	38593
and coordinate the duties imposed on the Department of Development	38594
by Am. Sub. S.B. 239 of the 115th General Assembly.	38595

MINORITY BUSINESS DEVELOPMENT DIVISION

38596

Of the foregoing appropriation item 195-405, Minority	38597
Business Development Division, no less than $1,060,000 in each	38598
fiscal year shall be used to fund minority contractors and	38599
business assistance organizations. The Minority Business	38600
Development Division shall determine which cities need minority	38601
contractors and business assistance organizations by utilizing	38602
United States Census Bureau data and zip codes to locate the	38603
highest concentrations of minority businesses. The Minority	38604
Business Development Division also shall determine the numbers of	38605
minority contractors and business assistance organizations	38606
necessary and the amount of funding to be provided each. In	38607
addition, the Minority Business Development Division shall	38608
continue to plan and implement business conferences.	38609

Section 41.03.  TRANSITIONAL AND PERMANENT HOUSING PROGRAM

38610

Of the foregoing appropriation item 195-406, Transitional and	38611
Permanent Housing, the Office of Housing and Community	38612
Partnerships shall make grants to local governments and nonprofit	38613
organizations for the acquisition, rehabilitation, renovation,	38614
construction, conversion, operating, and supportive services costs	38615
for both new and existing transitional and permanent housing for	38616
the homeless.	38617

COAL RESEARCH DEVELOPMENT

38618

The foregoing appropriation item 195-408, Coal Research	38619
Development, shall be used for the administrative costs of the	38620
Coal Development Office within the Technology Division and for	38621
grants that encourage, promote, and assist the use of Ohio coal	38622
pursuant to section 1551.32 of the Revised Code.	38623

UTILITY PAYMENT ADMINISTRATION

38624

The foregoing appropriation item 195-409, Utility Payment	38625
Administration, shall be used for the administrative costs	38626
necessary to provide utility and fuel assistance benefits to	38627
eligible low-income Ohio households with elderly and disabled	38628
members.	38629

Section 41.04. BUSINESS DEVELOPMENT

38630

The foregoing appropriation item 195-412, Business	38631
Development Grants, shall be used as an incentive for attracting	38632
and retaining business opportunities for the state. Any such	38633
business opportunity, whether new, expanding, or relocating in	38634
Ohio, is eligible for funding. The project must create or retain	38635
a significant number of jobs for Ohioans. Grant awards may be	38636
considered only when (1) the project's viability hinges on an	38637
award of appropriation item 195-412, Business Development Grants,	38638
funds; (2) all other public or private sources of financing have	38639
been considered; or (3) the funds act as a catalyst for the	38640
infusion into the project of other financing sources.	38641

The department's primary goal shall be to award funds to	38642
political subdivisions of the state for off-site infrastructure	38643
improvements. In order to meet the particular needs of economic	38644
development in a region, the department may elect to award funds	38645
directly to a business for on-site infrastructure improvements.	38646
Infrastructure improvements mean improvements to water system	38647
facilities, sewer and sewage treatment facilities, electric or gas	38648
service facilities, fiber optic facilities, rail facilities, site	38649
preparation, and parking facilities. The Director of Development	38650
may recommend the funds be used in an alternative manner when	38651
deemed appropriate to meet an extraordinary economic development	38652
opportunity or need.	38653

The foregoing appropriation item 195-412, Business	38654
Development Grants, may be expended only after the submission of a	38655
request to the Controlling Board by the Department of Development	38656
outlining the planned use of the funds, and the subsequent	38657
approval of the request by the Controlling Board.	38658

The foregoing appropriation item 195-412, Business	38659
Development Grants, may be used for, but is not limited to,	38660
construction, rehabilitation, and acquisition projects for rail	38661
freight assistance as requested by the Department of	38662
Transportation. The Director of Transportation shall submit the	38663
proposed projects to the Director of Development for an evaluation	38664
of potential economic benefit.	38665

Section 41.05.  FIRST FRONTIER MATCH

38666

The foregoing appropriation item 195-414, First Frontier	38667
Match, shall be used as matching funds to targeted counties for	38668
the purpose of marketing state, regional, and local	38669
characteristics that may attract economic development. Targeted	38670
counties mean counties that have a population of less than 175,000	38671
residents. The appropriation may be used either for marketing	38672
programs by individual targeted counties or regional marketing	38673
campaigns, which are marketing programs in which at least one	38674
targeted county is participating with one or more other targeted	38675
counties or larger counties.	38676

REGIONAL OFFICES AND ECONOMIC DEVELOPMENT

38677

The foregoing appropriation item 195-415, Regional Offices	38678
and Economic Development, shall be used for the operating expenses	38679
of the Economic Development Division and the regional economic	38680
development offices and for grants for cooperative economic	38681
development ventures.	38682

Section 41.06.  GOVERNOR'S OFFICE OF APPALACHIAN OHIO

38683

The foregoing appropriation item 195-416, Governor's Office	38684
of Appalachia, shall be used for the administrative costs of	38685
planning and liaison activities for the Governor's Office of	38686
Appalachian Ohio. Funds not expended for liaison and training	38687
activities may be expended for special project grants within the	38688
Appalachian Region.	38689

Of the foregoing appropriation item 195-416, Governor's	38690
Office of Appalachia, up to $250,000 each fiscal year shall be	38691
used to match federal funds from the Appalachian Development	38692
Commission to provide job training to impact the Appalachian	38693
Region.	38694

Of the foregoing appropriation item 195-416, Governor's	38695
Office of Appalachia, $4,400,000 in each fiscal year shall be	38696
used in conjunction with other federal and state funds to provide	38697
financial assistance to projects in Ohio's Appalachian counties in	38698
order to further the goals of the Appalachian Regional Commission.	38699
Such projects and project sponsors shall meet Appalachian Regional	38700
Commission eligibility requirements. Grants shall be administered	38701
by the Department of Development.	38702

Of the foregoing appropriation item 195-416, Governor's	38703
Office of Appalachia, $500,000 in fiscal year 2002 shall be used	38704
by the Appalachian Energy Grant Authority to make grants to	38705
eligible applicants to enhance and maintain the economic welfare	38706
of the Appalachian Region through the support of manufacturing in	38707
the region.	38708

URBAN/RURAL INITIATIVE

38709

The foregoing appropriation item 195-417, Urban/Rural	38710
Initiative, shall be used to make grants in accordance with	38711
sections 122.19 to 122.22 of the Ohio Revised Code.	38712

TECHNOLOGY ACTION

38713

Prior to the release of funds from appropriation item	38714
195-422, Technology Action, each grant award shall first obtain	38715
approval from eight members of the Technology Action Board and	38716
from the Controlling Board.	38717

The Technology Action Board shall consist of fourteen members	38718
appointed by the Governor with the advice and consent of the	38719
Senate. Six members of the board shall be recognized technology	38720
and business leaders from the following sectors covering the	38721
state: Northeast, Southeast, Northwest, Central, Southwest, and	38722
the Miami Valley Area. One member shall come from the Wright	38723
Patterson Air Force Laboratory, one member from the NASA Glenn	38724
Research Center, one member from the Inter-University Council, and	38725
one member shall be the current Director of the Edison Centers	38726
Technology Council. The chair of the Technology Action Board	38727
shall be the Governor's Science and Technology Advisor, with staff	38728
and other support as needed from the Department of Development's	38729
Technology Division and from the Board of Regents' Academic and	38730
Access Division. In addition, the Directors of Development and	38731
Transportation (or their designees), and the Chancellor of the	38732
Board of Regents (or the Chancellor's designee) shall serve as	38733
ex-officio members of the board.	38734

The Technology Action Board, in accordance with Chapter 119.	38735
of the Revised Code, shall adopt program rules and develop	38736
guidelines for the release of funds.	38737

Of the foregoing appropriation item 195-422, Technology	38738
Action, not more than six per cent in each fiscal year shall be	38739
used for operating expenditures in administering this program.	38740

In addition to the six per cent for operating expenditures,	38741
an additional administrative amount, not to exceed $1,500,000	38742
within the biennium, shall be used for research, analyses, and	38743
marketing efforts deemed necessary to receive and disseminate	38744
information about science and technology related opportunities.	38745

Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS

38746

Of the foregoing appropriation item 195-431, Community	38747
Development Corporation Grants, a portion of funds in each fiscal	38748
year of the biennium shall be used to make grants to the Ohio	38749
Community Development Finance Fund, a nonprofit corporation, in	38750
order to leverage private-sector funds to assist nonprofit	38751
development organizations to create affordable housing and	38752
permanent jobs in distressed areas of the state. The remaining	38753
moneys shall be used to provide funds to assist local community	38754
development corporations to develop affordable housing programs	38755
and economic development programs in their neighborhoods, and for	38756
operating costs.	38757

Of the foregoing appropriation item 195-431, Community	38758
Development Corporation Grants, not less than $100,000 in each	38759
fiscal year shall be used to provide training, technical	38760
assistance, and capacity building assistance to nonprofit	38761
development organizations in underserved areas of the state. For	38762
grants awarded in each fiscal year of the biennium, priority shall	38763
be given to proposals submitted by nonprofit development	38764
organizations from underserved areas of the state.	38765

Section 41.08.  INTERNATIONAL TRADE

38766

The foregoing appropriation item 195-432, International	38767
Trade, shall be used to operate and to maintain Ohio's	38768
out-of-state trade offices.	38769

The Director of Development may enter into contracts with	38770
foreign nationals to staff foreign offices. Such contracts may be	38771
paid in local currency or United States currency and shall be	38772
exempt from the provisions of section 127.16 of the Revised Code.	38773
The director also may establish foreign currency accounts in	38774
accordance with section 122.05 of the Revised Code for the payment	38775
of expenses related to the operation and maintenance of the	38776
foreign trade offices.	38777

The foregoing appropriation item 195-432, International	38778
Trade, shall be used to fund the International Trade Division and	38779
to assist Ohio manufacturers and agricultural producers in	38780
exporting to foreign countries in conjunction with the Department	38781
of Agriculture.	38782

Of the foregoing appropriation item 195-432, International	38783
Trade, up to $35,000 may be used to purchase gifts for	38784
representatives of foreign governments or dignitaries of foreign	38785
countries.	38786

Section 41.09.  OHIO INVESTMENT IN TRAINING PROGRAM

38787

The foregoing appropriation item 195-434, Investment in	38788
Training Grants, shall be used to promote industrial training	38789
through training grants for the reimbursement of eligible training	38790
expenses.	38791

Section 41.10.  EMERGENCY SHELTER HOUSING GRANTS

38792

(A) As used in this section, "emergency shelter housing"	38793
means a structure suitable for the temporary housing of the	38794
homeless and the provision of, or referral to, supportive	38795
services. Shelters that restrict admission to victims of domestic	38796
violence, runaways, or alcohol or substance abusers shall not be	38797
considered emergency shelter housing.	38798

(B) The foregoing appropriation item 195-440, Emergency	38799
Shelter Housing Grants, shall be used by the Office of Housing and	38800
Community Partnerships in the Department of Development to make	38801
grants to private, nonprofit organizations to provide emergency	38802
shelter housing for the homeless. The department shall distribute	38803
the grants pursuant to rules adopted by the Director of	38804
Development. The director may amend or rescind the rules and may	38805
adopt other rules necessary to implement this section. In awarding	38806
grants, the department shall give preference to organizations	38807
applying to fund existing emergency shelter housing.	38808

The department shall notify each organization that applied	38809
for a grant under this section of the amount of its grant award,	38810
if any. To receive a grant, the organization shall provide	38811
matching funds equal to 50 per cent of the total grant it was	38812
awarded. The organization shall expend its grant for shelter	38813
operations and supportive services, which include employment	38814
assistance, case management, information and referral services,	38815
transportation, and clothing. In providing employment assistance,	38816
the organization shall, at a minimum, refer persons to the	38817
Department of Job and Family Services.	38818

LOW AND MODERATE INCOME HOUSING

38819

The Director of Budget and Management, after consulting with	38820
the Director of Development, shall transfer up to $19,000,000 from	38821
appropriation item 195-441, Low and Moderate Income Housing, to	38822
appropriation item 195-638, Low and Moderate Income Housing Trust	38823
Fund. This transfer shall be made via an intrastate transfer	38824
voucher.	38825

TANF TRANSFER TO CDBG OPERATING MATCH

38826

The Office of Housing and Community Partnerships of the	38827
Department of Development shall use $5,200,000 of appropriation	38828
authority transferred from appropriation item 600-689, TANF Block	38829
Grant, in the Department of Job and Family Services in fiscal year	38830
2002 to appropriation item 195-497, CDBG Operating Match, in the	38831
Department of Development, and $6,500,000 of appropriation	38832
authority transferred from appropriation item 600-689, TANF Block	38833
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG	38834
Operating Match, to provide grants supportive services for	38835
low-income families related to housing or homelessness, including	38836
housing counseling; to provide grants to nonprofit organizations	38837
to assist families with incomes at or below 200 per cent of the	38838
federal poverty guidelines with down payment assistance for	38839
homeownership, including the purchase of mobile homes; to provide	38840
emergency home repair funding for families with incomes at or	38841
below 200 per cent of the federal poverty guideline; to provide	38842
operating support for family emergency shelter programs; and to	38843
provide emergency rent and mortgage assistance for families with	38844
incomes at or below 200 per cent of the federal poverty guideline.	38845
TANF funds shall not be used to match federal funds.	38846

The Department of Development shall comply with all TANF	38847
requirements, including reporting requirements and timelines, as	38848
specified in state and federal laws, federal regulations, state	38849
rules, and the Title IV-A state plan, and is responsible for	38850
payment of any adverse audit finding, final disallowance of	38851
federal financial participation, or other sanction or penalty	38852
issued by the federal government or other entity concerning these	38853
funds.	38854

No more than five per cent of transferred funds may be used	38855
by the department for administrative expenses of these programs.	38856
Transfer of funds between these programs shall first obtain	38857
approval of the Controlling Board.	38858

As used in this section, "federal poverty guideline" means	38859
the poverty guideline as defined by the United States Office of	38860
Management and Budget and revised by the United States Secretary	38861
of Health and Human Services in accordance with section 673 of the	38862
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42	38863
U.S.C.A. 9902, as amended.	38864

UTILITY BILL CREDIT

38865

The foregoing appropriation item 195-505, Utility Bill	38866
Credits, shall be used to provide utility and fuel assistance to	38867
eligible low-income Ohio households with elderly and disabled	38868
members.	38869

Section 41.11.  TRAVEL AND TOURISM GRANTS

38870

The foregoing appropriation item 195-507, Travel and Tourism	38871
Grants, shall be used to provide grants to local organizations to	38872
support various local travel and tourism events in Ohio.	38873

Of the foregoing appropriation item 195-507, Travel and	38874
Tourism Grants, up to $200,000 in each fiscal year of the biennium	38875
may be used to support the outdoor dramas Trumpet in the Land,	38876
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	38877
$50,000 in each fiscal year shall be used for the Greater	38878
Cleveland Film Commission; $50,000 in each fiscal year shall be	38879
used for the Cincinnati Film Commission; and $500,000 in each	38880
fiscal year shall be used for grants to the International Center	38881
for the Preservation of Wild Animals.	38882

ISSUE 1 IMPLEMENTATION

38883

The foregoing appropriation item 195-510, Issue 1	38884
Implementation, shall be used to begin the implementation of	38885
Article VIII, Section 2o of the Ohio Constitution.	38886

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

38887

The foregoing appropriation item 195-906, Coal Research and	38888
Development General Obligation Debt Service shall be used to pay	38889
all debt service and financing costs at the times they are	38890
required to be made under sections 151.01 and 151.07 of the	38891
Revised Code during the period from July 1, 2001, to June 30,	38892
2003. The Office of the Sinking Fund or the Director of Budget	38893
and Management shall effectuate the required payments by an	38894
intrastate transfer voucher.	38895

Section 41.12. SUPPORTIVE SERVICES	38896

The Director of Development may assess divisions of the	38897
department for the cost of central service operations. Such an	38898
assessment shall be based on a plan submitted to and approved by	38899
the Office of Budget and Management by the first day of August of	38900
each fiscal year, and contain the characteristics of	38901
administrative ease and uniform application.	38902

A division's payments shall be credited to the Supportive	38903
Services Fund (Fund 135) using an intrastate transfer voucher.	38904

GENERAL REIMBURSEMENT

38905

The foregoing appropriation item 195-636, General	38906
Reimbursements, shall be used for conference and subscription fees	38907
and other reimbursable costs. Revenues to the General	38908
Reimbursement Fund (Fund 685) shall consist of fees and other	38909
moneys charged for conferences, subscriptions, and other	38910
administrative costs that are not central service costs.	38911

HEAP WEATHERIZATION

38912

Fifteen per cent of the federal funds received by the state	38913
for the Home Energy Assistance Block Grant shall be deposited in	38914
the Department of Development's Federal Special Revenue Fund (Fund	38915
3K9) and shall be used to provide home weatherization services in	38916
the state.	38917

HOME PROGRAM

38918

On July 1, 2001, or as soon as possible thereafter, the	38919
Director of Development shall certify to the Director of Budget	38920
and Management the cash balance and open encumbrances relating to	38921
the HOME Program located within Fund 308, appropriation item	38922
195-603, Housing and Urban Development. The Director of Budget	38923
and Management shall transfer the certified amount to newly	38924
created Fund 3V1, HOME Program. Any existing encumbrances in	38925
appropriation item 195-603 for the HOME Program shall be canceled	38926
and re-established against appropriation item 195-601, HOME	38927
Program. These re-established amounts are appropriated.	38928

STATE SPECIAL PROJECTS

38929

The foregoing appropriation item 195-639, State Special	38930
Projects, shall be used as a general account for the deposit of	38931
private-sector funds from utility companies and other	38932
miscellaneous state funds. Private-sector moneys shall be used	38933
to (1) pay the expenses of verifying the income-eligibility of	38934
HEAP applicants, (2) market economic development opportunities in	38935
the state, and (3) leverage additional federal funds. State funds	38936
shall be used to match federal housing grants for the homeless.	38937

Section 41.13.  MINORITY BUSINESS ENTERPRISE LOAN

38938

All repayments from the Minority Development Financing	38939
Advisory Board loan program and the Ohio Mini-Loan Guarantee	38940
Program shall be deposited in the State Treasury, to the credit of	38941
the Minority Business Enterprise Loan Fund (Fund 4W1).	38942

All operating costs of administering the Minority Business	38943
Enterprise Loan Fund shall be paid from the Minority Business	38944
Enterprise Loan Fund (Fund 4WI).	38945

MINORITY BUSINESS BONDING FUND

38946

Notwithstanding Chapters 122., 169., and 175. of the Revised	38947
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	38948
General Assembly, the Director of Development may, upon the	38949
recommendation of the Minority Development Financing Advisory	38950
Board, pledge up to $10,000,000 in the 2001-2003 biennium of	38951
unclaimed funds administered by the Director of Commerce and	38952
allocated to the Minority Business Bonding Program pursuant to	38953
section 169.05 of the Revised Code. The transfer of any cash by	38954
the Director of Budget and Management from the Department of	38955
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	38956
Development's Minority Business Bonding Fund (Fund 449) shall	38957
occur, if requested by the Director of Development, only if such	38958
funds are needed for payment of losses arising from the Minority	38959
Business Bonding Program, and only after proceeds of the initial	38960
transfer of $2,700,000 by the Controlling Board to the Minority	38961
Business Bonding Program has been used for that purpose. Moneys	38962
transferred by the Director of Budget and Management from the	38963
Department of Commerce for this purpose may be moneys in custodial	38964
funds held by the Treasurer of State. If expenditures are	38965
required for payment of losses arising from the Minority Business	38966
Bonding Program, such expenditures shall be made from	38967
appropriation item 195-623, Minority Business Bonding Contingency	38968
in the Minority Business Bonding Fund, and such amounts are	38969
appropriated.	38970

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

38971

Investment earnings of the Minority Business Bonding Fund	38972
(Fund 449) shall be credited to the Minority Business Bonding	38973
Program Administration Fund (Fund 450).	38974

Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING	38975

The foregoing appropriation item 195-625, Economic	38976
Development Financing Operating, shall be used for the operating	38977
expenses of financial assistance programs authorized under Chapter	38978
166. of the Revised Code and under sections 122.43 and 122.45 of	38979
the Revised Code.	38980

UNIVERSAL SERVICE FUND

38981

The foregoing appropriation item 195-659, Universal Service,	38982
shall be used to provide electric utility assistance benefits to	38983
Percentage of Income Payment Plan (PIPP) electric accounts, to	38984
fund targeted energy efficiency and customer education services to	38985
PIPP customers, and to cover the department's administrative costs	38986
related to the Universal Service Fund Programs.	38987

ENERGY EFFICIENCY REVOLVING LOAN FUND

38988

The foregoing appropriation item 195-660, Energy Efficiency	38989
Revolving Loan, shall be used to provide financial assistance to	38990
customers for eligible energy efficiency projects for residential,	38991
commercial and industrial business, local government, educational	38992
institution, nonprofit, and agriculture customers, and to pay for	38993
the program's administrative costs as provided in the Revised Code	38994
and rules adopted by the Director of Development.	38995

VOLUME CAP ADMINISTRATION

38996

The foregoing appropriation item 195-654, Volume Cap	38997
Administration, shall be used for expenses related to the	38998
administration of the Volume Cap Program. Revenues received by	38999
the Volume Cap Administration Fund (Fund 617) shall consist of	39000
application fees, forfeited deposits, and interest earned from the	39001
custodial account held by the Treasurer of State.	39002

Section 41.15.  FACILITIES ESTABLISHMENT FUND

39003

The foregoing appropriation item 195-615, Facilities	39004
Establishment (Fund 037), shall be used for the purposes of the	39005
Facilities Establishment Fund under Chapter 166. of the Revised	39006
Code.	39007

Of the foregoing appropriation item 195-615, Facilities	39008
Establishment (Fund 037), up to $5,000,000 in each fiscal year	39009
shall be used for the implementation of H.B. 6 of the 124th	39010
General Assembly, if the bill is enacted.	39011

Notwithstanding Chapter 166. of the Revised Code, up to	39012
$1,600,000 may be transferred each fiscal year from the Facilities	39013
Establishment Fund (Fund 037) to the Economic Development	39014
Financing Operating Fund (Fund 451). The transfer is subject to	39015
Controlling Board approval pursuant to division (B) of section	39016
166.03 of the Revised Code.	39017

Notwithstanding Chapter 166. of the Revised Code, up to	39018
$3,800,000 may be transferred in each fiscal year of the biennium	39019
from the Facilities Establishment Fund (Fund 037) to the Minority	39020
Business Enterprise Loan Fund (Fund 4W1). The transfer is subject	39021
to Controlling Board approval pursuant to division (B) of section	39022
166.03 of the Revised Code.	39023

Notwithstanding Chapter 166. of the Revised Code, up to	39024
$5,000,000 cash may be transferred during the biennium from the	39025
Facilities Establishment Fund (Fund 037) to the Port Authority	39026
Bond Reserves Fund (Fund 5D1) for use by any port authority in	39027
establishing or supplementing bond reserve funds for any bond	39028
issuance permitted under Chapter 4582. of the Revised Code. The	39029
Director of Development shall develop program guidelines for the	39030
transfer and release of funds, including, but not limited to, a	39031
provision that a port authority shall receive not more than	39032
$2,000,000 total from the fund. The transfer and release of funds	39033
are subject to Controlling Board approval.	39034

Notwithstanding Chapter 166. of the Revised Code, up to	39035
$20,475,000 cash may be transferred during the biennium from the	39036
Facilities Establishment Fund (Fund 037) to the Urban	39037
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	39038
barriers to urban core redevelopment. The Director of Development	39039
shall develop program guidelines for the transfer and release of	39040
funds, including, but not limited to, the completion of all	39041
appropriate environmental assessments before state assistance is	39042
committed to a project.	39043

Notwithstanding Chapter 166. of the Revised Code, up to	39044
$5,000,000 per fiscal year in cash may be transferred from the	39045
Facilities Establishment Fund (Fund 037) to the Rural Industrial	39046
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	39047
Board approval pursuant to section 166.03 of the Revised Code.	39048

FAMILY FARM LOAN PROGRAM

39049

Notwithstanding Chapter 166. of the Revised Code, up to	39050
$2,246,375 in each fiscal year shall be transferred from moneys in	39051
the Facilities Establishment Fund (Fund 037) to the Family Farm	39052
Loan Fund (Fund 5H1) in the Department of Development. These	39053
moneys shall be used for loan guarantees. The transfer is subject	39054
to Controlling Board approval.	39055

Financial assistance from the Family Farm Loan Fund (Fund	39056
5H1) shall be repaid to Fund 5H1. This fund is established in	39057
accordance with sections 166.031, 901.80, 901.81, 901.82, and	39058
901.83 of the Revised Code.	39059

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	39060
all outstanding balances, all loan repayments, and any other	39061
outstanding obligations shall revert to the Facilities	39062
Establishment Fund (Fund 037).	39063

Section 41.16. FUND 5F7 TRANSFER

39064

On July 1, 2001, or as soon as possible thereafter, the	39065
Director of Budget and Management shall transfer all cash in Fund	39066
5F7, Local Government Y2K Loan Program, to the General Revenue	39067
Fund. Upon completion of the transfer, Fund 5F7 is abolished.	39068

Section 42.  OBD OHIO BOARD OF DIETETICS	39069

General Services Fund Group

39070

Section 43.  CDR COMMISSION ON DISPUTE RESOLUTION AND	39076

CONFLICT MANAGEMENT

39077

General Revenue Fund

39078

General Services Fund Group

39081

Federal Special Revenue Fund Group

39085

COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT

39089

The foregoing appropriation item 145-401, Commission on	39090
Dispute Resolution/Management, shall be used in each fiscal year	39091
by the Commission on Dispute Resolution and Conflict Management	39092
for the purpose of providing dispute resolution and conflict	39093
management training, consultation, and materials for state and	39094
local government, communities, school districts, and courts and,	39095
in consultation with the Department of Education, for the purpose	39096
of offering competitive school conflict programs to school	39097
districts.	39098

The Commission shall assist the Department of Education in	39099
the development and dissemination of the school conflict	39100
management programs to school districts.	39101

Section 44.  EDU DEPARTMENT OF EDUCATION

39102

General Revenue Fund

39103

General Services Fund Group

39156

Federal Special Revenue Fund Group

39165

State Special Revenue Fund Group

39194

Lottery Profits Education Fund Group

39204

Section 44.01. MAINTENANCE AND EQUIPMENT

39211

Of the foregoing appropriation item 200-320, Maintenance and	39212
Equipment, up to $25,000 may be expended in each year of the	39213
biennium for State Board of Education out-of-state travel.	39214

Section 44.02.  HEAD START

39215

No later than July 15, 2001, the Director of Budget and	39216
Management shall transfer $76,156,175 from Fund 3W6, TANF	39217
Education, to the General Revenue Fund. No later than July 15,	39218
2002, the Director of Budget and Management shall transfer	39219
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	39220
Fund. The transferred funds are appropriated for the appropriation	39221
item 200-406, Head Start. The foregoing appropriation item	39222
200-406, Head Start, includes transferred funds of $76,156,175 in	39223
fiscal year 2002 and $98,843,825 in fiscal year 2003.	39224

The foregoing appropriation item 200-406, Head Start, shall	39225
be distributed by the Department of Education to Head Start	39226
agencies. A "Head Start agency" means an entity that has been	39227
approved to be an agency in accordance with Section 641 (42 U.S.C.	39228
9836) of the Head Start Act and amendments thereto, or an entity	39229
designated for state Head Start funding under this section.	39230
Participation in state-funded Head Start programs is voluntary.	39231

Moneys distributed under this heading shall not be used to	39232
reduce expenditures from funds received by a Head Start agency	39233
from any other sources. Section 3301.31 of the Revised Code does	39234
not apply to funds distributed under this heading. In lieu of	39235
section 3301.31 of the Revised Code, distribution of moneys under	39236
this heading shall be as follows:	39237

(A) In fiscal years 2002 and 2003, up to two per cent of the	39238
appropriation may be used by the department for administrative	39239
costs of complying with this section; developing program capacity;	39240
and assisting programs with facilities planning, construction,	39241
renovation, or lease agreements in combination with the Community	39242
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	39243
2002 and up to $1,560,600 in fiscal year 2003 may be used for	39244
training in early literacy for Head Start classroom teachers and	39245
administrators to support the OhioReads Initiative.	39246

(B) The department shall provide an annual report to the	39247
Governor, the Speaker of the House of Representatives, the	39248
President of the Senate, the State Board of Education, Head Start	39249
grantees, and other interested parties. The report shall include	39250
the following:	39251

(1) The number and per cent of eligible children by county	39252
and by grantee;	39253

(2) The amount of state funds requested for continuation per	39254
grantee;	39255

(3) The amount of state funds received for continuation per	39256
grantee;	39257

(4) A summary of program performance on the state critical	39258
performance indicators;	39259

(5) A summary of developmental progress of children	39260
participating in the state-funded Head Start program;	39261

(6) Any other data reflecting the performance of Head Start	39262
that the department considers pertinent.	39263

(C) For purposes of this section, "eligible child" means a	39264
child who is at least three years of age and not of compulsory	39265
school age whose family earns no more than 100 per cent of the	39266
federal poverty level, except as otherwise provided in this	39267
division.	39268

The Department of Education, in consultation with Head Start	39269
grantees or their designated representatives, shall establish	39270
criteria under which individual Head Start grantees may apply to	39271
the department for a waiver to include as "eligible children"	39272
those children from families earning up to 185 per cent of the	39273
federal poverty level when the children otherwise qualify as	39274
"eligible children" under this division.	39275

In order to serve children whose families receive child care	39276
subsidy and whose incomes do not exceed 185 per cent of the	39277
federal poverty guidelines, Head Start grantees may enroll	39278
children whose families receive child care subsidy from the Ohio	39279
Department of Job and Family Services. Head Start grantees	39280
providing full-day, full-year comprehensive services, or otherwise	39281
meeting the child care needs of working families, may partner with	39282
child care centers or family day care homes or may access child	39283
care subsidy directly. This provision is to meet the child care	39284
needs of low-income families who are working, in training or	39285
education programs, or participating in Ohio Works First appproved	39286
activities.	39287

The Department of Education, in consultation with the	39288
Department of Job and Family Services, interested parties, and	39289
Head Start agencies shall formulate a method for determining an	39290
estimate of the number of eligible children and the per cent	39291
served by grantee(s) in each county.	39292

(D) After setting aside amounts to make any payments due	39293
from the prior fiscal year, in fiscal years 2002 and 2003, funds	39294
shall first be distributed to recipients of Head Start funds	39295
during the preceding fiscal year. Awards under this division may	39296
be reduced by the amount received in that year for one-time	39297
start-up costs and may be adjusted for actual months of program	39298
operation or enrollment as reported during the first full week of	39299
December, and may be increased by a reasonable percentage for	39300
inflation to be determined by the Department of Education and in	39301
accordance with this section. The department may redistribute	39302
dollars to programs demonstrating an unmet need based on updated	39303
assessments of family needs and community resources, with special	39304
attention to the projected impact of welfare reform. In fiscal	39305
years 2002 and 2003, the department may authorize recipients to	39306
carry over funds to the subsequent fiscal year.	39307

The department may reallocate unobligated or unspent money to	39308
participating Head Start agencies for purposes of program	39309
expansion, improvement, or special projects to promote excellence	39310
and innovation.	39311

(E) Costs for developing and administering a Head Start	39312
program may not exceed fifteen per cent of the total approved	39313
costs of the program.	39314

All recipients of funds shall maintain such fiscal control	39315
and accounting procedures as may be necessary to ensure the	39316
disbursement of, and accounting for, these funds. The control of	39317
funds provided in this program, and title to property obtained	39318
therefrom, shall be under the authority of the approved recipient	39319
for purposes provided in the program. The approved recipient	39320
shall administer and use such property and funds for the purposes	39321
specified.	39322

Each recipient shall furnish the department an annual audit	39323
that includes the review of state funds received under this	39324
section.	39325

(F) The department shall prescribe target levels for	39326
critical performance indicators for the purpose of assessing Head	39327
Start programs. On-site reviews and follow-up visits shall be	39328
based on grantee progress in meeting the prescribed target levels.	39329

The department may audit a Head Start agency's financial and	39330
program records. Head Start agencies that have financial	39331
practices not in accordance with standard accounting principles,	39332
that fail to substantially meet the Head Start performance	39333
standards, or that exhibit below-average performance shall be	39334
subject to an on-site review.	39335

The department shall require corrective plans of action for	39336
programs not achieving target levels or financial and program	39337
standards. Action plans shall include activities to be conducted	39338
by the grantee and timelines for activities to be completed and	39339
timelines for additional data submission to the department	39340
demonstrating targets have been met. The Policy Council	39341
chairperson and the appropriate grantee board official shall sign	39342
the corrective plans of action.	39343

Programs not meeting performance targets in accordance with	39344
the plan of action and prescribed timelines may have their	39345
continuation funding reduced, be disqualified for expansion	39346
consideration until targets are met, or have all state funds	39347
withdrawn and a new grantee established.	39348

The department shall require school districts to collect	39349
"preschool" information by program type. All data shall be	39350
reported via the Education Management Information System (EMIS).	39351

(G) The department shall require Head Start grantees to	39352
document child progress, using a common instrument prescribed by	39353
the department, and report results annually. The department shall	39354
determine the dates for documenting and reporting.	39355

The State Board of Education shall adopt rules addressing the	39356
use of screening and assessment data, including, but not limited	39357
to, all the following:	39358

(1) Protection of the identity of individual children	39359
through assignment of a unique but not personally identifiable	39360
code;	39361

(2) Parents' rights;

39362

(3) Use of the data by school personnel as it relates to	39363
kindergarten entrance.	39364

(H) New agencies may be designated for state Head Start	39365
funding if a Head Start agency voluntarily waives its right for	39366
funding or is de-funded based on performance.	39367

When such a condition exists, the department shall conduct a	39368
competitive bidding process to select a new agency to provide	39369
state funded continuation or expansion services. The bidding	39370
process shall include notices of competitive bidding mailed to	39371
delegate agencies in the affected area and to newspapers in the	39372
Head Start service area.	39373

Section 3313.646 of the Revised Code does not apply to funds	39374
distributed under this section.	39375

(I) It is the intent of the General Assembly that	39376
appropriations for appropriation items 200-406, Head Start, and	39377
200-408, Public Preschool, be available for transfer between Head	39378
Start and public preschool programs so that unallocated funds may	39379
be used between the two programs.	39380

(J) The Department of Education shall comply with all TANF	39381
requirements, including reporting requirements and timelines, as	39382
specified in state and federal laws, federal regulations, state	39383
rules, and the Title IV-A state plan, and is responsible for	39384
payment of any adverse audit finding, final disallowance of	39385
federal financial participation, or other sanction or penalty	39386
issued by the federal government or other entity concerning these	39387
funds.	39388

Section 44.03. PUBLIC PRESCHOOL	39389

The Department of Education shall distribute the foregoing	39390
appropriation item 200-408, Public Preschool, to pay the costs of	39391
comprehensive preschool programs. As used in this section,	39392
"school district" means a city, local, exempted village, or joint	39393
vocational school district, or an educational service center.	39394

(A) In fiscal years 2002 and 2003, up to two per cent of the	39395
total appropriation may be used by the department for	39396
administrative costs of complying with this section; developing	39397
program capacity; and assisting programs with facilities planning,	39398
construction, renovation, or lease agreements in conjunction with	39399
the Community Development Finance Fund (CDFF).	39400

(B) The department shall provide an annual report to the	39401
Governor, the Speaker of the House of Representatives, the	39402
President of the Senate, the State Board of Education, Head Start	39403
grantees, and other interested parties. The report shall include:	39404

(1) The number and per cent of eligible children by county	39405
and by school district;	39406

(2) The amount of state funds requested for continuation per	39407
school district;	39408

(3) The amount of state funds received for continuation per	39409
school district;	39410

(4) A summary of program performance on the state critical	39411
performance indicators in the public preschool program;	39412

(5) A summary of developmental progress of children	39413
participating in the state-funded public preschool program;	39414

(6) Any other data reflecting the performance of public	39415
preschool programs that the department considers pertinent.	39416

(C) For purposes of this section, "eligible child" means a	39417
child who is at least three years of age whose family earns no	39418
more than 185 per cent of the federal poverty level.	39419

The Department of Education, in consultation with the	39420
Department of Job and Family Services, interested parties, and	39421
Head Start agencies shall formulate a method for determining an	39422
estimate of the number of eligible children and the percentage	39423
served by grantees in each county.	39424

(D) After setting aside amounts to make any payments due	39425
from the prior fiscal year, in fiscal years 2002 and 2003, funds	39426
shall first be distributed to recipients of funds during the	39427
preceding fiscal year. Awards under this division may be reduced	39428
by the amount received in that fiscal year for one-time start-up	39429
costs and may be adjusted for actual months of program operation	39430
or enrollment as reported during the first full week of December,	39431
and may be increased by a reasonable percentage to be determined	39432
by the Department of Education. The department may redistribute	39433
dollars to programs demonstrating an unmet need based on updated	39434
assessments of family needs and community resources, with special	39435
attention to the projected impact of welfare reform. In fiscal	39436
years 2002 and 2003, the department may authorize recipients to	39437
carry over funds to the subsequent fiscal year.	39438

The department may reallocate unobligated or unspent money to	39439
participating school districts for purposes of program expansion,	39440
improvement, or special projects to promote excellence and	39441
innovation.	39442

(E) Costs for developing and administering a preschool	39443
program may not exceed fifteen per cent of the total approved	39444
costs of the program.	39445

All recipients of funds shall maintain such fiscal control	39446
and accounting procedures as may be necessary to ensure the	39447
disbursement of, and accounting for, these funds. The control of	39448
funds provided in this program, and title to property obtained	39449
therefrom, shall be under the authority of the approved recipient	39450
for purposes provided in the program. The approved recipient	39451
shall administer and use such property and funds for the purposes	39452
specified.	39453

(F) The department shall prescribe target levels for	39454
critical performance indicators for the purpose of assessing	39455
public preschool programs. On-site reviews and follow-up visits	39456
shall be based on progress in meeting the prescribed target	39457
levels.	39458

The department may audit a school district's preschool	39459
financial and program records. School districts that have	39460
financial practices not in accordance with standard accounting	39461
principles, that operate preschool programs that fail to	39462
substantially meet the Head Start performance standards, or that	39463
exhibit below-average performance shall be subject to an on-site	39464
review.	39465

The department shall require corrective plans of action for	39466
programs not achieving target levels or financial and program	39467
standards. Action plans shall include activities to be conducted	39468
by the grantee and timelines for activities to be completed and	39469
timelines for additional data submission to the department	39470
demonstrating that targets have been met. The appropriate school	39471
board official shall sign the corrective plans of action.	39472

Public preschool programs not meeting performance targets in	39473
accordance with the plan of action and prescribed timelines may	39474
have their continuation funding reduced, be disqualified for	39475
expansion consideration until targets are met, or have all state	39476
funds withdrawn and a new program established.	39477

(G) The department shall require public preschool programs	39478
to document child progress, using a common instrument prescribed	39479
by the department, and report results annually. The department	39480
shall determine the dates for documenting and reporting.	39481

The State Board of Education shall adopt rules addressing the	39482
use of screening and assessment data, including, but not limited	39483
to, all of the following:	39484

(1) Protection of the identity of individual children	39485
through assignment of a unique but not personally identifiable	39486
code;	39487

(2) Parents' rights;

39488

(3) Use of the data by school personnel as it relates to	39489
kindergarten entrance.	39490

(H) Each school district shall develop a sliding fee scale	39491
based on family incomes in the district and shall charge families	39492
who earn more than the federal poverty level for preschool.	39493

(I) It is the intent of the General Assembly that	39494
appropriations for appropriation items 200-406, Head Start, and	39495
200-408, Public Preschool, be available for transfer between Head	39496
Start and Public Preschool programs so that unallocated funds may	39497
be used between the two programs.	39498

Section 44.04. PROFESSIONAL DEVELOPMENT

39499

Of the foregoing appropriation item 200-410, Professional	39500
Development, $5,997,829 in each fiscal year shall be used by the	39501
Department of Education to develop a statewide comprehensive	39502
system of twelve professional development centers that support	39503
local educators' ability to foster academic achievement in the	39504
students they serve. The centers shall include training teachers	39505
on site-based management concepts to encourage teachers to become	39506
involved in the management of their schools.	39507

Of the foregoing appropriation item 200-410, Professional	39508
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in	39509
fiscal year 2003 shall be used by the Department of Education to	39510
pay the application fee for teachers from public and chartered	39511
nonpublic schools applying to the National Board for Professional	39512
Teaching Standards for professional teaching certificates or	39513
licenses that the board offers, and to provide grants in each	39514
fiscal year to recognize and reward teachers who become certified	39515
by the board pursuant to section 3319.55 of the Revised Code.	39516

These moneys shall be used to pay for the first 900	39517
applications in fiscal year 2002 and up to the first 550	39518
applications in fiscal year 2003 received by the department. Each	39519
prospective applicant for certification or licensure shall submit	39520
an application to the Department of Education. When the	39521
department has collected a group of applications, but not later	39522
than 30 days after receipt of the first application in a group, it	39523
shall send the applications to the National Board for Professional	39524
Teaching Standards along with a check to cover the cost of the	39525
application fee for all applicants in that group.	39526

Of the foregoing appropriation item 200-410, Professional	39527
Development, up to $8,296,000 in fiscal year 2002 and up to	39528
$19,387,750 in fiscal year 2003 shall be allocated for entry year	39529
programs. These funds shall be used to support mentoring services	39530
of beginning teachers, including chartered nonpublic beginning	39531
teachers. In fiscal year 2002, the Department of Education shall	39532
select eligible beginning teachers to participate in a year-long	39533
entry year program that provides mentoring by experienced school	39534
district and university faculty and Praxis III teacher performance	39535
assessment. In fiscal year 2003, the program shall also include	39536
the assessment of all beginning teachers with the Education	39537
Testing Service's Praxis III examination.	39538

Of the foregoing appropriation item 200-410, Professional	39539
Development, up to $650,000 in each fiscal year shall be used to	39540
continue Ohio leadership academies to develop and train	39541
superintendents in new leadership and management practices to	39542
support high performance schools. This training shall be	39543
coordinated with other locally administered leadership programs.	39544

Of the foregoing appropriation item 200-410, Professional	39545
Development, up to $850,000 in each fiscal year shall be used to	39546
support the Ohio Principal's Leadership Academy that will serve	39547
principals and their staff teams. An advisory panel comprised of	39548
national business and education experts shall advise the	39549
Department of Education on content and delivery of curriculum and	39550
instruction.	39551

Of the foregoing appropriation item 200-410, Professional	39552
Development, up to $975,000 in each fiscal year shall be used to	39553
establish an entry year program for principals, including for	39554
chartered nonpublic principals. Grants in fiscal year 2002 shall	39555
be issued to pilot sites that shall develop prototypes of the	39556
program in a variety of contexts. These sites also shall pilot	39557
the School Leaders Licensure Assessment, which was developed by	39558
the Educational Testing Service at a cost of $450 per assessment.	39559
Funds in fiscal year 2003 shall be used to implement an entry year	39560
program for principals.	39561

Of the foregoing appropriation item 200-410, Professional	39562
Development, up to $500,000 in each fiscal year shall be used by	39563
the Rural Appalachian Initiative to create professional	39564
development academies for teachers, principals, and	39565
superintendents in the Appalachian region. No funding shall be	39566
released prior to the Department of Education receiving a	39567
satisfactory report of the activities conducted by these	39568
professional development academies during the previous year.	39569

Of the foregoing appropriation item 200-410, Professional	39570
Development, up to $250,000 in fiscal year 2002 and up to $350,000	39571
in fiscal year 2003 shall be used to support a Teacher Recognition	39572
Program. Funds awarded shall be used to recognize exemplary	39573
performance and support the professional development of educators	39574
across the educator life-cycle continuum, and may also be used to	39575
support the implementation of an educator-in-residence program.	39576

Of the foregoing appropriation item 200-410, Professional	39577
Development, up to $25,000 in each fiscal year shall be used by	39578
the Ohio Teacher Education and Certification Commission to carry	39579
out the responsibilities of the 21-member Ohio Teacher Education	39580
and Certification Advisory Commission. The advisory commission is	39581
charged by the State Board of Education with considering all	39582
matters related to educator preparation and licensure, including	39583
standards for educator preparation and licensure, approval of	39584
institutions and programs, and recommending consideration of	39585
decisions to the State Board.	39586

Of the foregoing appropriation item 200-410, Professional	39587
Development, up to $75,000 in each fiscal year shall be used to	39588
support the Ohio University Leadership Program.	39589

Section 44.05.  FAMILY AND CHILDREN FIRST

39590

(A) Of the foregoing appropriation item 200-411, Family and	39591
Children First, the Department of Education shall transfer up to	39592
$3,677,188 in each fiscal year by intrastate transfer voucher to	39593
the Department of Mental Retardation and Developmental	39594
Disabilities. These funds shall be spent on direct grants to	39595
county family and children first councils created under section	39596
121.37 of the Revised Code. The funds shall be used as partial	39597
support payment and reimbursement for locally coordinated	39598
treatment plans for multineeds children that come to the attention	39599
of the Family and Children First Cabinet Council pursuant to	39600
section 121.37 of the Revised Code. The treatment plans shall	39601
include strategies to address each child's academic achievement.	39602
The Department of Mental Retardation and Developmental	39603
Disabilities shall administer the distribution of the direct	39604
grants to the county councils. The Department of Mental	39605
Retardation and Developmental Disabilities may use up to five per	39606
cent of this amount for administrative expenses associated with	39607
the distribution of funds to the county councils.	39608

(B) Of the foregoing appropriation item 200-411, Family and	39609
Children First, up to $1,775,000 in each fiscal year shall be used	39610
as administrative grants to county family and children first	39611
councils to provide a portion of the salary and fringe benefits	39612
necessary to fund county council coordinators, administrative	39613
support, training, or parental involvement. The total initial	39614
grant under this provision to any county family and children first	39615
council shall not exceed $20,000. In the event that not all	39616
counties in the state have established a county council, at the	39617
beginning of the fourth quarter of a fiscal year, any remaining	39618
funds to be used as administrative grants may be redirected by the	39619
Family and Children First Cabinet Council to other priorities and	39620
activities. Up to $15,000 of the $1,775,000 in each fiscal year	39621
shall be used by the Family and Children First Cabinet Council for	39622
administrative costs, including stipends to family representatives	39623
participating in approved activities of the initiative,	39624
educational and informational forums, and technical assistance to	39625
local family and children first councils.	39626

(C) Of the foregoing appropriation item 200-411, Family and	39627
Children First, up to $5,190,000 in each fiscal year shall be used	39628
to fund school-based or school-linked school readiness resource	39629
centers in school districts where there is a concentration of risk	39630
factors to school readiness and success, including indicators of	39631
poverty, health, and family stability. The purpose of these	39632
centers is to assist in providing services to families of	39633
school-age children who want and need support.	39634

School readiness resource centers shall be located in each of	39635
the state's 21 urban school districts as defined in division (O)	39636
of section 3317.02 of the Revised Code, as that section existed	39637
prior to July 1, 1998. The Ohio Family and Children First Cabinet	39638
Council, in consultation with the Department of Education and	39639
school districts, shall identify individual schools based on	39640
quantitative and qualitative factors that reflect both the need	39641
for school readiness resource centers and the local capacity for	39642
redesigning, as necessary, a delivery system of family support	39643
services. The council and the Department of Education shall	39644
organize and provide technical assistance to the school districts	39645
and communities in planning, developing, and implementing the	39646
centers. The council shall also negotiate a performance agreement	39647
that details required program characteristics, service options,	39648
and expected results.	39649

Each urban school district and community may receive up to	39650
$240,000 to maintain three school readiness resource centers that	39651
are located in or linked to elementary, middle, and high school	39652
sites that are connected by student assignment patterns within the	39653
school districts. Each school district shall work with a	39654
representative of the local family and children first council and	39655
a representative cross-section of families and community leaders	39656
in the district to operate the school readiness resource centers	39657
based upon conditions agreed to in the performance agreement	39658
negotiated with the cabinet council.	39659

Up to $50,000 in each fiscal year may be used by the Ohio	39660
Family and Children First Cabinet Council for an evaluation of the	39661
effectiveness of the school readiness resource centers. Up to	39662
$100,000 in each fiscal year may be used by the cabinet council to	39663
approve technical assistance and oversee the implementation of the	39664
centers. The administration and management of the school	39665
readiness resource centers may be contracted out through a	39666
competitive bidding process established by the cabinet council in	39667
consultation with the Department of Education.	39668

Section 44.06. VOCATIONAL EDUCATION MATCH

39669

The foregoing appropriation item 200-416, Vocational	39670
Education Match, shall be used by the Department of Education to	39671
provide vocational administration matching funds pursuant to 20	39672
U.S.C. 2311.	39673

TECHNICAL SYSTEMS DEVELOPMENT

39674

The foregoing appropriation item 200-420, Technical Systems	39675
Development, shall be used to support the development and	39676
implementation of information technology solutions designed to	39677
improve the performance and customer service of the Department of	39678
Education. Funds may be used for personnel, maintenance, and	39679
equipment costs related to the development and implementation of	39680
these technical system projects. Implementation of these systems	39681
shall allow the department to provide greater levels of assistance	39682
to school districts and to provide more timely information to the	39683
public, including school districts, administrators, and	39684
legislators.	39685

In each fiscal year, up to $2,000,000 shall be used for EMIS	39686
conversion, including district support and technical assistance;	39687
up to $350,000 in each year may be used for the department's	39688
annual maintenance contract for database management software; and	39689
up to $200,000 in each year shall be used to support the data	39690
warehouse project.	39691

ALTERNATIVE EDUCATION PROGRAMS

39692

There is hereby created the Alternative Education Advisory	39693
Council, which shall consist of one representative from each of	39694
the following agencies: the Ohio Department of Education; the	39695
Department of Youth Services; the Ohio Department of Alcohol and	39696
Drug Addiction Services; the Department of Mental Health; the	39697
Office of the Governor or, at the Governor's discretion, the	39698
Office of the Lieutenant Governor; and the Office of the Attorney	39699
General.	39700

Of the foregoing appropriation item 200-421, Alternative	39701
Education Programs, not less than $9,200,107 in each fiscal year	39702
shall be used for the renewal of successful implementation grants	39703
and for competitive matching grants to the 21 urban school	39704
districts as defined in division (O) of section 3317.02 of the	39705
Revised Code as it existed prior to July 1, 1998, and not less	39706
than $9,200,107 in each fiscal year shall be used for the renewal	39707
of successful implementation of grants and for competitive	39708
matching grants to rural and suburban school districts for	39709
alternative educational programs for existing and new at-risk and	39710
delinquent youth. Programs shall be focused on youth in one or	39711
more of the following categories: those who have been expelled or	39712
suspended, those who have dropped out of school or who are at risk	39713
of dropping out of school, those who are habitually truant or	39714
disruptive, or those on probation or on parole from a Department	39715
of Youth Services facility. Grants shall be awarded according to	39716
the criteria established by the Alternative Education Advisory	39717
Council in 1999. Grants shall be awarded only to programs where	39718
the grant would not serve as the program's primary source of	39719
funding. These grants shall be administered by the Department of	39720
Education.	39721

The Department of Education may waive compliance with any	39722
minimum education standard established under section 3301.07 of	39723
the Revised Code for any alternative school that receives a grant	39724
under this section on the grounds that the waiver will enable the	39725
program to more effectively educate students enrolled in the	39726
alternative school.	39727

Of the foregoing appropriation item 200-421, Alternative	39728
Education Programs, up to $480,552 in each fiscal year may be used	39729
for program administration, monitoring, technical assistance,	39730
support, research, and evaluation. Any unexpended balance may be	39731
used to provide additional matching grants to urban, suburban, or	39732
rural school districts as outlined above.	39733

Of the foregoing appropriation item 200-421, Alternative	39734
Education Programs, $313,386 in each fiscal year shall be used to	39735
contract with the Center for Learning Excellence at The Ohio State	39736
University to provide technical support for the project and the	39737
completion of formative and summative evaluation of the grants.	39738

Of the foregoing appropriation item 200-421, Alternative	39739
Education Programs, up to $805,849 in each fiscal year shall be	39740
used to support Amer-I-Can.	39741

SCHOOL MANAGEMENT ASSISTANCE

39742

The foregoing appropriation item 200-422, School Management	39743
Assistance, shall be used by the Department of Education to	39744
provide fiscal technical assistance and inservice education for	39745
school district management personnel and to administer, monitor,	39746
and implement the fiscal watch and fiscal emergency provisions	39747
under Chapter 3316. of the Revised Code.	39748

POLICY ANALYSIS

39749

The foregoing appropriation item 200-424, Policy Analysis,	39750
shall be used by the Department of Education to support a system	39751
of administrative, statistical, and legislative education	39752
information to be used for policy analysis. Staff supported by	39753
this appropriation shall administer the development of reports,	39754
analyses, and briefings to inform education policymakers of	39755
current trends in education practice, efficient and effective use	39756
of resources, and evaluation of programs to improve education	39757
results. The database shall be kept current at all times. These	39758
research efforts shall be used to supply information and analysis	39759
of data to the General Assembly and other state policymakers,	39760
including the Office of Budget and Management and the Legislative	39761
Service Commission.	39762

The Department of Education may use funding from this	39763
appropriation item to purchase or contract for the development of	39764
software systems or contract for policy studies that will assist	39765
in the provision and analysis of policy-related information.	39766
Funding from this appropriation item also may be used to monitor	39767
and enhance quality assurance for research-based policy analysis	39768
and program evaluation to enhance the effective use of education	39769
information to inform education policymakers.	39770

TECH PREP ADMINISTRATION

39771

The foregoing appropriation item 200-425, Tech Prep	39772
Administration, shall be used by the Department of Education to	39773
support state-level activities designed to support, promote, and	39774
expand tech prep programs. Use of these funds shall include, but	39775
not be limited to, administration of grants, program evaluation,	39776
professional development, curriculum development, assessment	39777
development, program promotion, communications, and statewide	39778
coordination of tech prep consortia.	39779

OHIO EDUCATIONAL COMPUTER NETWORK

39780

The foregoing appropriation item 200-426, Ohio Educational	39781
Computer Network, shall be used by the Department of Education to	39782
maintain a system of information technology throughout Ohio and to	39783
provide technical assistance for such a system in support of the	39784
State Education Technology Plan pursuant to section 3301.07 of the	39785
Revised Code.	39786

Of the foregoing appropriation item 200-426, Ohio Educational	39787
Computer Network, up to $20,571,198 in fiscal year 2002 and up to	39788
$21,188,334 in fiscal year 2003 shall be used by the Department of	39789
Education to support connection of all public school buildings to	39790
the state's education network, to each other, and to the Internet.	39791
In each fiscal year the Department of Education shall use these	39792
funds to help reimburse data acquisition sites or school districts	39793
for the operational costs associated with this connectivity. The	39794
Department of Education shall develop a formula and guidelines for	39795
the distribution of these funds to the data acquisition sites or	39796
individual school districts. As used in this section, "public	39797
school building" means a school building of any city, local,	39798
exempted village, or joint vocational school district, or any	39799
community school established under Chapter 3314. of the Revised	39800
Code, or any educational service center building used for	39801
instructional purposes.	39802

Of the foregoing appropriation item 200-426, Ohio Educational	39803
Computer Network, up to $2,043,938 in fiscal year 2002 and up to	39804
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog	39805
and InfOhio Network.	39806

The Department of Education shall use up to $4,590,000 in	39807
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to	39808
assist designated data acquisition sites with operational costs	39809
associated with the increased use of the state's education network	39810
by chartered nonpublic schools. The Department of Education shall	39811
develop a formula and guidelines for distribution of these funds	39812
to designated data acquisition sites.	39813

The remainder in each fiscal year of appropriation item	39814
200-426, Ohio Educational Computer Network, shall be used to	39815
support development, maintenance, and operation of a network of	39816
uniform and compatible computer-based information and	39817
instructional systems. The technical assistance shall include, but	39818
not be restricted to, development and maintenance of adequate	39819
computer software systems to support network activities. Program	39820
funds may be used, through a formula and guidelines devised by the	39821
department, to subsidize the activities of not more than 24	39822
designated data acquisition sites, as defined by State Board of	39823
Education rules, to provide school districts and chartered	39824
nonpublic schools with computer-based student and teacher	39825
instructional and administrative information services, including	39826
approved computerized financial accounting, and to ensure the	39827
effective operation of local automated administrative and	39828
instructional systems. To broaden the scope of the use of	39829
technology for education, the department may use up to $250,000 in	39830
each fiscal year to coordinate the activities of the computer	39831
network with other agencies funded by the department or the state.	39832
In order to improve the efficiency of network activities, the	39833
department and data acquisition sites may jointly purchase	39834
equipment, materials, and services from funds provided under this	39835
appropriation for use by the network and, when considered	39836
practical by the department, may utilize the services of	39837
appropriate state purchasing agencies.	39838

ACADEMIC STANDARDS

39839

The foregoing appropriation item 200-427, Academic Standards,	39840
shall be used by the Department of Education to develop and	39841
disseminate academic content standards. These funds shall be used	39842
to develop academic content standards and curriculum models and to	39843
fund communication of expectations to teachers, school districts,	39844
parents, and communities.	39845

Section 44.07.  SCHOOL IMPROVEMENT INITIATIVES

39846

Of the foregoing appropriation item 200-431, School	39847
Improvement Initiatives, up to $3,700,000 in fiscal year 2002	39848
shall be used to continue previously awarded venture capital	39849
grants of $25,000 to 148 schools and up to $975,000 in fiscal year	39850
2003 shall be used to continue previously awarded venture capital	39851
grants of $25,000 to 39 schools.	39852

Of the foregoing appropriation item 200-431, School	39853
Improvement Initiatives, $4,500,000 in fiscal year 2002 and	39854
$5,000,000 in fiscal year 2003 shall be used for the development	39855
and distribution of school report cards pursuant to section	39856
3302.03 of the Revised Code, for the development of core	39857
competencies for the proficiency tests, and to support the	39858
recommendations of the Governor's Commission for Student Success.	39859

Of the foregoing appropriation item 200-431, School	39860
Improvement Initiatives, $7,500,000 in fiscal year 2002 and	39861
$8,500,000 in fiscal year 2003 shall be used to provide technical	39862
assistance to school districts that are declared to be in a state	39863
of academic watch or academic emergency under section 3302.03 of	39864
the Revised Code to develop their continuous improvement plans as	39865
required in section 3302.04 of the Revised Code.	39866

Of the foregoing appropriation item 200-431, School	39867
Improvement Initiatives, up to $150,000 in each fiscal year shall	39868
be used to support a teacher-in-residence at the Governor's office	39869
and related support staff, travel expenses, and administrative	39870
overhead.	39871

SCHOOL CONFLICT MANAGEMENT

39872

Of the foregoing appropriation item 200-432, School Conflict	39873
Management, amounts shall be used by the Department of Education	39874
for the purpose of providing dispute resolution and conflict	39875
management training, consultation, and materials for school	39876
districts, and for the purpose of providing competitive school	39877
conflict management grants to school districts.	39878

The Department of Education shall assist the Commission on	39879
Dispute Resolution and Conflict Management in the development and	39880
dissemination of the school conflict management program. The	39881
assistance provided by the Department of Education shall include	39882
the assignment of a full-time employee of the department to the	39883
Commission on Dispute Resolution and Conflict Management to	39884
provide technical and administrative support to maximize the	39885
quality of dispute resolution and conflict management programs and	39886
services provided to school districts.	39887

Of the foregoing appropriation item 200-432, School Conflict	39888
Management, up to $5,000 in fiscal year 2002 shall be used to	39889
support the Character Council Initiative. The Initiative works to	39890
instill character and values at all levels in the community.	39891

READING/WRITING IMPROVEMENT

39892

Of the foregoing appropriation item 200-433, Reading/Writing	39893
Improvement, up to $12,396,970 in each fiscal year shall be used	39894
for professional development in literacy for classroom teachers,	39895
administrators, and literacy specialists.	39896

Of the foregoing appropriation item 200-433, Reading/Writing	39897
Improvement, up to $1,780,268 in fiscal year 2002 and up to	39898
$1,815,874 in fiscal year 2003 shall be used by the Department of	39899
Education to fund the Reading Recovery Training Network, to cover	39900
the cost of release time for the teacher trainers, and to provide	39901
grants to districts to implement other reading improvement	39902
programs on a pilot basis. Funds for this appropriation item may	39903
also be used to conduct evaluations of the impact and	39904
effectiveness of Reading Recovery and other reading improvement	39905
programs.	39906

The remainder of appropriation item 200-433, Reading/Writing	39907
Improvement, shall be used by the Department of Education to	39908
develop and support reading and writing improvement programs by	39909
providing a common assessment/profile instrument for elementary	39910
school buildings, literacy specialist support and training	39911
programs, and incentives for teachers to complete professional	39912
development programs.	39913

STUDENT ASSESSMENT

39914

The foregoing appropriation item 200-437, Student Assessment,	39915
shall be used to develop, field test, print, distribute, score,	39916
and report results from the tests required under sections	39917
3301.0710 and 3301.0711 of the Revised Code and for similar	39918
purposes as required by section 3301.27 of the Revised Code.	39919

SAFE SCHOOLS

39920

Of the foregoing appropriation item 200-438, Safe Schools,	39921
$230,000 in each fiscal year shall be used for the development and	39922
operation of a Safe Schools Center. The Department of Education	39923
shall oversee the creation of a center to serve as a coordinating	39924
entity to assist school district personnel, parents, juvenile	39925
justice representatives, and law enforcement in identifying	39926
effective strategies and services for improving school safety and	39927
reducing threats to the security of students and school personnel.	39928

Of the foregoing appropriation item 200-438, Safe Schools, up	39929
to $1,800,000 in each fiscal year shall be used for a safe-school	39930
help line program for students, parents, and the community to	39931
report threats to the safety of students or school personnel. The	39932
Department of Education shall establish criteria to distribute	39933
these funds to school districts whose superintendents indicate the	39934
program would be a meaningful aid to school security.	39935

Of the foregoing appropriation item 200-438, Safe Schools, up	39936
to $20,000 in each fiscal year may be used by schools for the	39937
Eddie Eagle Gun Safety Pilot Program. School districts wishing to	39938
participate in the pilot program shall apply to the Department of	39939
Education under guidelines established by the Superintendent of	39940
Public Instruction.	39941

AMERICAN SIGN LANGUAGE

39942

Of the foregoing appropriation item 200-441, American Sign	39943
Language, up to $153,000 in fiscal year 2002 and up to $156,060	39944
in fiscal year 2003 shall be used to implement pilot projects for	39945
the integration of American Sign Language deaf language into the	39946
kindergarten through twelfth-grade curriculum.	39947

The remainder of the appropriation shall be used by the	39948
Department of Education to provide supervision and consultation to	39949
school districts in dealing with parents of handicapped children	39950
who are deaf or hard of hearing, in integrating American Sign	39951
Language as a foreign language, and in obtaining interpreters and	39952
improving their skills.	39953

CHILD CARE LICENSING

39954

The foregoing appropriation item 200-442, Child Care	39955
Licensing, shall be used by the Department of Education to license	39956
and to inspect preschool and school-age child care programs in	39957
accordance with sections 3301.52 to 3301.59 of the Revised Code.	39958

PROFESSIONAL RECRUITMENT

39959

Of the foregoing appropriation item 200-444, Professional	39960
Recruitment, $1,300,000 in each fiscal year shall be used by the	39961
Department of Education to establish programs targeted at	39962
recruiting underrepresented populations into the teaching	39963
profession. In each year, the recruitment programs shall include,	39964
but not be limited to, alternative teacher licensure or	39965
certification programs emphasizing the recruitment of highly	39966
qualified minority candidates into teaching, including emphasizing	39967
the recruitment of highly qualified minority candidates into	39968
teaching positions in schools that have a high percentage of	39969
minority students. The recruitment programs also shall target	39970
recruiting qualified candidates available as a result of	39971
downsizing of the military and business sectors. Funding also	39972
shall be targeted to statewide, regional, and local programs that	39973
are competitively selected as promising programs demonstrating the	39974
potential of significantly increasing Ohio's minority teaching	39975
force.	39976

The remainder of appropriation item 200-444 shall be used by	39977
the Department of Education for recruitment programs targeting	39978
special needs areas: recruiting prospective mathematics and	39979
science teachers, recruiting special educators, recruiting	39980
principals, developing a web-based placement bureau, establishing	39981
a pre-collegiate program to target future teachers, and piloting	39982
paraeducators-to-teacher programs.	39983

OHIOREADS ADMIN/VOLUNTEER SUPPORT

39984

The foregoing appropriation item 200-445, OhioReads	39985
Admin/Volunteer Support, may be allocated by the OhioReads Council	39986
for volunteer coordinators in public school buildings, to	39987
educational service centers for costs associated with volunteer	39988
coordination, for background checks for volunteers, to evaluate	39989
the OhioReads Program, and for operating expenses associated with	39990
administering the program.	39991

Section 44.08.  EDUCATION MANAGEMENT INFORMATION SYSTEM

39992

The foregoing appropriation item 200-446, Education	39993
Management Information System, shall be used by the Department of	39994
Education to provide school districts with the means to implement	39995
local automated information systems and to implement, develop, and	39996
improve the Education Management Information System (EMIS) for the	39997
common student information management software developed by the	39998
Department of Education.	39999

Of the foregoing appropriation item 200-446, Education	40000
Management Information System, up to $1,100,000 in fiscal year	40001
2002 may be used by the Department of Education to assist	40002
designated data acquisition sites or school districts with	40003
deployment and implementation of the common student management	40004
record system software, and for hardware, personnel, equipment,	40005
staff development, software, and forms modification, as well as to	40006
support EMIS special report activities in the department.	40007

Of the foregoing appropriation item 200-446, Education	40008
Management Information System, up to $2,213,639 in fiscal year	40009
2002 and up to $1,476,760 in fiscal year 2003 shall be distributed	40010
to designated data acquisition sites for costs relating to	40011
processing, storing, and transferring data for the effective	40012
operation of the EMIS. These costs may include, but are not	40013
limited to, personnel, hardware, software development,	40014
communications connectivity, professional development, and support	40015
services, and to provide services to participate in the State	40016
Education Technology Plan pursuant to section 3301.07 of the	40017
Revised Code.	40018

Of the foregoing appropriation item 200-446, Education	40019
Management Information System, up to $7,763,297 in fiscal year	40020
2002 and up to $8,999,708 in fiscal year 2003 shall be distributed	40021
to school districts, community schools established under Chapter	40022
3314. of the Revised Code, education service centers, and joint	40023
vocational school districts on a per-pupil basis. From this	40024
funding, each school district or community school established	40025
under Chapter 3314. of the Revised Code with enrollment greater	40026
than 100 students and each vocational school district shall	40027
receive a minimum of $5,000 for each year of the biennium. Each	40028
school district or community school established under Chapter	40029
3314. of the Revised Code with enrollment between one and one	40030
hundred and each education service center and each county board of	40031
MR/DD that submits data through EMIS shall receive $3,000 for each	40032
year of the biennium. This money shall be used for costs	40033
associated with the development and operation of local automated	40034
record-based information systems that provide data as required by	40035
the education management information system, and facilitate local	40036
district, school, and classroom management activities.	40037

GED TESTING/ADULT HIGH SCHOOL

40038

The foregoing appropriation item 200-447, GED Testing/Adult	40039
High School, shall be used to provide General Educational	40040
Development (GED) testing at no cost to applicants, pursuant to	40041
rules adopted by the State Board of Education. The Department of	40042
Education shall reimburse school districts and community schools,	40043
created in accordance with Chapter 3314. of the Revised Code, for	40044
a portion of the costs incurred in providing summer instructional	40045
or intervention services to students who have not graduated due to	40046
their inability to pass one or more parts of the state's ninth	40047
grade proficiency test. School districts shall also provide such	40048
services to students who are residents of the district pursuant to	40049
section 3313.64 of the Revised Code, but who are enrolled in	40050
chartered, nonpublic schools. The services shall be provided in	40051
the public school, in nonpublic schools, in public centers, or in	40052
mobile units located on or off the nonpublic school premises. No	40053
school district shall provide summer instructional or intervention	40054
services to nonpublic school students as authorized by this	40055
section unless such services are available to students attending	40056
the public schools within the district. No school district shall	40057
provide services for use in religious courses, devotional	40058
exercises, religious training, or any other religious activity.	40059
Chartered, nonpublic schools shall pay for any unreimbursed costs	40060
incurred by school districts for providing summer costs incurred	40061
by school districts for providing summer instruction or	40062
intervention services to students enrolled in chartered, nonpublic	40063
schools. School districts may provide these services to students	40064
directly or contract with postsecondary or nonprofit	40065
community-based institutions in providing instruction. The	40066
appropriation also shall be used for state reimbursement to	40067
school districts for adult high school continuing education	40068
programs pursuant to section 3313.531 of the Revised Code or for	40069
costs associated with awarding adult high school diplomas under	40070
section 3313.611 of the Revised Code.	40071

COMMUNITY SCHOOLS

40072

Of the foregoing appropriation item 200-455, Community	40073
Schools, up to $100,000 in each fiscal year may be used by the	40074
Lucas County Educational Service Center to pay for additional	40075
services provided to community schools, subject to the reporting	40076
by the service center of actual expenses incurred to the	40077
Department of Education. Up to $1,628,935 in fiscal year 2002 and	40078
up to $1,724,517 in fiscal year 2003 may be used by the Office of	40079
School Options in the Department of Education for additional	40080
services and responsibilities under section 3314.11 of the Revised	40081
Code.	40082

The remaining appropriation may be used by the Department of	40083
Education and the Lucas County Educational Service Center to make	40084
grants of up to $50,000 to each proposing group with a preliminary	40085
agreement obtained under division (C)(2) of section 3314.02 of the	40086
Revised Code in order to defray planning and initial start-up	40087
costs. In the first year of operation of a community school, the	40088
Department of Education and the Lucas County Educational Service	40089
Center may make a grant of no more than $100,000 to the governing	40090
authority of the school to partially defray additional start-up	40091
costs. The amount of the grant shall be based on a thorough	40092
examination of the needs of the community school. The Department	40093
of Education and the Lucas County Educational Service Center shall	40094
not utilize moneys received under this section for any other	40095
purpose other than those specified under this section. The	40096
department shall allocate an amount to the Lucas County	40097
Educational Service Center for grants to schools in the Lucas	40098
County area under this paragraph.	40099

A community school awarded start-up grants from appropriation	40100
item 200-613, Public Charter Schools (Fund 3T4), shall not be	40101
eligible for grants under this section.	40102

Section 44.09.  SCHOOL FINANCE EQUITY

40103

The foregoing appropriation item 200-500, School Finance	40104
Equity, shall be distributed to school districts based on the	40105
formula specified in section 3317.0213 of the Revised Code.	40106

Section 44.10.  BASE COST FUNDING

40107

The foregoing appropriation item 200-501, Base Cost Funding,	40108
includes $86,794,676 in fiscal year 2003 for the state education	40109
aid offset due to the change in public utility valuation as a	40110
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	40111
General Assembly. This amount represents the total state	40112
education aid offset due to the valuation change for school	40113
districts and joint vocational school districts from all relevant	40114
line item sources. If it is determined that the state education	40115
aid offset is more than $86,794,676, the Controlling Board may	40116
increase the appropriation for item 200-501, Base Cost Funding, by	40117
the difference amount if presented with such a request from the	40118
Department of Education. The appropriation increase, if any, is	40119
hereby appropriated. If it is determined that the state education	40120
aid offset is less than $86,794,676, the Director of Budget and	40121
Management shall then reduce the appropriation for item 200-501,	40122
Base Cost Funding, by the difference amount and notify the	40123
Controlling Board of this action. The appropriation decrease	40124
determined by the Director of Budget and Management, if any, is	40125
hereby approved, and appropriations are hereby reduced by the	40126
amount determined.	40127

Of the foregoing appropriation item 200-501, Base Cost	40128
Funding, up to $425,000 shall be expended in each year of the	40129
biennium for court payments pursuant to section 2151.357 of the	40130
Revised Code; an amount shall be available each year of the	40131
biennium for the cost of the reappraisal guarantee pursuant to	40132
section 3317.04 of the Revised Code; an amount shall be available	40133
in each year of the biennium to fund up to 225 full-time	40134
equivalent approved GRADS teacher grants pursuant to division (R)	40135
of section 3317.024 of the Revised Code; an amount shall be	40136
available in each year of the biennium to make payments to school	40137
districts pursuant to division (A)(2) of section 3317.022 of the	40138
Revised Code; an amount shall be available in fiscal year 2003 to	40139
make payments to school districts pursuant to division (F) of	40140
section 3317.022 of the Revised Code; and up to $15,000,000 in	40141
each year of the biennium shall be reserved for payments pursuant	40142
to sections 3317.026, 3317.027, and 3317.028 of the Revised Code	40143
except that the Controlling Board may increase the $15,000,000	40144
amount if presented with such a request from the Department of	40145
Education. Of the foregoing appropriation item 200-501, Base Cost	40146
Funding, up to $14,000,000 shall be used in each fiscal year to	40147
provide additional state aid to school districts for special	40148
education students pursuant to division (C)(4) of section 3317.022	40149
of the Revised Code; up to $2,000,000 in each year of the biennium	40150
shall be reserved for Youth Services tuition payments pursuant to	40151
section 3317.024 of the Revised Code; and up to $52,000,000 in	40152
each fiscal year shall be reserved to fund the state reimbursement	40153
of educational service centers pursuant to section 3317.11 of the	40154
Revised Code.	40155

Of the foregoing appropriation item 200-501, Base Cost	40156
Funding, up to $1,000,000 in each fiscal year shall be used by the	40157
Department of Education for a pilot program to pay for educational	40158
services for youth who have been assigned by a juvenile court or	40159
other authorized agency to any of the facilities described in	40160
division (A) of the section titled "Private Treatment Facility	40161
Pilot Project."	40162

The remaining portion of appropriation item 200-501, Base	40163
Cost Funding, shall be expended for the public schools of city,	40164
local, exempted village, and joint vocational school districts,	40165
including base cost funding, special education weight funding,	40166
special education speech service enhancement funding,	40167
career-technical education weight funding, career-technical	40168
education associated service funding, guarantee funding, and	40169
teacher training and experience funding pursuant to sections	40170
3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised Code.	40171

Appropriation items 200-500, School Finance Equity, 200-501,	40172
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	40173
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	40174
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	40175
than specific set-asides, are collectively used to pay state	40176
formula aid obligations for school districts and joint vocational	40177
school districts pursuant to Chapter 3317. of the Revised Code.	40178
The first priority of these appropriation items, with the	40179
exception of specific set-asides, is to fund state formula aid	40180
obligations under Chapter 3317. of the Revised Code. It may be	40181
necessary to reallocate funds among these appropriation items in	40182
order to meet state formula aid obligations. If it is determined	40183
that it is necessary to transfer funds among these appropriation	40184
items to meet state formula aid obligations, the Department of	40185
Education shall seek approval from the Controlling Board to	40186
transfer funds among these appropriation items.	40187

Section 44.11. SUPPLEMENTAL PAYMENT

40188

Upon the recommendation of the Superintendent of Public	40189
Instruction, and subject to the approval of the Controlling Board,	40190
the Department of Education shall pay a school district in fiscal	40191
year 2002 an amount not greater than the difference between the	40192
following:	40193

(A) The cost of increasing teachers' salaries above the	40194
district's salary schedule to comply with division (C) of section	40195
3317.13 of the Revised Code as amended by this act, multiplied by	40196
one hundred fourteen per cent;	40197

(B) The district's increases in state funds for fiscal year	40198
2002.	40199

The increases in state funds for fiscal year 2002 shall be	40200
calculated by determining additional state funds received for	40201
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029,	40202
3317.0212, and 3317.053 and division (P) of section 3317.024 of	40203
the Revised Code and uncodified sections of this act, above the	40204
amount of state funds the district received for fiscal year 2001	40205
under sections 3317.022, 3317.023, 3317.029, 3317.0212, and	40206
3317.162 and division (P) of section 3317.024 of the Revised Code	40207
and uncodified sections of Am. Sub. H.B. 282 of the 123rd General	40208
Assembly.	40209

The Department shall determine application procedures and a	40210
schedule for applications and payments under this section, which	40211
shall be subject to the approval of the Controlling Board. The	40212
Department may pay one-half of an estimated amount of a district's	40213
payment under this section during the first half of fiscal year	40214
2002, and the remainder of the actual calculated amount during the	40215
second half of the fiscal year. Subject to the approval of the	40216
Controlling Board, the amount of any overpayments under this	40217
section shall be deducted from payments made to the school	40218
district under Chapter 3317. of the Revised Code for the remainder	40219
of the fiscal year.	40220

Section 44.12.  PUPIL TRANSPORTATION

40221

Of the foregoing appropriation item 200-502, Pupil	40222
Transportation, up to $800,000 in fiscal year 2002 and up to	40223
$822,400 in fiscal year 2003 may be used by the Department of	40224
Education for training prospective and experienced school bus	40225
drivers in accordance with training programs prescribed by the	40226
department; an amount shall be available in each year of the	40227
biennium to be used for special education transportation	40228
reimbursements. The reimbursement rate in each year shall be	40229
based on the rate defined in division (D) of section 3317.022 of	40230
the Revised Code. The remainder of appropriation item 200-502,	40231
Pupil Transportation, shall be used for the state reimbursement of	40232
public school districts' costs in transporting pupils to and from	40233
the school they attend in accordance with the district's policy,	40234
State Board of Education standards, and the Revised Code.	40235

BUS PURCHASE ALLOWANCE

40236

The foregoing appropriation item 200-503, Bus Purchase	40237
Allowance, shall be distributed to school districts and	40238
educational service centers pursuant to rules adopted under	40239
section 3317.07 of the Revised Code. Up to 25 per cent of the	40240
amount appropriated may be used to reimburse school districts and	40241
educational service centers for the purchase of buses to transport	40242
handicapped and nonpublic school students.	40243

SCHOOL LUNCH

40244

The foregoing appropriation item 200-505, School Lunch Match,	40245
shall be used to provide matching funds to obtain federal funds	40246
for the school lunch program.	40247

Section 44.13.  ADULT LITERACY EDUCATION

40248

The foregoing appropriation item 200-509, Adult Literacy	40249
Education, shall be used to support adult basic and literacy	40250
education instructional programs and the State Literacy Resource	40251
Center Program.	40252

Of the foregoing appropriation item 200-509, Adult Literacy	40253
Education, up to $543,150 in fiscal year 2002 and up to $554,013	40254
in fiscal year 2003 shall be used for the support and operation of	40255
the State Literacy Resource Center.	40256

The remainder shall be used to continue to satisfy the state	40257
match and maintenance of effort requirements for the support and	40258
operation of the Department of Education-administered	40259
instructional grant program for adult basic and literacy education	40260
in accordance with the department's state plan for adult basic and	40261
literacy education as approved by the State Board of Education and	40262
the Secretary of the United States Department of Education.	40263

AUXILIARY SERVICES

40264

The foregoing appropriation item 200-511, Auxiliary Services,	40265
shall be used by the State Board of Education for the purpose of	40266
implementing section 3317.06 of the Revised Code. Of the	40267
appropriation, up to $1,250,000 in fiscal year 2002 and up to	40268
$1,500,000 in fiscal year 2003 may be used for payment of the	40269
Post-Secondary Enrollment Options Program for nonpublic students	40270
pursuant to section 3365.10 of the Revised Code.	40271

STUDENT INTERVENTION SERVICES

40272

The foregoing appropriation item 200-513, Student	40273
Intervention Services, shall be used to assist districts providing	40274
the intervention services specified in section 3313.608 of the	40275
Revised Code. The Department of Education shall establish	40276
guidelines for the use and distribution of these moneys. School	40277
districts receiving funds from this appropriation shall report to	40278
the Department of Education on how funds were used.	40279

No later than July 15, 2002, the Director of Budget and	40280
Management shall transfer $35,000,000 from Fund 3W6, TANF	40281
Education, to the General Revenue Fund. The transferred funds are	40282
appropriated for the appropriation item 200-513, Student	40283
Intervention Services. The foregoing appropriation item 200-513,	40284
Student Intervention Services, includes transferred funds of	40285
$35,000,000 in fiscal year 2003.	40286

The Department of Education shall comply with all TANF	40287
requirements, including reporting requirements and timelines, as	40288
specified in state and federal laws, federal regulations, state	40289
rules, and the Title IV-A state plan, and is responsible for	40290
payment of any adverse audit finding, final disallowance of	40291
federal financial participation, or other sanction or penalty	40292
issued by the federal government or other entity concerning these	40293
funds.	40294

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

40295

The foregoing appropriation item 200-514,	40296
Post-Secondary/Adult Career-Technical Education, shall be used by	40297
the State Board of Education to provide post-secondary/adult	40298
career-technical education under sections 3313.52 and 3313.53 of	40299
the Revised Code.	40300

Of the foregoing appropriation item 200-514,	40301
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	40302
each fiscal year shall be allocated for the Ohio Career	40303
Information System (OCIS) and used for the dissemination of career	40304
information data to public schools, libraries, rehabilitation	40305
centers, two- and four-year colleges and universities, and other	40306
governmental units.	40307

Of the foregoing appropriation item 200-514,	40308
Post-Secondary/Adult Career-Technical Education, up to $30,000 in	40309
each fiscal year shall be used for the statewide coordination of	40310
the activities of the Ohio Young Farmers.	40311

DISADVANTAGED PUPIL IMPACT AID

40312

The foregoing appropriation item 200-520, Disadvantaged Pupil	40313
Impact Aid, shall be distributed to school districts according to	40314
section 3317.029 of the Revised Code. However, no money shall be	40315
distributed for all-day kindergarten to any school district whose	40316
three-year average formula ADM exceeds 17,500 but whose DPIA index	40317
is not at least equal to 1.00 in each fiscal year, unless the	40318
Department of Education certifies that sufficient funds exist in	40319
this appropriation to make all other payments required by section	40320
3317.029 of the Revised Code.	40321

The Department of Education shall pay all-day, everyday	40322
kindergarten funding to all school districts in fiscal year 2002	40323
and fiscal year 2003 that qualified for and provided the service	40324
in a preceding fiscal year pursuant to section 3317.029 of the	40325
Revised Code, regardless of changes to such districts' DPIA	40326
indexes in fiscal year 2002 and fiscal year 2003.	40327

The Department of Education shall pay to community schools an	40328
amount for all-day kindergarten if the school district in which	40329
the student is entitled to attend school is eligible but does not	40330
receive a payment for all-day kindergarten, pursuant to division	40331
(B) of section 3314.13 of the Revised Code, and the student is	40332
reported by the community school as enrolled in all-day	40333
kindergarten at the community school.	40334

Of the foregoing appropriation item 200-520, Disadvantaged	40335
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	40336
$3,300,000 in fiscal year 2003 shall be used for school breakfast	40337
programs. Of these amounts, up to $500,000 shall be used each	40338
year by the Department of Education to provide start-up grants to	40339
rural school districts and to school districts with less than	40340
1,500 ADM that start school breakfast programs. The remainder of	40341
the appropriation shall be used to: (1) partially reimburse	40342
school buildings within school districts that are required to have	40343
a school breakfast program pursuant to section 3313.813 of the	40344
Revised Code, at a rate decided by the department, for each	40345
breakfast served to any pupil enrolled in the district; (2)	40346
partially reimburse districts participating in the National School	40347
Lunch Program that have at least 20 per cent of students who are	40348
eligible for free and reduced meals according to federal	40349
standards, at a rate decided by the department; and (3) to	40350
partially reimburse districts participating in the National School	40351
Lunch Program for breakfast served to children eligible for free	40352
and reduced meals enrolled in the district, at a rate decided by	40353
the department.	40354

Of the portion of the funds distributed to the Cleveland City	40355
School District under section 3317.029 of the Revised Code	40356
calculated under division (F)(2) of that section, up to	40357
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	40358
year 2003 shall be used to operate the pilot school choice program	40359
in the Cleveland City School District pursuant to sections	40360
3313.974 to 3313.979 of the Revised Code.	40361

Of the foregoing appropriation item 200-520, Disadvantaged	40362
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	40363
support dropout recovery programs administered by the Department	40364
of Education, Jobs for Ohio's Graduates Program.	40365

Section 44.14.  GIFTED PUPIL PROGRAM

40366

The foregoing appropriation item 200-521, Gifted Pupil	40367
Program, shall be used for gifted education units not to exceed	40368
1,050 in fiscal year 2002 and 1,100 in fiscal year 2003 pursuant	40369
to division (P) of section 3317.024 and division (F) of section	40370
3317.05 of the Revised Code.	40371

Of the foregoing appropriation item 200-521, Gifted Pupil	40372
Program, up to $5,000,000 in each fiscal year of the biennium may	40373
be used as an additional supplement for identifying gifted	40374
students pursuant to Chapter 3324. of the Revised Code.	40375

Of the foregoing appropriation item 200-521, Gifted Pupil	40376
Program, the Department of Education may expend up to $1,000,000	40377
each year for the Summer Honors Institute for gifted freshman and	40378
sophomore high school students. Up to $600,000 in each fiscal	40379
year shall be used for research and demonstration projects. The	40380
Department of Education shall research and evaluate the	40381
effectiveness of gifted education programs in Ohio. Up to $70,000	40382
in each year shall be used for the Ohio Summer School for the	40383
Gifted (Martin Essex Program).	40384

Section 44.15. PARITY AID

40385

The foregoing appropriation item 200-525, Parity Aid, shall	40386
be distributed to school districts based on the formulas specified	40387
in section 3317.0217 of the Revised Code.	40388

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

40389

The foregoing appropriation item 200-532, Nonpublic	40390
Administrative Cost Reimbursement, shall be used by the State	40391
Board of Education for the purpose of implementing section	40392
3317.063 of the Revised Code.	40393

DESEGREGATION COSTS

40394

The foregoing appropriation item 200-534, Desegregation	40395
Costs, shall be used to pay the legal fees associated with	40396
desegregation cases brought against the state.	40397

As part of managing state desegregation costs, any board of	40398
education of a school district subject to a federal court	40399
desegregation order that requires the district board to bus	40400
students for the purpose of racial balance shall, within one year	40401
after the effective date of this section:	40402

(1) Update its plan required under Am. Sub. H.B. 298 of the	40403
119th General Assembly designed to satisfy the court so as to	40404
obtain release from the court's desegregation order; and	40405

(2) Submit an updated copy of the plan to the State Board of	40406
Education.	40407

Upon request of the district board, the State Board shall provide	40408
technical assistance to the school district board in developing a	40409
plan.	40410

Within ninety days after the date on which the plan is	40411
submitted to the State Board of Education, the district board, or	40412
the district board and the State Board of Education jointly if	40413
both are parties to the desegregation case, shall submit the plan	40414
to the court and apply for release from the court's desegregation	40415
order.	40416

Section 44.16. SPECIAL EDUCATION ENHANCEMENTS	40417

Of the foregoing appropriation item 200-540, Special	40418
Education Enhancements, up to $45,295,000 in fiscal year 2002 and	40419
up to $47,809,750 in fiscal year 2003 shall be used to fund	40420
special education and related services at county boards of mental	40421
retardation and developmental disabilities for eligible students	40422
under section 3317.20 of the Revised Code. Up to $2,500,000 shall	40423
be used in each fiscal year to fund up to 57 special education	40424
classroom and related services units at institutions.	40425

Of the foregoing appropriation item 200-540, Special	40426
Education Enhancements, up to $3,293,959 in fiscal year 2002 and	40427
up to $3,425,717 in fiscal year 2003 shall be used for home	40428
instruction for handicapped children; up to $1,500,000 in each	40429
fiscal year shall be used for parent mentoring programs; and up to	40430
$2,744,966 in fiscal year 2002 and up to $2,854,764 in fiscal year	40431
2003 may be used for school psychology interns.	40432

Of the foregoing appropriation item 200-540, Special	40433
Education Enhancements, $3,852,160 in fiscal year 2002 and up to	40434
$4,006,246 in fiscal year 2003 shall be used by the Department of	40435
Education to assist school districts in funding aides pursuant to	40436
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative	40437
Code.	40438

Of the foregoing appropriation item 200-540, Special	40439
Education Enhancements, $78,623,506 in each fiscal year shall be	40440
distributed by the Department of Education to county boards of	40441
mental retardation and developmental disabilities, educational	40442
service centers, and school districts for preschool special	40443
education units and preschool supervisory units in accordance with	40444
section 3317.161 of the Revised Code. The department may	40445
reimburse county boards of mental retardation and developmental	40446
disabilities, educational service centers, and school districts	40447
for related services as defined in rule 3301-31-05 of the	40448
Administrative Code, for preschool occupational and physical	40449
therapy services provided by a physical therapy assistant and	40450
certified occupational therapy assistant, and for an instructional	40451
assistant. To the greatest extent possible, the Department of	40452
Education shall allocate these units to school districts and	40453
educational service centers. The Controlling Board may approve	40454
the transfer of unallocated funds from appropriation item 200-501,	40455
Base Cost Funding, to appropriation item 200-540, Special	40456
Education Enhancements, to fully fund existing units as necessary	40457
or to fully fund additional units. The Controlling Board may	40458
approve the transfer of unallocated funds from appropriation item	40459
200-540, Special Education Enhancements, to appropriation item	40460
200-501, Base Cost Funding, to fully fund the special education	40461
weight cost funding.	40462

The Department of Education shall require school districts,	40463
educational service centers, and county MR/DD boards serving	40464
preschool children with disabilities to document child progress	40465
using a common instrument prescribed by the department and report	40466
results annually. The reporting dates and methodology shall be	40467
determined by the department.	40468

The department shall adopt rules addressing the use of	40469
screening and assessment data including, but not limited to:	40470

(1) Protection of the identity of individual children	40471
through assignment of a unique, but not personally identifiable,	40472
code;	40473

(2) Parents' rights; and

40474

(3) Use of the child data by school personnel as it relates	40475
to kindergarten entrance.	40476

Of the foregoing appropriation item 200-540, Special	40477
Education Enhancements, up to $808,081 in fiscal year 2002 and up	40478
to $832,323 in fiscal year 2003 shall be allocated to provide	40479
grants to research-based reading mentoring programs for students	40480
with disabilities in kindergarten through fourth grade. Priority	40481
shall be given to mentoring programs that have been recognized by	40482
the Education Commission of the States as promising educational	40483
practices for accelerating student achievement, are easily	40484
replicated, have strong evaluative components, and have goals	40485
aligned to the Ohio Proficiency Test. Programs may be implemented	40486
at times deemed most appropriate. Certified staff shall	40487
administer these programs and testing of participants shall be	40488
required prior to, during, and after participation in these	40489
programs. The results of the tests shall be reported to the	40490
Governor, Superintendent of Public Instruction, and General	40491
Assembly.	40492

Of the foregoing appropriation item 200-540, Special	40493
Education Enhancements, up to $86,000 in each fiscal year shall be	40494
used to conduct a collaborative pilot program to provide	40495
educational services and develop best educational practices for	40496
autistic children. The pilot program shall include, but not be	40497
limited to, the involvement of the Wood County Board of Mental	40498
Retardation and Developmental Disabilities, Wood County	40499
Educational Services Center, Children's Resource Center of Wood	40500
County, and the Family and Children First Council of Wood County.	40501

Of the foregoing appropriation item 200-540, Special	40502
Education Enhancements, up to $303,030 in fiscal year 2002 and up	40503
to $312,121 in fiscal year 2003 shall be expended to conduct a	40504
demonstration project involving language and literacy intervention	40505
teams supporting student acquisition of language and literacy	40506
skills. The demonstration project shall demonstrate improvement	40507
of language and literacy skills of at-risk learners under the	40508
instruction of certified speech language pathologists and	40509
educators. Baseline data shall be collected and comparison data	40510
for fiscal year 2002 and fiscal year 2003 shall be collected and	40511
reported to the Governor, OhioReads Council, Department of	40512
Education, and the General Assembly.	40513

Section 44.17. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

40514

Of the foregoing appropriation item 200-545, Career-Technical	40515
Education Enhancements, up to $2,616,001 in each fiscal year shall	40516
be used to fund career-technical education units at institutions.	40517
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in	40518
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates	40519
(JOG) program.	40520

Of the foregoing appropriation item 200-545, Career-Technical	40521
Education Enhancements, up to $5,250,000 in fiscal year 2002 and	40522
up to $6,000,000 in fiscal year 2003 shall be used by the	40523
Department of Education to fund competitive grants to tech prep	40524
consortia that expand the number of students enrolled in tech prep	40525
programs. These grant funds shall be used to directly support	40526
expanded tech prep programs provided to students enrolled in	40527
school districts, including joint vocational school districts, and	40528
affiliated higher education institutions.	40529

If federal funds for career-technical education cannot be	40530
used for local school district leadership without being matched by	40531
state funds, then an amount as determined by the Superintendent of	40532
Public Instruction shall be made available from state funds	40533
appropriated for career-technical education. If any state funds	40534
are used for this purpose, federal funds in an equal amount shall	40535
be distributed for career-technical education in accordance with	40536
authorization of the state plan for vocational education for Ohio	40537
as approved by the Secretary of the United States Department of	40538
Education.	40539

Of the foregoing appropriation item 200-545, Career-Technical	40540
Education Enhancements, $5,707,573 in each fiscal year shall be	40541
used to provide an amount to each eligible school district for the	40542
replacement or updating of equipment essential for the instruction	40543
of students in job skills taught as part of a career-technical	40544
program or programs approved for such instruction by the State	40545
Board of Education. School districts replacing or updating	40546
career-technical education equipment may purchase or lease such	40547
equipment. The Department of Education shall review and approve	40548
all equipment requests and may allot appropriated funds to	40549
eligible school districts on the basis of the number of full-time	40550
equivalent workforce development teachers in all eligible	40551
districts making application for funds.	40552

The State Board of Education may adopt standards of need for	40553
equipment allocation. Pursuant to the adoption of any such	40554
standards of need by the State Board of Education, appropriated	40555
funds may be allotted to eligible districts according to such	40556
standards. Equipment funds allotted under either process shall be	40557
provided to a school district on a 30, 40, or 50 per cent of cost	40558
on the basis of a district career-technical priority index rating	40559
developed by the Department of Education for all districts each	40560
year. The career-technical priority index shall give preference	40561
to districts with a large percentage of disadvantaged students and	40562
shall include other socio-economic factors as determined by the	40563
State Board of Education.	40564

Of the foregoing appropriation item 200-545, Career-Technical	40565
Education Enhancements, up to $3,900,000 in each fiscal year shall	40566
be used to support existing High Schools That Work (HSTW) sites,	40567
develop new sites, fund technical assistance, and support regional	40568
centers and middle school programs. The purpose of HSTW is to	40569
combine challenging academic courses and modern vocational and	40570
technical studies to raise the academic achievement of students.	40571
It provides intensive technical assistance, focused staff	40572
development, targeted assessment services, and ongoing	40573
communications and networking opportunities.	40574

Section 44.18.  CHARGE-OFF SUPPLEMENT

40575

The foregoing appropriation item 200-546, Charge-Off	40576
Supplement, shall be used by the Department of Education to make	40577
payments pursuant to section 3317.0216 of the Revised Code.	40578

COUNTY MR/DD BOARDS - VEHICLE PURCHASES

40579

The foregoing appropriation item 200-552, County MR/DD Boards	40580
Vehicle Purchases, shall be used to provide financial assistance	40581
to MR/DD boards for the purchase of vehicles as permitted in	40582
section 3317.07 of the Revised Code.	40583

COUNTY MR/DD BOARDS - TRANSPORTATION

40584

The foregoing appropriation item 200-553, County MR/DD Boards	40585
Transportation Operating, shall be used to provide financial	40586
assistance for transportation operating costs as provided in	40587
division (M) of section 3317.024 of the Revised Code.	40588

EMERGENCY LOAN INTEREST SUBSIDY

40589

The foregoing appropriation item 200-558, Emergency Loan	40590
Interest Subsidy, shall be used to provide a subsidy to school	40591
districts receiving emergency school loans pursuant to section	40592
3313.484 of the Revised Code. The subsidy shall be used to pay	40593
these districts the difference between the amount of interest the	40594
district is paying on an emergency loan, and the interest that the	40595
district would have paid if the interest rate on the loan had been	40596
two per cent.	40597

Section 44.19.  OHIOREADS GRANTS

40598

Of the foregoing appropriation item 200-566, OhioReads	40599
Grants, $22,148,000 each year shall be disbursed by the OhioReads	40600
Office in the Department of Education at the direction of the	40601
OhioReads Council to provide classroom grants to public schools in	40602
city, local, and exempted village school districts; community	40603
schools; and educational service centers serving kindergarten	40604
through fourth grade students.	40605

Of the foregoing appropriation item 200-566, OhioReads	40606
Grants, $5,000,000 each year shall be disbursed by the OhioReads	40607
Office in the Department of Education at the direction of the	40608
OhioReads Council to provide community matching grants to	40609
community organizations and associations, libraries, and others	40610
for tutoring, tutor recruitment and training, and parental	40611
involvement.	40612

Grants awarded by the OhioReads Council are intended to	40613
improve reading outcomes, especially on the fourth grade reading	40614
proficiency test.	40615

SCHOOL IMPROVEMENT INCENTIVE GRANTS

40616

Of the foregoing appropriation item 200-570, School	40617
Improvement Incentive Grants, up to $750,000 shall be used to	40618
provide grants of up to $50,000 each to educational best practices	40619
award winners selected for superior performance by BEST, Building	40620
Excellent Schools for Today and the 21st Century.	40621

Any grants awarded from the foregoing appropriation item	40622
200-570, School Improvement Incentive Grants, shall be awarded to	40623
individual school buildings, educational service centers, or joint	40624
vocational school districts, as appropriate. Grant awards shall	40625
be expended for staff development, classroom equipment, materials,	40626
and books. The principal or administrator of each grantee shall	40627
decide how best to use the grant award, with input from staff	40628
members, consistent with the budget and grant award for the grant.	40629

Of the foregoing appropriation item 200-570, School	40630
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40631
used to support the Bellefaire Jewish Children's Bureau.	40632

Of the foregoing appropriation item 200-570, School	40633
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40634
used to support the Cleveland School of Art.	40635

Of the foregoing appropriation item 200-570, School	40636
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40637
used to support the Tuscarawas County Educational Service Center.	40638

Of the foregoing appropriation item 200-570, School	40639
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40640
used to support LEAF.	40641

Of the foregoing appropriation item 200-570, School	40642
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40643
used to support the Toledo Institute.	40644

SUBSTANCE ABUSE PREVENTION

40645

Of the foregoing appropriation item 200-574, Substance Abuse	40646
Prevention, up to $1,660,200 in each fiscal year shall be used for	40647
the Safe and Drug Free Schools Coordinators Program. Of the	40648
foregoing appropriation item 200-574, Substance Abuse Prevention,	40649
up to $288,000 in each fiscal year of the biennium shall be used	40650
for the Substance Abuse Prevention Student Assistance Program. The	40651
Department of Education and the Department of Alcohol and Drug	40652
Addiction Services shall jointly develop and approve a plan for	40653
the expenditure of these funds including, but not limited to, the	40654
development of position descriptions and training specifications	40655
for safe and drug free schools coordinators. Safe and drug free	40656
schools coordinators shall possess or be in the process of	40657
obtaining credentials issued by the Ohio Credentialing Board for	40658
Chemical Dependency Professionals or other credentials recognized	40659
by that board.	40660

AUXILIARY SERVICES MOBILE REPAIR

40661

Notwithstanding section 3317.064 of the Revised Code, if the	40662
unobligated cash balance is sufficient, the Treasurer of State	40663
shall transfer $1,500,000 in fiscal year 2002 within thirty days	40664
after the effective date of this section and $1,500,000 in fiscal	40665
year 2003 by August 1, 2002, from the Auxiliary Services Personnel	40666
Unemployment Compensation Fund to the Department of Education's	40667
Auxiliary Services Mobile Repair Fund (Fund 598).	40668

Section 44.20.  LOTTERY PROFITS EDUCATION FUND

40669

Appropriation item 200-612, Base Cost Funding (Fund 017),	40670
shall be used in conjunction with appropriation item 200-501, Base	40671
Cost Funding (GRF), to provide payments to school districts	40672
pursuant to Chapter 3317. of the Revised Code.	40673

Of the foregoing appropriation item 200-612, Base Cost	40674
Funding (Fund 017), $25,000,000 in each fiscal year shall be used	40675
from the funds transferred from the Unclaimed Prizes Trust Fund	40676
pursuant to the section entitled "Transfers from the Unclaimed	40677
Prizes Fund" of this act.	40678

The Department of Education, with the approval of the	40679
Director of Budget and Management, shall determine the monthly	40680
distribution schedules of appropriation item 200-501, Base Cost	40681
Funding (GRF), and appropriation item 200-612, Base Cost Funding	40682
(Fund 017). If adjustments to the monthly distribution schedule	40683
are necessary, the Department of Education shall make such	40684
adjustments with the approval of the Director of Budget and	40685
Management.	40686

The Director of Budget and Management shall transfer via	40687
intrastate transfer voucher the amount appropriated under the	40688
Lottery Profits Education Fund for appropriation item 200-682,	40689
Lease Rental Payment Reimbursement, to the General Revenue Fund on	40690
a schedule determined by the director. These funds shall support	40691
the appropriation item 230-428, Lease Rental Payments (GRF), of	40692
the School Facilities Commission.	40693

LOTTERY PROFITS TRANSFERS*

40694

On the fifteenth day of May of each fiscal year, the Director	40695
of Budget and Management shall determine if lottery profits	40696
transfers will meet the appropriation amounts from the Lottery	40697
Profits Education Fund.	40698

On or after the date specified in each fiscal year, if the	40699
director determines that lottery profits will not meet	40700
appropriations and if other funds are not available to meet the	40701
shortfall, the Superintendent of Public Instruction shall take the	40702
actions specified under the "Reallocation of Funds" section of	40703
this act.	40704

TRANSFERS FROM THE UNCLAIMED PRIZES FUND

40705

By the fifteenth day of January of fiscal year 2002 and	40706
fiscal year 2003, the Director of Budget and Management shall	40707
transfer $25,000,000 from the State Lottery Commission's Unclaimed	40708
Prizes Fund to the Lottery Profits Education Fund, to be used	40709
solely for purposes specified in the Department of Education's	40710
budget. Transfers of unclaimed prizes under this provision shall	40711
not count as lottery profits in the determination made concerning	40712
excess profits titled "Lottery Profits" under the Department of	40713
Education in this act.	40714

TEACHER CERTIFICATION AND LICENSURE

40715

The foregoing appropriation item 200-681, Teacher	40716
Certification and Licensure, shall be used by the Department of	40717
Education in each year of the biennium to administer teacher	40718
certification and licensure functions pursuant to sections	40719
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	40720
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	40721
3319.51 of the Revised Code.	40722

Section 44.21.  LOTTERY PROFITS

40723

(A) There is hereby created the Lottery Profits Education	40724
Reserve Fund (Fund 018) in the State Treasury. At no time shall	40725
the amount to the credit of the fund exceed $75,000,000.	40726
Investment earnings of the Lottery Profits Education Reserve Fund	40727
shall be credited to the fund. Notwithstanding any provisions of	40728
law to the contrary, for fiscal years 2002 and 2003, there is	40729
appropriated to the Department of Education, from the Lottery	40730
Profits Education Reserve Fund, an amount necessary to make loans	40731
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	40732
Revised Code. All loan repayments from loans made in fiscal years	40733
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	40734
deposited into the credit of the Lottery Profits Education Reserve	40735
Fund.	40736

(B)(1) On or before July 15, 2001, the Director of Budget	40737
and Management shall determine the amount by which lottery profit	40738
transfers received by the Lottery Profits Education Fund for	40739
fiscal year 2001 exceed $665,200,000. The amount so certified	40740
shall be distributed in fiscal year 2002 pursuant to divisions (C)	40741
and (D) of this section.	40742

(2) On or before July 15, 2002, the Director of Budget and	40743
Management shall determine the amount by which lottery profit	40744
transfers received by the Lottery Profits Education Fund for	40745
fiscal year 2002 exceed $608,722,100. The amount so determined	40746
shall be distributed in fiscal year 2003 pursuant to divisions (E)	40747
and (F) of this section.	40748

The Director of Budget and Management shall annually certify	40749
the amounts determined pursuant to this section to the Speaker of	40750
the House of Representatives and the President of the Senate.	40751

(C) Not later than June 15, 2002, the Department of	40752
Education, in consultation with the Director of Budget and	40753
Management, shall determine, based upon estimates, if a	40754
reallocation of funds as described in the section of this act	40755
titled "Reallocation of Funds" is required.	40756

If a reallocation of funds is required, then the	40757
Superintendent of Public Instruction shall request Controlling	40758
Board approval for a release of any balances in the Lottery	40759
Profits Education Fund available for the purpose of this division	40760
and pursuant to divisions (C)(1) and (2) of the section of this	40761
act titled "Reallocation of Funds." Any moneys so released are	40762
appropriated.	40763

(D) In fiscal year 2002, if the Department of Education does	40764
not determine that a reallocation of funds is necessary by the	40765
fifteenth day of June, as provided in division (C) of this	40766
section, or if there is a balance in the Lottery Profits Education	40767
Fund after the release of any amount needed to preclude a	40768
reallocation of funds as provided in division (C) of this section,	40769
the moneys in the Lottery Profits Education Fund shall be	40770
allocated as provided in this division. Any amounts so allocated	40771
are appropriated.	40772

An amount equal to five per cent of the estimated lottery	40773
profits of $665,200,000 in fiscal year 2001 or the amount	40774
remaining in the fund, whichever is the lesser amount, shall be	40775
transferred to the Lottery Profits Education Reserve Fund within	40776
the limitations specified in division (A) of this section and be	40777
reserved and shall not be available for allocation or distribution	40778
during fiscal year 2002. Any amounts exceeding $75,000,000 shall	40779
be distributed pursuant to division (G) of this section.	40780

(E) Not later than June 15, 2003, the Department of	40781
Education, in consultation with the Director of Budget and	40782
Management, shall determine, based upon estimates, if a	40783
reallocation of funds as described in the section of this act	40784
titled "Reallocation of Funds" is required.	40785

If a reallocation of funds is required, then the	40786
Superintendent of Public Instruction shall request Controlling	40787
Board approval for a release of any balances in the Lottery	40788
Profits Education Fund available for the purpose of this division	40789
and pursuant to divisions (C)(1) and (2) of the section of this	40790
act titled "Reallocation of Funds." Any moneys so released are	40791
appropriated.	40792

(F) In fiscal year 2003, if the Department of Education does	40793
not determine that a reallocation of funds is necessary by the	40794
fifteenth day of June, as provided in division (E) of this	40795
section, or if there is a balance in the Lottery Profits Education	40796
Fund after the release of any amount needed to preclude a	40797
reallocation of funds as provided in division (E) of this section,	40798
the moneys in the Lottery Profits Education Fund shall be	40799
allocated as provided in this division. Any amounts so allocated	40800
are appropriated.	40801

An amount equal to five per cent of the estimated lottery	40802
profits transfers of $608,722,100 in fiscal year 2002 or the	40803
amount remaining in the fund, whichever is the lesser amount,	40804
shall be transferred to the Lottery Profits Education Reserve Fund	40805
within the limitations specified in division (A) of this section	40806
and be reserved and shall not be available for allocation or	40807
distribution during fiscal year 2003. Any amounts exceeding	40808
$75,000,000 shall be distributed pursuant to division (G) of this	40809
section.	40810

(G) In the appropriate fiscal year, any remaining amounts	40811
after the operations required by division (D) or (F) of this	40812
section, respectively, shall be transferred to the Public School	40813
Building Fund (Fund 021) and such amount is appropriated to	40814
appropriation item CAP-622, Public School Buildings, in the School	40815
Facilities Commission.	40816

Section 44.22. PROPERTY TAX ALLOCATION	40817

The Superintendent of Public Instruction shall not request,	40818
and the Controlling Board shall not approve, the transfer of funds	40819
from appropriation item 200-901, Property Tax	40820
Allocation-Education, to any other appropriation item.	40821

SCHOOL DISTRICT SOLVENCY ASSISTANCE

40822

Of the foregoing appropriation item 200-687, School District	40823
Solvency Assistance, $12,000,000 in each fiscal year shall be	40824
allocated to the School District Shared Resource Account and	40825
$12,000,000 in each fiscal year shall be allocated to the	40826
Catastrophic Expenditures Account. These funds shall be used to	40827
provide assistance and grants to school districts to enable them	40828
to remain solvent pursuant to section 3316.20 of the Revised Code.	40829
Assistance and grants shall be subject to approval by the	40830
Controlling Board. Any required reimbursements from school	40831
districts for solvency assistance shall be made to the appropriate	40832
account in the School District Solvency Assistance Fund.	40833

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

40834

The foregoing appropriation item 200-900, School District	40835
Property Tax Replacement, shall be used by the Department of	40836
Education, in consultation with the Department of Taxation, to	40837
make payments to school districts and joint vocational school	40838
districts pursuant to section 5727.85 of the Revised Code.	40839

Section 44.23.  PROPERTY TAX ALLOCATION - EDUCATION

40840

The appropriation item 200-901, Property Tax Allocation -	40841
Education, is appropriated to pay for the state's costs incurred	40842
due to the homestead exemption and the property tax rollback. In	40843
cooperation with the Department of Taxation, the Department of	40844
Education shall distribute these funds directly to the appropriate	40845
school districts of the state, notwithstanding sections 321.24 and	40846
323.156 of the Revised Code, which provide for payment of the	40847
homestead exemption and property tax rollback by the Tax	40848
Commissioner to the appropriate county treasurer and the	40849
subsequent redistribution of these funds to the appropriate local	40850
taxing districts by the county auditor.	40851

Appropriation item 200-906, Tangible Tax Exemption -	40852
Education is appropriated to pay for the state's costs incurred	40853
due to the tangible personal property tax exemption required by	40854
division (C)(3) of section 5709.01 of the Revised Code. In	40855
cooperation with the Department of Taxation, the Department of	40856
Education shall distribute to each county treasurer the total	40857
amount certified by the county treasurer pursuant to section	40858
319.311 of the Revised Code, for all school districts located in	40859
the county, notwithstanding the provision in section 319.311 of	40860
the Revised Code which provides for payment of the $10,000	40861
tangible personal property tax exemption by the Tax Commissioner	40862
to the appropriate county treasurer for all local taxing districts	40863
located in the county. Pursuant to division (G) of section 321.24	40864
of the Revised Code, the county auditor shall distribute the	40865
amount paid by the Department of Education among the appropriate	40866
school districts.	40867

Upon receipt of these amounts, each school district shall	40868
distribute the amount among the proper funds as if it had been	40869
paid as real or tangible personal property taxes. Payments for	40870
the costs of administration shall continue to be paid to the	40871
county treasurer and county auditor as provided for in sections	40872
319.54, 321.26, and 323.156 of the Revised Code.	40873

Any sums, in addition to the amounts specifically	40874
appropriated in appropriation items 200-901, Property Tax	40875
Allocation - Education, for the homestead exemption and the	40876
property tax rollback payments, and 200-906, Tangible Tax	40877
Exemption - Education, for the $10,000 tangible personal property	40878
tax exemption payments, which are determined to be necessary for	40879
these purposes, are appropriated.	40880

Section 44.24.  DISTRIBUTION FORMULAS*

40881

The Department of Education shall report the following to the	40882
Director of Budget and Management, the Legislative Office of	40883
Education Oversight, and the Legislative Service Commission:	40884

(A) Changes in formulas for distributing state	40885
appropriations, including administratively defined formula	40886
factors;	40887

(B) Discretionary changes in formulas for distributing	40888
federal appropriations;	40889

(C) Federally mandated changes in formulas for distributing	40890
federal appropriations.	40891

Any such changes shall be reported two weeks prior to the	40892
effective date of the change.	40893

Section 44.25.  DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	40894
PAYMENTS	40895

This section shall not take effect unless the Director of	40896
Budget and Management adopts an order putting it into effect and	40897
certifies a copy of the order to the Superintendent of Public	40898
Instruction and the Controlling Board.	40899

Notwithstanding any other provision of the Revised Code, the	40900
monthly distribution of payments made to school districts and	40901
educational service centers pursuant to section 3317.01 of the	40902
Revised Code for the first six months of each fiscal year shall	40903
equal, as nearly as possible, six and two-thirds per cent of the	40904
estimate of the amounts payable for each fiscal year. The monthly	40905
distribution of payments for the last six months of each fiscal	40906
year shall equal, as nearly as possible, ten per cent of the final	40907
calculation of the amounts payable to each school district for	40908
that fiscal year.	40909

The treasurer of each school district or educational service	40910
center may accrue, in addition to the payments defined in this	40911
section, to the accounts of the calendar years that end during	40912
each fiscal year, the difference between the sum of the first six	40913
months' payments in each fiscal year and the amounts the district	40914
would have received had the payments been made in, as nearly as	40915
possible in each fiscal year, twelve equal monthly payments.	40916

Notwithstanding the limitations on the amount of borrowing	40917
and time of payment provided for in section 133.10 of the Revised	40918
Code but subject to sections 133.26 and 133.30 of the Revised	40919
Code, a board of education of a school district may at any time	40920
between July 1, 2001, and December 31, 2001, or at any time	40921
between July 1, 2002, and December 31, 2002, borrow money to pay	40922
any necessary and actual expenses of the school district during	40923
the last six months of calendar years 2001 and 2002 and in	40924
anticipation of the receipt of any portion of the payments to be	40925
received by that district in the first six months of calendar	40926
years 2002 and 2003 representing the respective amounts accrued	40927
pursuant to the preceding paragraph, and issue notes to evidence	40928
that borrowing to mature no later than the thirtieth day of June	40929
of the calendar year following the calendar year in which such	40930
amount was borrowed. The principal amount borrowed in the last	40931
six months of calendar years 2001 or 2002 under this paragraph may	40932
not exceed the entire amount accrued or to be accrued by the	40933
district treasurer in those calendar years pursuant to the	40934
preceding paragraph. The proceeds of the notes shall be used only	40935
for the purposes for which the anticipated receipts are lawfully	40936
appropriated by the board of education. No board of education	40937
shall be required to use the authority granted by this paragraph.	40938
The receipts so anticipated, and additional amounts from	40939
distributions to the districts in the first six months of calendar	40940
years 2002 and 2003 pursuant to Chapter 3317. of the Revised Code	40941
needed to pay the interest on the notes, shall be deemed	40942
appropriated by the board of education to the extent necessary for	40943
the payment of the principal of and interest on the notes at	40944
maturity, and the amounts necessary to make those monthly	40945
distributions are appropriated from the General Revenue Fund. For	40946
the purpose of better ensuring the prompt payment of principal of	40947
and interest on the notes when due, the resolution of the board of	40948
education authorizing the notes may direct that the amount of the	40949
receipts anticipated, together with those additional amounts	40950
needed to pay the interest on the borrowed amounts, shall be	40951
deposited and segregated, in trust or otherwise, to the extent, at	40952
the time or times, and in the manner provided in that resolution.	40953
The borrowing authorized by this section does not constitute debt	40954
for purposes of section 133.04 of the Revised Code. School	40955
districts shall be reimbursed by the state for all necessary and	40956
actual costs to districts arising from this provision, including,	40957
without limitation, the interest paid on the notes while the notes	40958
are outstanding. The Department of Education shall adopt rules	40959
that are not inconsistent with this section for school district	40960
eligibility and application for reimbursement of such costs.	40961
Payments of these costs shall be made out of any anticipated	40962
balances in appropriation items distributed under Chapter 3317. of	40963
the Revised Code. The department shall submit all requests for	40964
reimbursement under these provisions to the Controlling Board for	40965
approval.	40966

During the last six months of each calendar year, instead of	40967
deducting the amount the Superintendent of Public Instruction	40968
would otherwise deduct from a school district's or educational	40969
service center's state aid payments in accordance with the	40970
certifications made for such year pursuant to sections 3307.56 and	40971
3309.51 of the Revised Code, the superintendent shall deduct an	40972
amount equal to forty per cent of the amount so certified. The	40973
secretaries of the retirement systems shall compute the	40974
certifications for the ensuing year under such sections as if the	40975
entire amounts certified as due in the calendar year ending the	40976
current fiscal year, but not deducted pursuant to this paragraph,	40977
had been deducted and paid in that calendar year. During the	40978
first six months of the ensuing calendar year, in addition to	40979
deducting the amounts the Superintendent of Public Instruction is	40980
required to deduct under such sections during such period, the	40981
superintendent shall deduct from a district's or educational	40982
service center's state aid payments an additional amount equal to	40983
the amount that was certified as due from the district for the	40984
calendar year that ends during the fiscal year, but that was not	40985
deducted because of this paragraph. The superintendent's	40986
certifications to the Director of Budget and Management during the	40987
first six months of the calendar year shall reflect such	40988
additional deduction.	40989

Section 44.26.  REALLOCATION OF FUNDS

40990

(A) As used in this section:

40991

(1) "Basic aid" means the amount calculated for the school	40992
district received for the fiscal year under divisions (A) and (C)	40993
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,	40994
3317.0212, and 3317.0213 of the Revised Code and the amount	40995
computed for a joint vocational school district under section	40996
3317.16 of the Revised Code.	40997

(2) "Nonbasic aid" means the amount computed for a school	40998
district for fiscal year 2002 or fiscal year 2003 under Chapter	40999
3317. of the Revised Code and this act, excluding the district's	41000
basic aid and the amount computed under such chapter and acts for	41001
educational service centers, MR/DD boards, and institutions.	41002

(B) If in either fiscal year of the biennium the Governor	41003
issues an order under section 126.05 of the Revised Code to reduce	41004
expenditures and incurred obligations and the order requires the	41005
superintendent to reduce such state education payments, or if	41006
lottery profits transfers are insufficient to meet the amounts	41007
appropriated from the Lottery Profits Education Fund for base cost	41008
funding, and if other funds are not sufficient to offset the	41009
shortfall, the superintendent shall reduce nonbasic aid payments	41010
so that the total amount expended in the fiscal year will not	41011
exceed the amount available for expenditure pursuant to the	41012
Governor's order. Subject to Controlling Board approval, the	41013
superintendent shall reallocate appropriations not yet expended	41014
from one program to another.	41015

(C)(1) If further reductions in nonbasic aid are necessary	41016
following the reallocations implemented pursuant to division (B)	41017
of this section, the superintendent shall request the Controlling	41018
Board to approve the use of the money appropriated by this	41019
division. The superintendent shall include with the	41020
superintendent's request a report listing the amount of reductions	41021
that each school district will receive if the request is not	41022
approved, and also the amount of the reduction, if any, that will	41023
still be required if the use of the money appropriated by this	41024
section is approved.	41025

(2) In accordance with division (C)(1) of this section,	41026
there is appropriated to the Department of Education from the	41027
unobligated balance remaining in the Lottery Profits Education	41028
Fund at the end of fiscal year 2001 the lesser of: the	41029
unobligated balance in the fund, or the amount needed to preclude	41030
a reallocation pursuant to this section. The money appropriated	41031
by this division may be spent or distributed by the department	41032
only with the approval of the Controlling Board.	41033

(D) If reductions in nonbasic aid are still necessary	41034
following the actions taken pursuant to divisions (B) and (C) of	41035
this section, the superintendent shall determine by what	41036
percentage expenditures for nonbasic aid must be reduced for the	41037
remainder of the fiscal year to make the total amount distributed	41038
for the year equal the amount appropriated or available for	41039
distribution. The superintendent shall reduce by that percentage	41040
the amount to be paid in nonbasic aid to each city, exempted	41041
village, local, and joint vocational school district, to each	41042
educational service center, to each county board of mental	41043
retardation and developmental disabilities, and to each	41044
institution providing special education programs under section	41045
3323.091 of the Revised Code for the remainder of the fiscal year.	41046

Section 44.27.  EDUCATIONAL SERVICE CENTERS FUNDING

41047

Notwithstanding division (B) of section 3317.11 of the	41048
Revised Code, no funds shall be provided to an educational service	41049
center in either fiscal year for any pupils of a city or exempted	41050
village school district unless an agreement to provide services	41051
under section 3313.843 of the Revised Code was entered into by	41052
January 1, 1997, except that funds shall be provided to an	41053
educational service center for any pupils of a city school	41054
district if the agreement to provide services was entered into	41055
within one year of the date upon which such district changed from	41056
a local school district to a city school district. If	41057
insufficient funds are appropriated in fiscal year 2002 or fiscal	41058
year 2003 for the purposes of division (B) of section 3317.11 of	41059
the Revised Code, the department shall first distribute to each	41060
educational service center $37 per pupil in its service center	41061
ADM, as defined in that section. The remaining funds in each	41062
fiscal year shall be distributed proportionally, on a per-student	41063
basis, to each educational service center for its client ADM, as	41064
defined in that section, that is attributable to each city and	41065
exempted village school district that had entered into an	41066
agreement with an educational service center for that fiscal year	41067
under section 3313.843 of the Revised Code by January 1, 1997.	41068

Section 44.28. * For the school year commencing July 1,	41069
2001, or the school year commencing July 1, 2002, or both, the	41070
Superintendent of Public Instruction may waive for the board of	41071
education of any school district the ratio of teachers to pupils	41072
in kindergarten through fourth grade required under paragraph	41073
(A)(3) of rule 3301-35-03 of the Administrative Code if the	41074
following conditions apply:	41075

(A) The board of education requests the waiver.

41076

(B) After the Department of Education conducts an on-site	41077
evaluation of the district related to meeting the required ratio,	41078
the board of education demonstrates to the satisfaction of the	41079
Superintendent of Public Instruction that providing the facilities	41080
necessary to meet the required ratio during the district's regular	41081
school hours with pupils in attendance would impose an extreme	41082
hardship on the district.	41083

(C) The board of education provides assurances that are	41084
satisfactory to the Superintendent of Public Instruction that the	41085
board will act in good faith to meet the required ratio as soon as	41086
possible.	41087

Section 44.29.  PRIVATE TREATMENT FACILITY PILOT PROJECT

41088

(A) As used in this section:

41089

(1) The following are "participating residential treatment	41090
centers":	41091

(a) Private residential treatment facilities that have	41092
entered into a contract with the Department of Youth Services to	41093
provide services to children placed at the facility by the	41094
department and which, in fiscal year 2002 or 2003 or both, the	41095
department pays through appropriation item 470-401, Care and	41096
Custody;	41097

(b) Abraxas, in Shelby;

41098

(c) Paint Creek, in Bainbridge;

41099

(d) Act One, in Akron;

41100

(e) Friars Club, in Cincinnati.

41101

(2) "Education program" means an elementary or secondary	41102
education program or a special education program and related	41103
services.	41104

(3) "Served child" means any child receiving an education	41105
program pursuant to division (B) of this section.	41106

(4) "School district responsible for tuition" means a city,	41107
exempted village, or local school district that, if tuition	41108
payment for a child by a school district is required under law	41109
that existed in fiscal year 1998, is the school district required	41110
to pay that tuition.	41111

(5) "Residential child" means a child who resides in a	41112
participating residential treatment center and who is receiving an	41113
educational program under division (B) of this section.	41114

(B) A youth who is a resident of the state and has been	41115
assigned by a juvenile court or other authorized agency to a	41116
residential treatment facility specified in division (A) of this	41117
section shall be enrolled in an approved educational program	41118
located in or near the facility. Approval of the educational	41119
program shall be contingent upon compliance with the criteria	41120
established for such programs by the Department of Education. The	41121
educational program shall be provided by a school district or	41122
educational service center, or by the residential facility itself.	41123
Maximum flexibility shall be given to the residential treatment	41124
facility to determine the provider. In the event that a voluntary	41125
agreement cannot be reached and the residential facility does not	41126
choose to provide the educational program, the educational service	41127
center in the county in which the facility is located shall	41128
provide the educational program at the treatment center to	41129
children under twenty-two years of age residing in the treatment	41130
center.	41131

(C) Any school district responsible for tuition for a	41132
residential child shall, notwithstanding any conflicting provision	41133
of the Revised Code regarding tuition payment, pay tuition for the	41134
child for fiscal years 2002 and 2003 to the education program	41135
provider and in the amount specified in this division. If there	41136
is no school district responsible for tuition for a residential	41137
child and if the participating residential treatment center to	41138
which the child is assigned is located in the city, exempted	41139
village, or local school district that, if the child were not a	41140
resident of that treatment center, would be the school district	41141
where the child is entitled to attend school under sections	41142
3313.64 and 3313.65 of the Revised Code, that school district	41143
shall, notwithstanding any conflicting provision of the Revised	41144
Code, pay tuition for the child for fiscal years 2002 and 2003	41145
under this division unless that school district is providing the	41146
educational program to the child under division (B) of this	41147
section.	41148

A tuition payment under this division shall be made to the	41149
school district, educational service center, or residential	41150
treatment facility providing the educational program to the child.	41151

The amount of tuition paid shall be:

41152

(1) The amount of tuition determined for the district under	41153
division (A) of section 3317.08 of the Revised Code;	41154

(2) In addition, for any student receiving special education	41155
pursuant to an individualized education program as defined in	41156
section 3323.01 of the Revised Code, a payment for excess costs.	41157
This payment shall equal the actual cost to the school district,	41158
educational service center, or residential treatment facility of	41159
providing special education and related services to the student	41160
pursuant to the student's individualized education program, minus	41161
the tuition paid for the child under division (C)(1) of this	41162
section.	41163

A school district paying tuition under this division shall	41164
not include the child for whom tuition is paid in the district's	41165
average daily membership certified under division (A) of section	41166
3317.03 of the Revised Code.	41167

(D) In each of fiscal years 2002 and 2003, the Department of	41168
Education shall reimburse, from appropriations made for the	41169
purpose, a school district, educational service center, or	41170
residential treatment facility, whichever is providing the	41171
service, that has demonstrated that it is in compliance with the	41172
funding criteria for each served child for whom a school district	41173
must pay tuition under division (C) of this section. The amount	41174
of the reimbursement in either fiscal year shall be the formula	41175
amount specified in section 3317.022 of the Revised Code, except	41176
that the department shall proportionately reduce this	41177
reimbursement if sufficient funds are not available to pay this	41178
amount to all qualified providers.	41179

(E) Funds provided to a school district, educational service	41180
center, or residential treatment facility under this section shall	41181
be used to supplement, not supplant, funds from other public	41182
sources for which the school district, service center, or	41183
residential treatment facility is entitled or eligible.	41184

(F) The Department of Education shall track the utilization	41185
of funds provided to school districts, educational service	41186
centers, and residential treatment facilities under this section	41187
and monitor the effect of the funding on the educational programs	41188
they provide in participating residential treatment facilities.	41189
The department shall monitor the programs for educational	41190
accountability.	41191

Section 44.30.  SCHOOL DISTRICT PARTICIPATION IN NATIONAL	41192
ASSESSMENT OF EDUCATION PROGRESS	41193

The General Assembly intends for the Superintendent of Public	41194
Instruction to provide for school district participation in the	41195
administration of the National Assessment of Education Progress in	41196
fiscal years 2002 and 2003 in accordance with section 3301.27 of	41197
the Revised Code.	41198

Section 44.31.  Notwithstanding Chapter 3318. of the Revised	41199
Code, for purposes of complying with the local share and repayment	41200
tax requirements of section 3318.05 of the Revised Code, any	41201
school district given conditional approval for classroom	41202
facilities assistance under section 3318.04 of the Revised Code as	41203
of January 1, 1993, that approved a replacement permanent	41204
improvement levy at the November 5, 1996, election shall be	41205
permitted to use the proceeds of such levy, and any notes issued	41206
or to be issued in anticipation thereof, as available funds,	41207
within the meaning specified under section 3318.03 of the Revised	41208
Code, to pay the local share of the cost of the approved classroom	41209
facilities project. Notwithstanding the local share as previously	41210
determined for purposes of the conditional approval of the	41211
project, the local share shall be equal to the amount of proceeds	41212
to be obtained by the district under such replacement permanent	41213
improvement levy. Such school districts shall not be required to	41214
obtain approval of either of the propositions described in	41215
division (A) or (B) of section 3318.051 of the Revised Code. The	41216
agreement required under section 3318.08 of the Revised Code for	41217
the construction and sale of the project shall include provisions	41218
for the transfer of the proceeds of the replacement permanent	41219
improvement levy, and any notes issued in anticipation thereof, to	41220
the school district's project construction account, and for the	41221
levy of the replacement permanent improvement levy.	41222

Section 44.32.  The Superintendent of Public Instruction	41223
shall contract with an independent research entity to evaluate the	41224
pilot project approved pursuant to section 3313.975 of the Revised	41225
Code. The evaluation shall study the impact of scholarships on	41226
student attendance, conduct, commitment to education, and	41227
standardized test scores; parental involvement; the school	41228
district's ability to provide services to district students; and	41229
the availability of alternative educational opportunities. The	41230
evaluation shall also study the economic impact of scholarships on	41231
the school district.	41232

Section 44.33.  Notwithstanding division (C)(1) of section	41233
3313.975 of the Revised Code, in addition to students in	41234
kindergarten through third grade, initial scholarships may be	41235
awarded to fourth, fifth, sixth, seventh, and eighth grade	41236
students in fiscal year 2002 and in fiscal year 2003.	41237

Section 44.34.  (A) As used in this section, "pilot project	41238
area" means the school districts included in the territory of the	41239
former community school pilot project established by former	41240
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly.	41241

(B) Any teacher or nonteaching employee of a school district	41242
in the pilot project area who, on the effective date of this	41243
section, is taking a leave of absence from the district pursuant	41244
to a policy adopted under former Section 50.52.13 of that act to	41245
work at a community school established under the pilot project and	41246
located in another school district may continue the leave under	41247
the terms of that policy and former section. Upon termination of	41248
the leave, the district shall return the teacher or nonteaching	41249
employee to a position, salary, and level of seniority as required	41250
by that former section.	41251

Section 44.35. As required by Section 50.52.2 of Am. Sub.	41252
H.B. 215 of the 122nd General Assembly, as subsequently amended,	41253
the Legislative Office of Education Oversight shall complete, by	41254
June 1, 2003, its final report on community schools with	41255
recommendations as to the future of community schools in Ohio.	41256
Copies of the report shall be delivered to the President of the	41257
Senate and the Speaker of the House of Representatives.	41258

Section 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	41259

NETWORK COMMISSION

41260

General Revenue Fund

41261

General Services Fund Group

41268

STATEHOUSE NEWS BUREAU

41273

The foregoing appropriation item 374-401, Statehouse News	41274
Bureau, shall be used solely to support the operations of the Ohio	41275
Statehouse News Bureau.	41276

TELECOMMUNICATIONS OPERATING SUBSIDY

41277

The foregoing appropriation item 374-404, Telecommunications	41278
Operating Subsidy, shall be distributed by the Ohio Educational	41279
Telecommunications Network Commission to Ohio's qualified public	41280
educational television stations, radio reading services, and	41281
educational radio stations to support their operations. The funds	41282
shall be distributed pursuant to an allocation developed by the	41283
Ohio Educational Telecommunications Network Commission.	41284

Section 46.  ELC OHIO ELECTIONS COMMISSION	41285

General Revenue Fund

41286

State Special Revenue Fund Group

41289

Section 47.  FUN STATE BOARD OF EMBALMERS AND FUNERAL	41296

DIRECTORS

41297

General Services Fund Group

41298

Section 48.  ERB STATE EMPLOYMENT RELATIONS BOARD	41304

General Revenue Fund

41305

General Services Fund Group

41308

Section 49.  ENG STATE BOARD OF ENGINEERS AND SURVEYORS	41314

General Services Fund Group

41315

Section 50.  EPA ENVIRONMENTAL PROTECTION AGENCY	41320

General Revenue Fund

41321

General Services Fund Group

41332

Federal Special Revenue Fund Group

41338

State Special Revenue Fund Group

41358

Section 50.01. AREAWIDE PLANNING AGENCIES

41391

Of the foregoing appropriation item 717-321, Surface Water,	41392
$250,000 in fiscal year 2002 and $250,000 in fiscal year 2003	41393
shall be divided evenly between the following six areawide	41394
planning agencies for the purpose of regional water management	41395
planning: Eastgate Regional Council of Governments, Miami Valley	41396
Regional Planning Commission, Northeast Ohio Four County Regional	41397
Planning and Development Organization, Northeast Ohio Areawide	41398
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of	41399
Governments, and Toledo Metropolitan Area Council of Governments.	41400

BETHEL LOCAL SCHOOL DISTRICT

41401

Of the foregoing appropriation item 721-321, Drinking Water,	41402
$65,000 in fiscal year 2002 and $65,000 in fiscal year 2003 shall	41403
be used for the Bethel Local School District in Miami County. The	41404
moneys shall be used to purchase water for the school and four	41405
adjacent households, for expenses incurred by Bethel Local School	41406
District for well-monitoring activities and water-system	41407
conversions, and for expenses incurred by the Ohio Environmental	41408
Protection Agency as the Agency continues to monitor activities	41409
associated with the Bethel Local School District water supply.	41410

CENTRAL SUPPORT INDIRECT	41411

Notwithstanding any other provision of law to the contrary,	41412
the Director of Environmental Protection, with the approval of the	41413
Director of Budget and Management, shall utilize a methodology for	41414
determining each division's payments into the Central Support	41415
Indirect Fund (Fund 219). The methodology used shall contain the	41416
characteristics of administrative ease and uniform application.	41417
Payments to the Central Support Indirect Fund (Fund 219) shall be	41418
made using an intrastate transfer voucher.	41419

Not later than November 30, 2001, the Director of	41420
Environmental Protection shall certify to the Director of Budget	41421
and Management the cash balances in Fund 356, Indirect Costs, and	41422
Fund 4C3, Central Support Indirect, and may request the Director	41423
of Budget and Management to transfer up to the certified amounts	41424
into Fund 219, Central Support Indirect. The amount transferred	41425
is hereby appropriated.	41426

SOLID WASTE FUND TRANSFER

41427

Not later than March 1, 2002, the Director of Environmental	41428
Protection shall certify to the Director of Budget and Management	41429
the amount expended from Fund 4K3, Solid Waste, during fiscal	41430
years 2000 and 2001 for emergency expenses incurred as a result of	41431
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	41432
the Director of Environmental Protection shall request the	41433
Director of Budget and Management to transfer up to one-half of	41434
the certified amount during fiscal year 2002 and the balance of	41435
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	41436
Tire Management, to Fund 4K3, Solid Waste. The amounts	41437
transferred are hereby appropriated.	41438

Moneys transferred from Fund 4R5, Scrap Tire Management, to	41439
Fund 4K3, Solid Waste, shall not consist of any moneys generated	41440
under division (A)(2) of section 3734.901 of the Revised Code as	41441
amended by this act.	41442

KIRBY TIRE SITE

41443

Of the moneys collected under division (A)(2) of section	41444
3734.901 of the Revised Code as amended by this act and deposited	41445
into the Scrap Tire Management Fund, at least eighty per cent	41446
shall be expended for cleanup and removal activities at the Kirby	41447
Tire site in Wyandot County during fiscal years 2002 and 2003.	41448

Section 50.02. There is hereby created the E-Check New Car	41449
Exemption Working Group consisting of a representative of the	41450
Governor's office appointed by the Governor, the Director of	41451
Environmental Protection or the Director's designee, a member of	41452
the House of Representatives appointed by the Speaker of the House	41453
of Representatives, and a member of the Senate appointed by the	41454
President of the Senate. The member from the House of	41455
Representatives and the member from the Senate shall be from	41456
different political parties. Appointments shall be made not later	41457
than five days after the effective date of this section. The	41458
Working Group shall begin meeting not later then two weeks after	41459
the effective date of this section.	41460

The Working Group shall enter into communications with the	41461
contractor hired under section 3704.14 of the Revised Code to	41462
conduct emissions inspections under the motor vehicle inspection	41463
and maintenance program in order to determine all implementing	41464
costs and contract-related costs associated with expanding the	41465
current new car exemption under that program from two years to	41466
five years through a three-year phase-in process. The Working	41467
Group shall issue a report of its findings to the Speaker of the	41468
House of Representatives and the President of the Senate not later	41469
than four weeks after the effective date of this section. Upon	41470
submittal of its report, the Working Group shall cease to exist.	41471

Section 51.  EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION	41472

General Revenue Fund

41473

Section 52.  ETH OHIO ETHICS COMMISSION	41478

General Revenue Fund

41479

General Services Fund Group

41482

FEE REVENUE TRANSFER

41487

If the fee revenue that is raised and deposited into Fund 4M6	41488
146-601, Operating Expenses, exceeds the amount appropriated each	41489
fiscal year, the extra fee revenue shall be hereby appropriated	41490
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce	41491
the GRF appropriation item 146-321, Operating Expenses, in an	41492
amount equal to the amount of the extra fee revenue generated each	41493
fiscal year.	41494

Section 53.  EXP OHIO EXPOSITIONS COMMISSION	41495

General Revenue Fund

41496

State Special Revenue Fund Group

41499

STATE FAIR RESERVE

41506

The foregoing appropriation item 723-603, State Fair Reserve,	41507
shall serve as a budget reserve fund for the Ohio Expositions	41508
Commission in the event of a significant decline in attendance due	41509
to inclement weather or extraordinary circumstances during the	41510
Ohio State Fair and resulting in a loss of revenue. The State	41511
Fair Reserve may be used by the Ohio Expositions Commission to pay	41512
bills resulting from the Ohio State Fair only if all the following	41513
criteria are met:	41514

(A) Admission revenues for the 2001 Ohio State Fair are less	41515
than $2,920,000 or admission revenues for the 2002 Ohio State Fair	41516
are less than $3,010,000 due to inclement weather or extraordinary	41517
circumstances. These amounts are ninety per cent of the projected	41518
admission revenues for each year.	41519

(B) The Ohio Expositions Commission declares a state of	41520
fiscal exigency and requests release of funds by the Director of	41521
Budget and Management.	41522

(C) The Director of Budget and Management releases the	41523
funds. The Director of Budget and Management may approve or	41524
disapprove the request for release of funds, may increase or	41525
decrease the amount of release, and may place such conditions as	41526
the director deems necessary on the use of the released funds. The	41527
Director of Budget and Management may transfer appropriation	41528
authority from fiscal year 2002 to fiscal year 2003 as needed.	41529

In the event that the Ohio Expositions Commission faces a	41530
temporary cash shortage that will preclude them from meeting	41531
current obligations, the Commission may request the Director of	41532
Budget and Management to approve use of the State Fair Reserve to	41533
meet those obligations. The request shall include a plan	41534
describing how the Commission will eliminate the cash shortage. If	41535
the Director of Budget and Management approves the expenditures,	41536
the Commission shall reimburse Fund 640 by the thirtieth day of	41537
June of that same fiscal year through an intrastate transfer	41538
voucher. The amount reimbursed is appropriated.	41539

Section 54.  GOV OFFICE OF THE GOVERNOR	41540

General Revenue Fund

41541

General Services Fund Group

41546

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

41551

The Governor may expend a portion of the foregoing	41552
appropriation item 040-321, Operating Expenses, to hire or appoint	41553
legal counsel to be used in proceedings involving the Governor in	41554
the Governor's official capacity or the Governor's office only,	41555
without the approval of the Attorney General, notwithstanding	41556
sections 109.02 and 109.07 of the Revised Code.	41557

Section 55.  DOH DEPARTMENT OF HEALTH

41558

General Revenue Fund

41559

General Services Fund Group

41581

Federal Special Revenue Fund Group

41590

State Special Revenue Fund Group

41598

Holding Account Redistribution Fund Group

41618

Section 55.01. HEMOPHILIA SERVICES

41625

Of the foregoing appropriation item 440-406, Hemophilia	41626
Services, $205,000 in each fiscal year shall be used to implement	41627
the Hemophilia Insurance Pilot Project.	41628

Of the foregoing appropriation item 440-406, Hemophilia	41629
Services, up to $245,000 in each fiscal year shall be used by the	41630
Department of Health to provide grants to the nine hemophilia	41631
treatment centers to provide prevention services for persons with	41632
hemophilia and their family members affected by AIDS and other	41633
bloodborne pathogens.	41634

CANCER REGISTRY SYSTEM

41635

Of the foregoing appropriation item 440-412, Cancer Incidence	41636
Surveillance System, $50,000 in each fiscal year shall be provided	41637
to the Northern Ohio Cancer Resource Center.	41638

The remaining moneys in appropriation item 440-412, Cancer	41639
Incidence Surveillance System, shall be used to maintain and	41640
operate the Ohio Cancer Incidence Surveillance System pursuant to	41641
sections 3701.261 to 3701.263 of the Revised Code.	41642

No later than March 1, 2002, the Ohio Cancer Incidence	41643
Surveillance Advisory Board shall report to the General Assembly	41644
on the effectiveness of the cancer incidence surveillance system	41645
and the partnership between the Department of Health and the	41646
Arthur G. James Cancer Hospital and Richard J. Solove Research	41647
Institute of The Ohio State University.	41648

CHILD AND FAMILY HEALTH SERVICES

41649

Of the foregoing appropriation item 440-416, Child and Family	41650
Health Services, $1,700,000 in each fiscal year shall be used for	41651
family planning services. None of the funds received through	41652
these family planning grants shall be used to provide abortion	41653
services. None of the funds received through these family	41654
planning grants shall be used for counseling for or referrals for	41655
abortion, except in the case of a medical emergency. These funds	41656
shall be distributed on the basis of the relative need in the	41657
community served by the Director of Health to family planning	41658
programs, which shall include family planning programs funded	41659
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	41660
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	41661
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	41662
as well as to other family planning programs that the Department	41663
of Health also determines will provide services that are	41664
physically and financially separate from abortion-providing and	41665
abortion-promoting activities, and that do not include counseling	41666
for or referrals for abortion, other than in the case of medical	41667
emergency, with state moneys, but that otherwise substantially	41668
comply with the quality standards for such programs under Title V	41669
and Title X.	41670

The Director of Health, by rule, shall provide reasonable	41671
methods by which a grantee wishing to be eligible for federal	41672
funding may comply with these requirements for state funding	41673
without losing its eligibility for federal funding, while ensuring	41674
that a family planning program receiving a family planning grant	41675
must be organized so that it is physically and financially	41676
separate from the provision of abortion services and from	41677
activities promoting abortion as a method of family planning.	41678

Of the foregoing appropriation item 440-416, Child and Family	41679
Health Services, $150,000 in each fiscal year shall be used to	41680
provide malpractice insurance for physicians and other health	41681
professionals providing prenatal services in programs funded by	41682
the Department of Health.	41683

Of the foregoing appropriation item 440-416, Child and Family	41684
Health Services, $279,000 shall be used in each fiscal year for	41685
the OPTIONS dental care access program.	41686

Of the foregoing appropriation item 440-416, Child and Family	41687
Health Services, $600,000 in each fiscal year shall be used by	41688
local child and family health services clinics to provide services	41689
to uninsured low-income persons.	41690

Of the foregoing appropriation item 440-416, Child and Family	41691
Health Services, $900,000 in each fiscal year shall be used by	41692
federally qualified health centers and federally designated	41693
look-alikes to provide services to uninsured low-income persons.	41694

IMMUNIZATIONS

41695

Of the foregoing appropriation item 440-418, Immunizations,	41696
$125,000 per fiscal year shall be used to provide vaccinations for	41697
Hepatitis B to all qualified underinsured students in the seventh	41698
grade who have not been previously immunized.	41699

Of the foregoing appropriation item 440-418, Immunizations,	41700
$150,000 in each fiscal year shall be used to provide vaccinations	41701
for pneumococcal disease for children between the ages of two and	41702
five.	41703

HIV/AIDS PREVENTION/TREATMENT

41704

Of the foregoing appropriation item 440-444, AIDS Prevention	41705
and Treatment, $6.97 million in fiscal year 2002 and $7.4 million	41706
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	41707
in acquiring HIV-related medications.	41708

The HIV Drug Assistance Program is pursuant to section	41709
3701.241 of the Revised Code and Title XXVI of the "Public Health	41710
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	41711
The Department of Health may adopt rules pursuant to Chapter 119.	41712
of the Revised Code as necessary for the administration of the	41713
program.	41714

INFECTIOUS DISEASE PREVENTION

41715

Notwithstanding section 339.77 of the Revised Code, $60,000	41716
of the foregoing appropriation item 440-446, Infectious Disease	41717
Prevention, shall be used by the Director of Health to reimburse	41718
Boards of County Commissioners for the cost of detaining indigent	41719
persons with tuberculosis. Any portion of the $60,000 allocated	41720
for detainment not used for that purpose shall be used to make	41721
payments to counties pursuant to section 339.77 of the Revised	41722
Code.	41723

Of the foregoing appropriation item 440-446, Infectious	41724
Disease Prevention, $200,000 in each fiscal year shall be used for	41725
the purchase of drugs for sexually transmitted diseases.	41726

HELP ME GROW

41727

The foregoing appropriation item 440-459, Help Me Grow, shall	41728
be used by the Department of Health to distribute subsidies to	41729
counties to implement section 3701.61 of the Revised Code.	41735
Appropriation item 440-459 may be used in	41736
conjunction with Temporary Assistance for Needy Families from the	41737
Department of Job and Family Services, Even Start from the	41738
Department of Education, and in conjunction with other early	41739
childhood funds and services to promote the optimal development of	41740
young children. Local contacts shall be developed between local	41741
departments of job and family services and family and children	41742
first councils for the administration of TANF funding for the Help	41743
Me Grow Program. The Department of Health shall enter into an	41744
interagency agreement with the Department of Education to	41745
coordinate the planning, design, and grant selection process for	41746
any new Even Start grants and to ensure that all new and existing	41747
programs within Help Me grow are school linked.	41748

POISON CONTROL NETWORK

41749

The foregoing appropriation item 440-504, Poison Control	41750
Network, shall be used in each fiscal year by the Department of	41751
Health for grants to the consolidated Ohio Poison Control Center	41752
to provide poison control services to Ohio citizens.	41753

TANF FAMILY PLANNING

41754

The Director of Budget and Management shall transfer by	41755
intrastate transfer voucher, no later than the fifteenth day of	41756
July of each fiscal year, cash from the General Revenue Fund,	41757
appropriation item 600-410, TANF State, to General Services Fund	41758
5C1 in the Department of Health, in an amount of $250,000 in each	41759
fiscal year for the purpose of family planning services for	41760
children or their families whose income is at or below 200 per	41761
cent of the official poverty guideline.	41762

As used in this section, "poverty guideline" means the	41763
official poverty guideline as revised annually by the United	41764
States Secretary of Health and Human Services in accordance with	41765
section 673 of the "Community Services Block Grant Act," 95 Stat.	41766
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	41767
to the size of the family of the person whose income is being	41768
determined.	41769

MATERNAL CHILD HEALTH BLOCK GRANT

41770

Of the foregoing appropriation item 440-601, Maternal Child	41771
Health Block Grant (Fund 320), $2,091,299 shall be used in each	41772
fiscal year for the purposes of abstinence-only education. The	41773
Director of Health shall develop guidelines for the establishment	41774
of abstinence programs for teenagers with the purpose of	41775
decreasing unplanned pregnancies and abortion. Such guidelines	41776
shall be pursuant to Title V of the "Social Security Act," 42	41777
U.S.C.A. 510, and shall include, but are not limited to,	41778
advertising campaigns and direct training in schools and other	41779
locations.	41780

A portion of the foregoing appropriation item 440-601,	41781
Maternal Child Health Block Grant (Fund 320), may be used to	41782
ensure that current information on sudden infant death syndrome is	41783
available for distribution by local health districts.	41784

TITLE XX TRANSFER

41785

Of the foregoing appropriation item 440-611, Title XX	41786
Transfer (Fund 3W5), $500,000 in each fiscal year shall be used	41787
for the purposes of abstinence-only education. The Director of	41788
Health shall develop guidelines for the establishment of	41789
abstinence programs for teenagers with the purpose of decreasing	41790
unplanned pregnancies and abortion. The guidelines shall be	41791
developed pursuant to Title V of the "Social Security Act," 42	41792
U.S.C. 510, and shall include, but are not to be limited to,	41793
advertising campaigns and direct training in schools and other	41794
locations.	41795

GENETICS SERVICES

41796

The foregoing appropriation item 440-608, Genetics Services	41797
(Fund 4D6), shall be used by the Department of Health to	41798
administer programs authorized by sections 3701.501 and 3701.502	41799
of the Revised Code.	41800

SICKLE CELL FUND

41801

The foregoing appropriation item 440-610, Sickle Cell Disease	41802
Control (Fund 4F9), shall be used by the Department of Health to	41803
administer programs authorized by section 3701.131 of the Revised	41804
Code. The source of the funds is as specified in section 3701.23	41805
of the Revised Code.	41806

SAFETY AND QUALITY OF CARE STANDARDS

41807

The Department of Health may use Fund 471, Certificate of	41808
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	41809
the Revised Code in each fiscal year.	41810

MEDICALLY HANDICAPPED CHILDREN AUDIT

41811

The Medically Handicapped Children Audit Fund (Fund 477)	41812
shall receive revenue from audits of hospitals and recoveries from	41813
third-party payors. Moneys may be expended for payment of audit	41814
settlements and for costs directly related to obtaining recoveries	41815
from third-party payors and for encouraging Medically Handicapped	41816
Children's Program recipients to apply for third-party benefits.	41817
Moneys also may be expended for payments for diagnostic and	41818
treatment services on behalf of medically handicapped children, as	41819
defined in division (A) of section 3701.022 of the Revised Code,	41820
and Ohio residents who are twenty-one or more years of age and who	41821
are suffering from cystic fibrosis. Moneys may also be expended	41822
for administrative expenses incurred in operating the Medically	41823
Handicapped Children's Program.	41824

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	41825
PERMIT FUND	41826

The Director of Budget and Management, pursuant to a plan	41827
submitted by the Department of Health, or as otherwise determined	41828
by the Director of Budget and Management, shall set a schedule to	41829
transfer cash from the Liquor Control Fund (Fund 043) to the	41830
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	41831
needs of the Alcohol Testing and Permit program.	41832

The Director of Budget and Management shall transfer to the	41833
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	41834
Fund (Fund 043) established in section 4301.12 of the Revised Code	41835
such amounts at such times as determined by the transfer schedule.	41836

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

41837

The foregoing appropriation item 440-607, Medically	41838
Handicapped Children - County Assessments (Fund 666), shall be	41839
used to make payments pursuant to division (E) of section 3701.023	41840
of the Revised Code.	41841

Section 55.02. (A) There is hereby created the Health Care	41842
Workforce Shortage Task Force to study the shortage of health care	41843
professionals and health care workers in the health care workforce	41844
and to propose a state plan to address the problem. For the	41845
purposes of the Task Force, "health care professional" and "health	41846
care worker" have the same meanings as in section 2305.234 of the	41847
Revised Code.	41848

(B) The Director of Health shall serve as chair of the	41849
Health Care Workforce Shortage Task Force. The Task Force shall	41850
consist of not more than seventeen members, who shall serve	41851
without compensation. One member of the Senate, appointed by the	41852
President of the Senate, and one member of the House of	41853
Representatives, appointed by the Speaker of the House of	41854
Representatives, shall serve on the Task Force. The member from	41855
the House of Representatives and the member from the Senate shall	41856
be from different political parties. The Director of Health shall	41857
appoint health care professionals and health care workers	41858
representing each of the following organizations:	41859

(1) Ohio Hospital Association;

41860

(2) Ohio Association of Children's Hospitals;

41861

(3) Ohio Council for Home Care;

41862

(4) Ohio Health Care Association;

41863

(5) Ohio Hospice and Palliative Care Organization;

41864

(6) Ohio Association of Philanthropic Homes;

41865

(7) Ohio Commission on Minority Health;

41866

(8) Ohio Nurses Association;

41867

(9) Ohio Pharmacists Association;

41868

(10) Ohio State Medical Association;

41869

(11) Families for Improved Care;

41870

(12) Ohio Association of Health Care Quality.

41871

(C) The Department of Health shall provide the Task Force	41872
with office space, staff, supplies, services, and other support as	41873
needed.	41874

(D) The Task Force shall do all of the following:

41875

(1) Review the licensing standards for all health care	41876
professionals;	41877

(2) Identify strategies to increase recruitment, retention,	41878
and development of qualified health care professionals and health	41879
care workers in health care settings;	41880

(3) Develop recommendations for improving scopes of practice	41881
to remove unnecessary barriers to high quality provision of health	41882
care;	41883

(4) Develop possible demonstration projects to present	41884
technology's potential to increase the efficiency of health care	41885
personnel;	41886

(5) Recommend education strategies to meet health care	41887
workforce needs.	41888

(E) The Task Force shall submit a report of its findings and	41889
recommendations to the Speaker and Minority Leader of the House of	41890
Representatives and to the President and Minority Leader of the	41891
Senate not later than July 1, 2002. On submission of the report,	41892
the Task Force shall cease to exist.	41893

Section 56.  HEF HIGHER EDUCATIONAL FACILITY COMMISSION	41894

Agency Fund Group

41895

Section 57.  SPA COMMISSION ON HISPANIC/LATINO AFFAIRS	41900

General Revenue Fund

41901

General Services Fund Group

41906

COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW

41911

No later than December 31, 2001, the Commission on	41912
Hispanic/Latino Affairs shall submit to the chairperson and	41913
ranking minority member of the Human Services Subcommittee of the	41914
Finance and Appropriations Committee of the House of	41915
Representatives a report that demonstrates the progress that has	41916
been made toward meeting the Commission's mission statement.	41917

Section 58.  OHS OHIO HISTORICAL SOCIETY

41918

General Revenue Fund

41919

SUBSIDY APPROPRIATION

41929

Upon approval by the Director of Budget and Management, the	41930
foregoing appropriation items shall be released to the Ohio	41931
Historical Society in quarterly amounts that in total do not	41932
exceed the annual appropriations. The funds and fiscal records of	41933
the society for fiscal years 2002 and 2003 shall be examined by	41934
independent certified public accountants approved by the Auditor	41935
of State, and a copy of the audited financial statements shall be	41936
filed with the Office of Budget and Management. The society shall	41937
prepare and submit to the Office of Budget and Management the	41938
following:	41939

(A) An estimated operating budget for each fiscal year of	41940
the biennium. The operating budget shall be submitted at or near	41941
the beginning of each year.	41942

(B) Financial reports, indicating actual receipts and	41943
expenditures for the fiscal year to date. These reports shall be	41944
filed at least semiannually during the fiscal biennium.	41945

The foregoing appropriations shall be considered to be the	41946
contractual consideration provided by the state to support the	41947
state's offer to contract with the Ohio Historical Society under	41948
section 149.30 of the Revised Code.	41949

OPERATING SUBSIDY

41950

The Director of Budget and Management shall not release the	41951
second quarterly payment for FY 2002 of the foregoing	41952
appropriation item GRF 360-501, Operating Subsidy, to the Ohio	41953
Historical Society until the release of these moneys is approved	41954
by the Controlling Board. The Controlling Board shall not approve	41955
such release until the Ohio Historical Society submits a plan to	41956
the Controlling Board containing a detailed budget with current	41957
and projected costs of operating each state memorial by category,	41958
the sources and amounts of non-state income used at each site, and	41959
the Ohio Historical Society's management plan for each site during	41960
the biennium. The Controlling Board shall consult with the Ohio	41961
Historic Preservation Advisory Board and determine the Ohio	41962
Historical Society's submitted plan to adequately meet the state's	41963
goal of historic preservation prior to the approval of the release	41964
of moneys from GRF 360-501, Operating Subsidy, to the Ohio	41965
Historical Society.	41966

SITE OPERATIONS

41967

Of the foregoing appropriation item 360-502, Site Operations,	41968
no money shall be used for the operation of the Ohio Historical	41969
Center.	41970

Of the foregoing appropriation item 360-502, Site Operations,	41971
no more than 3 per cent shall be used for expenses not directly	41972
allocated to an individual state memorial.	41973

HAYES PRESIDENTIAL CENTER

41974

If a United States government agency, including, but not	41975
limited to, the National Park Service, chooses to take over the	41976
operations or maintenance of the Hayes Presidential Center, in	41977
whole or in part, the Ohio Historical Society shall make	41978
arrangements with the National Park Service or other United States	41979
government agency for the efficient transfer of operations or	41980
maintenance.	41981

HISTORICAL GRANTS	41982

Of the foregoing appropriation item 360-508, Historical	41983
Grants, $50,000 in each fiscal year shall be distributed to the	41984
Hebrew Union College in Cincinnati for the Holocaust Education	41985
Project.	41986

Section 59.  REP OHIO HOUSE OF REPRESENTATIVES	41987

General Revenue Fund

41988

General Services Fund Group

41991

Section 60.  IGO OFFICE OF THE INSPECTOR GENERAL	41998

General Revenue Fund

41999

State Special Revenue Fund Group

42002

Of the foregoing appropriation item 965-602, Special	42006
Investigations, up to $100,000 in each fiscal year may be used for	42007
investigative costs, pursuant to section 121.481 of the Revised	42008
Code.	42009

Section 61.  INS DEPARTMENT OF INSURANCE	42010

Federal Special Revenue Fund Group

42011

State Special Revenue Fund Group

42015

MARKET CONDUCT EXAMINATION

42022

When conducting a market conduct examination of any insurer	42023
doing business in this state, the Superintendent of Insurance may	42024
assess the costs of the examination against the insurer. The	42025
superintendent may enter into consent agreements to impose	42026
administrative assessments or fines for conduct discovered that	42027
may be violations of statutes or regulations administered by the	42028
superintendent. All costs, assessments, or fines collected shall	42029
be deposited to the credit of the Department of Insurance	42030
Operating Fund (Fund 554).	42031

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

42032

The Superintendent of Insurance may transfer funds from the	42033
Department of Insurance Operating Fund (Fund 554), established by	42034
section 3901.021 of the Revised Code, to the Superintendent's	42035
Examination Fund (Fund 555), established by section 3901.071 of	42036
the Revised Code, only for the expenses incurred in examining	42037
domestic fraternal benefit societies as required by section	42038
3921.28 of the Revised Code.	42039

Section 62. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

42040

General Revenue Fund

42041

General Services Fund Group

42091

Federal Special Revenue Fund Group

42099

State Special Revenue Fund Group

42126

Agency Fund Group

42150

Holding Account Redistribution Fund Group

42155

Section 62.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL	42162
ASSEMBLY	42163

In addition to other reporting requirements established in	42164
the Revised Code, the Department of Job and Family Services shall,	42165
not later than June 30, 2002, at the request of the Finance and	42166
Appropriations Committee of the House of Representatives, report	42167
to the General Assembly on the department's performance in	42168
carrying out its mission and include in the report at least the	42169
following: the long-term planning and vision for the various	42170
elements of the Department of Job and Family Services, and an	42171
analysis of the fund balances and cash flow in the department's	42172
budget.	42173

Section 62.02. ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

42174

Each fiscal year, the Director of Budget and Management shall	42175
transfer $3,500,000 in appropriation authority from appropriation	42176
item 600-410, TANF State, to State Special Revenue Fund 5B7	42177
appropriation item 038-629, TANF Transfer-Treatment, and	42178
$1,500,000 in appropriation authority from appropriation item	42179
600-410, TANF State, to State Special Revenue Fund 5E8	42180
appropriation item 038-630, TANF Transfer-Mentoring, in the	42181
Department of Alcohol and Drug Addiction Services. The	42182
Department of Alcohol and Drug Addiction Services shall comply	42183
with all TANF reporting requirements and timelines specified by	42184
the Department of Job and Family Services.	42185

Section 62.03. DISABILITY ASSISTANCE

42186

The following schedule shall be used to determine monthly	42187
grant levels in the Disability Assistance Program effective July	42188
1, 2001.	42189

Section 62.04. ADULT EMERGENCY ASSISTANCE PROGRAM

42207

Appropriations in appropriation item 600-512, Non-TANF	42208
Emergency Assistance, in each fiscal year shall be used for the	42209
Adult Emergency Assistance Program established under section	42210
5101.86 of the Revised Code.	42211

Section 62.05. HEALTH CARE/MEDICAID	42212

The foregoing appropriation item 600-525, Health	42213
Care/Medicaid, shall not be limited by the provisions of section	42214
131.33 of the Revised Code.	42215

BREAST AND CERVICAL CANCER TREATMENT PROGRAM

42216

Of the foregoing appropriation item 600-525, Health	42217
Care/Medicaid, $450,000 in state share and $1,119,038 in federal	42218
share in fiscal year 2002, and $450,000 in state share and	42219
$1,119,038 in federal share in fiscal year 2003, shall be used to	42220
fund medical assistance provided under the Medicaid Program	42221
pursuant to section 5111.0110 of the Revised Code.	42222

Section 62.06. CHILD SUPPORT COLLECTIONS/TANF MOE

42223

The foregoing appropriation item 600-658, Child Support	42224
Collections, shall be used by the Department of Job and Family	42225
Services to meet the TANF maintenance of effort requirements of	42226
Pub. L. No. 104-193. After the state has met the maintenance of	42227
effort requirement, the Department of Job and Family Services may	42228
use funds from appropriation item 600-658 to support public	42229
assistance activities.	42230

Section 62.07. MEDICAID PROGRAM SUPPORT FUND - STATE

42231

The foregoing appropriation item 600-671, Medicaid Program	42232
Support, shall be used by the Department of Job and Family	42233
Services to pay for Medicaid services and contracts.	42234

Section 62.08.  HOSPITAL CARE ASSURANCE MATCH FUND

42235

Appropriation item 600-650, Hospital Care Assurance Match,	42236
shall be used by the Department of Job and Family Services in	42237
accordance with division (B) of section 5112.18 of the Revised	42238
Code.	42239

Section 62.09. TANF

42240

TANF COUNTY INCENTIVES

42241

Of the foregoing appropriation item 600-689, TANF Block	42242
Grant, the Department of Job and Family Services may provide	42243
financial incentives to those county departments of job and family	42244
services that have exceeded performance standards adopted by the	42245
state department, and where the board of county commissioners has	42246
entered into a written agreement with the state department under	42247
section 5101.21 of the Revised Code governing the administration	42248
of the county department. Any financial incentive funds provided	42249
pursuant to this division shall be used by the county department	42250
for additional or enhanced services for families eligible for	42251
assistance under Chapter 5107. or benefits and services under	42252
Chapter 5108. of the Revised Code or, on request by the county and	42253
approval by the Department of Job and Family Services, be	42254
transferred to the Child Care and Development Fund or the Social	42255
Services Block Grant. The county departments of job and family	42256
services may retain and expend such funds without regard to the	42257
state or county fiscal year in which the financial incentives were	42258
earned or paid. Each county department of job and family services	42259
shall file an annual report with the Department of Job and Family	42260
Services providing detailed information on the expenditure of	42261
these financial incentives and an evaluation of the effectiveness	42262
of the county department's use of these funds in achieving	42263
self-sufficiency for families eligible for assistance under	42264
Chapter 5107. or benefits and services under Chapter 5108. of the	42265
Revised Code.	42266

TANF FATHERHOOD PROGRAMS

42267

From the foregoing appropriation item 600-689, TANF Block	42268
Grant, up to $5,000,000 in each fiscal year shall be used to	42269
support local fatherhood programs. Of the foregoing $5,000,000,	42270
$300,000 in each fiscal year shall be used to operate a Fatherhood	42271
Commission. Of the foregoing $5,000,000, $310,000 in each fiscal	42272
year shall be provided to the Cuyahoga County Department of Job	42273
and Family Services to contract with the Center for Families and	42274
Children for the purpose of providing allowable services to	42275
TANF-eligible individuals. The Cuyahoga County Department of Job	42276
and Family Services and the Center for Families and Children shall	42277
agree on reporting requirements to be incorporated into the	42278
contract. Of the foregoing $5,000,000, up to $500,000 in each	42279
fiscal year shall be used by the Department of Job and Family	42280
Services to support expenditures and grants of the Ohio Alliance	42281
of Boys and Girls Clubs to provide allowable services to	42282
TANF-eligible individuals. The Department of Job and Family	42283
Services and the Ohio Alliance of Boys and Girls Clubs shall agree	42284
on reporting requirements to be incorporated into the grant	42285
agreement.	42286

TANF EDUCATION

42287

Not later than July 15, 2002, the Director of Budget and	42288
Management shall transfer $35,000,000 in appropriation authority	42289
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to	42290
Fund 3W6, TANF Education, in the Department of Education, which is	42291
created in the State Treasury. The transferred funds shall be	42292
used for the purpose of providing allowable services to	42293
TANF-eligible individuals.	42294

Not later than July 15, 2001, the Director of Budget and	42295
Management shall transfer $76,156,175 from Fund 3V6, TANF Block	42296
Grant, to Fund 3W6, TANF Education, in the Department of	42297
Education. Not later than July 15, 2002, the Director of Budget	42298
and Management shall transfer $98,843,825 from Fund 3V6, TANF	42299
Block Grant, to Fund 3W6, TANF Education, in the Department of	42300
Education. The transferred funds shall be used for the purpose of	42301
providing allowable services to TANF-eligible individuals. The	42302
Department of Education shall comply with all TANF requirements,	42303
including reporting requirements and timelines, as specified in	42304
state and federal laws, federal regulations, state rules, and the	42305
Title IV-A state plan, and is responsible for payment of any	42306
adverse audit finding, final disallowance of federal financial	42307
participation, or other sanction or penalty issued by the federal	42308
government or other entity concerning these funds.	42309

TANF ADULT LITERACY AND CHILD READING PROGRAMS

42310

From the foregoing appropriation item 600-689, TANF Block	42311
Grant, up to $5,000,000 in each fiscal year shall be used to	42312
support local adult literacy and child reading programs.	42313

TALBERT HOUSE

42314

In each fiscal year, the Director of Job and Family Services	42315
shall provide $100,500 from appropriation item 600-689, TANF Block	42316
Grant, to the Hamiliton County Department of Job and Family	42317
Services to contract with the Talbert House for the purpose of	42318
providing allowable servcies to TANF-eligible individuals. The	42319
Hamilton County Department of Job and Family Services and the	42320
Talbert House shall agree on reporting requirements that meet all	42321
TANF reporting requirements and timelines specified by the	42322
Department of Job and Family Services to be incorporated into the	42323
contract.	42324

APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING

42325

From the foregoing appropriation item 600-689, TANF Block	42326
Grant, the Director of Job and Family Services shall provide up	42327
to $15,000,000 in each fiscal year to be awarded to the county	42328
departments of job and family services in the twenty-nine	42329
Appalachian counties, contingent upon passage of H.B. 6 of the	42330
124th General Assembly. These funds shall be used by the county	42331
department of job and family services, in coordination with the	42332
Governor's Office of Appalachia, the Governor's Regional Economic	42333
Office, and local development districts. These funds shall be	42334
used for the following activities: workforce development and	42335
supportive services; economic development; technology expansion,	42336
technical assistance, and training; youth job training;	42337
organizational development for workforce development partners; and	42338
improving existing technology centers, workforce development, job	42339
creation and retention, purchasing technology, and technology and	42340
technology infrastructure upgrades.	42341

As a condition on the use of these funds, each county	42342
department of job and family services shall submit a plan for the	42343
intended use of these funds to the Department of Job and Family	42344
Services. The plan shall also be reviewed by the Governor's	42345
Office of Appalachia, the Governor's Regional Economic Office, and	42346
local development districts. Also as a condition on the use of	42347
these funds, each county and contract agency shall acknowledge	42348
that these funds are a one-time allocation, not intended to fund	42349
services beyond September 30, 2002.	42350

In fiscal year 2002, the TANF Allocation to each of the	42351
Appalachian counties shall not be less than the TANF allocation	42352
amount for fiscal year 2001, as allocated according to the	42353
methodology set forth in paragraph (I) of rule 5101-6-03 of the	42354
Administrative Code.	42355

In fiscal year 2003, the Department of Job and Family	42356
Services shall provided from appropriation item 600-689, TANF	42357
Block Grant, up to $1,000,000 additional funding for special	42358
projects on the recommendation of the Governor's Office of	42359
Appalachia.	42360

The use of these funds shall comply with all TANF	42361
requirements, including reporting requirements and timelines, as	42362
specified in state and federal laws, federal regulations, state	42363
rules, and the Title IV-A state plan.	42364

DYS COMPREHENSIVE STRATEGIES

42366

No later than July 15, 2001, the Director of Budget and	42367
Management shall transfer $5,000,000 in appropriation authority	42368
from appropriation item 600-689, TANF Block Grant, to Federal	42369
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer	42370
- Comprehensive Strategies, in the Department of Youth Services.	42371
These funds shall be used by the Department of Youth Services to	42372
make grants to local communities to establish models of	42373
inter-system collaboration to prevent children from entering the	42374
juvenile justice system. In making the grants, the Department of	42375
Youth Services shall require that grantees use the funds only to	42376
plan, develop, or enhance collaborative models. Funds provided to	42377
grantees may not be used for any type of direct or purchased	42378
services. The Department of Youth Services shall comply with all	42379
TANF requirements, including reporting requirements and timelines,	42380
as specified in state and federal laws, federal regulations, state	42381
rules, and the Title IV-A state plan, and is responsible for	42382
payment of any adverse audit finding, final disallowance of	42383
federal financial participation, or other sanction or penalty	42384
issued by the federal government or other entity concerning these	42385
funds.	42386

TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER	42387
PROGRAM	42388

No later than July 15, 2001, the Director of Budget and	42389
Management shall transfer $5,200,000 in appropriation authority	42390
from appropriation item 600-689, TANF Block Grant, to	42391
appropriation item 195-497, CDBG Operating Match, in the	42392
Department of Development. No later than July 15, 2002, the	42393
Director of Budget and Management shall transfer $6,500,000 in	42394
appropriation authority from appropriation item 600-689, TANF	42395
Block Grant, to appropriation item 195-497, CDBG Operating Match,	42396
in the Department of Development. These funds shall be used to	42397
provide supportive services for low-income families related to	42398
housing or homelessness, including housing counseling; to provide	42399
grants to nonprofit organizations to assist families with incomes	42400
at or below 200 per cent of the federal poverty guidelines with	42401
down-payment assistance for homeownership, including the purchase	42402
of mobile homes; to provide emergency home repair funding for	42403
families with incomes at or below 200 per cent of the federal	42404
poverty guidelines; to provide operating support for family	42405
emergency shelter programs; and to provide emergency rent and	42406
mortgage assistance for families with incomes at or below 200 per	42407
cent of the federal poverty guidelines. The funds shall not be	42408
used to match federal funds. The Department of Development shall	42409
comply with all TANF requirements, including reporting	42410
requirements and timelines, as specified in state and federal	42411
laws, federal regulations, state rules, and the Title IV-A state	42412
plan, and is responsible for payment of any adverse audit finding,	42413
final disallowance of federal financial participation, or other	42414
sanction or penalty issued by the federal government or other	42415
entity concerning these funds.	42416

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

42417

From the foregoing appropriation items 600-410, TANF State;	42418
600-658, Child Support Collections; or 600-689, TANF Block Grant,	42419
or a combination of these appropriation items, no less than	42420
$369,040,735 in each fiscal year shall be allocated to county	42421
departments of job and family services as follows:	42422

Upon the request of the Department of Job and Family	42432
Services, the Director of Budget and Management may seek	42433
Controlling Board approval to increase appropriations in	42434
appropriation item 600-689, TANF Block Grant, provided sufficient	42435
Federal TANF Block Grant funds exist to do so, without any	42436
corresponding decrease in other appropriation items. The	42437
Department of Job and Family Services shall provide the Office of	42438
Budget and Management and the Controlling Board with documentation	42439
to support the need for the increased appropriation.	42440

All transfers of moneys from or charges against TANF Federal	42441
Block Grant awards for use in the Social Services Block Grant or	42442
the Child Care and Development Block Grant from either unobligated	42443
prior year appropriation authority in appropriation item 400-411,	42444
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	42445
from fiscal year 2002 and fiscal year 2003 appropriation authority	42446
in item 600-689, TANF Block Grant, shall be done ten days after	42447
the Department of Job and Family Services gives written notice to	42448
the Office of Budget and Management. The Department of Job and	42449
Family Services shall first provide the Office of Budget and	42450
Management with documentation to support the need for such	42451
transfers or charges for use in the Social Services Block Grant or	42452
in the Child Care Development Block Grant.	42453

The Department of Job and Family Services shall in each	42454
fiscal year of the biennium transfer the maximum amount of funds	42455
from the federal TANF Block Grant to the federal Social Services	42456
Block Grant as permitted under federal law. Not later than July	42457
15, 2001, the Director of Budget and Management shall transfer	42458
$60,000,000 in receipts from TANF Block Grant funds that have been	42459
credited to the Social Services Block Grant to State Special	42460
Revenue Fund XXX, in the Office of Budget and Management. Not	42461
later than June 1, 2002, the Director of Budget and Management	42462
shall determine the amount of funds in State Special Revenue Fund	42463
XXX that is needed for the purpose of balancing the General	42464
Revenue Fund, and may transfer that amount to the General Revenue	42465
Fund. Any moneys remaining in State Special Revenue Fund XXX on	42466
June 15, 2002, shall be transferred not later than June 20, 2002	42467
to Fund 3V6, TANF Block Grant, in the Department of Job and Family	42468
Services. Not later than July 15, 2002, the Director of Budget	42469
and Management shall transfer to State Special Revenue Fund XXX,	42470
from Fund 3V6 in the Department of Job and Family Services, the	42471
amount of funds that remained in Special Revenue Fund XXX on June	42472
15, 2002, and that were transferred to Fund 3V6. Not later than	42473
June 1, 2003, the Director of Budget and Management shall	42474
determine the amount of funds in State Special Revenue Fund XXX	42475
that is needed for the purpose of balancing the General Revenue	42476
Fund, and may transfer that amount to the General Revenue Fund.	42477
Any moneys remaining in State Special Revenue Fund XXX on June 15,	42478
2003, shall be transferred not later than June 20, 2003, to Fund	42479
3V6, TANF Block Grant, in the Department of Job and Family	42480
Services.	42481

Before the thirtieth day of September of each fiscal year,	42482
the Department of Job and Family Services shall file claims with	42483
the United States Department of Health and Human Services for	42484
reimbursement for all allowable expenditures for services provided	42485
by the Department of Job and Family Services, or other agencies	42486
that may qualify for Social Services Block Grant funding pursuant	42487
to Title XX of the Social Security Act. The Department of Job and	42488
Family Services shall deposit, during each fiscal year, into Fund	42489
5E6, State Option Food Stamps, $6 million, into Fund 5P4, TANF	42490
Child Welfare, $7.5 million, into Fund 3W5, Health Care Services,	42491
$500,000, into Fund 3W8, Hippy Program, $62,500, and into Fund	42492
3W9, Adoption Connection, $50,000 and deposit in fiscal year 2002,	42493
into Fund 3W2, Title XX Vocational Rehabilitation, $600,000, into	42494
Fund 162 in the Department of Natural Resources, $7,885,349, and	42495
into Fund 3W3, Adult Special Needs, $2,920,227 and deposit in	42496
fiscal year 2003, into Fund 3W2, Title XX Vocational	42497
Rehabilitation, $897,052, into Fund 162 in the Department of	42498
Natural Resources, $8,058,715, and into Fund 3W3, Adult Special	42499
Needs, $6,520,227 in receipts from TANF Block Grant funds credited	42500
to the Social Services Block Grant. On verification of the	42501
receipt of the above revenue, the funds provided by these	42502
transfers shall be used as follows:	42503

Section 62.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

42529

The Department of Job and Family Services may use up to	42530
$3,500,000 of appropriation item 600-634, State Options Food	42531
Stamps (Fund 5E6), in each fiscal year of the biennium to support	42532
expenditures to the Ohio Association of Second Harvest Food Banks	42533
pursuant to the following criteria.	42534

As used in this section, "federal poverty guidelines" has the	42535
same meaning as in section 5101.46 of the Revised Code.	42536

The Department of Job and Family Services shall provide an	42537
annual grant of $3,500,000 in each of the fiscal years 2002 and	42538
2003 to the Ohio Association of Second Harvest Food Banks. In	42539
each fiscal year, the Ohio Association of Second Harvest Food	42540
Banks shall use $2,500,000 for the purchase of food products for	42541
the Ohio Food Program, of which up to $105,000 may be used for	42542
food storage and transport, and shall use $1,000,000 for the	42543
Agricultural Surplus Production Alliance Project. Funds provided	42544
for the Ohio Food Program shall be used to purchase food products	42545
and distribute those food products to agencies participating in	42546
the emergency food distribution program. No funds provided	42547
through this grant may be used for administrative expenses other	42548
than funds provided for food storage and transport. As soon as	42549
possible after entering into a grant agreement at the beginning of	42550
the fiscal year, the Department of Job and Family Services shall	42551
distribute the grant funds in one single payment. The Ohio	42552
Association of Second Harvest Food Banks shall develop a plan for	42553
the distribution of the food products to local food distribution	42554
agencies. Agencies receiving these food products shall ensure	42555
that individuals and families who receive any of the food products	42556
purchased with these funds have an income at or below 150 per cent	42557
of the federal poverty guidelines. The Department of Job and	42558
Family Services and the Ohio Association of Second Harvest Food	42559
Banks shall agree on reporting requirements to be incorporated	42560
into the grant agreement.	42561

The Ohio Association of Second Harvest Food Banks shall	42562
return any fiscal year 2002 funds from this grant remaining	42563
unspent on June 30, 2002, to the Department of Job and Family	42564
Services no later than November 1, 2002. The Ohio Association of	42565
Second Harvest Food Banks shall return any fiscal year 2003 funds	42566
from this grant remaining unspent on June 30, 2003, to the	42567
Department no later than November 1, 2003.	42568

Section 62.11. CHILD NUTRITION SERVICES

42569

The Department of Job and Family Services may use up to	42570
$2,500,000 in each fiscal year of appropriation item 600-634,	42571
State Option Food Stamps(Fund 5E6), to support Child Nutrition	42572
Services in the Department of Education. As soon as possible	42573
after the effective date of this section, the Department of Job	42574
and Family Services shall enter into an interagency agreement with	42575
the Department of Education to reimburse the 19 pilot programs	42576
that provide nutritional evening meals to adolescents 13 through	42577
18 years of age participating in educational or enrichment	42578
activities at youth development centers. Such funds shall not be	42579
used as matching funds. Eligibility and reporting guidelines	42580
shall be detailed in the interagency agreement.	42581

Section 62.12. PRESCRIPTION DRUG REBATE FUND

42582

The foregoing appropriation item 600-692, Health Care	42583
Services, shall be used by the Department of Job and Family	42584
Services in accordance with section 5111.081 of the Revised Code.	42585

Section 62.13. ODJFS FUNDS

42586

AGENCY FUND GROUP

42587

The Agency Fund Group shall be used to hold revenues until	42588
the appropriate fund is determined or until they are directed to	42589
the appropriate governmental agency other than the Department of	42590
Job and Family Services. If it is determined that additional	42591
appropriation authority is necessary, such amounts are	42592
appropriated.	42593

HOLDING ACCOUNT REDISTRIBUTION GROUP

42594

The foregoing appropriation items 600-643, Refunds and Audit	42595
Settlements, and 600-644, Forgery Collections, Holding Account	42596
Redistribution Fund Group, shall be used to hold revenues until	42597
they are directed to the appropriate accounts or until they are	42598
refunded. If it is determined that additional appropriation	42599
authority is necessary, such amounts are appropriated.	42600

Section 62.14. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF	42601
JOB AND FAMILY SERVICES	42602

Using the foregoing appropriation items 600-504, Non-TANF	42603
County Administration; 600-610, Food Stamps and State	42604
Administration; 600-410, TANF State; 600-689, TANF Block Grant;	42605
600-620, Social Services Block Grant; 600-552, County Social	42606
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,	42607
Day Care Federal; 600-534, Adult Protective Services; and 600-614,	42608
Refugees Services, the Department of Job and Family Services may	42609
establish a single allocation for county departments of job and	42610
family services that are subject to a partnership agreement	42611
between a board of county commissioners and the department under	42612
section 5101.21 of the Revised Code. The county department is not	42613
required to use all the money from one or more of the	42614
appropriation items listed in this paragraph for the purpose for	42615
which the specific appropriation item is made so long as the	42616
county department uses the money for a purpose for which at least	42617
one of the other of those appropriation items is made. The county	42618
department may not use the money in the allocation for a purpose	42619
other than a purpose any of those appropriation items are made. If	42620
the spending estimates used in establishing the single allocation	42621
are not realized and the county department uses money in one or	42622
more of those appropriation items in a manner for which federal	42623
financial participation is not available, the department shall use	42624
state funds available in one or more of those appropriation items	42625
to ensure that the county department receives the full amount of	42626
its allocation. The single allocation is the maximum amount the	42627
county department shall receive from those appropriation items.	42628

ADULT PROTECTIVE SERVICES

42629

The foregoing appropriation item 600-695, Adult Protective	42630
Services, shall be used to provide adult protective services in	42631
accordance with section 5101.62 of the Revised Code.	42632

NON-TANF ADULT ASSISTANCE

42633

The foregoing appropriation item 600-696, Non-TANF Adult	42634
Assistance, shall be used to provide funding for the Adult	42635
Emergency Assistance Program in accordance with section 5101.86 of	42636
the Revised Code.	42637

HIPPY PROGRAM

42638

The Department of Job and Family Services may use up to	42639
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),	42640
in each fiscal year to support expenditures to the Hippy Program	42641
in Hamilton County. The Department of Job and Family Services and	42642
the Hippy Program shall agree on reporting requirements to be	42643
incorporated into the grant agreement.	42644

ADOPTION CONNECTION

42645

The Department of Job and Family Services may use up to	42646
$62,500 of appropriation item 600-640, Adoption Connection (Fund	42647
3W9), in each fiscal year to support expenditures to the Adoption	42648
Connection Program in Hamilton County. The Department of Job and	42649
Family Services and the Adoption Connection Program shall agree on	42650
reporting requirements to be incorporated into the grant	42651
agreement.	42652

Section 62.15. TRANSFER OF FUNDS	42653

The Department of Job and Family Services shall transfer	42654
through intrastate transfer vouchers, cash from State Special	42655
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	42656
Community-Based Services, in the Ohio Department of Mental	42657
Retardation and Developmental Disabilities. The sum of the	42658
transfers shall equal $12,783,463 in fiscal year 2002 and	42659
$13,039,133 in fiscal year 2003. The transfer may occur on a	42660
quarterly basis or on a schedule developed and agreed to by both	42661
departments.	42662

The Department of Job and Family Services shall transfer,	42663
through intrastate transfer vouchers, cash from the State Special	42664
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	42665
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	42666
transfers shall be equal to the amounts appropriated in fiscal	42667
year 2002 and fiscal year 2003 in appropriation item 490-610,	42668
PASSPORT/Residential State Supplement. The transfer may occur on	42669
a quarterly basis or on a schedule developed and agreed to by both	42670
departments.	42671

TRANSFERS OF IMD/DSH CASH

42672

The Department of Job and Family Services shall transfer,	42673
through intrastate transfer voucher, cash from fund 5C9, Medicaid	42674
Program Support, to the Department of Mental Health's Fund 4X5,	42675
OhioCare, in accordance with an interagency agreement which	42676
delegates authority from the Department of Job and Family Services	42677
to the Department of Mental Health to administer specified	42678
Medicaid services.	42679

Section 62.16. CONSOLIDATION OF STATE GRANTS

42680

With the consent of a county, the Department of Job and	42681
Family Services may combine into a single and consolidated grant	42682
of state aid, funds that would otherwise be provided to that	42683
county pursuant to the operation of section 5101.14 of the Revised	42684
Code and other funds that would otherwise be provided to that	42685
county for the purpose of providing kinship care. In fiscal year	42686
2003, the grant shall also include unspent funds remaining from	42687
any grant provided to the county under this section in fiscal year	42688
2002.	42689

Funds contained in any such consolidation grant shall not be	42690
subject to either statutory or administrative rules that would	42691
otherwise govern allowable uses from such funds, except that such	42692
funds shall continue to be used by the county to meet the expenses	42693
of its children services program under Chapter 5153. of the	42694
Revised Code. Funds contained in a consolidation grant shall be	42695
paid to each county within thirty days after the beginning of each	42696
calendar quarter. Funds provided to a county under this section	42697
shall be deposited in the children services fund, established in	42698
section 5101.144 of the Revised Code, and shall be used for no	42699
other purpose than to meet the expenses of the children services	42700
program. Within ninety days after the end of fiscal year 2003,	42701
each county shall return to the Department of Job and Family	42702
Services any unspent balance in the consolidated grant, unless	42703
this section is renewed for a subsequent period of time.	42704

Section 62.17.  EMPLOYER SURCHARGE

42705

The surcharge and the interest on the surcharge amounts due	42706
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	42707
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	42708
118th General Assembly, and section 4141.251 of the Revised Code	42709
as it existed prior to Sub. H.B. 478 of the 122nd General	42710
Assembly, again shall be assessed and collected by, accounted for,	42711
and made available to the Department of Job and Family Services in	42712
the same manner as set forth in section 4141.251 of the Revised	42713
Code as it existed prior to Sub. H.B. 478 of the 122nd General	42714
Assembly, notwithstanding the repeal of the surcharge for calendar	42715
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	42716
Assembly, except that amounts received by the Director on or after	42717
July 1, 2001, shall be deposited into the special administrative	42718
fund established pursuant to section 4141.11 of the Revised Code.	42719

Effective July 1, 2001, the balance of the unemployment	42720
compensation surcharge trust funds created in custody of the	42721
Treasurer of State pursuant to section 4141.251 of the Revised	42722
Code shall be transferred into the special administrative fund	42723
established pursuant to section 4141.11 of the Revised Code.	42724

Section 62.18. OHIO ACCESS PROJECT

42725

(A) As used in this section, "nursing facility" has the same	42726
meaning as in section 5111.20 of the Revised Code.	42727

(B) To the extent funds are available as provided in this	42728
act, the Director of Job and Family Services may establish the	42729
Ohio Access Project to help Medicaid recipients make the	42730
transition from residing in a nursing facility to residing in a	42731
community setting. If the Director establishes the Project, the	42732
Director shall provide one-time benefits to not more than	42733
seventy-five Medicaid recipients in fiscal year 2002 and not more	42734
than one hundred twenty-five Medicaid recipients in fiscal year	42735
2003. To be eligible for benefits under the Project, a Medicaid	42736
recipient must satisfy all of the following requirements:	42737

(1) At the time of applying for the benefits, be a recipient	42738
of Medicaid-funded nursing facility care;	42739

(2) Have resided continuously in a nursing facility since at	42740
least January 1, 2000;	42741

(3) Need the level of care provided by nursing facilities;

42742

(4) Need benefits whose projected cost does not exceed	42743
eighty per cent of the average monthly Medicaid cost of individual	42744
Medicaid recipients' nursing facility care.	42745

(C) If the Director of Job and Family Services establishes	42746
the Ohio Access Project, the benefits provided under the Project	42747
may include payment of all of the following:	42748

(1) The first month's rent in a community setting;

42749

(2) Rental deposits;

42750

(3) Utility deposits;	42751

(4) Moving expenses;	42752

(5) Other expenses not covered by the Medicaid program that	42753
facilitate a Medicaid recipient's move from a nursing facility to	42754
a community setting.	42755

(D) No person may receive more than two thousand dollars	42756
worth of benefits under the Ohio Access Project.	42757

Section 62.19. FUNDING FOR OHIO ACCESS SUCCESS PILOT

42758

Notwithstanding any limitations contained in sections 5112.31	42759
and 5112.37 of the Revised Code, in each fiscal year, cash from	42760
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	42761
of the amounts needed for transfers to Fund 4K8 may be used by the	42762
Department of Job and Family Services to cover costs of care	42763
provided to participants in the Ohio Home Care Waiver. Expenses	42764
to be paid from this fund by the Department of Job and Family	42765
Services shall be limited to costs for habilitative services that	42766
either exceed the regular service levels of the Ohio Home Care	42767
Waiver or are for habilitative services for individuals who are	42768
not determined to be eligible for county board of MR/DD services,	42769
and are provided to participants of Ohio Home Care Waiver who	42770
require a level of care that is routinely provided through	42771
intermediate care facilities for the mentally retarded or through	42772
ICF/MR waivers administered by the Department of Mental	42773
Retardation and Developmental Disabilities.	42774

Section 62.20. FUNDING FOR INSTITUTIONAL FACILITY AUDITS

42775

Notwithstanding any limitations in sections 3721.51 and	42776
3721.56 of the Revised Code, in each fiscal year, cash from the	42777
State Special Revenue Fund 4J5, Home and Community-Based Services	42778
for the Aged, in excess of the amounts needed for the transfers	42779
may be used by the Department of Job and Family Services for the	42780
following purposes: (A) up to $1.0 million in each fiscal year to	42781
fund the state share of audits of Medicaid cost reports filed with	42782
the Department of Job and Family Services by nursing facilities	42783
and intermediate care facilities for the mentally retarded; and	42784
(B) up to $150,000 in fiscal year 2002 and up to $250,000 in	42785
fiscal year 2003 to provide one-time transitional benefits under	42786
the Ohio Access Project that the Director of Job and Family	42787
Services may establish under the section of this act titled "Ohio	42788
Access Project."	42789

Section 62.21. WAIVER REDESIGN

42790

(A) The Director of Job and Family Services may submit a	42791
request to the United States Secretary of Health and Human	42792
Services pursuant to section 1915 of the "Social Security Act," 79	42793
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	42794
Medicaid home and community-based services waiver program, or	42795
modify a current Medicaid home and community-based services waiver	42796
program, to serve individuals with mental retardation or a	42797
developmental disability who meet all of the following	42798
requirements:	42799

(1) Need the level of care provided by intermediate care	42800
facilities for the mentally retarded;	42801

(2) Need habilitation services;	42802

(3) Are transferred from the Ohio Home Care Waiver Program	42803
to the new or modified home and community-based services waiver	42804
program.	42805

(B) If the United States Secretary of Health and Human	42806
Services grants a waiver request submitted under division (A) of	42807
this section, the Director of Job and Family Services may create a	42808
new, or modify an existing, home and community-based services	42809
waiver program in accordance with the waiver. The new or modified	42810
waiver program shall specify the maximum amount that the program	42811
may spend per individual enrolled in the program. The Department	42812
of Job and Family Services may administer the waiver program or	42813
enter into an interagency agreement with the Department of Mental	42814
Retardation and Developmental Disabilities for the Department of	42815
Mental Retardation and Developmental Disabilities to administer	42816
the waiver program under the Department of Job and Family	42817
Services' supervision.	42818

(C) The Director of Job and Family Services may reduce the	42819
maximum number of individuals the Ohio Home Care Waiver Program	42820
may serve by the number of individuals transferred from that	42821
program to the new or modified home and community-based services	42822
waiver program provided for by this section.	42823

(D) An interagency agreement between the Departments of Job	42824
and Family Services and Mental Retardation and Developmental	42825
Disabilities under this section, if any, shall specify the maximum	42826
number of individuals who may be transferred from the Ohio Home	42827
Care Waiver Program to the new, or modified, waiver program and	42828
the estimated cost of services under the new, or modified, waiver	42829
program to the transferred individuals. The departments may not	42830
enter into the interagency agreement without approval of the	42831
Director of Budget and Management. If the departments enter into	42832
the interagency agreement, the Director of Budget and Management	42833
may reduce the amount of the appropriation in line item 600-525,	42834
Health Care/Medicaid, by the estimated cost specified in the	42835
interagency agreement. If the Director makes the reduction, the	42836
state share of the estimated costs are appropriated to the	42837
Department of Mental Retardation and Developmental Disabilities in	42838
a new appropriation item that shall be established for this	42839
purpose. The Director of Budget and Management may increase the	42840
appropriation in appropriation item 322-639, Medicaid Waiver, by	42841
the corresponding non-GRF federal share of the estimated costs.	42842

Section 62.22. MEDICAID WAIVER

42843

(A) With the assistance of the Department of Mental Health	42844
and after consulting with community mental health facilities that	42845
provide mental health services included in the state Medicaid plan	42846
pursuant to section 5111.022 of the Revised Code, the Department	42847
of Job and Family Services shall develop and submit to the Health	42848
Care Financing Administration of the United States Department of	42849
Health and Human Services an application for a waiver under which	42850
any of the federal Medicaid statutes and regulations that are	42851
subject to being waived may be waived as necessary for purposes of	42852
better ensuring both of the following:	42853

(1) That Medicaid coverage and payment methods for mental	42854
health services provided under section 5111.022 of the Revised	42855
Code are consistent with the service priorities established	42856
pursuant to Chapters 340. and 5119. of the Revised Code;	42857

(2) That the services provided under section 5111.022 of the	42858
Revised Code can be provided in a manner that maximizes the	42859
effectiveness of resources available to the Department of Mental	42860
Health and boards of alcohol, drug addiction, and mental health	42861
services.	42862

(B) The actions taken by the Department of Mental Health and	42863
Department of Job and Family Services to develop and submit the	42864
application for the waiver specified in division (A) of this	42865
section shall be taken in a manner that allows the provisions of	42866
the waiver to be implemented not later than July 1, 2002.	42867

Section 62.23. REFUND OF SETS PENALTY

42868

Any and all refunds received for penalties that were paid	42869
directly or indirectly by the state for the Support Enforcement	42870
Tracking System (SETS) shall be deposited in their entirety to the	42871
General Revenue Fund.	42872

Section 62.24. As used in this section, "Medicaid waiver	42873
component" has the same meaning as in section 5111.85 of the	42874
Revised Code.	42875

A rule adopted by the Director of Job and Family Services	42876
governing a Medicaid waiver component that is in effect on the	42877
effective date of this section shall remain in effect until	42878
amended or rescinded as part of the adoption of rules under	42879
section 5111.85 of the Revised Code.	42880

Section 62.25. The Health Care Compliance Fund created by	42881
section 5111.171 of the Revised Code is the same fund as the	42882
Health Care Compliance Fund created by the Controlling Board in	42883
October 1998.	42884

Section 62.26. Not later than October 31, 2001, the Director	42885
of Job and Family Services shall submit to the United States	42886
Secretary of Health and Human Services an amendment to the state	42887
Medicaid Plan to provide for the Department of Job and Family	42888
Services to continue the Program of All-Inclusive Care for the	42889
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The	42890
Director may submit to the United States Secretary a request to	42891
transfer the day-to-day administration of PACE to the Department	42892
of Aging. If the United States Secretary approves the amendment,	42893
the Directors of Job and Family Services and Aging may enter into	42894
an interagency agreement under section 5111.86 of the Revised Code	42895
to transfer responsibility for the day-to-day administration of	42896
PACE from the Department of Job and Family Services to the	42897
Department of Aging. The interagency agreement is subject to the	42898
approval of the Director of Budget and Management and shall	42899
include an estimated cost of services to be provided under PACE.	42900

If the Directors of Job and Family Services and Aging enter	42901
into the interagency agreement, the Director of Budget and	42902
Management shall reduce the amount in appropriation item 600-525,	42903
Health Care/Medicaid, by the estimated costs of PACE services	42904
included in the interagency agreement. If the Director of Budget	42905
and Management makes the reduction, the state and federal share of	42906
the estimated costs of PACE services is hereby appropriated to the	42907
Department of Aging. The Director of Budget and Management shall	42908
establish a new appropriation item for the appropriation.	42909

Section 62.27. (A) The authority of the Director of Job and	42910
Family Services under section 5111.02 of the Revised Code to adopt	42911
a rule excluding drugs for the treatment of obesity from coverage	42912
under the Medicaid program is revoked. Therefore, the Director	42913
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the	42914
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the	42915
Administrative Code is suspended pending the rescission. This	42916
division does not require the Medicaid program to cover drugs for	42917
the treatment of obesity.	42918

The rule of this act that items in uncodified sections do not	42919
have effect after June 30, 2003, does not apply to this division.	42920

(B) Not later than six months after the effective date of	42921
this section, the Director of Job and Family Services shall	42922
complete an evaluation and issue a report on whether the Medicaid	42923
program should cover anti-obesity agents that have been approved	42924
by the United States Food and Drug Administration for the	42925
treatment of obesity and obesity's related co-morbidities. At a	42926
minimum, the evaluation shall consider the safety, efficacy, and	42927
cost-effectiveness of having the Medicaid program cover such	42928
anti-obesity agents. The Director shall submit the report to the	42929
chairperson and ranking minority member of the House of	42930
Representatives Finance and Appropriations Committee and the	42931
chairperson and ranking minority member of the Senate Finance and	42932
Financial Institutions Committee.	42933

Section 62.28. CHILD PROTECTIVE SERVICES

42934

Of the foregoing appropriation item 600-527, Child Protective	42935
Services, $15,000 in each fiscal year shall be provided to the	42936
Children?s Advocacy Center in Portage County.	42937

Section 62.29. The Director of Job and Family Services may	42938
apply to the United States Secretary of Health and Human Services	42939
to increase the number of individuals that the Individual Options	42940
Medicaid home or community-based services waiver program may serve	42941
as follows:	42942

(A) For fiscal year 2002, that the waiver program serve at	42943
least five hundred more individuals than the waiver program served	42944
in fiscal year 2001;	42945

(B) For fiscal year 2003, that the waiver program serve at	42946
least five hundred more individuals than the waiver program served	42947
in fiscal year 2002.	42948

Section 62.30. PREFERRED OPTION EVALUATION

42949

The Director of Job and Family Services shall evaluate the	42950
Medicaid managed care enrollment alternative known as Preferred	42951
Option. As part of the evaluation, the Director shall examine	42952
whether Preferred Option should be expanded to additional	42953
counties. Not later than June 30, 2003, the Director shall submit	42954
a report on the evaluation to the Governor, Speaker of the House	42955
of Representatives, and President of the Senate. The Director	42956
shall include in the report any findings made pursuant to the	42957
evaluation, including the Director's conclusions as to whether	42958
Preferred Option should be expanded to additional counties. The	42959
Director may not expand Preferred Option to any additional county	42960
before the Director submits the report.	42961

Section 62.31. (A) The Director of Job and Family Services	42962
shall continue operations through each of the local public	42963
employment offices described in section 4141.04 of the Revised	42964
Code that exist on the effective date of this section until	42965
January 1, 2002.	42966

(B) The Director shall present a detailed report to the	42967
members of the Finance and Appropriations Committee of the House	42968
of Representatives and of the Finance and Financial Institutions	42969
Committee of the Senate on or before October 1, 2001, that	42970
describes the Director's plan to cease the Department of Job and	42971
Family Services operations at the offices described in division	42972
(A) of this section and instead commence operations at telephone	42973
registration centers, mail claims centers, and one-stop employment	42974
centers. The report shall include all of the following	42975
information:	42976

(1) A description of plans to employ personnel for telephone	42977
registration centers and mail claims centers, including plans to	42978
possibly reassign personnel employed at the offices described in	42979
division (A) of this section to the telephone registration	42980
centers, mail claims centers, or one-stop employment centers, and	42981
a description of model plans and actual plans detailing the manner	42982
in which personnel would be employed in each telephone	42983
registration center, mail claims center, or one-stop employment	42984
center;	42985

(2) A fiscal analysis of the impact of the transition,	42986
including all of the following information that is presented in a	42987
manner so that the costs described in division (B)(2)(a) of this	42988
section can be readily compared to the costs described in division	42989
(B)(2)(b) of this section:	42990

(a) The cost of operating the existing offices described in	42991
division (A) of this section, including the costs for	42992
administration, facilities, and employing personnel;	42993

(b) The number of proposed telephone registration centers	42994
and mail claims centers and the projected operational costs of	42995
those centers, including, but not limited to, the cost of	42996
employing personnel for those centers, the administrative overhead	42997
costs of those centers, the initial costs to establish those	42998
centers, the long-term costs of maintaining those centers, and the	42999
cost of renting facilities for those centers, if rental is	43000
necessary.	43001

(3) The estimated cost projections of the initial start-up	43002
costs of transitioning from the existing offices described in	43003
division (A) of this section to the telephone registration	43004
centers, mail claims centers, and one-stop employment centers and	43005
the long-term operational costs of both operating those centers	43006
and assisting in providing personnel to staff the one-stop	43007
employment centers;	43008

(4) Funding projections that clearly indicate the amount of	43009
funding expected from federal, state, and local sources for the	43010
transition, and for maintaining the telephone registration centers	43011
and mail claims centers, and for assisting in providing personnel	43012
to staff the one-stop employment centers, with the amounts from	43013
each source stated separately;	43014

(5) Steps that the Director plans to take to assist local	43015
communities in improving services at one-stop employment centers	43016
so that service to unemployed individuals, other job seekers, and	43017
employers is not interrupted.	43018

(C) It is the intention of the General Assembly that during	43019
the period beginning on the effective date of this section and	43020
ending on January 1, 2002, the Director be strongly encouraged to	43021
negotiate with boards of county commissioners, local workforce	43022
policy boards, and other interested local officials in developing	43023
a plan to transfer operations from the offices described in	43024
division (A) of this section to telephone registration centers,	43025
mail claims centers, and one-stop employment centers. It is also	43026
the intention of the General Assembly that those negotiations	43027
include a process for agreeing to the division of resources and	43028
the allocation of costs between the Department of Job and Family	43029
Services, boards of county commissioners, and local workforce	43030
policy boards.	43031

Section 63.  JCO JUDICIAL CONFERENCE OF OHIO	43032

General Revenue Fund

43033

General Services Fund Group

43036

STATE COUNCIL OF UNIFORM STATE LAWS

43040

Notwithstanding section 105.26 of the Revised Code, of the	43041
foregoing appropriation item 018-321, Operating Expenses, up to	43042
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003	43043
may be used to pay the expenses of the State Council of Uniform	43044
State Laws, including membership dues to the National Conference	43045
of Commissioners on Uniform State Laws.	43046

OHIO JURY INSTRUCTIONS FUND

43047

The Ohio Jury Instructions Fund (Fund 403) shall consist of	43048
grants, royalties, dues, conference fees, bequests, devises, and	43049
other gifts received for the purpose of supporting costs incurred	43050
by the Judicial Conference of Ohio in dispensing education and	43051
informational data to the state's judicial system. Fund 403 shall	43052
be used by the Judicial Conference of Ohio to pay expenses	43053
incurred in dispensing educational and informational data to the	43054
state's judicial system. All moneys accruing to Fund 403 in	43055
excess of $200,000 in fiscal year 2002 and in excess of $200,000	43056
in fiscal year 2003 are hereby appropriated for the purposes	43057
authorized.	43058

No money in the Ohio Jury Instructions Fund shall be	43059
transferred to any other fund by the Director of Budget and	43060
Management or the Controlling Board.	43061

Section 64.  JSC THE JUDICIARY/SUPREME COURT

43062

General Revenue Fund

43063

General Services Fund Group

43069

State Special Revenue Fund Group

43072

Federal Special Revenue Fund Group

43077

LAW-RELATED EDUCATION

43081

The foregoing appropriation item 005-406, Law-Related	43082
Education, shall be distributed directly to the Ohio Center for	43083
Law-Related Education for the purposes of providing continuing	43084
citizenship education activities to primary and secondary	43085
students, expanding delinquency prevention programs, increasing	43086
activities for at-risk youth, and accessing additional public and	43087
private money for new programs.	43088

OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

43089

The foregoing appropriation item 005-502, Commission for	43090
Legal Education Opportunity, shall be used to fund the activities	43091
of the Commission for Legal Education Opportunity created by the	43092
Chief Justice of the Supreme Court of Ohio for the purpose of	43093
assisting minority, low-income, and educationally disadvantaged	43094
college graduates in the transition to legal education. Moneys	43095
appropriated to the Commission for Legal Education Opportunity may	43096
be used to establish and provide an intensive course of study	43097
designed to prepare eligible college graduates for law school	43098
education, provide annual stipends for students who successfully	43099
complete the course of study and are admitted to and maintain	43100
satisfactory academic standing in an Ohio law school, and pay the	43101
administrative costs associated with the program.	43102

CONTINUING JUDICIAL EDUCATION

43103

The Continuing Judicial Education Fund (Fund 672) shall	43104
consist of fees paid by judges and court personnel for attending	43105
continuing education courses and other gifts and grants received	43106
for the purpose of continuing judicial education. The foregoing	43107
appropriation item 005-601, Continuing Judicial Education, shall	43108
be used to pay expenses for continuing education courses for	43109
judges and court personnel. If it is determined by the	43110
Administrative Director of the Supreme Court that additional	43111
appropriations are necessary, the amounts are appropriated.	43112

No money in the Continuing Judicial Education Fund shall be	43113
transferred to any other fund by the Director of Budget and	43114
Management or the Controlling Board. Interest earned on moneys in	43115
the Continuing Judicial Education Fund shall be credited to the	43116
fund.	43117

ATTORNEY REGISTRATION

43118

In addition to funding other activities considered	43119
appropriate by the Supreme Court, the foregoing appropriation item	43120
005-605, Attorney Registration, may be used to compensate	43121
employees and fund the appropriate activities of the following	43122
offices established by the Supreme Court pursuant to the Rules for	43123
the Government of the Bar of Ohio: the Office of Disciplinary	43124
Counsel, the Board of Commissioners on Grievances and Discipline,	43125
the Clients' Security Fund, the Board of Commissioners on the	43126
Unauthorized Practice of Law, and the Office of Attorney	43127
Registration. If it is determined by the Administrative Director	43128
of the Supreme Court that additional appropriations are necessary,	43129
the amounts are hereby appropriated.	43130

No moneys in the Attorney Registration Fund shall be	43131
transferred to any other fund by the Director of Budget and	43132
Management or the Controlling Board. Interest earned on moneys in	43133
the Attorney Registration Fund shall be credited to the fund.	43134

SUPREME COURT ADMISSIONS

43135

The foregoing appropriation item 005-606, Supreme Court	43136
Admissions, shall be used to compensate Supreme Court employees	43137
who are primarily responsible for administering the attorney	43138
admissions program, pursuant to the Rules for the Government of	43139
the Bar of Ohio, and to fund any other activities considered	43140
appropriate by the court. Moneys shall be deposited into the	43141
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	43142
Court Rules for the Government of the Bar of Ohio. If it is	43143
determined by the Administrative Director of the Supreme Court	43144
that additional appropriations are necessary, the amounts are	43145
appropriated.	43146

No moneys in the Supreme Court Admissions Fund shall be	43147
transferred to any other fund by the Director of Budget and	43148
Management or the Controlling Board. Interest earned on moneys in	43149
the Supreme Court Admissions Fund shall be credited to the fund.	43150

CONTINUING LEGAL EDUCATION

43151

The foregoing appropriation item 005-607, Commission on	43152
Continuing Legal Education, shall be used to compensate employees	43153
of the Commission on Continuing Legal Education, established	43154
pursuant to the Supreme Court Rules for the Government of the Bar	43155
of Ohio, and to fund other activities of the commission considered	43156
appropriate by the court. If it is determined by the	43157
Administrative Director of the Supreme Court that additional	43158
appropriations are necessary, the amounts are appropriated.	43159

No moneys in the Continuing Legal Education Fund shall be	43160
transferred to any other fund by the Director of Budget and	43161
Management or the Controlling Board. Interest earned on moneys in	43162
the Continuing Legal Education Fund shall be credited to the fund.	43163

FEDERAL MISCELLANEOUS

43164

The Federal Miscellaneous Fund (3J0) shall consist of grants	43165
and other moneys awarded to the Supreme Court of Ohio (The	43166
Judiciary) by the United States Government, the State Justice	43167
Institute, or other entities that receive the moneys directly from	43168
the United States Government or the State Justice Institute and	43169
distribute those moneys to the Supreme Court of Ohio (The	43170
Judiciary). The foregoing appropriation item 005-603, Federal	43171
Grants, shall be used in a manner consistent with the purpose of	43172
the grant or award. If it is determined by the Administrative	43173
Director of the Supreme Court that additional appropriations are	43174
necessary, the amounts are appropriated.	43175

No money in the Federal Miscellaneous Fund shall be	43176
transferred to any other fund by the Director of Budget and	43177
Management or the Controlling Board. However, interest earned on	43178
moneys in the Federal Miscellaneous Fund shall be credited or	43179
transferred to the General Revenue Fund.	43180

Section 65.  LEC LAKE ERIE COMMISSION	43181

State Special Revenue Fund Group

43182

CASH TRANSFER

43188

Not later than the thirtieth day of November of each fiscal	43189
year, the Executive Director of the Ohio Lake Erie Office, with	43190
the approval of the Lake Erie Commission, shall certify to the	43191
Director of Budget and Management the cash balance in the Lake	43192
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	43193
operating expenses of the Lake Erie Office. The Ohio Lake Erie	43194
Office may request the Director of Budget and Management to	43195
transfer up to the certified amount from the Lake Erie Resources	43196
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	43197
Director of Budget and Management may transfer the requested	43198
amount, or the Director may transfer a different amount up to the	43199
certified amount. Cash transferred shall be used for the purposes	43200
described in division (A) of section 1506.23 of the Revised Code.	43201
The amount transferred by the director is appropriated to the	43202
foregoing appropriation item 780-601, Lake Erie Protection Fund,	43203
which shall be increased by the amount transferred.	43204

Section 66.  LRS LEGAL RIGHTS SERVICE	43205

General Revenue Fund

43206

General Services Fund Group

43212

Federal Special Revenue Fund Group

43218

Section 67.  JLE JOINT LEGISLATIVE ETHICS COMMITTEE	43229

General Revenue Fund

43230

State Special Revenue Fund Group

43233

Section 68. LSC LEGISLATIVE SERVICE COMMISSION

43238

General Revenue Fund

43239

General Services Fund Group

43249

OPERATING EXPENSES

43255

On or before August 1, 2001, the Director of Budget and	43256
Management shall determine and certify to the Director of the	43257
Legislative Service Commission the total amount of unexpended,	43258
unobligated appropriations made to the Commission for fiscal year	43259
2001 in appropriation items 035-321 and 035-403. Additional	43260
appropriation authority equal to the amount certified by the	43261
Director of Budget and Management to the Director of the	43262
Legislative Service Commission, not to exceed $500,000, is hereby	43263
appropriated to appropriation item 035-321 Operating Expenses, for	43264
fiscal year 2002.	43265

ATMS REPLACEMENT PROJECT

43266

Of the foregoing appropriation item 035-406, ATMS Replacement	43267
Project, any amounts not used for the ATMS project may be used to	43268
pay the operating expenses of the Legislative Service Commission.	43269

LEGISLATIVE TASK FORCE ON REDISTRICTING

43270

On or before August 1, 2001, the Director of Budget and	43271
Management shall determine and certify to the Director of the	43272
Legislative Service Commission the total amount of unexpended,	43273
unobligated appropriations made to the Commission for fiscal year	43274
2001 in appropriation item 035-407, Legislative Task Force on	43275
Redistricting. Additional appropriation authority equal to the	43276
amount certified by the Director of Budget and Management to the	43277
Director of the Legislative Service Commission is hereby	43278
appropriated to appropriation item 035-407, Legislative Task Force	43279
on Redistricting, for fiscal year 2002.	43280

NATIONAL ASSOCIATIONS

43281

Of the foregoing appropriation item 035-409, National	43282
Associations, $10,000 in each fiscal year shall be used for the	43283
State and Local Legal Center.	43284

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

43285

The foregoing appropriation item 035-404, Legislative Office	43286
of Education Oversight, shall be used to support the legislative	43287
oversight activities of the Legislative Committee on Education	43288
Oversight established in section 3301.68 of the Revised Code.	43289

Section 69.  LIB STATE LIBRARY BOARD

43290

General Revenue Fund

43291

General Services Fund Group

43298

Federal Special Revenue Fund Group

43304

OHIOANA RENTAL PAYMENTS

43309

The foregoing appropriation item 350-401, Ohioana Rental	43310
Payments, shall be used to pay the rental expenses of the Martha	43311
Kinney Cooper Ohioana Library Association pursuant to section	43312
3375.61 of the Revised Code.	43313

REGIONAL LIBRARY SYSTEMS

43314

The foregoing appropriation item 350-502, Regional Library	43315
Systems, shall be used to support regional library systems	43316
eligible for funding under section 3375.90 of the Revised Code.	43317

OHIO PUBLIC LIBRARY INFORMATION NETWORK

43318

The foregoing appropriation item 350-604, OPLIN Technology,	43319
shall be used for an information telecommunications network	43320
linking public libraries in the state and such others as may be	43321
certified as participants by the Ohio Public Library Information	43322
Network Board.	43323

The Ohio Public Library Information Network Board shall	43324
consist of eleven members appointed by the State Library Board	43325
from among the staff of public libraries and past and present	43326
members of boards of trustees of public libraries, based on the	43327
recommendations of the Ohio library community. The Ohio Public	43328
Library Information Network Board in consultation with the State	43329
Library shall develop a plan of operations for the network. The	43330
Board shall have the authority to make decisions regarding the use	43331
of the foregoing appropriation item 350-604, OPLIN Technology, and	43332
to receive and expend grants to carry out the operations of the	43333
network in accordance with state law and the authority to appoint	43334
and fix the compensation of a director and necessary staff. The	43335
State Library will be the fiscal agent for the network and shall	43336
have fiscal accountability for the expenditure of funds. The Ohio	43337
Public Library Information Network Board members shall be	43338
reimbursed for actual travel and necessary expenses incurred in	43339
the carrying out of their responsibilities.	43340

In order to limit access to obscene and illegal materials	43341
through internet use at Ohio Public Library Information Network	43342
(OPLIN) terminals, local libraries with OPLIN computer terminals	43343
shall adopt policies that control access to obscene and illegal	43344
materials. These policies may include use of technological	43345
systems to select or block certain internet access. The OPLIN	43346
shall condition provision of its funds, goods, and services on	43347
compliance with these policies. The OPLIN board shall also adopt	43348
and communicate specific recommendations to local libraries on	43349
methods to control such improper usage. These methods may include	43350
each library implementing a written policy controlling such	43351
improper use of library terminals and requirements for parental	43352
involvement or written authorization for juvenile internet usage.	43353

The OPLIN board shall research and assist or advise local	43354
libraries with emerging technologies and methods that may be	43355
effective means to control access to obscene and illegal	43356
materials. The OPLIN Executive Director shall biannually provide	43357
written reports to the Governor, the Speaker and Minority Leader	43358
of the House of Representatives, and the President and Minority	43359
Leader of the Senate on any steps being taken by OPLIN and public	43360
libraries in this state to limit and control such improper usage	43361
as well as information on technological, legal, and law	43362
enforcement trends nationally and internationally affecting this	43363
area of public access and service.	43364

The Ohio Public Library Information Network, InfOhio, and	43365
OhioLink shall, to the extent feasible, coordinate and cooperate	43366
in their purchase or other acquisition of the use of electronic	43367
databases for their respective users and shall contribute funds in	43368
an equitable manner to such effort.	43369

TRANSFER TO OPLIN TECHNOLOGY FUND

43370

Notwithstanding sections 5747.03 and 5747.47 of the Revised	43371
Code and any other provision of law to the contrary, in accordance	43372
with a schedule established by the Director of Budget and	43373
Management, (A) in fiscal year 2002, the Director of Budget and	43374
Management shall transfer $6,361,095 from the Library and Local	43375
Government Support Fund (Fund 065) to the OPLIN Technology Fund	43376
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget	43377
and Management shall transfer $6,477,962 from the Library and	43378
Local Government Support Fund (Fund 065) to the OPLIN Technology	43379
Fund (Fund 4S4).	43380

Section 70.  LCO LIQUOR CONTROL COMMISSION	43381

Liquor Control Fund Group

43382

Section 71.  LOT STATE LOTTERY COMMISSION	43387

State Lottery Fund Group

43388

OPERATING EXPENSES

43399

The foregoing appropriation items include all amounts	43400
necessary for the purchase and printing of tickets, consultant	43401
services, and advertising. The Controlling Board may, at the	43402
request of the State Lottery Commission, authorize additional	43403
appropriations for operating expenses of the State Lottery	43404
Commission from the State Lottery Fund up to a maximum of 15 per	43405
cent of anticipated total revenue accruing from the sale of	43406
lottery tickets.	43407

PRIZES, BONUSES, AND COMMISSIONS

43408

Any amounts, in addition to the amounts appropriated in	43409
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	43410
are determined by the Director of the State Lottery Commission to	43411
be necessary to fund prizes, bonuses, and commissions are	43412
appropriated.	43413

ANNUITY PRIZES

43414

With the approval of the Office of Budget and Management, the	43415
State Lottery Commission shall transfer cash from the State	43416
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	43417
(Fund 871) in an amount sufficient to fund deferred prizes. The	43418
Treasurer of State, from time to time, shall credit the Deferred	43419
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	43420
by the Treasurer of State on invested balances.	43421

Any amounts, in addition to the amounts appropriated in	43422
appropriation item 950-602, Annuity Prizes, that are determined by	43423
the Director of the State Lottery Commission to be necessary to	43424
fund deferred prizes and interest earnings are appropriated.	43425

Section 72.  MED STATE MEDICAL BOARD	43426

General Services Fund Group

43427

Section 73.  DMH DEPARTMENT OF MENTAL HEALTH

43432

Division of General Administration Intragovernmental Service Fund	43433
Group	43434

Division of Mental Health--

43438

Psychiatric Services to Correctional Facilities

43439

General Revenue Fund

43440

FORENSIC SERVICES

43444

The foregoing appropriation item 322-401, Forensic Services,	43445
shall be used to provide psychiatric services to courts of common	43446
pleas. The appropriation shall be allocated through community	43447
mental health boards to certified community agencies and shall be	43448
distributed according to the criteria delineated in rule	43449
5122:4-1-01 of the Administrative Code. These community forensic	43450
funds may also be used to provide forensic training to community	43451
mental health boards and to forensic psychiatry residency programs	43452
in hospitals operated by the Department of Mental Health and to	43453
provide evaluations of patients of forensic status in facilities	43454
operated by the Department of Mental Health prior to conditional	43455
release to the community.	43456

In addition, appropriation item 332-401, Forensic Services,	43457
may be used to support projects involving mental health, substance	43458
abuse, courts, and law enforcement to identify and develop	43459
appropriate alternative services to institutionalization for	43460
nonviolent mentally ill offenders, and to provide linkage to	43461
community services for severely mentally disabled offenders	43462
released from institutions operated by the Department of	43463
Rehabilitation and Correction. Funds may also be utilized to	43464
provide forensic monitoring and tracking in addition to community	43465
programs serving persons of forensic status on conditional release	43466
or probation.	43467

Division of Mental Health--

43468

Administration and Statewide Programs

43469

General Revenue Fund

43470

General Services Fund Group

43479

Federal Special Revenue Fund Group

43482

State Special Revenue Fund Group

43490

RESIDENCY TRAINEESHIP PROGRAMS

43497

The foregoing appropriation item 333-402, Resident Trainees,	43498
shall be used to fund training agreements entered into by the	43499
Department of Mental Health for the development of curricula and	43500
the provision of training programs to support public mental health	43501
services.	43502

PRE-ADMISSION SCREENING EXPENSES

43503

The foregoing appropriation item 333-403, Pre-Admission	43504
Screening Expenses, shall be used to pay for costs to ensure that	43505
uniform statewide methods for pre-admission screening are in place	43506
to perform assessments for persons in need of mental health	43507
services or for whom institutional placement in a hospital or in	43508
another inpatient facility is sought. Pre-admission screening	43509
includes the following activities: pre-admission assessment,	43510
consideration of continued stay requests, discharge planning and	43511
referral, and adjudication of appeals and grievance procedures.	43512

RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION

43513

The foregoing appropriation item 333-415, Lease-Rental	43514
Payments, shall be used to meet all payments at the times they are	43515
required to be made during the period from July 1, 2001, to June	43516
30, 2003, by the Department of Mental Health pursuant to leases	43517
and agreements made under section 154.20 of the Revised Code, but	43518
limited to the aggregate amount of $51,030,200. Nothing in this	43519
act shall be deemed to contravene the obligation of the state to	43520
pay, without necessity for further appropriation, from the sources	43521
pledged thereto, the bond service charges on obligations issued	43522
pursuant to section 154.20 of the Revised Code.	43523

Section 73.01. DIVISION OF MENTAL HEALTH - HOSPITALS	43524

General Revenue Fund

43525

General Services Fund Group

43529

Federal Special Revenue Fund Group

43534

State Special Revenue Fund Group

43541

COMMUNITY MENTAL HEALTH BOARD RISK FUND

43547

The foregoing appropriation item 334-636, Community Mental	43548
Health Board Risk Fund, shall be used to make payments pursuant to	43549
section 5119.62 of the Revised Code.	43550

Section 73.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	43551
SERVICES	43552

General Revenue Fund

43553

General Services Fund Group

43558

Federal Special Revenue Fund Group

43562

State Special Revenue Fund Group

43567

Section 73.03.  COMMUNITY MEDICATION SUBSIDY

43586

The foregoing appropriation item 335-419, Community	43587
Medication Subsidy, shall be used to provide subsidized support	43588
for psychotropic medication needs of indigent citizens in the	43589
community to reduce unnecessary hospitalization because of lack of	43590
medication and to provide subsidized support for methadone costs.	43591

GENERAL COMMUNITY MENTAL HEALTH PROGRAMS

43592

The foregoing appropriation item 335-502, Community Mental	43593
Health Programs, shall be distributed by the Department of Mental	43594
Health on a per capita basis to community mental health boards.	43595

The purpose of the appropriation is to provide subsidized	43596
support for general mental health services to Ohioans. The range	43597
of mental health services eligible for funding shall be defined in	43598
a Department of Mental Health rule. Community mental health	43599
boards shall allocate funds in support of these services in	43600
accordance with the mental health needs of the community.	43601

MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS

43602

The foregoing appropriation item 335-508, Services for	43603
Severely Mentally Disabled, shall be used to fund mental health	43604
services for adults and children who meet or have formerly met	43605
criteria established by the Department of Mental Health under its	43606
definition of severely mentally disabled. Those adults and	43607
children who constitute severely mentally disabled include those	43608
with a history of recent or chronic psychiatric hospitalizations,	43609
a history of psychosis, a prognosis of continued severe social and	43610
adaptive functioning impairment, or those certified impaired by	43611
the Social Security Administration for reasons of mental illness.	43612
In addition to the above, children and adolescents who are	43613
currently determined to be severely mentally disabled, or who are	43614
at risk of becoming severely mental disabled, and who are already	43615
in or about to enter the juvenile justice system, or child welfare	43616
system, or receiving special education services within the	43617
education system may also receive services funded by appropriation	43618
item 335-508, Services for Severely Mentally Disabled.	43619

Of the foregoing appropriation item 335-508, Services for	43620
Severely Mentally Disabled, $100,000 in each fiscal year shall be	43621
used to fund family and consumer education and support.	43622

Of the foregoing appropriation item 335-508, Services for	43623
Severely Mentally Disabled, $2.7 million in each fiscal year shall	43624
be used to transfer cash from the General Revenue Fund to Fund	43625
4N8, Family Stability Incentive. This transfer shall be made	43626
using an intrastate transfer voucher.	43627

MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS

43628

Any cash transferred for juvenile offenders projects from the	43629
Department of Youth Services, the Department of Job and Family	43630
Services, the Office of Criminal Justice Services, or other state	43631
agencies to the Department of Mental Health (Fund 149) shall be	43632
used by the Department of Mental Health to fund local mental	43633
health services to juvenile offenders projects that are designed	43634
to address the mental health needs of juvenile offenders with	43635
serious mental illness.	43636

BEHAVIORAL HEALTH MEDICAID SERVICES

43637

The Department of Mental Health shall administer specified	43638
Medicaid Services as delegated by the Department of Job and Family	43639
Services in an interagency agreement. The foregoing appropriation	43640
item 333-607, Behavioral Health Medicaid Services, may be used to	43641
make payments for free-standing psychiatric hospital inpatient	43642
services as defined in an interagency agreement with the	43643
Department of Job and Family Services.	43644

Section 74.  DMR DEPARTMENT OF MENTAL RETARDATION	43645

AND DEVELOPMENTAL DISABILITIES

43646

Section 74.01.  GENERAL ADMINISTRATION AND STATEWIDE

43647

SERVICES

43648

General Revenue Fund

43649

General Services Fund Group

43655

Federal Special Revenue Fund Group

43659

LEASE-RENTAL PAYMENTS

43668

The foregoing appropriation item 320-415, Lease-Rental	43669
Payments, shall be used to meet all payments at the times they are	43670
required to be made during the period from July 1, 2001, to June	43671
30, 2003, by the Department of Mental Retardation and	43672
Developmental Disabilities pursuant to leases and agreements made	43673
under section 154.20 of the Revised Code, but limited to the	43674
aggregate amount of $51,030,200. Nothing in this act shall be	43675
deemed to contravene the obligation of the state to pay, without	43676
necessity for further appropriation, from the sources pledged	43677
thereto, the bond service charges on obligations issued pursuant	43678
to section 154.20 of the Revised Code.	43679

Section 74.02. COMMUNITY SERVICES

43680

General Revenue Fund

43681

General Services Fund Group

43689

Federal Special Revenue Fund Group

43698

State Special Revenue Fund Group

43713

RESIDENTIAL AND SUPPORT SERVICES

43720

The foregoing appropriation item 322-413, Residential and	43721
Support Services, shall be used for any of the following:	43722

(A) Home and community-based waiver services pursuant to	43723
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	43724
U.S.C. 301, as amended;	43725

(B) Services contracted by county boards of mental	43726
retardation and developmental disabilities;	43727

(C) Supported living services contracted by county boards of	43728
mental retardation and developmental disabilities in accordance	43729
with sections 5126.40 to 5126.47 of the Revised Code;	43730

(D) Sermak Class Services used to implement the requirements	43731
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220,	43732
United States District Court for the Southern District of Ohio,	43733
Eastern Division;	43734

(E) Other Medicaid-reimbursed programs, in an amount not to	43735
exceed $1,000,000 in each fiscal year, that enable persons with	43736
mental retardation and developmental disabilities to live in the	43737
community.	43738

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	43739
the Department of Mental Retardation and Developmental	43740
Disabilities may develop residential and support service programs	43741
that enable persons with mental retardation and developmental	43742
disabilities to live in the community. Notwithstanding Chapter	43743
5121. and section 5123.122 of the Revised Code, the department may	43744
waive the support collection requirements of those statutes for	43745
persons in community programs developed by the department under	43746
this section. The department shall adopt rules under Chapter 119.	43747
of the Revised Code or may use existing rules for the	43748
implementation of these programs.	43749

The Department of Mental Retardation and Developmental	43750
Disabilities may designate a portion of appropriation item	43751
332-413, Residential and Support Services, to county boards of	43752
mental retardation and developmental disabilities that have	43753
greater need for various residential and support services due to a	43754
low percentage of residential and support services development in	43755
comparison to the number of individuals with mental retardation or	43756
developmental disabilities in the county.	43757

Of the foregoing appropriation item 322-413, Residential and	43758
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in	43759
fiscal year 2003 shall be distributed by the Department to county	43760
boards of mental retardation and developmental disabilities to	43761
support Medicaid activities provided for in the component of a	43762
county board's plan developed under division (A)(2) of section	43763
5126.054 of the Revised Code and approved under section 5123.046	43764
of the Revised Code. Up to $3,000,000 of these funds in each	43765
fiscal year may be used to implement day-to-day program management	43766
services under division (A)(2) of section 5126.054 of the Revised	43767
Code. Up to $4,200,000 in each fiscal year may be used to	43768
implement the program and health and welfare requirements of	43769
division (A)(2) of section 5126.054 of the Revised Code.	43770

In fiscal years 2002 and 2003, not less than $2,500,000 and	43771
$2,650,000, respectively, of these funds shall be used to recruit	43772
and retain, under division (A)(2) of section 5126.054 of the	43773
Revised Code, the direct care staff necessary to implement the	43774
services included in an individualized service plan in a manner	43775
that ensures the health and welfare of the individuals being	43776
served.	43777

FAMILY SUPPORT SERVICES

43778

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	43779
5126.11 of the Revised Code, the Department of Mental Retardation	43780
and Developmental Disabilities may implement programs funded by	43781
appropriation item 322-451, Family Support Services, to provide	43782
assistance to persons with mental retardation or developmental	43783
disabilities and their families who are living in the community.	43784
The department shall adopt rules to implement these programs.	43785

CASE MANAGEMENT

43786

The foregoing appropriation item 322-452, Case Management,	43787
shall be allocated to county boards of mental retardation and	43788
developmental disabilities for the purpose of providing case	43789
management services and to assist in bringing state funding for	43790
all department-approved case managers within county boards of	43791
mental retardation and developmental disabilities to the level	43792
authorized in division (D) of section 5126.15 of the Revised Code.	43793
The department may request approval from the Controlling Board to	43794
transfer any unobligated appropriation authority from other state	43795
General Revenue Fund appropriation items within the department's	43796
budget to appropriation item 322-452, Case Management, to be used	43797
to meet the statutory funding level in division (D) of section	43798
5126.15 of the Revised Code.	43799

Notwithstanding division (D) of section 5126.15 of the	43800
Revised Code and subject to funding in appropriation item 322-452,	43801
Case Management, no county may receive less than its allocation in	43802
fiscal year 1995.	43803

STATE SUBSIDIES TO MR/DD BOARDS

43804

Of the foregoing appropriation item 322-501, County Boards	43805
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in	43806
fiscal year 2003 shall be used to fund the tax equalization	43807
program created under sections 5126.16 to 5126.18 of the Revised	43808
Code for county boards of mental retardation and developmental	43809
disabilities. The tax equalization program shall utilize the	43810
average daily membership of adults 22 years of age and older in	43811
habilitation and community employment services only for the yield	43812
on 1/2 mills.	43813

After funding the tax equalization program, the Department of	43814
Mental Retardation and Developmental Disabilities shall distribute	43815
the remaining appropriation authority in appropriation item	43816
322-501, County Boards Subsidies, to county boards of mental	43817
retardation and developmental disabilities for subsidies	43818
distributed pursuant to section 5126.12 of the Revised Code to the	43819
limit of the lesser of the amount required by that section or the	43820
remaining balance of the appropriation authority in appropriation	43821
item 322-501 prorated to all county boards of mental retardation	43822
and developmental disabilities.	43823

INTERSYSTEM SERVICES FOR CHILDREN

43824

The foregoing appropriation item 322-645, Intersystem	43825
Services for Children, shall be used to support direct grants to	43826
county family and children first councils created under section	43827
121.37 of the Revised Code. The funds shall be used as partial	43828
support payment and reimbursement for locally coordinated	43829
treatment plans for multi-needs children that come to the	43830
attention of the Family and Children First Cabinet Council	43831
pursuant to section 121.37 of the Revised Code. Any child	43832
referred for funding under this program must have an	43833
individualized educational plan (IEP) in place. The Department of	43834
Mental Retardation and Developmental Disabilities may use up to	43835
five per cent of this amount for administrative expenses	43836
associated with the distribution of funds to the county councils.	43837

WAIVER - MATCH

43838

The foregoing appropriation item 322-604, Waiver-Match (Fund	43839
4K8), shall be used as state matching funds for the home and	43840
community-based waivers.	43841

The Department of Job and Family Services may enter into an	43842
interagency agreement with the Department of Mental Retardation	43843
and Developmental Disabilities providing for the Department of	43844
Mental Retardation and Developmental Disabilities to operate the	43845
program.	43846

DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A MODEL BILLING FOR	43847
SERVICES RENDERED	43848

Developmental centers of the Department of Mental Retardation	43849
and Developmental Disabilities may provide services to persons	43850
with mental retardation or developmental disabilities living in	43851
the community or to providers of services to these persons. The	43852
department may develop a methodology for recovery of all costs	43853
associated with the provisions of these services.	43854

Section 74.03.  RESIDENTIAL FACILITIES

43855

General Revenue Fund

43856

General Services Fund Group

43860

Federal Special Revenue Fund Group

43865

State Special Revenue Fund Group

43874

Section 75.  MIH COMMISSION ON MINORITY HEALTH	43892

General Revenue Fund

43893

Federal Special Revenue Fund Group

43898

State Special Revenue Fund Group

43902

LUPUS PROGRAM

43907

The foregoing appropriation item 149-502, Lupus Program,	43908
shall be used to provide grants for programs in patient, public,	43909
and professional education on the subject of systemic lupus	43910
erythemtosus; to encourage and develop local centers on lupus	43911
information gathering and screening; and to provide outreach to	43912
minority women.	43913

Section 76.  CRB MOTOR VEHICLE COLLISION REPAIR	43914

REGISTRATION BOARD

43915

General Service Fund Group

43916

Section 77.  DNR DEPARTMENT OF NATURAL RESOURCES

43922

General Revenue Fund

43923

General Services Fund Group

43947

Federal Special Revenue Fund Group

43967

State Special Revenue Fund Group

43983

Wildlife Fund Group

44007

Waterways Safety Fund Group

44015

Holding Account Redistribution Fund Group

44026

Accrued Leave Liability Fund Group

44031

Section 77.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT	44037
SERVICE	44038

The foregoing appropriation item 725-903, Natural Resources	44039
General Obligation Debt Service, shall be used to pay all debt	44040
service and financing costs at the times they are required to be	44041
made pursuant to sections 151.01 and 151.05 of the Revised Code	44042
during the period from July 1, 2001, to June 30, 2003. The Office	44043
of the Sinking Fund or the Director of Budget and Management shall	44044
effectuate the required payments by an intrastate transfer	44045
voucher.	44046

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

44047

The foregoing appropriation item 725-904, Conservation	44048
General Obligation Debt Service, shall be used to pay all debt	44049
service and financing costs at the times they are required to be	44050
made pursuant to section 151.01 of the Revised Code and other	44051
implementing legislation during the period from July 1, 2001, to	44052
June 30, 2003. The Office of the Sinking Fund or the Director of	44053
Budget and Management shall effectuate the required payments by an	44054
intrastate transfer voucher.	44055

LEASE RENTAL PAYMENTS

44056

The foregoing appropriation item 725-413, OPFC Lease Rental	44057
Payments, shall be used to meet all payments at the times they are	44058
required to be made during the period from July 1, 2001, to June	44059
30, 2003, by the Department of Natural Resources pursuant to	44060
leases and agreements made under section 154.22 of the Revised	44061
Code, but limited to the aggregate amount of $30,490,500. Nothing	44062
in this act shall be deemed to contravene the obligation of the	44063
state to pay, without necessity for further appropriation, from	44064
the sources pledged thereto, the bond service charges on	44065
obligations issued pursuant to section 154.22 of the Revised Code.	44066

FOUNTAIN SQUARE

44067

The foregoing appropriation item 725-404, Fountain Square	44068
Rental Payments - OBA, shall be used by the Department of Natural	44069
Resources to meet all payments required to be made to the Ohio	44070
Building Authority during the period from July 1, 2001, to June	44071
30, 2003, pursuant to leases and agreements with the Ohio Building	44072
Authority under section 152.241 of the Revised Code, but limited	44073
to the aggregate amount of $2,181,500.	44074

The Director of Natural Resources, using intrastate transfer	44075
vouchers, shall make payments to the General Revenue Fund from	44076
funds other than the General Revenue Fund to reimburse the General	44077
Revenue Fund for the other funds' shares of the lease rental	44078
payments to the Ohio Building Authority. The transfers from the	44079
non-General Revenue funds shall be made within 10 days of the	44080
payment to the Ohio Building Authority for the actual amounts	44081
necessary to fulfill the leases and agreements pursuant to section	44082
152.241 of the Revised Code.	44083

The foregoing appropriation item 725-664, Fountain Square	44084
Facilities Management (Fund 635), shall be used for payment of	44085
repairs, renovation, utilities, property management, and building	44086
maintenance expenses for the Fountain Square Complex. Cash	44087
transferred by intrastate transfer vouchers from various	44088
department funds and rental income received by the Department of	44089
Natural Resources shall be deposited to the Fountain Square	44090
Facilities Management Fund (Fund 635).	44091

Section 77.02. CENTRAL SUPPORT INDIRECT

44092

With the exception of the Division of Wildlife, whose	44093
indirect central support charges shall be paid out of the General	44094
Revenue Fund from the foregoing appropriation item 725-401,	44095
Wildlife - GRF Central Support, the Department of Natural	44096
Resources, with the approval of the Director of Budget and	44097
Management, shall utilize a methodology for determining each	44098
division's payments into the Central Support Indirect Fund (Fund	44099
157). The methodology used shall contain the characteristics of	44100
administrative ease and uniform application. Payments to the	44101
Central Support Indirect Fund shall be made using an intrastate	44102
transfer voucher.	44103

WILDLIFE LICENSE REIMBURSEMENT

44104

Notwithstanding the limits of the transfer from the General	44105
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	44106
of the Revised Code, up to the amount available in appropriation	44107
item 725-425, Wildlife License Reimbursement, may be transferred	44108
from the General Revenue Fund to the Wildlife Fund (Fund 015).	44109
Pursuant to the certification of the Director of Budget and	44110
Management of the amount of foregone revenue in accordance with	44111
section 1533.15 of the Revised Code, the foregoing appropriation	44112
item in the General Revenue Fund, appropriation item 725-425,	44113
Wildlife License Reimbursement, shall be used to reimburse the	44114
Wildlife Fund (Fund 015) for the cost of hunting and fishing	44115
licenses and permits issued after June 30, 1990, to individuals	44116
who are exempted under the Revised Code from license, permit, and	44117
stamp fees.	44118

SOIL AND WATER DISTRICTS

44119

In addition to state payments to soil and water conservation	44120
districts authorized by section 1515.10 of the Revised Code, the	44121
Department of Natural Resources may pay to any soil and water	44122
conservation district, from authority in appropriation item	44123
725-502, Soil and Water Districts, an annual amount not to exceed	44124
$30,000, upon receipt of a request and justification from the	44125
district and approval by the Ohio Soil and Water Conservation	44126
Commission. The county auditor shall credit the payments to the	44127
special fund established under section 1515.10 of the Revised Code	44128
for the local soil and water conservation district. Moneys	44129
received by each district shall be expended for the purposes of	44130
the district.	44131

Of the foregoing appropriation item 725-502, Soil and Water	44132
Districts, $150,000 in each fiscal year shall be distributed to	44133
the Muskingum Watershed Conservancy District and $50,000 in each	44134
fiscal year shall be distributed to the Livestock Assurance	44135
Program.	44136

Of the foregoing appropriation 725-502, Soil and Water	44137
Districts, $136,000 shall be earmarked in fiscal year 2002 for	44138
Indian Lake, $56,000 per fiscal year for the Conservation Action	44139
Program, $48,000 in fiscal year 2002 for Millcreek Valley	44140
Conservation District, $40,000 per fiscal year for Wills Creek	44141
Reservoir, $120,000 in fiscal year 2002 for the relocation of	44142
Route 30, and $100,000 per fiscal year for Rush Creek Conservancy	44143
District.	44144

DIVISION OF SOIL AND WATER

44145

Of the foregoing appropriation item 737-321, Division of Soil	44146
and Water, $220,000 in each fiscal year shall be distributed to	44147
the Water Quality Laboratory located at Heidelberg College.	44148

CANAL LANDS

44149

The foregoing appropriation item 725-456, Canal Lands, shall	44150
be used to transfer funds to the Canal Lands Fund (Fund 430) to	44151
provide operating expenses for the State Canal Lands Program. The	44152
transfer shall be made using an intrastate transfer voucher and	44153
shall be subject to the approval of the Director of Budget and	44154
Management.	44155

WATERCRAFT MARINE PATROL

44156

Of the foregoing appropriation item 739-401, Division of	44157
Watercraft, not more than $200,000 in each fiscal year shall be	44158
expended for the purchase of equipment for marine patrols	44159
qualifying for funding from the Department of Natural Resources	44160
pursuant to section 1547.67 of the Revised Code. Proposals for	44161
equipment shall accompany the submission of documentation for	44162
receipt of a marine patrol subsidy pursuant to section 1547.67 of	44163
the Revised Code and shall be loaned to eligible marine patrols	44164
pursuant to a cooperative agreement between the Department of	44165
Natural Resources and the eligible marine patrol.	44166

FUND CONSOLIDATION

44167

On July 15, 2001, or as soon thereafter as possible, the	44168
Director of Budget and Management shall transfer the cash balances	44169
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	44170
any amounts that accrue to that fund after that date, to the	44171
Wildlife Education Fund (Fund 015). The Director shall cancel any	44172
remaining outstanding encumbrances against appropriation item	44173
725-612, Wildlife Education, and reestablish them against	44174
appropriation item 740-401, Division of Wildlife Conservation. The	44175
amounts of any encumbrances canceled and reestablished are	44176
appropriated.	44177

On July 15, 2001, or as soon thereafter as possible, the	44178
Director of Budget and Management shall transfer the cash balances	44179
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	44180
30, 2001, and any amounts that accrue to that fund after that	44181
date, to the Waterways Safety Fund (Fund 086). The director shall	44182
cancel any remaining outstanding encumbrances against	44183
appropriation item 725-614, Cooperative Boat Harbor Projects, and	44184
reestablish them against appropriation item 739-401, Division of	44185
Watercraft. The amounts of any encumbrances canceled and	44186
reestablished are hereby appropriated.	44187

On July 15, 2001, or as soon thereafter as possible, the	44188
Director of Budget and Management shall transfer the cash balances	44189
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	44190
and any amounts that accrue to that fund after that date, to the	44191
State Forest Fund (Fund 509). The director shall cancel any	44192
remaining outstanding encumbrances against appropriation item	44193
725-617, Forestry Development Fund, and reestablish them against	44194
appropriation item 725-602, State Forest. The amounts of any	44195
encumbrances canceled and reestablished are appropriated. No	44196
interest shall be credited to Fund 4B8 after June 30, 2001.	44197

On July 15, 2001, or as soon thereafter as possible, the	44198
Director of Budget and Management shall transfer the cash balance	44199
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	44200
the repeal of section 1507.12 of the Revised Code in this act, to	44201
the Burr Oak Regional Water District.	44202

OIL AND GAS WELL PLUGGING

44203

The foregoing appropriation item 725-677, Oil and Gas Well	44204
Plugging, shall be used exclusively for the purposes of plugging	44205
wells and to properly restore the land surface of idle and orphan	44206
oil and gas wells pursuant to section 1509.071 of the Revised	44207
Code. No funds from the appropriation item shall be used for	44208
salaries, maintenance, equipment, or other administrative	44209
purposes, except for those costs directly attributed to the	44210
plugging of an idle or orphan well. Appropriation authority from	44211
this line item shall not be transferred to any other fund or line	44212
item.	44213

Section 78.  NUR STATE BOARD OF NURSING	44214

General Services Fund Group

44215

NURSING SPECIAL ISSUES	44221

The foregoing appropriation item 884-601, Nursing Special	44222
Issues (Fund 5P8), shall be used to pay the costs the Board of	44223
Nursing incurs in implementing section 4723.062 of the Revised	44224
Code.	44225

Section 79.  PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	44226

AND ATHLETIC TRAINERS BOARD

44227

General Services Fund Group

44228

Section 80.  OLA OHIOANA LIBRARY ASSOCIATION

44234

General Revenue Fund

44235

Section 81.  ODB OHIO OPTICAL DISPENSERS BOARD	44240

General Services Fund Group

44241

Section 82.  OPT STATE BOARD OF OPTOMETRY	44247

General Services Fund Group

44248

Section 83.  PBR STATE PERSONNEL BOARD OF REVIEW	44254

General Revenue Fund

44255

General Services Fund Group

44258

TRANSCRIPT AND OTHER

44263

The foregoing appropriation item 124-601, Transcript and	44264
Other, may be used to produce and distribute transcripts and other	44265
documents. Revenues generated by charges for transcripts and	44266
other documents shall be deposited in the Transcripts and Other	44267
Fund (Fund 636).	44268

Section 84.  PRX STATE BOARD OF PHARMACY	44269

General Services Fund Group

44270

Section 85.  SCR STATE BOARD OF PROPRIETARY SCHOOL	44277

REGISTRATION

44278

General Revenue Fund

44279

Section 86.  PSY STATE BOARD OF PSYCHOLOGY	44286

General Services Fund Group

44287

Section 87.  PUB OHIO PUBLIC DEFENDER COMMISSION	44293

General Revenue Fund

44294

General Services Fund Group

44303

Federal Special Revenue Fund Group

44311

State Special Revenue Fund Group

44317

INDIGENT DEFENSE OFFICE

44325

The foregoing appropriation items 019-404, Trumbull County -	44326
State Share, and 019-610, Trumbull County - County Share, shall be	44327
used to support an indigent defense office for Trumbull County.	44328

MULTI-COUNTY OFFICE

44329

The foregoing appropriation items 019-403, Multi-County:	44330
State Share, and 019-601, Multi-County: County Share, shall be	44331
used to support the Office of the Ohio Public Defender's	44332
Multi-County Branch Office program.	44333

TRAINING ACCOUNT

44334

The foregoing appropriation item 019-405, Training Account,	44335
shall be used by the Ohio Public Defender to provide legal	44336
training programs at no cost for private appointed counsel who	44337
represent at least one indigent defendant at no cost, and for	44338
state and county public defenders and attorneys who contract with	44339
the Ohio Public Defender to provide indigent defense services.	44340

FEDERAL REPRESENTATION

44341

The foregoing appropriation item 019-608, Federal	44342
Representation, shall be used to receive reimbursements from the	44343
federal courts when the Ohio Public Defender provides	44344
representation on federal court cases.	44345

Section 88.  DHS DEPARTMENT OF PUBLIC SAFETY

44346

General Revenue Fund

44347

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

44354

Of the foregoing appropriation item 763-403, Operating	44355
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	44356
the Ohio Task Force One - Urban Search and Rescue Unit and other	44357
urban search and rescue programs around the state to create a	44358
stronger search and rescue capability statewide.	44359

IFG STATE MATCH

44360

The foregoing appropriation item 763-507, Individual and	44361
Family Grants, shall be used to fund the state share of costs to	44362
provide grants to individuals and families in cases of disaster.	44363

Section 89.  PUC PUBLIC UTILITIES COMMISSION OF OHIO	44364

General Services Fund Group

44365

Federal Special Revenue Fund Group

44372

State Special Revenue Fund Group

44378

Agency Fund Group

44391

BIOMASS ENERGY PROGRAM FUND

44395

The Biomass Energy Program Fund created by section 4905.87 of	44396
the Revised Code is the same fund, with a new name, as the	44397
Biofuels/Municipal Waste Technology Fund created by the	44398
Controlling Board in January 1988.	44399

Section 90. PWC PUBLIC WORKS COMMISSION

44400

General Revenue Fund

44401

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

44407

The foregoing appropriation item 150-907, State Capital	44408
Improvements General Obligation Debt Service, shall be used to pay	44409
all debt service and financing costs at the times they are	44410
required to be made pursuant to sections 151.01, 151.08, and	44411
164.10 of the Revised Code during the period from July 1, 2001, to	44412
June 30, 2003. The Office of the Sinking Fund or the Director of	44413
Budget and Management shall effectuate the required payments by an	44414
intrastate transfer voucher.	44415

Section 91.  RAC STATE RACING COMMISSION	44416

State Special Revenue Fund Group

44417

Holding Account Redistribution Fund Group

44425

Section 92.  BOR BOARD OF REGENTS

44431

General Revenue Fund

44432

General Services Fund Group

44500

Federal Special Revenue Fund Group

44505

State Special Revenue Fund Group

44515

Section 92.01.  STATE SHARE OF INSTRUCTION

44524

As soon as practicable during each fiscal year of the	44525
2001-2003 biennium in accordance with instructions of the Board of	44526
Regents, each state-assisted institution of higher education shall	44527
report its actual enrollment to the Board of Regents.	44528

The Board of Regents shall establish procedures required by	44529
the system of formulas set out below and for the assignment of	44530
individual institutions to categories described in the formulas.	44531
The system of formulas establishes the manner in which aggregate	44532
expenditure requirements shall be determined for each of the three	44533
components of institutional operations. In addition to other	44534
adjustments and calculations described below, the subsidy	44535
entitlement of an institution shall be determined by subtracting	44536
from the institution's aggregate expenditure requirements income	44537
to be derived from the local contributions assumed in calculating	44538
the subsidy entitlements. The local contributions for purposes of	44539
determining subsidy support shall not limit the authority of the	44540
individual boards of trustees to establish fee levels.	44541

The General Studies and Technical models shall be adjusted by	44542
the Board of Regents so that the share of state subsidy earned by	44543
those models is not altered by changes in the overall local share.	44544
A lower-division fee differential shall be used to maintain the	44545
relationship that would have occurred between these models and the	44546
baccalaureate models had an assumed share of thirty-seven per cent	44547
been funded.	44548

In defining the number of full-time equivalent (FTE) students	44549
for state subsidy purposes, the Board of Regents shall exclude	44550
all undergraduate students who are not residents of Ohio, except	44551
those charged in-state fees in accordance with reciprocity	44552
agreements made pursuant to section 3333.17 or employer contracts	44553
entered into pursuant to section 3333.32 of the Revised Code.	44554

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

44555

(1) INSTRUCTION AND SUPPORT SERVICES

44556

(2) STUDENT SERVICES

44572

For this purpose, FTE counts shall be weighted to reflect	44573
differences among institutions in the numbers of students enrolled	44574
on a part-time basis.	44575

(B) PLANT OPERATION AND MAINTENANCE (POM)

44591

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

44592

Space undergoing renovation shall be funded at the rate	44593
allowed for storage space.	44594

In the calculation of square footage for each campus, square	44595
footage shall be weighted to reflect differences in space	44596
utilization.	44597

The space inventories for each campus shall be those	44598
determined in the fiscal year 1999 instructional subsidy, adjusted	44599
for changes attributable to the construction or renovation of	44600
facilities for which state appropriations were made or local	44601
commitments were made prior to January 1, 1995.	44602

Only 50 per cent of the space permanently taken out of	44603
operation in fiscal year 2002 or fiscal year 2003 that is not	44604
otherwise replaced by a campus shall be deleted from the fiscal	44605
year 1997 inventory.	44606

The square-foot-based plant operation and maintenance subsidy	44607
for each campus shall be determined as follows:	44608

(a) For each standard room type category shown below, the	44609
subsidy-eligible net assignable square feet (NASF) for each campus	44610
shall be multiplied by the following rates, and the amounts summed	44611
for each campus to determine the total gross square-foot-based POM	44612
expenditure requirement:	44613

(b) The total gross square-foot POM expenditure requirement	44622
shall be allocated to models in proportion to FTE enrollments as	44623
reported in enrollment data for all models except Doctoral I and	44624
Doctoral II.	44625

(c) The amounts allocated to models in division (B)(1)(b) of	44626
this section shall be multiplied by the ratio of subsidy-eligible	44627
FTE students to total FTE students reported in each model, and the	44628
amounts summed for all models. To this total amount shall be	44629
added an amount to support roads and grounds expenditures to	44630
produce the total square-foot-based POM subsidy.	44631

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

44632

(a) The number of subsidy-eligible FTE students in each	44633
model shall be multiplied by the following rates for each campus	44634
for each fiscal year.	44635

(b) The sum of the products for each campus determined in	44651
division (B)(2)(a) of this section for all models except Doctoral	44652
I and Doctoral II for each fiscal year shall be weighted by a	44653
factor to reflect sponsored research activity and job	44654
training-related public services expenditures to determine the	44655
total activity-based POM subsidy.	44656

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

44657

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

44658

The calculation of the core subsidy entitlement shall consist	44659
of the following components:	44660

(a) For each campus and for each fiscal year, the core	44661
subsidy entitlement shall be determined by multiplying the amounts	44662
listed above in divisions (A)(1) and (2) and (B)(2) of this	44663
section less assumed local contributions, by (i) average	44664
subsidy-eligible FTEs for the two-year period ending in the prior	44665
year for all models except Doctoral I and Doctoral II; and (ii)	44666
average subsidy-eligible FTEs for the five-year period ending in	44667
the prior year for all models except Doctoral I and Doctoral II.	44668

(b) In calculating the core subsidy entitlements for Medical	44669
II models only, the Board of Regents shall use the following count	44670
of FTE students in place of the two-year average and five-year	44671
average of subsidy-eligible students:	44672

(i) For those medical schools whose current year enrollment	44673
is below the base enrollment, the Medical II FTE enrollment shall	44674
equal: 65 per cent of the base enrollment plus 35 per cent of the	44675
current year enrollment, where the base enrollment is:	44676

(ii) For those medical schools whose current year enrollment	44683
is equal to or greater than the base enrollment, the Medical II	44684
FTE enrollment shall equal the current enrollment.	44685

(c) For all FTE-based subsidy calculations involving	44686
annualized FTE data, FTE-based allowances shall be converted from	44687
annualized to all-terms rates to ensure equity and consistency of	44688
subsidy determination.	44689

(d) The Board of Regents shall compute the sum of the two	44690
calculations listed in division (C)(1)(a) of this section and use	44691
the greater sum as the core subsidy entitlement.	44692

The POM subsidy for each campus shall equal the greater of	44693
the square-foot-based subsidy or the activity-based POM subsidy	44694
component of the core subsidy entitlement.	44695

(e) The state share of instruction provided for doctoral	44696
students shall be based on a fixed percentage of the total	44697
appropriation. In fiscal year 2002, not more than 10.34 per cent	44698
of the total state share of instruction shall be reserved to	44699
implement the recommendations of the Graduate Funding Commission.	44700
In fiscal year 2003, not more than 10.25 per cent of the total	44701
state share of instruction shall be reserved for the same purpose.	44702
It is the intent of the General Assembly that the doctoral reserve	44703
be reduced 0.25 percentage points each year thereafter until no	44704
more than 10.0 per cent of the total state share of instruction	44705
is reserved to implement the recommendations of the Graduate	44706
Funding Commission. The Board of Regents shall reallocate 0 per	44707
cent in fiscal year 2002 and 2 per cent in fiscal year 2003 of the	44708
reserve among the state-assisted universities on the basis of a	44709
quality review as specified in the recommendations of the Graduate	44710
Funding Commission.	44711

The amount so reserved shall be allocated to universities in	44712
proportion to their share of the total number of Doctoral I	44713
equivalent FTEs as calculated on an institutional basis using the	44714
greater of the two-year or five-year FTEs for the period fiscal	44715
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	44716
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	44717
adjusted to reflect the effects of doctoral review. For the	44718
purposes of this calculation, Doctoral I equivalent FTEs shall	44719
equal the sum of Doctoral I FTEs plus 1.5 times the sum of	44720
Doctoral II FTEs.	44721

(2) ANNUAL HOLD HARMLESS PROVISION

44722

In addition to and after the other adjustment noted above, in	44723
fiscal year 2002 each campus shall have its state share of	44724
instruction adjusted to the extent necessary to provide an amount	44725
that is not less than 100 per cent of the state share of	44726
instruction received by the campus in fiscal year 2001. In fiscal	44727
year 2003, each campus shall have its state share of instruction	44728
adjusted to the extent necessary to provide an amount that is not	44729
less than 100 per cent of the state share of instruction received	44730
by the campus in fiscal year 2002.	44731

(3) CAPITAL COMPONENT DEDUCTION

44732

After all other adjustments have been made, instructional	44733
subsidy earnings shall be reduced for each campus by the amount,	44734
if any, by which debt service charged in Am. H.B. No. 748 of the	44735
121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General	44736
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for	44737
that campus exceeds that campus's capital component earnings.	44738

(D) REDUCTIONS IN EARNINGS

44739

If the total state share of instruction earnings in any	44740
fiscal year exceed the total appropriations available for such	44741
purposes, the Board of Regents shall proportionately reduce the	44742
state share of instruction earnings for all campuses by a uniform	44743
percentage so that the systemwide sum equals available	44744
appropriations.	44745

(E) EXCEPTIONAL CIRCUMSTANCES

44746

Adjustments may be made to the state share of instruction	44747
payments and other subsidies distributed by the Board of Regents	44748
to state-assisted colleges and universities for exceptional	44749
circumstances. No adjustments for exceptional circumstances may	44750
be made without the recommendation of the Chancellor and the	44751
approval of the Controlling Board.	44752

DISTRIBUTION OF STATE SHARE OF INSTRUCTION

44753

The state share of instruction payments to the institutions	44754
shall be in substantially equal monthly amounts during the fiscal	44755
year, unless otherwise determined by the Director of Budget and	44756
Management pursuant to section 126.09 of the Revised Code.	44757
Payments during the first six months of the fiscal year shall be	44758
based upon the state share of instruction appropriation estimates	44759
made for the various institutions of higher education according to	44760
Board of Regents enrollment estimates. Payments during the last	44761
six months of the fiscal year shall be distributed after approval	44762
of the Controlling Board upon the request of the Board of	44763
Regents.	44764

LAW SCHOOL SUBSIDY

44765

The state share of instruction to state-supported	44766
universities for students enrolled in law schools in fiscal year	44767
2002 and fiscal year 2003 shall be calculated by using the number	44768
of subsidy-eligible FTE law school students funded by state	44769
subsidy in fiscal year 1995 or the actual number of	44770
subsidy-eligible FTE law school students at the institution in the	44771
fiscal year, whichever is less.	44772

Section 92.02. MISSION-BASED CORE FUNDING FOR HIGHER	44773
EDUCATION	44774

JOBS CHALLENGE

44775

Funds appropriated to appropriation item 235-415, Jobs	44776
Challenge, shall be distributed to state-assisted community and	44777
technical colleges, regional campuses of state-assisted	44778
universities, and other organizationally distinct and identifiable	44779
member campuses of the EnterpriseOhio Network in support of	44780
noncredit job-related training. In fiscal years 2002 and 2003,	44781
$2,114,673 and $1,981,841, respectively, shall be distributed as	44782
performance grants to EnterpriseOhio Network campuses based upon	44783
each campus's documented performance according to criteria	44784
established by the Board of Regents for increasing training and	44785
related services to businesses, industries, and public sector	44786
organizations.	44787

Of the foregoing appropriation item 235-415, Jobs Challenge,	44788
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003	44789
shall be allocated to the Targeted Industries Training Grant	44790
Program to attract, develop, and retain business and industry	44791
strategically important to the state's economy.	44792

Also, in fiscal years 2002 and 2003, $2,991,513 and	44793
$3,629,797, respectively, shall be allocated to the Non-credit	44794
Incentives Grant Program to reward two-year campuses for	44795
increasing the amount of non-credit skill upgrading services	44796
provided to Ohio employers and employees. The funds shall be	44797
distributed to campuses in proportion to each campus's share of	44798
noncredit job-related training revenues received by all campuses	44799
for the previous fiscal year. It is the intent of the General	44800
Assembly that this workforce development incentive component of	44801
the Jobs Challenge Program reward campus noncredit job-related	44802
training efforts in the same manner that the Research Challenge	44803
Program rewards campuses for their ability to obtain sponsored	44804
research revenues.	44805

Of the foregoing appropriation item 235-415, Jobs Challenge,	44806
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003	44807
shall be allocated as an incentive to support local EnterpriseOhio	44808
Network Campus/Adult Workforce Education Center Partnerships. The	44809
purpose of the partnerships is to promote and deliver coordinated,	44810
comprehensive training to local employers. Each partnership shall	44811
include a formal agreement between one or more EnterpriseOhio	44812
Network campus and one or more adult workforce education center	44813
for the delivery of training services. The Department of	44814
Education and Board of Regents shall jointly award funds to	44815
certified EnterpriseOhio campus/adult workforce education center	44816
partnerships to offer training grants to eligible companies. A	44817
certified EnterpriseOhio Network/adult workforce education center	44818
partnership is one that has been documented and approved by the	44819
Board of Regents and the Department of Education according to	44820
partnership criteria established jointly by those agencies. An	44821
eligible company is one that meets the funding criteria of the	44822
Targeted Industries Training Grant Program. The amount set aside	44823
for the partnerships is designed to match an equal appropriation	44824
in the Department of Education's appropriation item 200-514,	44825
Post-Secondary/Adult Career-Technical Education. The Department	44826
of Education's appropriation also serves as a partnership-building	44827
incentive by allocating funds to local EnterpriseOhio Network	44828
campus/adult workforce education center partnerships.	44829

ACCESS CHALLENGE

44830

In each fiscal year, the foregoing appropriation item	44831
235-418, Access Challenge, shall be distributed to Ohio's	44832
state-assisted access colleges and universities. For the	44833
purposes of this allocation, "access campuses" includes	44834
state-assisted community colleges, state community colleges,	44835
technical colleges, Shawnee State University, Central State	44836
University, Cleveland State University, the regional campuses of	44837
state-assisted universities, and, where they are organizationally	44838
distinct and identifiable, the community-technical colleges	44839
located at the University of Cincinnati, Youngstown State	44840
University, and the University of Akron.	44841

In each year of the biennium, Access Challenge appropriations	44842
shall be allocated to eligible campuses according to the following	44843
methodology:	44844

(A) Each campus shall receive an amount equal to four per	44845
cent of the product of its subsidy-eligible lower-division FTE	44846
student enrollments for the prior fiscal year multiplied by the	44847
unweighted average of in-state undergraduate instructional and	44848
general fees for community colleges, state community colleges,	44849
technical colleges, and regional campuses in fiscal year 2001.	44850

(B) All remaining appropriations shall be allocated to each	44851
campus proportionate to its share of the sum of FTEs used in the	44852
distribution of access funds in the prior fiscal year updated with	44853
the most recent FTE data available.	44854

For the purposes of this calculation, Cleveland State	44855
University's and Youngstown State University's enrollments shall	44856
be adjusted by the ratio of the sum of subsidy-eligible	44857
lower-division FTE student enrollments eligible for access funding	44858
to the sum of subsidy-eligible General Studies FTE student	44859
enrollments at Central State University and Shawnee State	44860
University, and for the following universities and their regional	44861
campuses: Ohio State University, Ohio University, Kent State	44862
University, Bowling Green State University, Miami University, the	44863
University of Cincinnati, the University of Akron, and Wright	44864
State University.	44865

Boards of trustees of access colleges and universities shall	44866
limit resident lower-division undergraduate instructional and	44867
general fee increases for an academic year over the amounts	44868
charged in the prior academic year to no more than three per cent.	44869
These fee increase limitations apply even if an institutional	44870
board of trustees has, prior to the effective date of this	44871
section, voted to assess a higher fee for the 2001-2002 academic	44872
year.	44873

SUCCESS CHALLENGE

44874

The foregoing appropriation item 235-420, Success Challenge,	44875
shall be used by the Board of Regents to promote degree	44876
completion by students enrolled at a main campus of a	44877
state-assisted university.	44878

In each fiscal year, two-thirds of the appropriations shall	44879
be distributed to state-assisted university main campuses in	44880
proportion to each campus's share of the total statewide	44881
bachelor's degrees granted by university main campuses to	44882
"at-risk" students. In fiscal years 2002 and 2003, an "at-risk"	44883
student means any undergraduate student who has received an Ohio	44884
Instructional Grant during the past ten years. An eligible	44885
institution shall not receive its share of this distribution until	44886
it has submitted a plan that addresses how the subsidy will be	44887
used to better serve at-risk students and increase their	44888
likelihood of successful completion of a bachelor's degree	44889
program. The Board of Regents shall disseminate to all	44890
state-supported institutions of higher education all such plans	44891
submitted by institutions that received Success Challenge funds.	44892

In each fiscal year, one-third of the appropriations shall be	44893
distributed to university main campuses in proportion to each	44894
campus's share of the total bachelor's degrees granted by	44895
university main campuses to undergraduate students who completed	44896
their bachelor's degrees in a "timely manner" in the previous	44897
fiscal year. For the purposes of this section, "timely manner"	44898
means the normal time it would take for a full-time degree-seeking	44899
undergraduate student to complete the student's degree. Generally,	44900
for such students pursuing a bachelor's degree, "timely manner"	44901
means four years. Exceptions to this general rule shall be	44902
permitted for students enrolled in programs specifically designed	44903
to be completed in a longer time period. The Board of Regents	44904
shall collect base-line data beginning with the 1998-99 academic	44905
year to assess the timely completion statistics by university main	44906
campuses.	44907

RESEARCH CHALLENGE

44908

The foregoing appropriation item 235-454, Research Challenge,	44909
shall be used to enhance the basic research capabilities of public	44910
colleges and universities and accredited Ohio institutions of	44911
higher education holding certificates of authorization issued	44912
pursuant to section 1713.02 of the Revised Code, in order to	44913
strengthen academic research for pursuing Ohio's economic	44914
redevelopment goals. The Board of Regents, in consultation with	44915
the colleges and universities, shall administer the Research	44916
Challenge Program and utilize a means of matching, on a fractional	44917
basis, external funds attracted in the previous year by	44918
institutions for basic research. The program may include	44919
incentives for increasing the amount of external research funds	44920
coming to eligible institutions and for focusing research efforts	44921
upon critical state needs. Colleges and universities shall submit	44922
for review and approval to the Board of Regents plans for the	44923
institutional allocation of state dollars received through the	44924
program. The institutional plans shall provide the rationale for	44925
the allocation in terms of the strategic targeting of funds for	44926
academic and state purposes, for strengthening research programs,	44927
and for increasing the amount of external research funds, and	44928
shall include an evaluation process to provide results of the	44929
increased support.	44930

The Board of Regents shall submit a biennial report of	44931
progress to the General Assembly.	44932

COMPUTER SCIENCE GRADUATE EDUCATION

44933

The foregoing appropriation item 235-554, Computer Science	44934
Graduate Education, shall be used by the Board of Regents to	44935
support improvements in graduate programs in computer science at	44936
state-assisted universities. In each fiscal year, up to $200,000	44937
may be used to support collaborative efforts in graduate education	44938
in this program area.	44939

Section 92.03.  HIGHER EDUCATION - BOARD OF TRUSTEES

44940

Funds appropriated for instructional subsidies at colleges	44941
and universities may be used to provide such branch or other	44942
off-campus undergraduate courses of study and such master's degree	44943
courses of study as may be approved by the Board of Regents.	44944

In providing instructional and other services to students,	44945
boards of trustees of state-assisted institutions of higher	44946
education shall supplement state subsidies by income from charges	44947
to students. Each board shall establish the fees to be charged to	44948
all students, including an instructional fee for educational and	44949
associated operational support of the institution and a general	44950
fee for noninstructional services, including locally financed	44951
student services facilities used for the benefit of enrolled	44952
students. The instructional fee and the general fee shall	44953
encompass all charges for services assessed uniformly to all	44954
enrolled students. Each board may also establish special purpose	44955
fees, service charges, and fines as required; such special purpose	44956
fees and service charges shall be for services or benefits	44957
furnished individual students or specific categories of students	44958
and shall not be applied uniformly to all enrolled students. A	44959
tuition surcharge shall be paid by all students who are not	44960
residents of Ohio.	44961

Boards of trustees of individual state-assisted universities	44962
shall limit combined university main campus in-state undergraduate	44963
instructional and general fee increases for the academic year	44964
2001-2002 over the amounts charged in the prior academic year to	44965
no more than six per cent. The boards of trustees of individual	44966
state-assisted universities shall not authorize combined	44967
university main campus in-state undergraduate instructional and	44968
general fee increases for the academic year 2001-2002 of more than	44969
four per cent in a single vote. These fee increase limitations	44970
apply even if an institutional board of trustees has, prior to the	44971
effective date of this section, voted to assess a higher fee for	44972
the 2001-2002 academic year. These limitations shall not apply to	44973
increases required to comply with institutional covenants related	44974
to their obligations or to meet unfunded legal mandates or legally	44975
binding obligations incurred or commitments made prior to the	44976
effective date of this section with respect to which the	44977
institution had identified such fee increases as the source of	44978
funds. Any increase required by such covenants and any such	44979
mandates, obligations, or commitments shall be reported by the	44980
Board of Regents to the Controlling Board. These limitations may	44981
also be modified by the Board of Regents, with the approval of	44982
the Controlling Board, to respond to exceptional circumstances as	44983
identified by the Board of Regents.	44984

The board of trustees of a state-assisted institution of	44985
higher education shall not authorize a waiver or nonpayment of	44986
instructional fees or general fees for any particular student or	44987
any class of students other than waivers specifically authorized	44988
by law or approved by the Chancellor. This prohibition is not	44989
intended to limit the authority of boards of trustees to provide	44990
for payments to students for services rendered the institution,	44991
nor to prohibit the budgeting of income for staff benefits or for	44992
student assistance in the form of payment of such instructional	44993
and general fees.	44994

Each state-assisted institution of higher education in its	44995
statement of charges to students shall separately identify the	44996
instructional fee, the general fee, the tuition charge, and the	44997
tuition surcharge. Fee charges to students for instruction shall	44998
not be considered to be a price of service but shall be considered	44999
to be an integral part of the state government financing program	45000
in support of higher educational opportunity for students.	45001

In providing the appropriations in support of instructional	45002
services at state-assisted institutions of higher education and	45003
the appropriations for other instruction it is the intent of the	45004
General Assembly that faculty members shall devote a proper and	45005
judicious part of their work week to the actual instruction of	45006
students. Total class credit hours of production per quarter per	45007
full-time faculty member is expected to meet the standards set	45008
forth in the budget data submitted by the Board of Regents.	45009

The authority of government vested by law in the boards of	45010
trustees of state-assisted institutions of higher education shall	45011
in fact be exercised by those boards. Boards of trustees may	45012
consult extensively with appropriate student and faculty groups.	45013
Administrative decisions about the utilization of available	45014
resources, about organizational structure, about disciplinary	45015
procedure, about the operation and staffing of all auxiliary	45016
facilities, and about administrative personnel shall be the	45017
exclusive prerogative of boards of trustees. Any delegation of	45018
authority by a board of trustees in other areas of responsibility	45019
shall be accompanied by appropriate standards of guidance	45020
concerning expected objectives in the exercise of such delegated	45021
authority and shall be accompanied by periodic review of the	45022
exercise of this delegated authority to the end that the public	45023
interest, in contrast to any institutional or special interest,	45024
shall be served.	45025

OSU LIMITED TUITION CAP EXEMPTION

45026

In addition to the six per cent main campus in-state	45027
undergraduate instructional and general fee increase limit	45028
established in this section, the board of trustees of The Ohio	45029
State University may authorize an additional university main	45030
campus in-state undergraduate instructional and general fee	45031
increase for academic year 2002 over the amounts charged in the	45032
prior academic years of no more than a $4 per credit hour per	45033
quarter increase, or $144 for a full-time student for an academic	45034
year.	45035

The amount of this increase above the six per cent main	45036
campus in-state undergraduate instructional and graduate fee	45037
increase limit established in this section shall be used	45038
exclusively to enhance undergraduate education. Areas of	45039
enhancement shall include increased financial aid for	45040
undergraduate students and improvements in academic programming	45041
and support services for undergraduate students pursuant to a	45042
plan approved by the board of trustees of The Ohio State	45043
University. The Ohio State University shall ensure that the	45044
additional increases above the six per cent main campus in-state	45045
undergraduate instructional and general fee increase limit do not	45046
limit access to academically qualified financial aid-eligible	45047
students.	45048

By December 30, 2002, The Ohio State University shall provide	45049
a report to the Board of Regents that indicates how the additional	45050
funds have been utilized to enhance undergraduate education during	45051
that period.	45052

Section 92.04.  MEDICAL SCHOOL SUBSIDIES

45053

The foregoing appropriation item 235-515, Case Western	45054
Reserve University School of Medicine, shall be disbursed to Case	45055
Western Reserve University through the Board of Regents in	45056
accordance with agreements entered into as provided for by section	45057
3333.10 of the Revised Code, provided that the state support per	45058
full-time medical student shall not exceed that provided to	45059
full-time medical students at state universities.	45060

The foregoing appropriation items 235-536, Ohio State	45061
University Clinical Teaching; 235-537, University of Cincinnati	45062
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	45063
Clinical Teaching; 235-539, Wright State University Clinical	45064
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	45065
Northeastern Ohio Universities College of Medicine Clinical	45066
Teaching, shall be distributed through the Board of Regents.	45067

The foregoing appropriation item 235-572, Ohio State	45068
University Clinic Support, shall be distributed through the Board	45069
of Regents to The Ohio State University for support of dental and	45070
veterinary medicine clinics.	45071

The Board of Regents shall develop plans consistent with	45072
existing criteria and guidelines as may be required for the	45073
distribution of appropriation items 235-519, Family Practice,	45074
235-525, Geriatric Medicine, and 235-526, Primary Care	45075
Residencies.	45076

Of the foregoing appropriation item 235-539, Wright State	45077
University Clinical Teaching, $160,000 in each fiscal year shall	45078
be for the use of Wright State University's Ellis Institute for	45079
Clinical Teaching Studies to operate the clinical facility to	45080
serve the Greater Dayton area.	45081

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

45082

The Board of Regents, in consultation with the	45083
state-assisted medical colleges, shall develop performance	45084
standards for medical education. Special emphasis in the	45085
standards shall be placed on attempting to ensure that at least 50	45086
per cent of the aggregate number of students enrolled in	45087
state-assisted medical colleges continue to enter residency as	45088
primary care physicians. Primary care physicians are general	45089
family practice physicians, general internal medicine	45090
practitioners, and general pediatric care physicians. The Board	45091
of Regents shall monitor medical school performance in relation	45092
to their plans for reaching the 50 per cent systemwide standard	45093
for primary care physicians.	45094

The foregoing appropriation item 235-526, Primary Care	45095
Residencies, shall be distributed in each fiscal year of the	45096
biennium, based on whether the institution has submitted and	45097
gained approval for a plan. If the institution does not have an	45098
approved plan, it shall receive five per cent less funding per	45099
student than it would have received from its annual allocation.	45100
The remaining funding shall be distributed among those	45101
institutions that meet or exceed their targets.	45102

AREA HEALTH EDUCATION CENTERS

45103

The foregoing appropriation item 235-474, Area Health	45104
Education Centers Program Support, shall be used by the Board of	45105
Regents to support the medical school regional area health	45106
education centers' educational programs for the continued support	45107
of medical and other health professions education and for support	45108
of the Area Health Education Center Program.	45109

Of the foregoing appropriation item 235-474, Area Health	45110
Education Centers Program Support, $200,000 in each fiscal year	45111
shall be disbursed to the Ohio University College of Osteopathic	45112
Medicine for the establishment of a mobile health care unit to	45113
serve the southeastern area of the state. Of the foregoing	45114
appropriation item 235-474, Area Health Education Centers Program	45115
Support, $150,000 in each fiscal year shall be used to support the	45116
Ohio Valley Community Health Information Network (OVCHIN) project.	45117

Section 92.05. MIDWEST HIGHER EDUCATION COMPACT	45118

The foregoing appropriation item 235-408, Midwest Higher	45119
Education Compact, shall be distributed by the Board of Regents	45120
pursuant to section 3333.40 of the Revised Code.	45121

COLLEGE READINESS INITIATIVES

45122

Appropriation item 235-404, College Readiness Initiatives,	45123
shall be used by the Board of Regents to support programs	45124
designed to improve the ability of high school students to enroll	45125
and succeed in higher education.	45126

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

45127

Appropriation item 235-403, Math/Science Teaching	45128
Improvement, shall be used by the Board of Regents to support	45129
programs designed to raise the quality of mathematics and science	45130
teaching in primary and secondary education.	45131

OHIO LEARNING NETWORK

45132

Appropriation item 235-417, Ohio Learning Network, shall be	45133
used by the Board of Regents to support the continued	45134
implementation of the Ohio Learning Network, a statewide	45135
electronic collaborative effort designed to promote degree	45136
completion of students, workforce training of employees, and	45137
professional development through the use of advanced	45138
telecommunications and distance education initiatives.	45139

DISPLACED HOMEMAKERS

45140

Out of the foregoing appropriation item 235-509, Displaced	45141
Homemakers, the Board of Regents shall continue funding pilot	45142
projects authorized in Am. Sub. H.B. No. 291 of the 115th General	45143
Assembly for the following centers: Cuyahoga Community College,	45144
University of Toledo, Southern State Community College, and Stark	45145
Technical College. The amount of $30,000 in each fiscal year	45146
shall be used for the Baldwin-Wallace Single Parents Reaching Out	45147
for Unassisted Tomorrows program.	45148

OHIO AEROSPACE INSTITUTE

45149

The foregoing appropriation item 235-527, Ohio Aerospace	45150
Institute, shall be distributed by the Board of Regents under	45151
section 3333.042 of the Revised Code.	45152

PRODUCTIVITY IMPROVEMENT CHALLENGE

45153

The foregoing appropriation item 235-455, Productivity	45154
Improvement Challenge, shall be allocated by the Board of Regents	45155
to continue increasing the capabilities of the EnterpriseOhio	45156
Network to meet the ongoing training needs of Ohio employers.	45157
Funds shall support multicampus collaboration, best practice	45158
dissemination, and capacity building projects. The Regents	45159
Advisory Committee for Workforce Development, in its advisory	45160
role, shall advise in the development of plans and activities.	45161

Of the foregoing appropriation item 235-455, Productivity	45162
Improvement Challenge, $208,000 in each fiscal year shall be used	45163
by the Dayton Business/Sinclair College Jobs Profiling Program.	45164

ACCESS IMPROVEMENT PROJECTS

45165

The foregoing appropriation item 235-477, Access Improvement	45166
Projects, shall be used by the Board of Regents to develop	45167
innovative statewide strategies to increase student access and	45168
retention for specialized populations, and to provide for pilot	45169
projects that will contribute to improving access to higher	45170
education by specialized populations. The funds may be used for	45171
projects that improve access for nonpublic secondary students.	45172

Of the foregoing appropriation item 235-477, Access	45173
Improvement Projects, $740,000 in each fiscal year shall be	45174
distributed to the Appalachian Center for Higher Education at	45175
Shawnee State University. The board of directors of the center	45176
shall consist of the presidents of Shawnee State University, Ohio	45177
University, Belmont Technical College, Hocking Technical College,	45178
Jefferson Community College, Muskingum Area Technical College, Rio	45179
Grande Community College, Southern State Community College, and	45180
Washington State Community College; the dean of either the Salem	45181
or East Liverpool regional campus of Kent State University, as	45182
designated by the president of Kent State University; a	45183
representative of the Board of Regents designated by the	45184
Chancellor; and other members as may be determined by the Board of	45185
Regents.	45186

Of the foregoing appropriation item 235-477, Access	45187
Improvement Projects, $50,000 in fiscal year 2002 shall be	45188
distributed to the University of Rio Grande Site Improvement	45189
Planning project.	45190

Of the foregoing appropriation item 235-477, Access	45191
Improvement Projects, $135,000 in fiscal year 2002 shall be used	45192
to support the Access Appalachia Project.	45193

OHIO SUPERCOMPUTER CENTER

45194

The foregoing appropriation item 235-510, Ohio Supercomputer	45195
Center, shall be used by the Board of Regents to support the	45196
operation of the center, located at The Ohio State University, as	45197
a statewide resource available to Ohio research universities both	45198
public and private. It is also intended that the center be made	45199
accessible to private industry as appropriate. Policies of the	45200
center shall be established by a governance committee,	45201
representative of Ohio's research universities and private	45202
industry, to be appointed by the Chancellor of the Board of	45203
Regents and established for this purpose.	45204

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

45205

The foregoing appropriation item 235-556, Ohio Academic	45206
Resources Network, shall be used to support the operations of the	45207
Ohio Academic Resources Network, which shall include support for	45208
Ohio's state-assisted colleges and universities in maintaining and	45209
enhancing network connections.	45210

Section 92.06. PLEDGE OF FEES*

45211

Any new pledge of fees, or new agreement for adjustment of	45212
fees, made in the 2001-2003 biennium to secure bonds or notes of a	45213
state-assisted institution of higher education for a project for	45214
which bonds or notes were not outstanding on the effective date of	45215
this section shall be effective only after approval by the Board	45216
of Regents, unless approved in a previous biennium.	45217

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

45218

The foregoing appropriation item 235-909, Higher Education	45219
General Obligation Debt Service, shall be used to pay all debt	45220
service and financing costs at the times they are required to be	45221
made pursuant to sections 151.01 and 151.04 of the Revised Code	45222
during the period from July 1, 2001, to June 30, 2003. The Office	45223
of the Sinking Fund or the Director of Budget and Management shall	45224
effectuate the required payments by an interstate transfer	45225
voucher.	45226

LEASE RENTAL PAYMENTS

45227

The foregoing appropriation item 235-401, Lease Rental	45228
Payments, shall be used to meet all payments at the times they are	45229
required to be made during the period from July 1, 2001, to June	45230
30, 2003, by the Board of Regents pursuant to leases and	45231
agreements made under section 154.21 of the Revised Code, but	45232
limited to the aggregate amount of $563,969,000. Nothing in this	45233
act shall be deemed to contravene the obligation of the state to	45234
pay, without necessity for further appropriation, from the sources	45235
pledged thereto, the bond service charges on obligations issued	45236
pursuant to section 154.21 of the Revised Code.	45237

Section 92.07. OHIO INSTRUCTIONAL GRANTS

45238

Notwithstanding section 3333.12 of the Revised Code, in lieu	45239
of the tables in that section, instructional grants for all	45240
full-time students shall be made for fiscal year 2002 using the	45241
tables under this heading.	45242

The tables under this heading prescribe the maximum grant	45243
amounts covering two semesters, three quarters, or a comparable	45244
portion of one academic year. The grant amount for a full-time	45245
student enrolled in an eligible institution for a semester or	45246
quarter in addition to the portion of the academic year covered by	45247
a grant determined under these tables shall be a percentage of the	45248
maximum prescribed in the applicable table. The maximum grant for	45249
a fourth quarter shall be one-third of the maximum amount	45250
prescribed under the table. The maximum grant for a third semester	45251
shall be one-half of the maximum amount prescribed under the	45252
table.	45253

For a full-time student who is a dependent and enrolled in a	45254
nonprofit educational institution that is not a state-assisted	45255
institution and that has a certificate of authorization issued	45256
pursuant to Chapter 1713. of the Revised Code, the amount of the	45257
instructional grant for two semesters, three quarters, or a	45258
comparable portion of the academic year shall be determined in	45259
accordance with the following table:	45260

Private Institution

45261

Table of Grants

45262

For a full-time student who is financially independent and	45283
enrolled in a nonprofit educational institution that is not a	45284
state-assisted institution and that has a certificate of	45285
authorization issued pursuant to Chapter 1713. of the Revised	45286
Code, the amount of the instructional grant for two semesters,	45287
three quarters, or a comparable portion of the academic year shall	45288
be determined in accordance with the following table:	45289

Private Institution

45290

Table of Grants

45291

For a full-time student who is a dependent and enrolled in an	45313
educational institution that holds a certificate of registration	45314
from the state board of proprietary school registration, the	45315
amount of the instructional grant for two semesters, three	45316
quarters, or a comparable portion of the academic year shall be	45317
determined in accordance with the following table:	45318

Proprietary Institution

45319

Table of Grants

45320

For a full-time student who is financially independent and	45341
enrolled in an educational institution that holds a certificate of	45342
registration from the state board of proprietary school	45343
registration, the amount of the instructional grant for two	45344
semesters, three quarters, or a comparable portion of the academic	45345
year shall be determined in accordance with the following table:	45346

Proprietary Institution

45347

Table of Grants

45348

For a full-time student who is a dependent and enrolled in a	45370
state-assisted educational institution, the amount of the	45371
instructional grant for two semesters, three quarters, or a	45372
comparable portion of the academic year shall be determined in	45373
accordance with the following table:	45374

Public Institution

45375

Table of Grants

45376

For a full-time student who is financially independent and	45397
enrolled in a state-assisted educational institution, the amount	45398
of the instructional grant for two semesters, three quarters, or a	45399
comparable portion of the academic year shall be determined in	45400
accordance with the following table:	45401

Public Institution

45402

Table of Grants

45403

The foregoing appropriation item 235-503, Ohio Instructional	45425
Grants, shall be used to make the payments authorized by division	45426
(C) of section 3333.26 of the Revised Code to the institutions	45427
described in that division. In addition, this appropriation shall	45428
be used to reimburse the institutions described in division (B) of	45429
section 3333.26 of the Revised Code for the cost of the waivers	45430
required by that division.	45431

WAR ORPHANS SCHOLARSHIPS

45432

The foregoing appropriation item 235-504, War Orphans	45433
Scholarships, shall be used to reimburse state-assisted	45434
institutions of higher education for waivers of instructional fees	45435
and general fees provided by them, to provide grants to	45436
institutions that have received a certificate of authorization	45437
from the Ohio Board of Regents under Chapter 1713. of the Revised	45438
Code, in accordance with the provisions of section 5910.04 of the	45439
Revised Code, and to fund additional scholarship benefits provided	45440
by section 5910.032 of the Revised Code.	45441

PART-TIME STUDENT INSTRUCTIONAL GRANTS

45442

The foregoing appropriation item 235-549, Part-time Student	45443
Instructional Grants, shall be used to support a grant program for	45444
part-time undergraduate students who are Ohio residents and who	45445
are enrolled in degree granting programs.	45446

Eligibility for participation in the program shall include	45447
degree granting educational institutions that hold a certificate	45448
of registration from the State Board of Proprietary School	45449
Registration, and nonprofit institutions that have a certificate	45450
of authorization issued pursuant to Chapter 1713. of the Revised	45451
Code, as well as state-assisted colleges and universities. Grants	45452
shall be given to students on the basis of need, as determined by	45453
the college, which, in making these determinations, shall give	45454
special consideration to single-parent heads-of-household and	45455
displaced homemakers who enroll in an educational degree program	45456
that prepares the individual for a career. In determining need,	45457
the college also shall consider the availability of educational	45458
assistance from a student's employer. It is the intent of the	45459
General Assembly that these grants not supplant such assistance.	45460

Section 92.08. STUDENT CHOICE GRANTS

45461

The foregoing appropriation item 235-531, Student Choice	45462
Grants, shall be used to support the Student Choice Grant Program	45463
created by section 3333.27 of the Revised Code.	45464

ACADEMIC SCHOLARSHIPS

45465

The foregoing appropriation item 235-530, Academic	45466
Scholarships, shall be used to provide academic scholarships to	45467
students under section 3333.22 of the Revised Code. The annual	45468
scholarship amount awarded to any student who receives a	45469
scholarship for the 2001-2002 academic year shall be $2,100, and	45470
the annual scholarship amount awarded to any student who receives	45471
a scholarship for the 2002-2003 academic year shall be $2,205.	45472

PHYSICIAN LOAN REPAYMENT

45473

The foregoing appropriation item 235-604, Physician Loan	45474
Repayment, shall be used in accordance with sections 3702.71 to	45475
3702.81 of the Revised Code.	45476

NURSING LOAN PROGRAM

45477

The foregoing appropriation item 235-606, Nursing Loan	45478
Program, shall be used to administer the nurse education	45479
assistance program. Up to $159,600 in fiscal year 2002 and	45480
$167,580 in fiscal year 2003 may be used for operating expenses	45481
associated with the program. Any additional funds needed for the	45482
administration of the program are subject to Controlling Board	45483
approval.	45484

Section 92.09. COOPERATIVE EXTENSION SERVICE	45485

Of the foregoing appropriation item 235-511, Cooperative	45486
Extension Service, $210,000 in each fiscal year shall be used for	45487
additional staffing for county agents for expanded 4-H activities.	45488
Of the foregoing appropriation item 235-511, Cooperative Extension	45489
Service, $210,000 in each fiscal year shall be used by the	45490
Cooperative Extension Service, through the Enterprise Center for	45491
Economic Development in cooperation with other agencies, for a	45492
public-private effort to create and operate a small business	45493
economic development program to enhance the development of	45494
alternatives to the growing of tobacco, and implement, through	45495
applied research and demonstration, the production and marketing	45496
of other high-value crops and value-added products. Of the	45497
foregoing appropriation item 235-511, Cooperative Extension	45498
Service, $65,000 in each fiscal year shall be used for farm labor	45499
mediation and education programs. Of the foregoing appropriation	45500
item 235-511, Cooperative Extension Service, $215,000 in each	45501
fiscal year shall be used to support the Ohio State University	45502
Marion Enterprise Center.	45503

Of the foregoing appropriation item 235-511, Cooperative	45504
Extension Service, $910,500 in each fiscal year shall be used to	45505
support the Ohio Watersheds Initiative.	45506

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

45507

Of the foregoing appropriation item 235-535, Ohio	45508
Agricultural Research and Development Center, $950,000 in each	45509
fiscal year shall be distributed to the Piketon Agricultural	45510
Research and Extension Center.	45511

Of the foregoing appropriation item 235-535, Ohio	45512
Agricultural Research and Development Center, $250,000 in each	45513
fiscal year shall be distributed to the	45514
Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	45515
State University Medical College in cooperation with the Ohio	45516
State University College of Agriculture.	45517

Of the foregoing appropriation item 235-535, Ohio	45518
Agricultural Research and Development Center, $50,000 in each	45519
fiscal year shall be used to support the Ohio Berry Administrator.	45520

Of the foregoing appropriation item 235-535, Ohio	45521
Agricultural Research and Development Center, $100,000 in each	45522
fiscal year shall be used for the development of agricultural	45523
crops and products not currently in widespread production in Ohio,	45524
in order to increase the income and viability of family farmers.	45525

COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH	45526
AND DEVELOPMENT CENTER	45527

The foregoing appropriation items 235-511, Cooperative	45528
Extension Service, and 235-535, Ohio Agricultural Research and	45529
Development Center, shall be disbursed through the Board of	45530
Regents to The Ohio State University in monthly payments, unless	45531
otherwise determined by the Director of Budget and Management	45532
pursuant to section 126.09 of the Revised Code. Of the foregoing	45533
appropriation item 235-535, Ohio Agricultural Research and	45534
Development Center, $540,000 in each fiscal year shall be used to	45535
purchase equipment.	45536

The Ohio Agricultural Research and Development Center shall	45537
not be required to remit payment to The Ohio State University	45538
during the 2001-2003 biennium for cost reallocation assessments.	45539
The cost reallocation assessments include, but are not limited to,	45540
any assessment on state appropriations to the center.	45541

Section 92.10.  SEA GRANTS

45542

The foregoing appropriation item 235-402, Sea Grants, shall	45543
be disbursed to The Ohio State University and shall be used to	45544
conduct research on fish in Lake Erie.	45545

INFORMATION SYSTEM

45546

The foregoing appropriation item 235-409, Information System,	45547
shall be used by the Board of Regents to operate the higher	45548
education information data system known as the Higher Education	45549
Information System.	45550

STUDENT SUPPORT SERVICES

45551

The foregoing appropriation item 235-502, Student Support	45552
Services, shall be distributed by the Board of Regents to Ohio's	45553
state-assisted colleges and universities that incur	45554
disproportionate costs in the provision of support services to	45555
disabled students.	45556

CENTRAL STATE SUPPLEMENT

45557

The foregoing appropriation item 235-514, Central State	45558
Supplement, shall be used by Central State University to keep	45559
undergraduate fees below the statewide average, consistent with	45560
its mission of service to many first-generation college students	45561
from groups historically underrepresented in higher education and	45562
from families with limited incomes.	45563

SHAWNEE STATE SUPPLEMENT

45564

The foregoing appropriation item 235-520, Shawnee State	45565
Supplement, shall be used by Shawnee State University as detailed	45566
by both of the following:	45567

(A) To allow Shawnee State University to keep its	45568
undergraduate fees below the statewide average, consistent with	45569
its mission of service to an economically depressed Appalachian	45570
region;	45571

(B) To allow Shawnee State University to employ new faculty	45572
to develop and teach in new degree programs that meet the needs of	45573
Appalachians.	45574

POLICE AND FIRE PROTECTION

45575

The foregoing appropriation item 235-524, Police and Fire	45576
Protection, shall be used for police and fire services in the	45577
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	45578
Portsmouth, Xenia Township (Greene County), and Rootstown	45579
Township, which may be used to assist these local governments in	45580
providing police and fire protection for the central campus of the	45581
state-affiliated university located therein. Each participating	45582
municipality and township shall receive at least five thousand	45583
dollars per year. Funds shall be distributed by the Board of	45584
Regents.	45585

SCHOOL OF INTERNATIONAL BUSINESS

45586

Of the foregoing appropriation item 235-547, School of	45587
International Business, $1,218,764 in each fiscal year shall be	45588
used for the continued development and support of the School of	45589
International Business of the state universities of northeast	45590
Ohio. The money shall go to the University of Akron. These funds	45591
shall be used by the university to establish a School of	45592
International Business located at the University of Akron. It may	45593
confer with Kent State University, Youngstown State University,	45594
and Cleveland State University as to the curriculum and other	45595
matters regarding the school.	45596

Of the foregoing appropriation item 235-547, School of	45597
International Business, $245,000 in each fiscal year shall be used	45598
by the University of Toledo College of Business for expansion of	45599
its international business programs.	45600

Of the foregoing appropriation item 235-547, School of	45601
International Business, $245,000 in each fiscal year shall be used	45602
by to support the Ohio State University MUCIA program.	45603

CAPITAL COMPONENT

45604

The foregoing appropriation item 235-552, Capital Component,	45605
shall be used by the Board of Regents to implement the capital	45606
funding policy for state-assisted colleges and universities	45607
established in Am. H.B. No. 748 of the 121st General Assembly.	45608
Appropriations from this item shall be distributed to all campuses	45609
for which the estimated campus debt service attributable to new	45610
qualifying capital projects is less than the campus's	45611
formula-determined capital component allocation. Campus	45612
allocations shall be determined by subtracting the estimated	45613
campus debt service attributable to new qualifying capital	45614
projects from the campus formula-determined capital component	45615
allocation. Moneys distributed from this appropriation item shall	45616
be restricted to capital-related purposes.	45617

DAYTON AREA GRADUATE STUDIES INSTITUTE

45618

The foregoing appropriation item 235-553, Dayton Area	45619
Graduate Studies Institute, shall be used by the Board of Regents	45620
to support the Dayton Area Graduate Studies Institute, an	45621
engineering graduate consortium of three universities in the	45622
Dayton area: Wright State University, the University of Dayton,	45623
and the Air Force Institute of Technology, with the participation	45624
of the University of Cincinnati and The Ohio State University.	45625

LONG-TERM CARE RESEARCH

45626

The foregoing appropriation item 235-558, Long-term Care	45627
Research, shall be disbursed to Miami University for long-term	45628
care research.	45629

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

45630

The foregoing appropriation item 235-561, Bowling Green State	45631
University Canadian Studies Center, shall be used by the Canadian	45632
Studies Center at Bowling Green State University to study	45633
opportunities for Ohio and Ohio businesses to benefit from the	45634
Free Trade Agreement between the United States and Canada.	45635

URBAN UNIVERSITY PROGRAMS

45636

Of the foregoing appropriation item 235-583, Urban University	45637
Programs, universities receiving funds that are used to support an	45638
ongoing university unit shall certify periodically in a manner	45639
approved by the Board of Regents that program funds are being	45640
matched on a one-to-one basis with equivalent resources. Overhead	45641
support may not be used to meet this requirement. Where Urban	45642
University Program funds are being used to support an ongoing	45643
university unit, matching funds must come from continuing rather	45644
than one-time sources. At each participating state-assisted	45645
institution of higher education, matching funds must be within the	45646
substantial control of the individual designated by the	45647
institution's president as the Urban University Program	45648
representative.	45649

Of the foregoing appropriation item 235-583, Urban University	45650
Programs, $372,400 in each fiscal year shall be used to support a	45651
public communication outreach program (WCPN). The primary purpose	45652
of the program shall be to develop a relationship between	45653
Cleveland State University and nonprofit communications entities.	45654

Of the foregoing appropriation item 235-583, Urban University	45655
Programs, $176,400 in each fiscal year shall be used to support	45656
the Center for the Interdisciplinary Study of Education and the	45657
Urban Child at Cleveland State University. These funds shall be	45658
distributed according to rules adopted by the Board of Regents and	45659
shall be used by the center for interdisciplinary activities	45660
targeted toward increasing the chance of lifetime success of the	45661
urban child, including interventions beginning with the prenatal	45662
period. The primary purpose of the center is to study issues in	45663
urban education and to systematically map directions for new	45664
approaches and new solutions by bringing together a cadre of	45665
researchers, scholars, and professionals representing the social,	45666
behavioral, education, and health disciplines.	45667

Of the foregoing appropriation item 235-583, Urban University	45668
Programs, $254,800 in each fiscal year shall be used to support	45669
the Kent State University Learning and Technology Project. This	45670
project is a kindergarten through university collaboration between	45671
schools surrounding Kent's eight campuses in northeast Ohio, and	45672
corporate partners who will assist in development and delivery.	45673

The Kent State University Project shall provide a faculty	45674
member who has a full-time role in the development of	45675
collaborative activities and teacher instructional programming	45676
between Kent and the K-12th grade schools that surround its eight	45677
campuses; appropriate student support staff to facilitate these	45678
programs and joint activities; and hardware and software to	45679
schools that will make possible the delivery of instruction to	45680
pre-service and in-service teachers, and their students, in their	45681
own classrooms or school buildings. This shall involve the	45682
delivery of low-bandwidth streaming video and web-based	45683
technologies in a distributed instructional model.	45684

Of the foregoing appropriation item 235-583, Urban University	45685
Programs, $98,000 in each fiscal year shall be used to support the	45686
Ameritech Classroom/Center for Research at Kent State University.	45687

Of the foregoing appropriation item 235-583, Urban University	45688
Programs, $980,000 in each fiscal year shall be used to support	45689
the Polymer Distance Learning Project at the University of Akron.	45690

Of the foregoing appropriation item 235-583, Urban University	45691
Programs, $49,000 in each fiscal year shall be distributed to the	45692
Kent State University/Cleveland Design Center program.	45693

Of the foregoing appropriation item 235-583, Urban University	45694
Programs, $245,000 in each fiscal year shall be used to support	45695
the Bliss Institute of Applied Politics at the University of	45696
Akron.	45697

Of the foregoing appropriation item 235-583, Urban University	45698
Programs, $14,700 in each fiscal year shall be used for the	45699
Advancing-Up Program at the University of Akron.	45700

Of the foregoing appropriation item 235-583, Urban University	45701
Programs, in each fiscal year $2,156,629 shall be distributed by	45702
the Board of Regents to Cleveland State University in support of	45703
the Maxine Goodman Levin College of Urban Affairs.	45704

Of the foregoing appropriation item 235-583, Urban University	45705
Programs, in each fiscal year $2,156,630 shall be distributed to	45706
the Northeast Ohio Research Consortium, the Urban Linkages	45707
Program, and the Urban Research Technical Assistance Grant	45708
Program. The distribution among the three programs shall be	45709
determined by the chair of the Urban University Program.	45710

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

45711

The foregoing appropriation item 235-595, International	45712
Center for Water Resources Development, shall be used to support	45713
the International Center for Water Resources Development at	45714
Central State University. The center shall develop methods to	45715
improve the management of water resources for Ohio and for	45716
emerging nations.	45717

RURAL UNIVERSITY PROJECTS

45718

Of the foregoing appropriation item 235-587, Rural University	45719
Projects, Bowling Green State University shall receive $212,072 in	45720
each fiscal year, Miami University shall receive $324,503 in each	45721
fiscal year, and Ohio University shall receive $740,977 in each	45722
fiscal year. These funds shall be used to support the Institute	45723
for Local Government Administration and Rural Development at Ohio	45724
University, the Center for Public Management and Regional Affairs	45725
at Miami University, and the Center for Policy Analysis and Public	45726
Service at Bowling Green State University.	45727

Of the foregoing appropriation item 235-587, Rural University	45728
Projects, $24,500 in each fiscal year shall be used to support the	45729
Washington State Community College day care center.	45730

Of the foregoing appropriation item 235-587, Rural University	45731
Projects, $73,500 in each fiscal year shall be used to support	45732
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	45733

A small portion of the funds provided to Ohio University	45734
shall also be used for the Institute for Local Government	45735
Administration and Rural Development State and Rural Policy	45736
Partnership with the Governor's Office of Appalachia and the	45737
Appalachian delegation of the General Assembly.	45738

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

45739

The foregoing appropriation item 235-588, Ohio Resource	45740
Center for Mathematics, Science, and Reading, shall be used to	45741
support a resource center for mathematics, science, and reading to	45742
be located at a state-assisted university for the purpose of	45743
identifying best educational practices in primary and secondary	45744
schools and establishing methods for communicating them to	45745
colleges of education and school districts.	45746

HAZARDOUS MATERIALS PROGRAM

45747

The foregoing appropriation item 235-596, Hazardous Materials	45748
Program, shall be disbursed to Cleveland State University for the	45749
operation of a program to certify firefighters for the handling of	45750
hazardous materials. Training shall be available to all Ohio	45751
firefighters.	45752

NATIONAL GUARD SCHOLARSHIP PROGRAM

45753

The Board of Regents shall disburse funds from appropriation	45754
item 235-599, National Guard Scholarship Program, at the direction	45755
of the Adjutant General.	45756

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

45757

The foregoing appropriation item 235-602, HEFC	45758
Administration, shall be used by the Board of Regents for	45759
operating expenses related to the Board of Regents' support of the	45760
activities of the Ohio Higher Educational Facility Commission.	45761
Upon the request of the chancellor, the Director of Budget and	45762
Management shall transfer up to $12,000 cash from Fund 461 to Fund	45763
4E8 in each fiscal year of the biennium.	45764

Section 92.11. BREAKTHROUGH INVESTMENTS	45765

OHIO PLAN STUDY COMMITTEE

45766

There is established the Ohio Plan Study Committee, which	45767
shall determine appropriate ways to fund the Ohio Plan for	45768
Technology and Development. The Study Committee shall consist of	45769
the Director of Budget and Management, the Chancellor of the Board	45770
of Regents, three members of the House of Representatives	45771
appointed by the Speaker, of whom no more than two shall be of the	45772
same political party, and three members of the Senate appointed by	45773
the President, of whom no more than two shall be of the same	45774
political party. Administrative support for the Study Committee	45775
shall be provided by the Board of Regents. The Study Committee	45776
shall report its recommendations to the Governor and the General	45777
Assembly no later than December 31, 2001. After it submits its	45778
report, the Study Committee shall cease to exist. The Ohio Plan	45779
for Technology and Development is intended to promote	45780
collaborative efforts among state government, higher education,	45781
and business and industry that will lead to the development of New	45782
Economy applications of science and technology and, ultimately,	45783
new business start-ups in the state and increased economic	45784
prosperity for the citizens of Ohio.	45785

APPALACHIAN NEW ECONOMY PARTNERSHIP

45786

The foregoing appropriation item 235-428, Appalachian New	45787
Economy Partnership, shall be used by the Board of Regents to	45788
begin a multicampus and multiagency coordinated effort to link	45789
Appalachia to the new economy. Funds shall be distributed to Ohio	45790
University to provide leadership in the development and	45791
implementation of initiatives in the areas of entrepreneurship,	45792
technology, education, and management.	45793

Section 92.12.  REPAYMENT OF RESEARCH FACILITY INVESTMENT	45794
FUND MONEYS	45795

Notwithstanding any provision of law to the contrary, all	45796
repayments of Research Facility Investment Fund loans shall be	45797
made to the Bond Service Trust Fund. All Research Facility	45798
Investment Fund loan repayments made prior to the effective date	45799
of this section shall be transferred by the Director of Budget and	45800
Management to the Bond Service Trust Fund within sixty days of the	45801
effective date of this section.	45802

Campuses shall make timely repayments of Research Facility	45803
Investment Fund loans, according to the schedule established by	45804
the Board of Regents. In the case of late payments, the Board of	45805
Regents may deduct from an institution's periodic subsidy	45806
distribution an amount equal to the amount of the overdue payment	45807
for that institution, transfer such amount to the Bond Service	45808
Trust Fund, and credit the appropriate institution for the	45809
repayment.	45810

VETERANS' PREFERENCES

45811

The Board of Regents shall work with the Governor's Office of	45812
Veterans' Affairs to develop specific veterans' preference	45813
guidelines for higher education institutions. These guidelines	45814
shall ensure that the institutions' hiring practices are in	45815
accordance with the intent of Ohio's veterans' preference laws.	45816

Section 92.13.  CENTRAL STATE UNIVERSITY

45817

(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and	45818
3345.76 of the Revised Code and rule 126:3-1-01 of the	45819
Administrative Code, Central State University shall adhere to the	45820
following fiscal standards:	45821

(1) Maintenance of a balanced budget and filing of quarterly	45822
reports on an annualized budget with the Board of Regents,	45823
comparing the budget to actual spending and revenues with	45824
projected expenditures and revenues for the remainder of the year.	45825
Such reports shall include narrative explanations as appropriate	45826
and be filed within 30 days of the end of the quarter.	45827

(2) Timely and accurate assessment of the current and	45828
projected cash flow of university funds, by fund type;	45829

(3) Timely reconciliation of all university cash and general	45830
ledger accounts, by fund;	45831

(4) Submission to the Auditor of State of financial	45832
statements consistent with audit requirements prescribed by the	45833
Auditor of State within four months after the end of the fiscal	45834
year;	45835

(5) Completion of an audit within six months after the end	45836
of the fiscal year.	45837

The Director of Budget and Management shall provide	45838
clarification to the university on these fiscal standards as	45839
deemed necessary. The director also may take such actions as are	45840
necessary to ensure that the university adheres to these standards	45841
and other fiscal standards consistent with generally accepted	45842
accounting principles and the requirements of external entities	45843
providing funding to the university. Such actions may include the	45844
appointment of a financial consultant to assist Central State	45845
University in the continuous process of design and implementation	45846
of responsible systems of financial management and accounting.	45847

(B) The director's fiscal oversight shall continue until	45848
such time as the university meets the same criteria as those	45849
created in paragraph (F) of rule 126:3-1-01 of the Administrative	45850
Code for the termination of a fiscal watch. At that time Central	45851
State University shall be relieved of the requirements of this	45852
section and subject to the requirements of sections 3345.72,	45853
3345.74, 3345.75, and 3345.76 of the Revised Code.	45854

Any encumbered funds remaining from appropriation item	45855
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 6	45856
of the 122nd General Assembly shall be released during the	45857
2001-2003 biennium for nonrecurring expenses contingent upon the	45858
approval of the Director of Budget and Management.	45859

Section 93.  DRC DEPARTMENT OF REHABILITATION AND	45860

CORRECTION

45861

General Services Fund Group

45879

Federal Special Revenue Fund Group

45890

Intragovernmental Service Fund Group

45895

INSTITUTIONAL OPERATIONS

45901

The Department of Rehabilitation and Correction originally	45902
submitted a biennial budget request to the Office of Budget and	45903
Management that included GRF funding totaling $835,248,064 in	45904
fiscal year 2002 and $881,385,043 in fiscal year 2003 for its	45905
appropriation item 501-321, Institutional Operations, for the	45906
purpose of funding the cost of its fiscal year 2001 level of	45907
institutional programs and services in fiscal years 2002 and 2003.	45908
The executive budget then recommended appropriations in	45909
appropriation item 501-321 of $812,303,733 in fiscal year 2002 and	45910
$854,722,041 in fiscal year 2003, which were less than what the	45911
department requested for the purpose of funding the cost of its	45912
fiscal year 2001 level of institutional programs and services in	45913
fiscal years 2002 and 2003 by $22,944,331 and $26,663,002,	45914
respectively. Subsequent to the appropriation amounts recommended	45915
in the executive budget, the appropriations in appropriation item	45916
501-321 were reduced to $808,242,214 in fiscal year 2002 and	45917
$850,448,431 in fiscal year 2003. These appropriation amounts in	45918
appropriation item 501-321 were subsequently reduced a second time	45919
to $803,742,214 in fiscal year 2002 and $845,948,431 in fiscal	45920
year 2003. This second reduction in the appropriations in	45921
appropriation item 501-321 shall not be used by the department as	45922
a justification to reduce the department's institutional operating	45923
expenses by closing any of the department's thirty-four existing	45924
correctional institutions or by reducing the number of correction	45925
officers currently working in those correctional institutions.	45926

OHIO BUILDING AUTHORITY LEASE PAYMENTS

45927

The foregoing appropriation item 501-406, Lease Rental	45928
Payments, shall be used for payments to the Ohio Building	45929
Authority for the period July 1, 2001, to June 30, 2003, pursuant	45930
to the primary leases and agreements for those buildings made	45931
under Chapter 152. of the Revised Code in the amount of	45932
$298,882,600, which are the source of funds pledged for bond	45933
service charges on related obligations issued pursuant to Chapter	45934
152. of the Revised Code.	45935

PRISONER COMPENSATION

45936

Money from the foregoing appropriation item 501-403, Prisoner	45937
Compensation, shall be transferred on a quarterly basis by	45938
intrastate transfer voucher to Fund 148 for the purposes of paying	45939
prisoner compensation.	45940

CBCF Title XX FUNDS

45941

Not later than July 15, 2001, the Director of Budget and	45942
Management shall transfer $1,800,000 from Fund 3W3, Adult Special	45943
Needs, to the General Revenue Fund. Not later than July 15, 2002,	45944
the Director of Budget and Management shall transfer $5,400,000	45945
from Fund 3W3, Adult Special Needs, to the General Revenue Fund.	45951

INMATE DEVELOPMENT PROGRAM

45952

Of the foregoing appropriation item 503-321, Parole and	45953
Community Operations, at least $30,000 in each fiscal year shall	45954
be used for an inmate development program.	45955

INSTITUTION RECOVERY SERVICES

45956

Of the foregoing appropriation item 507-321, Institution	45957
Recovery Services, $50,000 in each fiscal year shall be used to	45958
fund a demonstration project using innovative alcohol and	45959
substance abuse treatment methods.	45960

Section 94.  RSC REHABILITATION SERVICES COMMISSION	45961

General Revenue Fund

45962

General Services Fund Group

45975

Federal Special Revenue Fund Group

45980

State Special Revenue Fund Group

45993

STAND CONCESSIONS FUND - CREDITING OF INCOME

45999

In crediting interest and other income earned on moneys	46000
deposited in the Stand Concessions Fund (Fund 467), the Treasurer	46001
of State and Director of Budget and Management shall ensure that	46002
the requirements of section 3304.35 of the Revised Code are met.	46003

PERSONAL CARE ASSISTANCE

46004

The foregoing appropriation item 415-401, Personal Care	46005
Assistance, shall be used in addition to Social Security	46006
reimbursement funds to provide personal care assistance services.	46007
These funds shall not be used in lieu of Social Security	46008
reimbursement funds.	46009

MR/DD SERVICES

46010

The foregoing appropriation item 415-404, MR/DD Services,	46011
shall be used as state matching funds to provide vocational	46012
rehabilitation services to mutually eligible clients between the	46013
Rehabilitation Services Commission and the Department of Mental	46014
Retardation and Developmental Disabilities. The Rehabilitation	46015
Services Commission shall report to the Department of Mental	46016
Retardation and Developmental Disabilities, as outlined in an	46017
interagency agreement, on the number and status of mutually	46018
eligible clients and the status of the funds and expenditures for	46019
these clients.	46020

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

46021

The foregoing appropriation item 415-405, Vocational	46022
Rehabilitation/Job and Family Services, shall be used as state	46023
matching funds to provide vocational rehabilitation services to	46024
mutually eligible clients between the Rehabilitation Services	46025
Commission and the Department of Job and Family Services. The	46026
Rehabilitation Services Commission shall report to the Department	46027
of Job and Family Services, as outlined in an interagency	46028
agreement, on the number and status of mutually eligible clients	46029
and the status of the funds and expenditures for these clients.	46030

OFFICE FOR PEOPLE WITH BRAIN INJURY

46031

Of the foregoing appropriation item 415-431, Office for	46032
People with Brain Injury, $100,000 in each fiscal year shall be	46033
used for the state match for a federal grant awarded through the	46034
Traumatic Brain Injury Act, Pub. L. No. 104-166. The remaining	46035
appropriation in this item shall be used to plan and coordinate	46036
head-injury-related services provided by state agencies and other	46037
government or private entities, to assess the needs for such	46038
services, and to set priorities in this area.	46039

SERVICES FOR PEOPLE WITH DISABILITIES

46040

On verification of the receipt of revenue in Fund 3W2, Title	46041
XX Vocational Rehabilitation, the Director of Budget and	46042
Management shall transfer those funds to the General Revenue Fund.	46043
The transferred funds are appropriated to appropriation item	46044
415-506, Services for People with Disabilities. The foregoing	46045
appropriation item 415-506, Services for People with Disabilities,	46046
includes transferred funds of $600,000 in fiscal year 2002 and	46047
$897,052 in fiscal year 2003.	46048

SERVICES FOR THE DEAF

46049

The foregoing appropriation item 415-508, Services for the	46050
Deaf, shall be used to supplement Social Security reimbursement	46051
funds used to provide grants to community centers for the deaf.	46052
These funds shall not be used in lieu of Social Security	46053
reimbursement funds.	46054

SERVICES FOR THE ELDERLY

46055

The foregoing appropriation item 415-509, Services for the	46056
Elderly, shall be used as matching funds for vocational	46057
rehabilitation services for eligible elderly citizens with a	46058
disability.	46059

SOCIAL SECURITY REIMBURSEMENT FUNDS

46060

Reimbursement funds received from the Social Security	46061
Administration, United States Department of Health and Human	46062
Services, for the costs of providing services and training to	46063
return disability recipients to gainful employment, shall be used	46064
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	46065

(A) Appropriation item 415-601, Social Security Personal	46066
Care Assistance, to provide personal care services in accordance	46067
with section 3304.41 of the Revised Code;	46068

(B) Appropriation item 415-605, Social Security Community	46069
Centers for the Deaf, to provide grants to community centers for	46070
the deaf in Ohio for services to individuals with hearing	46071
impairments;	46072

(C) Appropriation item 415-607, Social Security	46073
Administration Cost, to provide administrative services needed to	46074
administer the Social Security reimbursement program;	46075

(D) Appropriation item 415-608, Social Security Special	46076
Programs/Assistance, to provide vocational rehabilitation services	46077
to individuals with severe disabilities, who are Social Security	46078
beneficiaries, to achieve competitive employment. This item also	46079
includes funds to assist the Personal Care Assistance, Community	46080
Centers for the Deaf, and Independent Living Programs to pay their	46081
share of indirect costs as mandated by federal OMB Circular A-87.	46082

(E) Appropriation item 415-610, Social Security Vocational	46083
Rehabilitation, to provide vocational rehabilitation services to	46084
individuals with severe disabilities to achieve a noncompetitive	46085
employment goal such as homemaker.	46086

ADMINISTRATIVE EXPENSES

46087

The foregoing appropriation item 415-606, Administrative	46088
Expenses, shall be used to support the administrative functions of	46089
the commission related to the provision of vocational	46090
rehabilitation, disability determination services, and ancillary	46091
programs.	46092

INDEPENDENT LIVING COUNCIL

46093

The foregoing appropriation items 415-402, Independent Living	46094
Council, shall be used to fund the operations of the State	46095
Independent Living Council.	46096

MENTAL HEALTH SERVICES

46097

The foregoing appropriation item 415-403, Mental Health	46098
Services, shall be used for the provision of vocational	46099
rehabilitation services to mutually eligible consumers of the	46100
Rehabilitation Services Commission and the Department of Mental	46101
Health.	46102

The Department of Mental Health shall receive a quarterly	46103
report from the Rehabilitation Services Commission stating the	46104
numbers served, numbers placed in employment, average hourly wage,	46105
and average hours worked.	46106

INDEPENDENT LIVING SERVICES

46107

The foregoing appropriation items 415-520, Independent Living	46108
Services, and 415-612, Federal-Independent Living Centers or	46109
Services, shall be used to support state independent living	46110
centers or independent living services pursuant to Title VII of	46111
the Independent Living Services and Centers for Independent Living	46112
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	46113
U.S.C. 796d.	46114

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

46115

The foregoing appropriation item 415-617, Independent	46116
Living/Vocational Rehabilitation Programs, shall be used to	46117
support vocational rehabilitation programs, including, but not	46118
limited to, Projects with Industry and Training Grants.	46119

Section 95.  RCB RESPIRATORY CARE BOARD	46120

General Services Fund Group

46121

Section 96.  REVENUE DISTRIBUTION FUNDS	46127

Volunteer Firefighters' Dependents Fund

46128

Holding Account Redistribution

46139

ADDITIONAL APPROPRIATIONS

46158

Appropriation items in this section are to be used for the	46159
purpose of administering and distributing the designated revenue	46160
distributions fund according to the Revised Code. If it is	46161
determined that additional appropriations are necessary, such	46162
amounts are appropriated.	46163

Section 97.  SAN BOARD OF SANITARIAN REGISTRATION	46164

General Services Fund Group

46165

Section 98.  OSB OHIO STATE SCHOOL FOR THE BLIND

46171

General Revenue Fund

46172

General Services Fund Group

46177

State Special Revenue Fund Group

46181

Federal Special Revenue Fund Group

46185

Section 99.  OSD OHIO STATE SCHOOL FOR THE DEAF	46192

General Revenue Fund

46193

General Services Fund Group

46198

State Special Revenue Fund Group

46202

Federal Special Revenue Fund Group

46208

Section 100.  SFC SCHOOL FACILITIES COMMISSION

46217

General Revenue Fund

46218

State Special Revenue Fund Group

46222

Section 100.01. LEASE RENTAL PAYMENTS

46228

The foregoing appropriation item 230-428, Lease Rental	46229
Payments, shall be used to meet all payments at the times they are	46230
required to be made during the period from July 1, 2001, to June	46231
30, 2003, by the School Facilities Commission pursuant to leases	46232
and agreements made under section 3318.26 of the Revised Code, but	46233
limited to the aggregate amount of $79,299,600. Nothing in this	46234
act shall be deemed to contravene the obligation of the state to	46235
pay, without necessity for further appropriation, from the sources	46236
pledged thereto, the bond service charges on obligations issued	46237
pursuant to Chapter 3318. of the Revised Code.	46238

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

46239

The foregoing appropriation item 230-908, Common Schools	46240
General Obligation Debt Service, shall be used to pay all debt	46241
service and financing costs at the times they are required to be	46242
made pursuant to sections 151.01 and 151.03 of the Revised Code	46243
during the period from July 1, 2001, to June 30, 2003. The Office	46244
of the Sinking Fund or the Director of Budget and Management shall	46245
effectuate the required payments by an intrastate transfer	46246
voucher.	46247

OPERATING EXPENSES

46248

The foregoing appropriation item 230-644, Operating Expenses,	46249
shall be used by the Ohio School Facilities Commission to carry	46250
out its responsibilities pursuant to this section and Chapter	46251
3318. of the Revised Code.	46252

Within ten days after the effective date of this section, or	46253
as soon as possible thereafter, the Executive Director of the Ohio	46254
School Facilities Commission shall certify to the Director of	46255
Budget and Management the amount of cash to be transferred from	46256
the School Building Assistance Fund (Fund 032) or the Public	46257
School Building Fund (Fund 021) to the Ohio School Facilities	46258
Commission Fund (Fund 5E3).	46259

By July 10, 2002, the Executive Director of the Ohio School	46260
Facilities Commission shall certify to the Director of Budget and	46261
Management the amount of cash to be transferred from the School	46262
Building Assistance Fund (Fund 032) or the Public School Building	46263
Fund (Fund 021) to the Ohio School Facilities Commission Fund	46264
(Fund 5E3).	46265

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

46266

At the request of the Executive Director of the Ohio School	46267
Facilities Commission, the Director of Budget and Management may	46268
cancel encumbrances for school district projects from a previous	46269
biennium if the district has not raised its local share of project	46270
costs within one year of receiving Controlling Board approval in	46271
accordance with section 3318.05 of the Revised Code. The	46272
Executive Director of the Ohio School Facilities Commission shall	46273
certify the amounts of these canceled encumbrances to the Director	46274
of Budget and Management on a quarterly basis. The amounts of the	46275
canceled encumbrances are appropriated.	46276

DISABILITY ACCESS PROJECTS

46277

The unencumbered and unallotted balances as of June 30, 2001,	46278
in appropriation item 230-649, Disability Access Project, are	46279
hereby reappropriated. The unencumbered and unallotted balances	46280
of the appropriation at the end of fiscal year 2002 are hereby	46281
reappropriated in fiscal year 2003 to fund capital projects	46282
pursuant to this section.	46283

(A) As used in this section:

46284

(1) "Percentile" means the percentile in which a school	46285
district is ranked according to the fiscal year 1998 ranking of	46286
school districts with regard to income and property wealth under	46287
division (B) of section 3318.011 of the Revised Code.	46288

(2) "School district" means a city, local, or exempted	46289
village school district, but excluding a school district that is	46290
one of the state's 21 urban school districts as defined in	46291
division (O) of section 3317.02 of the Revised Code, as that	46292
section existed prior to July 1, 1998.	46293

(3) "Valuation per pupil" means a district's total taxable	46294
value as defined in section 3317.02 of the Revised Code divided by	46295
the district's ADM as defined in division (A) of section 3317.02	46296
of the Revised Code as that section existed prior to July 1, 1998.	46297

(B) The School Facilities Commission shall adopt rules for	46298
awarding grants to school districts with a valuation per pupil of	46299
less than $200,000, to be used for construction, reconstruction,	46300
or renovation projects in classroom facilities, the purpose of	46301
which is to improve access to such facilities by physically	46302
handicapped persons. The rules shall include application	46303
procedures. No school district shall be awarded a grant under	46304
this section in excess of $100,000. In addition, any school	46305
district shall be required to pay a percentage of the cost of the	46306
project or which the grant is being awarded equal to the	46307
percentile in which the district is ranked.	46308

(C) The School Facilities Commission is hereby authorized to	46309
transfer a portion of appropriation item CAP-622, Public School	46310
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd General	46311
Assembly, to CAP-777, Disability Access Projects, to provide funds	46312
to make payments resulting from the approval of applications for	46313
disability access grants received prior to January 1, 1999. The	46314
amounts transferred are appropriated.	46315

Section 100.02. In fiscal year 2002, the Director of Budget	46316
and Management shall deposit into the Community School Classroom	46317
Facilities Loan Guarantee Fund, established under section 3318.52	46318
of the Revised Code, not less than ten million dollars from the	46319
moneys that have been appropriated to the Ohio School Facilities	46320
Commission for capital projects. The moneys so deposited shall be	46321
used by the Commission to guarantee loans to community schools	46322
under section 3318.50 of the Revised Code.	46323

Section 101.  NET OHIO SCHOOLNET COMMISSION

46324

General Revenue Fund

46325

General Services Fund Group

46330

State Special Revenue Fund Group

46335

Federal Special Revenue Fund Group

46341

Section 101.01. INTERACTIVE VIDEO DISTANCE LEARNING PROGRAM

46347

The unencumbered and unalloted balances as of June 30, 2001,	46348
in appropriation item 228-650, Interactive Distance Learning, are	46349
reappropriated to fund projects pursuant to this section. The	46350
unencumbered and unallotted balances as of June 30, 2002, in	46351
appropriation item 228-650, Interactive Distance learning, are	46352
reappropriated for fiscal year 2003 to continue projects started	46353
in fiscal year 2002. The foregoing appropriation item 228-650,	46354
Interactive Distance Learning shall be used to extend the	46355
Interactive Video Distance Learning Program in accordance with the	46356
statewide educational technology strategic plan. Not later than	46357
the fifteenth day of July 2001, the Director of Budget and	46358
Management shall transfer $4,086,000 from the General Revenue Fund	46359
to Fund 5G0, Interactive Distance Learning. The commission shall	46360
adopt procedures for the administration and implementation of the	46361
Interactive Video Distance Learning Program, which shall include	46362
application procedures, specifications for distance learning	46363
technology, and terms and conditions for participation in the	46364
program. The commission shall not approve any application for	46365
participation unless it determines that the applicant can	46366
effectively and efficiently integrate the proposed distance	46367
learning technology into schools or the selected schools or	46368
classrooms for the phase of the program. The commission shall	46369
consider the Interactive Video Distance Learning Pilot established	46370
in Am. Sub. H.B. 215 of the 122nd General Assembly, and the Ohio	46371
SchoolNet Telecommunity program in Am. Sub. H. B. 627 of the 121st	46372
General Assembly, in developing application procedures and	46373
criteria for the Interactive Video Distance Learning Program. The	46374
commission shall give preference to lower wealth districts or	46375
consortia of such districts that do not have existing video	46376
teleconferencing technology.	46377

SCHOOLNET PLUS PROGRAM

46378

All appropriations that are unencumbered and unallotted in	46379
appropriation item 228-698, SchoolNet Plus, as of June 30, 2001,	46380
are hereby reappropriated for the same purpose in fiscal year 2002	46381
upon the request of the Executive Director of the Ohio SchoolNet	46382
Commission and the approval of the Director of Budget and	46383
Management.	46384

Not later than the fifteenth day of July 2001, the Director	46385
of Budget and Management shall transfer $2,707,605 cash from the	46386
Human Resources Services Fund (Fund 125) within the General	46387
Services Fund Group to Fund 4Y4, SchoolNet Plus. Not later than	46388
the fifteenth day of July 2002, the Director of Budget and	46389
Management shall transfer $2,826,540 cash from the Human Resources	46390
Services Fund (Fund 125) within the General Services Fund Group to	46391
Fund 4Y4, SchoolNet Plus.	46392

Of the foregoing appropriation item 228-698, SchoolNet Plus,	46393
up to $1,841,655 in fiscal year 2002 and up to $1,917,293 in	46394
fiscal year 2003 shall be used to fund the ONEnet Ohio project to	46395
link all public K-12 classrooms to each other and the Internet,	46396
and to provide access to voice, video, and data educational	46397
resources for students and teachers.	46398

Of the foregoing appropriation item 228-698, SchoolNet Plus,	46399
up to $865,950 in fiscal year 2002 and up to $909,247 in fiscal	46400
year 2003 shall be provided by the Ohio SchoolNet Commission to	46401
the INFOhio Network of library resources to support the provision	46402
of electronic resources to all public schools with preference	46403
given to elementary schools. Consideration should be given to	46404
coordinating the allocation of these moneys with the efforts of	46405
OhioLINK and the Ohio Public Information Network.	46406

TECHNICAL AND INSTRUCTIONAL PROFESSIONAL DEVELOPMENT

46407

The foregoing appropriation item 228-406, Technical and	46408
Instructional Professional Development, shall be used by the Ohio	46409
SchoolNet Commission to make grants to qualifying schools,	46410
including the State School for the Blind and the Ohio School for	46411
the Deaf, for the provision of hardware, software,	46412
telecommunications services, and staff development to support	46413
educational uses of technology in the classroom.	46414

The Ohio SchoolNet Commission shall consider the professional	46415
development needs associated with the OhioReads Program when	46416
making funding allocations and program decisions.	46417

The Ohio Educational Telecommunications Network Commission,	46418
with the advice of the Ohio SchoolNet Commission, shall make	46419
grants totaling up to $1,400,000 in each year of the biennium for	46420
research development and production of interactive instructional	46421
programming series and teleconferences to support SchoolNet. Up	46422
to $55,000 of this amount shall be used in each year of the	46423
biennium to provide for the administration of these activities by	46424
the Ohio Educational Telecommunications Network Commission. The	46425
programming shall be targeted to the needs of the poorest 200	46426
school districts as determined by the district's adjusted	46427
valuation per pupil as defined in section 3317.0213 of the Revised	46428
Code.	46429

Of the foregoing appropriation item 228-406, Technical and	46430
Instructional Professional Development, $2,900,000 in each fiscal	46431
year shall be distributed by the Ohio SchoolNet Commission to	46432
low-wealth districts or consortia including low-wealth school	46433
districts, as determined by the district's adjusted valuation per	46434
pupil as defined in section 3317.0213 of the Revised Code, or the	46435
State School for the Blind or the Ohio School for the Deaf.	46436

The remaining appropriation allocated in appropriation item	46437
228-406, Technical and Instructional Professional Development,	46438
shall be used by the Ohio SchoolNet Commission for professional	46439
development for teachers and administrators for the use of	46440
educational technology. The commission shall make grants to	46441
provide technical assistance and professional development on the	46442
use of educational technology to school districts.	46443

Eligible recipients of grants include regional training	46444
centers, county offices of education, data collection sites,	46445
instructional technology centers, institutions of higher	46446
education, public television stations, special education resource	46447
centers, area media centers, or other nonprofit educational	46448
organizations. Services provided through these grants may include	46449
use of private entities subcontracting through the grant	46450
recipient.	46451

Grants shall be made to entities on a contractual basis with	46452
the Ohio SchoolNet Commission. Contracts shall include provisions	46453
that demonstrate how services will benefit technology use in the	46454
schools, and in particular will support SchoolNet efforts to	46455
support technology in the schools. Contracts shall specify the	46456
scope of assistance being offered and the potential number of	46457
professionals who will be served. Contracting entities may be	46458
awarded more than one grant at a time.	46459

Grants shall be awarded in a manner consistent with the goals	46460
of SchoolNet. Special emphasis in the award of grants shall be	46461
placed on collaborative efforts among service providers.	46462

Application for grants from this appropriation in	46463
appropriation item 228-406, Technical and Instructional	46464
Professional Development, shall be consistent with a school	46465
district's technology plan that shall meet the minimum	46466
specifications for school district technology plans as prescribed	46467
by the Ohio SchoolNet Commission. Funds allocated through these	46468
grants may be combined with funds received through other state or	46469
federal grants for technology so long as the school district's	46470
technology plan specifies the use of these funds. The commission	46471
may combine the application for these grants with the SchoolNet	46472
application process authorized in Am. Sub. H.B. 790 of the 120th	46473
General Assembly.	46474

EDUCATION TECHNOLOGY

46475

The foregoing appropriation item 228-539, Education	46476
Technology, shall be used to provide funding to suppliers of	46477
information services to school districts for the provision of	46478
hardware, software, and staff development in support of	46479
educational uses of technology in the classroom as prescribed by	46480
the State Plan for Technology pursuant to section 3301.07 of the	46481
Revised Code, and to support assistive technology for children and	46482
youth with disabilities.	46483

Up to $5,200,000 in each fiscal year shall be used by the	46484
Ohio SchoolNet Commission to contract with instructional	46485
television, and $850,000 in fiscal year 2002, and $840,000 in	46486
fiscal year 2003 shall be used by the commission to contract with	46487
education media centers to provide Ohio schools with instructional	46488
resources and services.	46489

Resources may include, but not be limited to, the following:	46490
pre-recorded video materials (including videotape, laser discs,	46491
and CD-ROM discs); computer software for student use or student	46492
access to electronic communication, databases, spreadsheet, and	46493
word processing capability; live student courses or courses	46494
delivered electronically; automated media systems; and	46495
instructional and professional development materials for teachers.	46496
The commission shall cooperate with education technology agencies	46497
in the acquisition, development, and delivery of such educational	46498
resources to ensure high-quality and educational soundness at the	46499
lowest possible cost. Delivery of such resources may utilize a	46500
variety of technologies, with preference given to a high-speed	46501
integrated information network that can transport video, voice,	46502
data, and graphics simultaneously.	46503

Services shall include presentations and technical assistance	46504
that will help students and teachers integrate educational	46505
materials that support curriculum objectives, match specific	46506
learning styles, and are appropriate for individual interests and	46507
ability levels.	46508

Such instructional resources and services shall be made	46509
available for purchase by chartered nonpublic schools or by public	46510
school districts for the benefit of pupils attending chartered	46511
nonpublic schools.	46512

DISTANCE LEARNING

46513

Appropriation item 228-634, Distance Learning, shall be	46514
distributed by the Ohio SchoolNet Commission on a grant basis to	46515
eligible school districts to establish "distance learning" in the	46516
school district. Per the agreement with Ameritech, school	46517
districts are eligible for funds if they are within an Ameritech	46518
service area. Funds to administer the program shall be expended	46519
by the commission up to the amount specified in the agreement with	46520
Ameritech.	46521

Within 30 days after the effective date of this section, the	46522
Director of Budget and Management shall transfer to fund 4X1 in	46523
the State Special Revenue Fund Group any investment earnings from	46524
moneys paid to the office or to the SchoolNet Commission by any	46525
telephone company as part of a settlement agreement between the	46526
company and the Public Utilities Commission in fiscal year 1995.	46527

ELECTRICAL INFRASTRUCTURE

46528

The unencumbered and unallotted balances of June 30, 2001, in	46529
appropriation item 228-690, SchoolNet Electrical Infrastructure,	46530
are reappropriated to fund projects pursuant to this section. The	46531
foregoing appropriation item may be distributed by the Ohio	46532
SchoolNet Commission for use by school districts to renovate	46533
existing buildings with sufficient electrical service to safely	46534
operate educational technology consistent with their SchoolNet and	46535
SchoolNet Plus technology plans. The Executive Director of the	46536
Ohio SchoolNet Commission shall review grant proposals from school	46537
districts for the use of these funds. In evaluating grant	46538
proposals, the executive director shall consider the ability and	46539
commitment of school districts to contribute local public and	46540
private resources to upgrade their electrical service and shall	46541
give consideration to consortia of school districts that have	46542
formed to optimize resources to upgrade electrical service. In no	46543
case shall grant awards exceed $1,000,000 for a single school	46544
district. Funding recommendations for this appropriation made by	46545
the executive director are subject to the review of the Ohio	46546
SchoolNet Commission.	46547

Section 101.02. There is hereby created the Ohio Schools	46548
Technology Implementation Task Force. The Task Force shall	46549
develop recommendations based upon the findings from the	46550
Independent Review and Strategic Plan authorized to be completed	46551
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of	46552
the 123rd General Assembly, for a comprehensive framework for	46553
coordinating the planning and implementation of technology in Ohio	46554
schools. The Task Force shall examine and make long-term	46555
recommendations for technology funding for Ohio's primary and	46556
secondary schools as well as for the operational costs of the Ohio	46557
SchoolNet Commission.	46558

The Task Force shall be composed of six voting members, three	46559
of whom shall be members of the Senate appointed by the President	46560
of the Senate and three of whom shall be members of the House of	46561
Representatives appointed by the Speaker of the House of	46562
Representatives. Not more than two members from each house shall	46563
be members of the same political party. From among these six	46564
voting members, the President of the Senate and the Speaker of the	46565
House of Representatives jointly shall appoint a chairperson of	46566
the Task Force. The Task Force shall include as ex officio	46567
nonvoting members the Superintendent of Public Instruction or the	46568
Superintendent?s designee, the Director of Budget and Management	46569
or the Director's designee, the Director of Administrative	46570
Services or the Director's designee, the Executive Director of the	46571
Ohio SchoolNet Commission or the Executive Director?s designee, a	46572
representative designated by the head of the Ohio Education	46573
Computer Network, a representative designated by the Chairperson	46574
of the Public Utilities Commission of Ohio, a representative	46575
appointed by the Chairperson of the Ohio Educational	46576
Telecommunications Network Commission, a representative of Ohio?s	46577
business community appointed by the President of the Senate, and a	46578
representative from an educational service center appointed by the	46579
Speaker of the House of Representatives. The voting members may,	46580
by majority vote, elect to include any number of additional	46581
nonvoting members.	46582

The Legislative Service Commission shall provide any staffing	46583
assistance requested by the Task Force. The Task Force shall	46584
issue a report not later than December 1, 2002. Upon issuing its	46585
report, the Task Force shall cease to exist.	46586

Section 102.  SOS SECRETARY OF STATE

46587

General Revenue Fund

46588

General Services Fund Group

46594

State Special Revenue Fund Group

46599

Holding Account Redistribution Fund Group

46604

BOARD OF VOTING MACHINE EXAMINERS

46610

The foregoing appropriation item 050-610, Board of Voting	46611
Machine Examiners, shall be used to pay for the services and	46612
expenses of the members of the Board of Voting Machine Examiners,	46613
and for other expenses that are authorized to be paid from the	46614
Board of Voting Machine Examiners Fund, which is created in	46615
section 3506.05 of the Revised Code. Moneys not used shall be	46616
returned to the person or entity submitting the equipment for	46617
examination. If it is determined that additional appropriations	46618
are necessary, such amounts are appropriated.	46619

HOLDING ACCOUNT REDISTRIBUTION GROUP

46620

The foregoing appropriation items 050-605 and 050-606,	46621
Holding Account Redistribution Fund Group, shall be used to hold	46622
revenues until they are directed to the appropriate accounts or	46623
until they are refunded. If it is determined that additional	46624
appropriations are necessary, such amounts are appropriated.	46625

Section 103.  SEN THE OHIO SENATE	46626

General Revenue Fund

46627

General Services Fund Group

46630

Section 104.  CSF COMMISSIONERS OF THE SINKING FUND

46637

Debt Service Fund Group

46638

ADDITIONAL APPROPRIATIONS

46648

Appropriation items in this section are for the purpose of	46649
paying on bonds or other instruments of indebtedness of this	46650
state issued pursuant to the Ohio Constitution and acts of the	46651
General Assembly. If it is determined that additional	46652
appropriations are necessary, such amounts are appropriated.	46653

Section 105.  SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY	46654

& AUDIOLOGY

46655

General Services Fund Group

46656

Section 106.  BTA BOARD OF TAX APPEALS	46662

General Revenue Fund

46663

General Services Fund Group

46666

Section 107. TAX DEPARTMENT OF TAXATION

46672

General Revenue Fund

46673

Agency Fund Group

46679

General Services Fund Group

46682

State Special Revenue Fund Group

46686

Federal Special Revenue Fund Group

46700

Holding Account Redistribution Fund Group

46704

LITTER CONTROL TAX ADMINISTRATION FUND

46710

Notwithstanding section 5733.12 of the Revised Code, during	46711
the period from July 1, 2001, to June 30, 2002, the amount of	46712
$594,726, and during the period from July 1, 2002, to June 30,	46713
2003, the amount of $625,232, received by the Treasurer of State	46714
under Chapter 5733. of the Revised Code, shall be credited to the	46715
Litter Control Tax Administration Fund (Fund 437).	46716

INTERNATIONAL REGISTRATION PLAN AUDIT

46717

The foregoing appropriation item 110-616, International	46718
Registration Plan, shall be used pursuant to section 5703.12 of	46719
the Revised Code for audits of persons with vehicles registered	46720
under the International Registration Plan.	46721

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	46722
EXEMPTION	46723

The foregoing appropriation item 110-901, Property Tax	46724
Allocation - Taxation, is appropriated to pay for the state's	46725
costs incurred due to the Homestead Exemption, the Manufactured	46726
Home Property Tax Rollback, and the Property Tax Rollback. The	46727
Tax Commissioner shall distribute these funds directly to the	46728
appropriate local taxing districts of the state, except for school	46729
districts, notwithstanding the provisions in sections 321.24 and	46730
323.156 of the Revised Code, which provide for payment of the	46731
Homestead Exemption, the Manufactured Home Property Tax Rollback,	46732
and Property Tax Rollback by the Tax Commissioner to the	46733
appropriate county treasurer and the subsequent redistribution of	46734
these funds to the appropriate local taxing districts by the	46735
county auditor.	46736

The foregoing appropriation item 110-906, Tangible Tax	46737
Exemption - Taxation, is appropriated to pay for the state's costs	46738
incurred due to the tangible personal property tax exemption	46739
required by division (C)(3) of section 5709.01 of the Revised	46740
Code. The Tax Commissioner shall distribute to each county	46741
treasurer the total amount certified by the county treasurer	46742
pursuant to section 319.311 of the Revised Code for all local	46743
taxing districts located in the county except for school	46744
districts, notwithstanding the provision in section 319.311 of the	46745
Revised Code which provides for payment of the $10,000 tangible	46746
personal property tax exemption by the Tax Commissioner to the	46747
appropriate county treasurer for all local taxing districts	46748
located in the county including school districts. Pursuant to	46749
division (G) of section 321.24 of the Revised Code, the county	46750
auditor shall distribute the amount paid by the Tax Commissioner	46751
among the appropriate local taxing districts except for school	46752
districts.	46753

Upon receipt of these amounts, each local taxing district	46754
shall distribute the amount among the proper funds as if it had	46755
been paid as real or tangible personal property taxes. Payments	46756
for the costs of administration shall continue to be paid to the	46757
county treasurer and county auditor as provided for in sections	46758
319.54, 321.26, and 323.156 of the Revised Code.	46759

Any sums, in addition to the amounts specifically	46760
appropriated in appropriation items 110-901, Property Tax	46761
Allocation - Taxation, for the Homestead Exemption, the	46762
Manufactured Home Property Tax Rollback, and the Property Tax	46763
Rollback payments, and 110-906, Tangible Tax Exemption, for the	46764
$10,000 tangible personal property tax exemption payments, which	46765
are determined to be necessary for these purposes, are	46766
appropriated.	46767

TAX REFUNDS

46768

The foregoing appropriation item 110-635, Tax Refunds, shall	46769
be used to pay refunds as provided in section 5703.052 of the	46770
Revised Code. If it is determined that additional appropriations	46771
are necessary, such amounts are appropriated.	46772

Section 108.  DOT DEPARTMENT OF TRANSPORTATION

46773

Transportation Modes

46774

General Revenue Fund

46775

Federal Special Revenue Fund Group

46784

State Special Revenue Fund Group

46788

AVIATION LEASE PAYMENTS

46794

The foregoing appropriation item 777-473, Rickenbacker Lease	46795
Payments - State, shall be used to meet scheduled payments for the	46796
Rickenbacker Port Authority. The Director of Transportation shall	46797
certify to the Director of Budget and Management any	46798
appropriations in appropriation item 777-473, Rickenbacker Lease	46799
Payments - State, that are not needed to make lease payments for	46800
the Rickenbacker Port Authority. Notwithstanding section 127.14	46801
of the Revised Code, the amount certified may be transferred by	46802
the Director of Budget and Management to appropriation item	46803
777-471, Airport Improvements - State.	46804

TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION

46805

The Director of Budget and Management may approve requests	46806
from the Department of Transportation for the transfer of	46807
appropriations between appropriation item 775-451, Public	46808
Transportation - State, and appropriation item 775-458, Elderly	46809
and Disabled Fare Assistance. Transfers between appropriation	46810
items shall be made upon the written request of the Director of	46811
Transportation and with the approval of the Director of Budget and	46812
Management. Such transfers shall be reported to the Controlling	46813
Board.	46814

RAILROAD CROSSING AND GRADE SEPARATION

46815

The foregoing appropriation item 776-466, Railroad Crossing	46816
and Grade Separation, shall be used to fund the Rail Crossing	46817
Safety Initiative, which will provide improvements to communities	46818
most affected by rail traffic and related issues.	46819

Section 109.  TOS TREASURER OF STATE

46820

General Revenue Fund

46821

Agency Fund Group

46837

General Services Fund Group

46840

State Special Revenue Fund Group

46851

Section 109.01.  OFFICE OF THE SINKING FUND

46857

The foregoing appropriation item 090-401, Office of the	46858
Sinking Fund, shall be used for all costs incurred by order of, or	46859
on behalf of, the Commissioners of the Sinking Fund, the Ohio	46860
Public Facilities Commission, or the Treasurer of State, with	46861
respect to the issuance, sale, and payment of State of Ohio	46862
general obligation bonds or notes, including, but not limited to,	46863
printing, advertising, delivery, rating fees and the procurement	46864
of ratings, and other services set forth in division (D) of	46865
section 151.01 of the Revised Code. The General Revenue Fund	46866
shall be reimbursed for such costs by intrastate transfer voucher	46867
pursuant to a certification by the Office of the Sinking Fund of	46868
the actual amounts used. The amounts necessary to make such	46869
reimbursements are appropriated from the general obligation bond	46870
retirement funds created by the Constitution and laws to the	46871
extent such costs are incurred.	46872

Section 109.02. POLICE AND FIRE DEATH BENEFIT FUND	46873

The foregoing appropriation item 090-575, Police and Fire	46874
Death Benefits, shall be disbursed annually by the Treasurer of	46875
State at the beginning of each fiscal year to the Board of	46876
Trustees of the Ohio Police and Fire Pension Fund. By the	46877
twentieth day of June of each year, the Board of Trustees of the	46878
Ohio Police and Fire Pension Fund shall certify to the Treasurer	46879
of State the amount disbursed in the current fiscal year to make	46880
the payments required by section 742.63 of the Revised Code and	46881
shall return to the Treasurer of State moneys received from this	46882
item but not disbursed.	46883

Section 110.  UST PETROLEUM UNDERGROUND STORAGE TANK	46884

RELEASE COMPENSATION BOARD

46885

State Special Revenue Fund Group

46886

Section 111.  TTA OHIO TUITION TRUST AUTHORITY	46892

State Special Revenue Fund Group

46893

Section 112.  OVH OHIO VETERANS' HOME	46899

General Revenue Fund

46900

Federal Special Revenue Fund Group

46904

State Special Revenue Fund Group

46908

Section 113.  VET VETERANS' ORGANIZATIONS

46916

General Revenue Fund

46917

VAP AMERICAN EX-PRISONERS OF WAR

46918

VAN ARMY AND NAVY UNION, USA, INC.

46920

VKW KOREAN WAR VETERANS

46922

VJW JEWISH WAR VETERANS

46924

VCW CATHOLIC WAR VETERANS

46926

VPH MILITARY ORDER OF THE PURPLE HEART

46928

VVV VIETNAM VETERANS OF AMERICA

46930

VAL AMERICAN LEGION OF OHIO

46932

VII VETERANS OF WORLD WAR II-KOREA-VIETNAM

46934

VAV DISABLED AMERICAN VETERANS

46936

VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO

46938

VMC MARINE CORPS LEAGUE

46940

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

46942

VFW VETERANS OF FOREIGN WARS

46944

VWI VETERANS OF WORLD WAR I

46946

RELEASE OF FUNDS

46950

The foregoing appropriation items 743-501, 746-501, 747-501,	46951
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	46952
755-501, 756-501, 757-501, 758-501, and 759-501, State Support,	46953
shall be released upon approval by the Director of Budget and	46954
Management.	46955

AMERICAN EX-PRISONERS OF WAR

46956

The American Ex-Prisoners of War shall be permitted to share	46957
an office with the Veterans of World War I.	46958

CENTRAL OHIO UNITED SERVICES ORGANIZATION

46959

Of the foregoing appropriation item 751-501, State Support,	46960
Vietnam Veterans of America, $50,000 in each fiscal year shall be	46961
used to support the activities of the Central Ohio USO.	46962

VETERANS SERVICE COMMISSION EDUCATION

46963

Of the foregoing appropriation item 753-501, State Support,	46964
Veterans of World War II-Korea-Vietnam, up to $20,000 in each	46965
fiscal year may be used to provide moneys to the Association of	46966
County Veterans Service Commissioners to reimburse its member	46967
county veterans service commissions for costs incurred in carrying	46968
out educational and outreach duties required under divisions (E)	46969
and (F) of section 5901.03 of the Revised Code. Upon the	46970
presentation of an itemized statement to the Office of Veterans	46971
Affairs, the office shall direct the Auditor of State to issue a	46972
warrant upon the state treasury to the association to reimburse	46973
member commissions for reasonable and appropriate expenses	46974
incurred performing these duties. The association shall establish	46975
uniform procedures for reimbursing member commissions.	46976

Section 114.  DVM STATE VETERINARY MEDICAL BOARD	46977

General Services Fund Group

46978

Section 115.  DYS DEPARTMENT OF YOUTH SERVICES	46984

General Revenue Fund

46985

General Services Fund Group

46995

Federal Special Revenue Fund Group

47003

State Special Revenue Fund Group

47014

OHIO BUILDING AUTHORITY LEASE PAYMENTS

47021

The foregoing appropriation item 470-412, Lease Rental	47022
Payments, in the Department of Youth Services, shall be used for	47023
payments, limited to the aggregate amount of $36,116,600, to the	47024
Ohio Building Authority for the period from July 1, 2001, to June	47025
30, 2003, pursuant to the primary leases and agreements for	47026
facilities made under Chapter 152. of the Revised Code, which are	47027
the source of funds pledged for bond service charges on related	47028
obligations issued pursuant to Chapter 152. of the Revised Code.	47029

RECLAIM OHIO

47030

In determining the amount of moneys necessary to fund the	47031
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal	47032
years 2002 and 2003, the Department of Youth Services shall	47033
compute the number of state target youth for each fiscal year. As	47034
defined in section 5139.01 of the Revised Code, "state target	47035
youth" means twenty-five per cent of the projected total number of	47036
felony-level delinquency adjudications in the juvenile courts for	47037
each year of a biennium, factoring in revocations and	47038
recommitments. The foregoing appropriation item 470-401, RECLAIM	47039
Ohio, shall provide for an amount not less than $98 per day for	47040
each state target youth or not less than $20,000 per year for each	47041
state target youth for each year of the biennium.	47042

EMPLOYEE FOOD SERVICE AND EQUIPMENT

47043

Notwithstanding section 125.14 of the Revised Code, the	47044
foregoing appropriation item 470-609, Employee Food Service, may	47045
be used to purchase any food operational items with funds received	47046
into the fund from reimbursement for state surplus property.	47047

EDUCATION REIMBURSEMENT

47048

The foregoing appropriation item 470-613, Education	47049
Reimbursement, shall be used to fund the operating expenses of	47050
providing educational services to youth supervised by the	47051
Department of Youth Services. Operating expenses include, but are	47052
not limited to, teachers' salaries, maintenance costs, and	47053
educational equipment. This appropriation item shall not be used	47054
for capital expenses.	47055

FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES

47056

Pursuant to section 5139.281 of the Revised Code, funding	47057
provided to a county for the operation and maintenance of each	47058
home shall be in an amount of fifty per cent of the approved	47059
annual operating cost, but shall not be in excess of $156,928 in	47060
each fiscal year.	47061

FEDERAL PROGRAM TRANSFER OF JUVENILE JUSTICE FROM THE OFFICE	47062
OF CRIMINAL JUSTICE SERVICES	47063

On July 1, 2001, responsibility for a federal juvenile	47064
justice program is transferred from the Office of Criminal	47065
Justice Services to the Department of Youth Services. The	47066
Department of Youth Services thereupon and thereafter is successor	47067
to, assumes the obligations of, and otherwise provides for the	47068
continuation of a federal juvenile justice program.	47069

Any business relating to a federal juvenile justice program	47070
commenced but not completed by the Office of Criminal Justice	47071
Services or its director prior to July 1, 2001, shall be	47072
completed by the Department of Youth Services or its director in	47073
the same manner, and with the same effect, as if completed by the	47074
Office of Criminal Justice Services or its director. No	47075
validation, cure, right, privilege, remedy, obligation, or	47076
liability is lost or impaired by reason of the transfer. All of	47077
the Office of Criminal Justice Services' rules, orders, and	47078
determinations continue in effect as rules, orders, and	47079
determinations of the Department of Youth Services, until modified	47080
or rescinded by the Department of Youth Services. If necessary to	47081
ensure the integrity of the numbering of the Administrative Code,	47082
the Director of the Legislative Service Commission shall renumber	47083
the Office of Criminal Justice Services' rules for a federal	47084
juvenile justice program to reflect the transfer of the program to	47085
the Department of Youth Services.	47086

The employees of the Office of Criminal Justice Services	47087
assigned to work with a federal juvenile justice program are	47088
transferred to the Department of Youth Services and shall retain	47089
their positions and all the benefits accruing thereto.	47090

No action or proceeding pending on July 1, 2001, is affected	47091
by the transfer, and any action or proceeding pending on July 1,	47092
2001, shall be prosecuted or defended in the name of the	47093
Department of Youth Services or its director. In all such actions	47094
and proceedings, the Department of Youth Services or its director	47095
upon application to the court shall be substituted as a party.	47096

Section 116. EXPENDITURES AND APPROPRIATION INCREASES	47097
APPROVED BY THE CONTROLLING BOARD	47098

Any money that the Controlling Board approves for expenditure	47099
or any increase in appropriation authority that the Controlling	47100
Board approves pursuant to the provisions of sections 127.14,	47101
131.35, and 131.39 of the Revised Code or any other provision of	47102
law is appropriated for the period ending June 30, 2003.	47103

Section 117. PERSONAL SERVICE EXPENSES	47104

Unless otherwise prohibited by law, any appropriation from	47105
which personal service expenses are paid shall bear the employer's	47106
share of public employees' retirement, workers' compensation,	47107
disabled workers' relief, and all group insurance programs; the	47108
costs of centralized accounting, centralized payroll processing,	47109
and related personnel reports and services; the cost of the Office	47110
of Collective Bargaining; the cost of the Personnel Board of	47111
Review; the cost of the Employee Assistance Program; the cost of	47112
the Equal Opportunity Center; the costs of interagency information	47113
management infrastructure; and the cost of administering the state	47114
employee merit system as required by section 124.07 of the Revised	47115
Code. These costs shall be determined in conformity with	47116
appropriate sections of law and paid in accordance with procedures	47117
specified by the Office of Budget and Management. Expenditures	47118
from appropriation item 070-601, Public Audit Expense - Local	47119
Government, in Fund 422 may be exempted from the requirements of	47120
this section.	47121

Section 118. REISSUANCE OF VOIDED WARRANTS	47122

In order to provide funds for the reissuance of voided	47123
warrants pursuant to section 117.47 of the Revised Code, there is	47124
appropriated, out of moneys in the state treasury from the fund	47125
credited as provided in section 117.47 of the Revised Code, that	47126
amount sufficient to pay such warrants when approved by the Office	47127
of Budget and Management.	47128

Section 119. * CAPITAL PROJECT SETTLEMENTS

47129

This section specifies an additional and supplemental	47130
procedure to provide for payments of judgments and settlements if	47131
the Director of Budget and Management determines, pursuant to	47132
division (C)(4) of section 2743.19 of the Revised Code, that	47133
sufficient unencumbered moneys do not exist in the particular	47134
appropriation to pay the amount of a final judgment rendered	47135
against the state or a state agency, including the settlement of a	47136
claim approved by a court, in an action upon and arising out of a	47137
contractual obligation for the construction or improvement of a	47138
capital facility if the costs under the contract were payable in	47139
whole or in part from a state capital projects appropriation. In	47140
such a case, the director may either proceed pursuant to division	47141
(C)(4) of section 2743.19 of the Revised Code, or apply to the	47142
Controlling Board to increase an appropriation or create an	47143
appropriation out of any unencumbered moneys in the state treasury	47144
to the credit of the capital projects fund from which the initial	47145
state appropriation was made. The Controlling Board may approve	47146
or disapprove the application as submitted or modified. The	47147
amount of an increase in appropriation or new appropriation	47148
specified in an application approved by the Controlling Board is	47149
hereby appropriated from the applicable capital projects fund and	47150
made available for the payment of the judgment or settlement.	47151

If the director does not make the application authorized by	47152
this section or the Controlling Board disapproves the application,	47153
and the director does not make application pursuant to division	47154
(C)(4) of section 2743.19 of the Revised Code, the director shall	47155
for the purpose of making that payment request to the General	47156
Assembly as provided for in division (C)(5) of that section.	47157

Section 120. INCOME TAX DISTRIBUTION TO COUNTIES	47158

There are hereby appropriated out of any moneys in the state	47159
treasury to the credit of the General Revenue Fund, which are not	47160
otherwise appropriated, funds sufficient to make any payment	47161
required by division (B)(2) of section 5747.03 of the Revised	47162
Code.	47163

Section 121. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	47164
AGAINST THE STATE	47165

Any appropriation may be used for the purpose of satisfying	47166
judgments or settlements in connection with civil actions against	47167
the state in federal court not barred by sovereign immunity or the	47168
Eleventh Amendment to the Constitution of the United States, or	47169
for the purpose of satisfying judgments, settlements, or	47170
administrative awards ordered or approved by the Court of Claims	47171
in connection with civil actions against the state, pursuant to	47172
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	47173
authorization does not apply to appropriations to be applied to or	47174
used for payment of guarantees by or on behalf of the state, for	47175
or relating to lease payments or debt service on bonds, notes, or	47176
similar obligations and those from the Sports Facilities Building	47177
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	47178
Administrative Building Fund (Fund 026), the Adult Correctional	47179
Building Fund (Fund 027), the Juvenile Correctional Building Fund	47180
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	47181
Facilities Building Fund (Fund 030), the Natural Resources	47182
Projects Fund (Fund 031), the School Building Program Assistance	47183
Fund (Fund 032), the Mental Health Facilities Improvement Fund	47184
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	47185
Parks and Recreation Improvement Fund (Fund 035), the State	47186
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	47187
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	47188
other fund into which proceeds of obligations are deposited.	47189
Nothing contained in this section is intended to subject the state	47190
to suit in any forum in which it is not otherwise subject to suit,	47191
nor is it intended to waive or compromise any defense or right	47192
available to the state in any suit against it.	47193

Section 122. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

47194

The maximum amounts that may be assessed against nuclear	47195
electric utilities in accordance with division (B)(2) of section	47196
4937.05 of the Revised Code are as follows:	47197

Section 123. UNCLAIMED FUNDS TRANSER

47207

Notwithstanding division (A) of section 169.05 of the Revised	47208
Code, prior to June 30, 2003, upon the request of the Director of	47209
Budget and Management, the Director of Commerce shall transfer to	47210
the General Revenue Fund up to $30,000,000 of the unclaimed funds	47211
that have been reported by the holder of unclaimed funds as	47212
provided by section 169.05 of the Revised Code, irrespective of	47213
the allocation of the unclaimed funds under that section.	47214

Section 124. GRF TRANSER TO FUND 5N4, ERP PROJECT	47215
IMPLEMENTATION	47216

On July 1, 2001, or as soon thereafter as possible, the	47217
Director of Budget and Management shall transfer $2,432,110 in	47218
cash from the General Revenue Fund to Fund 5N4, ERP Project	47219
Implementation. On July 1, 2002, or as soon thereafter as	47220
possible, the Director of Budget and Management shall transfer	47221
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP	47222
Project Implementation.	47223

Section 125. UCC FILING FUND TRANSFER TO GRF

47224

No later than the first day of August in each year of the	47225
biennium, the Director of Budget and Management shall transfer	47226
$1,000,000 from the Uniform Commercial Code Filing Fund to the	47227
General Revenue Fund.	47228

Section 126. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

47229

Certain appropriations are in this act for the purpose of	47230
paying debt service and financing costs on general obligation	47231
bonds or notes of the state issued pursuant to the Ohio	47232
Constitution and acts of the General Assembly. If it is	47233
determined that additional appropriations are necessary for this	47234
purpose, such amounts are appropriated.	47235

Section 127.  LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	47236
STATE	47237

Certain appropriations are in this act for the purpose of	47238
making lease payments pursuant to leases and agreements relating	47239
to bonds or notes issued by the Ohio Building Authority of the	47240
Treasurer of State or, previously, by the Ohio Public Facilities	47241
Commission, pursuant to the Ohio Constitution and acts of the	47242
General Assembly. If it is determined that additional	47243
appropriations are necessary for this purpose, such amounts are	47244
appropriated.	47245

Section 128. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	47246
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	47247

The Office of Budget and Management shall initiate and	47248
process disbursements from lease rental payment appropriation	47249
items during the period from July 1, 2001, to June 30, 2003,	47250
pursuant to leases and agreements for bonds or notes issued under	47251
Section 2i of Article VIII, Ohio Constitution, and Chapters 154.	47252
and 3318. of the Revised Code. Disbursements shall be made upon	47253
certification by the Treasurer of State of the dates and amounts	47254
due on those dates to the various bond service fund trust funds	47255
created under sections 154.20, 154.21, 154.22, and 3318.26 of the	47256
Revised Code.	47257

Section 129.  STATE AND LOCAL REBATE AUTHORIZATION

47258

There is hereby appropriated, from those funds designated by	47259
or pursuant to the applicable proceedings authorizing the issuance	47260
of state obligations, amounts computed at the time to represent	47261
the portion of investment income to be rebated or amounts in lieu	47262
of or in addition to any rebate amount to be paid to the federal	47263
government in order to maintain the exclusion from gross income	47264
for federal income tax purposes of interest on those state	47265
obligations pursuant to section 148(f) of the Internal Revenue	47266
Code.	47267

Rebate payments shall be approved and vouchered by the Office	47268
of Budget and Management.	47269

Section 130. TRANSFERS FROM SPECIFIED FUNDS

47270

Notwithstanding any other provision of law to the contrary,	47271
the Commissioners of the Sinking Fund shall transfer the balance	47272
remaining after provision for payment of all outstanding bonds or	47273
notes, coupons, and charges, from the Improvement Bond Retirement	47274
Fund, the Public Improvement Bond Retirement Fund, and the	47275
Development Bond Retirement Fund, to the General Revenue Fund as	47276
expeditiously as possible upon this act taking effect.	47277

Notwithstanding any other provision of law to the contrary,	47278
the Commissioners of the Sinking Fund shall transfer the balance	47279
remaining after provision for payment of all outstanding bonds or	47280
notes, coupons, and charges, from the Highway Improvement Bond	47281
Retirement Fund, to the Highway Operating Fund as expeditiously as	47282
possible upon taking effect of this act.	47283

Section 131.  APPROPRIATIONS RELATED TO CASH TRANSFERS AND	47284
REESTABLISHMENT OF ENCUMBRANCES	47285

Any cash transferred by the Director of Budget and Management	47286
as provided by section 126.15 of the Revised Code is appropriated.	47287
Any amounts necessary to reestablish appropriations or	47288
encumbrances as provided in section 126.15 of the Revised Code are	47289
appropriated.	47290

Section 132.  FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

47291

Pursuant to the plan for compliance with the Federal Cash	47292
Management Improvement Act required by section 131.36 of the	47293
Revised Code, the Director of Budget and Management is authorized	47294
to cancel and reestablish all or parts of encumbrances in like	47295
amounts within the funds identified by the plan. The amounts	47296
necessary to reestablish all or parts of encumbrances are	47297
appropriated.	47298

Section 133. STATEWIDE INDIRECT COST RECOVERY	47299

Whenever the Director of Budget and Management determines	47300
that an appropriation made to a state agency from a fund of the	47301
state is insufficient to provide for the recovery of statewide	47302
indirect costs pursuant to section 126.12 of the Revised Code, the	47303
amount required for such purpose is appropriated from the	47304
available receipts of such fund.	47305

Section 134.  GRF TRANSFERS ON BEHALF OF THE STATEWIDE	47306
INDIRECT COST ALLOCATION PLAN	47307

The total transfers made from the General Revenue Fund by the	47308
Director of Budget and Management pursuant to this section shall	47309
not exceed the amounts transferred into the General Revenue Fund	47310
pursuant to division (B) of section 126.12 of the Revised Code.	47311

A director of an agency may certify to the Director of Budget	47312
and Management the amount of expenses not allowed to be included	47313
in the Statewide Indirect Cost Allocation plan pursuant to federal	47314
regulations, from any fund included in the Statewide Indirect Cost	47315
Allocation plan, prepared as required by section 126.12 of the	47316
Revised Code.	47317

Upon determining that no alternative source of funding is	47318
available to pay for such expenses, the Director of Budget and	47319
Management may transfer from the General Revenue Fund into the	47320
fund for which the certification is made, up to the amount of the	47321
certification. The director of the agency receiving such funds	47322
shall include, as part of the next budget submission prepared	47323
pursuant to section 126.02 of the Revised Code, a request for	47324
funding for such activities from an alternative source such that	47325
further federal disallowances would not be required.	47326

Section 135.  REAPPROPRIATION OF UNEXPENDED ENCUMBERED	47327
BALANCES OF OPERATING APPROPRIATIONS	47328

An unexpended balance of an operating appropriation or	47329
reappropriation that a state agency lawfully encumbered prior to	47330
the close of a fiscal year is reappropriated on the first day of	47331
July of the following fiscal year from the fund from which it was	47332
originally appropriated or reappropriated for the following period	47333
and shall remain available only for the purpose of discharging the	47334
encumbrance:	47335

(A) For an encumbrance for personal services, maintenance,	47336
equipment, or items for resale, other than an encumbrance for an	47337
item of special order manufacture not available on term contract	47338
or in the open market or for reclamation of land or oil and gas	47339
wells for a period of not more than five months from the end of	47340
the fiscal year;	47341

(B) For an encumbrance for an item of special order	47342
manufacture not available on term contract or in the open market,	47343
for a period of not more than five months from the end of the	47344
fiscal year or, with the written approval of the Director of	47345
Budget and Management, for a period of not more than twelve months	47346
from the end of the fiscal year;	47347

(C) For an encumbrance for reclamation of land or oil and	47348
gas wells, for a period ending when the encumbered appropriation	47349
is expended or for a period of two years, whichever is less;	47350

(D) For an encumbrance for any other expense, for such	47351
period as the director approves, provided such period does not	47352
exceed two years.	47353

Any operating appropriations for which unexpended balances	47354
are reappropriated beyond a five-month period from the end of the	47355
fiscal year, pursuant to division (B) of this section, shall be	47356
reported to the Controlling Board by the Director of Budget and	47357
Management by the thirty-first day of December of each year. The	47358
report on each such item shall include the item, the cost of the	47359
item, and the name of the vendor. This report to the board shall	47360
be updated on a quarterly basis for encumbrances remaining open.	47361

Upon the expiration of the reappropriation period set out in	47362
divisions (A), (B), (C), or (D) of this section, a reappropriation	47363
made pursuant to this section lapses, and the Director of Budget	47364
and Management shall cancel the encumbrance of the unexpended	47365
reappropriation no later than the end of the weekend following the	47366
expiration of the reappropriation period.	47367

Notwithstanding the preceding paragraph, with the approval of	47368
the Director of Budget and Management, an unexpended balance of an	47369
encumbrance that was reappropriated on the first day of July	47370
pursuant to this section for a period specified in division (C) or	47371
(D) of this section and that remains encumbered at the close of	47372
the fiscal biennium is hereby reappropriated pursuant to this	47373
section on the first day of July of the following fiscal biennium	47374
from the fund from which it was originally appropriated or	47375
reappropriated for the applicable period specified in division (C)	47376
or (D) of this section and shall remain available only for the	47377
purpose of discharging the encumbrance.	47378

If the Controlling Board approved a purchase, that approval	47379
remains in effect as long as the appropriation used to make that	47380
purchase remains encumbered.	47381

Section 136.  FEDERAL GOVERNMENT INTEREST REQUIREMENTS

47382

Notwithstanding any provision of law to the contrary, on or	47383
before the first day of September of each fiscal year, the	47384
Director of Budget and Management, in order to reduce the payment	47385
of adjustments to the federal government, as determined by the	47386
plan prepared pursuant to division (A) of section 126.12 of the	47387
Revised Code, may designate such funds as the director considers	47388
necessary to retain their own interest earnings.	47389

Section 137. FAMILY SERVICES STABILIZATION FUND

47390

The Director of Budget and Management shall transfer the $100	47391
million balance in the Family Services Stabilization Fund at the	47392
end of fiscal year 2001 to the General Revenue Fund.	47393

Section 138. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT	47394
DISTRIBUTIONS	47395

(A) On or before the third day of each month of the period	47396
July 2001 through May 2002, the Tax Commissioner shall determine	47397
the amounts credited under sections 5727.45, 5733.12, 5739.21,	47398
5741.03, and 5747.03 of the Revised Code, respectively, to the	47399
Local Government Fund, to the Library and Local Government Support	47400
Fund, and to the Local Government Revenue Assistance Fund in the	47401
twelfth preceding month. On or before June 3, 2002, the Tax	47402
Commissioner shall determine the amounts credited under sections	47403
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised	47404
Code, respectively, to the Local Government Fund, to the Library	47405
and Local Government Support Fund, and to the Local Government	47406
Revenue Assistance Fund in June 2000. For purposes of this	47407
section, any amount transferred during the period January 1, 2001,	47408
through June 30, 2001 to the Local Government Fund, to the Local	47409
Government Revenue Assistance Fund, or to the Library and Local	47410
Government Support Fund under section 131.44 of the Revised Code	47411
shall be considered to be an amount credited to that respective	47412
fund under section 5747.03 of the Revised Code.	47413

Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03,	47414
and 5747.03 of the Revised Code to the contrary, for each month in	47415
the period July 1, 2001, through June 30, 2003, from the public	47416
utility excise, corporate franchise, sales, use, and personal	47417
income taxes collected:	47418

(1) An amount shall first be credited to the Local Government	47419
Fund that equals the amount credited to that fund from that tax	47420
according to the schedule in division (B) of this section.	47421

(2) An amount shall next be credited to the Local Government	47422
Revenue Assistance Fund that equals the amount credited to that	47423
fund from that tax according to the schedule in division (B) of	47424
this section.	47425

(3) An amount shall next be credited to the Library and Local	47426
Government Support Fund that equals the amount credited to that	47427
fund from that tax according to the schedule in division (B) of	47428
this section.	47429

(B) The amounts shall be credited from each tax to each	47430
respective fund as follows:	47431

(1) In July 2001 and July 2002, the amounts credited in July	47432
2000;	47433

(2) In August 2001 and August 2002, the amounts credited in	47434
August 2000;	47435

(3) In September 2001 and September 2002, the amounts	47436
credited in September 2000;	47437

(4) In October 2001 and October 2002, the amounts credited in	47438
October 2000;	47439

(5) In November 2001 and November 2002, the amounts credited	47440
in November 2000;	47441

(6) In December 2001 and December 2002, the amounts credited	47442
in December 2000;	47443

(7) In January 2002 and January 2003, the amounts credited	47444
in January 2001;	47445

(8) In February 2002 and February 2003, the amounts credited	47446
in February 2001;	47447

(9) In March 2002 and March 2003, the amounts credited in	47448
March 2001;	47449

(10) In April 2002 and April 2003, the amounts credited in	47450
April 2001;	47451

(11) In May 2002 and May 2003, the amounts credited in May	47452
2001;	47453

(12) In June 2002 and June 2003, the amounts credited in June	47454
2000.	47455

(C) Notwithstanding section 5727.84 of the Revised Code to	47456
the contrary, for the period July 1, 2001, through June 30, 2003,	47457
no amounts shall be credited to the Local Government Fund or to	47458
the Local Government Revenue Assistance Fund from the kilowatt	47459
hour tax, and such amounts that would have otherwise been required	47460
to be credited to such funds shall instead be credited to the	47461
General Revenue Fund. Notwithstanding section 131.44 of the	47462
Revised Code to the contrary, for the period July 1, 2001, through	47463
June 30, 2003, no amounts shall be transferred to the Local	47464
Government Fund, the Local Government Revenue Assistance Fund, or	47465
the Library and Local Government Support Fund from the Income Tax	47466
Reduction Fund, and such amounts that would have otherwise been	47467
transferred to such funds from the Income Tax Reduction Fund shall	47468
instead be transferred to the General Revenue Fund.	47469

Notwithstanding any other provision of law to the contrary,	47470
the Tax Commissioner shall compute separate adjustments to the	47471
amounts credited from the public utility excise, corporate	47472
franchise, sales, use, and personal income taxes to the Local	47473
Government Fund, the Local Government Revenue Assistance Fund, and	47474
the Library and Local Government Support Fund during July 2001.	47475
The adjustments shall equal the amount credited to each respective	47476
fund from each respective tax during June 2000 minus the amount	47477
credited to that fund from that tax during June 2001. If an	47478
adjustment is a positive amount, during July 2001, such amount	47479
shall be credited to the Local Government Fund, the Local	47480
Government Revenue Assistance Fund, or the Library and Local	47481
Government Support Fund, as appropriate, and shall be deducted	47482
from the General Revenue Fund. If an adjustment is a negative	47483
amount, during July 2001, such amount shall be deducted from the	47484
Local Government Fund, the Local Government Revenue Assistance	47485
Fund, or the Library and Local Government Support Fund, as	47486
appropriate, and shall be credited to the General Revenue Fund.	47487
Any amount remaining in the Local Government Fund, the Local	47488
Government Revenue Assistance Fund, or the Library and Local	47489
Government Support Fund after the distributions from such funds	47490
are made to local governments in August 2001, shall be certified	47491
by the Tax Commissioner to the Director of Budget and Management	47492
by August 15, 2001, and the Director of Budget and Management	47493
shall transfer such amount from each respective fund to the	47494
General Revenue Fund by August 31, 2001.	47495

For purposes of this section, "pro rata share" means the	47496
percentage calculated for each county and used in each month of	47497
the period July 2000 through June 2001 to distribute the amounts	47498
credited to the Library and Local Government Support Fund in	47499
accordance with section 5747.47 of the Revised Code.	47500

Notwithstanding any other provision of law to the contrary,	47501
in July 2001, each county undivided library and local government	47502
support fund shall receive from the Library and Local Government	47503
Support Fund an amount equal to the amount it would have received	47504
pursuant to section 5747.47 of the Revised Code for that month,	47505
minus its pro rata share of any amount that has been or shall be	47506
transferred from the Library and Local Government Support Fund to	47507
the OPLIN Technology Fund in that month. In August 2001, each	47508
county undivided library and local government support fund shall	47509
receive from the Library and Local Government Support Fund an	47510
amount equal to the amount it received from that fund in July 2000	47511
and August 2000 minus the amount it received from that fund in	47512
July 2001 and minus its pro rata share of any amount transferred	47513
from that fund to the OPLIN Technology Fund in July 2001 or August	47514
2001. In August 2001, each county undivided local government fund	47515
shall receive from the Local Government Fund, each municipality	47516
that receives a distribution directly from the Local Government	47517
Fund shall receive from that fund, and each county undivided local	47518
government revenue assistance fund shall receive from the Local	47519
Government Revenue Assistance Fund an amount equal to the amount	47520
it received from that respective fund in July 2000 and August 2000	47521
minus the amount it received from that respective fund in July	47522
2001. In each month of the periods September 1, 2001, through June	47523
30, 2002, and September 1, 2002, through June 30, 2003, each	47524
county undivided local government fund shall receive from the	47525
Local Government Fund, each municipality that receives a	47526
distribution directly from the Local Government Fund shall receive	47527
from that fund, each county undivided local government revenue	47528
assistance fund shall receive from the Local Government Revenue	47529
Assistance Fund, and each county undivided library and local	47530
government support fund shall receive from the Library and Local	47531
Government Support Fund, the same amount it received from that	47532
respective fund in the corresponding month of the period September	47533
1, 2000, through June 2001. In each month of the period July 1,	47534
2002, through August 31, 2002, and in the month of July 2003, each	47535
county undivided local government fund shall receive from the	47536
Local Government Fund, each municipality that receives a	47537
distribution directly from the Local Government Fund shall receive	47538
from that fund, each county undivided local government revenue	47539
assistance fund shall receive from the Local Government Revenue	47540
Assistance Fund, and each county undivided library and local	47541
government support fund shall receive from the Library and Local	47542
Government Support Fund, the same amount it received from that	47543
respective fund in the corresponding month of the period July 1,	47544
2000, through August 31, 2000. If during any month of the period	47545
September 1, 2001, through July 31, 2003, a transfer is made from	47546
the Library and Local Government Support Fund to the OPLIN	47547
Technology Fund, the amount distributed to each county undivided	47548
library and local government support fund shall be reduced by its	47549
pro rata share of the amount transferred.	47550

During the period July 1, 2001, through July 31, 2003, the	47551
Director of Budget and Management shall issue those directives to	47552
state agencies that are necessary to ensure that the appropriate	47553
amounts are distributed to the Local Government Fund, to the Local	47554
Government Revenue Assistance Fund, and to the Library and Local	47555
Government Support Fund to accomplish the purposes of this	47556
section.	47557

Section 139. BUDGET STABILIZATION FUND TRANSFERS FOR THE	47558
DEPARTMENT OF JOB AND FAMILY SERVICES	47559

Notwithstanding section 131.43 and division (D) of section	47560
127.14 of the Revised Code, if the Director of Budget and	47561
Management, in consultation with the Director of the Department of	47562
Job and Family Services, determines that Medicaid caseload	47563
expenditures for the biennium are likely to exceed the amounts	47564
appropriated in the Department of Job and Family Services line	47565
600-525, Health Care/Medicaid, the Director of Budget and	47566
Management may, with Controlling Board approval, tranfer up to	47567
$100 million from the Budget Stabilization Fund to the General	47568
Revenue Fund and increase the appropriation to line 600-525,	47569
Health Care/Medicaid, accordingly. Before any transfers are	47570
authorized, the Director of Budget and Management shall exhaust	47571
the possibilities for transfers of moneys within the Department of	47572
Job and Family Services to meet the identified shortfall.	47573

Notwithstanding section 131.43 and division (D) of section	47574
127.14 of the Revised Code, the Director of Budget and Management,	47575
in consultation with the Director of the Department of Job and	47576
Family Services, may, with Controlling Board approval, transfer up	47577
to $50 million during the biennium from the Budget Stabilization	47578
Fund to the General Revenue Fund to be used for computer projects	47579
in the Department of Job and Family Services. Upon approval of	47580
any such transfer, the Director of Budget and Management shall	47581
increase the appropriation to Department of Job and Family	47582
Services line 600-416, Computer Projects, by the amount of the	47583
transfer.	47584

Section 140. TRANSFERS TO THE GENERAL REVENUE FUND

47585

Notwithstanding any other provision of law to the contrary,	47586
if the Director of Budget and Management determines that revenues	47587
to the General Revenue Fund in fiscal years 2002 and 2003 are	47588
insufficient to cover agency appropriations for fiscal years 2002	47589
and 2003, the Director of Budget and Management is hereby	47590
authorized to selectively transfer to the General Revenue Fund up	47591
to $30 million from non-federal, non-General Revenue Fund funds	47592
that are not constitutionally restricted and that have sufficient	47593
balances to support the transfer.	47594

Section 141.  That Section 5 of Am. Sub. S.B. 50 of the 121st	47595
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	47596
the 123rd General Assembly, be amended to read as follows:	47597

"       Sec. 5.  Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	47598
General Assembly shall take effect July 1, 2001 October 16, 2003."	47599

Section 142.  That existing Section 5 of Am. Sub. S.B. 50 of	47600
the 121st General Assembly, as most recently amended by Am. Sub.	47601
H.B. 283 of the 123rd General Assembly, is hereby repealed.	47602

Section 143.  That Section 153 of Am. Sub. H.B. 117 of the	47603
121st General Assembly, as most recently amended by Am. Sub. H.B.	47604
283 of the 123rd General Assembly, be amended to read as follows:	47605

"       Sec. 153.  (A) Sections 5112.01, 5112.03, 5112.04,	47606
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,	47607
5112.17, 5112.18, 5112.19, 5112.21, and 5112.99 of the Revised	47608
Code are hereby repealed, effective July 1 October 16, 2001 2003.	47609

(B) Any money remaining in the Legislative Budget Services	47610
Fund on July 1 October 16, 2001 2003, the date that section	47611
5112.19 of the Revised Code is repealed by division (A) of this	47612
section, shall be used solely for the purposes stated in then	47613
former section 5112.19 of the Revised Code. When all money in the	47614
Legislative Budget Services Fund has been spent after then former	47615
section 5112.19 of the Revised Code is repealed under division (A)	47616
of this section, the fund shall cease to exist."	47617

Section 144.  That existing Section 153 of Am. Sub. H.B. 117	47618
of the 121st General Assembly, as most recently amended by Am.	47619
Sub. H.B. 283 of the 123rd General Assembly, is hereby repealed.	47620

Section 145. That Section 3 of Am. Sub. H.B. 440 of the 121st	47621
General Assembly, as most recently amended by Sub. S.B. 245 of the	47622
123rd General Assembly, be amended to read as follows:	47623

"       Sec. 3.  Sections 122.23, 122.24, 122.25, 122.26, and 122.27	47624
of the Revised Code are hereby repealed, effective July 1, 2001	47625
2003."	47626

Section 146. That existing Section 3 of Am. Sub. H.B. 440 of	47627
the 121st General Assembly, as most recently amended by Sub. S.B.	47628
245 of the 123rd General Assembly, is hereby repealed.	47629

Section 147.  That Section 3 of Am. Sub. H.B. 215 of the	47630
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	47631
123rd General Assembly, be amended to read as follows:	47632

"       Sec. 3.  Section 1751.68 of the Revised Code is hereby	47633
repealed, effective July 1, 2001 October 16, 2003."	47634

Section 148.  That existing Section 3 of Am. Sub. H.B. 215 of	47635
the 122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	47636
123rd General Assembly, is hereby repealed.	47637

Section 149. That Section 3 of Am. Sub. H.B. 621 of the 122nd	47638
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	47639
the 123rd General Assembly, be amended to read as follows:	47640

"       Sec. 3.  That sections 166.031, 901.80, 901.81, 901.82, and	47641
901.83 of the Revised Code are hereby repealed, effective July 1,	47642
2001 2003."	47643

Section 150. That existing Section 3 of Am. Sub. H.B. 621 of	47644
the 122nd General Assembly, as most recently amended by Am. Sub.	47645
H.B. 283 of the 123rd General Assembly, is hereby repealed.	47646

Section 151. That Section 9 of Am. Sub. S.B. 192 of the 123rd	47647
General Assembly be amended to read as follows:	47648

"       Sec. 9.  All items set forth in this section are hereby	47649
appropriated out of any moneys in the state treasury to the credit	47650
of the Law Enforcement Improvements Trust Fund (Fund J87) that are	47651
not otherwise appropriated.	47652

Appropriations

AGO ATTORNEY GENERAL

47653

Section 152. That existing Section 9 of Am. Sub. S.B. 192 of	47661
the 123rd General Assembly is hereby repealed.	47662

Section 153. That Section 4 of Am. S.B. 210 of the 123rd	47663
General Assembly be amended to read as follows:	47664

"       Sec. 4.  (A) There is hereby created the Civil Service	47665
Review Commission. The Commission shall consist of the following	47666
members:	47667

(1) Three members of the Senate appointed by the President	47668
of the Senate, with at least one member from the minority party;	47669

(2) Three members of the House of Representatives appointed	47670
by the Speaker of the House of Representatives, with at least one	47671
member from the minority party;	47672

(3) Nine members appointed by the Governor, of whom one	47673
shall be the Director of Administrative Services or the Director's	47674
designee, one shall be from a union representing the largest	47675
number of state employees, one shall be from a union representing	47676
the largest number of local government employees, two shall be	47677
recommended by a statewide organization representing counties, two	47678
shall be recommended by a statewide organization representing	47679
municipal corporations, and two shall represent the public.	47680

All appointments shall be made not later than one month after	47681
the effective date of this section September 22, 2000. The	47682
Commission shall be co-chaired by a member of the House of	47683
Representatives designated by the Speaker of the House of	47684
Representatives and a member of the Senate designated by the	47685
President of the Senate. The co-chairs shall alternate chairing	47686
meetings of the Commission by agreement of the co-chairs.	47687

(B) The Commission shall review civil service laws and	47688
practice under those laws in Ohio. In conducting the review, the	47689
Commission shall conduct a comprehensive analysis of Ohio's civil	47690
service laws as set forth in the Revised Code and associated	47691
rules, including an analysis of how the laws and any associated	47692
rules are applied in practice by public entities across Ohio.	47693
Additionally, the Commission may review decisions of the Personnel	47694
Board of Review created in section 124.05 of the Revised Code or	47695
other administrative and judicial bodies to determine how	47696
decisions of the Board or those other bodies influence the	47697
interpretation or application of civil service laws. The	47698
Commission also may review practices and innovations of public	47699
entities in other states. The Commission may call witnesses and	47700
review any other information that it determines to be appropriate	47701
and may consider recommendations of the Governor's Management	47702
Improvement Commission.	47703

(C) Upon completion of its review under division (B) of this	47704
section, but not later than nine months after all of the	47705
appointments have been made under division (A) of this section	47706
December 31, 2001, the Commission shall issue a report to the	47707
President of the Senate and the Speaker of the House of	47708
Representatives. The report shall identify current statutes,	47709
rules, practices, and procedures and shall make recommendations	47710
for changes to those statutes, rules, practices, and procedures	47711
that the Commission determines necessary to improve them. Upon	47712
issuance of the report under this division, the Commission ceases	47713
to exist."	47714

Section 154. That existing Section 4 of Am. S.B. 210 of the	47715
123rd General Assembly is hereby repealed.	47716

Section 155. That Sections 10 and 13 of Am. Sub. S.B. 287 of	47717
the 123rd General Assembly be amended to read as follows:	47718

"       Sec. 10. The excise tax imposed by section 5727.811 of the	47719
Revised Code shall first apply to every natural gas distributed	47720
distribution company for all natural gas volumes billed by, or on	47721
behalf of, the company on and after July 1, 2001. Before that	47722
date, a natural gas distribution company shall register with the	47723
Tax Commissioner in accordance with section 5727.93 of the Revised	47724
Code, as amended by this act Am. Sub. S.B. 287 of the 123rd	47725
General Assembly.	47726

Sec. 13. (A) The amendment or enactment by this act Am. Sub.	47727
S.B. 287 of the 123rd General Assembly of sections 5733.053,	47728
5733.06, 5733.40, 5747.221, and 5747.24 of the Revised Code first	47729
applies to tax year 2002.	47730

(B) The amendment by Am. Sub. S.B. 287 of the 123rd General	47731
Assembly of section 5733.40 of the Revised Code applies to taxable	47732
years beginning in 2001 or thereafter."	47733

Section 156. That existing Sections 10 and 13 of Am. Sub.	47734
S.B. 287 of the 123rd General Assembly are hereby repealed.	47735

Section 157. That Sections 129 and 180 of Am. Sub. H.B. 283	47736
of the 123rd General Assembly be amended to read as follows:	47737

"       Sec. 129.  MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY	47738
BEDS	47739

(A) During Notwithstanding sections 5123.042 and 5123.19 of	47740
the Revised Code, during the period beginning July 1, 1999 2001,	47741
and ending June 30, 2001 October 15, 2003, the Department Director	47742
of Mental Retardation and Developmental Disabilities shall not	47743
issue refuse to approve a proposal for the development approval	47744
for, nor of residential facility beds or to issue a license under	47745
section 5123.19 of the Revised Code, new residential facility if	47746
the approval or issuance will result in an increase in the number	47747
of residential facility beds for persons with mental retardation	47748
or developmental disabilities, except that the department may	47749
approve the development or licensure, or both, of such new beds in	47750
an emergency. The department shall adopt rules in accordance with	47751
Chapter 119. of the Revised Code specifying what constitutes an	47752
emergency for the purposes of this section including those	47753
certified as intermediate care facility for the mentally retarded	47754
beds under Title XIX of the "Social Security Act," 79 Stat. 286	47755
(1965), 42 U.S.C.A. 1396, as amended. A modification,	47756
replacement, or relocation of existing beds in a residential	47757
facility licensed under section 5123.19 of the Revised Code shall	47758
not be considered an increase described in this division. The	47759
director shall adopt rules in accordance with Chapter 119. of the	47760
Revised Code specifying what constitutes a modification or	47761
replacement of existing beds.	47762

(B) For the purposes of Notwithstanding division (A) of this	47763
section, the following shall not be considered new beds:	47764

(1) Beds relocated from one facility to another, if the	47765
facility from which the beds are relocated reduces the number of	47766
its beds by the same number of beds that are relocated to the	47767
other facility;	47768

(2) Beds to replace others that the Director of Health	47769
determines no longer comply with the standards of the Medical	47770
Assistance Program established under Chapter 5111. of the Revised	47771
Code and Title XIX of the "Social Security Act," 49 Stat. 620	47772
(1935), 42 U.S.C.A. 301, as amended during the period beginning on	47773
July 1, 2001, and ending on October 15, 2003, the director may	47774
issue a license under section 5123.19 of the Revised Code to a	47775
nursing home described in section 5123.192 of the Revised Code if	47776
the sole purpose of the issuance is the relocation of existing	47777
beds within the same county. The director shall authorize under	47778
this division no additional beds beyond those being relocated.	47779

Sec. 180.  (A) Divisions (A)(12) and (13) of section 5733.98	47780
of the Revised Code, as amended by this act Am. Sub. H.B. 283 of	47781
the 123rd General Assembly, and section 5733.42 of the Revised	47782
Code, as enacted by this act Am. Sub. H.B. 283 of the 123rd	47783
General Assembly, shall first apply to eligible training costs	47784
paid or incurred on or after January 1, 2000. Section 5733.351 of	47785
the Revised Code, as enacted by this act Am. Sub. H.B. 283 of the	47786
123rd General Assembly, shall first apply to qualified research	47787
expenses paid or incurred on or after January 1, 2001 2003.	47788

(B) Notwithstanding division (C) of section 5733.42 of the	47789
Revised Code, as enacted by this act Am. Sub. H.B. 283 of the	47790
123rd General Assembly, applications for a tax credit certificate	47791
filed pursuant to that section prior to the date the Department of	47792
Job and Family Services comes into existence shall be filed with	47793
the Director of Development, and the Director of Development shall	47794
perform the duties otherwise assigned to the Director of Job and	47795
Family Services under that section until that date. Rules adopted	47796
pursuant to division (F) of that section by the Director of	47797
Development shall continue in effect on and after that date,	47798
unless rescinded or amended by the Director of Job and Family	47799
Services thereafter."	47800

Section 158. That existing Sections 129 and 180 of Am. Sub.	47801
H.B. 283 of the 123rd General Assembly are hereby repealed.	47802

Section 159. That Section 18 of Am. Sub. H.B. 650 of the	47803
122nd General Assembly, as most recently amended by Sub. S.B. 245	47804
of the 123rd General Assembly, is hereby repealed.	47805

Section 160. That Section 17 of Am. Sub. H.B. 282 of the	47806
123rd General Assembly, as most recently amended by Sub. S.B. 245	47807
of the 123rd General Assembly, is hereby repealed.	47808

Section 161. That Section 15 of Am. Sub. S.B. 287 of the	47809
123rd General Assembly is hereby repealed.	47810

Section 162. The Office of Criminal Justice Services and the	47811
Department of Job and Family Services shall enter into an	47812
interagency agreement for the transfer to the Office of the	47813
Department's duties, records, assets, and liabilities related to	47814
the administration of funds received under the "Family Violence	47815
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	47816
10401, as amended. Subject to the layoff provisions of sections	47817
124.321 to 124.328 of the Revised Code and of any applicable	47818
collective bargaining agreement, employees of the Department of	47819
Job and Family Services whose primary duties relate to the	47820
administration of those funds are hereby transferred to the Office	47821
of Criminal Justice Services and shall retain their positions and	47822
all of the benefits accruing to them.	47823

Section 163. WOMEN'S POLICY AND RESEARCH COMMISSION FUND	47824
TRANSFERS	47825

Notwithstanding any other provision of law to the contrary,	47826
the Director of Budget and Management shall transfer any remaining	47827
amounts of cash from the specified obsolete fund to the General	47828
Revenue Fund (Fund GRF) within thirty days after the effective	47829
date of this section: Women's Policy and Research Commission, Fund	47830
4V9, Women's Policy and Research Commission Fund.	47831

Section 164.  OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL.

47832

The Ohio Family and Children First Cabinet Council shall	47833
conduct an assessment of the need for and resources available for	47834
services and programs that serve children under six years of age.	47835
The assessment shall include identifying supports available to	47836
those services and programs and gaps in services across Ohio, as	47837
well as a review of existing state laws and administrative	47838
procedures related to those services and programs. Based on its	47839
assessment, the Cabinet Council shall develop, in consultation	47840
with early childhood, business, and community organizations, a	47841
strategic plan that does both of the following:	47842

(1) Identifies goals for developing an integrated system of	47843
early care and education for families with children under six	47844
years of age.	47845

(2) Recommends specific steps that must be taken to	47846
accomplish those goals, including establishing linkages between	47847
schools and early childhood programs to ensure successful	47848
transitions for children and their families. The recommendations	47849
included in the strategic plan shall maximize opportunities for	47850
existing programs and services to blend funding sources and work	47851
together.	47852

The Cabinet Council shall provide copies of the strategic	47853
plan to the Governor, Speaker and Minority Leader of the House of	47854
Representatives, and the President and Minority Leader of the	47855
Senate not later than June 30, 2002.	47856

Section 165. The Director of Agriculture shall create a task	47857
force to study and make recommendations on methods to avert	47858
bio-terrorism, including actions by foreign countries against the	47859
state. The task force shall submit its findings and	47860
recommendations to the Speaker of the House of Representatives,	47861
the President of the Senate, and the chairpersons of the standing	47862
committees in the House of Representatives and the Senate that are	47863
primarily responsible for considering agricultural matters.	47864

Section 166.  EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	47865
FACILITIES	47866

Notwithstanding any other provisions of law to the contrary,	47867
the School Facilities Commission may provide assistance under the	47868
Exceptional Needs Pilot Program to any school district and not	47869
exclusively a school district in the lowest 50 per cent of	47870
adjusted valuation per pupil on the fiscal year 1999 ranking of	47871
school districts established pursuant to section 3317.02 of the	47872
Revised Code, for the purpose of the relocation or replacement of	47873
school facilities required as a result of extreme environmental	47874
contamination. If in the assessment of the school district's	47875
classroom facilities needs conducted under the Exceptional Needs	47876
Pilot Program pursuant to Section 26 of Am. Sub. H.B. 850 of the	47877
122nd General Assembly, the commission determines that all the	47878
school district's classroom facilities ultimately will require	47879
replacement under sections 3318.01 to 3318.20 of the Revised Code,	47880
then the commission may undertake a district-wide project under	47881
sections 3318.01 to 3318.20 of the Revised Code.	47882

The School Facilities Commission shall contract with an	47883
independent environmental consultant to conduct a study and to	47884
report to the commission as to the seriousness of the	47885
environmental contamination, whether the contamination violates	47886
applicable state and federal standards, and whether the facilities	47887
are no longer suitable for use as school facilities. The	47888
commission then shall make a determination regarding funding for	47889
the relocation or replacement of the school facilities. If the	47890
federal government or other public or private entity provides	47891
funds for restitution of costs incurred by the state or school	47892
district in the relocation or replacement of the school	47893
facilities, the school district shall use such funds in excess of	47894
the school district's share to refund the state for the state's	47895
contribution to the environmental contamination portion of the	47896
project. The school district may apply an amount of such	47897
restitution funds up to an amount equal to the school district's	47898
portion of the project, as defined by the commission, toward	47899
paying its portion of that project to reduce the amount of bonds	47900
the school district otherwise must issue to receive state	47901
assistance under sections 3318.01 to 3318.20 of the Revised Code.	47902

Section 167.  (A) The Ohio School Facilities Commission may	47903
commit up to thirty-five million dollars to the Canton City School	47904
District for construction of a facility described in this section,	47905
in lieu of a high school that would otherwise be authorized under	47906
Chapter 3318. of the Revised Code. The commission shall not	47907
commit funds under this section unless all of the following	47908
conditions are met:	47909

(1) The district has entered into a cooperative agreement	47910
with a state-assisted technical college.	47911

(2) The district has received an irrevocable commitment of	47912
additional funding from nonpublic sources.	47913

(3) The facility is intended to serve both secondary and	47914
postsecondary instructional purposes.	47915

(B) The commission shall enter into an agreement with the	47916
district for the construction of the facility authorized under	47917
this section that is separate from and in addition to the	47918
agreement required for the district's participation in the	47919
Classroom Facilities Assistance Program under section 3318.08 of	47920
the Revised Code. Notwithstanding that section and sections	47921
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	47922
agreement shall provide, but not be limited to, the following:	47923

(1) The commission shall not have any oversight	47924
responsibilities over the construction of the facility.	47925

(2) The facility need not comply with the specifications for	47926
plans and materials for high schools adopted by the commission.	47927

(3) The commission may decrease the basic project cost that	47928
would otherwise be calculated for a high school under Chapter	47929
3318. of the Revised Code.	47930

(4) The state shall not share in any increases in the basic	47931
project cost for the facility above the amount authorized under	47932
this section.	47933

All other provisions of Chapter 3318. of the Revised Code	47934
apply to the approval and construction of a facility authorized	47935
under this section.	47936

The state funds committed to the facility authorized by this	47937
section shall be part of the total amount the state commits to the	47938
Canton City School District under Chapter 3318. of the Revised	47939
Code. All additional state funds committed to the Canton City	47940
School District for classroom facilities assistance shall be	47941
subject to all provisions of Chapter 3318. of the Revised Code.	47942

Section 168. Not later than July 1, 2001, the Tax	47943
Commissioner shall certify to the Department of Education for each	47944
city, local, and exempted village school district the total	47945
federal adjusted gross income of the residents of the school	47946
district, based on tax returns filed by the residents of the	47947
district, for each of the three most recent years for which this	47948
information is available. The Department shall use the information	47949
certified under this section to compute each district's state	47950
parity aid funding under section 3317.0217 of the Revised Code in	47951
fiscal year 2002.	47952

Section 169. The Legislative Office of Education Oversight	47953
shall review and evaluate the plans adopted by school districts	47954
for the identification of gifted students under section 3324.04 of	47955
the Revised Code. Not later than November 30, 2002, the Office	47956
shall issue a report that summarizes the results of the	47957
evaluations and recommends reasonable methods of funding	47958
educational services for gifted students. The Office shall submit	47959
its report to the President of the Senate, the Speaker of the	47960
House of Representatives, the Minority Leader of the Senate, the	47961
Minority Leader of the House of Representatives, and the Governor.	47962

Section 170. The Department of Education shall consider the	47963
feasiability and desirability of relocating the department staff	47964
responsible for gifted education from the Center for Students,	47965
Families, and Communities to the Center for Curriculum and	47966
Assessment.	47967

Section 171. The Department of Education shall conduct the	47968
following analyses and, not later than June 30, 2002, shall report	47969
to the General Assembly its research findings and	47970
recommendations:	47971

(A) A cost-based analysis of state and federal laws that	47972
mandate special education services in addition to the mandates of	47973
Chapter 3301-51 of the Ohio Administrative Code, commonly known as	47974
the "Blue Book";	47975

(B) An analysis of the manner in which federal special	47976
education funds may be spent, including an examination of whether	47977
and how federal funds may be used to fund the increased costs of	47978
state and federal special education mandates;	47979

(C) An analysis of the costs to school districts of	47980
complying with the mandate to provide handicapped children the	47981
least restrictive environment through mainstreaming.	47982

Section 172. The Arts Facilities Building Fund and Sports	47983
Facilities Building Fund created by section 3383.09 of the Revised	47984
Code are the same as the Arts Facilities Building Fund and the	47985
Sports Facilities Building Fund from which appropriations are made	47986
in Am. Sub. H.B. 640 of the 123rd General Assembly.	47987

Section 173. (A) Notwithstanding section 4717.07 of the	47988
Revised Code as amended by this act, the Board of Embalmers and	47989
Funeral Directors shall charge and collect the following fees for	47990
the renewal of licenses that expire on December 31, 2001:	47991

(1) Sixty dollars for renewal of an embalmer's or funeral	47992
director's license;	47993

(2) One hundred twenty-five dollars for renewal of a license	47994
to operate a funeral home;	47995

(3) One hundred dollars for renewal of a license to operate	47996
an embalming facility;	47997

(4) One hundred dollars for renewal of a license to operate	47998
a crematory facility.	47999

(B) Notwithstanding section 4717.08 of the Revised Code as	48000
amended by this act, every license issued under Chapter 4717. of	48001
the Revised Code expires on December 31, 2001, and shall be	48002
renewed on or before that date according to the standard license	48003
renewal procedure set forth in Chapter 4745. of the Revised Code.	48004

Section 174. Unless five licensed embalmers and practicing	48005
funeral directors are serving on the Board of Embalmers and	48006
Funeral Directors on the effective date of this section, the first	48007
person appointed to fill a vacancy occurring on the Board on or	48008
after that date under section 4717.02 of the Revised Code, as	48009
amended by this act, shall be a licensed embalmer and practicing	48010
funeral director with at least ten consecutive years of experience	48011
in this state immediately preceding the date of the person's	48012
appointment.	48013

Section 175. Notwithstanding section 4775.08 of the Revised	48014
Code, as amended by this act, during calendar year 2001, the	48015
initial and annual renewal fee for a motor vehicle collision	48016
repair registration certificate and for a temporary motor vehicle	48017
collision repair registration certificate is one hundred dollars	48018
for each business location at which the motor vehicle collision	48019
repair operator conducts business as an operator. However, the	48020
Board of Motor Vehicle Collision Repair Registration may adjust	48021
the fee in the same manner as provided in division (A) of section	48022
4775.08 of the Revised Code, as amended by this act.	48023

Section 176. (A) As used in this section:

48024

(1) "Amnesty" means forgiving a taxpayer's liability for	48025
penalties and one-half of the interest that accrue on account of	48026
the late payment, nonpayment, underreporting, or unreporting of	48027
delinquent taxes.	48028

(2) "Delinquent taxes" means taxes imposed under section	48029
5727.24 or 5727.30 (public utility excise tax), 5733.06 or 5733.41	48030
(corporation franchise tax), 5739.02 or 5741.02 (state sales and	48031
use taxes), or 5747.02 or 5747.41 (personal income tax) of the	48032
Revised Code, that were due and payable from a taxpayer, that were	48033
unreported or underreported, and that remain unpaid. "Delinquent	48034
taxes" does not include taxes for which, on October 15, 2001, a	48035
notice of assessment or audit has been issued, a bill has been	48036
issued, or an audit is currently being conducted.	48037

(3) "Taxpayer" means any individual or other person, as	48038
defined in section 5701.01 of the Revised Code, that is subject to	48039
taxes imposed under section 5727.24, 5727.30, 5733.06, 5733.41,	48040
5739.02, 5741.02, 5747.02, or 5747.41 of the Revised Code,	48041
including any vendor subject to sections 5739.03 and 5739.12 of	48042
the Revised Code, any seller subject to section 5741.04 or 5741.12	48043
of the Revised Code, any employer subject to section 5747.07 of	48044
the Revised Code, and any qualifying entity as defined in section	48045
5733.40 of the Revised Code.	48046

(B)(1) Beginning on October 15, 2001, and ending on January	48047
15, 2002, if a taxpayer that owes delinquent taxes pays the full	48048
amount of delinquent taxes and one-half of any interest to the	48049
Treasurer of State, in the form and manner prescribed by the Tax	48050
Commissioner, the Tax Commissioner shall grant amnesty for any	48051
penalties and one-half of the interest that otherwise are imposed	48052
as a result of delinquency in the payment of those taxes.	48053

(2) The Tax Commissioner shall prescribe forms on which	48054
taxpayers may apply for amnesty. The Tax Commissioner may require	48055
taxpayers applying for amnesty to file returns or reports,	48056
including amended returns and reports, that otherwise would be	48057
required.	48058

(C) If a taxpayer pays delinquent taxes as prescribed in	48059
division (B) of this section, no criminal prosecution or civil	48060
action shall be brought thereafter against the taxpayer and no	48061
assessment shall be issued thereafter against the taxpayer on	48062
account of the delinquent taxes paid.	48063

(D) Delinquent taxes and interest collected under this	48064
section shall be credited to the General Revenue Fund.	48065

(E) This section is hereby repealed, effective January 16,	48066
2002.	48067

Section 177.  MOTOR FUEL TAX TASK FORCE	48068

(A) There is hereby created the Motor Fuel Tax Task Force.	48069
The Task Force shall study the adequacy and distribution of the	48070
motor fuel tax and the method of funding the State Highway Patrol.	48071
The Task Force shall issue a report of its findings to the General	48072
Assembly and the Governor on December 2, 2002. The Task Force	48073
shall include in the report a recommendation for a direct funding	48074
source for the State Highway Patrol. Upon issuing its report, the	48075
Task Force shall cease to exist.	48076

(B) The Task Force shall consist of the following members:	48077

(1) Three members of the House of Representatives appointed	48078
by the Speaker of the House of Representatives, not more than two	48079
of whom shall be from the same political party as the Speaker;	48080

(2) Three members of the Senate appointed by the President	48081
of the Senate, not more than two of whom shall be from the same	48082
political party as the President;	48083

(3) The Director of Public Safety or the Director's	48084
designee;	48085

(4) The Director of Transportation or the Director's	48086
designee;	48087

(5) The Tax Commissioner or the Commissioner's designee;	48088

(6) The Director of Budget and Management or the Director's	48089
designee;	48090

(7) One person appointed by the Speaker of the House of	48091
Representatives to represent the general public;	48092

(8) One person appointed by the President of the Senate to	48093
represent the general public;	48094

(9) Eight members appointed jointly by the Speaker of the	48095
House of Representatives and the President of the Senate, one from	48096
each of eight lists of three individuals recommended by the County	48097
Commissioners Association of Ohio, the Ohio Municipal League, the	48098
Ohio Township Association, the County Engineers Association of	48099
Ohio, the Ohio Public Expenditure Council, the State Highway	48100
Patrol troopers' collective bargaining unit, the Ohio Contractors	48101
Association, and the Ohio Petroleum Council, respectively.	48102

A vacancy on the Task Force shall be filled in the manner	48103
provided for the original appointment.	48104

(C) The Speaker of the House of Representatives and the	48105
President of the Senate each shall appoint a co-chairperson of the	48106
Task Force from among the appointees who are members of their	48107
respective chambers. The co-chairpersons shall call the first	48108
meeting of the Task Force within thirty days after the last member	48109
is appointed.	48110

(D) The Legislative Service Commission shall provide staff	48111
services for the Task Force.	48112

Section 178. Except as otherwise specifically provided in	48113
this act, the codified sections of law amended or enacted in this	48114
act, and the items of law of which the codified sections of law	48115
amended or enacted in this act are composed, are subject to the	48116
referendum. Therefore, under Ohio Constitution, Article II,	48117
Section 1c and section 1.471 of the Revised Code, the codified	48118
sections of law amended or enacted by this act, and the items of	48119
law of which the codified sections of law as amended or enacted by	48120
this act are composed, take effect on the ninety-first day after	48121
this act is filed with the Secretary of State. If, however, a	48122
referendum petition is filed against any such codified section of	48123
law as amended or enacted by this act, or against any item of law	48124
of which any such codified section of law as amended or enacted by	48125
this act is composed, the codified section of law as amended or	48126
enacted, or item of law, unless rejected at the referendum, takes	48127
effect at the earliest time permitted by law.	48128

Section 179. Except as otherwise specifically provided in	48129
this act, the repeal by this act of a codified section of law is	48130
subject to the referendum. Therefore, under Ohio Constitution,	48131
Article II, Section 1c and section 1.471 of the Revised Code, the	48132
repeal by this act of a codified section of law takes effect on	48133
the ninety-first day after this act is filed with the Secretary of	48134
State. If, however, a referendum petition is filed against any	48135
such repeal, the repeal, unless rejected at the referendum, takes	48136
effect at the earliest time permitted by law.	48137

Section 180. The repeals of sections 166.032, 1329.68,	48138
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and	48139
5126.054 of the Revised Code constitute items of law that are not	48140
subject to the referendum. Therefore, under Ohio Constitution,	48141
Article II, Section 1d and section 1.471 of the Revised Code, the	48142
repeals go into immediate effect when this act becomes law.	48143

Section 181. Sections 105.41, 111.16, 111.18, 111.23, 111.25,	48144
121.40, 122.011, 133.06, 166.03, 181.52, 901.43, 901.63, 901.81,	48145
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,	48146
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,	48147
1329.56, 1329.58, 1329.60, 1329.601, 1501.40, 1502.12, 1701.05,	48148
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04,	48149
1703.041, 1703.15, 1703.17, 1703.27, 1705.05, 1705.06, 1705.38,	48150
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10,	48151
1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06,	48152
3301.70, 3302.041, 3313.603, 3314.08, 3314.09, 3314.091, 3317.012,	48153
3317.013, 3317.014, 3317.02, 3317.021, 3317.022, 3317.024,	48154
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.03,	48155
3317.05, 3317.051, 3317.064, 3317.161 (3317.052), 3317.162	48156
(3317.053), 3317.11, 3317.13, 3317.16, 3317.19, 3317.20, 3318.042,	48157
3318.52, 3323.09, 3323.091, 3333.043, 3333.21, 3333.22, 3702.68,	48158
3721.07, 3734.57, 3745.014, 3745.11, 3745.22, 3769.08, 3769.20,	48159
3923.28, 3923.30, 4115.10, 4301.43, 4511.81, 4905.87, 5101.071	48160
(5101.251), 5101.521, 5101.821, 5101.85, 5101.853 (5101.851),	48161
5101.852, 5101.854 (5101.853), 5103.07, 5111.041, 5111.042,	48162
5111.081, 5111.171, 5111.20, 5111.23, 5111.231, 5111.25, 5111.251,	48163
5111.255, 5111.28, 5111.29, 5111.34 (5111.206), 5111.341,	48164
5111.342, 5111.343, 5111.344, 5111.345, 5111.346, 5111.347,	48165
5111.348, 5111.349, 5111.3410, 5111.3411, 5111.3412, 5111.3413,	48166
5111.3414, 5111.3415, 5111.58, 5111.87 (5111.871), 5111.872,	48167
5111.873, 5123.01, 5123.041, 5123.044, 5123.045, 5123.046,	48168
5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411, 5123.0412,	48169
5123.0413, 5123.195, 5123.71, 5123.76, 5126.01, 5126.042,	48170
5126.046, 5126.047, 5126.05, 5126.051, 5126.054, 5126.055,	48171
5126.056, 5126.12, 5126.18, 5126.357, 5126.431, 5139.11, 5705.091,	48172
5705.41, 5705.44, 5725.31, 5727.84, 5727.85, 5729.07, 5733.122,	48173
5733.42, 5747.39, and 6109.21 of the Revised Code as amended or	48174
enacted by this act, and the items of law of which such sections	48175
as amended or enacted by this act are composed, are not subject to	48176
the referendum. Therefore, under Ohio Constitution, Article II,	48177
Section 1d and section 1.471 of the Revised Code, such sections as	48178
amended or enacted by this act, and the items of law of which such	48179
sections as amended or enacted by this act are composed, go into	48180
immediate effect when this act becomes law.	48181

Section 182. (A) The amendment by this act removing language	48182
from division (B)(1)(e) of section 125.22 of the Revised Code	48183
constitutes an item of law that is subject to the referendum.	48184
Therefore, under Ohio Constitution, Article II, Section 1c and	48185
section 1.471 of the Revised Code, the item takes effect on the	48186
ninety-first day after this act is filed with the Secretary of	48187
State. If, however, a referendum petition is filed against the	48188
item, the item, unless rejected at the referendum, takes effect at	48189
the earliest time permitted by law.	48190

(B) The amendment by this act inserting division (A)(20)	48191
into section 125.22 of the Revised Code constitutes an item of law	48192
that is not subject to the referendum. Therefore, under Ohio	48193
Constitution, Article II, Section 1d and section 1.471 of the	48194
Revised Code, the item goes into immediate effect when this act	48195
becomes law.	48196

Section 183. (A) The amendment by this act removing language	48197
from division (B)(2) of section 3318.04 of the Revised Code	48198
constitutes an item of law that is subject to the referendum.	48199
Therefore, under Ohio Constitution, Article II, Section 1c and	48200
section 1.471 of the Revised Code, the item takes effect on the	48201
ninety-first day after this act is filed with the Secretary of	48202
State. If, however, a referendum petition is filed against the	48203
item, the item, unless rejected at the referendum, takes effect at	48204
the earliest time permitted by law.	48205

(B) The amendment by this act inserting division (B)(3) into	48206
section 3318.04 of the Revised Code constitutes an item of law	48207
that is not subject to the referendum. Therefore, under Ohio	48208
Constitution, Article II, Section 1d and section 1.471 of the	48209
Revised Code, the item goes into immediate effect when this act	48210
becomes law.	48211

Section 184. (A) The amendment by this act removing language	48212
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting	48213
language into what are now divisions (G)(3) and (H), of section	48214
3734.82 of the Revised Code constitutes an item of law that is	48215
subject to the referendum. Therefore, under Ohio Constitution,	48216
Article II, Section 1c and section 1.471 of the Revised Code, the	48217
item takes effect on the ninety-first day after this act is filed	48218
with the Secretary of State. If, however, a referendum petition	48219
is filed against the item, the item, unless rejected at the	48220
referendum, takes effect at the earliest time permitted by law.	48221

(B) The amendment by this act to former division (G)(3) (now	48222
division (G)(2)) of section 3734.82 of the Revised Code	48223
constitutes an item of law that is not subject to the referendum.	48224
Therefore, under Ohio Constitution, Article II, Section 1d and	48225
section 1.471 of the Revised Code, the item goes into immediate	48226
effect when this act becomes law.	48227

Section 185. (A) The amendment by this act inserting	48228
language into division (G) of section 5119.01 of the Revised Code	48229
constitutes an item of law that is subject to the referendum.	48230
Therefore, under Ohio Constitution, Article II, Section 1c and	48231
section 1.471 of the Revised Code, the item takes effect on the	48232
ninety-first day after this act is filed with the Secretary of	48233
State. If, however, a referendum petition is filed against the	48234
item, the item, unless rejected at the referendum, takes effect at	48235
the earliest time permitted by law.	48236

(B) The amendment by this act removing language from	48237
division (I) of section 5119.01 of the Revised Code constitutes an	48238
item of law that is not subject to the referendum. Therefore,	48239
under Ohio Constitution, Article II, Section 1d and section 1.471	48240
of the Revised Code, the item goes into immediate effect when this	48241
act becomes law.	48242

Section 186. The repeal by this act of section 3317.0215 of	48243
the Revised Code is not subject to the referendum. Therefore,	48244
under Ohio Constitution, Article II, Section 1d and section 1.471	48245
of the Revised Code, the repeal goes into immediate effect when	48246
this act becomes law.	48247

Section 187. The amendment by this act of sections 126.21,	48248
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal	48249
years beginning with fiscal year 2003.	48250

Section 188. Except as otherwise specifically provided in	48251
this act, the uncodified sections of law amended or enacted in	48252
this act, and the items of law of which the uncodified sections of	48253
law amended or enacted in this act are composed, are not subject	48254
to the referendum. Therefore, under Ohio Constitution, Article	48255
II, Section 1d and section 1.471 of the Revised Code, the	48256
uncodified sections of law amended or enacted in this act, and the	48257
items of law of which the uncodified sections of law amended or	48258
enacted in this act are composed, go into immediate effect when	48259
this act becomes law.	48260

Section 189. Uncodified sections of law amended or enacted in	48261
this act, and items of law contained within the uncodified	48262
sections of law amended or enacted in this act, that are marked	48263
with an asterisk are subject to the referendum. Therefore, under	48264
Ohio Constitution, Article II, Section 1c and section 1.471 of the	48265
Revised Code, the uncodified sections and items of law marked with	48266
an asterisk take effect on the ninety-first day after this act is	48267
filed with the Secretary of State. If, however, a referendum	48268
petition is filed against an uncodified section or item of law	48269
marked with an asterisk, the uncodified section or item of law	48270
marked with an asterisk, unless rejected at the referendum, takes	48271
effect at the earliest time permitted by law.	48272

If the amending and existing repeal clauses commanding the	48273
amendment of an uncodified section of law are both marked with	48274
asterisks, the uncodified section as amended is deemed also to	48275
have been marked with an asterisk.	48276

An asterisk marking an uncodified section or item of law has	48277
the form *.	48278

This section defines the meaning and form of, but is not	48279
itself to be considered marked with, an asterisk.	48280

Section 190. The amendment to Section 10 of Am. Sub. S.B. 287	48281
of the 123rd General Assembly constitutes an item of law that is	48282
subject to the referendum. Therefore, under Ohio Constitution,	48283
Article II, Section 1c and section 1.471 of the Revised Code, the	48284
item takes effect on the ninety-first day after this act is filed	48285
with the Secretary of State. If, however, a referendum petition	48286
is filed against the item, the item, unless rejected at the	48287
referendum, takes effect at the earliest time permitted by law.	48288

Section 191. The amendments by this act to Section 5 of Am.	48289
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am.	48290
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am.	48291
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am.	48292
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am.	48293
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am.	48294
S.B. 210 of the 123rd General Assembly, and to Section 129 of Am.	48295
Sub. H.B. 283 of the 123rd General Assembly constitute items of	48296
law that are not subject to the referendum. Therefore, under Ohio	48297
Constitution, Article II, Section 1d and section 1.471 of the	48298
Revised Code, the items go into immediate effect when this act	48299
becomes law.	48300

Section 192. The repeals by this act of Section 18 of Am.	48301
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of	48302
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to	48303
the referendum. Therefore, under Ohio Constitution, Article II,	48304
Section 1d and section 1.471 of the Revised Code, the repeals go	48305
into immediate effect when this act becomes law.	48306

Section 193. If the amendment or enactment in this act of a	48307
codified or uncodified section of law is subject to the	48308
referendum, the corresponding indications in the amending,	48309
enacting, or existing repeal clauses commanding the amendment or	48310
enactment also are subject to the referendum, along with the	48311
amendment or enactment. If the amendment or enactment by this act	48312
of a codified or uncodified section of law is not subject to the	48313
referendum, the corresponding indications in the amending,	48314
enacting, or existing repeal clauses commanding the amendment or	48315
enactment also are not subject to the referendum, the same as the	48316
amendment or enactment.	48317

Section 194. An item, other than an amending, enacting, or	48318
repealing clause, that composes the whole or part of an uncodified	48319
section contained in this act has no effect after June 30, 2003,	48320
unless its context clearly indicates otherwise.	48321

Section 195. Section 901.63 of the Revised Code is presented	48322
in this act as a composite of the section as amended by both Sub.	48323
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	48324
General Assembly, applying the principle stated in division (B) of	48325
section 1.52 of the Revised Code that amendments are to be	48326
harmonized if reasonably capable of simultaneous operation, finds	48327
that the composite is the resulting version of the section in	48328
effect prior to the effective date of the section as presented in	48329
this act.	48330

Section 196. * Section 2317.02 of the Revised Code is	48331
presented in this act as a composite of the section as amended by	48332
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General	48333
Assembly. The General Assembly, applying the principle stated in	48334
division (B) of section 1.52 of the Revised Code that amendments	48335
are to be harmonized if reasonably capable of simultaneous	48336
operation, finds that the composite is the resulting version of	48337
the section in effect prior to the effective date of the section	48338
as presented in this act.	48339

Section 197. * Section 2953.21 of the Revised Code is	48340
presented in this act as a composite of the section as amended by	48341
both Sub. S.B. 258 and Am. Sub. S.B. 269 of the 121st General	48342
Assembly. The General Assembly, applying the principle stated in	48343
division (B) of section 1.52 of the Revised Code that amendments	48344
are to be harmonized if reasonably capable of simultaneous	48345
operation, finds that the composite is the resulting version of	48346
the section in effect prior to the effective date of the section	48347
as presented in this act.	48348

Section 198.  Section 3317.03 of the Revised Code is	48349
presented in this act as a composite of the section as amended by	48350
both Am. Sub. H.B. 640 and Sub. S.B. 173 of the 123rd General	48351
Assembly. The General Assembly, applying the principle stated in	48352
division (B) of section 1.52 of the Revised Code that amendments	48353
are to be harmonized if reasonably capable of simultaneous	48354
operation, finds that the composite is the resulting version of	48355
the section in effect prior to the effective date of the section	48356
as presented in this act.	48357

Section 199. * Section 5101.141 of the Revised Code is	48358
presented in this act as a composite of the section as amended by	48359
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General	48360
Assembly. The General Assembly, applying the principle stated in	48361
division (B) of section 1.52 of the Revised Code that amendments	48362
are to be harmonized if reasonably capable of simultaneous	48363
operation, finds that the composite is the resulting version of	48364
the section in effect prior to the effective date of the section	48365
as presented in this act.	48366

Section 200. * Section 5101.80 of the Revised Code is	48367
presented in this act as a composite of the section as amended by	48368
both Am. Sub. H.B. 470 and H.B. 471 of the 123rd General	48369
Assembly. The General Assembly, applying the principle stated in	48370
division (B) of section 1.52 of the Revised Code that amendments	48371
are to be harmonized if reasonably capable of simultaneous	48372
operation, finds that the composite is the resulting version of	48373
the section in effect prior to the effective date of the section	48374
as presented in this act.	48375

Section 201. Section 5111.20 of the Revised Code is presented	48376
in this act as a composite of the section as amended by both Sub.	48377
H.B. 403 and Sub. H.B. 448 of the 123rd General Assembly. The	48378
General Assembly, applying the principle stated in division (B) of	48379
section 1.52 of the Revised Code that amendments are to be	48380
harmonized if reasonably capable of simultaneous operation, finds	48381
that the composite is the resulting version of the section in	48382
effect prior to the effective date of the section as presented in	48383
this act.	48384

Section 202. * Section 5119.61 of the Revised Code is	48385
presented in this act as a composite of the section as amended by	48386
both Am. H.B. 264 and Am. Sub. H.B. 283 of the 123rd General	48387
Assembly. The General Assembly, applying the principle stated in	48388
division (B) of section 1.52 of the Revised Code that amendments	48389
are to be harmonized if reasonably capable of simultaneous	48390
operation, finds that the composite is the resulting version of	48391
the section in effect prior to the effective date of the section	48392
as presented in this act.	48393

Section 203.  Section 5123.71 of the Revised Code is	48394
presented in this act as a composite of the section as amended by	48395
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	48396
Assembly. The General Assembly, applying the principle stated in	48397
division (B) of section 1.52 of the Revised Code that amendments	48398
are to be harmonized if reasonably capable of simultaneous	48399
operation, finds that the composite is the resulting version of	48400
the section in effect prior to the effective date of the section	48401
as presented in this act.	48402

Section 204.  Section 5123.76 of the Revised Code is	48403
presented in this act as a composite of the section as amended by	48404
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	48405
Assembly. The General Assembly, applying the principle stated in	48406
division (B) of section 1.52 of the Revised Code that amendments	48407
are to be harmonized if reasonably capable of simultaneous	48408
operation, finds that the composite is the resulting version of	48409
the section in effect prior to the effective date of the section	48410
as presented in this act.	48411

Section 205. * Section 5739.02 of the Revised Code is	48412
presented in this act as a composite of the section as amended by	48413
Am. Sub. H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of the 123rd	48414
General Assembly. The General Assembly, applying the principle	48415
stated in division (B) of section 1.52 of the Revised Code that	48416
amendments are to be harmonized if reasonably capable of	48417
simultaneous operation, finds that the composite is the resulting	48418
version of the section in effect prior to the effective date of	48419
the section as presented in this act.	48420

Section 206. If any item of law that constitutes the whole or	48421
part of a codified or uncodified section of law contained in this	48422
act, or if any application of any item of law that constitutes the	48423
whole or part of a codified or uncodified section of law contained	48424
in this act, is held invalid, the invalidity does not affect other	48425
items of law or applications of items of law that can be given	48426
effect without the invalid item of law or application. To this	48427
end, the items of law of which the codified and uncodified	48428
sections contained in this act are composed, and their	48429
applications, are independent and severable.	48430