Sub. H. B. No. 94 As Reported by the Senate Finance and Financial Institutions Committee

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

SENATORS Jacobson, Spada

A BILL

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

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

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

107.10 111.16, 111.18, 111.23, 111.25, 118.08,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

901.81, 901.82, 917.07, 917.99, 1309.40,

1309.401, 1309.402, 1309.42, 1329.01, 1329.04,

1329.06, 1329.07, 1329.42, 1329.421, 1329.45,

1329.56, 1329.58, 1329.60, 1329.601, 1345.21,

1501.01, 1501.04, 1501.23, 1501.40, 1503.011,

1507.01, 1509.06, 1509.071, 1509.08, 1509.11,

1509.23, 1513.05, 1513.13, 1513.14, 1514.11,

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

1533.13, 1547.67, 1561.05, 1561.07, 1561.11,

1561.12, 1561.13, 1561.14, 1561.15, 1561.16,

1561.17, 1561.18, 1561.19, 1561.20, 1561.21,

1561.22, 1561.23, 1561.26, 1561.35, 1561.351,

1561.46, 1561.51, 1561.52, 1563.13, 1565.04,

1565.06, 1565.07, 1565.08, 1565.25, 1701.05,

1701.07, 1701.81, 1702.05, 1702.06, 1702.43,

1702.59, 1703.04, 1703.041, 1703.15, 1703.17,

1703.27, 1703.31, 1705.05, 1705.06, 1705.38,

1705.55, 1746.04, 1746.06, 1746.15, 1747.03,

1747.04, 1747.10, 1775.63, 1775.64, 1782.04,

1782.08, 1782.09, 1782.433, 1785.06, 1901.26,

1907.24, 2303.20, 2303.201, 2317.02, 2317.022,

2329.66, 2715.041, 2715.045, 2716.13, 2919.271,

2921.13, 2953.21, 3109.14, 3109.17, 3119.022,

3301.075, 3301.70, 3301.80, 3301.85, 3307.05,

3311.057, 3313.37, 3313.41, 3313.603, 3313.64,

3314.07, 3314.08, 3314.09, 3316.20, 3317.012,

3317.013, 3317.014, 3317.02, 3317.021, 3317.022,

3317.023, 3317.024, 3317.029, 3317.0210,

3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,

3317.051, 3317.06, 3317.064, 3317.10, 3317.11,

3317.13, 3317.16, 3317.161, 3317.162, 3317.19,

3317.20, 3318.01, 3318.04, 3318.08, 3318.084,

3318.10, 3318.31, 3318.36, 3319.19, 3321.01,

3323.09, 3323.091, 3327.10, 3333.02, 3333.03,

3333.043, 3333.12, 3333.13, 3333.21, 3333.22,

3345.05, 3345.19, 3353.07, 3383.01, 3383.02,

3383.04, 3383.07, 3505.063, 3517.092, 3701.04,

3701.142, 3701.77, 3701.771, 3701.772, 3702.68,

3704.034, 3721.07, 3721.10, 3721.12, 3721.13,

3721.15, 3721.16, 3721.17, 3721.51, 3721.56,

3722.01, 3722.15, 3722.16, 3734.57, 3734.82,

3734.901, 3734.904, 3735.27, 3745.014, 3745.04,

3745.11, 3745.22, 3748.07, 3748.13, 3750.02,

3750.13, 3769.08, 3769.085, 3769.087, 3769.20,

3770.06, 3773.56, 3793.04, 3902.23, 3923.28,

3923.29, 3923.30, 4105.17, 4115.10, 4121.44,

4123.27, 4301.12, 4301.17, 4301.24, 4301.422,

4301.43, 4303.33, 4303.331, 4503.10, 4503.102,

4503.12, 4503.182, 4505.061, 4506.08, 4507.23,

4507.24, 4507.50, 4507.52, 4511.81, 4519.03,

4519.10, 4519.56, 4519.69, 4701.10, 4701.16,

4707.01, 4707.011, 4707.02, 4707.03, 4707.04,

4707.05, 4707.06, 4707.07, 4707.071, 4707.072,

4707.08, 4707.09, 4707.10, 4707.11, 4707.111,

4707.12, 4707.13, 4707.15, 4707.152, 4707.16,

4707.19, 4707.20, 4707.21, 4707.23, 4707.99,

4713.10, 4715.03, 4715.13, 4715.14, 4715.16,

4715.21, 4715.24, 4715.27, 4717.02, 4717.07,

4717.08, 4717.09, 4723.08, 4723.32, 4723.79,

4725.44, 4725.48, 4725.49, 4729.65, 4731.14,

4731.53, 4734.20, 4736.12, 4736.14, 4743.05,

4755.01, 4761.05, 4775.01, 4775.02, 4775.08,

4775.99, 4779.01, 4779.02, 4779.16, 4779.19,

4779.20, 4779.26, 4911.17, 4921.18, 4923.11,

5101.071, 5101.14, 5101.141, 5101.145, 5101.184,

5101.19, 5101.36, 5101.50, 5101.521, 5101.54,

5101.80, 5101.83, 5101.85, 5101.853, 5101.854,

5103.031, 5103.033, 5103.036, 5103.0312,

5103.0313, 5103.0314, 5103.0316, 5103.07,

5104.341, 5107.02, 5107.10, 5107.14, 5107.18,

5108.01, 5108.06, 5108.07, 5108.08, 5108.09,

5108.10, 5111.01, 5111.022, 5111.041, 5111.17,

5111.231, 5111.25, 5111.251, 5111.262, 5111.28,

5111.29, 5111.87, 5119.01, 5119.06, 5119.22,

5119.61, 5120.10, 5122.31, 5123.01, 5123.041,

5123.082, 5123.60, 5123.71, 5123.76, 5126.01,

5126.041, 5126.042, 5126.05, 5126.051, 5126.053,

5126.06, 5126.071, 5126.08, 5126.11, 5126.12,

5126.15, 5126.16, 5126.18, 5126.19, 5126.20,

5126.22, 5126.25, 5126.31, 5126.311, 5126.32,

5126.357, 5126.431, 5139.01, 5139.11, 5139.29,

5139.31, 5153.165, 5153.60, 5153.69, 5153.78,

100

5703.17, 5703.49, 5705.091, 5705.19, 5705.41,

101

5705.44, 5709.17, 5711.33, 5721.30, 5725.31,

102

5727.25, 5727.26, 5727.81, 5727.811, 5727.82,

103

5727.84, 5727.85, 5729.86, 5727.87, 5728.08,

104

5729.07, 5731.21, 5733.02, 5733.021, 5733.053,

105

5733.056, 5733.06, 5733.12, 5733.122, 5733.18,

106

5733.351, 5733.401, 5733.42, 5735.06, 5735.061,

107

5739.01, 5739.02, 5739.024, 5739.032, 5739.07,

108

5739.102, 5739.12, 5739.121, 5739.13, 5739.18,

109

5741.10, 5741.12, 5743.62, 5743.63, 5745.03,

110

5745.04, 5747.122, 5747.221, 5747.39, 5749.06,

111

6101.25, 6109.13, 6109.21, 6111.035, and

112

6111.044; to amend, for the purpose of adopting

113

new section numbers as indicated in parentheses,

114

sections 3317.161 (3317.052), 3317.162 (3317.053),

115

5101.19 (329.19), 5101.071 (5101.251), 5101.853

116

(5101.851), 5101.854 (5101.853), 5108.06

117

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

118

and 5111.87 (5111.871); to enact new sections

119

3318.052, 5101.852, 5108.07, 5108.08, 5111.34,

120

5111.87, and 5126.054 and sections 101.302,

121

101.303, 103.33, 109.761, 122.60, 122.601,

122

122.602, 122.603, 122.604, 122.605, 340.16,

123

504.21, 1502.12, 1513.10, 1521.19, 3302.041,

124

3303.01, 3305.061, 3311.058, 3311.062, 3314.072,

125

3314.091, 3317.0217, 3318.042, 3318.086, 3318.363,

126

3318.50, 3318.51, 3318.52, 3353.11, 3383.09,

127

3701.92, 3721.161, 3721.162, 3745.10, 3745.15,

128

3748.08, 3750.081, 4117.102, 4715.031, 4723.062,

129

4731.573, 4771.22, 4905.071, 4905.87, 5101.5110,

130

5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,

131

5111.63, 5111.85, 5111.86, 5111.872, 5111.873,

132

5119.611, 5119.612, 5123.044, 5123.045, 5123.046,

133

5123.047, 5123.048, 5123.049, 5123.0410,

134

5123.0411, 5123.0412, 5123.0413, 5126.035,

135

5126.046, 5126.055, 5126.056, 5126.057, 5126.14,

136

5126.221, 5126.313, 5139.87, and 5153.06; to

137

contingently enact section 1309.525; and to repeal

138

sections 9.832, 103.31, 103.32, 105.45, 105.46,

139

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

140

1329.68, 1503.35, 1503.351, 1507.12, 1553.01,

141

1553.02, 1553.03, 1553.04, 1553.05, 1553.06,

142

1553.07, 1553.08, 1553.09, 1553.10, 1553.99,

143

1561.10, 1561.53, 1561.54, 1561.55, 2151.652,

144

3317.0215, 3318.052, 3701.88, 3702.17, 3729.01,

145

3729.02, 3729.03, 3729.05, 3729.10, 3729.11,

146

3729.12, 3729.14, 3729.15, 3729.16, 3729.17,

147

3729.18, 3729.21, 3729.22, 3729.23, 3729.24,

148

3729.26, 3729.29, 3729.36, 3729.40, 3729.41,

149

3729.43, 3729.45, 3729.46, 3729.55, 3729.61,

150

3729.99, 5101.143, 5101.52, 5101.541, 5101.542,

151

5101.543, 5101.851, 5101.852, 5111.34, 5111.341,

152

5111.88, 5126.054, 5139.28, and 5741.18 of the

153

Revised Code; to amend the versions of sections

154

5139.29, 5139.31, and 5705.19 and to repeal the

155

version of section 2151.652 of the Revised Code

156

that are scheduled to take effect January 1, 2002;

157

and to amend the versions of sections 5139.01 and

158

5139.11 of the Revised Code that are scheduled to

159

take effect January 1, 2002, and to amend Section

160

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

161

Assembly, as subsequently amended; to amend

162

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

163

General Assembly, as subsequently amended; to

164

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

165

General Assembly, as subsequently amended; to

166

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

167

General Assembly, as subsequently amended; to

168

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

169

General Assembly, as subsequently amended; to

170

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

171

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

172

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

173

123rd General Assembly, as subsequently amended;

174

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

175

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

176

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

177

subsequently amended; to amend Section 4 of Am.

178

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

179

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

180

123rd General Assembly; to amend Section 129 of

181

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

182

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

183

General Assembly; to amend Sections 10 and 13 of

184

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

185

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

186

119th General Assembly, as subsequently amended;

187

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

188

122nd General Assembly, as subsequently amended;

189

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

190

123rd General Assembly, as subsequently amended;

191

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

192

123rd General Assembly; to repeal Section 9 of

193

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

194

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

195

123rd General Assembly; and to repeal Section 197

196

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

197

appropriations for the biennium beginning July 1,

198

2001, and ending June 30, 2003, to provide

199

authorization and conditions for the operation of

200

state programs, and to provide that the provisions

201

of this act relative to the practices of

202

orthotics, prosthetics, and pedorthics terminate

203

on December 31, 2004, when sections 4779.01,

204

4779.02, 4779.16, 4779.19, 4779.20, and 4779.26 of

205

the Revised Code are repealed on that date.

206

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

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

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

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

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

317

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

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

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

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

331

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Approving inmates for work release;

588

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(J) As used in this section:

698

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

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

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

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

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

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

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

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

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

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

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

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

(4) Consolidate and combine state insurance coverages;

751

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

833

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

935

(2) Meetings of a caucus.

936

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

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

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

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

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

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

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

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

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

(1) Three per cent;

1044

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

1049

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) The joint legislative ethics committee:

1186

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1310

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) The total amount of the expenditures made;

1474

1475

(d) The approximate date the expenditures were made;

1476

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

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

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

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

(b) The total amount of the expenditures made;

1507

1508

(d) The approximate date the expenditures were made;

1509

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

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

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

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

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

(1) The general assembly;

1536

(2) Either house of the general assembly.

1537

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For state office, except member of		1916
state board of education	$50	1917
For office of member of United States		1918
congress or member of general assembly	$25	1919
For county office	$25	1920
	45	1921
For city office	$10	1922
	20	1923
For office of member of state board		1924
of education	$10	1925
	20	1926
For office of member of city, local,		1927
exempted village, or cooperative		1928
education board of		1929
education or educational service		1930
center governing board	$ 5	1931
For position of business manager,		1932
treasurer, or superintendent of		1933
city, local, exempted village, joint		1934
vocational, or cooperative education		1935
school district or		1936
educational service center	$ 5	1937
For office of member of the board of		1938
trustees of a state college or university	$50	1939

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2193

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

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

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

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

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

(1) An employee;

2216

(2) A business associate;

2217

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2549

(1) The main biennial operating appropriations bill;

2550

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

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

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

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

(6) The main biennial capital appropriations bill;

2560

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2643

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

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

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

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

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

2662

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2785

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2958

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3025

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

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

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

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

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

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

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

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

Sec. 111.18. (A) The secretary of state shall keep a record	3060
of all fees collected by the secretary of state and, ~~except as~~	3061
~~otherwise provided in this~~ subject to division (B) of section ~~and~~	3062
~~in sections~~ 1309.401 ~~and 1329.68 and division (C)(2) of section~~	3063
~~3506.05~~ of the Revised Code and except as otherwise provided in	3064
the Revised Code, shall pay~~, through June 30, 2001, fifty per cent~~	3065
of them into the state treasury to the credit of the ~~general~~	3066
~~revenue fund and fifty per cent of them into the state treasury to~~	3067
~~the credit of the~~ corporate and uniform commercial code filing	3068
fund created ~~under~~ by section 1309.401 of the Revised Code ~~and~~	3069
~~shall pay, on and after July 1, 2001, all of them into the state~~	3070
~~treasury to the credit of the general revenue fund. Through June~~	3071
~~30, 2001, all of the fees collected under divisions (I)(2) and (N)~~	3072
~~of section 111.16 of the Revised Code shall be paid into the state~~	3073
~~treasury to the credit of that corporate and uniform commercial~~	3074
~~code filing fund. On and after July 1, 2001, the following fees~~	3075
~~shall be paid into the state treasury to the credit of that~~	3076
~~corporate and uniform commercial code filing fund:~~	3077

~~(1) Twenty-five dollars of each fee collected under~~	3078
~~divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the~~	3079
~~Revised Code;~~	3080

~~(2) Twenty-five dollars of each fee collected under division~~	3081
~~(C) of section 1703.031 of the Revised Code;~~	3082

~~(3) All fees collected under divisions (I)(2) and (N) of~~	3083
~~section 111.16 of the Revised Code;~~	3084

~~(4) All fees collected under section 1703.08 of the Revised~~	3085
~~Code;~~	3086

~~(5) Each fifty-dollar fee for amendments filed by foreign~~	3087
~~nonprofit corporations under section 1703.27 of the Revised Code~~.	3088

(B) ~~The secretary of state may implement a credit card~~	3089
~~payment program permitting payment of any fee charged by the~~	3090
~~secretary of state by means of a credit card. The secretary of~~	3091
~~state may open an account outside the state treasury in a~~	3092
~~financial institution for the purpose of depositing credit card~~	3093
~~receipts. Within forty-eight hours following the deposit of the~~	3094
~~receipts, the financial institution shall make available to the~~	3095
~~secretary of state funds in the amount of the receipts. The~~	3096
~~secretary of state shall then pay these funds into the state~~	3097
~~treasury to the credit of the general revenue fund, except as~~	3098
~~otherwise provided by the Revised Code.~~	3099

~~The secretary of state may pay the cost of any service charge~~	3100
~~required by a financial institution or credit card company in~~	3101
~~connection with a credit card payment program.~~	3102

~~The secretary of state shall adopt rules as necessary to~~	3103
~~carry out the purposes of this division. The rules shall include~~	3104
~~standards for determining eligible financial institutions and the~~	3105
~~manner in which funds shall be made available and shall be~~	3106
~~consistent with the standards contained in sections 135.03,~~	3107
~~135.18, and 135.181 of the Revised Code.~~	3108

The secretary of state may implement alternative payment	3109
programs that permit payment of any fee charged by the secretary	3110
of state by means other than cash, check, money order, or credit	3111
card; an alternative payment program may include, but is not	3112
limited to, one that permits a fee to be paid by electronic means	3113
of transmission. Fees paid under an alternative payment program	3114
shall be deposited to the credit of the secretary of state	3115
alternative payment program fund, which is hereby created. The	3116
secretary of state alternative payment program fund shall be in	3117
the custody of the treasurer of state but shall not be part of the	3118
state treasury. Any investment income of the secretary of state	3119
alternative payment program fund shall be credited to that fund	3120
and used to operate the alternative payment program. Within two	3121
working days following the deposit of funds to the credit of the	3122
secretary of state alternative payment program fund, the secretary	3123
of state shall pay those funds into the state treasury to the	3124
credit of the corporate and uniform commercial code filing fund,	3125
subject to division (B) of section 1309.401 of the Revised Code	3126
and except as otherwise provided in the Revised Code.	3127

The secretary of state shall adopt rules necessary to carry	3128
out the purposes of this division.	3129

Sec. 111.23. (A) The secretary of state, by rule, shall	3130
establish, and prescribe guidelines and fees for the use of, an	3131
"expedited filing service" that provides, at the option of the	3132
person making ~~such~~ a filing, expeditious processing of any filing	3133
with the secretary of state under ~~Chapters~~ Chapter 1309. ~~and~~ or	3134
1329. ~~and of any filing referred to in divisions (A), (B), (C),~~	3135
~~(D), (E), (F), and (G) of section 111.16~~ or Title XVII of the	3136
Revised Code.	3137

(B) The secretary of state may adopt rules establishing, and	3138
prescribing guidelines and fees for the use of, a bulk filing	3139
service that provides, at the option of the person making a	3140
filing, a method for providing large amounts of information. The	3141
secretary of state may charge and collect fees for filings made	3142
through a bulk filing service at reduced amounts from those	3143
otherwise specified in or authorized by the Revised Code.	3144

(C) The secretary of state may adopt rules establishing, and	3145
prescribing guidelines and fees for the use of, alternative filing	3146
procedures in making filings with the secretary of state. Under	3147
these rules, the secretary of state may accept any filing and	3148
payment of associated fees through any electronic, digital,	3149
facsimile, or other means of transmission. The filings shall be	3150
made on a form prescribed by the secretary of state and shall	3151
comply fully with any other requirements of the Revised Code	3152
applicable to the type of filing being made.	3153

Sec. 111.25. (A) The secretary of state shall prescribe the	3154
following forms for persons to use in complying with the	3155
requirements of Chapter 1309. of the Revised Code for the filing	3156
of financing statements and related documents:	3157

~~(A)~~(1) The financing statement described in division (A) of	3158
section 1309.39 of the Revised Code;	3159

~~(B)~~(2) A form for the amendment of a financing statement	3160
described in division (C) of section 1309.39 of the Revised Code;	3161

~~(C)~~(3) A continuation statement described in division (C) of	3162
section 1309.40 of the Revised Code;	3163

~~(D)~~(4) A termination statement described in division (A) of	3164
section 1309.41 of the Revised Code;	3165

~~(E)~~(5) A form for an assignment of rights under a financing	3166
statement described in section 1309.42 of the Revised Code;	3167

~~(F)~~(6) A statement of release described in section 1309.43	3168
of the Revised Code.	3169

(B) The secretary of state shall prescribe the forms for	3170
persons to use in complying with the requirements of Title XVII of	3171
the Revised Code to the extent that those requirements relate to	3172
filings with the secretary of state's office.	3173

Sec. 118.08. (A) The members of the financial planning and	3174
supervision commission shall serve without compensation, but shall	3175
be paid by the commission their necessary and actual expenses	3176
incurred while engaged in the business of the commission.	3177

(B) All expenses incurred for services rendered by the	3178
financial supervisor for a period of twenty-four months shall be	3179
paid by the commission pursuant to an appropriation made by the	3180
general assembly for this purpose. Expenses incurred for services	3181
rendered by the financial supervisor beyond this period shall be	3182
borne by the municipal corporation, county, or township unless the	3183
director of budget and management waives the costs and allows	3184
payment in accordance with the following:	3185

(1) If the continued performance of the financial supervisor	3186
is required for a period of twenty-five to thirty months, the	3187
municipal corporation, county, or township is responsible for	3188
twenty per cent of the compensation due.	3189

(2) If the continued performance of the financial supervisor	3190
is required for a period of thirty-one to thirty-six months, the	3191
municipal corporation, county, or township is responsible for	3192
fifty per cent of the compensation due.	3193

(3) If the continued performance of the financial supervisor	3194
is required for a period of thirty-seven months or more, the	3195
municipal corporation, county, or township is responsible for one	3196
hundred per cent of the compensation due except as otherwise	3197
provided in division (B)(4) of this section.	3198

(4) ~~Beginning in fiscal year 2000, if~~ If the continued	3199
performance of the financial supervisor has been required longer	3200
than eight fiscal years for any municipal corporation, county, or	3201
township declared to be in a fiscal emergency prior to fiscal year	3202
1996, that municipal corporation, county, or township is	3203
responsible for fifty per cent of the compensation due in its	3204
ninth fiscal year ~~2000~~ while in fiscal emergency and one hundred	3205
per cent of the compensation due in its tenth fiscal year ~~2001~~ and	3206
every fiscal year thereafter while in fiscal emergency.	3207

(C) If the municipal corporation, county, or township fails	3208
to make any payment to the financial supervisor as required by	3209
this chapter, the financial supervisor may certify to the county	3210
auditor the amount due, and that amount shall be withheld from the	3211
municipal corporation, county, or township from any fund or funds	3212
in the custody of the county auditor for distribution to the	3213
municipal corporation, county, or township, except for those	3214
reserved for payment of local government fund notes. Upon	3215
receiving ~~such~~ the certification from the ~~auditor of state~~	3216
financial supervisor, the county auditor shall draw a voucher for	3217
the amount against ~~such~~ those fund or funds in favor of the	3218
financial supervisor.	3219

Sec. 119.12. Any party adversely affected by any order of an	3220
agency issued pursuant to an adjudication denying an applicant	3221
admission to an examination, or denying the issuance or renewal of	3222
a license or registration of a licensee, or revoking or suspending	3223
a license, or allowing the payment of a forfeiture under section	3224
4301.252 of the Revised Code, may appeal from the order of the	3225
agency to the court of common pleas of the county in which the	3226
place of business of the licensee is located or the county in	3227
which the licensee is a resident, except that appeals from	3228
decisions of the liquor control commission, the state medical	3229
board, state chiropractic board, state dental board, and board of	3230
nursing shall be to the court of common pleas of Franklin county.	3231
If any such party is not a resident of and has no place of	3232
business in this state, the party may appeal to the court of	3233
common pleas of Franklin county.	3234

Any party adversely affected by any order of an agency issued	3235
pursuant to any other adjudication may appeal to the court of	3236
common pleas of Franklin county, except that appeals from orders	3237
of the fire marshal issued under Chapter 3737. of the Revised Code	3238
may be to the court of common pleas of the county in which the	3239
building of the aggrieved person is located.	3240

This section does not apply to appeals from the department of	3241
taxation.	3242

Any party desiring to appeal shall file a notice of appeal	3243
with the agency setting forth the order appealed from and the	3244
grounds of the party's appeal. A copy of such notice of appeal	3245
shall also be filed by the appellant with the court. Unless	3246
otherwise provided by law relating to a particular agency, such	3247
notices of appeal shall be filed within fifteen days after the	3248
mailing of the notice of the agency's order as provided in this	3249
section. For purposes of this paragraph, an order includes a	3250
determination appealed pursuant to division (C) of section 119.092	3251
of the Revised Code.	3252

The filing of a notice of appeal shall not automatically	3253
operate as a suspension of the order of an agency. If it appears	3254
to the court that an unusual hardship to the appellant will result	3255
from the execution of the agency's order pending determination of	3256
the appeal, the court may grant a suspension and fix its terms. If	3257
an appeal is taken from the judgment of the court and the court	3258
has previously granted a suspension of the agency's order as	3259
provided in this section, such suspension of the agency's order	3260
shall not be vacated and shall be given full force and effect	3261
until the matter is finally adjudicated. No renewal of a license	3262
or permit shall be denied by reason of such suspended order during	3263
the period of the appeal from the decision of the court of common	3264
pleas. In the case of an appeal from the state medical board or	3265
state chiropractic board, the court may grant a suspension and	3266
fix its terms if it appears to the court that an unusual hardship	3267
to the appellant will result from the execution of the agency's	3268
order pending determination of the appeal and the health, safety,	3269
and welfare of the public will not be threatened by suspension of	3270
the order. This provision shall not be construed to limit the	3271
factors the court may consider in determining whether to suspend	3272
an order of any other agency pending determination of an appeal.	3273

The final order of adjudication may apply to any renewal of a	3274
license or permit which has been granted during the period of the	3275
appeal.	3276

Notwithstanding any other provision of this section, any	3277
order issued by a court of common pleas or a court of appeals	3278
suspending the effect of an order of the liquor control commission	3279
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	3280
suspends, revokes, or cancels a permit issued under Chapter 4303.	3281
of the Revised Code, or that allows the payment of a forfeiture	3282
under section 4301.252 of the Revised Code, shall terminate not	3283
more than six months after the date of the filing of the record of	3284
the liquor control commission with the clerk of the court of	3285
common pleas and shall not be extended. The court of common	3286
pleas, or the court of appeals on appeal, shall render a judgment	3287
in that matter within six months after the date of the filing of	3288
the record of the liquor control commission with the clerk of the	3289
court of common pleas. A court of appeals shall not issue an	3290
order suspending the effect of an order of the liquor control	3291
commission that extends beyond six months after the date on which	3292
the record of the liquor control commission is filed with a court	3293
of common pleas.	3294

Notwithstanding any other provision of this section, any	3295
order issued by a court of common pleas suspending the effect of	3296
an order of the state medical board or state chiropractic board	3297
that limits, revokes, suspends, places on probation, or refuses to	3298
register or reinstate a certificate issued by the board or	3299
reprimands the holder of such a certificate shall terminate not	3300
more than fifteen months after the date of the filing of a notice	3301
of appeal in the court of common pleas, or upon the rendering of a	3302
final decision or order in the appeal by the court of common	3303
pleas, whichever occurs first.	3304

Within thirty days after receipt of a notice of appeal from	3305
an order in any case in which a hearing is required by sections	3306
119.01 to 119.13 of the Revised Code, the agency shall prepare and	3307
certify to the court a complete record of the proceedings in the	3308
case. Failure of the agency to comply within the time allowed,	3309
upon motion, shall cause the court to enter a finding in favor of	3310
the party adversely affected. Additional time, however, may be	3311
granted by the court, not to exceed thirty days, when it is shown	3312
that the agency has made substantial effort to comply. Such	3313
record shall be prepared and transcribed and the expense of it	3314
shall be taxed as a part of the costs on the appeal. The	3315
appellant shall provide security for costs satisfactory to the	3316
court of common pleas. Upon demand by any interested party, the	3317
agency shall furnish at the cost of the party requesting it a copy	3318
of the stenographic report of testimony offered and evidence	3319
submitted at any hearing and a copy of the complete record.	3320

Notwithstanding any other provision of this section, any	3321
party desiring to appeal an order or decision of the state	3322
personnel board of review shall, at the time of filing a notice of	3323
appeal with the board, provide a security deposit in an amount and	3324
manner prescribed in rules that the board shall adopt in	3325
accordance with this chapter. In addition, the board is not	3326
required to prepare or transcribe the record of any of its	3327
proceedings unless the appellant has provided the deposit	3328
described above. The failure of the board to prepare or	3329
transcribe a record for an appellant who has not provided a	3330
security deposit shall not cause a court to enter a finding	3331
adverse to the board.	3332

Unless otherwise provided by law, in the hearing of the	3333
appeal, the court is confined to the record as certified to it by	3334
the agency. Unless otherwise provided by law, the court may grant	3335
a request for the admission of additional evidence when satisfied	3336
that such additional evidence is newly discovered and could not	3337
with reasonable diligence have been ascertained prior to the	3338
hearing before the agency.	3339

The court shall conduct a hearing on such appeal and shall	3340
give preference to all proceedings under sections 119.01 to 119.13	3341
of the Revised Code, over all other civil cases, irrespective of	3342
the position of the proceedings on the calendar of the court. An	3343
appeal from an order of the state medical board issued pursuant to	3344
division (G) of either section 4730.25 or 4731.22 of the Revised	3345
Code, or the state chiropractic board issued pursuant to section	3346
4734.37 of the Revised Code, or the liquor control commission	3347
issued pursuant to Chapter 4301. or 4303. of the Revised Code	3348
shall be set down for hearing at the earliest possible time and	3349
takes precedence over all other actions. The hearing in the court	3350
of common pleas shall proceed as in the trial of a civil action,	3351
and the court shall determine the rights of the parties in	3352
accordance with the laws applicable to such action. At such	3353
hearing, counsel may be heard on oral argument, briefs may be	3354
submitted, and evidence introduced if the court has granted a	3355
request for the presentation of additional evidence.	3356

The court may affirm the order of the agency complained of in	3357
the appeal if it finds, upon consideration of the entire record	3358
and such additional evidence as the court has admitted, that the	3359
order is supported by reliable, probative, and substantial	3360
evidence and is in accordance with law. In the absence of such a	3361
finding, it may reverse, vacate, or modify the order or make such	3362
other ruling as is supported by reliable, probative, and	3363
substantial evidence and is in accordance with law. The court	3364
shall award compensation for fees in accordance with section	3365
2335.39 of the Revised Code to a prevailing party, other than an	3366
agency, in an appeal filed pursuant to this section.	3367

The judgment of the court shall be final and conclusive	3368
unless reversed, vacated, or modified on appeal. Such appeals may	3369
be taken either by the party or the agency, shall proceed as in	3370
the case of appeals in civil actions, and shall be pursuant to the	3371
Rules of Appellate Procedure and, to the extent not in conflict	3372
with those rules, Chapter 2505. of the Revised Code. Such appeal	3373
by the agency shall be taken on questions of law relating to the	3374
constitutionality, construction, or interpretation of statutes and	3375
rules of the agency, and in such appeal the court may also review	3376
and determine the correctness of the judgment of the court of	3377
common pleas that the order of the agency is not supported by any	3378
reliable, probative, and substantial evidence in the entire	3379
record.	3380

The court shall certify its judgment to such agency or take	3381
such other action necessary to give its judgment effect.	3382

Sec. 120.06. (A)(1) The state public defender, when	3383
designated by the court or requested by a county public defender	3384
or joint county public defender, may provide legal representation	3385
in all courts throughout the state to indigent adults and	3386
juveniles who are charged with the commission of an offense or act	3387
for which the penalty or any possible adjudication includes the	3388
potential loss of liberty.	3389

(2) The state public defender may provide legal	3390
representation to any indigent person who, while incarcerated in	3391
any state correctional institution, is charged with a felony	3392
offense, for which the penalty or any possible adjudication that	3393
may be imposed by a court upon conviction includes the potential	3394
loss of liberty.	3395

(3) The state public defender may provide legal	3396
representation to any person incarcerated in any correctional	3397
institution of the state, in any matter in which the person	3398
asserts the person is unlawfully imprisoned or detained.	3399

(4) The state public defender, in any case in which the	3400
state public defender has provided legal representation or is	3401
requested to do so by a county public defender or joint county	3402
public defender, may provide legal representation on appeal.	3403

(5) The state public defender, when designated by the court	3404
or requested by a county public defender, joint county public	3405
defender, or the director of rehabilitation and correction, shall	3406
provide legal representation in parole and probation revocation	3407
matters, unless the state public defender finds that the alleged	3408
parole or probation violator has the financial capacity to retain	3409
the alleged violator's own counsel.	3410

(6) If the state public defender contracts with a county	3411
public defender commission, a joint county public defender	3412
commission, or a board of county commissioners for the provision	3413
of services, under authority of division (C)(7) of section 120.04	3414
of the Revised Code, the state public defender shall provide legal	3415
representation in accordance with the contract.	3416

(B) The state public defender shall not be required to	3417
prosecute any appeal, postconviction remedy, or other proceeding	3418
pursuant to division (A)(3), (4), or (5) of this section, unless	3419
the state public defender first is satisfied that there is	3420
arguable merit to the proceeding.	3421

(C) A court may appoint counsel or allow an indigent person	3422
to select the indigent's own personal counsel to assist the state	3423
public defender as co-counsel when the interests of justice so	3424
require. When co-counsel is appointed to assist the state public	3425
defender, the co-counsel shall receive any compensation that the	3426
court may approve, not to exceed the amounts provided for in	3427
section 2941.51 of the Revised Code.	3428

(D) When the state public defender is designated by the	3429
court or requested by a county public defender or joint county	3430
public defender to provide legal representation for an indigent	3431
person in any case, other than pursuant to a contract entered into	3432
under authority of division (C)(7) of section 120.04 of the	3433
Revised Code, the state public defender shall send to the county	3434
in which the case is filed an itemized bill for fifty per cent of	3435
the actual cost of the representation. The county, upon receipt	3436
of an itemized bill from the state public defender pursuant to	3437
this division, shall pay fifty per cent of the actual cost of the	3438
legal representation as set forth in the itemized bill. There is	3439
hereby created in the state treasury the county representation	3440
fund for the deposit of moneys received from counties under this	3441
division. All moneys credited to the fund shall be used by the	3442
state public defender to provide legal representation for indigent	3443
persons when designated by the court or requested by a county or	3444
joint county public defender.	3445

(E)(1) Notwithstanding any contrary provision of sections	3446
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	3447
that pertains to representation by the attorney general, an	3448
assistant attorney general, or special counsel of an officer or	3449
employee, as defined in section 109.36 of the Revised Code, or of	3450
an entity of state government, the state public defender may elect	3451
to contract with, and to have the state pay pursuant to division	3452
(E)(2) of this section for the services of, private legal counsel	3453
to represent the Ohio public defender commission, the state public	3454
defender, assistant state public defenders, other employees of the	3455
commission or the state public defender, and attorneys described	3456
in division (C) of section 120.41 of the Revised Code in a	3457
malpractice or other civil action or proceeding that arises from	3458
alleged actions or omissions related to responsibilities derived	3459
pursuant to this chapter, or in a civil action that is based upon	3460
alleged violations of the constitution or statutes of the United	3461
States, including section 1983 of Title 42 of the United States	3462
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	3463
arises from alleged actions or omissions related to	3464
responsibilities derived pursuant to this chapter, if the state	3465
public defender determines, in good faith, that the defendant in	3466
the civil action or proceeding did not act manifestly outside the	3467
scope of the defendant's employment or official responsibilities,	3468
with malicious purpose, in bad faith, or in a wanton or reckless	3469
manner. If the state public defender elects not to contract	3470
pursuant to this division for private legal counsel in a civil	3471
action or proceeding, then, in accordance with sections 109.02,	3472
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	3473
attorney general shall represent or provide for the representation	3474
of the Ohio public defender commission, the state public defender,	3475
assistant state public defenders, other employees of the	3476
commission or the state public defender, or attorneys described in	3477
division (C) of section 120.41 of the Revised Code in the civil	3478
action or proceeding.	3479

(2)(a) Subject to division (E)(2)(b) of this section,	3480
payment from the state treasury for the services of private legal	3481
counsel with whom the state public defender has contracted	3482
pursuant to division (E)(1) of this section shall be accomplished	3483
only through the following procedure:	3484

(i) The private legal counsel shall file with the attorney	3485
general a copy of the contract; a request for an award of legal	3486
fees, court costs, and expenses earned or incurred in connection	3487
with the defense of the Ohio public defender commission, the state	3488
public defender, an assistant state public defender, an employee,	3489
or an attorney in a specified civil action or proceeding; a	3490
written itemization of those fees, costs, and expenses, including	3491
the signature of the state public defender and the state public	3492
defender's attestation that the fees, costs, and expenses were	3493
earned or incurred pursuant to division (E)(1) of this section to	3494
the best of the state public defender's knowledge and information;	3495
a written statement whether the fees, costs, and expenses are for	3496
all legal services to be rendered in connection with that defense,	3497
are only for legal services rendered to the date of the request	3498
and additional legal services likely will have to be provided in	3499
connection with that defense, or are for the final legal services	3500
rendered in connection with that defense; a written statement	3501
indicating whether the private legal counsel previously submitted	3502
a request for an award under division (E)(2) of this section in	3503
connection with that defense and, if so, the date and the amount	3504
of each award granted; and, if the fees, costs, and expenses are	3505
for all legal services to be rendered in connection with that	3506
defense or are for the final legal services rendered in connection	3507
with that defense, a certified copy of any judgment entry in the	3508
civil action or proceeding or a signed copy of any settlement	3509
agreement entered into between the parties to the civil action or	3510
proceeding.	3511

(ii) Upon receipt of a request for an award of legal fees,	3512
court costs, and expenses and the requisite supportive	3513
documentation described in division (E)(2)(a)(i) of this section,	3514
the attorney general shall review the request and documentation;	3515
determine whether any of the limitations specified in division	3516
(E)(2)(b) of this section apply to the request; and, if an award	3517
of legal fees, court costs, or expenses is permissible after	3518
applying the limitations, prepare a document awarding legal fees,	3519
court costs, or expenses to the private legal counsel. The	3520
document shall name the private legal counsel as the recipient of	3521
the award; specify the total amount of the award as determined by	3522
the attorney general; itemize the portions of the award that	3523
represent legal fees, court costs, and expenses; specify any	3524
limitation applied pursuant to division (E)(2)(b) of this section	3525
to reduce the amount of the award sought by the private legal	3526
counsel; state that the award is payable from the state treasury	3527
pursuant to division (E)(2)(a)(iii) of this section; and be	3528
approved by the inclusion of the signatures of the attorney	3529
general, the state public defender, and the private legal counsel.	3530

(iii) The attorney general shall forward a copy of the	3531
document prepared pursuant to division (E)(2)(a)(ii) of this	3532
section to the director of budget and management. The award of	3533
legal fees, court costs, or expenses shall be paid out of the	3534
state public defender's appropriations, to the extent there is a	3535
sufficient available balance in those appropriations. If the	3536
state public defender does not have a sufficient available balance	3537
in the state public defender's appropriations to pay the entire	3538
award of legal fees, court costs, or expenses, the director shall	3539
make application for a transfer of appropriations out of the	3540
emergency purposes account or any other appropriation for	3541
emergencies or contingencies in an amount equal to the portion of	3542
the award that exceeds the sufficient available balance in the	3543
state public defender's appropriations. A transfer of	3544
appropriations out of the emergency purposes account or any other	3545
appropriation for emergencies or contingencies shall be authorized	3546
if there are sufficient moneys greater than the sum total of then	3547
pending emergency purposes account requests, or requests for	3548
releases from the other appropriation. If a transfer of	3549
appropriations out of the emergency purposes account or other	3550
appropriation for emergencies or contingencies is made to pay an	3551
amount equal to the portion of the award that exceeds the	3552
sufficient available balance in the state public defender's	3553
appropriations, the director shall cause the payment to be made to	3554
the private legal counsel. If sufficient moneys do not exist in	3555
the emergency purposes account or other appropriation for	3556
emergencies or contingencies to pay an amount equal to the portion	3557
of the award that exceeds the sufficient available balance in the	3558
state public defender's appropriations, the private legal counsel	3559
shall request the general assembly to make an appropriation	3560
sufficient to pay an amount equal to the portion of the award that	3561
exceeds the sufficient available balance in the state public	3562
defender's appropriations, and no payment in that amount shall be	3563
made until the appropriation has been made. The private legal	3564
counsel shall make the request during the current biennium and	3565
during each succeeding biennium until a sufficient appropriation	3566
is made.	3567

(b) An award of legal fees, court costs, and expenses	3568
pursuant to division (E) of this section is subject to the	3569
following limitations:	3570

(i) The maximum award or maximum aggregate of a series of	3571
awards of legal fees, court costs, and expenses to the private	3572
legal counsel in connection with the defense of the Ohio public	3573
defender commission, the state public defender, an assistant state	3574
public defender, an employee, or an attorney in a specified civil	3575
action or proceeding shall not exceed fifty thousand dollars.	3576

(ii) The private legal counsel shall not be awarded legal	3577
fees, court costs, or expenses to the extent the fees, costs, or	3578
expenses are covered by a policy of malpractice or other	3579
insurance.	3580

(iii) The private legal counsel shall be awarded legal fees	3581
and expenses only to the extent that the fees and expenses are	3582
reasonable in light of the legal services rendered by the private	3583
legal counsel in connection with the defense of the Ohio public	3584
defender commission, the state public defender, an assistant state	3585
public defender, an employee, or an attorney in a specified civil	3586
action or proceeding.	3587

(c) If, pursuant to division (E)(2)(a) of this section, the	3588
attorney general denies a request for an award of legal fees,	3589
court costs, or expenses to private legal counsel because of the	3590
application of a limitation specified in division (E)(2)(b) of	3591
this section, the attorney general shall notify the private legal	3592
counsel in writing of the denial and of the limitation applied.	3593

(d) If, pursuant to division (E)(2)(c) of this section, a	3594
private legal counsel receives a denial of an award notification	3595
or if a private legal counsel refuses to approve a document under	3596
division (E)(2)(a)(ii) of this section because of the proposed	3597
application of a limitation specified in division (E)(2)(b) of	3598
this section, the private legal counsel may commence a civil	3599
action against the attorney general in the court of claims to	3600
prove the private legal counsel's entitlement to the award sought,	3601
to prove that division (E)(2)(b) of this section does not prohibit	3602
or otherwise limit the award sought, and to recover a judgment for	3603
the amount of the award sought. A civil action under division	3604
(E)(2)(d) of this section shall be commenced no later than two	3605
years after receipt of a denial of award notification or, if the	3606
private legal counsel refused to approve a document under division	3607
(E)(2)(a)(ii) of this section because of the proposed application	3608
of a limitation specified in division (E)(2)(b) of this section,	3609
no later than two years after the refusal. Any judgment of the	3610
court of claims in favor of the private legal counsel shall be	3611
paid from the state treasury in accordance with division (E)(2)(a)	3612
of this section.	3613

(F) If a court appoints the office of the state public	3614
defender to represent a petitioner in a postconviction relief	3615
proceeding under section 2953.21 of the Revised Code, the	3616
petitioner has received a sentence of death, and the proceeding	3617
relates to that sentence, all of the attorneys who represent the	3618
petitioner in the proceeding pursuant to the appointment, whether	3619
an assistant state public defender, the state public defender, or	3620
another attorney, shall be certified under Rule 65 20 of the Rules	3621
of Superintendence for ~~Common Pleas~~ the Courts of Ohio to	3622
represent indigent defendants charged with or convicted of an	3623
offense for which the death penalty can be or has been imposed.	3624

Sec. 120.16. (A)(1) The county public defender shall	3625
provide legal representation to indigent adults and juveniles who	3626
are charged with the commission of an offense or act that is a	3627
violation of a state statute and for which the penalty or any	3628
possible adjudication includes the potential loss of liberty and	3629
in postconviction proceedings as defined in this section.	3630

(2) The county public defender may provide legal	3631
representation to indigent adults and juveniles charged with the	3632
violation of an ordinance of a municipal corporation for which the	3633
penalty or any possible adjudication includes the potential loss	3634
of liberty, if the county public defender commission has	3635
contracted with the municipal corporation to provide legal	3636
representation for indigent persons charged with a violation of an	3637
ordinance of the municipal corporation.	3638

(B) The county public defender shall provide the legal	3639
representation authorized by division (A) of this section at every	3640
stage of the proceedings following arrest, detention, service of	3641
summons, or indictment.	3642

(C) The county public defender may request the state public	3643
defender to prosecute any appeal or other remedy before or after	3644
conviction that the county public defender decides is in the	3645
interests of justice, and may provide legal representation in	3646
parole and probation revocation matters.	3647

(D) The county public defender shall not be required to	3648
prosecute any appeal, postconviction remedy, or other proceeding,	3649
unless the county public defender is first satisfied there is	3650
arguable merit to the proceeding.	3651

(E) Nothing in this section shall prevent a court from	3652
appointing counsel other than the county public defender or from	3653
allowing an indigent person to select the indigent person's own	3654
personal counsel to represent the indigent person. A court may	3655
also appoint counsel or allow an indigent person to select the	3656
indigent person's own personal counsel to assist the county public	3657
defender as co-counsel when the interests of justice so require.	3658

(F) Information as to the right to legal representation by	3659
the county public defender or assigned counsel shall be afforded	3660
to an accused person immediately upon arrest, when brought before	3661
a magistrate, or when formally charged, whichever occurs first.	3662

(G) If a court appoints the office of the county public	3663
defender to represent a petitioner in a postconviction relief	3664
proceeding under section 2953.21 of the Revised Code, the	3665
petitioner has received a sentence of death, and the proceeding	3666
relates to that sentence, all of the attorneys who represent the	3667
petitioner in the proceeding pursuant to the appointment, whether	3668
an assistant county public defender or the county public defender,	3669
shall be certified under Rule 65 20 of the Rules of	3670
Superintendence for ~~Common Pleas~~ the Courts of Ohio to represent	3671
indigent defendants charged with or convicted of an offense for	3672
which the death penalty can be or has been imposed.	3673

Sec. 120.26. (A)(1) The joint county public defender shall	3674
provide legal representation to indigent adults and juveniles who	3675
are charged with the commission of an offense or act that is a	3676
violation of a state statute and for which the penalty or any	3677
possible adjudication includes the potential loss of liberty and	3678
in postconviction proceedings as defined in this section.	3679

(2) The joint county public defender may provide legal	3680
representation to indigent adults and juveniles charged with the	3681
violation of an ordinance of a municipal corporation for which the	3682
penalty or any possible adjudication includes the potential loss	3683
of liberty, if the joint county public defender commission has	3684
contracted with the municipal corporation to provide legal	3685
representation for indigent persons charged with a violation of an	3686
ordinance of the municipal corporation.	3687

(B) The joint county public defender shall provide the legal	3688
representation authorized by division (A) of this section at every	3689
stage of the proceedings following arrest, detention, service of	3690
summons, or indictment.	3691

(C) The joint county public defender may request the Ohio	3692
public defender to prosecute any appeal or other remedy before or	3693
after conviction that the joint county public defender decides is	3694
in the interests of justice and may provide legal representation	3695
in parole and probation revocation matters.	3696

(D) The joint county public defender shall not be required	3697
to prosecute any appeal, postconviction remedy, or other	3698
proceeding, unless the joint county public defender is first	3699
satisfied that there is arguable merit to the proceeding.	3700

(E) Nothing in this section shall prevent a court from	3701
appointing counsel other than the joint county public defender or	3702
from allowing an indigent person to select the indigent person's	3703
own personal counsel to represent the indigent person. A court	3704
may also appoint counsel or allow an indigent person to select the	3705
indigent person's own personal counsel to assist the joint county	3706
public defender as co-counsel when the interests of justice so	3707
require.	3708

(F) Information as to the right to legal representation by	3709
the joint county public defender or assigned counsel shall be	3710
afforded to an accused person immediately upon arrest, when	3711
brought before a magistrate, or when formally charged, whichever	3712
occurs first.	3713

(G) If a court appoints the office of the joint county	3714
public defender to represent a petitioner in a postconviction	3715
relief proceeding under section 2953.21 of the Revised Code, the	3716
petitioner has received a sentence of death, and the proceeding	3717
relates to that sentence, all of the attorneys who represent the	3718
petitioner in the proceeding pursuant to the appointment, whether	3719
an assistant joint county defender or the joint county public	3720
defender, shall be certified under Rule 65 20 of the Rules of	3721
Superintendence for ~~Common Pleas~~ the Courts of Ohio to represent	3722
indigent defendants charged with or convicted of an offense for	3723
which the death penalty can be or has been imposed.	3724

Sec. 120.33. (A) In lieu of using a county public defender	3725
or joint county public defender to represent indigent persons in	3726
the proceedings set forth in division (A) of section 120.16 of the	3727
Revised Code, the board of county commissioners of any county may	3728
adopt a resolution to pay counsel who are either personally	3729
selected by the indigent person or appointed by the court. The	3730
resolution shall include those provisions the board of county	3731
commissioners considers necessary to provide effective	3732
representation of indigent persons in any proceeding for which	3733
counsel is provided under this section. The resolution shall	3734
include provisions for contracts with any municipal corporation	3735
under which the municipal corporation shall reimburse the county	3736
for counsel appointed to represent indigent persons charged with	3737
violations of the ordinances of the municipal corporation.	3738

(1) In a county that adopts a resolution to pay counsel, an	3739
indigent person shall have the right to do either of the	3740
following:	3741

(a) To select the person's own personal counsel to represent	3742
the person in any proceeding included within the provisions of the	3743
resolution;	3744

(b) To request the court to appoint counsel to represent the	3745
person in such a proceeding.	3746

(2) The court having jurisdiction over the proceeding in a	3747
county that adopts a resolution to pay counsel shall, after	3748
determining that the person is indigent and entitled to legal	3749
representation under this section, do either of the following:	3750

(a) By signed journal entry recorded on its docket, enter	3751
the name of the lawyer selected by the indigent person as counsel	3752
of record;	3753

(b) Appoint counsel for the indigent person if the person	3754
has requested the court to appoint counsel and, by signed journal	3755
entry recorded on its dockets, enter the name of the lawyer	3756
appointed for the indigent person as counsel of record.	3757

(3) The board of county commissioners shall establish a	3758
schedule of fees by case or on an hourly basis to be paid to	3759
counsel for legal services provided pursuant to a resolution	3760
adopted under this section. Prior to establishing the schedule,	3761
the board of county commissioners shall request the bar	3762
association or associations of the county to submit a proposed	3763
schedule. The schedule submitted shall be subject to the review,	3764
amendment, and approval of the board of county commissioners.	3765

(4) Counsel selected by the indigent person or appointed by	3766
the court at the request of an indigent person in a county that	3767
adopts a resolution to pay counsel, except for counsel appointed	3768
to represent a person charged with any violation of an ordinance	3769
of a municipal corporation that has not contracted with the county	3770
commissioners for the payment of appointed counsel, shall be paid	3771
by the county and shall receive the compensation and expenses the	3772
court approves. Each request for payment shall be accompanied by	3773
a financial disclosure form and an affidavit of indigency that are	3774
completed by the indigent person on forms prescribed by the state	3775
public defender. Compensation and expenses shall not exceed the	3776
amounts fixed by the board of county commissioners in the schedule	3777
adopted pursuant to division (A)(3) of this section. No court	3778
shall approve compensation and expenses that exceed the amount	3779
fixed pursuant to division (A)(3) of this section.	3780

The fees and expenses approved by the court shall not be	3781
taxed as part of the costs and shall be paid by the county.	3782
However, if the person represented has, or may reasonably be	3783
expected to have, the means to meet some part of the cost of the	3784
services rendered to the person, the person shall pay the county	3785
an amount that the person reasonably can be expected to pay.	3786
Pursuant to section 120.04 of the Revised Code, the county shall	3787
pay to the state public defender a percentage of the payment	3788
received from the person in an amount proportionate to the	3789
percentage of the costs of the person's case that were paid to the	3790
county by the state public defender pursuant to this section. The	3791
money paid to the state public defender shall be credited to the	3792
client payment fund created pursuant to division (B)(5) of section	3793
120.04 of the Revised Code.	3794

The county auditor shall draw a warrant on the county	3795
treasurer for the payment of counsel in the amount fixed by the	3796
court, plus the expenses the court fixes and certifies to the	3797
auditor. The county auditor shall report periodically, but not	3798
less than annually, to the board of county commissioners and to	3799
the Ohio public defender commission the amounts paid out pursuant	3800
to the approval of the court. The board of county commissioners,	3801
after review and approval of the auditor's report, may then	3802
certify it to the state public defender for reimbursement. If a	3803
request for reimbursement is not accompanied by a financial	3804
disclosure form and an affidavit of indigency completed by the	3805
indigent person on forms prescribed by the state public defender,	3806
the state public defender shall not pay the requested	3807
reimbursement. If a request for the reimbursement of the cost of	3808
counsel in any case is not received by the state public defender	3809
within ninety days after the end of the calendar month in which	3810
the case is finally disposed of by the court, unless the county	3811
has requested and the state public defender has granted an	3812
extension of the ninety-day limit, the state public defender shall	3813
not pay the requested reimbursement. The state public defender	3814
shall also review the report and, in accordance with the	3815
standards, guidelines, and maximums established pursuant to	3816
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	3817
prepare a voucher for fifty per cent of the total cost of each	3818
county appointed counsel system in the period of time covered by	3819
the certified report and a voucher for fifty per cent of the costs	3820
and expenses that are reimbursable under section 120.35 of the	3821
Revised Code, if any, or, if the amount of money appropriated by	3822
the general assembly to reimburse counties for the operation of	3823
county public defender offices, joint county public defender	3824
offices, and county appointed counsel systems is not sufficient to	3825
pay fifty per cent of the total cost of all of the offices and	3826
systems other than costs and expenses that are reimbursable under	3827
section 120.35 of the Revised Code, for the lesser amount required	3828
by section 120.34 of the Revised Code.	3829

(5) If any county appointed counsel system fails to maintain	3830
the standards for the conduct of the system established by the	3831
rules of the Ohio public defender commission pursuant to divisions	3832
(B) and (C) of section 120.03 or the standards established by the	3833
state public defender pursuant to division (B)(7) of section	3834
120.04 of the Revised Code, the Ohio public defender commission	3835
shall notify the board of county commissioners of the county that	3836
the county appointed counsel system has failed to comply with its	3837
rules or the standards of the state public defender. Unless the	3838
board of county commissioners corrects the conduct of its	3839
appointed counsel system to comply with the rules and standards	3840
within ninety days after the date of the notice, the state public	3841
defender may deny all or part of the county's reimbursement from	3842
the state provided for in division (A)(4) of this section.	3843

(B) In lieu of using a county public defender or joint	3844
county public defender to represent indigent persons in the	3845
proceedings set forth in division (A) of section 120.16 of the	3846
Revised Code, and in lieu of adopting the resolution and following	3847
the procedure described in division (A) of this section, the board	3848
of county commissioners of any county may contract with the state	3849
public defender for the state public defender's legal	3850
representation of indigent persons. A contract entered into	3851
pursuant to this division may provide for payment for the services	3852
provided on a per case, hourly, or fixed contract basis.	3853

(C) If a court appoints an attorney pursuant to this section	3854
to represent a petitioner in a postconviction relief proceeding	3855
under section 2953.21 of the Revised Code, the petitioner has	3856
received a sentence of death, and the proceeding relates to that	3857
sentence, the attorney who represents the petitioner in the	3858
proceeding pursuant to the appointment shall be certified under	3859
Rule 65 20 of the Rules of Superintendence for ~~Common Pleas~~ the	3860
Courts of Ohio to represent indigent defendants charged with or	3861
convicted of an offense for which the death penalty can be or has	3862
been imposed.	3863

Sec. 121.04. Offices are created within the several	3864
departments as follows:	3865

In the department of commerce:

3866

		Commissioner of securities;		3867
		Superintendent of real estate and professional licensing;		3868
		Superintendent of financial institutions;		3869
		Fire marshal;		3870
		Superintendent of labor and worker safety;		3871
		Beginning on July 1, 1997,		3872
		Superintendent of liquor control;		3873
		Superintendent of industrial compliance.		3874

In the department of administrative services:

3875

		State architect and engineer;		3876
		Equal employment opportunity coordinator.		3877

In the department of agriculture:

3878

Chiefs of divisions as follows:

3879

		Administration;		3880
		Animal industry;		3881
		Dairy;		3882
		Food safety;		3883
		Plant industry;		3884
		Markets;		3885
		Meat inspection;		3886
		Consumer analytical laboratory;		3887
		Amusement ride safety;		3888
		Enforcement;		3889
		Weights and measures.		3890

In the department of natural resources:

3891

Chiefs of divisions as follows:

3892

		Water;		3893
		Mineral resources management;		3894
		Forestry;		3895
		Natural areas and preserves;		3896
		Wildlife;		3897
		Geological survey;		3898
		Parks and recreation;		3899
		Watercraft;		3900
		Recycling and litter prevention;		3901
		Civilian conservation;		3902
		Soil and water conservation;		3903
		Real estate and land management;		3904
		Engineering.		3905

In the department of insurance:

3906

		Deputy superintendent of insurance;		3907
		Assistant superintendent of insurance, technical;		3908
		Assistant superintendent of insurance, administrative;		3909
		Assistant superintendent of insurance, research.		3910

Sec. 121.371. There is hereby created the wellness ~~block~~	3911
~~grant~~ program. The Ohio family and children first cabinet council	3912
shall oversee the program~~, and the children's trust fund board,~~	3913
~~created by section 3109.15 of the Revised Code, shall serve as the~~	3914
~~program's administrative agent. The board and the cabinet council~~	3915
and shall establish guidelines and objectives for ~~operating~~ the	3916
~~wellness block grant~~ program. ~~A representative of the family and~~	3917
~~children first cabinet council and the chairperson of the~~	3918
~~children's trust fund board shall resolve any disagreements~~	3919
~~concerning the duties of the council and the board under this~~	3920
~~section~~ The department of job and family services shall serve as	3921
the program's administrative agent.	3922

~~The children's trust fund board may accept gifts, donations,~~	3923
~~grants, or other moneys for the wellness block grant program from~~	3924
~~any source. The board shall use the funds received to make block~~	3925
~~grants to county family and children first councils.~~ The amount	3926
of funds for the wellness program to be ~~granted~~ allocated to each	3927
county ~~council~~ department of job and family services shall be	3928
determined by ~~the board and~~ the cabinet council. ~~To cover~~	3929
~~administrative expenses, the board may use in each state fiscal~~	3930
~~year an amount not to exceed one per cent of the total amount~~	3931
~~available for the program in that year.~~	3932

County ~~councils~~ departments of job and family services shall	3933
use the funds ~~they receive through~~ allocated for the wellness	3934
~~block grants~~ program to fund community-based programs of	3935
prevention services that address issues of broad social concern,	3936
as determined by the cabinet council ~~and the board~~, and to fund	3937
state-directed training, evaluation, and education programs	3938
pertaining to the issues being addressed. ~~Each county council~~	3939
~~shall submit to the board a program and fiscal plan that outlines~~	3940
~~its proposal for expenditure of its block grant and shall, after~~	3941
~~consulting with the board of county commissioners, designate a~~	3942
~~fiscal agent to receive the block grant.~~	3943

~~As requested by the board on behalf of the cabinet council,~~	3944
~~each county council shall submit program and fiscal accountings~~	3945
~~regarding the use of its block grant.~~ The ~~board and the~~ cabinet	3946
council shall establish criteria for assessing a county ~~council's~~	3947
department's progress in achieving the ~~goals~~ objectives of the	3948
wellness ~~block grant~~ program. If a county ~~council~~ department of	3949
job and family services does not operate in accordance with the	3950
program guidelines and criteria established by ~~the board and~~ the	3951
cabinet council, ~~the board and~~ the cabinet council may revise the	3952
allocation of funds that the county ~~council~~ department of job and	3953
family services receives.	3954

~~The board shall prepare an annual report detailing the~~	3955
~~results of the program. The report shall be submitted to the~~	3956
~~governor, the president and minority leader of the senate, and the~~	3957
~~speaker and minority leader of the house of representatives.~~	3958

Sec. 121.40. (A) There is hereby created the ~~governor's~~	3959
Ohio community service council consisting of twenty-one members	3960
including the superintendent of public instruction or the	3961
superintendent's designee, the chancellor of the Ohio board of	3962
regents or the chancellor's designee, the director of natural	3963
resources or the director's designee, the director of youth	3964
services or the director's designee, the director of aging or the	3965
director's designee, the director of job and family services or	3966
the director's designee, the chairperson of the committee of the	3967
house of representatives dealing with education or the	3968
chairperson's designee, the chairperson of the committee of the	3969
senate dealing with education or the chairperson's designee, and	3970
thirteen members who shall be appointed by the governor with the	3971
advice and consent of the senate and who shall serve terms of	3972
office of three years. The appointees shall include educators,	3973
including teachers and administrators; representatives of youth	3974
organizations; students and parents; representatives of	3975
organizations engaged in volunteer program development and	3976
management throughout the state, including youth and conservation	3977
programs; and representatives of business, government, nonprofit	3978
organizations, social service agencies, veterans organizations,	3979
religious organizations, or philanthropies that support or	3980
encourage volunteerism within the state. Members of the council	3981
shall receive no compensation, but shall be reimbursed for actual	3982
and necessary expenses incurred in the performance of their	3983
official duties.	3984

(B) The council shall appoint an executive director for the	3985
council, who shall be in the unclassified civil service. The	3986
executive director shall supervise the council's activities and	3987
report to the council on the progress of those activities. The	3988
executive director shall do all things necessary for the efficient	3989
and effective implementation of the duties of the council.	3990

The responsibilities assigned to the executive director do	3991
not relieve the members of the council from final responsibility	3992
for the proper performance of the requirements of this ~~division~~	3993
section.	3994

(C) The council or its designee shall do all of the	3995
following:	3996

(1) Employ, promote, supervise, and remove all employees as	3997
needed in connection with the performance of its duties under this	3998
section and may assign duties to those employees as necessary to	3999
achieve the most efficient performance of its functions, and to	4000
that end may establish, change, or abolish positions, and assign	4001
and reassign duties and responsibilities of any employee of the	4002
council. Personnel employed by the council who are subject to	4003
Chapter 4117. of the Revised Code shall retain all of their rights	4004
and benefits conferred pursuant to that chapter. Nothing in this	4005
chapter shall be construed as eliminating or interfering with	4006
Chapter 4117. of the Revised Code or the rights and benefits	4007
conferred under that chapter to public employees or to any	4008
bargaining unit.	4009

(2) Maintain its office in Columbus, and may hold sessions	4010
at any place within the state;	4011

(3) Acquire facilities, equipment, and supplies necessary to	4012
house the council, its employees, and files and records under its	4013
control, and to discharge any duty imposed upon it by law. The	4014
expense of these acquisitions shall be audited and paid for in the	4015
same manner as other state expenses. For that purpose, the	4016
council shall prepare and submit to the office of budget and	4017
management a budget for each biennium according to sections	4018
101.532 and 107.03 of the Revised Code. The budget submitted	4019
shall cover the costs of the council and its staff in the	4020
discharge of any duty imposed upon the council by law. The	4021
council shall not delegate any authority to obligate funds.	4022

(4) Pay its own payroll and other operating expenses from	4023
line items designated by the general assembly;	4024

(5) Retain its fiduciary responsibility as appointing	4025
authority. Any transaction instructions shall be certified by the	4026
appointing authority or its designee.	4027

(6) Establish the overall policy and management of the	4028
council in accordance with this chapter;	4029

(7) Assist in coordinating and preparing the state	4030
application for funds under sections 101 to 184 of the "National	4031
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	4032
U.S.C.A. 12411 to 12544, ~~and amendments thereto~~ as amended, assist	4033
in administering and overseeing the "National and Community	4034
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the	4035
americorps program in this state, and assist in developing	4036
objectives for a comprehensive strategy to encourage and expand	4037
community service programs throughout the state;	4038

(8) Assist the state board of education, school districts,	4039
the board of regents, and institutions of higher education in	4040
coordinating community service education programs through	4041
cooperative efforts between institutions and organizations in the	4042
public and private sectors;	4043

(9) Assist the departments of natural resources, youth	4044
services, aging, and job and family services in coordinating	4045
community service programs through cooperative efforts between	4046
institutions and organizations in the public and private sectors;	4047

(10) Suggest individuals and organizations that are	4048
available to assist school districts, institutions of higher	4049
education, and the departments of natural resources, youth	4050
services, aging, and job and family services in the establishment	4051
of community service programs and assist in investigating sources	4052
of funding for implementing ~~such~~ these programs;	4053

(11) Assist in evaluating the state's efforts in providing	4054
community service programs using standards and methods that are	4055
consistent with any statewide objectives for ~~such~~ these programs	4056
and provide information to the state board of education, school	4057
districts, the board of regents, institutions of higher education,	4058
and the departments of natural resources, youth services, aging,	4059
and job and family services to guide them in making decisions	4060
about these programs;	4061

(12) Assist the state board of education in complying with	4062
section 3301.70 of the Revised Code and the board of regents in	4063
complying with division (B)(2) of section 3333.043 of the Revised	4064
Code.	4065

(D) The department of aging shall serve as the council's	4066
fiscal agent. Beginning on July 1, 1997, whenever reference is	4067
made in any law, contract, or document to the functions of the	4068
department of youth services as fiscal agent to the council, the	4069
reference shall be deemed to refer to the department of aging. The	4070
department of aging shall have no responsibility for or obligation	4071
to the council prior to July 1, 1997. Any validation, cure,	4072
right, privilege, remedy, obligation, or liability shall be	4073
retained by the council.	4074

As used in this section, "fiscal agent" means technical	4075
support and includes the following technical support services:	4076

(1) Preparing and processing payroll and other personnel	4077
documents that the council executes as the appointing authority.	4078
The department of aging shall not approve any payroll or other	4079
personnel-related documents.	4080

(2) Maintaining ledgers of accounts and reports of account	4081
balances, and monitoring budgets and allotment plans in	4082
consultation with the council. The department shall not approve	4083
any biennial budget, grant, expenditure, audit, or fiscal-related	4084
document.	4085

(3) Performing other routine support services that the	4086
director of aging or the director's designee and the council or	4087
its designee consider appropriate to achieve efficiency.	4088

(E) The council or its designee has the following authority	4089
and responsibility relative to fiscal matters:	4090

(1) Sole authority to draw funds for any and all federal	4091
programs in which the council is authorized to participate;	4092

(2) Sole authority to expend funds from their accounts for	4093
programs and any other necessary expenses the council may incur	4094
and its subgrantees may incur;	4095

(3) Responsibility to cooperate with and inform the	4096
department of aging as fiscal agent to ensure that the department	4097
is fully apprised of all financial transactions.	4098

The council shall follow all state procurement requirements.

4099

The department of aging shall determine fees to be charged to	4100
the council, which shall be in proportion to the services	4101
performed for the council.	4102

The council shall pay fees owed to the department of aging	4103
from a general revenue fund of the council or from any other fund	4104
from which the operating expenses of the council are paid. Any	4105
amounts set aside for a fiscal year for the payment of ~~such~~ these	4106
fees shall be used only for the services performed for the council	4107
by the department of aging in that fiscal year.	4108

Sec. 121.63. (A) Each executive agency lobbyist and each	4109
employer shall file with the joint legislative ethics committee,	4110
with the updated registration statement required by division (B)	4111
of section 121.62 of the Revised Code, a statement of expenditures	4112
as specified in divisions (B) and (C) of this section. An	4113
executive agency lobbyist shall file a separate statement of	4114
expenditures under this section for each employer that engages ~~him~~	4115
the executive agency lobbyist.	4116

(B)(1) In addition to the information required by divisions	4117
(B)(2) and (3) of this section, a statement filed by an executive	4118
agency lobbyist shall show the total amount of expenditures made	4119
during the reporting period covered by the statement by the	4120
executive agency lobbyist.	4121

(2) If, during a reporting period covered by a statement, an	4122
employer or any executive agency lobbyist he the employer engaged	4123
made, either separately or in combination with each other,	4124
expenditures to, at the request of, for the benefit of, or on	4125
behalf of a particular elected executive official, the director of	4126
a department created under section 121.02 of the Revised Code, a	4127
particular executive agency official, or a particular member of	4128
the staff of any public officer listed in division (B)(2) of this	4129
section, the employer or executive agency lobbyist also shall	4130
state the name of the public officer or employee to whom, at whose	4131
request, for whose benefit, or on whose behalf the expenditures	4132
were made, the total amount of the expenditures made, a brief	4133
description of the expenditures made, the approximate date the	4134
expenditures were made, the executive agency decision, if any,	4135
sought to be influenced, and the identity of the client on whose	4136
behalf the expenditure was made.	4137

As used in division (B)(2) of this section, "expenditures"	4138
does not include expenditures made by an executive agency lobbyist	4139
as payment for meals and other food and beverages.	4140

(3) If, during a reporting period covered by a statement, an	4141
executive agency lobbyist made expenditures as payment for meals	4142
and other food and beverages, other than for meals and other food	4143
and beverages provided at a meeting at which the person	4144
participated in a panel, seminar, or speaking engagement or at a	4145
meeting or convention of a national organization to which ~~either~~	4146
~~house of the general assembly, any legislative agency, or~~ any	4147
~~other~~ state agency or any state institution of higher education as	4148
defined in section 3345.031 of the Revised Code pays membership	4149
dues, that, when added to the amount of previous payments made for	4150
meals and other food and beverages by that executive agency	4151
lobbyist during that same calendar year, exceeded a total of fifty	4152
dollars to, at the request of, for the benefit of, or on behalf of	4153
a particular elected executive official, the director of a	4154
department created under section 121.02 of the Revised Code, a	4155
particular executive agency official, or any particular member of	4156
the staff of any of the public officers or employees listed in	4157
division (B)(3) of this section, then the executive agency	4158
lobbyist shall also state regarding those expenditures the name of	4159
the public officer or employee to whom, at whose request, for	4160
whose benefit, or on whose behalf the expenditures were made, the	4161
total amount of the expenditures made, a brief description of the	4162
expenditures made, the approximate date the expenditures were	4163
made, the executive agency decision, if any, sought to be	4164
influenced, and the identity of the client on whose behalf the	4165
expenditure was made.	4166

(C) In addition to the information required by divisions	4167
(B)(2) and (3) of this section, a statement filed by an employer	4168
shall show the total amount of expenditures made by the employer	4169
filing the statement during the period covered by the statement.	4170
As used in this section, "expenditures" does not include the	4171
expenses of maintaining office facilities, or the compensation	4172
paid to executive agency lobbyists engaged to influence executive	4173
agency decisions or conduct executive agency lobbying activity.	4174

No employer shall be required to show any expenditure on a	4175
statement filed under this division if the expenditure is reported	4176
on a statement filed under division (B)(1), (2), or (3) of this	4177
section by an executive agency lobbyist engaged by the employer.	4178

(D) Any statement required to be filed under this section	4179
shall be filed at the times specified in section 121.62 of the	4180
Revised Code. Each statement shall cover expenditures made during	4181
the four-calendar-month period that ended on the last day of the	4182
month immediately preceding the month in which the statement is	4183
required to be filed.	4184

(E) If it is impractical or impossible for an executive	4185
agency lobbyist or employer to determine exact dollar amounts or	4186
values of expenditures, reporting of good faith estimates, based	4187
on reasonable accounting procedures, constitutes compliance with	4188
this division.	4189

(F) Executive agency lobbyists and employers shall retain	4190
receipts or maintain records for all expenditures that are	4191
required to be reported pursuant to this section. These receipts	4192
or records shall be maintained for a period ending on the	4193
thirty-first day of December of the second calendar year after the	4194
year in which the expenditure was made.	4195

(G)(1) At least ten days before the date on which the	4196
statement is filed, each employer or executive agency lobbyist who	4197
is required to file an expenditure statement under division (B)(2)	4198
or (3) of this section shall deliver a copy of the statement, or	4199
the portion showing the expenditure, to the public officer or	4200
employee who is listed in the statement as having received the	4201
expenditure or on whose behalf it was made.	4202

(2) If, during a reporting period covered by an expenditure	4203
statement filed under division (B)(2) of this section, an employer	4204
or any executive agency lobbyist he the employer engaged made,	4205
either separately or in combination with each other, either	4206
directly or indirectly, expenditures for an honorarium or for	4207
transportation, lodging, or food and beverages purchased for	4208
consumption on the premises in which the food and beverages were	4209
sold to, at the request of, for the benefit or, or on behalf of	4210
any of the public officers or employees described in division	4211
(B)(2) of this section, the employer or executive agency lobbyist	4212
shall deliver to the public officer or employee a statement that	4213
contains all of the nondisputed information prescribed in division	4214
(B)(2) of this section with respect to the expenditures described	4215
in division (G)(2) of this section. The statement of expenditures	4216
made under division (G)(2) of this section shall be delivered to	4217
the public officer or employee to whom, at whose request, for	4218
whose benefit, or on whose behalf those expenditures were made on	4219
the same day in which a copy of the expenditure statement or of a	4220
portion showing the expenditure is delivered to the public officer	4221
or employee under division (G)(1) of this section. An employer is	4222
not required to show any expenditure on a statement delivered	4223
under division (G)(2) of this section if the expenditure is shown	4224
on a statement delivered under division (G)(2) of this section by	4225
a legislative agent engaged by the employer.	4226

Sec. 122.011. (A) The department of development shall	4227
develop and promote plans and programs designed to assure that	4228
state resources are efficiently used, economic growth is properly	4229
balanced, community growth is developed in an orderly manner, and	4230
local governments are coordinated with each other and the state,	4231
and for such purposes may do all of the following:	4232

(1) Serve as a clearinghouse for information, data, and	4233
other materials that may be helpful or necessary to persons or	4234
local governments, as provided in section 122.07 of the Revised	4235
Code;	4236

(2) Prepare and activate plans for the retention,	4237
development, expansion, and use of the resources and commerce of	4238
the state, as provided in section 122.04 of the Revised Code;	4239

(3) Assist and cooperate with federal, state, and local	4240
governments and agencies of federal, state, and local governments	4241
in the coordination of programs to carry out the functions and	4242
duties of the department;	4243

(4) Encourage and foster research and development	4244
activities, conduct studies related to the solution of community	4245
problems, and develop recommendations for administrative or	4246
legislative actions, as provided in section 122.03 of the Revised	4247
Code;	4248

(5) Serve as the economic and community development planning	4249
agency, which shall prepare and recommend plans and programs for	4250
the orderly growth and development of this state and which shall	4251
provide planning assistance, as provided in section 122.06 of the	4252
Revised Code;	4253

(6) Cooperate with and provide technical assistance to state	4254
departments, political subdivisions, regional and local planning	4255
commissions, tourist associations, councils of government,	4256
community development groups, community action agencies, and other	4257
appropriate organizations for carrying out the functions and	4258
duties of the department or for the solution of community	4259
problems;	4260

(7) Coordinate the activities of state agencies that have an	4261
impact on carrying out the functions and duties of the department;	4262

(8) Encourage and assist the efforts of and cooperate with	4263
local governments to develop mutual and cooperative solutions to	4264
their common problems that relate to carrying out the purposes of	4265
this section;	4266

(9) Study existing structure, operations, and financing of	4267
regional or local government and those state activities that	4268
involve significant relations with regional or local governmental	4269
units, recommend to the governor and to the general assembly such	4270
changes in these provisions and activities as will improve the	4271
operations of regional or local government, and conduct other	4272
studies of legal provisions that affect problems related to	4273
carrying out the purposes of this section;	4274

(10) Appoint, with the approval of the governor, technical	4275
and other advisory councils as it considers appropriate, as	4276
provided in section 122.09 of the Revised Code;	4277

(11) Create and operate a division of community development	4278
to develop and administer programs and activities that are	4279
authorized by federal statute or the Revised Code;	4280

(12) ~~Until July 1, 2001, review, analyze, and summarize~~	4281
~~applications and information regarding the family farm loan~~	4282
~~program forwarded to the department by a financial institution~~	4283
~~pursuant to section 901.81 of the Revised Code, and forward the~~	4284
~~applications, information, analyses, and summaries to the director~~	4285
~~of agriculture;~~	4286

~~(13)~~ Until July 1, ~~2001~~ 2003, establish fees and charges, in	4287
consultation with the director of agriculture, for purchasing	4288
loans from financial institutions and providing loan guarantees	4289
under the family farm loan program created under sections 901.80	4290
to 901.83 of the Revised Code;	4291

~~(14)~~(13) Provide loan servicing for the loans purchased and	4292
loan guarantees provided under section 901.80 of the Revised Code	4293
as that section existed prior to July 1, ~~2001~~ 2003;	4294

~~(15)~~(14) Until July 1, ~~2001~~ 2003, and upon approval by the	4295
controlling board under division (A)(3) of section 901.82 of the	4296
Revised Code of the release of money to be used for purchasing a	4297
loan or providing a loan guarantee, request the release of that	4298
money in accordance with division (B) of section 166.03 of the	4299
Revised Code for use for the purposes of the fund created by	4300
section 166.031 of the Revised Code.	4301

(B) The department, by rule, shall establish criteria	4302
defining nonprofit corporations that are eligible for appointment	4303
as qualified agents pursuant to sections 135.81 to 135.88 of the	4304
Revised Code. The criteria shall require that a corporation be	4305
organized pursuant to Chapter 1702. of the Revised Code and have	4306
as its primary purpose the promotion of economic development or	4307
the creation or retention of jobs and job opportunities. The	4308
criteria may include a specification as to the professional	4309
qualifications of the corporation employees, a minimum elapsed	4310
period of time since the corporation was organized, current and	4311
former activities of the corporation, and such other criteria	4312
reasonably related to the foregoing that relate to the ability of	4313
the corporation to act as a qualified agent for the purposes of	4314
sections ~~135.51~~ 135.81 to 135.88 of the Revised Code.	4315

(C) The director of development may request the attorney	4316
general to, and the attorney general, in accordance with section	4317
109.02 of the Revised Code, shall bring a civil action in any	4318
court of competent jurisdiction. The director may be sued in the	4319
director's official capacity, in connection with this chapter, in	4320
accordance with Chapter 2743. of the Revised Code.	4321

Sec. 122.60. As used in sections 122.60 to 122.605 of the	4322
Revised Code:	4323

(A) "Capital access loan" means a loan made by a	4324
participating financial institution to an eligible business that	4325
may be secured by a deposit of money from the fund into the	4326
participating financial institution's program reserve account.	4327

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

4328

(C) "Eligible business" means a for-profit business entity	4329
that had total annual sales in its most recently completed fiscal	4330
year of less than ten million dollars and that has a principal	4331
place of business within the state, the operation of which, alone	4332
or in conjunction with other facilities, will create new jobs or	4333
preserve existing jobs and employment opportunities and will	4334
improve the economic welfare of the people of the state. As used	4335
in this division, "new jobs" does not include existing jobs	4336
transferred from another facility within the state, and "existing	4337
jobs" means only existing jobs at facilities within the same	4338
municipal corporation or township in which the project, activity,	4339
or enterprise that is the subject of a capital access loan is	4340
located.	4341

(D) "Financial institution" means any bank, trust company,	4342
savings bank, or savings and loan association that is chartered by	4343
and has a significant presence in the state, or any national bank,	4344
federal savings and loan association, or federal savings bank that	4345
has a significant presence in the state.	4346

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

4347

(F) "Participating financial institution" means a financial	4348
institution that has a valid, current participation agreement with	4349
the department.	4350

(G) "Participation agreement" means the agreement between a	4351
financial institution and the department under which a financial	4352
institution may participate in the program.	4353

(H) "Passive real estate ownership" means the ownership of	4354
real estate for the sole purpose of deriving income from it by	4355
speculation, trade, or rental.	4356

(I) "Program" means the capital access loan program created	4357
under section 122.602 of the Revised Code.	4358

(J) "Program reserve account" means a dedicated account at	4359
each participating financial institution that is the property of	4360
the state and may be used by the participating financial	4361
institution only for the purpose of recovering a claim under	4362
section 122.604 of the Revised Code arising from a default on a	4363
loan made by the participating financial institution under the	4364
program.	4365

Sec. 122.601. There is hereby created in the state treasury	4366
the capital access loan program fund. The fund shall consist of	4367
money deposited into it from the facilities establishment fund	4368
pursuant to section 166.03 of the Revised Code and all money	4369
deposited into it pursuant to section 122.602 of the Revised Code.	4370
The total amount of money deposited into the fund from the	4371
facilities establishment fund shall not exceed three million	4372
dollars during any particular fiscal year of the department.	4373

The department shall disburse money from the capital access	4374
loan program fund only to pay the operating costs of the program	4375
and only in keeping with the purposes specified in sections 122.60	4376
to 122.605 of the Revised Code.	4377

Sec. 122.602. (A) There is hereby created in the department	4378
of development the capital access loan program to assist	4379
participating financial institutions in making program loans to	4380
eligible businesses that face barriers in accessing working	4381
capital and obtaining fixed asset financing. In administering the	4382
program, the director of development may do any of the following:	4383

(1) Receive and accept grants, gifts, and contributions of	4384
money, property, labor, and other things of value to be held,	4385
used, and applied only for the purpose for which the grants, gifts	4386
and contributions are made, from individuals, private and public	4387
corporations, the United States or any agency of the United	4388
States, the state or any agency of the state, or any political	4389
subdivision of the state; agree to repay any contribution of money	4390
or return any property contributed or the value of that property	4391
at the times, in the amounts, and on the terms and conditions,	4392
excluding the payment of interest, that the director consents to	4393
at the time a contribution is made; and evidence obligations by	4394
notes, bonds, or other written instruments;	4395

(2) Adopt rules under Chapter 119. of the Revised Code to	4396
carry out the purposes of the program specified in sections 122.60	4397
to 122.605 of the Revised Code;	4398

(3) Engage in all other acts, and enter into contracts and	4399
execute all instruments, necessary or appropriate to carry out the	4400
purposes specified in sections 122.60 to 122.605 of the Revised	4401
Code.	4402

(B) The director shall determine the eligibility of a	4403
financial institution to participate in the program and may set a	4404
limit on the number of financial institutions that may participate	4405
in the program.	4406

(C) To be considered eligible by the director to participate	4407
in the program, a financial institution shall enter into a	4408
participation agreement with the department that sets out the	4409
terms and conditions under which the department will deposit	4410
moneys from the fund into the financial institution's program	4411
reserve account, specifies the criteria for loan qualification	4412
under the program, and contains any additional terms the director	4413
considers necessary.	4414

(D) After receiving the certification required under	4415
division (C) of section 122.603 of the Revised Code, the director	4416
shall disburse moneys from the fund to a participating financial	4417
institution for deposit in its program reserve account if the	4418
director determines that the capital access loan involved meets	4419
all of the following criteria:	4420

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

4421

(2) It will be used by the eligible business for a project,	4422
activity, or enterprise in the state that fosters economic	4423
development.	4424

(3) It will not be made in order to enroll in the program	4425
prior debt that is not covered under the program and that is owed	4426
or was previously owed by an eligible business to the financial	4427
institution.	4428

(4) It will not be utilized for a project or development	4429
related to the on-site construction or purchase of residential	4430
housing.	4431

(5) It will not be used to finance passive real estate	4432
ownership.	4433

(6) It conforms to the requirements of divisions (E), (F),	4434
(G), (H), and (I) of this section, and to the rules adopted by the	4435
director under division (A)(2) of this section.	4436

(E) The director shall not approve a capital access loan to	4437
an eligible business that exceeds two hundred fifty thousand	4438
dollars for working capital or five hundred thousand dollars for	4439
the purchase of fixed assets. An eligible business may apply for	4440
the maximum amount for both working capital and the purchase of	4441
fixed assets in the same capital access loan.	4442

(F) A financial institution may apply to the director for	4443
the approval of a capital access loan to any business that is	4444
owned or operated by a person that has previously defaulted under	4445
any state financial assistance program.	4446

(G) Eligible businesses that apply for a capital access loan	4447
shall comply with section 9.66 of the Revised Code.	4448

(H) A financial institution may apply to the director for	4449
the approval of a capital access loan that refinances a nonprogram	4450
loan made by another financial institution.	4451

(I) The director shall not approve a capital access loan	4452
that refinances a nonprogram loan made by the same financial	4453
institution, unless the amount of the refinanced loan exceeds the	4454
existing debt, in which case only the amount exceeding the	4455
existing debt is eligible for a loan under the program.	4456

Sec. 122.603. (A)(1) Upon approval by the director of	4457
development and after entering into a participation agreement with	4458
the department, a participating financial institution making a	4459
capital access loan shall establish a program reserve account. The	4460
account shall be an interest-bearing account and shall contain	4461
only moneys deposited into it under the program and the interest	4462
payable on the moneys in the account.	4463

(2) All interest payable on the moneys in the program	4464
reserve account shall be added to the moneys and held as an	4465
additional loss reserve. The director may require that a portion	4466
or all of the accrued interest so held in the account be released	4467
to the department. If the director causes a release of accrued	4468
interest, the director shall deposit the released amount into the	4469
fund. The director shall not require the release of accrued	4470
interest more than twice in a fiscal year.	4471

(B) When a participating financial institution makes a	4472
capital access loan, it shall require the eligible business to pay	4473
to the participating financial institution a fee in an amount that	4474
is not less than one and one-half per cent, and not more than	4475
three per cent, of the principal amount of the loan. The	4476
participating financial institution shall deposit the fee into its	4477
program reserve account, and it also shall deposit into the	4478
account an amount of its own funds equal to the amount of the fee.	4479
The participating financial institution may recover from the	4480
eligible business all or part of the amount that the participating	4481
financial institution is required to deposit into the account	4482
under this division in any manner agreed to by the participating	4483
financial institution and the eligible business.	4484

(C) For each capital access loan made by a participating	4485
financial institution, the participating financial institution	4486
shall certify to the director, within a period specified by the	4487
director, that the participating financial institution has made	4488
the loan. The certification shall include the amount of the loan,	4489
the amount of the fee received from the eligible business, the	4490
amount of its own funds that the participating financial	4491
institution deposited into its program reserve account to reflect	4492
that fee, and any other information specified by the director.	4493

(D) On receipt of a certification made under division (C) of	4494
this section and subject to section 122.602 of the Revised Code,	4495
the director shall disburse to the participating financial	4496
institution from the fund an amount equal to ten per cent of the	4497
principal amount of the particular capital access loan for deposit	4498
into the participating financial institution's program reserve	4499
account. The disbursement of moneys from the fund to a	4500
participating financial institution does not require approval from	4501
the controlling board.	4502

(E) If the amount in a program reserve account exceeds an	4503
amount equal to thirty-three per cent of a participating financial	4504
institution's outstanding capital access loans, the department may	4505
cause the withdrawal of the excess amount and the deposit of the	4506
withdrawn amount into the fund.	4507

(F)(1) The department may cause the withdrawal of the	4508
total amount in a participating financial institution's program	4509
reserve account if any of the following applies:	4510

(a) The financial institution is no longer eligible to	4511
participate in the program.	4512

(b) The participation agreement expires without renewal by	4513
the department or the financial institution.	4514

(c) The financial institution has no outstanding capital	4515
access loans.	4516

(d) The financial institution has not made a capital access	4517
loan within the preceding twenty-four months.	4518

(2) If the department causes a withdrawal under division	4519
(F)(1) of this section, the department shall deposit the withdrawn	4520
amount into the fund.	4521

Sec. 122.604. (A) If a participating financial institution	4522
determines that a portion or all of a capital access loan is	4523
uncollectible, it may submit a claim to the department for	4524
approval of the release of moneys from its program reserve	4525
account.	4526

(B) The claim may include the amount of principal plus	4527
accrued interest owed. The amount of principal included in the	4528
claim may not exceed the principal amount covered by the program.	4529
The amount of accrued interest included in the claim may not	4530
exceed the accrued interest attributable to the covered principal	4531
amount.	4532

(C) The participating financial institution shall determine	4533
the timing and amount of delinquency on a capital access loan in a	4534
manner consistent with the participating financial institution's	4535
normal method for making these determinations on similar	4536
nonprogram loans.	4537

(D) If the participating financial institution files two or	4538
more claims at the same time or approximately the same time and	4539
there are insufficient funds in its program reserve account at	4540
that time to cover the entire amount of the claims, the	4541
participating financial institution may specify an order of	4542
priority in which the department shall approve the release of	4543
funds from the account in relation to the claims.	4544

(E) If subsequent to the payment of a claim, a participating	4545
financial institution recovers from an eligible business any	4546
amount covered by the paid claim, the participating financial	4547
institution shall promptly deposit the amount recovered into its	4548
program reserve account, less any reasonable expenses incurred.	4549

Sec. 122.605. Each participating financial institution shall	4550
submit an annual report to the department on or before the	4551
thirty-first day of March of each year. The report shall include	4552
or be accompanied by all of the following:	4553

(A) Information regarding the participating financial	4554
institution's outstanding capital access loans, its capital access	4555
loan losses, and other related matters that the department	4556
considers appropriate;	4557

(B) A statement of the total amount of the participating	4558
financial institution's capital access loans for which the	4559
department has made disbursements from the fund under the program;	4560

(C) A copy of the participating financial institution's most	4561
recent financial statement.	4562

Sec. 122.71. As used in sections 122.71 to 122.83 of the	4563
Revised Code:	4564

(A) "Financial institution" means any banking corporation,	4565
trust company, insurance company, savings and loan association,	4566
building and loan association, or corporation, partnership,	4567
federal lending agency, foundation, or other institution engaged	4568
in lending or investing funds for industrial or business purposes.	4569

(B) "Project" means any real or personal property connected	4570
with or being a part of an industrial, distribution, commercial,	4571
or research facility to be acquired, constructed, reconstructed,	4572
enlarged, improved, furnished, or equipped, or any combination	4573
thereof, with the aid provided under sections 122.71 to 122.83 of	4574
the Revised Code, for industrial, commercial, distribution, and	4575
research development of the state.	4576

(C) "Mortgage" means the lien imposed on a project by a	4577
mortgage on real property, or by financing statements on personal	4578
property, or a combination of a mortgage and financing statements	4579
when a project consists of both real and personal property.	4580

(D) "Mortgagor" means the principal user of a project or the	4581
person, corporation, partnership, or association unconditionally	4582
guaranteeing performance by the principal user of its obligations	4583
under the mortgage.	4584

(E)(1) "Minority business enterprise" means an individual who	4585
is a United States citizen and owns and controls a business, or a	4586
partnership, corporation, or joint venture of any kind that is	4587
owned and controlled by United States citizens ~~who~~, which citizen	4588
or citizens are residents of this state ~~or nonresidents of this~~	4589
~~state who have a significant presence in this state,~~ and ~~who~~ are	4590
members of one of the following economically disadvantaged groups:	4591
Blacks, American Indians, Hispanics, and Orientals.	4592

(2) "Owned and controlled" means that at least fifty-one per	4593
cent of the business, including corporate stock if a corporation,	4594
is owned by persons who belong to one or more of the groups set	4595
forth in division (E)(1) of this section, and that those owners	4596
have control over the management and day-to-day operations of the	4597
business and an interest in the capital, assets, and profits and	4598
losses of the business proportionate to their percentage of	4599
ownership. In order to qualify as a minority business enterprise,	4600
a business shall have been owned and controlled by those persons	4601
at least one year prior to being awarded a contract pursuant to	4602
this section.	4603

(F) "Community improvement corporation" means a corporation	4604
organized under Chapter 1724. of the Revised Code.	4605

(G) "Ohio development corporation" means a corporation	4606
organized under Chapter 1726. of the Revised Code.	4607

(H) "Minority contractors business assistance organization"	4608
means an entity engaged in the provision of management and	4609
technical business assistance to minority business enterprise	4610
entrepreneurs.	4611

(I) "Minority business supplier development council" means a	4612
nonprofit organization established as an affiliate of the national	4613
minority supplier development council.	4614

Sec. 122.76. (A) The director of development, with	4615
controlling board approval, may lend funds to minority business	4616
enterprises and to community improvement corporations ~~and~~, Ohio	4617
development corporations, minority contractors business assistance	4618
organizations, and minority business supplier development	4619
councils for the purpose of loaning funds to minority business	4620
enterprises and for the purpose of procuring or improving real or	4621
personal property, or both, for the establishment, location, or	4622
expansion of industrial, distribution, commercial, or research	4623
facilities in the state, if the director determines, in the	4624
director's sole discretion, that all of the following apply:	4625

(1) The project is economically sound and will benefit the	4626
people of the state by increasing opportunities for employment, by	4627
strengthening the economy of the state, or expanding minority	4628
business enterprises;.	4629

(2) The proposed minority business enterprise borrower is	4630
unable to finance the proposed project through ordinary financial	4631
channels at comparable terms;.	4632

(3) The value of the project is, or, upon completion	4633
~~thereof~~, will be, at least equal to the total amount of the money	4634
expended in the procurement or improvement of the project, and of	4635
~~which amount~~ one or more financial institutions or other	4636
governmental entities have loaned not less than thirty per cent;	4637
of that amount.	4638

(4) The amount to be loaned by the director will not exceed	4639
sixty per cent of the total amount expended in the procurement or	4640
improvement of the project;.	4641

(5) The amount to be loaned by the director will be	4642
adequately secured by a first or second mortgage upon the project,	4643
or by mortgages, leases, liens, assignments, or pledges on or of	4644
other property or contracts as the director requires, and ~~that~~	4645
such mortgage will not be subordinate to any other liens or	4646
mortgages except the liens securing loans or investments made by	4647
financial institutions referred to in division (A)(3) of this	4648
section, and the liens securing loans previously made by any	4649
financial institution in connection with the procurement or	4650
expansion of all or part of a project.	4651

(B) Any proposed minority business enterprise borrower	4652
submitting an application for assistance under this section shall	4653
not have defaulted on a previous loan from the director, and no	4654
full or limited partner, or major shareholder, or holder of an	4655
equity interest of the proposed minority business enterprise	4656
borrower shall have defaulted on a loan from the director;.	4657

(C) The proposed minority business enterprise borrower shall	4658
demonstrate to the satisfaction of the director that it is able to	4659
successfully compete in the private sector if it obtains the	4660
necessary financial, technical, or managerial support and that	4661
support is available through the director, the minority business	4662
development office of the department of development, or other	4663
identified and acceptable sources. In determining whether a	4664
minority business enterprise borrower will be able to successfully	4665
compete, the director may give consideration to such factors as	4666
the successful completion of or participation in courses of study,	4667
recognized by the board of regents as providing financial,	4668
technical, or managerial skills related to the operation of the	4669
business, by the economically disadvantaged individual, owner, or	4670
partner, and the prior success of the individual, owner, or	4671
partner in personal, career, or business activities, as well as to	4672
other factors identified by the director.	4673

(D) The director shall not lend funds for the purpose of	4674
procuring or improving motor vehicles, power-driven vehicles,	4675
office equipment, raw materials, small tools, supplies,	4676
inventories, or accounts receivable.	4677

Sec. 122.92. There is hereby created in the department of	4678
development a minority business development division. The	4679
division shall do all of the following:	4680

(A) Provide technical, managerial, and counseling services	4681
and assistance to minority business enterprises;	4682

(B) Provide procurement and bid packaging assistance to	4683
minority business enterprises;	4684

(C) Provide bonding technical assistance to minority	4685
business enterprises;	4686

(D) Participate with other state departments and agencies as	4687
appropriate in developing specific plans and specific program	4688
goals for programs to assist in the establishment and development	4689
of minority business enterprises and establish regular performance	4690
monitoring and reporting systems to ensure that those goals are	4691
being achieved;	4692

(E) Implement state law and policy supporting minority	4693
business enterprise development, and assist in the coordination of	4694
plans, programs, and operations of state government which affect	4695
or may contribute to the establishment, preservation, and	4696
strengthening of minority business enterprises;	4697

(F) Assist in the coordination of activities and resources	4698
of state agencies and local governments, business and trade	4699
associations, universities, foundations, professional	4700
organizations, and volunteer and other groups, to promote the	4701
growth of minority business enterprises;	4702

(G) Establish a center for the development, collection, and	4703
dissemination of information that will be helpful to persons in	4704
establishing or expanding minority business enterprises in this	4705
state;	4706

(H) Design, implement, and assist in experimental and	4707
demonstration projects designed to overcome the special problems	4708
of minority business enterprises;	4709

(I) Coordinate reviews of all proposed state training and	4710
technical assistance activities in direct support of minority	4711
business enterprise programs to ensure consistency with program	4712
goals and to preclude duplication of efforts by other state	4713
agencies;	4714

(J) Recommend appropriate legislative or executive actions	4715
to enhance minority business enterprise opportunities in the	4716
state;	4717

(K) Assist minority business enterprises in obtaining	4718
governmental or commercial financing for business expansion,	4719
establishment of new businesses, or industrial development	4720
projects;	4721

(L) Assist minority business enterprises in contract	4722
procurement from government and commercial sources;	4723

(M) Establish procedures to identify groups who have been	4724
disadvantaged because of racial, cultural, or ethnic circumstances	4725
without regard to the individual qualities of the members of the	4726
group;	4727

(N) Establish procedures to identify persons who have been	4728
economically disadvantaged;	4729

(O) Provide grant assistance to nonprofit entities that	4730
promote economic development, development corporations, community	4731
improvement corporations, and incubator business entities, if the	4732
entities or corporations focus on business, technical, and	4733
financial assistance to minority business enterprises to assist	4734
the enterprises with fixed asset financing;	4735

(P) Do all acts and things necessary or proper to carry out	4736
the powers expressly granted and duties imposed by sections 122.92	4737
to 122.94 of the Revised Code.	4738

Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and	4739
Chapter 145. of the Revised Code, the examinations of applicants	4740
for the positions of deputy mine inspector, superintendent of	4741
rescue stations, assistant superintendent of rescue stations,	4742
electrical inspectors, gas storage well inspector, and mine	4743
chemists in the division of mineral resources management,	4744
department of natural resources, as provided in Chapters 1561.,	4745
1563., 1565., and 1567. of the Revised Code shall be provided for,	4746
conducted, and administered by the ~~mine examining board created by~~	4747
~~section 1561.10 of the Revised Code~~ chief of the division of	4748
mineral resources management.	4749

From the returns of the examinations the ~~mine examining board~~	4750
chief shall prepare eligible lists of the persons whose general	4751
average standing upon examinations for such grade or class is not	4752
less than the minimum fixed by ~~the~~ rules ~~of the board~~ adopted	4753
under section 1561.05 of the Revised Code and who are otherwise	4754
eligible. All appointments to a position shall be made from such	4755
eligible list in the same manner as appointments are made from	4756
eligible lists prepared by the director of administrative	4757
services. Any person upon being appointed to fill one of the	4758
positions provided for in this section, from any such eligible	4759
list, shall have the same standing, rights, privileges, and status	4760
as other state employees in the classified service.	4761

Sec. 124.82. (A) Except as provided in division (D) of this	4762
section, the department of administrative services, in	4763
consultation with the superintendent of insurance, shall, in	4764
accordance with competitive selection procedures of Chapter 125.	4765
of the Revised Code, contract with an insurance company or a	4766
health plan in combination with an insurance company, authorized	4767
to do business in this state, for the issuance of a policy or	4768
contract of health, medical, hospital, dental, or surgical	4769
benefits, or any combination ~~thereof~~ of those benefits, covering	4770
state employees who are paid directly by warrant of the auditor of	4771
state, including elected state officials. The department may	4772
fulfill its obligation under this division by exercising its	4773
authority under division (A)(2) of section 124.81 of the Revised	4774
Code.	4775

(B) The department may, in addition, in consultation with	4776
the superintendent of insurance, negotiate and contract with	4777
health insuring corporations holding a certificate of authority	4778
under Chapter 1751. of the Revised Code, in their approved service	4779
areas only, for issuance of a contract or contracts of health care	4780
services, covering state employees who are paid directly by	4781
warrant of the auditor of state, including elected state	4782
officials. Except for health insuring corporations, no more than	4783
one insurance carrier or health plan shall be contracted with to	4784
provide the same plan of benefits, provided that:	4785

(1) The amount of the premium or cost for such coverage	4786
contributed by the state, for an individual or for an individual	4787
and the individual's family, does not exceed that same amount of	4788
the premium or cost contributed by the state under division (A) of	4789
this section;	4790

(2) The employee be permitted to exercise the option as to	4791
which plan the employee will select under division (A) or (B) of	4792
this section, at a time that shall be determined by the	4793
department;	4794

(3) The health insuring corporations do not refuse to accept	4795
the employee, or the employee and the employee's family, if the	4796
employee exercises the option to select care provided by the	4797
corporations;	4798

(4) The employee may choose participation in only one of the	4799
plans sponsored by the department;	4800

(5) The director of health examines and certifies to the	4801
department that the quality and adequacy of care rendered by the	4802
health insuring corporations meet at least the standards of care	4803
provided by hospitals and physicians in that employee's community,	4804
who would be providing such care as would be covered by a contract	4805
awarded under division (A) of this section.	4806

(C) All or any portion of the cost, premium, or charge for	4807
the coverage in divisions (A) and (B) of this section may be paid	4808
in such manner or combination of manners as the department	4809
determines and may include the proration of health care costs,	4810
premiums, or charges for part-time employees.	4811

(D) Notwithstanding division (A) of this section, the	4812
department may provide benefits equivalent to those that may be	4813
paid under a policy or contract issued by an insurance company or	4814
a health plan pursuant to division (A) of this section.	4815

(E) This section does not prohibit the state office of	4816
collective bargaining from entering into an agreement with an	4817
employee representative for the purposes of providing fringe	4818
benefits, including, but not limited to, hospitalization, surgical	4819
care, major medical care, disability, dental care, vision care,	4820
medical care, hearing aids, prescription drugs, group life	4821
insurance, sickness and accident insurance, group legal services	4822
or other benefits, or any combination thereof, to employees paid	4823
directly by warrant of the auditor of state through a jointly	4824
administered trust fund. The employer's contribution for the cost	4825
of the benefit care shall be mutually agreed to in the	4826
collectively bargained agreement. The amount, type, and structure	4827
of fringe benefits provided under this division is subject to the	4828
determination of the board of trustees of the jointly administered	4829
trust fund. Notwithstanding any other provision of the Revised	4830
Code, competitive bidding does not apply to the purchase of fringe	4831
benefits for employees under this division when such benefits are	4832
provided through a jointly administered trust fund.	4833

(F) Members of state boards and commissions who are members	4834
of the public employees retirement system may be covered by any	4835
policy, contract, or plan of benefits or services described in	4836
division (A) or (B) of this section if they pay the entire amount	4837
of the premiums, costs, or charges for that coverage.	4838

Sec. 125.22. (A) The department of administrative services	4839
shall establish the central service agency to perform routine	4840
support for the following boards and commissions:	4841

(1) State board of examiners of architects;

4842

(2) Barber board;

4843

(3) State chiropractic board;

4844

(4) State board of cosmetology;

4845

(5) Accountancy board;

4846

(6) State dental board;

4847

(7) State board of optometry;

4848

(8) Ohio occupational therapy, physical therapy, and	4849
athletic trainers board;	4850

(9) State board of registration for professional engineers	4851
and surveyors;	4852

(10) State board of sanitarian registration;

4853

(11) Board of embalmers and funeral directors;

4854

(12) State board of psychology;

4855

(13) Ohio optical dispensers board;

4856

(14) Board of speech pathology and audiology;

4857

(15) Counselor and social worker board;

4858

(16) State veterinary medical licensing board;

4859

(17) Ohio board of dietetics;

4860

(18) Commission on Hispanic-Latino affairs;

4861

(19) Ohio respiratory care board;

4862

(20) Ohio commission on African-American males.

4863

(B)(1) Notwithstanding any other section of the Revised	4864
Code, the agency shall perform the following routine support	4865
services for the boards and commissions named in division (A) of	4866
this section unless the controlling board exempts a board or	4867
commission from this requirement on the recommendation of the	4868
director of administrative services:	4869

(a) Preparing and processing payroll and other personnel	4870
documents;	4871

(b) Preparing and processing vouchers, purchase orders,	4872
encumbrances, and other accounting documents;	4873

4874

(d) Preparing and monitoring budgets and allotment plans in	4875
consultation with the boards and commissions;	4876

(e) ~~Maintaining information required by section 3729.40 of~~	4877
~~the Revised Code;~~	4878

~~(f)~~ Other routine support services that the director of	4879
administrative services considers appropriate to achieve	4880
efficiency.	4881

(2) The agency may perform other services which a board or	4882
commission named in division (A) of this section delegates to the	4883
agency and the agency accepts.	4884

(3) The agency may perform any service for any professional	4885
or occupational licensing board not named in division (A) of this	4886
section or any commission if the board or commission requests such	4887
service and the agency accepts.	4888

(C) The director of administrative services shall be the	4889
appointing authority for the agency.	4890

(D) The agency shall determine the fees to be charged to the	4891
boards and commissions, which shall be in proportion to the	4892
services performed for each board or commission.	4893

(E) Each board or commission named in division (A) of this	4894
section and any other board or commission requesting services from	4895
the agency shall pay these fees to the agency from the general	4896
revenue fund maintenance account of the board or commission or	4897
from such other fund as the operating expenses of the board or	4898
commission are paid. Any amounts set aside for a fiscal year by a	4899
board or commission to allow for the payment of fees shall be used	4900
only for the services performed by the agency in that fiscal year.	4901
All receipts collected by the agency shall be deposited in the	4902
state treasury to the credit of the central service agency fund,	4903
which is hereby created. All expenses incurred by the agency in	4904
performing services for the boards or commissions shall be paid	4905
from the fund.	4906

(F) Nothing in this section shall be construed as a grant of	4907
authority for the central service agency to initiate or deny	4908
personnel or fiscal actions for the boards and commissions.	4909

Sec. 126.11. (A)(1) The director of budget and management	4910
shall, upon consultation with the treasurer of state, coordinate	4911
and approve the scheduling of initial sales of publicly offered	4912
securities of the state and of publicly offered fractionalized	4913
interests in or securitized issues of public obligations of the	4914
state. The director shall from time to time develop and	4915
distribute to state issuers an approved sale schedule for each of	4916
the obligations covered by ~~this~~ division (A) or (B) of this	4917
section. ~~This division~~ Division (A) of this section applies only	4918
to those obligations on which the state or a state agency is the	4919
direct obligor or obligor on any backup security or related credit	4920
enhancement facility or source of money subject to state	4921
appropriations that is intended for payment of those obligations.	4922

(2) The issuers of obligations pursuant to section 151.03,	4923
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code	4924
shall submit to the director:	4925

(a) For review and approval: the projected sale date,	4926
amount, and type of obligations proposed to be sold; their	4927
purpose, security, and source of payment; and the proposed	4928
structure and maturity schedule;	4929

(b) For review and comment: the authorizing order or	4930
resolution; preliminary and final offering documents; method of	4931
sale; preliminary and final pricing information; and any written	4932
reports or recommendations of financial advisors or consultants	4933
relating to those obligations;	4934

(c) Promptly after each sale of those obligations: final	4935
terms, including sale price, maturity schedule and yields, and	4936
sources and uses; names of the original purchasers or	4937
underwriters; a copy of the final offering document and of the	4938
transcript of proceedings; and any other pertinent information	4939
requested by the director.	4940

(3) The issuer of obligations pursuant to section 151.06 or	4941
151.08 or Chapter 154. ~~or 3318.~~ of the Revised Code shall submit	4942
to the director:	4943

(a) For review and mutual agreement: the projected sale	4944
date, amount, and type of obligations proposed to be sold; their	4945
purpose, security, and source of payment; and the proposed	4946
structure and maturity schedule;	4947

(b) For review and comment: the authorizing order or	4948
resolution; preliminary and final offering documents; method of	4949
sale; preliminary and final pricing information; and any written	4950
reports or recommendations of financial advisors or consultants	4951
relating to those obligations;	4952

(c) Promptly after each sale of those obligations: final	4953
terms, including sale price, maturity schedule and yields, and	4954
sources and uses; names of the original purchasers or	4955
underwriters; a copy of the final offering document and of the	4956
transcript of proceedings; and any other pertinent information	4957
requested by the director.	4958

(4) The issuers of obligations pursuant to Chapter 166.,	4959
4981., 5540., or 6121., or section 5531.10, of the Revised Code	4960
shall submit to the director:	4961

(a) For review and comment: the projected sale date, amount,	4962
and type of obligations proposed to be sold; the purpose,	4963
security, and source of payment; and preliminary and final	4964
offering documents;	4965

(b) Promptly after each sale of those obligations: final	4966
terms, including a maturity schedule; names of the original	4967
purchasers or underwriters; a copy of the complete continuing	4968
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	4969
rule as from time to time in effect; and any other pertinent	4970
information requested by the director.	4971

(5) Not later than thirty days after the end of a fiscal	4972
year, each issuer of obligations subject to divisions (A) and (B)	4973
of this section shall submit to the director and to the treasurer	4974
of state a sale plan for the then current fiscal year for each	4975
type of obligation, projecting the amount and term of each	4976
issuance, the method of sale, and the month of sale.	4977

(B) Issuers of obligations pursuant to section 3318.085 or	4978
Chapter ~~122., 166.,~~ 175., ~~3345., 3347.,~~ 3366., ~~3377.,~~ 3706.,	4979
3737., 5537., 6121., or 6123. of the Revised Code~~, and issuers of~~	4980
~~securities issued pursuant to Chapter 165. of the Revised Code~~	4981
~~other than a county or municipal corporation,~~ shall submit to the	4982
director copies of the preliminary and final offering documents	4983
upon their availability if not previously submitted pursuant to	4984
division (A) of this section.	4985

(C) Not later than the first day of January of each year,	4986
every state agency obligated to make payments on outstanding	4987
public obligations with respect to which fractionalized interests	4988
have been publicly issued, such as certificates of participation,	4989
shall submit a report to the director of the amounts payable from	4990
state appropriations under those public obligations during the	4991
then current and next two fiscal years, identifying the	4992
appropriation or intended appropriation from which payment is	4993
expected to be made.	4994

(D)(1) Information relating generally to the historic,	4995
current, or future demographics or economy or financial condition	4996
or funds or general operations of the state, and descriptions of	4997
any state contractual obligations relating to public obligations,	4998
to be contained in any offering document, continuing disclosure	4999
document, or written presentation prepared, approved, or provided,	5000
or committed to be provided, by an issuer in connection with the	5001
original issuance and sale of, or rating, remarketing, or credit	5002
enhancement facilities relating to, public obligations referred to	5003
in division (A) of this section shall be approved as to format and	5004
accuracy by the director before being presented, published, or	5005
disseminated in preliminary, draft, or final form, or publicly	5006
filed in paper, electronic, or other format.	5007

(2) Except for information described in division (D)(1) of	5008
this section that is to be contained in an offering document,	5009
continuing disclosure document, or written presentation, division	5010
(D)(1) of this section does not inhibit direct communication	5011
between an issuer and a rating agency, remarketing agent, or	5012
credit enhancement provider concerning an issuance of public	5013
obligations referred to in division (A) of this section or matters	5014
associated with that issuance.	5015

(3) The materials approved and provided pursuant to division	5016
(D) of this section are the information relating to the particular	5017
subjects provided by the state or state agencies that are required	5018
or contemplated by any applicable state or federal securities laws	5019
and any commitments by the state or state agencies made under	5020
those laws. Reliance for the purpose should not be placed on any	5021
other information publicly provided, in any format including	5022
electronic, by any state agency for other purposes, including	5023
general information provided to the public or to portions of the	5024
public. A statement to that effect shall be included in those	5025
materials so approved or provided.	5026

(E) Issuers of obligations referred to in division (A) of	5027
this section may take steps, by formal agreement, covenants in the	5028
proceedings, or otherwise, as may be necessary or appropriate to	5029
comply or permit compliance with applicable lawful disclosure	5030
requirements relating to those obligations, and may, subject to	5031
division (D) of this section, provide, make available, or file	5032
copies of any required disclosure materials as necessary or	5033
appropriate. Any such formal agreement or covenant relating to	5034
subjects referred to in division (D) of this section, and any	5035
description of that agreement or covenant to be contained in any	5036
offering document, shall be approved by the director before being	5037
entered into or published or publicly disseminated in preliminary,	5038
draft, or final form or publicly filed in paper, electronic, or	5039
other format. The director shall be responsible for making all	5040
filings in compliance with those requirements relating to direct	5041
obligations of the state, including fractionalized interests in	5042
those obligations.	5043

(F) No state agency or official shall, without the approval	5044
of the director of budget and management, do either of the	5045
following:	5046

(1) Enter into or commit to enter into a public obligation	5047
under which fractionalized interests in the payments are to be	5048
publicly offered, which payments are anticipated to be made from	5049
money from any source appropriated or to be appropriated by the	5050
general assembly or in which the provision stated in section 9.94	5051
of the Revised Code is not included;	5052

(2) Except as otherwise expressly authorized for the purpose	5053
by law, agree or commit to provide, from money from any source to	5054
be appropriated in the future by the general assembly, financial	5055
assistance to or participation in the costs of capital facilities,	5056
or the payment of debt charges, directly or by way of a credit	5057
enhancement facility, a reserve, rental payments, or otherwise, on	5058
obligations issued to pay costs of capital facilities.	5059

(G) As used in this section, "credit enhancement	5060
facilities," "debt charges," "fractionalized interests in public	5061
obligations," "obligor," "public issuer," and "securities" have	5062
the same meanings as in section 133.01 of the Revised Code;	5063
"public obligation" has the same meaning as in division (GG)(2) of	5064
section 133.01 of the Revised Code; "obligations" means securities	5065
or public obligations or fractionalized interests in them;	5066
"issuers" means issuers of securities or state obligors on public	5067
obligations; "offering document" means an official statement,	5068
offering circular, private placement memorandum, or prospectus, or	5069
similar document; and "director" means the director of budget and	5070
management or the employee of the office of budget and management	5071
designated by the director for the purpose.	5072

Sec. 126.21. (A) The director of budget and management	5073
shall do all of the following:	5074

(1) Keep all necessary accounting records;

5075

(2) Prescribe and maintain the accounting system of the	5076
state and establish appropriate accounting procedures and charts	5077
of accounts;	5078

(3) Establish procedures for the use of written, electronic,	5079
optical, or other communications media for approving payment	5080
vouchers;	5081

(4) Reconcile, in the case of any variation between the	5082
amount of any appropriation and the aggregate amount of items of	5083
the appropriation, with the advice and assistance of the state	5084
agency affected by it and the ~~legislative budget office of the~~	5085
legislative service commission, totals so as to correspond in the	5086
aggregate with the total appropriation. In the case of a conflict	5087
between the item and the total of which it is a part, the item	5088
shall be considered the intended appropriation.	5089

(5) Evaluate on an ongoing basis and, if necessary,	5090
recommend improvements to the internal controls used in state	5091
agencies;	5092

(6) Authorize the establishment of petty cash accounts. The	5093
director of budget and management may withdraw approval for any	5094
petty cash account and require the officer in charge to return to	5095
the state treasury any unexpended balance shown by the officer's	5096
accounts to be on hand. Any officer who is issued a warrant for	5097
petty cash shall render a detailed account of the expenditures of	5098
the petty cash and shall report when requested the balance of	5099
petty cash on hand at any time.	5100

(7) Process orders, invoices, vouchers, claims, and payrolls	5101
and prepare financial reports and statements;	5102

(8) Perform extensions, reviews, and compliance checks prior	5103
to approving a payment as the director considers necessary;	5104

(9) Issue the official comprehensive annual financial report	5105
of the state. The report shall cover all funds ~~and account groups~~	5106
of the state reporting entity and shall include ~~general purpose~~	5107
basic financial statements and required supplementary information	5108
prepared in accordance with generally accepted accounting	5109
principles and other information as the director provides. All	5110
state agencies, authorities, institutions, offices, retirement	5111
systems, and other component units of the state reporting entity	5112
as determined by the director shall furnish the director whatever	5113
financial statements and other information the director requests	5114
for the report, in the form, at the times, covering the periods,	5115
and with the attestation the director prescribes. The information	5116
for state institutions of higher education, as defined in section	5117
3345.011 of the Revised Code, shall be submitted to the director	5118
by the Ohio board of regents. The board shall establish a due	5119
date by which each such institution shall submit the information	5120
to the board, but no such date shall be later than one hundred	5121
twenty days after the end of the state fiscal year unless a later	5122
date is approved by the director.	5123

(B) In addition to the director's duties under division (A)	5124
of this section, the director of budget and management may	5125
establish and administer one or more state payment card programs	5126
that permit or require state agencies to use a payment card to	5127
purchase equipment, materials, supplies, or services in accordance	5128
with guidelines issued by the director. The director may contract	5129
with one or more vendors to provide the payment cards and payment	5130
card services. State agencies may only participate in state	5131
payment card programs that the director establishes pursuant to	5132
this section.	5133

Sec. 127.16. (A) Upon the request of either a state agency	5134
or the director of budget and management and after the controlling	5135
board determines that an emergency or a sufficient economic reason	5136
exists, the controlling board may approve the making of a purchase	5137
without competitive selection as provided in division (B) of this	5138
section.	5139

(B) Except as otherwise provided in this section, no state	5140
agency, using money that has been appropriated to it directly,	5141
shall:	5142

(1) Make any purchase from a particular supplier, that would	5143
amount to fifty thousand dollars or more when combined with both	5144
the amount of all disbursements to the supplier during the fiscal	5145
year for purchases made by the agency and the amount of all	5146
outstanding encumbrances for purchases made by the agency from the	5147
supplier, unless the purchase is made by competitive selection or	5148
with the approval of the controlling board;	5149

(2) Lease real estate from a particular supplier, if the	5150
lease would amount to seventy-five thousand dollars or more when	5151
combined with both the amount of all disbursements to the supplier	5152
during the fiscal year for real estate leases made by the agency	5153
and the amount of all outstanding encumbrances for real estate	5154
leases made by the agency from the supplier, unless the lease is	5155
made by competitive selection or with the approval of the	5156
controlling board.	5157

(C) Any person who authorizes a purchase in violation of	5158
division (B) of this section shall be liable to the state for any	5159
state funds spent on the purchase, and the attorney general shall	5160
collect the amount from the person.	5161

(D) Nothing in division (B) of this section shall be	5162
construed as:	5163

(1) A limitation upon the authority of the director of	5164
transportation as granted in sections 5501.17, 5517.02, and	5165
5525.14 of the Revised Code;	5166

(2) Applying to medicaid provider agreements under Chapter	5167
5111. of the Revised Code or payments or provider agreements under	5168
disability assistance medical assistance established under Chapter	5169
5115. of the Revised Code;	5170

(3) Applying to the purchase of examinations from a sole	5171
supplier by a state licensing board under Title XLVII of the	5172
Revised Code;	5173

(4) Applying to entertainment contracts for the Ohio state	5174
fair entered into by the Ohio expositions commission, provided	5175
that the controlling board has given its approval to the	5176
commission to enter into such contracts and has approved a total	5177
budget amount for such contracts as agreed upon by commission	5178
action, and that the commission causes to be kept itemized records	5179
of the amounts of money spent under each contract and annually	5180
files those records with the clerk of the house of representatives	5181
and the clerk of the senate following the close of the fair;	5182

(5) Limiting the authority of the chief of the division of	5183
mineral resources management to contract for reclamation work with	5184
an operator mining adjacent land as provided in section 1513.27 of	5185
the Revised Code;	5186

(6) Applying to investment transactions and procedures of	5187
any state agency, except that the agency shall file with the board	5188
the name of any person with whom the agency contracts to make,	5189
broker, service, or otherwise manage its investments, as well as	5190
the commission, rate, or schedule of charges of such person with	5191
respect to any investment transactions to be undertaken on behalf	5192
of the agency. The filing shall be in a form and at such times as	5193
the board considers appropriate.	5194

(7) Applying to purchases made with money for the per cent	5195
for arts program established by section 3379.10 of the Revised	5196
Code;	5197

(8) Applying to purchases made by the rehabilitation	5198
services commission of services, or supplies, that are provided to	5199
persons with disabilities, or to purchases made by the commission	5200
in connection with the eligibility determinations it makes for	5201
applicants of programs administered by the social security	5202
administration;	5203

(9) Applying to payments by the department of job and family	5204
services under section 5111.13 of the Revised Code for group	5205
health plan premiums, deductibles, coinsurance, and other	5206
cost-sharing expenses;	5207

(10) Applying to any agency of the legislative branch of the	5208
state government;	5209

(11) Applying to agreements or contracts entered into under	5210
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	5211

(12) Applying to purchases of services by the adult parole	5212
authority under section 2967.14 of the Revised Code or by the	5213
department of youth services under section 5139.08 of the Revised	5214
Code;	5215

(13) Applying to dues or fees paid for membership in an	5216
organization or association;	5217

(14) Applying to purchases of utility services pursuant to	5218
section 9.30 of the Revised Code;	5219

(15) Applying to purchases made in accordance with rules	5220
adopted by the department of administrative services of motor	5221
vehicle, aviation, or watercraft fuel, or emergency repairs of	5222
such vehicles;	5223

(16) Applying to purchases of tickets for passenger air	5224
transportation;	5225

(17) Applying to purchases necessary to provide public	5226
notifications required by law or to provide notifications of job	5227
openings;	5228

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

5229

(19) Applying to purchases of liquor for resale by the	5230
division of liquor control;	5231

(20) Applying to purchases of motor courier and freight	5232
services made in accordance with department of administrative	5233
services rules;	5234

(21) Applying to purchases from the United States postal	5235
service and purchases of stamps and postal meter replenishment	5236
from vendors at rates established by the United States postal	5237
service;	5238

(22) Applying to purchases of books, periodicals, pamphlets,	5239
newspapers, maintenance subscriptions, and other published	5240
materials;	5241

(23) Applying to purchases from other state agencies,	5242
including state-assisted institutions of higher education;	5243

(24) Limiting the authority of the director of environmental	5244
protection to enter into contracts under division (D) of section	5245
3745.14 of the Revised Code to conduct compliance reviews, as	5246
defined in division (A) of that section;	5247

(25) Applying to purchases from a qualified nonprofit agency	5248
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	5249

(26) Applying to payments by the department of job and	5250
family services to the United States department of health and	5251
human services for printing and mailing notices pertaining to the	5252
tax refund offset program of the internal revenue service of the	5253
United States department of the treasury;	5254

(27) Applying to contracts entered into by the department of	5255
mental retardation and developmental disabilities under sections	5256
5123.18, 5123.182, and 5111.252 of the Revised Code;	5257

(28) Applying to payments made by the department of mental	5258
health under a physician recruitment program authorized by section	5259
5119.101 of the Revised Code;	5260

(29) Applying to contracts entered into with persons by the	5261
director of commerce for unclaimed funds collection and remittance	5262
efforts as provided in division (F) of section 169.03 of the	5263
Revised Code. The director shall keep an itemized accounting of	5264
unclaimed funds collected by those persons and amounts paid to	5265
them for their services.	5266

(30) Applying to purchases made by a state institution of	5267
higher education in accordance with the terms of a contract	5268
between the vendor and an inter-university purchasing group	5269
comprised of purchasing officers of state institutions of higher	5270
education;	5271

(31) Applying to the department of job and family services'	5272
purchases of health assistance services under the children's	5273
health insurance program part I provided for under section 5101.50	5274
of the Revised Code or the children's health insurance program	5275
part II provided for under section 5101.51 of the Revised Code;	5276

(32) Applying to payments by the attorney general from the	5277
reparations fund to hospitals and other emergency medical	5278
facilities for performing medical examinations to collect physical	5279
evidence pursuant to section 2907.28 of the Revised Code;	5280

(33) Applying to contracts with a contracting authority or	5281
administrative receiver under division (G)(2) of section 5126.055	5282
of the Revised Code.	5283

(E) Notwithstanding division (B)(1) of this section, the	5284
cumulative purchase threshold shall be seventy-five thousand	5285
dollars for the departments of mental retardation and	5286
developmental disabilities, mental health, rehabilitation and	5287
correction, and youth services.	5288

(F) When determining whether a state agency has reached the	5289
cumulative purchase thresholds established in divisions (B)(1),	5290
(B)(2), and (E) of this section, all of the following purchases by	5291
such agency shall not be considered:	5292

(1) Purchases made through competitive selection or with	5293
controlling board approval;	5294

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

5295

(3) For the purposes of the thresholds of divisions (B)(1)	5296
and (E) of this section only, leases of real estate.	5297

(G) As used in this section, "competitive selection,"	5298
"purchase," "supplies," and "services" have the same meanings as	5299
in section 125.01 of the Revised Code.	5300

Sec. 131.01. As used in Chapters 113., 117., 123., 124.,	5301
125., 126., 127., and 131. of the Revised Code, and any statute	5302
that uses the terms in connection with state accounting or	5303
budgeting:	5304

(A) "Account" means any record, element, or summary in which	5305
financial transactions are identified and recorded as debit or	5306
credit transactions in order to summarize items of a similar	5307
nature or classification.	5308

(B) "Accounting procedure" means the arrangement of all	5309
processes which discover, record, and summarize financial	5310
information to produce financial statements and reports and to	5311
provide internal control.	5312

(C) "Accounting system" means the total structure of records	5313
and procedures which discover, record, classify, and report	5314
information on the financial position and operations of a	5315
governmental unit or any of its funds~~, balanced account groups,~~	5316
and organizational components.	5317

(D) "Allocation" means a portion of an appropriation which is	5318
designated for expenditure by specific organizational units or for	5319
special purposes, activities, or objects that do not relate to a	5320
period of time.	5321

(E) "Allotment" means all or part of an appropriation which	5322
may be encumbered or expended within a specific period of time.	5323

(F) "Appropriation" means an authorization granted by the	5324
general assembly to make expenditures and to incur obligations for	5325
specific purposes.	5326

(G) "Assets" means resources owned, controlled, or otherwise	5327
used or held by the state which have monetary value.	5328

(H) "Budget" means the plan of financial operation embodying	5329
an estimate of proposed expenditures and obligations for a given	5330
period and the proposed means of financing them.	5331

(I) "Direct deposit" is a form of electronic funds transfer	5332
in which money is electronically deposited into the account of a	5333
person or entity at a financial institution.	5334

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

5335

(K) "Electronic benefit transfer" means the electronic	5336
delivery of benefits through automated teller machines, point of	5337
sale terminals, or other electronic media pursuant to section	5338
5101.33 of the Revised Code.	5339

(L) "Electronic funds transfer" means the electronic movement	5340
of funds via automated clearing house or wire transfer.	5341

(M) "Encumbrancing document" means a document reserving all	5342
or part of an appropriation.	5343

(N) "Expenditure" means a reduction of the balance of an	5344
appropriation after legal requirements have been met.	5345

(O) "Fund" means an independent fiscal and accounting entity	5346
with a self-balancing set of accounts recording cash or other	5347
resources, together with all related liabilities, obligations,	5348
reserves, and fund balances which are segregated for the purpose	5349
of carrying on specific activities or attaining certain objectives	5350
in accordance with special rules, restrictions, or limitations.	5351

(P) "Lapse" means the automatic termination of an	5352
appropriation at the end of the fiscal period for which it was	5353
appropriated.	5354

(Q) "Reappropriation" means an appropriation of a previous	5355
appropriation that is continued in force in a succeeding	5356
appropriation period. "Reappropriation" shall be equated with and	5357
incorporated in the term "appropriation."	5358

(R) "Voucher" means the document used to transmit a claim for	5359
payment and evidentiary matter related to the claim.	5360

(S) "Warrant" means an order drawn upon the treasurer of	5361
state by the auditor of state directing the treasurer of state to	5362
pay a specified amount, including an order to make a lump-sum	5363
payment to a financial institution for the transfer of funds by	5364
direct deposit or the drawdown of funds by electronic benefit	5365
transfer, and the resulting electronic transfer to or by the	5366
ultimate payees.	5367

The terms defined in this section shall be used, on all	5368
accounting forms, reports, formal rules, and budget requests	5369
produced by a state agency, only as defined in this section.	5370

Sec. 133.021. The general assembly hereby finds and declares	5371
that the "Tax Reform Act of 1986" (the "Act") establishes a	5372
unified volume ceiling on the aggregate amount of private activity	5373
bonds which can be issued in each state. The unified volume	5374
ceiling is the product of seventy-five dollars multiplied by the	5375
state population in 1987 and fifty dollars multiplied by the state	5376
population in each succeeding calendar year.	5377

The general assembly further finds and declares that the Act	5378
requires the state to allocate its volume ceiling according to a	5379
specified formula unless a different procedure is established by	5380
the governor or general assembly.	5381

The general assembly further finds and declares that pursuant	5382
to authorization of state legislation the general assembly has, by	5383
division (D)(3) of section 133.02 of the Revised Code, effective	5384
October 30, 1989, provided for delegating such function to the	5385
governor and for further delegation as therein provided, subject	5386
to such prospectively effective actions as may subsequently be	5387
taken by the general assembly.	5388

The general assembly further finds and declares that it	5389
desires to by legislation provide for an efficient, effective, and	5390
equitable procedure under which the state will allocate the	5391
unified volume ceiling.	5392

The general assembly therefore finds and declares that it is	5393
necessary to create the joint select committee on volume cap to	5394
create a process for the allocation of the unified volume ceiling.	5395

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	5396
Revenue Code, which provides that a state may by law provide a	5397
different formula for allocating the state ceiling, there is	5398
hereby created the joint select committee on volume cap to provide	5399
for the allocation and the reallocation of the unified volume	5400
ceiling among the governmental units (or other authorities) in the	5401
state having authority to issue tax exempt private activity bonds.	5402

(B) The committee shall consist of eight members. Two	5403
members shall be from the house of representatives appointed by	5404
the speaker of the house of representatives; two members shall be	5405
from the senate appointed by the president of the senate; and four	5406
members shall be appointed by the governor. Each member shall be	5407
selected for ~~his or her~~ the member's knowledge and experience in	5408
tax exempt private activity bonds. The members shall serve at the	5409
pleasure of the appointing authority. A vacancy shall be filled	5410
in the same manner as the original appointment.	5411

(C) The purpose of the committee shall be to maximize the	5412
economic benefits of the unified volume ceiling to all citizens of	5413
the state. To this end, the joint select committee on volume cap	5414
shall:	5415

(1) ~~Annually, survey the governmental units (or other~~	5416
~~authorities) in the state having authority to issue tax exempt~~	5417
~~private activity bonds concerning:~~	5418

~~(a) The amount of tax exempt private activity bonds issued~~	5419
~~for the previous calendar year; and~~	5420

~~(b) The amount requested for the calendar year allocation~~	5421
~~currently under consideration.~~	5422

~~(2)~~ Set forth procedures for making allocations,	5423
reallocation and carry forward of the state's unified volume	5424
ceiling in accordance with the Act;	5425

~~(3)~~(2) Develop strategies for allocating and reallocating	5426
the unified volume ceiling which are designed to maximize the	5427
availability of tax exempt private activity bonds among competing	5428
sectors of the state.	5429

(D) To provide for the orderly and prompt issuance of	5430
private activity bonds, the committee is authorized to allocate	5431
the unified volume ceiling among those governmental units (or	5432
other authorities) in the state having authority to issue tax	5433
exempt private activity bonds. The committee shall reserve a	5434
portion of the unified volume ceiling to be allocated for	5435
multi-family rental housing projects. The committee in	5436
determination of unified volume ceiling allocations and	5437
reallocations shall consider the following:	5438

(1) The interest of the state with regard to long-term	5439
economic development, housing, education, redevelopment, and solid	5440
waste management;	5441

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

5442

(3) The needs of political subdivisions.

5443

(E) The director of development shall adopt rules in	5444
accordance with Chapter 119. of the Revised Code to carry out the	5445
purposes of this section.	5446

Sec. 133.06. (A) A school district shall not incur, without	5447
a vote of the electors, net indebtedness that exceeds an amount	5448
equal to one-tenth of one per cent of its tax valuation, except as	5449
provided in divisions (G) and (H) of this section and in division	5450
(C) of section 3313.372 of the Revised Code, or as prescribed in	5451
section 3318.052 of the Revised Code.	5452

(B) Except as provided in divisions (E) ~~and~~, (F), and (I) of	5453
this section, a school district shall not incur net indebtedness	5454
that exceeds an amount equal to nine per cent of its tax	5455
valuation.	5456

(C) A school district shall not submit to a vote of the	5457
electors the question of the issuance of securities in an amount	5458
that will make the district's net indebtedness after the issuance	5459
of the securities exceed an amount equal to four per cent of its	5460
tax valuation, unless the superintendent of public instruction,	5461
acting under policies adopted by the state board of education, and	5462
the tax commissioner, acting under written policies of the	5463
commissioner, consent to the submission. A request for the	5464
consents shall be made at least thirty days prior to the election	5465
at which the question is to be submitted, except that the	5466
superintendent of public instruction and the tax commissioner may	5467
waive this thirty-day deadline or grant their consents after the	5468
election if the school district shows good cause for such waiver	5469
or consent after the election.	5470

(D) In calculating the net indebtedness of a school	5471
district, none of the following shall be considered:	5472

(1) Securities issued to acquire school buses and other	5473
equipment used in transporting pupils or issued pursuant to	5474
division (D) of section 133.10 of the Revised Code;	5475

(2) Securities issued under division (F) of this section,	5476
under section 133.301 of the Revised Code, and, to the extent in	5477
excess of the limitation stated in division (B) of this section,	5478
under division (E) of this section;	5479

(3) Indebtedness resulting from the dissolution of a joint	5480
vocational school district under section 3311.217 of the Revised	5481
Code, evidenced by outstanding securities of that joint vocational	5482
school district;	5483

(4) Loans, evidenced by any securities, received under	5484
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	5485
Revised Code;	5486

(5) Debt incurred under section 3313.374 of the Revised	5487
Code;	5488

(6) Debt incurred pursuant to division (B)(5) of section	5489
3313.37 of the Revised Code to acquire computers and related	5490
hardware;	5491

(7) Debt incurred under section 3318.041 of the Revised	5492
Code.	5493

(E) A school district may become a special needs district as	5494
to certain securities as provided in division (E) of this section.	5495

(1) A board of education, by resolution, may declare its	5496
school district to be a special needs district by determining both	5497
of the following:	5498

(a) The student population is not being adequately serviced	5499
by the existing permanent improvements of the district.	5500

(b) The district cannot obtain sufficient funds by the	5501
issuance of securities within the limitation of division (B) of	5502
this section to provide additional or improved needed permanent	5503
improvements in time to meet the needs.	5504

(2) The board of education shall certify a copy of that	5505
resolution to the superintendent of public instruction with a	5506
statistical report showing all of the following:	5507

(a) A history of and a projection of the growth of the	5508
student population;	5509

(b) The history of and a projection of the growth of the tax	5510
valuation;	5511

5512

(d) The estimated cost of permanent improvements proposed to	5513
meet such projected needs.	5514

(3) The superintendent of public instruction shall certify	5515
the district as an approved special needs district if the	5516
superintendent finds both of the following:	5517

(a) The district does not have available sufficient	5518
additional funds from state or federal sources to meet the	5519
projected needs.	5520

(b) The projection of the potential average growth of tax	5521
valuation during the next five years, according to the information	5522
certified to the superintendent and any other information the	5523
superintendent obtains, indicates a likelihood of potential	5524
average growth of tax valuation of the district during the next	5525
five years of an average of not less than three per cent per year.	5526
The findings and certification of the superintendent shall be	5527
conclusive.	5528

(4) An approved special needs district may incur net	5529
indebtedness by the issuance of securities in accordance with the	5530
provisions of this chapter in an amount that does not exceed an	5531
amount equal to the greater of the following:	5532

(a) Nine per cent of the sum of its tax valuation plus an	5533
amount that is the product of multiplying that tax valuation by	5534
the percentage by which the tax valuation has increased over the	5535
tax valuation on the first day of the sixtieth month preceding the	5536
month in which its board determines to submit to the electors the	5537
question of issuing the proposed securities;	5538

(b) Nine per cent of the sum of its tax valuation plus an	5539
amount that is the product of multiplying that tax valuation by	5540
the percentage, determined by the superintendent of public	5541
instruction, by which that tax valuation is projected to increase	5542
during the next ten years.	5543

(F) A school district may issue securities for emergency	5544
purposes, in a principal amount that does not exceed an amount	5545
equal to three per cent of its tax valuation, as provided in this	5546
division.	5547

(1) A board of education, by resolution, may declare an	5548
emergency if it determines both of the following:	5549

(a) School buildings or other necessary school facilities in	5550
the district have been wholly or partially destroyed, or condemned	5551
by a constituted public authority, or that such buildings or	5552
facilities are partially constructed, or so constructed or planned	5553
as to require additions and improvements to them before the	5554
buildings or facilities are usable for their intended purpose, or	5555
that corrections to permanent improvements are necessary to remove	5556
or prevent health or safety hazards.	5557

(b) Existing fiscal and net indebtedness limitations make	5558
adequate replacement, additions, or improvements impossible.	5559

(2) Upon the declaration of an emergency, the board of	5560
education may, by resolution, submit to the electors of the	5561
district pursuant to section 133.18 of the Revised Code the	5562
question of issuing securities for the purpose of paying the cost,	5563
in excess of any insurance or condemnation proceeds received by	5564
the district, of permanent improvements to respond to the	5565
emergency need.	5566

(3) The procedures for the election shall be as provided in	5567
section 133.18 of the Revised Code, except that:	5568

(a) The form of the ballot shall describe the emergency	5569
existing, refer to this division as the authority under which the	5570
emergency is declared, and state that the amount of the proposed	5571
securities exceeds the limitations prescribed by division (B) of	5572
this section;	5573

(b) The resolution required by division (B) of section	5574
133.18 of the Revised Code shall be certified to the county	5575
auditor and the board of elections at least seventy-five days	5576
prior to the election;	5577

(c) The county auditor shall advise and, not later than	5578
sixty-five days before the election, confirm that advice by	5579
certification to, the board of education of the information	5580
required by division (C) of section 133.18 of the Revised Code;	5581

(d) The board of education shall then certify its resolution	5582
and the information required by division (D) of section 133.18 of	5583
the Revised Code to the board of elections not less than sixty	5584
days prior to the election.	5585

(4) Notwithstanding division (B) of section 133.21 of the	5586
Revised Code, the first principal payment of securities issued	5587
under this division may be set at any date not later than sixty	5588
months after the earliest possible principal payment otherwise	5589
provided for in that division.	5590

(G) The board of education may contract with an architect,	5591
professional engineer, or other person experienced in the design	5592
and implementation of energy conservation measures for an analysis	5593
and recommendations pertaining to installations, modifications of	5594
installations, or remodeling that would significantly reduce	5595
energy consumption in buildings owned by the district. The report	5596
shall include estimates of all costs of such installations,	5597
modifications, or remodeling, including costs of design,	5598
engineering, installation, maintenance, repairs, and debt service,	5599
and estimates of the amounts by which energy consumption and	5600
resultant operational and maintenance costs, as defined by the	5601
Ohio school facilities commission, would be reduced.	5602

If the board finds after receiving the report that the amount	5603
of money the district would spend on such installations,	5604
modifications, or remodeling is not likely to exceed the amount of	5605
money it would save in energy and resultant operational and	5606
maintenance costs over the ensuing fifteen years, the board may	5607
submit to the commission a copy of its findings and a request for	5608
approval to incur indebtedness to finance the making or	5609
modification of installations or the remodeling of buildings for	5610
the purpose of significantly reducing energy consumption.	5611

If the commission determines that the board's findings are	5612
reasonable, it shall approve the board's request. Upon receipt of	5613
the commission's approval, the district may issue securities	5614
without a vote of the electors in a principal amount not to exceed	5615
nine-tenths of one per cent of its tax valuation for the purpose	5616
of making such installations, modifications, or remodeling, but	5617
the total net indebtedness of the district without a vote of the	5618
electors incurred under this and all other sections of the Revised	5619
Code shall not exceed one per cent of the district's tax	5620
valuation.	5621

So long as any securities issued under division (G) of this	5622
section remain outstanding, the board of education shall monitor	5623
the energy consumption and resultant operational and maintenance	5624
costs of buildings in which installations or modifications have	5625
been made or remodeling has been done pursuant to division (G) of	5626
this section and shall maintain and annually update a report	5627
documenting the reductions in energy consumption and resultant	5628
operational and maintenance cost savings attributable to such	5629
installations, modifications, or remodeling. The report shall be	5630
certified by an architect or engineer independent of any person	5631
that provided goods or services to the board in connection with	5632
the energy conservation measures that are the subject of the	5633
report. The resultant operational and maintenance cost savings	5634
shall be certified by the school district treasurer. The report	5635
shall be made available to the commission upon request.	5636

(H) With the consent of the superintendent of public	5637
instruction, a school district may incur without a vote of the	5638
electors net indebtedness that exceeds the amounts stated in	5639
divisions (A) and (G) of this section for the purpose of paying	5640
costs of permanent improvements, if and to the extent that both of	5641
the following conditions are satisfied:	5642

(1) The fiscal officer of the school district estimates that	5643
receipts of the school district from payments made under or	5644
pursuant to agreements entered into pursuant to section 725.02,	5645
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	5646
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	5647
Code, or distributions under division (C) of section 5709.43 of	5648
the Revised Code, or any combination thereof, are, after	5649
accounting for any appropriate coverage requirements, sufficient	5650
in time and amount, and are committed by the proceedings, to pay	5651
the debt charges on the securities issued to evidence that	5652
indebtedness and payable from those receipts, and the taxing	5653
authority of the district confirms the fiscal officer's estimate,	5654
which confirmation is approved by the superintendent of public	5655
instruction;	5656

(2) The fiscal officer of the school district certifies, and	5657
the taxing authority of the district confirms, that the district,	5658
at the time of the certification and confirmation, reasonably	5659
expects to have sufficient revenue available for the purpose of	5660
operating such permanent improvements for their intended purpose	5661
upon acquisition or completion thereof, and the superintendent of	5662
public instruction approves the taxing authority's confirmation.	5663

The maximum maturity of securities issued under division (H)	5664
of this section shall be the lesser of twenty years or the maximum	5665
maturity calculated under section 133.20 of the Revised Code.	5666

(I) A school district may incur net indebtedness by the	5667
issuance of securities in accordance with the provisions of this	5668
chapter in excess of the limit specified in division (B) of this	5669
section when necessary to raise the school district portion of the	5670
basic project cost pursuant to Chapter 3318. of the Revised Code.	5671
The school facilities commission shall notify the superintendent	5672
of public instruction whenever a school district will exceed the	5673
nine per cent limit pursuant to this division.	5674

Sec. 133.07. (A) A county shall not incur, without a vote	5675
of the electors, either of the following:	5676

(1) Net indebtedness for all purposes that exceeds an amount	5677
equal to one per cent of its tax valuation;	5678

(2) Net indebtedness for the purpose of paying the county's	5679
share of the cost of the construction, improvement, maintenance,	5680
or repair of state highways that exceeds an amount equal to	5681
one-half of one per cent of its tax valuation.	5682

(B) A county shall not incur total net indebtedness that	5683
exceeds an amount equal to one of the following limitations that	5684
applies to the county:	5685

(1) A county with a valuation not exceeding one hundred	5686
million dollars, three per cent of that tax valuation;	5687

(2) A county with a tax valuation exceeding one hundred	5688
million dollars but not exceeding three hundred million dollars,	5689
three million dollars plus one and one-half per cent of that tax	5690
valuation in excess of one hundred million dollars;	5691

(3) A county with a tax valuation exceeding three hundred	5692
million dollars, six million dollars plus two and one-half per	5693
cent of that tax valuation in excess of three hundred million	5694
dollars.	5695

(C) In calculating the net indebtedness of a county, none of	5696
the following securities shall be considered:	5697

(1) Securities described in section 307.201 of the Revised	5698
Code;	5699

(2) Self-supporting securities issued for any purposes,	5700
including, but not limited to, any of the following general	5701
purposes:	5702

(a) Water systems or facilities;

5703

(b) Sanitary sewerage systems or facilities, or surface and	5704
storm water drainage and sewerage systems or facilities, or a	5705
combination of those systems or facilities;	5706

(c) County or joint county scrap tire collection, storage,	5707
monocell, monofill, or recovery facilities, or any combination of	5708
those facilities;	5709

(d) Off-street parking lots, facilities, or buildings, or	5710
on-street parking facilities, or any combination of off-street and	5711
on-street parking facilities;	5712

(e) Facilities for the care or treatment of the sick or	5713
infirm, and for housing the persons providing that care or	5714
treatment and their families;	5715

(f) Recreational, sports, convention, auditorium, museum,	5716
trade show, and other public attraction facilities;	5717

(g) Facilities for natural resources exploration,	5718
development, recovery, use, and sale;	5719

(h) Correctional and detention facilities and related	5720
rehabilitation facilities.	5721

(3) Securities issued for the purpose of purchasing,	5722
constructing, improving, or extending water or sanitary or surface	5723
and storm water sewerage systems or facilities, or a combination	5724
of those systems or facilities, to the extent that an agreement	5725
entered into with another subdivision requires the other	5726
subdivision to pay to the county amounts equivalent to debt	5727
charges on the securities;	5728

(4) Voted general obligation securities issued for the	5729
purpose of permanent improvements for sanitary sewerage or water	5730
systems or facilities to the extent that the total principal	5731
amount of voted securities outstanding for the purpose does not	5732
exceed an amount equal to two per cent of the county's tax	5733
valuation;	5734

(5) Securities issued for permanent improvements to house	5735
agencies, departments, boards, or commissions of the county or of	5736
any municipal corporation located, in whole or in part, in the	5737
county, to the extent that the revenues, other than revenues from	5738
unvoted county property taxes, derived from leases or other	5739
agreements between the county and those agencies, departments,	5740
boards, commissions, or municipal corporations relating to the use	5741
of the permanent improvements are sufficient to cover the cost of	5742
all operating expenses of the permanent improvements paid by the	5743
county and debt charges on the securities;	5744

(6) Securities issued pursuant to section 133.08 of the	5745
Revised Code;	5746

(7) Securities issued for the purpose of acquiring or	5747
constructing roads, highways, bridges, or viaducts, for the	5748
purpose of acquiring or making other highway permanent	5749
improvements, or for the purpose of procuring and maintaining	5750
computer systems for the office of the clerk of any	5751
county-operated municipal court, for the office of the clerk of	5752
the court of common pleas, or for the office of the clerk of the	5753
probate, juvenile, or domestic relations division of the court of	5754
common pleas to the extent that the legislation authorizing the	5755
issuance of the securities includes a covenant to appropriate from	5756
moneys distributed to the county pursuant to division (B) of	5757
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	5758
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	5759
sufficient amount to cover debt charges on and financing costs	5760
relating to the securities as they become due;	5761

(8) Securities issued for the purpose of acquiring,	5762
constructing, improving, and equipping a county, multicounty, or	5763
multicounty-municipal jail, workhouse, juvenile detention	5764
facility, or correctional facility;	5765

(9) Securities issued for the acquisition, construction,	5766
equipping, or repair of any permanent improvement or any class or	5767
group of permanent improvements enumerated in a resolution adopted	5768
pursuant to division (D) of section 5739.026 of the Revised Code	5769
to the extent that the legislation authorizing the issuance of the	5770
securities includes a covenant to appropriate from moneys received	5771
from the taxes authorized under section 5739.023 and division	5772
(A)(5) of section 5739.026 of the Revised Code an amount	5773
sufficient to pay debt charges on the securities and those moneys	5774
shall be pledged for that purpose;	5775

(10) Securities issued for county or joint county solid	5776
waste or hazardous waste collection, transfer, or disposal	5777
facilities, or resource recovery and solid or hazardous waste	5778
recycling facilities, or any combination of those facilities;	5779

(11) Securities issued for the acquisition, construction,	5780
and equipping of a port authority educational and cultural	5781
facility under section 307.671 of the Revised Code;	5782

(12) Securities issued for the acquisition, construction,	5783
equipping, and improving of a municipal educational and cultural	5784
facility under division (B)(1) of section 307.672 of the Revised	5785
Code;	5786

(13) Securities issued for energy conservation measures	5787
under section 307.041 of the Revised Code;	5788

(14) Securities issued for the acquisition, construction,	5789
equipping, improving, or repair of a sports facility, including	5790
obligations issued to pay costs of a sports facility under section	5791
307.673 of the Revised Code;	5792

(15) Securities issued under section 755.17 of the Revised	5793
Code if the legislation authorizing issuance of the securities	5794
includes a covenant to appropriate from revenue received from a	5795
tax authorized under division (A)(5) of section 5739.026 and	5796
section 5741.023 of the Revised Code an amount sufficient to pay	5797
debt charges on the securities, and the board of county	5798
commissioners pledges that revenue for that purpose, pursuant to	5799
section 755.171 of the Revised Code;	5800

(16) Sales tax supported bonds issued pursuant to section	5801
133.081 of the Revised Code for the purpose of acquiring,	5802
constructing, improving, or equipping any permanent improvement to	5803
the extent that the legislation authorizing the issuance of the	5804
sales tax supported bonds pledges county sales taxes to the	5805
payment of debt charges on the sales tax supported bonds and	5806
contains a covenant to appropriate from county sales taxes a	5807
sufficient amount to cover debt charges or the financing costs	5808
related to the sales tax supported bonds as they become due.;	5809

(17) Bonds or notes issued under section 133.60 of the	5810
Revised Code if the legislation authorizing issuance of the bonds	5811
or notes includes a covenant to appropriate from revenue received	5812
from a tax authorized under division (A)(9) of section 5739.026	5813
and section 5741.023 of the Revised Code an amount sufficient to	5814
pay the debt charges on the bonds or notes, and the board of	5815
county commissioners pledges that revenue for that purpose.;	5816

(18) Securities issued under section 3707.55 of the Revised	5817
Code for the acquisition of real property by a general health	5818
district;	5819

(19) Securities issued under division (A)(3) of section	5820
3313.37 of the Revised Code for the acquisition of real and	5821
personal property by an educational service center.	5822

(D) In calculating the net indebtedness of a county, no	5823
obligation incurred under division (D) of section 339.06 of the	5824
Revised Code shall be considered.	5825

Sec. 135.80. (A) The legislative authority of a municipal	5826
corporation, by ordinance, or the board of county commissioners,	5827
by resolution, may establish a linked deposit program authorizing	5828
the treasurer or governing board of the municipal corporation or	5829
the investing authority of the county as created or designated by	5830
the ordinance or resolution to place certificates of deposit at up	5831
to three per cent below market rates with an eligible lending	5832
institution applying for interim moneys as provided in section	5833
135.08 of the Revised Code or inactive moneys as provided in	5834
section 135.32 of the Revised Code, provided the institution	5835
agrees either to lend the value of such deposit to eligible	5836
borrowers at up to three per cent below the present borrowing rate	5837
applicable to each borrower, or to enter into an agreement with an	5838
eligible government, as defined in section 135.81 of the Revised	5839
Code, to provide that eligible government with a certificate of	5840
deposit, investment agreement, or other investment in the value of	5841
the linked deposit at an interest rate at up to three per cent	5842
above current market rates, as determined by the eligible	5843
government. The ordinance or resolution shall include such	5844
requirements and provisions as are necessary to establish the	5845
program, including, but not limited to:	5846

(1) Eligibility requirements for borrowers who may receive	5847
reduced rate loans under the program;	5848

(2) Application procedures for borrowers and institutions	5849
wishing to participate in the program;	5850

(3) Review procedures for applications and criteria for	5851
acceptance or rejection of applications for reduced rate loans;	5852

(4) Necessary agreements between the eligible institution	5853
and the treasurer or governing board of the municipal corporation	5854
or the investing authority of the county to carry out the purposes	5855
of the linked deposit program;	5856

(5) Annual reports regarding the operation of the program to	5857
be made by the treasurer or governing board to the legislative	5858
authority or the investing authority to the board of county	5859
commissioners.	5860

(B) The municipal corporation and the treasurer or governing	5861
board, and the county and the investing authority or the board of	5862
county commissioners, are not liable to any eligible lending	5863
institution in any manner for the payment of the principal or	5864
interest on any reduced rate loan made under the program, and any	5865
delay in payment or default on the part of any borrower does not	5866
in any manner affect the deposit agreement between the eligible	5867
lending institution and the treasurer or governing board or the	5868
investing authority or board of county commissioners.	5869

Sec. 135.81. As used in sections 135.81 to 135.88 of the	5870
Revised Code:	5871

(A) "Above-market investment" means a certificate of deposit,	5872
investment agreement, or other investment bearing an interest rate	5873
at up to three per cent above current market rates as determined	5874
and calculated by the treasurer of state.	5875

(B) "Community improvement corporation" means a corporation	5876
organized under Chapter 1724. of the Revised Code.	5877

~~(B)~~(C) "Depressed economic area linked deposit" means a	5878
certificate of deposit in any amount placed by the treasurer of	5879
state with an eligible lending institution at up to three per cent	5880
below current market rates as determined and calculated by the	5881
treasurer of state, provided the institution agrees either to lend	5882
the value of the deposit, according to the deposit agreement	5883
provided in division (C) of section 135.86 of the Revised Code to	5884
eligible businesses at up to three per cent below the present	5885
borrowing rate applicable to each specific business at the time of	5886
the deposit of state funds in the institution, or to enter into an	5887
agreement with an eligible government to provide that eligible	5888
government with an above-market investment in the value of the	5889
depressed economic area linked deposit.	5890

~~(C)~~(D) "Eligible business" means an eligible steel company	5891
or any person that possesses all of the following characteristics:	5892

(1) Maintains or, because of the depressed economic area	5893
linked deposit loan, will maintain offices and operating	5894
facilities in an eligible county in this state and transacts	5895
business in the county;	5896

(2) Is organized for profit.

5897

~~(D)~~(E) "Eligible county" means any county in this state with	5898
a rate of unemployment as determined by the director of job and	5899
family services that is at least one per cent higher than the	5900
statewide average rate of unemployment.	5901

~~(E)~~(F) "Eligible government" means the state or a county,	5902
municipal corporation, or other political subdivision of the state	5903
that has made or guaranteed a loan to a business that is an	5904
eligible steel company. For this purpose, the state or a county,	5905
municipal corporation, or other political subdivision shall be	5906
regarded as having guaranteed a loan to an eligible steel company	5907
if the state, county, municipal corporation, or other political	5908
subdivision has incurred a direct or contingent legal obligation	5909
to repay all or any portion of a loan made to an eligible steel	5910
company, any of the interest accrued on any such loan, or any	5911
amount owed to any person with respect to any letter of credit,	5912
guarantee, surety bond, insurance policy, or other form of credit	5913
facility or credit enhancement provided by that person with	5914
respect to any such loan.	5915

(G) "Eligible lending institution" means a financial	5916
institution that:	5917

(1) Is eligible to make commercial loans;

5918

(2) Is a public depository of state funds under section	5919
135.03 of the Revised Code;	5920

(3) Agrees to participate in the depressed economic area	5921
linked deposit program.	5922

~~(F)~~(H) "Eligible steel company" means a corporation or other	5923
person engaged within this state in the production and manufacture	5924
of a product defined by the American iron and steel institute as a	5925
basic steel mill product, including ingots, slab and billets,	5926
plates, flat-rolled steel, sections and structural products, bars,	5927
rail-type products, pipe and tube, and wire rod, or a company	5928
engaged in business in this state that would otherwise be treated	5929
under the Federal Steel Loan Act as a "qualified steel company,"	5930
provided that the corporation or other person is an "eligible	5931
borrower" under the Federal Steel Loan Act.	5932

(I) "Federal Steel Loan Act" means the federal "Emergency	5933
Steel Loan Guarantee Act of 1999," 113 Stat. 252, 15 U.S.C. 1841	5934
(note), as amended, and the regulations thereunder.	5935

(J) "Qualified agent" means a:

5936

(1) Community improvement corporation;

5937

(2) Corporation organized under Chapter 1702. of the Revised	5938
Code that the board of county commissioners of an eligible county	5939
determines meets the criteria established by the director of	5940
development pursuant to section 122.011 of the Revised Code.	5941

Sec. 135.82. (A) The general assembly finds that several	5942
areas in the state are experiencing economic stagnation or decline	5943
because business activity in those areas is at a level that is too	5944
low to sustain an adequate level of prosperity and a decent	5945
standard of living for area residents. A major factor	5946
contributing to the low level of business activity is the	5947
inability of businesses to obtain needed financing at reasonable	5948
interest rates so as to sustain their operations or to expand	5949
operations. The depressed economic area linked deposit program	5950
provided for in sections 135.81 to 135.88 of the Revised Code is	5951
intended to provide a targeted availability of lower cost funds	5952
for lending purposes that will materially contribute to the	5953
economic revitalization of depressed economic areas in this state	5954
to allow the residents of those areas to enjoy the same level of	5955
prosperity and well being that other residents of the state are	5956
able to enjoy. Accordingly, it is declared to be the public	5957
policy of the state through the depressed economic area linked	5958
deposit program to create an availability of lower cost funds to	5959
inject needed capital into the business community, sustain or	5960
improve business profitability, preserve existing employment and	5961
create new job opportunities, and thereby enhance the economic	5962
prosperity of the affected areas.	5963

(B) The general assembly finds and declares it to be the	5964
public policy of this state, consistent with the purposes of the	5965
steel futures program created under section 122.37 of the Revised	5966
Code, to assist steel companies operating in this state by	5967
expanding forms of assistance available under the depressed	5968
economic area linked deposit program provided for in sections	5969
135.81 to 135.88 of the Revised Code, as amended by the main	5970
operating appropriations act for the 2001-2003 biennium.	5971

(C) The depressed economic area linked deposit program	5972
authorized pursuant to sections 135.81 to 135.88 of the Revised	5973
Code is in addition to and separate from the linked deposit	5974
program authorized pursuant to sections 135.61 to 135.67 of the	5975
Revised Code and the agricultural linked deposit program	5976
authorized pursuant to sections 135.71 to 135.76 of the Revised	5977
Code.	5978

Sec. 135.83. (A) The treasurer of state may invest in	5979
depressed economic area linked deposits, provided that at the time	5980
of placement of the linked deposit, not more than three per cent	5981
of the state's total investment portfolio is so invested and, in	5982
the case of linked deposits with respect to which an above-market	5983
investment will be provided to an eligible government or a reduced	5984
rate loan will be made for the benefit of an eligible steel	5985
company, the amount of the linked deposit does not exceed the	5986
product of fifteen thousand dollars, multiplied by the number of	5987
employees, as of the time of placement of the linked deposit,	5988
whose employment was reasonably expected to be created or	5989
preserved as a result of the financial assistance provided under	5990
sections 135.81 to 135.88 of the Revised Code.	5991

(B) The amounts the treasurer is authorized to invest	5992
pursuant to division (A) of this section are in addition to the	5993
amounts the treasurer may invest pursuant to section 135.63 of the	5994
Revised Code.	5995

(C) The treasurer of state may not invest more than one	5996
million dollars in depressed economic area linked deposits per	5997
county in any two-year period, excluding deposits linked to	5998
above-market investments held by eligible governments.	5999

Sec. 135.84. (A) A board of county commissioners of an	6000
eligible county may authorize the county's participation in the	6001
depressed economic area linked deposit program established	6002
pursuant to sections 135.81 to 135.88 of the Revised Code. For	6003
that purpose, the board may:	6004

(1) Appoint a qualified agent to operate the program on	6005
behalf of the board;	6006

(2) Secure eligible lending institutions to participate in	6007
the program. The board shall make every effort to secure eligible	6008
lending institutions located within the county. If no eligible	6009
lending institution located within the county agrees to	6010
participate in the program, the board may secure the participation	6011
of the nearest available eligible lending institution.	6012

(3) Approve loan applications from eligible businesses prior	6013
to the transmittal of depressed economic area linked deposit loan	6014
to the treasurer of state;	6015

(4) Secure and encourage eligible businesses to make loan	6016
applications;	6017

(5) Employ staff, develop forms, and procedures as will	6018
effectuate the county's participation in the program;	6019

(6) Establish, with the approval of the treasurer of state,	6020
a service charge to cover the costs to the board of the county's	6021
participation in the depressed economic area linked deposit	6022
program;	6023

(7) Fix the amount of a loan that is eligible for a reduced	6024
rate based upon a depressed economic area linked deposit, which in	6025
no event, may exceed fifty per cent of the total loan.	6026

(B) If the treasurer of state determines that an eligible	6027
county ceases to be eligible to participate in the depressed	6028
economic area linked deposit program, the treasurer shall notify	6029
the board of county commissioners together with all affected	6030
eligible lending institutions and any qualified agent. Effective	6031
with the first day of the month following the month in which	6032
notification is given, the board shall suspend participation of	6033
the county in the program and shall not approve any further loan	6034
applications pursuant to the program, except that this division	6035
shall not be construed to affect the review and approval or denial	6036
of loan applications that are pending on the date the suspension	6037
takes effect nor the repayment or servicing of loans already made.	6038
If the county subsequently again becomes eligible to participate	6039
in the program, the board may, with the approval of the treasurer	6040
of state, commence operation of the program in the county the	6041
first day of the month following the month in which the treasurer	6042
of state grants approval.	6043

(C) The board of county commissioners may, with the approval	6044
of the treasurer of state, establish a service fee to be charged	6045
in connection with the application of an eligible business for	6046
that portion of a total loan which represents a depressed economic	6047
area linked deposit loan. The eligible business shall pay the	6048
service fee to the board. The board shall use the service fee	6049
solely to pay the costs incurred by the board or its qualified	6050
agent in effectuating the county's participation in the depressed	6051
economic area linked deposit program. The amount of the fee shall	6052
be no more than will recover to the county its costs and may not	6053
exceed an amount equal to one-half of one per cent of that portion	6054
of a loan that is based upon a depressed economic area linked	6055
deposit.	6056

(D) The board of county commissioners, in lieu of directly	6057
operating the depressed economic area linked deposit loan program	6058
for the county, may appoint a qualified agent upon terms as are	6059
agreed to between the board and the agent. Where the board	6060
appoints a community improvement corporation as its qualified	6061
agent pursuant to sections 135.81 to 135.88 of the Revised Code,	6062
the appointment does not constitute an appointment of the	6063
corporation as the county agent for the purposes of section	6064
1724.10 of the Revised Code, unless the board separately appoints	6065
the corporation pursuant to that section, nor does appointment of	6066
the corporation pursuant to section 1724.10 of the Revised Code	6067
constitute appointment of the corporation for the purposes of	6068
sections 135.81 to 135.88 of the Revised Code.	6069

(E) The board of county commissioners of any county that is	6070
an eligible government, and the legislative authority of any	6071
municipal corporation that is an eligible government, may	6072
authorize that eligible government to participate with the	6073
treasurer of state in the depressed economic area linked deposit	6074
program established pursuant to sections 135.81 to 135.88 of the	6075
Revised Code on such terms as may be agreed upon between the	6076
eligible government and the treasurer of state.	6077

Sec. 135.85. (A) An eligible business desiring to receive a	6078
loan from an eligible lending institution up to fifty per cent of	6079
which is a depressed economic area linked deposit reduced rate	6080
loan, shall make application to the institution upon such forms as	6081
the institution requires. The business shall certify on its loan	6082
application that the total loan will be used exclusively to	6083
preserve existing jobs or employment opportunities or create new	6084
jobs and will materially contribute to the preservation or	6085
expansion of the business. Whoever knowingly makes a false	6086
statement concerning such application is guilty of the offense of	6087
falsification under section 2921.13 of the Revised Code. In	6088
making its decision with respect to a loan application, the	6089
eligible lending institution shall apply all usual lending	6090
institution standards to determine the creditworthiness of each	6091
eligible business.	6092

(B) The eligible lending institution shall forward completed	6093
loan applications the institution approves to the board of county	6094
commissioners or the qualified agent of the board. The board or	6095
agent shall approve or disapprove the loan within fourteen working	6096
days from receipt of the application from the eligible lending	6097
institution. In considering which loan applications to approve,	6098
the board of county commissioners or its qualified agent shall	6099
give priority to the immediacy of a business's financial need for	6100
the loan, the economic needs of the area in which the business is	6101
located, the number of jobs to be created or preserved by the	6102
receipt of the loan, and such other factors as the board or the	6103
agent consider appropriate to determine the relative financial	6104
need of the eligible business and the county as a whole. The	6105
eligible lending institution also shall forward to the board of	6106
county commissioners or its qualified agent those loan	6107
applications it rejects together with a statement of the reason	6108
for the rejection.	6109

(C) The eligible lending institution shall forward to the	6110
treasurer of state a depressed economic area linked deposit	6111
package, based upon loans which the board of county commissioners	6112
or the qualified agent have approved, in the form and manner	6113
prescribed by the treasurer of state. The package shall include	6114
information regarding the amount of the loan requested by each	6115
eligible business and such other information regarding each	6116
business as the treasurer of state requires. The institution	6117
shall certify that each applicant is an eligible business, that	6118
the depressed economic area linked deposit for which the	6119
institution is making application represents no more than fifty	6120
per cent of the total loan for which the eligible business is	6121
applying, and shall, for each business, certify the present	6122
borrowing rate applicable to the depressed economic area linked	6123
deposit portion of the loan applicable to each specific eligible	6124
business.	6125

(D) An eligible lending institution and eligible government	6126
may forward to the treasurer of state, either separately or in	6127
conjunction with a depressed economic area linked deposit package,	6128
a proposal for the eligible lending institution to provide the	6129
eligible government with an above-market investment on such terms	6130
as may be agreed upon between the eligible lending institution and	6131
the eligible government.	6132

Sec. 135.86. (A) The treasurer of state may accept or	6133
reject a depressed economic area linked deposit loan or loan	6134
package, including a proposal for an above-market investment to be	6135
held by an eligible government, or any portion of a loan package	6136
based on the treasurer's evaluation of the eligible businesses or	6137
eligible governments included, the amount of individual loans	6138
involved, and the amount of the total package. The treasurer of	6139
state may consult with the director of development as the	6140
treasurer finds necessary in making the decision. The treasurer	6141
shall give priority to a business's or an eligible government's	6142
need for the loan, the economic needs of the area where the	6143
business or eligible government is located, and the ratio of state	6144
funds to be deposited with the eligible lending institution to the	6145
jobs sustained or created. The treasurer also shall consider any	6146
reports, statements, or plans applicable to the business or	6147
eligible government, the overall financial need of the business or	6148
eligible government, and such other factors as the treasurer	6149
considers appropriate. Whenever the department of development	6150
believes that the economic needs of a county or the state require	6151
the suspension or redirection of depressed economic area linked	6152
deposits with respect to a county or that a linked deposit loan	6153
will be improperly made, it may make such recommendations to the	6154
treasurer of state as the department considers appropriate to its	6155
concerns.	6156

(B) Upon acceptance of the depressed economic area loan	6157
package or any portion thereof, the treasurer of state may place	6158
certificates of deposit with the eligible lending institution at a	6159
rate of up to three per cent below current market rates as	6160
determined and calculated by the treasurer of state. When	6161
necessary, the treasurer may place certificates of deposit prior	6162
to acceptance of a depressed economic area linked deposit loan	6163
package.	6164

(C) The eligible lending institution shall enter into a	6165
depressed economic area linked deposit agreement with the	6166
treasurer of state which shall include requirements necessary to	6167
carry out the purposes of sections 135.81 to 135.88 of the Revised	6168
Code. The requirements shall include an agreement by the eligible	6169
lending institution either to lend the value of the depressed	6170
economic area linked deposit to eligible businesses at a rate of	6171
up to three per cent below the present borrowing rate applicable	6172
to each specific business in the loan package, or to enter into an	6173
agreement with an eligible government to provide that eligible	6174
government with an above-market investment in the value of the	6175
depressed economic area linked deposit. The requirements also	6176
shall reflect the market conditions prevailing in the eligible	6177
lending institution's lending area. The agreement may include a	6178
specification of the period of time in which the lending	6179
institution is to lend funds or to provide an above-market	6180
investment upon the placement of the linked deposit and shall	6181
include provisions for the certificates of deposit to be placed	6182
for any maturity considered appropriate by the treasurer of state,	6183
not to exceed two years. Certificates of deposit may be renewed	6184
for additional periods not to exceed two years at the option of	6185
the treasurer of state. Interest shall be paid at the times	6186
determined by the treasurer of state.	6187

(D) Notwithstanding any other provision of this chapter to	6188
the contrary, an above-market investment entered into by an	6189
eligible government with an eligible lending institution in	6190
compliance with the provisions of this chapter that refer	6191
expressly to above-market investments shall be a legal and	6192
authorized investment for the interim or inactive moneys of that	6193
government.	6194

(E) Eligible lending institutions shall comply fully with	6195
sections 135.81 to 135.88 of the Revised Code.	6196

Sec. 135.87. (A) Upon placement of a depressed economic	6197
area linked deposit with an eligible lending institution, the	6198
institution is required either to lend such funds to each approved	6199
eligible business listed in the depressed economic area linked	6200
deposit loan package required by division (C) of section 135.85 of	6201
the Revised Code, or to enter in above-market investments with	6202
eligible governments or eligible lending institutions in	6203
accordance with the terms of the proposal submitted to the	6204
treasurer of state under division (D) of section 135.85 of the	6205
Revised Code, in each case in accordance with the deposit	6206
agreement required by division (C) of section 135.86 of the	6207
Revised Code. The loan shall be at a rate that is up to three per	6208
cent below the present borrowing rate applicable to each business,	6209
and any above-market investment shall bear interest at a rate that	6210
is up to three per cent above current market rates as determined	6211
by the treasurer of state. A certificate of compliance with this	6212
section in the form and manner prescribed by the treasurer of	6213
state shall be required of the eligible lending institution.	6214

(B) The treasurer of state shall take any and all steps	6215
necessary to implement the depressed economic area linked deposit	6216
program, including the development of guidelines as necessary, and	6217
monitor compliance of eligible lending institutions ~~and~~, eligible	6218
businesses, and eligible governments. The treasurer of state and	6219
the department of development shall notify each other at least	6220
quarterly of the names of the eligible businesses and eligible	6221
governments receiving financial assistance from their respective	6222
programs.	6223

Annually, by the first day of February, the treasurer of	6224
state shall report on the depressed economic area linked deposit	6225
program for the preceding calendar year to the governor, the	6226
speaker of the house of representatives, the president of the	6227
senate, and to the ~~chairmen~~ chairpersons of the standing	6228
committees in each house that customarily consider economic	6229
development legislation. The report shall set forth the depressed	6230
economic area linked deposits made by the treasurer of state under	6231
the program during the prior calendar year and shall include	6232
information regarding the nature, terms, and amounts of the loans	6233
upon which the deposits were based and the eligible businesses and	6234
eligible governments to which ~~loans were made~~ financial assistance	6235
was provided.	6236

Sec. 140.01. As used in this chapter:

6237

(A) "Hospital agency" means any public hospital agency or any	6238
nonprofit hospital agency.	6239

(B) "Public hospital agency" means any county, board of	6240
county hospital trustees established pursuant to section 339.02 of	6241
the Revised Code, county hospital commission established pursuant	6242
to section 339.14 of the Revised Code, municipal corporation, new	6243
community authority organized under Chapter 349. of the Revised	6244
Code, joint township hospital district, state or municipal	6245
university or college operating or authorized to operate a	6246
hospital facility, or the state.	6247

(C) "Nonprofit hospital agency" means a corporation or	6248
association not for profit, no part of the net earnings of which	6249
inures or may lawfully inure to the benefit of any private	6250
shareholder or individual, that has authority to own or operate a	6251
hospital facility or provides or is to provide services to one or	6252
more other hospital agencies.	6253

(D) "Governing body" means, in the case of a county, the	6254
board of county commissioners or other legislative body; in the	6255
case of a board of county hospital trustees, the board; in the	6256
case of a county hospital commission, the commission; in the case	6257
of a municipal corporation, the council or other legislative	6258
authority; in the case of a new community authority, its board of	6259
trustees; in the case of a joint township hospital district, the	6260
joint township district hospital board; in the case of a state or	6261
municipal university or college, its board of trustees or board of	6262
directors; in the case of a nonprofit hospital agency, the board	6263
of trustees or other body having general management ~~thereof~~ of the	6264
agency; and, in the case of the state, the director of development	6265
or the Ohio higher educational facility commission.	6266

(E) "Hospital facilities" means buildings, structures and	6267
other improvements, additions thereto and extensions thereof,	6268
furnishings, equipment, and real estate and interests in real	6269
estate, used or to be used for or in connection with one or more	6270
hospitals, emergency, intensive, intermediate, extended,	6271
long-term, or self-care facilities, diagnostic and treatment and	6272
out-patient facilities, facilities related to programs for home	6273
health services, clinics, laboratories, public health centers,	6274
research facilities, and rehabilitation facilities, for or	6275
pertaining to diagnosis, treatment, care, or rehabilitation of	6276
sick, ill, injured, infirm, impaired, disabled, or handicapped	6277
persons, or the prevention, detection, and control of disease, and	6278
also includes education, training, and food service facilities for	6279
health professions personnel, housing facilities for such	6280
personnel and their families, and parking and service facilities	6281
in connection with any of the foregoing; and includes any one,	6282
part of, or any combination of the foregoing; and further includes	6283
site improvements, utilities, machinery, facilities, furnishings,	6284
and any separate or connected buildings, structures, improvements,	6285
sites, utilities, facilities, or equipment to be used in, or in	6286
connection with the operation or maintenance of, or supplementing	6287
or otherwise related to the services or facilities to be provided	6288
by, any one or more of such hospital facilities.	6289

(F) "Costs of hospital facilities" means the costs of	6290
acquiring or constructing hospital facilities, costs of improving	6291
one or more hospital facilities, including reconstructing,	6292
rehabilitating, remodeling, renovating, and enlarging, costs of	6293
equipping and furnishing such facilities, and all financing costs	6294
pertaining thereto, including, without limitation thereto, costs	6295
of engineering, architectural, and other professional services,	6296
designs, plans, specifications and surveys, and estimates of cost,	6297
costs of tests and inspections, the costs of any indemnity or	6298
surety bonds and premiums on insurance, all related direct or	6299
allocable administrative expenses pertaining thereto, fees and	6300
expenses of trustees, depositories, and paying agents for the	6301
obligations, cost of issuance of the obligations and financing	6302
charges and fees and expenses of financial advisors, attorneys,	6303
accountants, consultants and rating services in connection	6304
therewith, capitalized interest on the obligations, amounts	6305
necessary to establish reserves as required by the bond	6306
proceedings, the reimbursement of all moneys advanced or applied	6307
by the hospital agency or others or borrowed from others for the	6308
payment of any item or items of costs of such facilities, and all	6309
other expenses necessary or incident to planning or determining	6310
feasibility or practicability with respect to such facilities, and	6311
such other expenses as may be necessary or incident to the	6312
acquisition, construction, reconstruction, rehabilitation,	6313
remodeling, renovation, enlargement, improvement, equipment, and	6314
furnishing of such facilities, the financing thereof, and the	6315
placing of the same in use and operation, including any one, part	6316
of, or combination of such classes of costs and expenses, and	6317
means the costs of refinancing obligations issued by, or	6318
reimbursement of money advanced by, nonprofit hospital agencies or	6319
others the proceeds of which were used for the payment of costs of	6320
hospital facilities, if the governing body of the public hospital	6321
agency determines that the refinancing or reimbursement advances	6322
the purposes of this chapter, whether or not the refinancing or	6323
reimbursement is in conjunction with the acquisition or	6324
construction of additional hospital facilities.	6325

(G) "Hospital receipts" means all moneys received by or on	6326
behalf of a hospital agency from or in connection with the	6327
ownership, operation, acquisition, construction, improvement,	6328
equipping, or financing of any hospital facilities, including,	6329
without limitation thereto, any rentals and other moneys received	6330
from the lease, sale, or other disposition of hospital facilities,	6331
and any gifts, grants, interest subsidies, or other moneys	6332
received under any federal program for assistance in financing the	6333
costs of hospital facilities, and any other gifts, grants, and	6334
donations, and receipts therefrom, available for financing the	6335
costs of hospital facilities.	6336

(H) "Obligations" means bonds, notes, or other evidences of	6337
indebtedness or obligation, including interest coupons pertaining	6338
thereto, issued or issuable by a public hospital agency to pay	6339
costs of hospital facilities.	6340

(I) "Bond service charges" means principal, interest, and	6341
call premium, if any, required to be paid on obligations.	6342

(J) "Bond proceedings" means one or more ordinances,	6343
resolutions, trust agreements, indentures, and other agreements or	6344
documents, and amendments and supplements to the foregoing, or any	6345
combination thereof, authorizing or providing for the terms,	6346
including any variable interest rates, and conditions applicable	6347
to, or providing for the security of, obligations and the	6348
provisions contained in such obligations.	6349

(K) "Nursing home" has the same meaning as in division (A)(1)	6350
of section 5701.13 of the Revised Code.	6351

(L) "Residential care facility" has the same meaning as in	6352
division (A)(2) of section 5701.13 of the Revised Code.	6353

(M) "Adult care facility" has the same meaning as in division	6354
(A)(3) of section 5701.13 of the Revised Code.	6355

(N) "Independent living facility" means any self-care	6356
facility or other housing facility designed or used as a residence	6357
for elderly persons. An "independent living facility" does not	6358
include a residential facility, or that part of a residential	6359
facility, that is any of the following:	6360

(1) A hospital required to be certified by section 3727.02	6361
of the Revised Code;	6362

(2) A nursing home or residential care facility;

6363

(3) An adult care facility;

6364

(4) A hospice licensed under section 3712.04 of the Revised	6365
Code;	6366

(5) A habilitation center as defined in section 5123.041 of	6367
the Revised Code;	6368

(6) A residential facility for the mentally ill licensed by	6369
the department of mental health under section 5119.22 of the	6370
Revised Code;	6371

(7) A facility licensed to provide methadone treatment under	6372
section 3793.11 of the Revised Code;	6373

(8) A facility certified as an alcohol and drug addiction	6374
program under section 3793.06 of the Revised Code;	6375

(9) A residential facility licensed under section 5123.19 of	6376
the Revised Code or a facility providing services under a contract	6377
with the department of mental retardation and developmental	6378
disabilities under section 5123.18 of the Revised Code;	6379

(10) A residential facility used as part of a hospital to	6380
provide housing for staff of the hospital or students pursuing a	6381
course of study at the hospital.	6382

Sec. 147.01. (A) The ~~governor~~ secretary of state may	6383
appoint and commission as notaries public as many persons who meet	6384
the qualifications of division (B) of this section as he the	6385
secretary of state considers necessary.	6386

(B) In order for a person to qualify to be appointed and	6387
commissioned as a notary public, the person must satisfy both of	6388
the following:	6389

(1) The person has attained the age of eighteen years.

6390

(2) One of the following applies:

6391

(a) The person is a citizen of this state who is not an	6392
attorney admitted to the practice of law.	6393

(b) The person is a citizen of this state who is an attorney	6394
admitted to the practice of law in this state by the Ohio supreme	6395
court.	6396

(c) The person is not a citizen of this state, is an	6397
attorney admitted to the practice of law in this state by the Ohio	6398
supreme court, and has ~~his~~ the person's principal place of	6399
business or ~~his~~ the person's primary practice in this state.	6400

(C) A notary public shall be appointed and commissioned as a	6401
notary public for the state. The ~~governor~~ secretary of state may	6402
revoke a commission issued to a notary public upon presentation of	6403
satisfactory evidence of official misconduct or incapacity.	6404

Sec. 147.02. (A) Before the appointment of a notary public	6405
is made, the applicant shall produce to the ~~governor~~ secretary of	6406
state a signed oath of office as a notary public and a certificate	6407
from a judge or justice of the court of common pleas, court of	6408
appeals, or supreme court that contains the following:	6409

(1) A statement that the applicant is of good moral	6410
character;	6411

(2) If the applicant is not an attorney admitted to the	6412
practice of law in this state by the Ohio supreme court, a	6413
statement that he the applicant is a citizen of the county in	6414
which he the applicant resides;	6415

(3) If the applicant is an attorney admitted to the practice	6416
of law in this state by the Ohio supreme court, a statement that	6417
he the applicant is possessed of sufficient qualifications and	6418
ability to discharge the duties of the office of notary public.	6419

(B) No judge or justice shall issue a certificate required	6420
by division (A) of this section until he the judge or justice is	6421
satisfied from ~~his~~ personal knowledge that the applicant possesses	6422
the qualifications necessary to a proper discharge of the duties	6423
of the office or until the applicant has passed an examination	6424
under any rules that the judge or justice may prescribe.	6425

(C) If the applicant is a citizen of this state who is an	6426
attorney admitted to the practice of law in this state by the Ohio	6427
supreme court, the judge or justice also shall certify this fact	6428
in the certification required by division (A) of this section.	6429

(D) If the applicant is not a citizen of this state but is	6430
an attorney who is admitted to the practice of law in this state	6431
by the Ohio supreme court and whose principal place of business or	6432
primary practice is in this state, the judge or justice also shall	6433
certify these facts in the certification required by division (A)	6434
of this section.	6435

(E) For the purposes of sections 147.03, 147.04, 147.05, and	6436
147.13 of the Revised Code, the county in which an attorney who is	6437
not a citizen of this state and who is a notary public has ~~his~~ the	6438
attorney's principal place of business or ~~his~~ the attorney's	6439
primary practice shall be deemed the county in which he the	6440
attorney resides.	6441

Sec. 147.03. Each notary public, except an attorney admitted	6442
to the practice of law in this state by the Ohio supreme court,	6443
shall hold ~~his~~ office for the term of five years unless the	6444
commission is revoked. ~~Before entering upon the duties of his~~	6445
~~office, he shall take and subscribe an oath to be endorsed on his~~	6446
~~commission.~~ An	6447

An attorney admitted to the practice of law in this state by	6448
the Ohio supreme court shall hold ~~his~~ office as a notary public as	6449
long as he the attorney is a resident of this state or has ~~his~~ the	6450
attorney's principal place of business or primary practice in this	6451
state, he the attorney is in good standing before the Ohio supreme	6452
court, and the commission is not revoked. Before entering upon	6453
the duties of ~~his~~ office, he a notary public shall ~~deposit with~~	6454
~~the secretary of state the certificate provided for in section~~	6455
~~147.02 of the Revised Code and shall~~ take and subscribe an oath to	6456
be endorsed on ~~his~~ the notary public's commission.	6457

A notary public who violates the oath of office required by	6458
this section shall be removed from office by the court of common	6459
pleas of the county in which he the notary public resides, upon	6460
complaint filed and substantiated in the court, and the court,	6461
upon removing a notary public from office, shall certify the	6462
removal to the ~~governor~~ secretary of state. The person so removed	6463
shall be ineligible for reappointment to the office of notary	6464
public.	6465

~~Each person holding office as a notary public on October 24,~~	6466
~~1961, shall continue in that office until the expiration of his~~	6467
~~term, and, after the expiration of that office, he shall hold~~	6468
~~office pursuant to this section.~~	6469

Sec. 147.05. ~~Before entering upon the duties of his office,~~	6470
~~a notary public shall leave his commission with the oath indorsed~~	6471
~~on the commission with the clerk of the court of common pleas of~~	6472
~~the county in which he resides. The commission shall be recorded~~	6473
~~by the clerk in a book kept for that purpose.~~ The ~~clerk~~ secretary	6474
of state shall ~~indorse on the margin of the record and on the back~~	6475
~~of the commission the time he received it for~~ record the	6476
commission of each notary public appointed and commissioned under	6477
this chapter by the secretary of state and make a proper index to	6478
all commissions so recorded ~~by him~~. For recording and indexing	6479
~~the~~ a commission, the fee of the ~~clerk~~ secretary of state shall be	6480
~~as provided for in division (R) of section 2303.20 of the Revised~~	6481
~~Code~~ ten dollars.	6482

The governor's office shall transfer to the secretary of	6483
state's office, on or after the effective date of this amendment,	6484
the record of notaries public formerly kept by the governor's	6485
office under section 107.10 of the Revised Code. The secretary of	6486
state's office shall maintain that record together with the record	6487
and index of commissions of notaries public required by this	6488
section.	6489

Sec. 147.06. Upon application, the ~~clerk of the court of~~	6490
~~common pleas~~ secretary of state shall make a certified copy of a	6491
notary public commission and the indorsements ~~thereon~~ on the	6492
commission, under the seal of the ~~court, which~~ secretary of state.	6493
The certified copy shall be prima-facie evidence of the matters	6494
and facts ~~therein~~ contained in it. For each certified copy of a	6495
notary public commission, the ~~clerk~~ secretary of state shall be	6496
entitled to receive a fee of two dollars.	6497

Sec. 147.13. A notary public who charges or receives for an	6498
act or service done or rendered by ~~him~~ the notary public a fee	6499
greater than the amount prescribed by law, or who dishonestly or	6500
unfaithfully discharges any ~~of his~~ official duties as notary	6501
public, shall be removed from ~~his~~ office by the court of common	6502
pleas of the county in which he the notary public resides, upon	6503
complaint filed and substantiated in ~~such~~ the court~~, and the~~. The	6504
court shall ~~thereupon~~ certify ~~such~~ the removal to the ~~governor~~	6505
secretary of state. The person so removed shall be ineligible for	6506
reappointment to the office of notary public.	6507

Sec. 147.14. No notary public shall certify to the affidavit	6508
of a person without administering the appropriate oath or	6509
affirmation to ~~such~~ the person. A notary public who violates this	6510
section shall be removed from office by the court of common pleas	6511
of the county in which ~~the~~ a conviction ~~was~~ for a violation of	6512
this section is had. The court shall ~~thereupon~~ certify ~~such~~ the	6513
removal to the ~~governor~~ secretary of state. The person so removed	6514
shall be ineligible to reappointment for a period of three years.	6515

Sec. 147.37. Each person receiving a commission as notary	6516
public, except an attorney admitted to the practice of law in this	6517
state by the Ohio supreme court, shall pay a fee of five dollars	6518
to the secretary of state. Each person receiving a commission as	6519
a notary public who is an attorney admitted to the practice of law	6520
in this state by the Ohio supreme court shall pay a fee of ten	6521
dollars to the secretary of state.	6522

Sec. 147.371. Upon receipt of a fee of two dollars and an	6523
affidavit that the original commission of a notary public has been	6524
lost or destroyed, a duplicate commission as notary public shall	6525
be issued by the ~~governor~~ secretary of state.	6526

Sec. 151.04. This section applies to obligations as defined	6527
in this section.	6528

(A) As used in this section:

6529

(1) "Costs of capital facilities" include related direct	6530
administrative expenses and allocable portions of direct costs of	6531
the using institution.	6532

(2) "Obligations" means obligations as defined in section	6533
~~154.30~~ 151.01 of the Revised Code issued to pay costs of capital	6534
facilities for state-supported or state-assisted institutions of	6535
higher education.	6536

(3) "State-supported or state-assisted institutions of	6537
higher education" means a state university or college, or	6538
community college district, technical college district, university	6539
branch district, or state community college, or other institution	6540
for education, including technical education, beyond the high	6541
school, receiving state support or assistance for its expenses of	6542
operation. "State university or college" means each of the state	6543
universities identified in section 3345.011 of the Revised Code,	6544
the northeastern Ohio universities college of medicine, and the	6545
medical college of Ohio at Toledo.	6546

(4) "Using institution" means the state-supported or	6547
state-assisted institution of higher education, or two or more	6548
institutions acting jointly, that are the ultimate users of	6549
capital facilities for state-supported and state-assisted	6550
institutions of higher education financed with net proceeds of	6551
obligations.	6552

(B) The issuing authority shall issue obligations to pay	6553
costs of capital facilities for state-supported and state-assisted	6554
institutions of higher education pursuant to Section 2n of Article	6555
VIII, Ohio Constitution, section 151.01 of the Revised Code, and	6556
this section.	6557

(C) Net proceeds of obligations shall be deposited into the	6558
higher education improvement fund created by division (F) of	6559
section 154.21 of the Revised Code.	6560

(D) There is hereby created in the state treasury the	6561
"higher education capital facilities bond service fund." All	6562
moneys received by the state and required by the bond proceedings,	6563
consistent with sections 151.01 and 151.04 of the Revised Code, to	6564
be deposited, transferred, or credited to the bond service fund,	6565
and all other moneys transferred or allocated to or received for	6566
the purposes of that fund, shall be deposited and credited to the	6567
bond service fund, subject to any applicable provisions of the	6568
bond proceedings but without necessity for any act of	6569
appropriation. During the period beginning with the date of the	6570
first issuance of obligations and continuing during the time that	6571
any obligations are outstanding in accordance with their terms, so	6572
long as moneys in the bond service fund are insufficient to pay	6573
debt service when due on those obligations payable from that fund	6574
(except the principal amounts of bond anticipation notes payable	6575
from the proceeds of renewal notes or bonds anticipated) and due	6576
in the particular fiscal year, a sufficient amount of revenues of	6577
the state is committed and, without necessity for further act of	6578
appropriation, shall be paid to the bond service fund for the	6579
purpose of paying that debt service when due.	6580

Sec. 166.03. (A) There is hereby created the facilities	6581
establishment fund within the state treasury, consisting of	6582
proceeds from the issuance of obligations as specified under	6583
section 166.08 of the Revised Code; the moneys received by the	6584
state from the sources specified in section 166.09 of the Revised	6585
Code; service charges imposed under sections 166.06 and 166.07 of	6586
the Revised Code; any grants, gifts, or contributions of moneys	6587
received by the director of development to be used for loans made	6588
under section 166.07 of the Revised Code or for the payment of the	6589
allowable costs of project facilities; and all other moneys	6590
appropriated or transferred to the fund. Moneys in the loan	6591
guarantee fund in excess of four per cent of the unpaid principal	6592
amount of loan repayments guaranteed under section 166.06 of the	6593
Revised Code, but subject to the provisions and requirements of	6594
any guarantee contracts, may be transferred to the facilities	6595
establishment fund by the treasurer of state upon the order of the	6596
director of development. Moneys received by the state under	6597
Chapter 122. of the Revised Code, to the extent allocable to the	6598
utilization of moneys derived from proceeds of the sale of	6599
obligations pursuant to section 166.08 of the Revised Code, shall	6600
be credited to the facilities establishment fund.	6601

(B) All moneys appropriated or transferred to the facilities	6602
establishment fund may be released at the request of the director	6603
of development for payment of allowable costs or the making of	6604
loans under this chapter, for transfer to the loan guarantee fund	6605
established in section 166.06 of the Revised Code, or for use for	6606
the purpose of or transfer to the funds established by sections	6607
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, 122.601,	6608
and 122.80 of the Revised Code and, until July 1, ~~2001~~ 2003, the	6609
funds established by sections 122.26 and 166.031 of the Revised	6610
Code, but only for such of those purposes as are within the	6611
authorization of Section 13 of Article VIII, Ohio Constitution, in	6612
all cases subject to the approval of the controlling board.	6613

(C) The department of development, in the administration of	6614
the facilities establishment fund, is encouraged to utilize and	6615
promote the utilization of, to the maximum practicable extent, the	6616
other existing programs, business incentives, and tax incentives	6617
that department is required or authorized to administer or	6618
supervise.	6619

Sec. 169.01. As used in this chapter, unless the context	6620
otherwise requires:	6621

(A) "Financial organization" means any bank, trust company,	6622
savings bank, safe deposit company, mutual savings bank without	6623
mutual stock, savings and loan association, credit union, or	6624
investment company.	6625

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	6626
or intangible property, described in section 169.02 of the Revised	6627
Code, when, as shown by the records of the holder, the owner has	6628
not, within the times provided in section 169.02 of the Revised	6629
Code, done any of the following:	6630

(a) Increased, decreased, or adjusted the amount of such	6631
funds;	6632

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

6633

(c) Presented an appropriate record for the crediting of	6634
such funds or received payment of such funds by check, draft, or	6635
otherwise;	6636

(d) Corresponded with the holder concerning such funds;

6637

(e) Otherwise indicated an interest in or knowledge of such	6638
funds;	6639

(f) Transacted business with the holder.

6640

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

6641

(a) Money received or collected under section 9.39 of the	6642
Revised Code;	6643

(b) Any payment or credit due to a business association from	6644
a business association representing sums payable to suppliers, or	6645
payment for services rendered, in the course of business,	6646
including, but not limited to, checks or memoranda, overpayments,	6647
unidentified remittances, nonrefunded overcharges, discounts,	6648
refunds, and rebates;	6649

(c) Any payment or credit received by a business association	6650
from a business association for tangible goods sold, or services	6651
performed, in the course of business, including, but not limited	6652
to, checks or memoranda, overpayments, unidentified remittances,	6653
nonrefunded overcharges, discounts, refunds, and rebates;	6654

(d) Any credit due a retail customer that is represented by a	6655
gift certificate, gift card, merchandise credit, or merchandise	6656
credit card, redeemable only for merchandise.	6657

For purposes of divisions (B)(2)(b) and (c) of this section,	6658
"business association" means any corporation, joint venture,	6659
business trust, limited liability company, partnership,	6660
association, or other business entity composed of one or more	6661
individuals, whether or not the entity is for profit.	6662

(C) "Owner" means any person, or the person's legal	6663
representative, entitled to receive or having a legal or equitable	6664
interest in or claim against moneys, rights to moneys, or other	6665
intangible property, subject to this chapter.	6666

(D)(1) "Holder" means any person that has possession,	6667
custody, or control of moneys, rights to moneys, or other	6668
intangible property, or that is indebted to another, if any of the	6669
following applies:	6670

(a) Such person resides in this state;

6671

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

6672

(c) Such person is formed under the laws of the United	6673
States and has an office or principal place of business in this	6674
state;	6675

(d) The records of such person indicate that the last known	6676
address of the owner of such moneys, rights to moneys, or other	6677
intangible property is in this state;	6678

(e) The records of such person do not indicate the last	6679
known address of the owner of the moneys, rights to moneys, or	6680
other intangible property and the entity originating or issuing	6681
the moneys, rights to moneys, or other intangible property is this	6682
state or any political subdivision of this state, or is	6683
incorporated, organized, created, or otherwise located in this	6684
state. Division (D)(1)(e) of this section applies to all moneys,	6685
rights to moneys, or other intangible property that is in the	6686
possession, custody, or control of such person on or after July	6687
22, 1994, whether the moneys, rights to moneys, or other	6688
intangible property becomes unclaimed funds prior to or on or	6689
after ~~such~~ that date.	6690

(2) "Holder" does not mean any hospital granted tax-exempt	6691
status under section 501(c)(3) of the Internal Revenue Code or any	6692
hospital owned or operated by the state or by any political	6693
subdivision. Any entity in order to be exempt from the definition	6694
of "holder" pursuant to this division shall make a reasonable,	6695
good-faith effort to contact the owner of the unclaimed funds.	6696

(E) "Person" includes a natural person; corporation, whether	6697
for profit or not for profit; copartnership; unincorporated	6698
association or organization; public authority; estate; trust; two	6699
or more persons having a joint or common interest; eleemosynary	6700
organization; fraternal or cooperative association; other legal or	6701
community entity; the United States government, including any	6702
district, territory, possession, officer, agency, department,	6703
authority, instrumentality, board, bureau, or court; or any state	6704
or political subdivision thereof, including any officer, agency,	6705
board, bureau, commission, division, department, authority, court,	6706
or instrumentality.	6707

(F) "Mortgage funds" means the mortgage insurance fund	6708
created by section 122.561 of the Revised Code, and the housing	6709
guarantee fund created by division (D) of section 128.11 of the	6710
Revised Code.	6711

(G) "Lawful claims" means any vested right a holder of	6712
unclaimed funds has against the owner of such unclaimed funds.	6713

(H) "Public utility" means any entity defined as such by	6714
division (A) of section 745.01 or by section 4905.02 of the	6715
Revised Code.	6716

(I) "Deposit" means to place money in the custody of a	6717
financial organization for the purpose of establishing an	6718
income-bearing account by purchase or otherwise.	6719

(J) "Income-bearing account" means a time or savings	6720
account, whether or not evidenced by a certificate of deposit, or	6721
an investment account through which investments are made solely in	6722
obligations of the United States or its agencies or	6723
instrumentalities or guaranteed as to principal and interest by	6724
the United States or its agencies or instrumentalities, debt	6725
securities rated as investment grade by at least two nationally	6726
recognized rating services, debt securities which the director of	6727
commerce has determined to have been issued for the safety and	6728
welfare of the residents of this state, and equity interests in	6729
mutual funds that invest solely in some or all of the above-listed	6730
securities and involve no general liability, without regard to	6731
whether income earned on such accounts, securities, or interests	6732
is paid periodically or at the end of a term.	6733

Sec. 173.35. (A) As used in this section, "PASSPORT	6734
administrative agency" means an entity under contract with the	6735
department of aging to provide administrative services regarding	6736
the PASSPORT program created under section 173.40 of the Revised	6737
Code.	6738

(B) The department of aging shall administer the residential	6739
state supplement program under which the state supplements the	6740
supplemental security income payments received by aged, blind, or	6741
disabled adults under Title XVI of the "Social Security Act," 49	6742
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	6743
supplement payments shall be used for the provision of	6744
accommodations, supervision, and personal care services to	6745
supplemental security income recipients who the department	6746
determines are at risk of needing institutional care.	6747

(C) For an individual to be eligible for residential state	6748
supplement payments, all of the following must be the case:	6749

(1) Except as provided by division (G) of this section, the	6750
individual must reside in one of the following:	6751

(a) An adult foster home certified under section 173.36 of	6752
the Revised Code;	6753

(b) A home or facility, other than a nursing home or nursing	6754
home unit of a home for the aging, licensed by the department of	6755
health under Chapter 3721. or 3722. of the Revised Code;	6756

(c) A community alternative home licensed under section	6757
3724.03 of the Revised Code;	6758

(d) A residential facility as defined in division	6759
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	6760
the department of mental health;	6761

(e) An apartment or room used to provide community mental	6762
health housing services certified by the department of mental	6763
health under ~~division (M) of~~ section ~~5119.61~~ 5119.611 of the	6764
Revised Code and approved by a board of alcohol, drug addiction,	6765
and mental health services under division (A)~~(13)~~(14) of section	6766
340.03 of the Revised Code.	6767

(2) Effective July 1, 2000, a PASSPORT administrative agency	6768
must have determined that the environment in which the individual	6769
will be living while receiving the payments is appropriate for the	6770
individual's needs. If the individual is eligible for	6771
supplemental security income payments or social security	6772
disability insurance benefits because of a mental disability, the	6773
PASSPORT administrative agency shall refer the individual to a	6774
community mental health agency for the community mental health	6775
agency to issue in accordance with section 340.091 of the Revised	6776
Code a recommendation on whether the PASSPORT administrative	6777
agency should determine that the environment in which the	6778
individual will be living while receiving the payments is	6779
appropriate for the individual's needs. Division (C)(2) of this	6780
section does not apply to an individual receiving residential	6781
state supplement payments on June 30, 2000, until the individual's	6782
first eligibility redetermination after that date.	6783

(3) The individual satisfies all eligibility requirements	6784
established by rules adopted under division (D) of this section.	6785

(D) The directors of aging and job and family services shall	6786
adopt rules in accordance with section 111.15 of the Revised Code	6787
as necessary to implement the residential state supplement	6788
program.	6789

To the extent permitted by Title XVI of the "Social Security	6790
Act," and any other provision of federal law, the director of job	6791
and family services shall adopt rules establishing standards for	6792
adjusting the eligibility requirements concerning the level of	6793
impairment a person must have so that the amount appropriated for	6794
the program by the general assembly is adequate for the number of	6795
eligible individuals. The rules shall not limit the eligibility	6796
of disabled persons solely on a basis classifying disabilities as	6797
physical or mental. The director of job and family services also	6798
shall adopt rules that establish eligibility standards for aged,	6799
blind, or disabled individuals who reside in one of the homes or	6800
facilities specified in division (C)(1) of this section but who,	6801
because of their income, do not receive supplemental security	6802
income payments. The rules may provide that these individuals may	6803
include individuals who receive other types of benefits,	6804
including, social security disability insurance benefits provided	6805
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	6806
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	6807
section, such payments may be made if funds are available for	6808
them.	6809

The director of aging shall adopt rules establishing the	6810
method to be used to determine the amount an eligible individual	6811
will receive under the program. The amount the general assembly	6812
appropriates for the program shall be a factor included in the	6813
method that department establishes.	6814

(E) The county department of job and family services of the	6815
county in which an applicant for the residential state supplement	6816
program resides shall determine whether the applicant meets income	6817
and resource requirements for the program.	6818

(F) The department of aging shall maintain a waiting list of	6819
any individuals eligible for payments under this section but not	6820
receiving them because moneys appropriated to the department for	6821
the purposes of this section are insufficient to make payments to	6822
all eligible individuals. An individual may apply to be placed on	6823
the waiting list even though the individual does not reside in one	6824
of the homes or facilities specified in division (C)(1) of this	6825
section at the time of application. The director of aging, by	6826
rules adopted in accordance with Chapter 119. of the Revised Code,	6827
shall specify procedures and requirements for placing an	6828
individual on the waiting list. Individuals on the waiting list	6829
who reside in a community setting not required to be licensed or	6830
certified shall have their eligibility for the payments assessed	6831
before other individuals on the waiting list.	6832

(G) An individual in a licensed or certified living	6833
arrangement receiving state supplementation on November 15, 1990,	6834
under former section 5101.531 of the Revised Code shall not become	6835
ineligible for payments under this section solely by reason of the	6836
individual's living arrangement as long as the individual remains	6837
in the living arrangement in which the individual resided on	6838
November 15, 1990.	6839

(H) The department of aging shall notify each person denied	6840
approval for payments under this section of the person's right to	6841
a hearing. On request, the hearing shall be provided by the	6842
department of job and family services in accordance with section	6843
5101.35 of the Revised Code.	6844

Sec. 173.40. There is hereby created a component of the	6845
medicaid program established under Chapter 5111. of the Revised	6846
Code to be known as the preadmission screening system providing	6847
options and resources today program, or PASSPORT. ~~Through the~~	6848
~~medical assistance program established under Chapter 5111. of the~~	6849
~~Revised Code, the~~ The PASSPORT program shall provide home and	6850
community-based services as an alternative to nursing facility	6851
placement for aged and disabled ~~persons~~ medicaid recipients. The	6852
program shall be operated pursuant to a home and community-based	6853
waiver granted by the United States secretary of health and human	6854
services under section 1915 of the "Social Security Act," 49 Stat.	6855
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	6856
shall administer the program~~. The department of aging shall enter~~	6857
~~into~~ through an interagency agreement entered into with the	6858
department of job and family services ~~regarding services provided~~	6859
~~under the program to recipients of medical assistance under~~	6860
~~Chapter 5111.~~ under section 5111.86 of the Revised Code. The	6861
directors of aging and job and family services shall adopt rules	6862
in accordance with Chapter 119. of the Revised Code to implement	6863
the program.	6864

Sec. 173.46. The department of aging shall develop and	6865
publish a guide to nursing facilities in this state for use by	6866
individuals considering nursing facility placement and their	6867
families, friends, and advisors. The guide shall be titled the	6868
Ohio long-term care consumer guide.	6869

The consumer guide shall be published in computerized form	6870
for distribution over the internet. The guide shall be made	6871
available not later than ~~fourteen months after the effective date~~	6872
~~of this section~~ March 1, 2002, and shall be updated in accordance	6873
with section 173.52 of the Revised Code.	6874

Every two years, the department shall publish an executive	6875
summary of the consumer guide, and shall make the executive	6876
summary available in both computerized and printed forms.	6877

Sec. 173.47. The department of aging may contract with any	6878
person or government entity to perform any function related to the	6879
publication of the Ohio long-term care consumer guide or the	6880
collection and preparation of data and other material for the	6881
guide, except that the department shall contract to have the	6882
customer satisfaction surveys conducted under section 173.54 of	6883
the Revised Code. ~~In awarding the contract to have the surveys~~	6884
~~conducted~~ To the extent possible, the department shall contract	6885
with a person or government entity that has experience in	6886
surveying the customer satisfaction of nursing facility residents	6887
and their families. The department's contract shall permit the	6888
person or government entity to subcontract with other persons or	6889
government entities for purposes of conducting all or part of the	6890
surveys.	6891

Sec. 175.03. (A)(1) The Ohio housing finance agency shall	6892
consist of ~~nine~~ eleven members. ~~Seven~~ Nine of the members shall be	6893
appointed by the governor with the advice and consent of the	6894
senate. The director of commerce and the director of development,	6895
or their respective designees, shall also be voting members of the	6896
agency. Of the ~~seven~~ nine appointed members, at least one shall	6897
have experience in residential housing construction; at least one	6898
shall have experience in residential housing mortgage lending,	6899
loan servicing, or brokering; at least one shall have experience	6900
in the licensed residential housing brokerage business; at least	6901
one shall have experience with the housing needs of senior	6902
citizens; at least one shall be from a background in labor	6903
representation in the construction industry; at least one shall	6904
represent the interests of nonprofit multifamily housing	6905
development organizations; at least one shall represent the	6906
interests of for-profit multifamily housing development	6907
corporations; and two shall be public members. No more than ~~five~~	6908
six of the appointed members of the agency shall be of the same	6909
political party. ~~Of the initial appointments made to the agency,~~	6910
~~two shall be for a term ending on January 31, 1984, two shall be~~	6911
~~for a term ending on January 31, 1985, one shall be for a term~~	6912
~~ending on January 31, 1986, one shall be for a term ending on~~	6913
~~January 31, 1987, and one shall be for a term ending on January~~	6914
~~31, 1988, the term for each member to be designated by the~~	6915
~~governor~~ Of the appointments made to the agency for the eighth and	6916
ninth appointed members in accordance with this amendment, one	6917
shall be for a term ending on January 31, 2005, and one shall be	6918
for a term ending on January 31, 2006. Thereafter, each appointed	6919
member shall serve for a term ending on the thirty-first day of	6920
January which is six years following the date of termination of	6921
the term which it succeeds. Each member shall hold office from	6922
the date of the member's appointment until the end of the term for	6923
which the member was appointed. Any member appointed to fill a	6924
vacancy occurring prior to the expiration of the term for which	6925
the member's predecessor was appointed shall hold office for the	6926
remainder of such term. Any appointed member shall continue in	6927
office subsequent to the expiration date of the member's term	6928
until the member's successor takes office, or until a period of	6929
sixty days has elapsed, whichever occurs first. Each appointed	6930
member may be removed from office by the governor for misfeasance,	6931
nonfeasance, malfeasance in office, or for failure to attend in	6932
person three consecutive meetings of the agency.	6933

(2) The director of development or the director's designee	6934
shall be the chairperson of the agency. The agency shall elect	6935
one of its appointed members as vice-chairperson and such other	6936
officers as it deems necessary, who need not be members of the	6937
agency. Each appointed member of the agency shall receive	6938
compensation at the rate of one hundred fifty dollars per agency	6939
meeting attended in person, not to exceed a maximum of three	6940
thousand dollars per year. All members shall be reimbursed for	6941
their actual and necessary expenses incurred in the discharge of	6942
their official duties.	6943

(3) ~~Five~~ six members of the agency constitute a quorum, and	6944
the affirmative vote of ~~five~~ six members shall be necessary for	6945
any action taken by the agency. No vacancy in membership of the	6946
agency impairs the right of a quorum to exercise all the rights	6947
and perform all the duties of the agency. Meetings of the agency	6948
may be held at any place within the state. Meetings of the	6949
agency, including notice of the place of meetings, shall comply	6950
with section 121.22 of the Revised Code.	6951

(B) The appointed members of the agency are not subject to	6952
section 102.02 of the Revised Code. Each such appointed member	6953
shall file with the agency a signed written statement setting	6954
forth the general nature of sales of goods, property or services	6955
or of loans to the agency in which such member has a pecuniary	6956
interest or in which any member of the member's immediate family,	6957
as defined in section 102.01 of the Revised Code, or any	6958
corporation, partnership or enterprise of which the member is an	6959
officer, director, or partner, or of which the member or a member	6960
of the member's immediate family, as so defined, owns more than a	6961
five per cent interest, has a pecuniary interest, and of which	6962
sale, loan and interest such member has knowledge. The statement	6963
shall be supplemented from time to time to reflect changes in the	6964
general nature of any such sales or loans. No member shall	6965
participate in portions of agency meetings dealing with, or vote	6966
concerning, any such matter. The requirements of this section	6967
pertaining to disclosure and prohibition from participation and	6968
voting do not apply to agency loans to lending institutions or	6969
contracts between the agency and lending institutions for the	6970
purchase, administration, or servicing of loans notwithstanding	6971
that such lending institution has a director, officer, employee,	6972
or owner who is a member of the agency, and no such loans or	6973
contracts shall be deemed to be prohibited or otherwise regulated	6974
by reason of any other law or rule.	6975

Sec. 175.21. (A) The low- and moderate-income housing trust	6976
fund is hereby created in the state treasury. The fund shall	6977
consist of all appropriations, grants, gifts, loan repayments, and	6978
contributions of money made from any source to the department of	6979
development for the fund. All investment earnings of the fund	6980
shall be credited to the fund. The director of development shall	6981
allocate a portion of the money in the fund to an account of the	6982
Ohio housing finance agency. The department shall administer the	6983
fund. The agency shall use money allocated to it in the fund for	6984
implementing and administering its programs and duties under	6985
sections 175.22 and 175.24 of the Revised Code, and the department	6986
shall use the remaining money in the fund for implementing and	6987
administering its programs and duties under sections 175.22 to	6988
175.25 of the Revised Code. Use of all money in the fund is	6989
subject to the following restrictions: forty-five per cent of the	6990
~~money in the fund~~ amount of funds awarded during any one fiscal	6991
year shall be used to make grants and loans to nonprofit	6992
organizations under section 175.22 of the Revised Code, not less	6993
than ~~thirty-five~~ forty-five per cent of the ~~money in the fund~~	6994
amount of funds awarded during any one fiscal year shall be used	6995
to make grants and loans for activities that will provide housing	6996
and housing assistance to families and individuals in rural areas	6997
and small cities that would not be eligible to participate ~~in the~~	6998
~~small cities program of the community development and block grant~~	6999
~~program under sections 570.420 to 570.438 of the Code of Federal~~	7000
~~Regulations~~ as a participating jurisdiction under the "HOME	7001
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C.	7002
12701 note, 12721, no more than ~~five~~ six per cent of the money in	7003
the fund shall be used for administration, and no money in the	7004
fund shall be used to pay for any legal services other than the	7005
usual and customary legal services associated with the acquisition	7006
of housing. Except as otherwise provided by the director under	7007
division (B) of this section, money in the fund may be used as	7008
matching money for federal funds received by the state, counties,	7009
municipal corporations, and townships for the activities listed in	7010
section 175.22 of the Revised Code.	7011

(B) If after the second quarter of any year it appears to	7012
the director that the full amount of the money in the low- and	7013
moderate-income housing trust fund designated in that year for	7014
activities that will provide housing and housing assistance to	7015
families and individuals in rural areas and small cities under	7016
division (A) of this section will not be so used, the director may	7017
reallocate all or a portion of that amount for other housing	7018
activities. In determining whether or how to reallocate money	7019
under this division, the director may consult with and shall	7020
receive advice from the housing trust fund advisory committee.	7021

Sec. 175.22. (A) The department of development and the Ohio	7022
housing finance agency shall each develop programs under which, in	7023
accordance with rules adopted under this section, it may make	7024
grants, loans, loan guarantees, and loan subsidies to counties,	7025
municipal corporations, townships, local housing authorities, and	7026
nonprofit organizations and may make loans, loan guarantees, and	7027
loan subsidies to private developers and private lenders to assist	7028
them in activities that will provide housing and housing	7029
assistance for specifically targeted low- and moderate-income	7030
families and individuals. There shall be no minimum housing	7031
project size for awards under this division for any project that	7032
is being developed for a special needs population and that is	7033
supported by a social service agency where the housing project	7034
will be located. Activities for which grants, loans, loan	7035
guarantees, and loan subsidies may be made under this section	7036
include all of the following:	7037

(1) Acquiring, financing, constructing, leasing,	7038
rehabilitating, remodeling, improving, and equipping publicly or	7039
privately owned housing;	7040

(2) Providing supportive services related to housing and the	7041
homeless, including housing counseling;. Not more than twenty per	7042
cent of the current year appropriation authority for the low- and	7043
moderate-income housing trust fund shall be awarded in any fiscal	7044
year for such supportive services.	7045

(3) Providing rental assistance payments or other project	7046
operating subsidies that lower tenant rents.	7047

(B) Grants, loans, loan guarantees, and loan subsidies may be	7048
made to counties, municipal corporations, townships, and nonprofit	7049
organizations for the additional purposes of providing technical	7050
assistance, design and finance services and consultation, and	7051
payment of pre-development and administrative costs related to any	7052
of the activities listed above.	7053

(C) In developing programs under this section, the	7054
department and the agency shall invite, accept, and consider	7055
public comment, and recommendations from the housing trust fund	7056
advisory committee created under section 175.25 of the Revised	7057
Code, on how the programs should be designed to most effectively	7058
benefit low- and moderate-income families and individuals. The	7059
programs developed under this section shall respond collectively	7060
to housing and housing assistance needs of low- and	7061
moderate-income families and individuals statewide.	7062

(D) The department and the agency, in accordance with	7063
Chapter 119. of the Revised Code, shall each adopt rules under	7064
which it shall administer programs developed by it under this	7065
section. The rules shall prescribe procedures and forms whereby	7066
counties, municipal corporations, townships, local housing	7067
authorities, and nonprofit organizations may apply for grants,	7068
loans, loan guarantees, and loan subsidies and private developers	7069
and private lenders may apply for loans, loan guarantees, and loan	7070
subsidies; eligibility criteria for the receipt of funds;	7071
procedures for reviewing and granting or denying applications;	7072
procedures for paying out funds; conditions on the use of funds;	7073
procedures for monitoring the use of funds; and procedures under	7074
which a recipient shall be required to repay funds that are	7075
improperly used. The rules adopted by the department shall do	7076
both of the following:	7077

(1) Require each recipient of a grant or loan made from the	7078
low- and moderate-income housing trust fund for activities that	7079
will provide, or assist in providing, a rental housing project, to	7080
reasonably ensure that the rental housing project will be	7081
affordable to those families and individuals targeted for the	7082
rental housing project for the useful life of the rental housing	7083
project or for thirty years, whichever is longer;	7084

(2) Require each recipient of a grant or loan made from the	7085
low- and moderate-income housing trust fund for activities that	7086
will provide, or assist in providing, a housing project to prepare	7087
and implement a plan to reasonably assist any families and	7088
individuals displaced by the housing project in obtaining decent	7089
affordable housing.	7090

(E) In prescribing eligibility criteria and conditions for	7091
the use of funds, neither the department nor agency is limited to	7092
the criteria and conditions specified in this section and each may	7093
prescribe additional eligibility criteria and conditions that	7094
relate to the purposes for which grants, loans, loan guarantees,	7095
and loan subsidies may be made. However, the department and	7096
agency are limited by the following specifically targeted low- and	7097
moderate-income guidelines:	7098

(1) Not less than seventy-five per cent of the money granted	7099
and loaned under this section in any ~~biennium~~ fiscal year shall be	7100
for activities that will provide affordable housing and housing	7101
assistance to families and individuals in a county whose incomes	7102
are equal to or less than fifty per cent of the median income for	7103
that county, as determined by the department under section 175.23	7104
of the Revised Code.	7105

(2) The remainder of the money granted and loaned under this	7106
section in any ~~biennium~~ fiscal year shall be for activities that	7107
will provide affordable housing and housing assistance to families	7108
and individuals in a county whose incomes are equal to or less	7109
than eighty per cent of the median income for that county, as	7110
determined by the department under section 175.23 of the Revised	7111
Code.	7112

(F) In making grants, loans, loan guarantees, and loan	7113
subsidies under this section, the department and the agency shall	7114
give preference to viable projects and activities that will	7115
benefit those families and individuals in a county whose incomes	7116
are equal to or less than thirty-five per cent of the median	7117
income for that county, as determined by the department under	7118
section 175.23 of the Revised Code. The department and the agency	7119
shall monitor the programs developed under this section to ensure	7120
that money granted and loaned under this section is not used in a	7121
manner that violates division (H) of section 4112.02 of the	7122
Revised Code or discriminates against families with children.	7123

Sec. 175.24. (A) Annually, the department of development	7124
shall submit a report to the president of the senate and the	7125
speaker of the house of representatives describing the activities	7126
of the department under sections 175.21 to 175.25 of the Revised	7127
Code during the previous ~~calendar~~ state fiscal year.	7128

(B) Annually, the Ohio housing finance agency shall submit a	7129
report to the president of the senate and the speaker of the house	7130
of representatives describing the activities of the agency under	7131
sections 175.21, 175.22, and 175.24 of the Revised Code during the	7132
previous ~~calendar~~ state fiscal year.	7133

Sec. 179.02. (A) There is hereby established the Ohio	7134
commission on dispute resolution and conflict management,	7135
consisting of twelve members, unless a vacancy exists in an	7136
appointment at any given time. The purpose of the commission is	7137
to provide, coordinate, fund, and evaluate dispute resolution and	7138
conflict management education, training, and research programs in	7139
this state, and to consult with, educate, train, provide resources	7140
for, and otherwise assist and facilitate other persons and public	7141
or private agencies, organizations, or entities that are engaged	7142
in activities related to dispute resolution and conflict	7143
management. Four members of the commission shall be appointed by	7144
the governor, four members shall be appointed by the chief justice	7145
of the supreme court, two members shall be appointed by the	7146
president of the senate, and two members shall be appointed by the	7147
speaker of the house of representatives.	7148

Within thirty days after ~~the effective date of this section~~	7149
June 30, 1995, the governor, the chief justice of the supreme	7150
court, the president of the senate, and the speaker of the house	7151
of representatives shall make initial appointments to the	7152
commission. Of the initial appointments made to the commission by	7153
the governor and the chief justice, two each shall be for a term	7154
ending two years after ~~the effective date of this section~~ June 30,	7155
1995, and two each shall be for a term ending four years after	7156
that date. Of the initial appointments made to the commission by	7157
the president of the senate and the speaker of the house of	7158
representatives, one each shall be for a term ending two years	7159
after ~~the effective date of this section~~ June 30, 1995, and one	7160
each shall be for a term ending four years after that date.	7161
Thereafter, terms of office shall be for three years, with each	7162
term ending on the same day of the same month of the year as the	7163
term that it succeeds. Each member shall hold office from the	7164
date of appointment until the end of the term for which appointed.	7165
Members may be reappointed. ~~Vacancies~~	7166

Vacancies shall be filled in the manner provided for original	7167
appointments. Any member appointed to fill a vacancy occurring	7168
prior to the expiration date of the term for which the member's	7169
predecessor was appointed shall hold office as a member for the	7170
remainder of that term. A	7171

A member shall continue in office subsequent to the	7172
expiration date of the member's term until a the member's	7173
successor takes office or until a period of sixty days has	7174
elapsed, whichever occurs first.	7175

(B) The commission shall meet within two weeks after all of	7176
its initial members have been appointed, at a time and place	7177
determined by the governor. Thereafter, the commission shall meet	7178
at least quarterly, or more often upon the call of the ~~chairman~~	7179
chairperson or at the request of the executive director of the	7180
commission. ~~The~~	7181

The commission shall organize by selecting from among its	7182
members a ~~chairman~~ chairperson, a ~~vice-chairman~~ vice-chairperson,	7183
and ~~such~~ other necessary officers ~~as are necessary~~. All officers	7184
shall be elected annually by vote of the members of the	7185
commission. ~~Each~~	7186

Each member of the commission shall have one vote. ~~Seven~~ A	7187
majority of the members ~~constitute~~ of the commission, as it exists	7188
at any given time, constitutes a quorum, and the votes of a	7189
majority of the members present at a meeting of the commission are	7190
required to validate an action of the commission.	7191

(C) The members of the commission shall serve without	7192
compensation, but each member shall be reimbursed for actual and	7193
necessary expenses incurred in the performance of official duties,	7194
and actual mileage for each mile necessarily traveled in the	7195
performance of official duties.	7196

Sec. 179.03. (A) The Ohio commission on dispute resolution	7197
and conflict management shall do all of the following:	7198

(1) Appoint and set the compensation of an executive	7199
director, who shall serve at the pleasure of the commission;	7200

(2) Establish and maintain a central office;

7201

(3) Adopt rules to govern the application for, and the	7202
awarding of, grants made available by the commission under	7203
sections 179.01 to 179.04 of the Revised Code out of the dispute	7204
resolution and conflict management commission gifts, grants, and	7205
reimbursements fund established by division (C) of this section;	7206

(4) Seek, solicit, and apply for grants from any public or	7207
private source to provide for the operation of dispute resolution	7208
and conflict management programs in this state;	7209

(5) Adopt standards for the evaluation of dispute resolution	7210
and conflict management programs funded pursuant to sections	7211
179.01 to 179.04 of the Revised Code;	7212

(6) Provide technical aid and assistance to dispute	7213
resolution and conflict management programs, to centers that	7214
provide these programs, and to public and private agencies and	7215
organizations that provide these programs or engage in dispute	7216
resolution and conflict management ~~activities~~ services;	7217

(7) Approve an annual operating budget;

7218

(8) Prepare an annual report on the operation of the	7219
commission and the office established by the commission, and	7220
provide the report to the governor, the supreme court, and the	7221
general assembly.	7222

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

7223

(1) Receive and accept donations, grants, awards, bequests,	7224
gifts, reimbursements, and similar funds from any lawful source;	7225

(2) Accept the services of volunteer workers and consultants	7226
at no compensation, other than reimbursement for actual and	7227
necessary expenses incurred in the performance of their official	7228
duties, and reimburse any volunteer workers or consultants for	7229
their actual and necessary expenses so incurred;	7230

(3) Prepare and publish statistical data and case studies	7231
and other data pertinent to the development, operation, and	7232
evaluation of dispute resolution and conflict management programs	7233
and centers that provide these programs or engage in dispute	7234
resolution and conflict management services;	7235

(4) Conduct programs that have a general objective of	7236
training and educating mediators and other persons engaged in	7237
providing dispute resolution and conflict management services;	7238

(5) Develop programs and curricula that are designed to	7239
provide dispute resolution and conflict management training and	7240
education for public and private education, as well as other	7241
appropriate education forums;	7242

(6) Enter into contracts for dispute resolution and conflict	7243
management services or authorize the executive director to enter	7244
into those contracts.	7245

(C) There is hereby established in the state treasury the	7246
dispute resolution and conflict management commission gifts,	7247
grants, and reimbursements fund. All donations, grants, awards,	7248
bequests, gifts, ~~and~~ reimbursements, and similar funds received by	7249
the commission under this section shall be deposited in the fund.	7250

Sec. 179.04. (A) No person shall be appointed executive	7251
director of the Ohio commission on dispute resolution and conflict	7252
management unless the person is trained in law, public affairs,	7253
business administration, or social sciences and the person has	7254
experience in administering dispute resolution and conflict	7255
management programs or services. The executive director appointed	7256
by the commission shall serve at the pleasure of the commission.	7257

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

7258

(1) Appoint and set the compensation of personnel who are	7259
necessary for the efficient operation of the office established by	7260
the commission, with the approval of the commission;	7261

(2) Keep and maintain financial records pertaining to the	7262
awarding of grants and contracts authorized ~~pursuant to~~ under	7263
sections 179.01 to 179.04 of the Revised Code, and report	7264
periodically, but not less than annually, to the commission on all	7265
relevant data pertaining to the operations, costs, and projected	7266
needs of the office established by the commission and on	7267
recommendations for legislation or amendments to court rules that	7268
may be appropriate to improve dispute resolution and conflict	7269
management programs.	7270

7271

(1) Make all necessary arrangements to coordinate the	7272
services of the office established by the commission with any	7273
federal, state, county, municipal, township, or private entity or	7274
program established to provide dispute resolution and conflict	7275
management services and to obtain and provide all funds allowable	7276
from any such entity or under any such ~~programs~~ program;	7277

(2) Consult and cooperate with professional groups concerned	7278
with the study, development, implementation, and evaluation of	7279
dispute resolution and conflict management programs and services	7280
and the operation of the ~~state dispute resolution and conflict~~	7281
~~management~~ office established by the commission;	7282

(3) Accept the services of volunteer workers and consultants	7283
at no compensation, other than reimbursement for actual and	7284
necessary expenses incurred in the performance of their official	7285
duties, and provide for the reimbursement of any volunteer workers	7286
or consultants for their actual and necessary expenses so	7287
incurred;	7288

(4) Prescribe any forms that are necessary for the uniform	7289
operation of sections 179.01 to 179.04 of the Revised Code;	7290

(5) With the authorization of the commission, enter into	7291
contracts for dispute resolution and conflict management services.	7292

Sec. 181.51. As used in sections 181.51 to 181.56 of the	7293
Revised Code:	7294

(A) "Federal criminal justice acts" means any federal law	7295
that authorizes financial assistance and other forms of assistance	7296
to be given by the federal government to the states to be used for	7297
the improvement of the criminal and juvenile justice systems of	7298
the states.	7299

(B)(1) "Criminal justice system" includes all of the	7300
functions of the following:	7301

(a) The state highway patrol, county sheriff offices,	7302
municipal and township police departments, and all other law	7303
enforcement agencies;	7304

(b) The courts of appeals, courts of common pleas, municipal	7305
courts, county courts, and mayor's courts, when dealing with	7306
criminal cases;	7307

(c) The prosecuting attorneys, city directors of law,	7308
village solicitors, and other prosecuting authorities when	7309
prosecuting or otherwise handling criminal cases and the county	7310
and joint county public defenders and other public defender	7311
agencies or offices;	7312

(d) The department of rehabilitation and correction,	7313
probation departments, county and municipal jails and workhouses,	7314
and any other department, agency, or facility that is concerned	7315
with the rehabilitation or correction of criminal offenders;	7316

(e) Any public or private agency whose purposes include the	7317
prevention of crime or the diversion, adjudication, detention, or	7318
rehabilitation of criminal offenders;	7319

(f) Any public or private agency, the purposes of which	7320
include assistance to crime victims or witnesses.	7321

(2) The inclusion of any public or private agency, the	7322
purposes of which include assistance to crime victims or	7323
witnesses, as part of the criminal justice system pursuant to	7324
division (B)(1) of this section does not limit, and shall not be	7325
construed as limiting, the discretion or authority of the attorney	7326
general with respect to crime victim assistance and criminal	7327
justice programs.	7328

(C) "Juvenile justice system" includes all of the functions	7329
of the juvenile courts, the department of youth services, any	7330
public or private agency whose purposes include the prevention of	7331
delinquency or the diversion, adjudication, detention, or	7332
rehabilitation of delinquent children, and any of the functions of	7333
the criminal justice system that are applicable to children.	7334

(D) "Comprehensive plan" means a document that coordinates,	7335
evaluates, and otherwise assists, on an annual or multi-year	7336
basis, ~~all~~ any of the functions of the criminal and juvenile	7337
justice systems of the state or a specified area of the state,	7338
that conforms to the priorities of the state with respect to	7339
criminal and juvenile justice systems, and that conforms with the	7340
requirements of all federal criminal justice acts. These	7341
functions may include, but are not limited to, ~~all~~ any of the	7342
following:	7343

(1) Crime and delinquency prevention;

7344

(2) Identification, detection, apprehension, and detention	7345
of persons charged with criminal offenses or delinquent acts;	7346

(3) Assistance to crime victims or witnesses, except that	7347
the comprehensive plan does not include the functions of the	7348
attorney general pursuant to sections 109.91 and 109.92 of the	7349
Revised Code;	7350

(4) Adjudication or diversion of persons charged with	7351
criminal offenses or delinquent acts;	7352

(5) Custodial treatment of criminal offenders ~~and~~,	7353
delinquent children, or both;	7354

(6) Institutional and noninstitutional rehabilitation of	7355
criminal offenders ~~and~~, delinquent children, or both.	7356

(E) "Metropolitan county criminal justice services agency"	7357
means an agency that is established pursuant to division (A) of	7358
section 181.54 of the Revised Code.	7359

(F) "Administrative planning district" means a district that	7360
is established pursuant to division (A) or (B) of section 181.56	7361
of the Revised Code.	7362

(G) "Criminal justice coordinating council" means a criminal	7363
justice services agency that is established pursuant to division	7364
~~(B)~~(D) of section 181.56 of the Revised Code.	7365

(H) "Local elected official" means any person who is a member	7366
of a board of county commissioners or township trustees or of a	7367
city or village council, judge of the court of common pleas, a	7368
municipal court, or a county court, sheriff, county coroner,	7369
prosecuting attorney, city director of law, village solicitor, or	7370
mayor.	7371

(I) "Juvenile justice coordinating council" means a juvenile	7372
justice services agency that is established pursuant to division	7373
(D) of section 181.56 of the Revised Code.	7374

Sec. 181.52. (A) There is hereby created an office of	7375
criminal justice services. The governor shall appoint a director	7376
of the office, and the director may appoint, within the office,	7377
any professional and technical personnel and other employees that	7378
are necessary to enable the office to comply with sections 181.51	7379
to 181.56 of the Revised Code. The director and the assistant	7380
director of the office, and all professional and technical	7381
personnel employed within the office who are not public employees	7382
as defined in section 4117.01 of the Revised Code, shall be in the	7383
unclassified civil service, and all other persons employed within	7384
the office shall be in the classified civil service. The director	7385
may enter into any contracts, except contracts governed by Chapter	7386
4117. of the Revised Code, that are necessary for the operation of	7387
the office.	7388

(B) Subject to division ~~(D)~~(E) of this section and subject	7389
to divisions (D) to (F) of section 5120.09 of the Revised Code	7390
insofar as those divisions relate to federal criminal justice acts	7391
that the governor requires the department of rehabilitation and	7392
correction to administer, the office of criminal justice services	7393
shall do all of the following:	7394

(1) Serve as the state criminal justice services agency and	7395
perform criminal ~~and juvenile~~ justice system planning in the	7396
state, including any planning that is required by any federal law;	7397

(2) Collect, analyze, and correlate information and data	7398
concerning the criminal ~~and juvenile~~ justice ~~systems~~ system in the	7399
state;	7400

(3) Cooperate with and provide technical assistance to state	7401
departments, administrative planning districts, metropolitan	7402
county criminal justice services agencies, criminal justice	7403
coordinating councils, agencies, offices, and departments of the	7404
criminal ~~and juvenile~~ justice ~~systems~~ system in the state, and	7405
other appropriate organizations and persons;	7406

(4) Encourage and assist agencies, offices, and departments	7407
of the criminal ~~and juvenile~~ justice ~~systems~~ system in the state	7408
and other appropriate organizations and persons to solve problems	7409
that relate to the duties of the office;	7410

(5) Administer within the state any federal criminal justice	7411
acts ~~or juvenile justice acts~~ that the governor requires it to	7412
administer;	7413

(6) Administer funds received under the "Family Violence	7414
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	7415
10401, as amended, with all powers necessary for the adequate	7416
administration of those funds, including the authority to	7417
establish a family violence prevention and services program.	7418

(7) Implement the state comprehensive plans;

7419

~~(7)~~(8) Audit grant activities of agencies, offices,	7420
organizations, and persons that are financed in whole or in part	7421
by funds granted through the office;	7422

~~(8)~~(9) Monitor or evaluate the performance of criminal ~~and~~	7423
~~juvenile~~ justice ~~systems~~ system projects and programs in the state	7424
that are financed in whole or in part by funds granted through the	7425
office;	7426

~~(9)~~(10) Apply for, allocate, disburse, and account for	7427
grants that are made available pursuant to federal criminal	7428
justice acts ~~or juvenile justice acts~~, or made available from	7429
other federal, state, or private sources, to improve the criminal	7430
~~and juvenile~~ justice ~~systems~~ system in the state. All money from	7431
such federal grants shall, if the terms under which the money is	7432
received require that the money be deposited into an	7433
interest-bearing fund or account, be deposited in the state	7434
treasury to the credit of the federal program purposes fund, which	7435
is hereby created. All investment earnings of the fund shall be	7436
credited to the fund.	7437

~~(10)~~(11) Contract with federal, state, and local agencies,	7438
foundations, corporations, businesses, and persons when necessary	7439
to carry out the duties of the office;	7440

~~(11)~~(12) Oversee the activities of metropolitan county	7441
criminal justice services agencies, administrative planning	7442
districts, and criminal justice coordinating councils in the	7443
state;	7444

~~(12)~~(13) Advise the general assembly and governor on	7445
legislation and other significant matters that pertain to the	7446
improvement and reform of criminal and juvenile justice systems in	7447
the state;	7448

~~(13)~~(14) Prepare and recommend legislation to the general	7449
assembly and governor for the improvement of the criminal and	7450
juvenile justice systems in the state;	7451

~~(14)~~(15) Assist, advise, and make any reports that are	7452
requested or required by the governor, attorney general, or	7453
general assembly;	7454

~~(15)~~(16) Adopt rules pursuant to Chapter 119. of the Revised	7455
Code.	7456

(C) ~~Division~~ Upon the request of the governor, the office of	7457
criminal justice services may do any of the following:	7458

(1) Collect, analyze, or correlate information and data	7459
concerning the juvenile justice system in the state;	7460

(2) Cooperate with and provide technical assistance to state	7461
departments, administrative planning districts, metropolitan	7462
county criminal justice service agencies, criminal justice	7463
coordinating councils, agency offices, and the departments of the	7464
juvenile justice system in the state and other appropriate	7465
organizations and persons;	7466

(3) Encourage and assist agencies, offices, and departments	7467
of the juvenile justice system in the state and other appropriate	7468
organizations and persons to solve problems that relate to the	7469
duties of the office.	7470

(D) Divisions (B) and (C) of this section ~~does~~ do not limit	7471
the discretion or authority of the attorney general with respect	7472
to crime victim assistance and criminal justice programs.	7473

~~(D)~~(E) Nothing in this section is intended to diminish or	7474
alter the status of the office of the attorney general as a	7475
criminal justice services agency.	7476

Sec. 181.54. (A) A county may enter into an agreement with	7477
the largest city within the county to establish a metropolitan	7478
county criminal justice services agency, if the population of the	7479
county exceeds five hundred thousand or the population of the city	7480
exceeds two hundred fifty thousand.	7481

(B) A metropolitan county criminal justice services agency	7482
shall do all of the following:	7483

(1) Accomplish criminal and juvenile justice systems	7484
planning within its services area;	7485

(2) Collect, analyze, and correlate information and data	7486
concerning the criminal and juvenile justice systems within its	7487
services area;	7488

(3) Cooperate with and provide technical assistance to all	7489
criminal and juvenile justice agencies and systems and other	7490
appropriate organizations and persons within its services area;	7491

(4) Encourage and assist agencies of the criminal and	7492
juvenile justice systems and other appropriate organizations and	7493
persons to solve problems that relate to its duties;	7494

(5) Administer within its services area any federal criminal	7495
justice acts or juvenile justice acts that the office of criminal	7496
justice services pursuant to section 5139.11 of the Revised Code	7497
or the department of youth services administers within the state;	7498

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

7499

(7) Monitor or evaluate, within its services area, the	7500
performance of the criminal and juvenile justice systems projects	7501
and programs that are financed in whole or in part by funds	7502
granted through it;	7503

(8) Apply for, allocate, and disburse grants that are made	7504
available pursuant to any federal criminal justice acts, or	7505
pursuant to any other federal, state, or private sources for the	7506
purpose of improving the criminal and juvenile justice systems;	7507

(9) Contract with federal, state, and local agencies,	7508
foundations, corporations, and other businesses or persons to	7509
carry out the duties of the agency.	7510

Sec. 181.55. (A)(1) When funds are available for ~~this~~	7511
~~purpose~~ criminal justice purposes pursuant to section 181.54 of	7512
the Revised Code, the office of criminal justice services shall	7513
provide funds to metropolitan county criminal justice services	7514
agencies for the purpose of developing, coordinating, evaluating,	7515
and implementing comprehensive plans within their respective	7516
counties. The office of criminal justice services shall provide	7517
funds to an agency only if it complies with the conditions of	7518
division (B) of this section.	7519

(2) When funds are available for juvenile justice purposes	7520
pursuant to section 181.54 of the Revised Code, the department of	7521
youth services shall provide funds to metropolitan county criminal	7522
justice services agencies for the purpose of developing,	7523
coordinating, evaluating, and implementing comprehensive plans	7524
within their respective counties. The department shall provide	7525
funds to an agency only if it complies with the conditions of	7526
division (B) of this section.	7527

(B) A metropolitan county criminal justice services agency	7528
shall do all of the following:	7529

(1) Submit, in a form that is acceptable to the office of	7530
criminal justice services or the department of youth services	7531
pursuant to section 5139.01 of the Revised Code, a comprehensive	7532
plan for the county;	7533

(2) Establish a metropolitan county criminal justice	7534
services supervisory board whose members shall include a majority	7535
of the local elected officials in the county and representatives	7536
from law enforcement agencies, courts, prosecuting authorities,	7537
public defender agencies, rehabilitation and correction agencies,	7538
community organizations, juvenile justice services agencies,	7539
professionals, and private citizens in the county, and that shall	7540
have the authority set forth in division (C) of this section;	7541

(3) Organize in the manner provided in sections 167.01 to	7542
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code,	7543
unless the board created pursuant to division (B)(2) of this	7544
section organizes pursuant to these sections.	7545

(C) A metropolitan county criminal justice services	7546
supervisory board shall do all of the following:	7547

(1) Exercise leadership in improving the quality of the	7548
criminal and juvenile justice systems in the county;	7549

(2) Review, approve, and maintain general oversight of the	7550
comprehensive plans for the county and the implementation of the	7551
plans;	7552

(3) Review and comment on the overall needs and	7553
accomplishments of the criminal and juvenile justice systems in	7554
the county;	7555

(4) Establish, as required to comply with this division,	7556
task forces, ad hoc committees, and other committees, whose	7557
members shall be appointed by the ~~chairman~~ chairperson of the	7558
board;	7559

(5) Establish any rules that the board considers necessary	7560
and that are consistent with the federal criminal justice acts and	7561
section 181.52 of the Revised Code.	7562

Sec. 181.56. (A) In counties in which a metropolitan county	7563
criminal justice services agency does not exist, the office of	7564
criminal justice services shall discharge the office's duties that	7565
the governor requires it to administer by establishing	7566
administrative planning districts for criminal justice programs.	7567
An administrative planning district shall contain a group of	7568
contiguous counties in which no county has a metropolitan county	7569
criminal justice services agency.	7570

(B) In counties in which a metropolitan county criminal	7571
justice services agency does not exist, the department of youth	7572
services shall discharge pursuant to section 5139.11 of the	7573
Revised Code the department's duty by establishing administrative	7574
planning districts for juvenile justice programs.	7575

(C) All administrative planning districts shall contain a	7576
group of contiguous counties in which no county has a metropolitan	7577
county criminal justice services agency.	7578

(D) Any county or any combination of contiguous counties	7579
within an administrative planning district may form a criminal	7580
justice coordinating council or a juvenile justice coordinating	7581
council for its respective programs, if the county or the group of	7582
counties has a total population in excess of two hundred fifty	7583
thousand. The council shall comply with the conditions set forth	7584
in divisions (B) and (C) of section 181.55 of the Revised Code,	7585
and exercise within its jurisdiction the powers and duties set	7586
forth in division (B) of section 181.54 of the Revised Code.	7587

Sec. 183.09. The fiscal year of the tobacco use prevention	7588
and control foundation shall be the same as the fiscal year of the	7589
state.	7590

Within ninety days after the end of each fiscal year, the	7591
foundation shall submit to the governor and the general assembly	7592
both of the following:	7593

(A) A report of the activities of the foundation during the	7594
preceding fiscal year and an independent and objective evaluation	7595
of the progress being made by the foundation in reducing tobacco	7596
use by Ohioans;	7597

(B) A financial report of the foundation for the preceding	7598
fiscal year, which shall include both:	7599

(1) Information on the amount and percentage of overhead and	7600
administrative expenditures compared to programmatic expenditures;	7601

(2) An independent auditor's report on the ~~general purpose~~	7602
basic financial statements and required supplementary information	7603
of the foundation. Such financial statements shall be prepared in	7604
conformity with generally accepted accounting principles	7605
prescribed for governmental entities.	7606

Sec. 183.10. The law enforcement improvements trust fund is	7607
hereby created in the state treasury. Money credited to the fund	7608
shall be used by the attorney general to maintain, upgrade, and	7609
modernize the law enforcement training, law enforcement	7610
technology, and laboratory ~~facilities~~ equipment of the office of	7611
the attorney general. All investment earnings of the fund shall	7612
be credited to the fund.	7613

Sec. 183.17. The fiscal year of the southern Ohio	7614
agricultural and community development foundation shall be the	7615
same as the fiscal year of the state.	7616

Within ninety days after the end of each fiscal year, the	7617
foundation shall submit to the governor and the general assembly	7618
both of the following:	7619

(A) A report of the activities of the foundation during the	7620
preceding fiscal year. The report shall also contain an	7621
independent evaluation of the progress being made by the	7622
foundation in carrying out its duties.	7623

(B) A financial report of the foundation for the preceding	7624
year, which shall include both:	7625

(1) Information on the amount and percentage of overhead and	7626
administrative expenditures compared to programmatic expenditures;	7627

(2) An independent auditor's report on the ~~general purpose~~	7628
basic financial statements and required supplementary information	7629
of the foundation. Such financial statements shall be prepared in	7630
conformity with generally accepted accounting principles	7631
prescribed for governmental entities.	7632

On or before July 1, 2010, the foundation shall report to the	7633
governor and the general assembly on the progress that the	7634
foundation has made in replacing the production of tobacco in	7635
southern Ohio with the production of other agricultural products	7636
and in mitigating the adverse economic impact of reduced tobacco	7637
production in the region. In If the foundation concludes that a	7638
need for additional funding still exists, the foundation may	7639
request that provision be made for a portion of the payments	7640
credited to the tobacco master settlement agreement fund to	7641
continue to be transferred to the southern Ohio agricultural and	7642
community development trust fund.	7643

Sec. 183.28. The education technology trust fund is hereby	7644
created in the state treasury. Money credited to the fund shall	7645
be used to pay costs of ~~new and innovative technology for primary~~	7646
~~and secondary education, including chartered nonpublic schools,~~	7647
~~and higher education, including state institutions of higher~~	7648
~~education and private nonprofit institutions of higher education~~	7649
~~holding certificates of authorization~~ the Ohio SchoolNet	7650
commission under section ~~1713.02~~ 3301.80 of the Revised Code. All	7651
investment earnings of the fund shall be credited to the fund.	7652

Sec. 183.30. (A) No Except as provided in division (D) of	7653
this section, no more than five per cent of the total expenditures	7654
of the tobacco use prevention and control foundation in a fiscal	7655
year shall be for administrative expenses of the foundation.	7656

(B) No Except as provided in division (D) of this section, no	7657
more than five per cent of the total expenditures of the southern	7658
Ohio agricultural and community development foundation in a fiscal	7659
year shall be for administrative expenses of the foundation.	7660

(C) No Except as provided in division (D) of this section, no	7661
more than five per cent of the total expenditures of the	7662
biomedical research and technology transfer commission in a fiscal	7663
year shall be for administrative expenses of the commission.	7664

(D) This section's five per cent limitation on	7665
administrative expenses does not apply in fiscal years 2001 and	7666
2002.	7667

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

7668

(1) "Credit card" includes a gasoline credit card and a	7669
telephone credit card.	7670

(2) "Officer" includes an individual who also is an	7671
appointing authority.	7672

(3) "Gasoline and oil expenses," "minor motor vehicle	7673
maintenance expenses," and "emergency motor vehicle repair	7674
expenses" refer to only those expenses incurred for motor vehicles	7675
owned or leased by the county.	7676

(B) A credit card held by a board of county commissioners or	7677
the office of any other county appointing authority shall be used	7678
only to pay work-related ~~food, transportation, gasoline~~ expenses,	7679
limited to the following:	7680

(1) Food expenses;

7681

(2) Transportation expenses;

7682

(3) Gasoline and oil~~, minor~~ expenses;

7683

(4) Minor motor vehicle maintenance~~, emergency~~;

7684

(5) Emergency motor vehicle repair~~, telephone, lodging, and~~	7685
~~internet~~ expenses;	7686

(6) Telephone expenses;

7687

(7) Lodging expenses;

7688

(8) Internet service provider expenses;

7689

(9) In the case of a public children services agency,	7690
expenses for purchases for children for whom the agency is	7691
providing temporary emergency care pursuant to section 5153.16 of	7692
the Revised Code, children in the temporary or permanent custody	7693
of the agency, and children in a planned permanent living	7694
arrangement.	7695

(C) A county appointing authority may apply to the board of	7696
county commissioners for authorization to have an officer or	7697
employee of the appointing authority use a credit card held by	7698
that appointing authority. The authorization request shall state	7699
whether the card is to be issued only in the name of the office of	7700
the appointing authority itself or whether the issued card shall	7701
also include the name of a specified officer or employee.	7702

(D) The debt incurred as a result of the use of a credit	7703
card pursuant to this section shall be paid from moneys	7704
appropriated to the appointing authority for work-related ~~food,~~	7705
~~transportation, gasoline and oil, minor motor vehicle maintenance,~~	7706
~~emergency motor vehicle repair, telephone, lodging, and internet~~	7707
~~service provider~~ expenses listed in division (B) of this section.	7708

(E)(1) Except as otherwise provided in division (E)(2) of	7709
this section, every officer or employee authorized to use a credit	7710
card held by the board or appointing authority shall submit to the	7711
board by the first day of each month an estimate of the officer's	7712
or employee's work-related ~~food, transportation, gasoline and oil,~~	7713
~~minor motor vehicle maintenance, emergency motor vehicle repair,~~	7714
~~telephone, lodging, and internet service provider~~ expenses listed	7715
in division (B) of this section for that month, unless the board	7716
authorizes, by resolution, the officer or employee to submit to	7717
the board such an estimate for a period longer than one month. The	7718
board may revise the estimate and determine the amount it	7719
approves, if any, not to exceed the estimated amount. The board	7720
shall certify the amount of its determination to the county	7721
auditor along with the necessary information for the auditor to	7722
determine the appropriate appropriation line item from which such	7723
expenditures are to be made. After receiving certification from	7724
the county auditor that the determined sum of money is in the	7725
treasury or in the process of collection to the credit of the	7726
appropriate appropriation line item for which the credit card is	7727
approved for use, and is free from previous and then-outstanding	7728
obligations or certifications, the board shall authorize the	7729
officer or employee to incur debt for such expenses against the	7730
county's credit up to the authorized amount.	7731

(2) In lieu of following the procedure set forth in division	7732
(E)(1) of this section, a board of county commissioners may adopt	7733
a resolution authorizing an officer or employee of an appointing	7734
authority to use a county credit card to pay for specific classes	7735
of the work-related expenses listed in division (B) of this	7736
section, or use a specific credit card for any of those	7737
work-related expenses listed in division (B) of this section,	7738
without submitting an estimate of those expenses to the board as	7739
required by division (E)(1) of this section. Prior to adopting	7740
the resolution, the board shall notify the county auditor. The	7741
resolution shall specify whether the officer's or employee's	7742
exemption extends to the use of a specific card, which card shall	7743
be identified by its number, or to one or more specific	7744
work-related uses from the classes of uses permitted under	7745
division (B) of this section. Before any credit card exempted for	7746
specific uses may be used to make purchases for uses other than	7747
those specific uses listed in the resolution, the procedures	7748
outlined in division (E)(1) of this section must be followed or	7749
the use shall be considered an unauthorized use. Use of any	7750
credit card under division (E)(2) of this section shall be limited	7751
to the amount appropriated and encumbered in a specific	7752
appropriation line item for the permitted use or uses designated	7753
in the authorizing resolution, or, in the case of a resolution	7754
that authorizes use of a specific credit card, for each of the	7755
permitted uses listed in division (B) of this section, but only to	7756
the extent the moneys in such appropriations are not otherwise	7757
encumbered.	7758

(F)(1) Any time a county credit card approved for use for an	7759
authorized amount under division (E)(1) of this section is used	7760
for more than that authorized amount, the appointing authority may	7761
request the board of county commissioners to authorize after the	7762
fact the expenditure of any amount charged beyond the originally	7763
authorized amount if, upon the board's request, the county auditor	7764
certifies that sum of money is in the treasury or in the process	7765
of collection to the credit of the appropriate appropriation line	7766
item for which the credit card was used and is free from previous	7767
and then-outstanding obligations or certifications. If the card	7768
is used for more than the amount originally authorized and if for	7769
any reason that amount is not authorized after the fact, then the	7770
county treasury shall be reimbursed for any amount spent beyond	7771
the originally authorized amount in the following manner:	7772

(a) If the card is issued in the name of a specific officer	7773
or employee, then that officer or employee is liable in person and	7774
upon any official bond the officer or employee has given to the	7775
county to reimburse the county treasury for the amount charged to	7776
the county beyond the originally authorized amount.	7777

(b) If the card was issued to the office of the appointing	7778
authority, then the appointing authority is liable in person and	7779
upon any official bond the appointing authority has given to the	7780
county for the amount charged to the county beyond the originally	7781
authorized amount.	7782

(2) Any time a county credit card authorized for use under	7783
division (E)(2) of this section is used for more than the amount	7784
appropriated under that division, the appointing authority may	7785
request the board of county commissioners to issue a supplemental	7786
appropriation or make a transfer to the proper line item account	7787
as permitted in section 5705.40 of the Revised Code, to cover the	7788
amount charged beyond the originally appropriated amount. If the	7789
card is used for more than the amount originally appropriated and	7790
if for any reason that amount is not appropriated or transferred	7791
as permitted by this section, then the county treasury shall be	7792
reimbursed for any amount spent beyond the originally appropriated	7793
amount in the following manner:	7794

(a) If the card is issued in the name of a specific officer	7795
or employee, then that officer or employee is liable in person and	7796
upon any official bond the officer or employee has given to the	7797
county for reimbursing the county treasury for any amount charged	7798
on the card beyond the originally appropriated amount.	7799

(b) If the card is issued in the name of the office of the	7800
appointing authority, then the appointing authority is liable in	7801
person and upon any official bond the appointing authority has	7802
given to the county for reimbursement for any amount charged on	7803
the card beyond the originally appropriated amount.	7804

(3) Whenever any officer or employee authorized to use a	7805
credit card held by the board or the office of any other county	7806
appointing authority suspects the loss, theft, or possibility of	7807
unauthorized use of the county credit card the officer or employee	7808
is authorized to use, the officer or employee shall so notify the	7809
officer's or employee's appointing authority or the board	7810
immediately and in writing.	7811

(4) If the county auditor determines there has been a credit	7812
card expenditure beyond the appropriated or authorized amount as	7813
provided in division (E) of this section, the auditor immediately	7814
shall notify the board of county commissioners of this fact. When	7815
the board of county commissioners determines on its own or after	7816
notification from the county auditor that the county treasury	7817
should be reimbursed for credit card expenditures beyond the	7818
appropriated or authorized amount as provided in divisions (F)(1)	7819
and (2) of this section, it shall give written notice to the	7820
officer or employee or appointing authority liable to the treasury	7821
as provided in divisions (F)(1) and (2) of this section. If,	7822
within thirty days after issuance of this written notice the	7823
county treasury is not reimbursed for the amount shown on the	7824
written notice, the prosecuting attorney of the county shall	7825
recover that amount from the officer or employee or appointing	7826
authority who is liable under this section by civil action in any	7827
court of appropriate jurisdiction.	7828

(G) Use of a county credit card for any use other than those	7829
permitted under division (B) of this section is a violation of law	7830
for the purposes of section 2913.21 of the Revised Code.	7831

Sec. 307.86. Anything to be purchased, leased, leased with	7832
an option or agreement to purchase, or constructed, including, but	7833
not limited to, any product, structure, construction,	7834
reconstruction, improvement, maintenance, repair, or service,	7835
except the services of an accountant, architect, attorney at law,	7836
physician, professional engineer, construction project manager,	7837
consultant, surveyor, or appraiser, by or on behalf of the county	7838
or contracting authority, as defined in section 307.92 of the	7839
Revised Code, at a cost in excess of fifteen thousand dollars,	7840
except as otherwise provided in division (D) of section 713.23 and	7841
in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,	7842
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,	7843
and 6137.05 of the Revised Code, shall be obtained through	7844
competitive bidding. However, competitive bidding is not required	7845
when any of the following applies:	7846

(A) The board of county commissioners, by a unanimous vote	7847
of its members, makes a determination that a real and present	7848
emergency exists, and that determination and the reasons for it	7849
are entered in the minutes of the proceedings of the board, when	7850
either of the following applies:	7851

(1) The estimated cost is less than fifty thousand dollars.

7852

(2) There is actual physical disaster to structures, radio	7853
communications equipment, or computers.	7854

For purposes of this division, "unanimous vote" means all	7855
three members of a board of county commissioners when all three	7856
members are present, or two members of the board if only two	7857
members, constituting a quorum, are present.	7858

Whenever a contract of purchase, lease, or construction is	7859
exempted from competitive bidding under division (A)(1) of this	7860
section because the estimated cost is less than fifty thousand	7861
dollars, but the estimated cost is fifteen thousand dollars or	7862
more, the county or contracting authority shall solicit informal	7863
estimates from no fewer than three persons who could perform the	7864
contract, before awarding the contract. With regard to each such	7865
contract, the county or contracting authority shall maintain a	7866
record of such estimates, including the name of each person from	7867
whom an estimate is solicited. The county or contracting	7868
authority shall maintain the record for the longer of at least one	7869
year after the contract is awarded or the amount of time the	7870
federal government requires.	7871

(B) The purchase consists of supplies or a replacement or	7872
supplemental part or parts for a product or equipment owned or	7873
leased by the county, and the only source of supply for the	7874
supplies, part, or parts is limited to a single supplier.	7875

(C) The purchase is from the federal government, the state,	7876
another county or contracting authority of another county, or a	7877
board of education, township, or municipal corporation.	7878

(D) Public family services or workforce development	7879
activities are purchased for provision by the county department of	7880
job and family services under section 329.04 of the Revised Code,	7881
or program services, such as direct and ancillary client services,	7882
child day-care, case management services, residential services,	7883
and family resource services, are purchased for provision by a	7884
county board of mental retardation and developmental disabilities	7885
under section 5126.05 of the Revised Code.	7886

(E) The purchase consists of criminal justice services,	7887
social services programs, family services, or workforce	7888
development activities by the board of county commissioners from	7889
nonprofit corporations or associations under programs ~~that are~~	7890
funded ~~entirely~~ by the federal government or by state grants.	7891

(F) The purchase consists of any form of an insurance policy	7892
or contract authorized to be issued under Title XXXIX of the	7893
Revised Code or any form of health care plan authorized to be	7894
issued under Chapter 1751. of the Revised Code, or any combination	7895
of such policies, contracts, or plans that the contracting	7896
authority is authorized to purchase, and the contracting authority	7897
does all of the following:	7898

(1) Determines that compliance with the requirements of this	7899
section would increase, rather than decrease, the cost of ~~such~~ the	7900
purchase;	7901

(2) Employs a competent consultant to assist the contracting	7902
authority in procuring appropriate coverages at the best and	7903
lowest prices;	7904

(3) Requests issuers of ~~such~~ the policies, contracts, or	7905
plans to submit proposals to the contracting authority, in a form	7906
prescribed by the contracting authority, setting forth the	7907
coverage and cost of ~~such~~ the policies, contracts, or plans as the	7908
contracting authority desires to purchase;	7909

(4) Negotiates with ~~such~~ the issuers for the purpose of	7910
purchasing ~~such~~ the policies, contracts, or plans at the best and	7911
lowest price reasonably possible.	7912

(G) The purchase consists of computer hardware, software, or	7913
consulting services that are necessary to implement a computerized	7914
case management automation project administered by the Ohio	7915
prosecuting attorneys association and funded by a grant from the	7916
federal government.	7917

(H) Child day-care services are purchased for provision to	7918
county employees.	7919

(I)(1) Property, including land, buildings, and other real	7920
property, is leased for offices, storage, parking, or other	7921
purposes, and all of the following apply:	7922

(a) The contracting authority is authorized by the Revised	7923
Code to lease the property.	7924

(b) The contracting authority develops requests for	7925
proposals for leasing the property, specifying the criteria that	7926
will be considered prior to leasing the property, including the	7927
desired size and geographic location of the property.	7928

(c) The contracting authority receives responses from	7929
prospective lessors with property meeting the criteria specified	7930
in the requests for proposals by giving notice in a manner	7931
substantially similar to the procedures established for giving	7932
notice under section 307.87 of the Revised Code.	7933

(d) The contracting authority negotiates with the	7934
prospective lessors to obtain a lease at the best and lowest price	7935
reasonably possible considering the fair market value of the	7936
property and any relocation and operational costs that may be	7937
incurred during the period the lease is in effect.	7938

(2) The contracting authority may use the services of a real	7939
estate appraiser to obtain advice, consultations, or other	7940
recommendations regarding the lease of property under this	7941
division.	7942

(J) The purchase is made pursuant to section 5139.34 or	7943
sections 5139.41 to 5139.46 of the Revised Code and is of programs	7944
or services that provide case management, treatment, or prevention	7945
services to any felony or misdemeanant delinquent, unruly youth,	7946
or status offender under the supervision of the juvenile court,	7947
including, but not limited to, community residential care, day	7948
treatment, services to children in their home, or electronic	7949
monitoring.	7950

(K) The purchase is made by a public children services	7951
agency pursuant to section 307.92 or 5153.16 of the Revised Code	7952
and consists of family services, programs, or ancillary services	7953
that provide case management, prevention, or treatment services	7954
for children at risk of being or alleged to be abused, neglected,	7955
or dependent children.	7956

Any issuer of policies, contracts, or plans listed in	7957
division (F) of this section and any prospective lessor under	7958
division (I) of this section may have the issuer's or prospective	7959
lessor's name and address, or the name and address of an agent,	7960
placed on a special notification list to be kept by the	7961
contracting authority, by sending the contracting authority ~~such~~	7962
that name and address. The contracting authority shall send	7963
notice to all persons listed on the special notification list.	7964
Notices shall state the deadline and place for submitting	7965
proposals. The contracting authority shall mail the notices at	7966
least six weeks prior to the deadline set by the contracting	7967
authority for submitting proposals. Every five years the	7968
contracting authority may review this list and remove any person	7969
from the list after mailing the person notification of ~~such~~ that	7970
action.	7971

Any contracting authority that negotiates a contract under	7972
division (F) of this section shall request proposals and	7973
renegotiate with issuers in accordance with that division at least	7974
every three years from the date of the signing of such a contract.	7975

Any consultant employed pursuant to division (F) of this	7976
section and any real estate appraiser employed pursuant to	7977
division (I) of this section shall disclose any fees or	7978
compensation received from any source in connection with that	7979
employment.	7980

Sec. 313.091. In connection with the performance of duties	7981
~~performed in accordance with~~ under this chapter, a coroner, deputy	7982
coroner, or representative of a coroner or deputy coroner may	7983
request, in writing, to inspect and receive a copy of the deceased	7984
person's medical and psychiatric records. The person to whom the	7985
request is delivered shall make such records in the person's	7986
custody available during normal business hours to the coroner,	7987
deputy coroner, or representative for purposes of inspection and	7988
copying. A person who provides copies of medical or psychiatric	7989
records pursuant to a request made under this section may request,	7990
in writing, reimbursement in a specified amount for the necessary	7991
and reasonable costs of copying the records, in which case the	7992
coroner, deputy coroner, or representative shall remit that amount	7993
to the person upon receipt of the copies.	7994

Any medical or psychiatric record provided to a coroner,	7995
deputy coroner, or representative of a coroner or deputy coroner	7996
under this section is not a public record subject to section	7997
149.43 of the Revised Code. The release of a deceased person's	7998
medical or psychiatric records to a coroner, deputy coroner, or	7999
representative of a coroner or deputy coroner in accordance with	8000
this section does not violate division (B)(4) of section 4731.22	8001
or section 5122.31 of the Revised Code.	8002

As used in this section and section 313.10 of the Revised	8003
Code, "medical record" has the same meaning as in division (A)(3)	8004
of section 149.43 of the Revised Code.	8005

Sec. 325.071. There shall be allowed annually to the	8006
sheriff, in addition to all salary and allowances otherwise	8007
provided by law, an amount equal to one-half of the official	8008
salary allowed under ~~sections~~ division (A) of section 325.06 and	8009
section 325.18 of the Revised Code, to provide for expenses that	8010
the sheriff incurs in the performance of the sheriff's official	8011
duties and in the furtherance of justice. Upon the order of the	8012
sheriff, the county auditor shall draw the auditor's warrant on	8013
the county treasurer, payable to the sheriff or any other person	8014
as the order designates, for the amount the order requires. The	8015
amounts the order requires, not exceeding the amount provided by	8016
this section, shall be paid out of the general fund of the county.	8017

Nothing shall be paid under this section until the sheriff	8018
gives bond to the state in an amount not less than the sheriff's	8019
official salary, to be fixed by the court of common pleas or the	8020
probate court, with sureties to be approved by either of those	8021
courts. The bond shall be conditioned that the sheriff will	8022
faithfully discharge all the duties enjoined upon the sheriff, and	8023
pay over all moneys the sheriff receives in an official capacity.	8024
The bond, with the approval of the court of common pleas or the	8025
probate court of the amount of the bond and the sureties on the	8026
bond, shall be deposited with the county treasurer.	8027

The sheriff annually, before the first Monday of January,	8028
shall file with the county auditor an itemized statement, verified	8029
by the sheriff, as to the manner in which the fund provided by	8030
this section has been expended during the current year, and, if	8031
any part of that fund remains in the sheriff's hands unexpended,	8032
forthwith shall pay the remainder into the county treasury.	8033

Sec. 329.042. The county department of job and family	8034
services shall certify public assistance and nonpublic assistance	8035
households eligible under the "Food Stamp Act of 1964," 78 Stat.	8036
703, 7 U.S.C.A. 2011, as amended, and federal and state	8037
regulations adopted pursuant to such act, to enable low-income	8038
households to participate in the food stamp program and thereby to	8039
purchase foods having a greater monetary value than is possible	8040
under public assistance standard allowances or other low-income	8041
budgets.	8042

The county department of job and family services shall	8043
administer the distribution of food stamp ~~coupons~~ benefits under	8044
the supervision of the department of job and family services. ~~Such~~	8045
~~coupons~~ The benefits shall be distributed by ~~mail in accordance~~	8046
~~with sections 5101.541, 5101.542, and 5101.543 of the Revised~~	8047
~~Code, or by some alternative~~ a method approved by the department	8048
of job and family services in accordance with the "Food Stamp Act	8049
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and	8050
regulations issued thereunder.	8051

The document referred to as the "authorization-to-participate	8052
card," which shows the face value of the ~~coupon allotment~~ benefits	8053
an eligible household is entitled to receive on presentment of the	8054
document, shall be issued, immediately upon certification, to a	8055
household determined under division (C) of section 5101.54 of the	8056
Revised Code to be in immediate need of food assistance by being	8057
personally handed by a member of the staff of the county	8058
department of job and family services to the member of the	8059
household in whose name application was made for participation in	8060
the program or the authorized representative of such member of the	8061
household.	8062

~~Sec. 5101.19.~~ Sec. . Sec. 329.19. ~~(A)~~ Upon determining that a person or	8063
persons are eligible for ~~aid payments~~ benefits or services under	8064
~~Chapter 5107. or 5115. of the Revised Code~~ any assistance program	8065
administered by the county department of job and family services,	8066
the county department may issue an identification card ~~shall be~~	8067
~~issued~~ to the ~~individual designated to receive warrants for aid~~	8068
~~payments~~ person or persons. ~~Such cards may be made up and issued~~	8069
~~by the county department of job and family services, or the~~	8070
~~department of job and family services may enter into a contract~~	8071
~~with any person, corporation, or agency, public or private, to~~	8072
~~furnish cards to individuals certified by the county department.~~	8073
The county department ~~of job and family services~~ shall determine	8074
the card's material, design, and informational content, which	8075
~~shall~~ may include a photograph, social security number, name, and	8076
signature, and shall prescribe the procedure by which it is	8077
issued.	8078

~~(B) Any county department of job and family services which~~	8079
~~on July 7, 1972 is furnishing identification cards to individuals~~	8080
~~designated to receive warrants for aid payments under Chapter~~	8081
~~5107. of the Revised Code, may continue to issue such cards and~~	8082
~~may issue identification cards to individuals designated to~~	8083
~~receive warrants for aid payments under Chapter 5115. of the~~	8084
~~Revised Code under procedures developed by the county, in lieu of~~	8085
~~those established under division (A) of this section, provided:~~	8086

~~(1) The information borne on the card is substantially the~~	8087
~~same as that required in division (A) of this section;~~	8088

~~(2) The county complies with any regulations adopted by the~~	8089
~~director of job and family services which are applicable to such a~~	8090
~~procedure.~~	8091

~~(C) The individual designated to receive warrants for aid~~	8092
~~payments shall present the identification card issued under this~~	8093
~~section as a condition for the acceptance and payment of the~~	8094
~~warrants.~~	8095

In issuing identification cards under this section, the	8096
county department shall comply with any state or federal laws	8097
governing the issuance of the cards. All expenses incurred in	8098
issuing the ~~issuance of identification~~ cards ~~under this section~~	8099
shall be paid from funds ~~appropriated~~ available to the county	8100
department ~~of job and family services~~ for administrative expenses.	8101

Sec. 339.05. A board of county hospital trustees may adopt,	8102
annually, bidding procedures and purchasing policies for services	8103
provided through a joint purchasing arrangement sponsored by a	8104
nonprofit organization, and for supplies and equipment, that are	8105
routinely used in the operation of the hospital and that cost in	8106
excess of the amount specified in section 307.86 of the Revised	8107
Code as the amount above which purchases must be competitively	8108
bid. If a board of county hospital trustees adopts ~~such~~ those	8109
policies and procedures, and if the board of county commissioners	8110
approves them, the board of county hospital trustees may follow	8111
~~these~~ those policies and procedures in lieu of following the	8112
competitive bidding procedures of sections 307.86 to 307.92 of the	8113
Revised Code.	8114

Sec. 340.02. As used in this section, "mental health	8115
professional" means a person who is qualified to work with	8116
mentally ill persons, pursuant to ~~minimum~~ standards established by	8117
the director of mental health under section ~~5119.61~~ 5119.611 of	8118
the Revised Code.	8119

For each alcohol, drug addiction, and mental health service	8120
district there shall be appointed a board of alcohol, drug	8121
addiction, and mental health services of eighteen members. Members	8122
shall be residents of the district and shall be interested in	8123
mental health programs and facilities or in alcohol or drug	8124
addiction programs.	8125

The director of mental health shall appoint four members of	8126
the board, the director of alcohol and drug addiction services	8127
shall appoint four members, and the board of county commissioners	8128
shall appoint ten members. In a joint-county district the county	8129
commissioners of each participating county shall appoint members	8130
in as nearly as possible the same proportion as that county's	8131
population bears to the total population of the district, except	8132
that at least one member shall be appointed from each	8133
participating county.	8134

The director of mental health shall ensure that at least one	8135
member of the board is a psychiatrist and one member of the board	8136
is a mental health professional. One member of the board may be a	8137
voting member of the citizen's advisory council of an institution	8138
under the control of the department of mental health which serves	8139
a hospital district in which one or more counties in the service	8140
district is located. If the appointment of a psychiatrist is not	8141
possible, as determined under rules adopted by the director, a	8142
licensed physician may be appointed in place of the psychiatrist.	8143
If the appointment of a licensed physician is not possible, the	8144
director of mental health may waive the requirement that the	8145
psychiatrist or licensed physician be a resident of the service	8146
district and appoint a psychiatrist or licensed physician from a	8147
contiguous county. The membership of the board shall, as nearly	8148
as possible, reflect the composition of the population of the	8149
service district as to race and sex. The director of mental health	8150
shall ensure that at least one member of the board is a person who	8151
has received or is receiving mental health services paid for by	8152
public funds and at least one member is a parent or other relative	8153
of such a person.	8154

The director of alcohol and drug addiction services shall	8155
ensure that at least one member of the board is a professional in	8156
the field of alcohol or drug addiction services and one member of	8157
the board is an advocate for persons receiving treatment for	8158
alcohol or drug addiction. Of the members appointed by the	8159
director of alcohol and drug addiction services, at least one	8160
shall be a person who has received or is receiving services for	8161
alcohol or drug addiction and at least one member shall be a	8162
parent or other relative of such a person.	8163

No member or employee of a board of alcohol, drug addiction,	8164
and mental health services shall serve as a member of the board of	8165
any agency with which the board of alcohol, drug addiction, and	8166
mental health services has entered into a contract for the	8167
provision of services or facilities. No member of a board of	8168
alcohol, drug addiction, and mental health services shall be an	8169
employee of any agency with which the board has entered into a	8170
contract for the provision of services or facilities. No person	8171
shall be an employee of a board and such an agency unless the	8172
board and agency both agree in writing.	8173

No person shall serve as a member of the board of alcohol,	8174
drug addiction, and mental health services whose spouse, child,	8175
parent, brother, sister, grandchild, stepparent, stepchild,	8176
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	8177
daughter-in-law, brother-in-law, or sister-in-law serves as a	8178
member of the board of any agency with which the board of alcohol,	8179
drug addiction, and mental health services has entered into a	8180
contract for the provision of services or facilities. No person	8181
shall serve as a member or employee of the board whose spouse,	8182
child, parent, brother, sister, stepparent, stepchild,	8183
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	8184
daughter-in-law, brother-in-law, or sister-in-law serves as a	8185
county commissioner of a county or counties in the alcohol, drug	8186
addiction, and mental health service district.	8187

Each year each board member shall attend at least one	8188
inservice training session provided or approved by the department	8189
of mental health or the department of alcohol and drug addiction	8190
services. Such training sessions shall not be considered to be	8191
regularly scheduled meetings of the board.	8192

Each member shall be appointed for a term of four years,	8193
commencing the first day of July, except that one-third of initial	8194
appointments to a newly established board, and to the extent	8195
possible to expanded boards, shall be for terms of two years,	8196
one-third for terms of three years, and one-third for terms of	8197
four years. No member shall serve more than two consecutive	8198
four-year terms. A member may serve for three consecutive terms	8199
only if one of the terms is for less than two years. A member who	8200
has served two consecutive four-year terms or three consecutive	8201
terms totaling less than ten years is eligible for reappointment	8202
one year following the end of the second or third term,	8203
respectively.	8204

When a vacancy occurs, appointment for the expired or	8205
unexpired term shall be made in the same manner as an original	8206
appointment. The appointing authority shall be notified by	8207
certified mail of any vacancy and shall fill the vacancy within	8208
sixty days following such notice.	8209

Any member of the board may be removed from office by the	8210
appointing authority for neglect of duty, misconduct, or	8211
malfeasance in office, and shall be removed by the appointing	8212
authority if the member's spouse, child, parent, brother, sister,	8213
stepparent, stepchild, stepbrother, stepsister, father-in-law,	8214
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	8215
sister-in-law serves as a county commissioner of a county or	8216
counties in the service district or serves as a member or employee	8217
of the board of an agency with which the board of alcohol, drug	8218
addiction, and mental health services has entered a contract for	8219
the provision of services or facilities. The member shall be	8220
informed in writing of the charges and afforded an opportunity for	8221
a hearing. Upon the absence of a member within one year from	8222
either four board meetings or from two board meetings without	8223
prior notice, the board shall notify the appointing authority,	8224
which may vacate the appointment and appoint another person to	8225
complete the member's term.	8226

Members of the board shall serve without compensation, but	8227
shall be reimbursed for actual and necessary expenses incurred in	8228
the performance of their official duties, as defined by rules of	8229
the departments of mental health and alcohol and drug addiction	8230
services.	8231

Sec. 340.03. (A) Subject to rules issued by the director of	8232
mental health after consultation with relevant constituencies as	8233
required by division (A)(11) of section 5119.06 of the Revised	8234
Code, with regard to mental health services, the board of alcohol,	8235
drug addiction, and mental health services shall:	8236

(1) Serve as the community mental health planning agency for	8237
the county or counties under its jurisdiction, and in so doing it	8238
shall:	8239

(a) Evaluate the need for facilities and community mental	8240
health ~~programs and facilities~~ services;	8241

(b) ~~Assess~~ In cooperation with other local and regional	8242
planning and funding bodies and with relevant ethnic	8243
organizations, assess the community mental health needs, set	8244
priorities, and develop plans for the operation of facilities and	8245
community mental health services ~~and programs, and facilities for~~	8246
~~those services and programs, in cooperation with other local and~~	8247
~~regional planning and funding bodies and with relevant ethnic~~	8248
~~organizations~~;	8249

(c) In accordance with guidelines issued by the director of	8250
mental health after consultation with board representatives,	8251
develop and submit to the department of mental health, no later	8252
than six months prior to the conclusion of the fiscal year in	8253
which the board's current plan is scheduled to expire, a community	8254
mental health plan listing community mental health needs,	8255
including the needs of all residents of the district now residing	8256
in state mental institutions and severely mentally disabled	8257
adults, children, and adolescents; all children subject to a	8258
determination made pursuant to section 121.38 of the Revised Code;	8259
and all the facilities and community mental health ~~programs and~~	8260
~~facilities~~ services that are or will be in operation or provided	8261
during the period for which the plan will be in operation in the	8262
service district to meet such needs.	8263

The plan shall include, but not be limited to, a statement of	8264
which of the services listed in section 340.09 of the Revised Code	8265
the board intends to provide or purchase, an explanation of how	8266
the board intends to make any payments that it may be required to	8267
pay under section 5119.62 of the Revised Code, a statement of the	8268
inpatient and community-based services the board proposes that the	8269
department operate, an assessment of the number and types of	8270
residential facilities needed, and such other information as the	8271
department requests, and a budget for moneys the board expects to	8272
receive. The board shall also submit an allocation request for	8273
state and federal funds. Within sixty days after the department's	8274
determination that the plan and allocation request are complete,	8275
the department shall approve or disapprove the plan and request,	8276
in whole or in part, according to the criteria developed pursuant	8277
to section 5119.61 of the Revised Code. The department's	8278
statement of approval or disapproval shall specify the inpatient	8279
and the community-based services that the department will operate	8280
for the board. Eligibility for financial support shall be	8281
contingent upon an approved plan or relevant part of a plan.	8282

If the director disapproves all or part of any plan, the	8283
director shall inform the board of the reasons for the disapproval	8284
and of the criteria that must be met before the plan may be	8285
approved. The director shall provide the board an opportunity to	8286
present its case on behalf of the plan. The director shall give	8287
the board a reasonable time in which to meet the criteria, and	8288
shall offer the board technical assistance to help it meet the	8289
criteria.	8290

If the approval of a plan remains in dispute thirty days	8291
prior to the conclusion of the fiscal year in which the board's	8292
current plan is scheduled to expire, the board or the director may	8293
request that the dispute be submitted to a mutually agreed upon	8294
third-party mediator with the cost to be shared by the board and	8295
the department. The mediator shall issue to the board and the	8296
department recommendations for resolution of the dispute. Prior to	8297
the conclusion of the fiscal year in which the current plan is	8298
scheduled to expire, the director, taking into consideration the	8299
recommendations of the mediator, shall make a final determination	8300
and approve or disapprove the plan, in whole or in part.	8301

If a board determines that it is necessary to amend a plan or	8302
an allocation request that has been approved under division	8303
(A)(1)(c) of this section, the board shall submit a proposed	8304
amendment to the director. The director may approve or disapprove	8305
all or part of the amendment. If the director does not approve	8306
all or part of the amendment within thirty days after it is	8307
submitted, the amendment or part of it shall be considered to have	8308
been approved. The director shall inform the board of the reasons	8309
for disapproval of all or part of an amendment and of the criteria	8310
that must be met before the amendment may be approved. The	8311
director shall provide the board an opportunity to present its	8312
case on behalf of the amendment. The director shall give the	8313
board a reasonable time in which to meet the criteria, and shall	8314
offer the board technical assistance to help it meet the criteria.	8315

The board shall implement the plan approved by the	8316
department.	8317

(d) Receive, compile, and transmit to the department of	8318
mental health applications for state reimbursement;	8319

(e) Promote, arrange, and implement working agreements with	8320
social agencies, both public and private, and with judicial	8321
agencies.	8322

(2) Investigate, or request another agency to investigate,	8323
any complaint alleging abuse or neglect of any person receiving	8324
services from a community mental health agency as defined in	8325
section 5122.01 of the Revised Code, or from a residential	8326
facility licensed under section 5119.22 of the Revised Code. If	8327
the investigation substantiates the charge of abuse or neglect,	8328
the board shall take whatever action it determines is necessary to	8329
correct the situation, including notification of the appropriate	8330
authorities. Upon request, the board shall provide information	8331
about such investigations to the department.	8332

(3) ~~Review,~~ For the purpose of section 5119.611 of the	8333
Revised Code, cooperate with the director of mental health in	8334
visiting and evaluating whether the services of a community mental	8335
health agency satisfy the certification standards established by	8336
rules adopted under that section;	8337

(4) In accordance with criteria established under division	8338
(G) of section 5119.61 of the Revised Code, review and evaluate,	8339
~~and conduct program audits for~~ the quality, effectiveness, and	8340
efficiency of services provided through its community mental	8341
health ~~services, facilities, and agencies seeking federal, state,~~	8342
~~or board assistance, review licensure applications pursuant to~~	8343
~~section 5119.22 of the Revised Code, and determine if the services~~	8344
~~meet minimum standards established pursuant to division (G) of~~	8345
~~section 5119.01 of the Revised Code~~ plan and submit its findings	8346
and recommendations to the department of mental health;	8347

~~(4)~~(5) In accordance with section 5119.22 of the Revised	8348
Code, review applications for residential facility licenses and	8349
recommend to the department of mental health approval or	8350
disapproval of applications;	8351

(6) Audit, in accordance with rules adopted by the auditor	8352
of state pursuant to section 117.20 of the Revised Code, at least	8353
annually all programs and services provided under contract with	8354
the board. In so doing, the board may contract for or employ the	8355
services of private auditors. A copy of the fiscal audit report	8356
shall be provided to the director of mental health, the auditor of	8357
state, and the county auditor of each county in the board's	8358
district.	8359

~~(5)~~(7) Recruit and promote local financial support for	8360
mental health programs from private and public sources;	8361

~~(6)~~(8)(a) Enter into contracts with public and private	8362
facilities for the operation of facility services included in the	8363
board's community mental health plan and enter into contracts with	8364
public and private community mental health agencies for the	8365
provision of community mental health services ~~and facilities~~	8366
listed in section 340.09 of the Revised Code and included in the	8367
board's community mental health plan. Contracts with community	8368
mental health agencies are subject to section 5119.611 of the	8369
Revised Code. Section 307.86 of the Revised Code does not apply	8370
to contracts entered into under this division. In contracting	8371
with a ~~public or private~~ community mental health agency, a board	8372
shall consider the cost effectiveness of services provided by that	8373
agency and the quality and continuity of care, and may review cost	8374
elements, including salary costs, of the services to be provided.	8375
A utilization review process shall be established as part of the	8376
contract for services entered into between a board and a ~~public or~~	8377
~~private~~ community mental health agency. The board may establish	8378
this process in a way ~~which~~ that is most effective and efficient	8379
in meeting local needs. In the case of a contract with a	8380
community mental health facility described in division (B) of	8381
section 5111.022 of the Revised Code to provide services	8382
established by division (A) of that section, the contract shall	8383
provide for the facility to be paid in accordance with the	8384
contract entered into between the departments of ~~human~~ job and	8385
family services and mental health under division (E) of that	8386
section and any rules adopted under division (A) of section	8387
5119.61 of the Revised Code.	8388

If either the board or a facility or community mental health	8389
agency with which it the board contracts ~~for mental health~~	8390
~~services, programs, or facilities~~ under division (A)(8)(a) of this	8391
section proposes not to renew the contract or proposes substantial	8392
changes in contract terms, the other party shall be given written	8393
notice at least one hundred twenty days before the expiration date	8394
of the contract. During the first sixty days of this one hundred	8395
twenty-day period, both parties shall attempt to resolve any	8396
dispute through good faith collaboration and negotiation in order	8397
to continue to provide services to persons in need. If the	8398
dispute has not been resolved sixty days before the expiration	8399
date of the contract, either party may notify the department of	8400
mental health of the unresolved dispute. The director may require	8401
both parties to submit the dispute to a third party with the cost	8402
to be shared by the board and the facility or community mental	8403
health agency. The third party shall issue to the board, the	8404
facility or agency, and the department recommendations on how the	8405
dispute may be resolved twenty days prior to the expiration date	8406
of the contract, unless both parties agree to a time extension.	8407
The director shall adopt rules establishing the procedures of this	8408
dispute resolution process.	8409

(b) With the prior approval of the director of mental	8410
health, a board may operate a facility or provide a community	8411
mental health service~~, program, or facility~~ as follows, if there	8412
is no other qualified private or public facility or community	8413
mental health agency that is immediately available and willing to	8414
operate such a facility or provide the service~~, program, or~~	8415
~~facility~~:	8416

(i) In an emergency situation, any board may operate a	8417
facility or provide a community mental health service~~, program, or~~	8418
~~facility~~ in order to provide essential services for the duration	8419
of the emergency;	8420

(ii) In a service district with a population of at least one	8421
hundred thousand but less than five hundred thousand, a board may	8422
operate a facility or provide a community mental health service,	8423
~~program, or facility~~ for no longer than one year;	8424

(iii) In a service district with a population of less than	8425
one hundred thousand, a board may operate a facility or provide a	8426
community mental health service~~, program, or facility~~ for no	8427
longer than one year, except that such a board may operate a	8428
facility or provide a community mental health service~~, program, or~~	8429
~~facility~~ for more than one year with the prior approval of the	8430
director and the prior approval of the board of county	8431
commissioners, or of a majority of the boards of county	8432
commissioners if the district is a joint-county district.	8433

The director shall not give a board approval to operate a	8434
facility or provide a community mental health service~~, program, or~~	8435
~~facility~~ under division (A)~~(6)~~(8)(b)(ii) or (iii) of this section	8436
unless the director determines that it is not feasible to have the	8437
department operate the facility or provide the service~~, program,~~	8438
~~or facility~~.	8439

The director shall not give a board approval to operate a	8440
facility or provide a community mental health service~~, program, or~~	8441
~~facility~~ under division (A)~~(6)~~(8)(b)(iii) of this section unless	8442
the director determines that the ~~board's service, program, or~~	8443
~~facility~~ board will provide greater administrative efficiency and	8444
more or better services than would be available if the board	8445
contracted with a private or public facility or community mental	8446
health agency ~~for provision of the services~~.	8447

The director shall not give a board approval to operate a	8448
~~mental health service, program, or~~ facility previously operated by	8449
a ~~community mental health agency~~ person or other government entity	8450
unless the board has established to the director's satisfaction	8451
that the ~~agency~~ person or other government entity cannot	8452
effectively ~~provide~~ operate the ~~service, program, or~~ facility, or	8453
that the ~~agency~~ person or other government entity has requested	8454
the board to take over operation of the ~~service, program, or~~	8455
facility. The director shall not give a board approval to provide	8456
a community mental health service previously provided by a	8457
community mental health agency unless the board has established to	8458
the director's satisfaction that the agency cannot effectively	8459
provide the service or that the agency has requested the board	8460
take over providing the service.	8461

The director shall review and evaluate ~~the~~ a board's	8462
operation of ~~each~~ a facility and provision of community mental	8463
health service~~, program, or facility operated by a board~~ under	8464
division (A)~~(6)~~(8)(b) of this section.	8465

Nothing in division (A)~~(6)~~(8)(b) of this section authorizes a	8466
board to administer or direct the daily operation of any facility	8467
or community mental health agency, but an a facility or agency may	8468
contract with a board to receive administrative services or staff	8469
direction from the board under the direction of the governing body	8470
of the facility or agency.	8471

~~(7)~~(9) Approve fee schedules and related charges or adopt a	8472
unit cost schedule or other methods of payment for contract	8473
services provided by community mental health agencies in	8474
accordance with guidelines issued by the department as necessary	8475
to comply with state and federal laws pertaining to financial	8476
assistance;	8477

~~(8)~~(10) Submit to the director and the county commissioners	8478
of the county or counties served by the board, and make available	8479
to the public, an annual report of the programs under the	8480
jurisdiction of the board, including a fiscal accounting;	8481

~~(9)~~(11) Establish, to the extent resources are available, a	8482
community support system, which provides for treatment, support,	8483
and rehabilitation services and opportunities. The essential	8484
elements of the system include, but are not limited to, the	8485
following components in accordance with section 5119.06 of the	8486
Revised Code:	8487

(a) To locate persons in need of mental health services to	8488
inform them of available services and benefits mechanisms;	8489

(b) Assistance for clients to obtain services necessary to	8490
meet basic human needs for food, clothing, shelter, medical care,	8491
personal safety, and income;	8492

(c) Mental health care, including, but not limited to,	8493
outpatient, partial hospitalization, and, where appropriate,	8494
inpatient care;	8495

(d) Emergency services and crisis intervention;

8496

(e) Assistance for clients to obtain vocational services and	8497
opportunities for jobs;	8498

(f) The provision of services designed to develop social,	8499
community, and personal living skills;	8500

(g) Access to a wide range of housing and the provision of	8501
residential treatment and support;	8502

(h) Support, assistance, consultation, and education for	8503
families, friends, consumers of mental health services, and	8504
others;	8505

(i) Recognition and encouragement of families, friends,	8506
neighborhood networks, especially networks that include racial and	8507
ethnic minorities, churches, community organizations, and	8508
meaningful employment as natural supports for consumers of mental	8509
health services;	8510

(j) Grievance procedures and protection of the rights of	8511
consumers of mental health services;	8512

(k) Case management, which includes continual individualized	8513
assistance and advocacy to ensure that needed services are offered	8514
and procured.	8515

~~(10)~~(12) Designate the treatment program, agency, or	8516
facility for each person involuntarily committed to the board	8517
pursuant to Chapter 5122. of the Revised Code and authorize	8518
payment for such treatment. The board shall provide the least	8519
restrictive and most appropriate alternative that is available for	8520
any person involuntarily committed to it and shall assure that the	8521
services listed in section 340.09 of the Revised Code are	8522
available to severely mentally disabled persons residing within	8523
its service district. The board shall establish the procedure for	8524
authorizing payment for services, which may include prior	8525
authorization in appropriate circumstances. The board may provide	8526
for services directly to a severely mentally disabled person when	8527
life or safety is endangered and when no community mental health	8528
agency is available to provide the service.	8529

~~(11)~~(13) Establish a method for evaluating referrals for	8530
involuntary commitment and affidavits filed pursuant to section	8531
5122.11 of the Revised Code in order to assist the probate	8532
division of the court of common pleas in determining whether there	8533
is probable cause that a respondent is subject to involuntary	8534
hospitalization and what alternative treatment is available and	8535
appropriate, if any.;	8536

~~(12)~~(14) Ensure that apartments or rooms built, subsidized,	8537
renovated, rented, owned, or leased by the board or a community	8538
mental health agency have been approved as meeting minimum fire	8539
safety standards and that persons residing in the rooms or	8540
apartments are receiving appropriate and necessary services,	8541
including culturally relevant services, from a community mental	8542
health agency. This division does not apply to residential	8543
facilities licensed pursuant to section 5119.22 of the Revised	8544
Code.	8545

~~(13)~~(15) Establish a mechanism for involvement of consumer	8546
recommendation and advice on matters pertaining to mental health	8547
services in the alcohol, drug addiction, and mental health service	8548
district;	8549

~~(14)~~(16) Perform the duties under section 3722.18 of the	8550
Revised Code required by rules adopted under section 5119.61 of	8551
the Revised Code regarding referrals by the board or mental health	8552
agencies under contract with the board of individuals with mental	8553
illness or severe mental disability to adult care facilities and	8554
effective arrangements for ongoing mental health services for the	8555
individuals. The board is accountable in the manner specified in	8556
the rules for ensuring that the ongoing mental health services are	8557
effectively arranged for the individuals.	8558

(B) The board shall establish such rules, operating	8559
procedures, standards, and bylaws, and perform such other duties	8560
as may be necessary or proper to carry out the purposes of this	8561
chapter.	8562

(C) A board of alcohol, drug addiction, and mental health	8563
services may receive by gift, grant, devise, or bequest any	8564
moneys, lands, or property for the benefit of the purposes for	8565
which the board is established, and may hold and apply it	8566
according to the terms of the gift, grant, or bequest. All money	8567
received, including accrued interest, by gift, grant, or bequest	8568
shall be deposited in the treasury of the county, the treasurer of	8569
which is custodian of the alcohol, drug addiction, and mental	8570
health services funds to the credit of the board and shall be	8571
available for use by the board for purposes stated by the donor or	8572
grantor.	8573

(D) No board member or employee of a board of alcohol, drug	8574
addiction, and mental health services shall be liable for injury	8575
or damages caused by any action or inaction taken within the scope	8576
of the board member's official duties or the employee's	8577
employment, whether or not such action or inaction is expressly	8578
authorized by this section, section 340.033, or any other section	8579
of the Revised Code, unless such action or inaction constitutes	8580
willful or wanton misconduct. Chapter 2744. of the Revised Code	8581
applies to any action or inaction by a board member or employee of	8582
a board taken within the scope of the board member's official	8583
duties or employee's employment. For the purposes of this	8584
division, the conduct of a board member or employee shall not be	8585
considered willful or wanton misconduct if the board member or	8586
employee acted in good faith and in a manner that the board member	8587
or employee reasonably believed was in or was not opposed to the	8588
best interests of the board and, with respect to any criminal	8589
action or proceeding, had no reasonable cause to believe the	8590
conduct was unlawful.	8591

(E) The meetings held by any committee established by a	8592
board of alcohol, drug addiction, and mental health services shall	8593
be considered to be meetings of a public body subject to section	8594
121.22 of the Revised Code.	8595

Sec. 340.08. The community mental health plan prepared	8596
pursuant to division (A)~~(3)~~(1)(c) of section 340.03 of the Revised	8597
Code constitutes an application for funds from the department of	8598
mental health. The director of mental health shall distribute	8599
funds to the board pursuant to section 5119.62 of the Revised	8600
Code. The director shall review the budgets and expenditures of	8601
the various facilities, and community mental health agencies~~, and~~	8602
~~programs~~ receiving funds periodically during the year. The	8603
director may charge against the county or counties any overpayment	8604
of state funds allocated to the program, and the county or	8605
counties shall reimburse the treasurer of state the amount of the	8606
overpayment if the overpayment exceeds the total moneys allocated	8607
to but not yet received by the county or counties.	8608

Sec. 340.091. Each board of alcohol, drug addiction, and	8609
mental health services shall contract with a community mental	8610
health agency under division (A)~~(6)~~(8)(a) of section 340.03 of the	8611
Revised Code for the agency to do all of the following in	8612
accordance with rules adopted under section 5119.61 of the Revised	8613
Code for an individual referred to the agency under division	8614
(C)(2) of section 173.35 of the Revised Code:	8615

(A) Assess the individual to determine whether to recommend	8616
that a PASSPORT administrative agency determine that the	8617
environment in which the individual will be living while receiving	8618
residential state supplement payments is appropriate for the	8619
individual's needs and, if it determines the environment is	8620
appropriate, issue the recommendation to the PASSPORT	8621
administrative agency;	8622

(B) Provide ongoing monitoring to ensure that services	8623
provided under section 340.09 of the Revised Code are available to	8624
the individual;	8625

(C) Provide discharge planning to ensure the individual's	8626
earliest possible transition to a less restrictive environment.	8627

Sec. 340.16. Not later than ninety days after the effective	8628
date of this section, the department of mental health and the	8629
department of job and family services shall adopt rules that	8630
establish requirements and procedures for prior notification and	8631
service coordination between public children services agencies and	8632
boards of alcohol, drug addiction, and mental health services when	8633
a public children services agency refers a child in its custody to	8634
a board for services funded by the board. The rules shall be	8635
adopted in accordance with Chapter 119. of the Revised Code.	8636

The department of mental health and department of job and	8637
family services shall collaborate in formulating a plan that	8638
delineates the funding responsibilities of public children	8639
services agencies and boards of alcohol, drug addiction, and	8640
mental health services for services provided under section	8641
5111.022 of the Revised Code to children in the custody of public	8642
children services agencies. The departments shall complete the	8643
plan not later than ninety days after the effective date of this	8644
section.	8645

Sec. 349.01. As used in this chapter:

8646

(A) "New community" means a community or an addition to an	8647
existing community planned pursuant to this chapter so that it	8648
includes facilities for the conduct of industrial, commercial,	8649
residential, cultural, educational, and recreational activities,	8650
and designed in accordance with planning concepts for the	8651
placement of utility, open space, and other supportive facilities.	8652

(B) "New community development program" means a program for	8653
the development of a new community characterized by well-balanced	8654
and diversified land use patterns and which includes land	8655
acquisition and land development, the acquisition, construction,	8656
operation, and maintenance of community facilities, and the	8657
provision of services authorized in ~~sections 349.01 to 349.16 of~~	8658
~~the Revised Code~~ this chapter.	8659

(C) "New community district" means the area of land described	8660
by the developer in the petition as set forth in division (A) of	8661
section 349.03 of the Revised Code for development as a new	8662
community and any lands added to ~~such~~ the district by amendment of	8663
the resolution establishing the community authority.	8664

(D) "New community authority" means a body corporate and	8665
politic in this state, established pursuant to section 349.03 of	8666
the Revised Code and governed by a board of trustees as provided	8667
in section 349.04 of the Revised Code.	8668

(E) "Developer" means any person, organized for carrying out	8669
a new community development program who owns or controls, through	8670
leases of at least seventy-five years' duration, options, or	8671
contracts to purchase, the land within a new community district,	8672
or any ~~municipality~~ municipal corporation, county, or port	8673
authority that owns the land within a new community district, or	8674
has the ability to acquire such land, either by voluntary	8675
acquisition or condemnation in order to eliminate slum, blighted,	8676
and deteriorated or deteriorating areas and to prevent the	8677
recurrence thereof.	8678

(F) "Organizational board of commissioners" means, if the new	8679
community district is located in only one county, the board of	8680
county commissioners of such county; if located in more than one	8681
county, a board consisting of the members of the board of county	8682
commissioners of each of the counties in which the district is	8683
located, provided that action of such board shall require a	8684
majority vote of the members of each separate board of county	8685
commissioners; or, if more than half of the new community district	8686
is located within the boundaries of the most populous municipal	8687
corporation of a county, the legislative authority of the	8688
municipal corporation.	8689

(G) "Land acquisition" means the acquisition of real property	8690
and interests in real property as part of a new community	8691
development program.	8692

(H) "Land development" means the process of clearing and	8693
grading land, making, installing, or constructing water	8694
distribution systems, sewers, sewage collection systems, steam,	8695
gas, and electric lines, roads, streets, curbs, gutters,	8696
sidewalks, storm drainage facilities, and other installations or	8697
work, whether within or without the new community district, and	8698
the construction of community facilities.	8699

(I) "Community facilities" means all real property,	8700
buildings, structures, or other facilities, including related	8701
fixtures, equipment, and furnishings, to be owned, operated,	8702
financed, constructed, and maintained under this chapter,	8703
including public, community, village, neighborhood, or town	8704
buildings, centers and plazas, auditoriums, day care centers,	8705
recreation halls, educational facilities, hospital facilities as	8706
defined in section 140.01 of the Revised Code, recreational	8707
facilities, natural resource facilities, including parks and other	8708
open space land, lakes and streams, cultural facilities, community	8709
streets, pathway and bikeway systems, pedestrian underpasses and	8710
overpasses, lighting facilities, design amenities, or other	8711
community facilities, and buildings needed in connection with	8712
water supply or sewage disposal installations or steam, gas, or	8713
electric lines or installation.	8714

(J) "Cost" as applied to a new community development program	8715
means all costs related to land acquisition and land development,	8716
the acquisition, construction, maintenance, and operation of	8717
community facilities and offices of the community authority, and	8718
of providing furnishings and equipment therefor, financing charges	8719
including interest prior to and during construction and for the	8720
duration of the new community development program, planning	8721
expenses, engineering expenses, administrative expenses including	8722
working capital, and all other expenses necessary and incident to	8723
the carrying forward of the new community development program.	8724

(K) "Income source" means any and all sources of income to	8725
the community authority, including community development charges	8726
of which the new community authority is the beneficiary as	8727
provided in section 349.07 of the Revised Code, rentals, user fees	8728
and other charges received by the new community authority, any	8729
gift or grant received, any moneys received from any funds	8730
invested by or on behalf of the new community authority, and	8731
proceeds from the sale or lease of land and community facilities.	8732

(L) "Community development charge" means a dollar amount	8733
which shall be determined on the basis of the assessed valuation	8734
of real property or interests in real property in a new community	8735
district sold, leased, or otherwise conveyed by the developer or	8736
the new community authority, the income of the residents of such	8737
property subject to such charge under section 349.07 of the	8738
Revised Code, if such property is devoted to residential uses or	8739
to the profits of any business, a uniform fee on each parcel of	8740
such real property originally sold, leased, or otherwise conveyed	8741
by the developer or new community authority, or any combination of	8742
the foregoing bases.	8743

(M) "Proximate city" means any city that, as of the date of	8744
filing of the petition under section 349.03 of the Revised Code,	8745
is the most populous city of the county in which the proposed new	8746
community district is located, is the most populous city of an	8747
adjoining county if any portion of such city is within five miles	8748
of any part of the boundaries of such district, or exercises	8749
extraterritorial subdivision authority under section 711.09 of the	8750
Revised Code with respect to any part of such district.	8751

Sec. 503.162. (A) After certification of a resolution as	8752
provided in section 503.161 of the Revised Code, the board of	8753
elections shall submit the question of whether the township's name	8754
shall be changed to the electors of the unincorporated area of the	8755
township in accordance with division (C) of that section, and the	8756
ballot language shall be substantially as follows:	8757

"Shall the township of .......... (name) change its name to	8758
........ (proposed name)?	8759

.......... For name change

8760

.......... Against name change"

8761

(B) At least forty-five days before the election on this	8762
question, the board of township trustees shall provide notice of	8763
the election and an explanation of the proposed name change in a	8764
newspaper of general circulation in the township for three	8765
consecutive weeks and shall post the notice and explanation in	8766
five conspicuous places in the unincorporated area of the	8767
township.	8768

(C) If a majority of the votes cast on the proposition of	8769
changing the township's name is in the affirmative, the name	8770
change is adopted and becomes effective ninety days after the	8771
board of elections certifies the election results to the clerk of	8772
the township. Upon receipt of the certification of the election	8773
results from the board of elections, the clerk of the township	8774
shall send a copy of that certification to the secretary of state	8775
~~and to the state and local government commission of Ohio~~.	8776

(D) A change in the name of a township shall not alter the	8777
rights or liabilities of the township as previously named.	8778

Sec. 504.03. (A)(1) If a limited home rule government is	8779
adopted pursuant to section 504.02 of the Revised Code, it shall	8780
remain in effect for at least three years except as otherwise	8781
provided in division (B) of this section. At the end of that	8782
period, if the board of township trustees determines that that	8783
government is not in the best interests of the township, it may	8784
adopt a resolution causing the board of elections to submit to the	8785
electors of the unincorporated area of the township the question	8786
of whether the township should continue the limited home rule	8787
government. The question shall be voted upon at the next general	8788
election occurring at least seventy-five days after the	8789
certification of the resolution to the board of elections. After	8790
certification of the resolution, the board of elections shall	8791
submit the question to the electors of the unincorporated area of	8792
the township, and the ballot language shall be substantially as	8793
follows:	8794

"Shall the township of ........... (name) continue the	8795
limited home rule government under which it is operating?	8796

......		For continuation of the limited home rule government		8797
......		Against continuation of the limited home rule government"		8798

(2) At least forty-five days before the election on the	8799
question of continuing the limited home rule government, the board	8800
of township trustees shall have notice of the election published	8801
in a newspaper of general circulation in the township for three	8802
consecutive weeks and have the notice posted in five conspicuous	8803
places in the unincorporated area of the township.	8804

(B) The electors of a township that has adopted a limited	8805
home rule government may propose at any time by initiative	8806
petition, in accordance with section 504.14 of the Revised Code, a	8807
resolution submitting to the electors in the unincorporated area	8808
of the township, in an election, the question set forth in	8809
division (A)(1) of this section.	8810

(C) If a majority of the votes cast under division (A) or	8811
(B) of this section on the proposition of continuing the limited	8812
home rule government is in the negative, that government is	8813
terminated effective on the first day of January immediately	8814
following the election, and a limited home rule government shall	8815
not be adopted in the unincorporated area of the township pursuant	8816
to section 504.02 of the Revised Code for at least three years	8817
after that date.	8818

(D) If a limited home rule government is terminated ~~pursuant~~	8819
to under this section, the board of township trustees immediately	8820
shall adopt a resolution repealing all resolutions adopted	8821
pursuant to this chapter that are not authorized by any other	8822
section of the Revised Code outside this chapter, effective on the	8823
first day of January immediately following the election described	8824
in division (A) or (B) of this section. However, no resolution	8825
adopted under this division shall affect or impair the obligations	8826
of the township under any security issued or contracts entered	8827
into by the township in connection with the financing of any water	8828
supply facility or sewer improvement under sections 504.18 to	8829
504.20 of the Revised Code or the authority of the township to	8830
collect or enforce any assessments or other revenues constituting	8831
security for or source of payments of debt service charges of	8832
those securities.	8833

(E) Upon the termination of a limited home rule government	8834
under this section, if the township had converted its board of	8835
township trustees to a five-member board under section 504.21 of	8836
the Revised Code, the current board member who received the lowest	8837
number of votes of the current board members who were elected at	8838
the most recent election for township trustees, and the current	8839
board member who received the lowest number of votes of the	8840
current board members who were elected at the second most recent	8841
election for township trustees, shall cease to be township	8842
trustees on the date that the limited home rule government	8843
terminates. Their offices likewise shall cease to exist at that	8844
time, and the board shall continue as a three-member board as	8845
provided in section 505.01 of the Revised Code.	8846

Sec. 504.04. (A) A township that adopts a limited home rule	8847
government may do all of the following by resolution, provided	8848
that any of these resolutions, other than a resolution to supply	8849
water or sewer services in accordance with sections 504.18 to	8850
504.20 of the Revised Code, may be enforced only by the imposition	8851
of civil fines as authorized in this chapter:	8852

(1) Exercise all powers of local self-government within the	8853
unincorporated area of the township, other than powers that are in	8854
conflict with general laws, except that the township shall comply	8855
with the requirements and prohibitions of this chapter, and shall	8856
enact no taxes other than those authorized by general law, and	8857
except that no resolution adopted pursuant to this chapter shall	8858
encroach upon the powers, duties, and privileges of elected	8859
township officers or change, alter, combine, eliminate, or	8860
otherwise modify the form or structure of the township government	8861
unless the change is required or permitted by this chapter;	8862

(2) Adopt and enforce within the unincorporated area of the	8863
township local police, sanitary, and other similar regulations	8864
that are not in conflict with general laws or otherwise prohibited	8865
by division (B) of this section;	8866

(3) Supply water and sewer services to users within the	8867
unincorporated area of the township in accordance with sections	8868
504.18 to 504.20 of the Revised Code.	8869

(B) No resolution adopted pursuant to this chapter shall do	8870
any of the following:	8871

(1) Create a criminal offense or impose criminal penalties,	8872
except as authorized by division (A) of this section;	8873

(2) Impose civil fines other than as authorized by this	8874
chapter;	8875

(3) Establish or revise subdivision regulations, road	8876
construction standards, urban sediment rules, or storm water and	8877
drainage regulations;	8878

(4) Establish or revise building standards, building codes,	8879
and other standard codes except as provided in section 504.13 of	8880
the Revised Code;	8881

(5) Increase, decrease, or otherwise alter the powers or	8882
duties of a township under any other chapter of the Revised Code	8883
pertaining to agriculture or the conservation or development of	8884
natural resources;	8885

(6) Establish regulations affecting hunting, trapping,	8886
fishing, or the possession, use, or sale of firearms;	8887

(7) Establish or revise water or sewer regulations, except	8888
in accordance with sections 504.18 and 504.19 of the Revised Code.	8889

Nothing in this chapter shall be construed as affecting the	8890
powers of counties with regard to the subjects listed in divisions	8891
(B)(3) to (5) of this section.	8892

(C) Under a limited home rule government, all officers shall	8893
have the qualifications, and be nominated, elected, or appointed,	8894
as provided in Chapter 505. of the Revised Code, except that the	8895
board of township trustees shall appoint a full-time or part-time	8896
law director pursuant to section 504.15 of the Revised Code, and	8897
except that section 504.21 of the Revised Code also shall apply if	8898
a five-member board of township trustees is approved for the	8899
township.	8900

(D) In case of conflict between resolutions enacted by a	8901
board of township trustees and municipal ordinances or	8902
resolutions, the ordinance or resolution enacted by the municipal	8903
corporation prevails. In case of conflict between resolutions	8904
enacted by a board of township trustees and any county resolution,	8905
the resolution enacted by the board of township trustees prevails.	8906

Sec. 504.21. (A) By a unanimous vote, the board of township	8907
trustees of a limited home rule township may pass a resolution to	8908
place on the ballot at the next general election described in this	8909
division the question of whether the board should be converted	8910
to a five-member board. Upon passage of the resolution, the	8911
question shall be voted upon at the next general election	8912
occurring at least seventy-five days after the board certifies	8913
the resolution to the board of elections.	8914

(B) If a majority of the votes cast on the question of	8915
converting the board of township trustees to a five-member board	8916
is in the affirmative, at the next election at which any members	8917
of the board are elected, two additional board members shall be	8918
elected, one for a four-year term of office and the other for a	8919
two-year term of office. Their successors thereafter shall be	8920
elected for four-year terms of office.	8921

(C) If a board of township trustees is converted to a	8922
five-member board, the board members shall be elected by	8923
determining which individuals receive the highest number of votes	8924
from a slate of candidates running for the office of township	8925
trustee. If the first election after a township converts its	8926
board of township trustees to a five-member board is an election	8927
for three four-year term members and one two-year term member, the	8928
three candidates who receive the highest number of votes from the	8929
slate of candidates for township trustee shall serve a four-year	8930
term and the candidate who receives the fourth highest number of	8931
votes from that slate of candidates shall serve a two-year term.	8932

Sec. 505.24. Each township trustee is entitled to	8933
compensation as follows:	8934

(A) Except as otherwise provided in division (B) of this	8935
section, an amount for each day of service in the business of the	8936
township, to be paid from the township treasury as follows:	8937

(1) In townships having a budget of fifty thousand dollars	8938
or less, twenty dollars per day for not more than two hundred	8939
days;	8940

(2) In townships having a budget of more than fifty thousand	8941
but not more than one hundred thousand dollars, twenty-four	8942
dollars per day for not more than two hundred days;	8943

(3) In townships having a budget of more than one hundred	8944
thousand but not more than two hundred fifty thousand dollars,	8945
twenty-eight dollars and fifty cents per day for not more than two	8946
hundred days;	8947

(4) In townships having a budget of more than two hundred	8948
fifty thousand but not more than five hundred thousand dollars,	8949
thirty-three dollars per day for not more than two hundred days;	8950

(5) In townships having a budget of more than five hundred	8951
thousand but not more than seven hundred fifty thousand dollars,	8952
thirty-five dollars per day for not more than two hundred days;	8953

(6) In townships having a budget of more than seven hundred	8954
fifty thousand but not more than one million five hundred thousand	8955
dollars, forty dollars per day for not more than two hundred days;	8956

(7) In townships having a budget of more than one million	8957
five hundred thousand but not more than three million five hundred	8958
thousand dollars, forty-four dollars per day for not more than two	8959
hundred days;	8960

(8) In townships having a budget of more than three million	8961
five hundred thousand dollars but not more than six million	8962
dollars, forty-eight dollars per day for not more than two hundred	8963
days;	8964

(9) In townships having a budget of more than six million	8965
dollars, fifty-two dollars per day for not more than two hundred	8966
days.	8967

(B) Beginning in calendar year 1999, the amounts paid as	8968
specified in division (A) of this section shall be replaced by the	8969
following amounts:	8970

(1) In calendar year 1999, the amounts specified in division	8971
(A) of this section increased by three per cent;	8972

(2) In calendar year 2000, the amounts determined under	8973
division (B)(1) of this section increased by three per cent;	8974

(3) In calendar year 2001, the amounts determined under	8975
division (B)(2) of this section increased by three per cent;	8976

(4) In calendar year 2002, except in townships having a	8977
budget of more than six million dollars, the amounts determined	8978
under division (B)(3) of this section increased by three per cent;	8979
in townships having a budget of more than six million but not more	8980
than ten million dollars, seventy dollars per day for not more	8981
than two hundred days; and in townships having a budget of more	8982
than ten million dollars, ninety dollars per day for not more than	8983
two hundred days;	8984

(5) In calendar years 2003 through 2008, the amounts	8985
determined under division (B) of this section for the immediately	8986
preceding calendar year increased by the lesser of the following:	8987

(a) Three per cent;

8988

(b) The percentage increase, if any, in the consumer price	8989
index over the twelve-month period that ends on the thirtieth day	8990
of September of the immediately preceding calendar year, rounded	8991
to the nearest one-tenth of one per cent;	8992

(6) In calendar year 2009 and thereafter, the amount	8993
determined under division (B) of this section for calendar year	8994
2008.	8995

As used in division (B) of this section, "consumer price	8996
index" has the same meaning as in section 325.18 of the Revised	8997
Code.	8998

(C) Whenever members of a board of township trustees are	8999
compensated per diem and not by annual salary, the board shall	9000
establish, by resolution, a method by which each member of the	9001
board shall periodically notify the township clerk of the number	9002
of days spent in the service of the township and the kinds of	9003
services rendered on those days. The per diem compensation shall	9004
be paid from the township general fund or from other township	9005
funds in such proportions as the kinds of services performed may	9006
require. The notice shall be filed with the township clerk and	9007
preserved for inspection by any persons interested.	9008

By unanimous vote, a board of township trustees may adopt a	9009
method of compensation consisting of an annual salary to be paid	9010
in equal monthly payments. If the office of trustee is held by	9011
more than one person during any calendar year, each person holding	9012
the office shall receive payments for only those months, and any	9013
fractions of those months, during which the person holds the	9014
office. The amount of the annual salary approved by the board	9015
shall be no more than the maximum amount that could be received	9016
annually by a trustee if the trustee were paid on a per diem basis	9017
as specified in this division, and shall be paid from the township	9018
general fund or from other township funds in such proportions as	9019
the board may specify by resolution. A board of township trustees	9020
that has adopted a salary method of compensation may return to a	9021
method of compensation on a per diem basis as specified in this	9022
division by a majority vote. Any change in the method of	9023
compensation shall be effective on the first day of January of the	9024
year following the year during which the board has voted to change	9025
the method of compensation.	9026

Sec. 507.09. (A) Except as otherwise provided in division	9027
(D) of this section, the township clerk shall be entitled to	9028
compensation as follows:	9029

(1) In townships having a budget of fifty thousand dollars	9030
or less, three thousand five hundred dollars;	9031

(2) In townships having a budget of more than fifty thousand	9032
but not more than one hundred thousand dollars, five thousand five	9033
hundred dollars;	9034

(3) In townships having a budget of more than one hundred	9035
thousand but not more than two hundred fifty thousand dollars,	9036
seven thousand seven hundred dollars;	9037

(4) In townships having a budget of more than two hundred	9038
fifty thousand but not more than five hundred thousand dollars,	9039
nine thousand nine hundred dollars;	9040

(5) In townships having a budget of more than five hundred	9041
thousand but not more than seven hundred fifty thousand dollars,	9042
eleven thousand dollars;	9043

(6) In townships having a budget of more than seven hundred	9044
fifty thousand but not more than one million five hundred thousand	9045
dollars, thirteen thousand two hundred dollars;	9046

(7) In townships having a budget of more than one million	9047
five hundred thousand but not more than three million five hundred	9048
thousand dollars, fifteen thousand four hundred dollars;	9049

(8) In townships having a budget of more than three million	9050
five hundred thousand dollars but not more than six million	9051
dollars, sixteen thousand five hundred dollars;	9052

(9) In townships having a budget of more than six million	9053
dollars, seventeen thousand six hundred dollars.	9054

(B) Any township clerk may elect to receive less than the	9055
compensation the clerk is entitled to under division (A) of this	9056
section. Any clerk electing to do this shall so notify the board	9057
of township trustees in writing, and the board shall include this	9058
notice in the minutes of its next board meeting.	9059

(C) The compensation of the township clerk shall be paid in	9060
equal monthly payments. If the office of clerk is held by more	9061
than one person during any calendar year, each person holding the	9062
office shall receive payments for only those months, and any	9063
fractions of those months, during which the person holds the	9064
office.	9065

(D) Beginning in calendar year 1999, the township clerk	9066
shall be entitled to compensation as follows:	9067

(1) In calendar year 1999, the compensation specified in	9068
division (A) of this section increased by three per cent;	9069

(2) In calendar year 2000, the compensation determined under	9070
division (D)(1) of this section increased by three per cent;	9071

(3) In calendar year 2001, the compensation determined under	9072
division (D)(2) of this section increased by three per cent;	9073

(4) In calendar year 2002, except in townships having a	9074
budget of more than six million dollars, the compensation	9075
determined under division (D)(3) of this section increased by	9076
three per cent; in townships having a budget of more than six	9077
million but not more than ten million dollars, nineteen thousand	9078
eight hundred ten dollars; and in townships having a budget of	9079
more than ten million dollars, twenty thousand nine hundred	9080
dollars;	9081

(5) In calendar years 2003 through 2008, the compensation	9082
determined under division (D) of this section for the immediately	9083
preceding calendar year increased by the lesser of the following:	9084

(a) Three per cent;

9085

(b) The percentage increase, if any, in the consumer price	9086
index over the twelve-month period that ends on the thirtieth day	9087
of September of the immediately preceding calendar year, rounded	9088
to the nearest one-tenth of one per cent;	9089

(6) In calendar year 2009 and thereafter, the amount	9090
determined under division (D) of this section for calendar year	9091
2008.	9092

As used in this division, "consumer price index" has the same	9093
meaning as in section 325.18 of the Revised Code.	9094

Sec. 737.03. The director of public safety shall manage, and	9095
make all contracts with reference to the police stations, fire	9096
houses, reform schools, infirmaries, hospitals, workhouses, farms,	9097
pesthouses, and all other charitable and reformatory institutions.	9098
In the control and supervision of ~~such~~ those institutions, the	9099
director shall be governed by the provisions of Title VII of the	9100
Revised Code relating to ~~such~~ those institutions.	9101

~~Such~~ The director may make all contracts and expenditures of	9102
money for acquiring lands for the erection or repairing of station	9103
houses, police stations, fire department buildings, fire cisterns,	9104
and plugs, that are required, for the purchase of engines,	9105
apparatus, and all other supplies necessary for the police and	9106
fire departments, and for other undertakings and departments under	9107
~~his~~ the director's supervision, but no obligation involving an	9108
expenditure of more than ~~ten~~ fifteen thousand dollars shall be	9109
created unless first authorized and directed by ordinance. In	9110
making, altering, or modifying ~~such~~ those contracts, the director	9111
shall be governed by sections 735.05 to 735.09 of the Revised	9112
Code, except that all bids shall be filed with and opened by ~~such~~	9113
the director. He The director shall make no sale or disposition of	9114
any property belonging to the city without first being authorized	9115
by resolution or ordinance of the city legislative authority.	9116

Sec. 901.43. (A) The director of agriculture may authorize	9117
any department of agriculture laboratory to perform a laboratory	9118
service for any person, organization, political subdivision, state	9119
agency, federal agency, or other entity, whether public or	9120
private. The director shall adopt and enforce rules to provide	9121
for the rendering of a laboratory service.	9122

(B) The director may charge a reasonable fee for the	9123
performance of a laboratory service, except when the service is	9124
performed on an official sample taken by the director acting	9125
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	9126
Revised Code; by a board of health acting as the licensor of	9127
retail food establishments or food service operations under	9128
Chapter 3717. of the Revised Code; or by the director of health	9129
acting as the licensor of food service operations under Chapter	9130
3717. of the Revised Code. The director of agriculture shall	9131
adopt rules specifying what constitutes an official sample.	9132

The director shall publish a list of laboratory services	9133
offered, together with the fee for each service.	9134

(C) The director may enter into a contract with any person,	9135
organization, political subdivision, state agency, federal agency,	9136
or other entity for the provision of a laboratory service.	9137

(D)(1) The director may adopt rules establishing standards	9138
for accreditation of laboratories and laboratory services and in	9139
doing so may adopt by reference existing or recognized standards	9140
or practices.	9141

(2) The director may inspect and accredit laboratories and	9142
laboratory services, and may charge a reasonable fee for the	9143
inspections and accreditation.	9144

(E)(1) All moneys collected by the director under this	9145
section that are from fees generated by a laboratory service	9146
performed by the department and related to the diseases of	9147
animals, and all moneys so collected that are from fees generated	9148
for the inspection and accreditation of laboratories and	9149
laboratory services related to the diseases of animals, shall be	9150
deposited in the animal industry laboratory fund, which is hereby	9151
created in the state treasury. The director shall use the moneys	9152
in the animal industry laboratory fund to pay the expenses	9153
necessary to operate the animal industry laboratory, including the	9154
purchase of supplies and equipment ~~for the laboratory that~~	9155
~~provides laboratory services related to the diseases of animals~~.	9156

(2) All moneys collected by the director under this section	9157
that are from fees generated by a laboratory service performed by	9158
the consumer analytical laboratory, and all moneys so collected	9159
that are from fees generated for the inspection and accreditation	9160
of laboratories and laboratory services not related to weights and	9161
measures or the diseases of animals, shall be deposited in the	9162
laboratory services fund, which is hereby created in the state	9163
treasury. The moneys held in the fund may be used to pay the	9164
expenses necessary to operate the consumer analytical laboratory,	9165
including the purchase of supplies and equipment.	9166

(3) All moneys collected by the director under this section	9167
that are from fees generated by a laboratory service performed by	9168
the weights and measures laboratory, and all moneys so collected	9169
that are from fees generated for the inspection and accreditation	9170
of laboratories and laboratory services related to weights and	9171
measures, shall be deposited in the weights and measures	9172
laboratory fund, which is hereby created in the state treasury.	9173
The moneys held in the fund may be used to pay the expenses	9174
necessary to operate the division of weights and measures,	9175
including the purchase of supplies and equipment.	9176

Sec. 901.63. (A) The agricultural financing commission	9177
shall do both of the following until July 1, ~~2001~~ 2003:	9178

(1) Make recommendations to the director of agriculture	9179
about financial assistance applications made pursuant to sections	9180
901.80 to 901.83 of the Revised Code. In making its	9181
recommendations, the commission shall utilize criteria established	9182
by rules adopted under division (A)(8)(b) of section 901.82 of the	9183
Revised Code.	9184

(2) Advise the director in the administration of sections	9185
901.80 to 901.83 of the Revised Code.	9186

With respect to sections 901.80 to 901.83 of the Revised	9187
Code, the role of the commission is solely advisory. No officer,	9188
member, or employee of the commission is liable for damages in a	9189
civil action for any injury, death, or loss to person or property	9190
that allegedly arises out of purchasing any loan or providing a	9191
loan guarantee, failure to purchase a loan or provide a loan	9192
guarantee, or failure to take action under sections 901.80 to	9193
901.83 of the Revised Code, or that allegedly arises out of any	9194
act or omission of the department of agriculture that involves	9195
those sections.	9196

(B) The commission may:

9197

(1) Adopt bylaws for the conduct of its business;

9198

(2) Exercise all rights, powers, and duties conferred on the	9199
commission as an issuer under Chapter 902. of the Revised Code;	9200

(3) Contract with, retain, or designate financial	9201
consultants, accountants, and such other consultants and	9202
independent contractors as the commission may determine to be	9203
necessary or appropriate to carry out the purposes of this chapter	9204
and to fix the terms of those contracts;	9205

(4) Undertake and carry out or authorize the completion of	9206
studies and analyses of agricultural conditions and needs within	9207
the state relevant to the purpose of this chapter to the extent	9208
not otherwise undertaken by other departments or agencies of the	9209
state satisfactory for ~~such~~ that purpose;	9210

(5) Acquire by gift, purchase, foreclosure, or other means,	9211
and hold, assign, pledge, lease, transfer, or otherwise dispose	9212
of, real and personal property, or any interest in that real and	9213
personal property, in the exercise of its powers and the	9214
performance of its duties under this chapter and Chapter 902. of	9215
the Revised Code;	9216

(6) Receive and accept gifts, grants, loans, or any other	9217
financial or other form of aid from any federal, state, local, or	9218
private agency or fund and enter into any contract with any such	9219
agency or fund in connection therewith, and receive and accept aid	9220
or contributions from any other source of money, property, labor,	9221
or things of value, to be held, used, and applied only for the	9222
purposes for which ~~such~~ the grants and contributions are made, all	9223
within the purposes of this chapter and Chapter 902. of the	9224
Revised Code;	9225

(7) Sue and be sued in its own name with respect to its	9226
contracts or to enforce this chapter or its obligations or	9227
covenants made under this chapter and Chapter 902. of the Revised	9228
Code;	9229

(8) Make and enter into all contracts, commitments, and	9230
agreements, and execute all instruments necessary or incidental to	9231
the performance of its duties and the execution of its powers	9232
under this chapter and Chapter 902. of the Revised Code;	9233

(9) Adopt an official seal;

9234

(10) Do any and all things necessary or appropriate to carry	9235
out the public purposes and exercise the powers granted to the	9236
commission in this chapter and Chapter 902. of the Revised Code	9237
and the public purposes of Section 13 of Article VIII, Ohio	9238
Constitution.	9239

Any instrument by which real property is acquired pursuant to	9240
this section shall identify the agency of the state that has the	9241
use and benefit of the real property as specified in section	9242
5301.012 of the Revised Code.	9243

Sec. 901.81. (A) As used in this section and sections	9244
901.82 and 901.83 of the Revised Code:	9245

(1) "Financial institution" means any banking corporation;	9246
trust company; savings and loan association; building and loan	9247
association; or corporation, partnership, or other institution	9248
that is engaged in lending or investing funds for agricultural or	9249
other business purposes and that is eligible to become a	9250
depository for public moneys under section 135.03 of the Revised	9251
Code.	9252

(2) "Eligible applicant" means a person who has made all of	9253
the demonstrations enumerated in division (B) of section 901.82 of	9254
the Revised Code.	9255

(B) A financial institution that wishes to participate in	9256
the program established under section 901.80 of the Revised Code	9257
shall accept and review applications for loans from eligible	9258
applicants. Forms and procedures involved in the application	9259
process shall comply with rules adopted under division (A)(8)(a)	9260
of section 901.82 of the Revised Code. The financial institution	9261
shall apply all usual lending standards to determine the	9262
creditworthiness of each eligible applicant, including whether the	9263
eligible applicant has the ability to repay the loan and whether	9264
adequate security exists for the loan.	9265

The financial institution shall forward to the department of	9266
~~development~~ agriculture the completed loan application of an	9267
eligible applicant whom the financial institution has determined	9268
to be creditworthy, along with the farm business plan and	9269
management strategy required by division (A)(5) of section 901.82	9270
of the Revised Code, and any other information required by rules	9271
adopted under division (A)(8) of section 901.82 of the Revised	9272
Code. If a loan guarantee is involved, the financial institution	9273
also shall forward a request by the financial institution to enter	9274
into a contract of guarantee described in section 901.83 of the	9275
Revised Code.	9276

The department ~~of development~~ shall proceed with the loan	9277
application in accordance with ~~division (A)(12) of~~ section ~~122.011~~	9278
901.82 of the Revised Code.	9279

Sec. 901.82. (A) In administering the program established	9280
under section 901.80 of the Revised Code, the director of	9281
agriculture shall do all of the following:	9282

(1) Receive, review, analyze, and summarize applications for	9283
financial assistance forwarded to the director by ~~the department~~	9284
~~of development,~~ a financial institution under section 901.81 of	9285
the Revised Code and, after processing, forward them to the	9286
agricultural financing commission together with necessary	9287
supporting information;	9288

(2) Receive the recommendations of the commission made under	9289
division (A)(1) of section 901.63 of the Revised Code and make a	9290
final determination whether to approve ~~the~~ an application for	9291
financial assistance;	9292

(3) Transmit the director's determinations to approve	9293
assistance to the controlling board together with any information	9294
the controlling board requires for its review and its decision	9295
whether to approve the release of money for the financial	9296
assistance;	9297

(4) Work in conjunction with financial institutions and	9298
other private and public financing sources to purchase loans from	9299
financial institutions or provide loan guarantees to eligible	9300
applicants;	9301

(5) Require each applicant to provide a farm business plan,	9302
including an overview of the type of agricultural operation the	9303
applicant anticipates conducting, and a management strategy for	9304
the project;	9305

(6) Inform agricultural organizations and others in the	9306
state of the existence of the program established under section	9307
901.80 of the Revised Code and of the financial assistance	9308
available under the program;	9309

(7) Report to the governor, president of the senate, speaker	9310
of the house of representatives, and minority leaders of the	9311
senate and the house of representatives by the thirtieth day of	9312
June of each year on the activities carried out under the program	9313
during the preceding calendar year. The report shall include the	9314
number of loans purchased or loan guarantees made that year, the	9315
amount of each such loan or loan guarantee, the county in which	9316
the loan recipient's farm is located, and whatever other	9317
information the director determines is relevant to include.	9318

(8) Adopt rules in accordance with Chapter 119. of the	9319
Revised Code establishing all of the following with regard to the	9320
program:	9321

(a) Forms and procedures by which eligible applicants may	9322
apply for financial assistance;	9323

(b) Criteria for reviewing, evaluating, and ranking	9324
applications, and for approving applications that best serve the	9325
goals of the program;	9326

9327

(d) Interest rates, payment schedules, loan transfer	9328
provisions, penalties, including penalties for the conversion of	9329
land devoted exclusively to agricultural use as defined in section	9330
5713.30 of the Revised Code, and other terms and conditions for	9331
loans purchased and loan guarantees provided under the program;	9332

(e) Criteria for determining whether the location at which	9333
the applicant proposes to use financial assistance provided under	9334
the program is in an area in which agriculture is the primary land	9335
use at the time the application is made and whether the land at	9336
that location reasonably may not be expected to be converted to a	9337
nonagricultural use during the period of time that the applicant's	9338
obligation to repay the loan remains outstanding;	9339

(f) Any other rules necessary to implement and administer	9340
the program.	9341

(B) In order to be eligible for financial assistance under	9342
section 901.80 of the Revised Code, an applicant shall demonstrate	9343
all of the following:	9344

(1) That the applicant is domiciled in this state;

9345

(2) That the applicant is unable to obtain sufficient	9346
financing from commercial or agricultural lending sources;	9347

(3) That the applicant has the ability to repay the loan,	9348
primarily from the cash flow of the proposed farming operation,	9349
and that there is adequate security for the loan;	9350

(4) That the applicant has sufficient education, training,	9351
or experience in the type of farming for which the applicant	9352
requests the financial assistance;	9353

(5) That there are no zoning restrictions, environmental	9354
regulations, or other impairments to the use of the land for the	9355
purpose intended;	9356

(6) That the location at which the applicant proposes to use	9357
the financial assistance is in an area in which agriculture is the	9358
primary land use at the time the application is made and that the	9359
land at that location reasonably may not be expected to be	9360
converted to a nonagricultural use during the period of time that	9361
the applicant's obligation to repay the financial assistance	9362
remains outstanding. In demonstrating the information required	9363
under division (B)~~(5)~~(6) of this section, the applicant shall	9364
utilize criteria established in rules adopted under division	9365
(A)(8)(e) of this section.	9366

Sec. 917.07. The dairy industry fund is hereby created in	9367
the state treasury. All inspection fees and license fees	9368
collected under this chapter shall be deposited into the fund.	9369

~~The dairy fund is hereby created in the state treasury. All~~	9370
together with all fine moneys received by the treasurer of state	9371
pursuant to division ~~(E)~~(F) of section 917.99 of the Revised Code	9372
and any other moneys collected under this chapter~~, except for~~	9373
~~inspection fees and license fees, shall be deposited into the~~	9374
~~fund~~.	9375

Moneys credited to the dairy industry fund ~~and the dairy fund~~	9376
shall be used to operate and pay expenses of the division of dairy	9377
in the department of agriculture.	9378

Sec. 917.99. (A) Whoever violates division (C) of section	9379
917.09 of the Revised Code is guilty of a misdemeanor of the	9380
second degree on a first offense and a misdemeanor of the first	9381
degree on each subsequent offense.	9382

(B) Whoever violates section 917.13 or 917.14 of the Revised	9383
Code is guilty of a misdemeanor of the first degree on a first	9384
offense, a felony of the fifth degree on a second offense, and a	9385
felony of the fourth degree on each subsequent offense.	9386

(C) Whoever violates division (A), (B), (C), (D), or (G) of	9387
section 917.05 of the Revised Code is guilty of a misdemeanor of	9388
the fourth degree.	9389

(D) Whoever violates division (E) or (F) of section 917.05	9390
of the Revised Code is guilty of a misdemeanor of the second	9391
degree on a first offense and a misdemeanor of the first degree on	9392
each subsequent offense.	9393

(E) Each day of violation of a provision described in	9394
divisions (A) to (D) of this section constitutes a separate	9395
offense.	9396

(F) The court imposing a fine under divisions (A) to (D) of	9397
this section shall order that not less than fifty per cent of the	9398
fine be disbursed to the treasurer of state for deposit into the	9399
dairy industry fund created in section 917.07 of the Revised Code.	9400
Subject to that minimum percentage, the court's order shall	9401
specify the percentage of the fine that the clerk of the court	9402
shall disburse to the treasurer of state. The clerk of the court	9403
shall disburse the remainder of the fine to the county treasurer.	9404

Sec. 1309.40. (A) Presentation for filing of a financing	9405
statement, tender of the filing fee, and acceptance of the	9406
statement by the filing officer constitute filing under sections	9407
1309.01 to 1309.50 of the Revised Code.	9408

(B)(1) Except as provided in divisions (B)(2) and (F) of	9409
this section, a filed financing statement is effective for a	9410
period of five years from the date of filing. The effectiveness	9411
of a filed financing statement lapses on the expiration of the	9412
five-year period unless a continuation statement is filed prior to	9413
the lapse. If a security interest perfected by filing exists at	9414
the time insolvency proceedings are commenced by or against the	9415
debtor, the security interest remains perfected until termination	9416
of the insolvency proceedings and thereafter for a period of sixty	9417
days or until expiration of the five-year period, whichever occurs	9418
later. Upon lapse the security interest becomes unperfected,	9419
unless it is perfected without filing. If the security interest	9420
becomes unperfected upon lapse, it is deemed to have been	9421
unperfected as against a person who became a purchaser or lien	9422
creditor before lapse.	9423

(2) A filed financing statement that states that it relates	9424
to an obligation secured by both (a) a mortgage upon real estate	9425
filed for record within this state and (b) a security interest in	9426
collateral, whether or not such collateral includes or consists of	9427
goods which are or are to become fixtures situated upon such real	9428
estate, shall, if such financing statement states a maturity date	9429
of such obligation, or the final installment thereof, of more than	9430
five years, be fully effective until the maturity date set forth	9431
therein. Such financing statement shall also contain a reference	9432
to the recorder's file number of the mortgage upon real estate or	9433
to the volume and page of the mortgage record in which such	9434
mortgage is recorded.	9435

(C) A continuation statement may be filed by the secured	9436
party within six months prior to the expiration of the five-year	9437
period specified in division (B)(1) of this section, or within six	9438
months prior to the stated maturity date referred to in division	9439
(B)(2) of this section. A continuation statement shall be filed	9440
on a form prescribed by the secretary of state. A continuation	9441
statement filed in the office of the county recorder shall also	9442
comply with Chapter 317. of the Revised Code. The continuation	9443
statement must be signed by the secured party, identify the	9444
original statement by file number, and state that the original	9445
statement is still effective. A continuation statement signed by	9446
a person other than the secured party of record must be	9447
accompanied by a separate written statement of assignment signed	9448
by the secured party of record and complying with division (B) of	9449
section 1309.42 of the Revised Code, including payment of the	9450
required fee. Upon timely filing of the continuation statement,	9451
the effectiveness of the original statement is continued for five	9452
years after the last date to which the filing was effective	9453
whereupon it lapses in the same manner as provided in division (B)	9454
of this section unless another continuation statement is filed	9455
prior to such lapse. Succeeding continuation statements may be	9456
filed in the same manner to continue the effectiveness of the	9457
original statement. The filing officer may remove a lapsed	9458
statement from the files and destroy it immediately if the filing	9459
officer has retained a microfilm or other photographic record, or	9460
in other cases one year after the lapse. The filing officer shall	9461
so arrange matters by physical annexation of financing statements	9462
to continuation statements or other related filings, or by other	9463
means, that if the filing officer physically destroys the	9464
financing statements of a period more than five years past, those	9465
which have been continued by a continuation statement or which are	9466
still effective under division (B)(2) or (F) of this section shall	9467
be retained.	9468

(D) Except as provided in division (G) of this section, a	9469
filing officer shall assign each statement a consecutive file	9470
number and shall hold the statement or a microfilm or other	9471
photographic or digitized copy thereof for public inspection. In	9472
addition, the filing officer shall index the statements according	9473
to the name of the debtor and shall note in the index the file	9474
number, the date and hour of filing, and the address of the debtor	9475
given in the statement. In addition to the indexing required in	9476
the previous sentence, statements covering crops growing or to be	9477
grown or timber to be cut or minerals or the like, including oil	9478
and gas, or accounts subject to division (E) of section 1309.03 of	9479
the Revised Code, or a financing statement filed as a fixture	9480
filing pursuant to section 1309.32 of the Revised Code shall also	9481
be indexed in the real estate mortgage records by the filing	9482
officer according to the name of the debtor or, if the financing	9483
statement shows the record owner or record lessee to be other than	9484
the debtor, then according to the name of the record owner or	9485
record lessee given in the statement. The fee to be charged for	9486
indexing financing statements in the real estate mortgage records	9487
shall be two dollars for each record owner or lessee listed in the	9488
statement, as provided in division (E) of section 317.32 of the	9489
Revised Code.	9490

(E) The fee for filing, indexing, and furnishing filing data	9491
for an original, amended, or a continuation statement on a form	9492
that is prescribed by the secretary of state shall be ~~nine~~ twelve	9493
dollars. The fee for filing, indexing, and furnishing filing data	9494
for an original, amended, or a continuation statement on a form	9495
that is not prescribed by the secretary of state and that is filed	9496
in the office of the county recorder shall be eleven dollars.	9497

(F) If the debtor is a transmitting utility and a filed	9498
financing statement so states, it is effective until a termination	9499
statement is filed. A real estate mortgage that is effective as a	9500
fixture filing under division (E) of section 1309.39 of the	9501
Revised Code remains effective as a fixture filing until the	9502
mortgage is released or satisfied of record or its effectiveness	9503
otherwise terminates as to the real estate.	9504

(G) If the person filing any original or amended financing	9505
statement, termination statement, statement of assignment, or	9506
statement of release requests a copy thereof, the filing officer	9507
shall note upon the copy the file number and date and hour of the	9508
filing of the original and deliver or send the copy to such	9509
person.	9510

(H)(1) Upon request of any person, the filing officer shall	9511
issue a certificate showing whether there is on file on the date	9512
and hour stated ~~therein~~ in the certificate, any presently	9513
effective financing statement naming a particular debtor, owner,	9514
or lessee, and any statement of assignment ~~thereof~~ of the	9515
financing statement, and, if there is, giving the date and hour of	9516
filing of each such statement and the names and addresses of each	9517
secured party ~~therein~~ in each such statement. The fee for such a	9518
certificate shall be ~~nine~~ twenty dollars ~~plus one dollar for each~~	9519
~~financing statement and for each statement of assignment reported~~	9520
~~therein~~. ~~Upon~~	9521

(2) Upon request, ~~the~~ a county recorder who is a filing	9522
officer shall furnish to any person a copy of any filed financing	9523
statement or naming a particular debtor, owner, or lessee and any	9524
filed statement of assignment of the financing statement. When	9525
such a request ~~for copies~~ is made ~~in the office of the county~~	9526
~~recorder~~, the county recorder shall charge a fee of one dollar per	9527
page. ~~When a request for copies is made in the office of the~~	9528
~~secretary of state, the fee shall not exceed one dollar per page.~~	9529

(3) Any person may request from the secretary of state a	9530
copy of any financing statement naming a particular debtor, owner,	9531
or lessee, and of any statement of assignment of the financing	9532
statement, that is on file with the secretary of state. The	9533
request shall be made in writing to the secretary of state, and	9534
the secretary of state shall charge and collect a fee of five	9535
dollars for each copy requested.	9536

Sec. 1309.401. ~~Through June 30, 2001, four dollars and fifty~~	9537
~~cents, and, on and after July 1, 2001, four dollars, of each fee~~	9538
~~collected by the secretary of state under sections 1309.42 and~~	9539
~~1309.43 and divisions (E) and (H) of section 1309.40 of the~~	9540
~~Revised Code, and all of the fees collected by the secretary of~~	9541
~~state under section 1309.402~~ (A) All fees collected by the	9542
secretary of state for filings under Title XIII or XVII of the	9543
Revised Code, shall be deposited in into the state treasury to the	9544
credit of the corporate and uniform commercial code filing fund,	9545
which is hereby created. ~~The remainder of each such fee shall be~~	9546
~~deposited in the general revenue fund.~~ All moneys credited to the	9547
~~corporate and uniform commercial code filing~~ fund, subject to	9548
division (B) of this section, shall be used only for the purpose	9549
of paying for the operations of the office of the secretary of	9550
state, other than the division of elections, and for the purpose	9551
of paying for expenses relating to the processing of filings under	9552
Title XIII or XVII ~~and Chapter 1329.~~ of the Revised Code ~~and the~~	9553
~~uniform commercial code~~.	9554

(B) The secretary of state business technology fund is	9555
hereby created in the state treasury. One per cent of the money	9556
credited to the corporate and uniform commercial code filing fund	9557
shall be transferred to the credit of this fund. All moneys	9558
credited to this fund shall be used only for the upkeep,	9559
improvement, or replacement of equipment, or for the purpose of	9560
training employees in the use of equipment, used to conduct	9561
business of the secretary of state's office under Title XIII or	9562
XVII of the Revised Code.	9563

Sec. 1309.402. The fee for expedited filing service by the	9564
secretary of state for any filing under this chapter ~~is ten~~	9565
~~dollars in addition to~~ shall be the fee set by rule under division	9566
(A) of section 111.23 of the Revised Code plus the fee the	9567
secretary of state is otherwise required to collect for the filing	9568
under this chapter.	9569

Sec. 1309.42. (A) A financing statement may disclose an	9570
assignment of a security interest in the collateral described in	9571
the financing statement by indication in the financing statement	9572
of the name and address of the assignee or by an assignment itself	9573
or a copy thereof on the face or back of the statement. On	9574
presentation to the filing officer of such a financing statement,	9575
the filing officer shall proceed as provided in division (D) of	9576
section 1309.40 of the Revised Code. The fee for filing,	9577
indexing, and furnishing filing data for a financing statement so	9578
indicating an assignment shall be ~~nine~~ twelve dollars.	9579

(B) A secured party may assign of record all or a part of	9580
the secured party's rights under a financing statement by the	9581
filing in the place where the original financing statement was	9582
filed of a separate written statement of assignment. The	9583
statement of assignment shall be on a form prescribed by the	9584
secretary of state, shall be signed by the secured party of	9585
record, shall set forth the name of the secured party of record	9586
and the debtor, the file number and the date of filing of the	9587
financing statement, and the name and address of the assignee, and	9588
shall contain a description of the collateral assigned. A	9589
statement of assignment filed in the office of the county recorder	9590
shall also comply with Chapter 317. of the Revised Code. On	9591
presentation to the filing officer of a separate statement of	9592
assignment, the filing officer shall mark the separate statement	9593
with the date and hour of filing. The filing officer shall note	9594
the assignment on the index of the financing statement, or in the	9595
case of a fixture filing, or a filing covering crops growing or to	9596
be grown or timber to be cut, or covering minerals or the like,	9597
including oil and gas, or accounts subject to division (E) of	9598
section 1309.03 of the Revised Code, the filing officer shall	9599
index the assignment under the name of the assignor as grantor	9600
and, to the extent that the law of this state provides for	9601
indexing the assignment of a mortgage under the name of the	9602
assignee, the filing officer shall index the assignment of the	9603
financing statement under the name of the assignee. The fee for	9604
filing, indexing, and furnishing filing data about such a separate	9605
statement of assignment shall be ~~nine~~ twelve dollars if on a form	9606
prescribed by the secretary of state. The fee for filing,	9607
indexing, and furnishing filing data about such a separate	9608
statement of assignment on a form that is not prescribed by the	9609
secretary of state and that is filed in the office of the county	9610
recorder shall be eleven dollars. Notwithstanding the provisions	9611
of this division, an assignment of record of a security interest	9612
in a fixture contained in a mortgage effective as a fixture filing	9613
pursuant to division (E) of section 1309.39 of the Revised Code	9614
may be made only by an assignment of the mortgage in the manner	9615
provided by the law of this state other than sections 1309.01 to	9616
1309.50 of the Revised Code.	9617

(C) After the disclosure or filing of an assignment under	9618
this section, the assignee is the secured party of record.	9619

Sec. 1309.525. (A) Except as provided in division (C) of	9620
this section, the fee for filing and indexing a record under	9621
sections 1309.501 to 1309.527 of the Revised Code is twelve	9622
dollars.	9623

(B) The fee for responding to a request for information from	9624
the filing office, including for communicating whether there is on	9625
file any financing statement naming a particular debtor is:	9626

(1) Twenty dollars if the request is communicated in writing;

9627

(2) Twenty dollars if the request is communicated by another	9628
medium authorized by the filing office rule.	9629

However, the fee otherwise required under division (B) of	9630
this section is five dollars if the request is limited to	9631
communicating only whether there is on file any financing	9632
statement naming a particular debtor and the name of the secured	9633
party or record relating thereto. Division (B) of this section	9634
does not require that a fee be charged for remote access searching	9635
of the filing office data base.	9636

(C) This section does not require a fee with respect to a	9637
record of a mortgage that is effective as a financing statement	9638
filed as a fixture filing or as a financing statement covering	9639
as-extracted collateral or timber to be cut under division (C) of	9640
section 1309.502 of the Revised Code. However, the recording and	9641
satisfaction fees that otherwise would be applicable to the record	9642
of the mortgage apply.	9643

Sec. 1329.01. (A) As used in sections 1329.01 to 1329.10 of	9644
the Revised Code:	9645

(1) "Trade name" means a name used in business or trade to	9646
designate the business of the user and to which the user asserts a	9647
right to exclusive use.	9648

(2) "Fictitious name" means a name used in business or trade	9649
that is fictitious and that the user has not registered or is not	9650
entitled to register as a trade name. It does not include the	9651
name of record of any domestic corporation that is formed under	9652
Chapter 1701. or 1702. of the Revised Code, any foreign	9653
corporation that is registered pursuant to Chapter 1703. of the	9654
Revised Code, any domestic or foreign limited liability company	9655
that is formed under or registered pursuant to Chapter 1705. of	9656
the Revised Code, any domestic or foreign limited partnership that	9657
is formed under or registered pursuant to Chapter 1782. of the	9658
Revised Code, or any domestic or foreign limited liability	9659
partnership that is formed under or registered pursuant to Chapter	9660
1775. of the Revised Code.	9661

(3) "Person" includes any individual, general partnership,	9662
limited partnership, limited liability partnership, corporation,	9663
association, professional association, limited liability company,	9664
society, foundation, federation, or organization formed under the	9665
laws of this state or any other state.	9666

(B) Subject to sections 1329.01 to 1329.10 of the Revised	9667
Code, any person may register with the secretary of state, on a	9668
form prescribed by the secretary of state, any trade name under	9669
which the person is operating, setting forth all of the following:	9670

(1) The name and business address of the applicant for	9671
registration and any of the following that is applicable:	9672

(a) If the applicant is a general partnership, the names and	9673
residence addresses of all of the partners;	9674

(b) If the applicant is a limited partnership existing prior	9675
to July 1, 1994, that has not registered with the secretary of	9676
state pursuant to Chapter 1782. of the Revised Code, the name of	9677
the Ohio county in which its certificate of limited partnership or	9678
application for registration as a foreign limited partnership is	9679
filed;	9680

(c) If the applicant is a limited partnership to which	9681
division (B)(1)(b) of this section does not apply or is a	9682
corporation, professional association, limited liability company,	9683
or other entity, the form of the entity and the state under the	9684
laws of which it was formed.	9685

(2) The trade name to be registered;

9686

(3) The general nature of the business conducted by the	9687
applicant;	9688

(4) The length of time during which the trade name has been	9689
used by the applicant in business operations in this state.	9690

(C) The trade name application shall be signed by the	9691
applicant or by any authorized representative of the applicant.	9692

A single trade name may be registered upon each trade name	9693
application submitted under sections 1329.01 to 1329.10 of the	9694
Revised Code.	9695

The trade name application shall be accompanied by a filing	9696
fee of ~~twenty~~ fifty dollars, payable to the secretary of state.	9697

(D) Any person who does business under a fictitious name and	9698
who has not registered and does not wish to register the	9699
fictitious name as a trade name or who cannot do so because the	9700
name is not available for registration shall report the use of the	9701
fictitious name to the secretary of state, on a form prescribed by	9702
the secretary of state, setting forth all of the following:	9703

(1) The name and business address of the user and any of the	9704
following that is applicable:	9705

(a) If the user is a general partnership, the names and	9706
residence addresses of all the partners;	9707

(b) If the user is a limited partnership existing prior to	9708
July 1, 1994, that has not been registered with the secretary of	9709
state pursuant to Chapter 1782. of the Revised Code, the name of	9710
the Ohio county in which its certificate of limited partnership or	9711
application for registration as a foreign limited partnership is	9712
filed;	9713

(c) If the user is a limited partnership to which division	9714
(D)(1)(b) of this section does not apply or is a corporation,	9715
professional association, limited liability company, or other	9716
entity, the form of the entity and the state under whose laws it	9717
was formed.	9718

(2) The fictitious name being used;

9719

(3) The general nature of the business conducted by the	9720
user.	9721

(E) The report of use of a fictitious name shall be signed	9722
by the user or by any authorized representative of the user.	9723

A single fictitious name may be registered upon each	9724
fictitious name report submitted under sections 1329.01 to 1329.10	9725
of the Revised Code.	9726

The fictitious name report shall be accompanied by a filing	9727
fee of ~~ten~~ fifty dollars, payable to the secretary of state.	9728

A report under this division shall be made within thirty days	9729
after the date of the first use of the fictitious name.	9730

Sec. 1329.04. Registration of a trade name or report of a	9731
fictitious name, under sections 1329.01 to 1329.10 of the Revised	9732
Code, shall be effective for a term of five years from the date of	9733
registration or report. Upon application filed within six months	9734
prior to the expiration of such term, on a form furnished by the	9735
secretary of state, the registration or report may be renewed at	9736
the end of each five-year period for a like term, provided that a	9737
general partnership shall renew its registration or report	9738
whenever there has been a change in the listing of partners on its	9739
registration or report and a limited partnership shall renew its	9740
registration or report when a change occurs in the listing of its	9741
general partners on its registration or report. Such a renewal	9742
shall extend the registration or report for five years, unless	9743
further changes occur in the interim. A The renewal fee specified	9744
in division (S)(3) of ~~ten dollars~~ section 111.16 of the Revised	9745
Code, payable to the secretary of state, shall accompany the	9746
application for renewal of the registration or report.	9747

The secretary of state shall notify persons who have	9748
registered trade names or reported fictitious names, within the	9749
six months next preceding the expiration of the five years from	9750
the date of registration or report, of the necessity of renewal by	9751
writing to the last known address of such persons.	9752

Sec. 1329.06. Any trade name or fictitious name and its	9753
registration or report shall be assignable by an instrument in	9754
writing duly executed and may be recorded with the secretary of	9755
state upon the payment of a the fee specified in division (S)(4)	9756
of ~~ten dollars~~ section 111.16 of the Revised Code, payable to the	9757
secretary of state, who, recording the assignment, shall issue in	9758
the name of the assignee a new certificate for the remainder of	9759
the term of the registration or report or the last renewal	9760
thereof. The instrument shall be on a form prescribed by the	9761
secretary of state.	9762

Sec. 1329.07. The registrant of any trade name or a person	9763
who reports a fictitious name shall record all changes of the	9764
registrant's business address by filing with the secretary of	9765
state a statement in writing, on a form prescribed by the	9766
secretary of state, setting forth the name previously registered	9767
or reported, the date of the registration or report, and the new	9768
address of the applicant. A The filing fee specified in division	9769
(S)(4) of ~~three dollars~~ section 111.16 of the Revised Code shall	9770
accompany ~~such~~ the statement.	9771

Sec. 1329.42. A person who uses in this state a name, mark,	9772
or device to indicate ownership of articles or supplies may file	9773
in the office of the secretary of state, on a form to be	9774
prescribed by the secretary of state, a verified statement setting	9775
forth, but not limited to, the following information:	9776

(A) The name and business address of the person filing the	9777
statement; and, if a corporation, the state of incorporation;	9778

(B) The nature of the business of the applicant;

9779

(C) The type of articles or supplies in connection with	9780
which the name, mark, or device is used.	9781

The statement shall include or be accompanied by a specimen	9782
evidencing actual use of the name, mark, or device, together with	9783
a the filing fee specified in division (U)(1) of ~~twenty dollars~~	9784
section 111.16 of the Revised Code. The registration of a name,	9785
mark, or device pursuant to this section is effective for a	9786
ten-year period beginning on the date of registration. If an	9787
application for renewal is filed within six months prior to the	9788
expiration of the ten-year period on a form prescribed by the	9789
secretary of state, the registration may be renewed at the end of	9790
each ten-year period for an additional ten-year period. A The	9791
renewal fee specified in division (U)(2) of ~~ten dollars~~ section	9792
111.16 of the Revised Code shall accompany the application for	9793
renewal. The secretary of state shall notify a registrant within	9794
the six months next preceding the expiration of ten years from the	9795
date of registration of the necessity of renewal by writing to the	9796
last known address of the registrant.	9797

Sec. 1329.421. The registrant of a name, mark, or device	9798
used to indicate ownership shall record all changes of the	9799
registrant's business address by filing with the secretary of	9800
state a written statement, on a form prescribed by the secretary	9801
of state, of the new address. A The filing fee ~~of three dollars~~	9802
specified in division (U)(2) of section 111.16 of the Revised Code	9803
shall accompany the statement.	9804

Sec. 1329.45. The certificate of the filing of any name,	9805
mark, or device under sections 1329.41 to 1329.53 of the Revised	9806
Code and the benefits obtained ~~thereunder~~ under it shall be	9807
assignable with the sale of the articles or supplies on which the	9808
same are produced and used. Assignments shall be by instruments	9809
in writing duly executed and may be recorded upon the payment of a	9810
the fee specified in division (U)(2) of ~~ten dollars~~ section 111.16	9811
of the Revised Code, payable to the secretary of state, who, after	9812
recording the assignment, upon request of the assignee, may issue	9813
in the assignee's name a new certificate. The instrument shall be	9814
on a form prescribed by the secretary of state.	9815

Sec. 1329.56. (A) Subject to the limitations set forth in	9816
sections 1329.54 to 1329.67 of the Revised Code, any person who	9817
adopts and uses a trademark or service mark in this state may file	9818
in the office of the secretary of state, on a form to be	9819
prescribed by the secretary of state, an application for	9820
registration of that trademark or service mark that sets forth,	9821
but is not limited to, the following information:	9822

(1) The name and business address of the person applying for	9823
the registration; if the person is a corporation, the state of its	9824
incorporation; if the person is a partnership or limited liability	9825
partnership, the state in which the partnership is organized and	9826
the names of the general partners; and, if the person is a limited	9827
liability company, the state of its organization;	9828

(2) The goods or services on or in connection with which the	9829
mark is used, the mode or manner in which the mark is used on or	9830
in connection with the goods or services, and the class in which	9831
the goods or services fall;	9832

(3) The date when the mark was first used anywhere and the	9833
date when it was first used in this state by the applicant or the	9834
applicant's predecessor in interest;	9835

(4) A statement that the applicant is the owner of the mark,	9836
that the mark is in use, and that, to the knowledge of the person	9837
verifying the application, no other person has the right to use	9838
the mark in the state either in the identical form of the mark, or	9839
in near resemblance to the mark, as to be likely, when used on or	9840
in connection with the goods or services of another person, to	9841
cause confusion or mistake or to deceive;	9842

(5) A statement that, to the knowledge of the person	9843
verifying the application, no other person has a registration or a	9844
pending intent to use application of the same or a confusingly	9845
similar mark in the United States patent and trademark office for	9846
the same or similar goods or services or a statement that the	9847
applicant is the owner of a concurrent registration in the United	9848
States patent and trademark office of the applicant's mark	9849
covering an area including this state.	9850

(B) The application shall be signed and verified by the	9851
applicant, by an authorized representative, or by an officer of	9852
the firm, limited liability company, limited liability	9853
partnership, general partnership, or limited partnership,	9854
corporation, union, association, or other organization that is the	9855
applicant.	9856

(C) The application shall be accompanied by a specimen of	9857
the mark as actually used and shall contain a brief description of	9858
the mark as it appears on the specimen.	9859

(D) The application shall be accompanied by a the filing fee	9860
specified in division (U)(1) of ~~twenty dollars that is~~ section	9861
111.16 of the Revised Code, payable to the secretary of state.	9862

Sec. 1329.58. Registration of a trademark or service mark	9863
under sections 1329.54 to 1329.67 of the Revised Code shall be	9864
effective for a term of ten years from the date of registration.	9865
Upon the filing of an application within six months prior to the	9866
expiration of that term on a form furnished by the secretary of	9867
state, the registrant may renew the registration at the end of	9868
each ten-year period for a similar term. A The renewal fee	9869
specified in division (U)(2) of ~~ten dollars that is~~ section 111.16	9870
of the Revised Code, payable to the secretary of state, shall	9871
accompany the renewal application. The renewal application shall	9872
require the applicant to state that the mark still is in use in	9873
this state.	9874

Sec. 1329.60. Any trademark or service mark and its	9875
registration shall be assignable with the good will of the	9876
business in which the trademark or service mark is used, or with	9877
that part of the good will of the business connected with the use	9878
of and symbolized by the trademark or service mark. Assignment	9879
shall be by instruments in writing duly executed and may be	9880
recorded with the secretary of state upon the payment of a the fee	9881
specified in division (U)(2) of ~~ten dollars~~ section 111.16 of the	9882
Revised Code, payable to the secretary of state, who, after	9883
recording the assignment, shall issue in the name of the assignee	9884
a new certificate for the remainder of the term of the	9885
registration or of the last renewal thereof. The instrument shall	9886
be on a form prescribed by the secretary of state. An assignment	9887
of any registration shall be void as against any subsequent	9888
purchaser for valuable consideration without notice unless it is	9889
recorded with the secretary of state within three months after the	9890
date thereof or prior to such subsequent purchase.	9891

Sec. 1329.601. The registrant of a trademark or service mark	9892
shall record all changes of the registrant's business address by	9893
filing a written statement, on a form prescribed by the secretary	9894
of state, of the new address with the secretary of state. A The	9895
filing fee ~~of three dollars~~ specified in division (U)(2) of	9896
section 111.16 of the Revised Code shall accompany the statement.	9897

Sec. 1345.21. As used in sections 1345.21 to 1345.28 of the	9898
Revised Code:	9899

(A) "Home solicitation sale" means a sale of consumer goods	9900
or services in which the seller or a person acting for the seller	9901
engages in a personal solicitation of the sale at a residence of	9902
the buyer, including solicitations in response to or following an	9903
invitation by the buyer, and the buyer's agreement or offer to	9904
purchase is there given to the seller or a person acting for the	9905
seller, or in which the buyer's agreement or offer to purchase is	9906
made at a place other than the seller's place of business. It	9907
does not include a transaction or transactions in which:	9908

(1) The total purchase price to be paid by the buyer,	9909
whether under single or multiple contracts, is less than	9910
twenty-five dollars;	9911

(2) The transaction was conducted and consummated entirely	9912
by mail or by telephone if initiated by the buyer, and without any	9913
other contact between the seller or the seller's representative	9914
prior to the delivery of goods or performance of the service;	9915

(3) The final agreement is made pursuant to prior	9916
negotiations in the course of a visit by the buyer to a retail	9917
business establishment having a fixed permanent location where the	9918
goods are exhibited or the services are offered for sale on a	9919
continuing basis;	9920

(4) The buyer initiates the contact between the parties for	9921
the purpose of negotiating a purchase and the seller has a	9922
business establishment at a fixed location in this state where the	9923
goods or services involved in the transaction are regularly	9924
offered or exhibited for sale.	9925

Advertisements by such a seller in newspapers, magazines,	9926
catalogues, radio, or television do not constitute the seller	9927
initiation of the contact.	9928

(5) The buyer initiates the contact between the parties, the	9929
goods or services are needed to meet a bona fide immediate	9930
personal emergency of the buyer which will jeopardize the welfare,	9931
health, or safety of natural persons, or endanger property which	9932
the buyer owns or for which the buyer is responsible, and the	9933
buyer furnishes the seller with a separate, dated, and signed	9934
statement in the buyer's handwriting describing the situation	9935
requiring immediate remedy and expressly acknowledging and waiving	9936
the right to cancel the sale within three business days;	9937

(6) The buyer has initiated the contact between the parties	9938
and specifically requested the seller to visit the buyer's home	9939
for the purpose of repairing or performing maintenance upon the	9940
buyer's personal property. If, in the course of such a visit, the	9941
seller sells the buyer additional services or goods other than	9942
replacement parts necessarily used in performing the maintenance	9943
or in making the repairs, the sale of those additional goods or	9944
services does not fall within this exclusion.	9945

(7) The buyer is accorded the right of rescission by the	9946
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C.	9947
1635, or regulations adopted pursuant to it.	9948

(B) "Sale" includes a lease or rental.

9949

(C) "Seller" includes a lessor or anyone offering goods for	9950
rent.	9951

(D) "Buyer" includes a lessee or anyone who gives a	9952
consideration for the privilege of using goods.	9953

(E) "Consumer goods or services" means goods or services	9954
purchased, leased, or rented primarily for personal, family, or	9955
household purposes, including courses or instruction or training	9956
regardless of the purpose for which they are taken.	9957

(F) "Consumer goods or services" does not include goods or	9958
services pertaining to any of the following:	9959

(1) Sales or rentals of real property by a real estate	9960
broker or salesperson, or by a foreign real estate dealer or	9961
salesperson, who is licensed by the Ohio real estate commission	9962
under Chapter 4735. of the Revised Code;	9963

(2) The sale of securities or commodities by a broker-dealer	9964
registered with the securities and exchange commission;	9965

(3) The sale of securities or commodities by a securities	9966
dealer or salesperson licensed by the division of securities under	9967
Chapter 1707. of the Revised Code;	9968

(4) The sale of insurance by a person licensed by the	9969
superintendent of insurance;	9970

(5) Goods sold or services provided by automobile dealers	9971
and salespersons licensed by the registrar of motor vehicles under	9972
Chapter 4517. of the Revised Code;	9973

(6) The sale of property at an auction by an auctioneer	9974
licensed by the department of ~~commerce~~ agriculture under Chapter	9975
4707. of the Revised Code.	9976

(G) "Purchase price" means the total cumulative price of the	9977
consumer goods or services, including all interest and service	9978
charges.	9979

(H) "Place of business" means the main office, or a	9980
permanent branch office or permanent local address of a seller.	9981

(I) "Business day" means any calendar day except Sunday, or	9982
the following business holidays: New Year's day, Presidents' day,	9983
Memorial day, Independence day, Labor day, Columbus day, Veterans	9984
day, Thanksgiving day, and Christmas day.	9985

Sec. 1501.01. Except where otherwise expressly provided, the	9986
director of natural resources shall formulate and institute all	9987
the policies and programs of the department of natural resources.	9988
The chief of any division of the department shall not enter into	9989
any contract, agreement, or understanding unless it is approved by	9990
the director. No appointee or employee of the director, other	9991
than the assistant director, may bind the director in a contract	9992
except when given general or special authority to do so by the	9993
director.	9994

The director shall correlate and coordinate the work and	9995
activities of the divisions in the department to eliminate	9996
unnecessary duplications of effort and overlapping of functions.	9997
The chiefs of the various divisions of the department shall meet	9998
with the director at least once each month at a time and place	9999
designated by the director.	10000

The director may create advisory boards to any of those	10001
divisions in conformity with section 121.13 of the Revised Code.	10002

The director may accept and expend gifts, devises, and	10003
bequests of money, lands, and other properties on behalf of the	10004
department or any division thereof under the terms set forth in	10005
section 9.20 of the Revised Code. Any political subdivision of	10006
this state may make contributions to the department for the use of	10007
the department or any division therein according to the terms of	10008
the contribution.	10009

The director may publish and sell or otherwise distribute	10010
data, reports, and information.	10011

The director shall adopt rules in accordance with Chapter	10012
119. of the Revised Code to permit the department to accept by	10013
means of a credit card the payment of fees, charges, and rentals	10014
at those facilities described in section 1501.07 of the Revised	10015
Code that are operated by the department, for any data, reports,	10016
or information sold by the department, and for any other goods or	10017
services provided by the department.	10018

Whenever authorized by the governor to do so, the director	10019
may appropriate property for the uses and purposes authorized to	10020
be performed by the department and on behalf of any division	10021
within the department. This authority shall be exercised in the	10022
manner provided in sections 163.01 to 163.22 of the Revised Code	10023
for the appropriation of property by the director of	10024
administrative services. This authority to appropriate property	10025
is in addition to the authority provided by law for the	10026
appropriation of property by divisions of the department. The	10027
director of natural resources also may acquire by purchase, lease,	10028
or otherwise such real and personal property rights or privileges	10029
in the name of the state as are necessary for the purposes of the	10030
department or any division therein. The director, with the	10031
approval of the governor and the attorney general, may sell,	10032
lease, or exchange portions of lands or property, real or	10033
personal, of any division of the department or grant easements or	10034
licenses for the use thereof, or enter into agreements for the	10035
sale of water from lands and waters under the administration or	10036
care of the department or any of its divisions, when the sale,	10037
lease, exchange, easement, agreement, or license for use is	10038
advantageous to the state, provided that such approval is not	10039
required for leases and contracts made under ~~section 1507.12, if~~	10040
~~any, or~~ section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of	10041
the Revised Code. Water may be sold from a reservoir only to the	10042
extent that the reservoir was designed to yield a supply of water	10043
for a purpose other than recreation or wildlife, and the water	10044
sold is in excess of that needed to maintain the reservoir for	10045
purposes of recreation or wildlife.	10046

Money received from such sales, leases, easements, exchanges,	10047
agreements, or licenses for use, except revenues required to be	10048
set aside or paid into depositories or trust funds for the payment	10049
of bonds issued under sections 1501.12 to 1501.15 of the Revised	10050
Code, and to maintain the required reserves therefor as provided	10051
in the orders authorizing the issuance of such bonds or the trust	10052
agreements securing such bonds, revenues required to be paid and	10053
credited pursuant to the bond proceeding applicable to obligations	10054
issued pursuant to section 154.22, and revenues generated under	10055
section 1520.05 of the Revised Code, shall be deposited in the	10056
state treasury to the credit of the fund of the division of the	10057
department having prior jurisdiction over the lands or property.	10058
If no such fund exists, the money shall be credited to the general	10059
revenue fund. All such money received from lands or properties	10060
administered by the division of wildlife shall be credited to the	10061
wildlife fund.	10062

The director shall provide for the custody, safekeeping, and	10063
deposit of all moneys, checks, and drafts received by the	10064
department or its employees prior to paying them to the treasurer	10065
of state under section 113.08 of the Revised Code.	10066

The director shall cooperate with the nature conservancy,	10067
other nonprofit organizations, and the United States fish and	10068
wildlife service in order to secure protection of islands in the	10069
Ohio river and the wildlife and wildlife habitat of those islands.	10070

Any instrument by which real property is acquired pursuant to	10071
this section shall identify the agency of the state that has the	10072
use and benefit of the real property as specified in section	10073
5301.012 of the Revised Code.	10074

Sec. 1501.04. There is hereby created in the department of	10075
natural resources a recreation and resources commission composed	10076
of the ~~chairman~~ chairperson of the wildlife council created under	10077
section 1531.03 of the Revised Code, the ~~chairman~~ chairperson of	10078
the parks and recreation council created under section 1541.40 of	10079
the Revised Code, the ~~chairman~~ chairperson of the waterways safety	10080
council created under section 1547.73 of the Revised Code, the	10081
~~chairman~~ chairperson of the technical advisory council on oil and	10082
gas created under section 1509.38 of the Revised Code, the	10083
chairman of the forestry advisory council created under section	10084
1503.40 of the Revised Code, the ~~chairman~~ chairperson of the Ohio	10085
soil and water conservation commission created under section	10086
1515.02 of the Revised Code, the ~~chairman~~ chairperson of the Ohio	10087
natural areas council created under section 1517.03 of the Revised	10088
Code, the ~~chairman~~ chairperson of the Ohio water advisory council	10089
created under section 1521.031 of the Revised Code, the	10090
chairperson of the recycling and litter prevention advisory	10091
council created under section 1502.04 of the Revised Code, the	10092
chairperson of the civilian conservation advisory council created	10093
under section 1553.10 of the Revised Code, the ~~chairman~~	10094
chairperson of the Ohio geology advisory council created under	10095
section 1505.11 of the Revised Code, and five members appointed by	10096
the governor with the advice and consent of the senate, not more	10097
than three of whom shall belong to the same political party. The	10098
director of natural resources shall be an ex officio member of the	10099
commission, with a voice in its deliberations, but without the	10100
power to vote.	10101

Terms of office of members of the commission appointed by the	10102
governor shall be for five years, commencing on the second day of	10103
February and ending on the first day of February. Each member	10104
shall hold office from the date of ~~his~~ appointment until the end	10105
of the term for which he the member was appointed.	10106

In the event of the death, removal, resignation, or	10107
incapacity of a member of the commission, the governor, with the	10108
advice and consent of the senate, shall appoint a successor who	10109
shall hold office for the remainder of the term for which ~~his~~ the	10110
member's predecessor was appointed. Any member shall continue in	10111
office subsequent to the expiration date of ~~his~~ the member's term	10112
until ~~his~~ the member's successor takes office, or until a period	10113
of sixty days has elapsed, whichever occurs first.	10114

The governor may remove any appointed member of the	10115
commission for misfeasance, nonfeasance, or malfeasance in office.	10116

The commission shall exercise no administrative function, but	10117
may:	10118

(A) Advise with and recommend to the director of natural	10119
resources as to plans and programs for the management,	10120
development, utilization, and conservation of the natural	10121
resources of the state;	10122

(B) Advise with and recommend to the director as to methods	10123
of coordinating the work of the divisions of the department;	10124

(C) Consider and make recommendations upon any matter which	10125
the director may submit to it;	10126

(D) Submit to the governor biennially recommendations for	10127
amendments to the conservation laws of the state.	10128

~~Before~~ Each member of the commission, before entering upon	10129
the discharge of ~~his~~ the member's duties, ~~each member of the~~	10130
~~commission~~ shall take and subscribe to an oath of office, which	10131
oath, in writing, shall be filed in the office of the secretary of	10132
state.	10133

The members of the commission shall serve without	10134
compensation, but shall be entitled to receive their actual and	10135
necessary expenses incurred in the performance of their official	10136
duties.	10137

The commission, by a majority vote of all its members, shall	10138
adopt and amend bylaws.	10139

To be eligible for appointment, a person shall be a citizen	10140
of the United States and an elector of the state and shall possess	10141
a knowledge of and have an interest in the natural resources of	10142
this state.	10143

The commission shall hold at least four regular quarterly	10144
meetings each year. Special meetings shall be held at such times	10145
as the bylaws of the commission provide. Notices of all meetings	10146
shall be given in such manner as the bylaws provide. The	10147
commission shall choose annually from among its members a ~~chairman~~	10148
chairperson to preside over its meetings and a secretary to keep a	10149
record of its proceedings. A majority of the members of the	10150
commission constitutes a quorum. No advice shall be given or	10151
recommendation made without a majority of the members of the	10152
commission concurring therein.	10153

Sec. 1501.23. The department of natural resources may	10154
utilize the services of volunteers to implement clean-up and	10155
beautification programs or any other programs that accomplish any	10156
of the purposes of the department. The director of natural	10157
resources shall approve all volunteer programs and may recruit,	10158
train, and supervise the services of community volunteers or	10159
volunteer groups for volunteer programs. The director may	10160
designate volunteers in a volunteer program as state employees for	10161
the purpose of motor vehicle accident liability insurance under	10162
section 9.83 of the Revised Code, for the purpose of immunity	10163
under section 9.86 of the Revised Code, and for the purpose of	10164
indemnification from liability incurred in the performance of	10165
their duties under section 9.87 of the Revised Code.	10166

Sec. 1501.40. The department of natural resources is the	10167
designated state agency responsible for the coordination and	10168
administration of sections 120 to 136 of the "National and	10169
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	10170
12401 to 12456, ~~and amendments thereto~~ as amended. With the	10171
assistance of the ~~state~~ Ohio community service ~~advisory committee~~	10172
council created in section 121.40 of the Revised Code, the	10173
director of natural resources shall coordinate with other state	10174
agencies to apply for funding under the act when appropriate and	10175
shall administer any federal funds the state receives under	10176
sections 120 to 136 of the act.	10177

Sec. 1502.12. (A) There is hereby created in the state	10178
treasury the scrap tire grant fund, consisting of moneys	10179
transferred to the fund under section 3734.82 of the Revised Code.	10180
The chief of the division of recycling and litter prevention, with	10181
the approval of the director of natural resources, may make grants	10182
from the fund for the purpose of supporting market development	10183
activities for scrap tires. The grants may be awarded to	10184
individuals, businesses, and entities certified under division (B)	10185
of section 1502.04 of the Revised Code.	10186

(B) Projects and activities that are eligible for grants	10187
under this section shall be evaluated for funding using, at a	10188
minimum, the following criteria:	10189

(1) The degree to which a proposed project contributes to	10190
the increased use of scrap tires generated in this state;	10191

(2) The degree of local financial support for a proposed	10192
project;	10193

(3) The technical merit and quality of a proposed project.

10194

Sec. 1503.011. The chief of the division of forestry shall	10195
be responsible for the conservation and development of forests	10196
within this state. He The chief shall be concerned with	10197
silvicultural practices, including the proper planting, growing,	10198
protecting, harvesting, and managing of trees for such purposes as	10199
watershed and soil protection, timber production and utilization,	10200
recreation, aesthetics, wildlife habitat development, and urban	10201
enhancement and for all benefits that forests provide.	10202

The chief may do any or all of the following:

10203

(A) Provide rural forestry assistance to nonindustrial	10204
private forest landowners, including advice in tree planting,	10205
forest improvement, harvesting, and all aspects of conservation;	10206

(B) Provide urban forestry assistance to individuals,	10207
nonprofit organizations, and political subdivisions to manage	10208
their urban forest resource and develop comprehensive tree care	10209
programs;	10210

(C) Provide wood utilization, marketing, and rural forestry	10211
development assistance to forest industries, political	10212
subdivisions and agencies thereof, and state and federal agencies	10213
for the purpose of establishing and maintaining a viable,	10214
economically sound wood-based industry while expanding the forest	10215
resource of this state;	10216

(D) Provide forest pest protection assistance to forest	10217
landowners, political subdivisions and agencies thereof, and state	10218
and federal agencies on assessing and evaluating the health and	10219
vigor of the forest resource;	10220

(E) Provide technical assistance to landowners in developing	10221
forest windbreaks, filter strips, and other forest management	10222
practices that provide conservation benefits;	10223

(F) Provide awareness of and education concerning the	10224
programs provided for under divisions (A) to (E) of this section;	10225

(G) Enter into agreements with political subdivisions and	10226
agencies thereof, state and federal agencies, firefighting	10227
agencies and private fire companies, as those terms are defined in	10228
section 9.60 of the Revised Code, nonprofit organizations, and	10229
individuals to meet the needs of forestry assistance in this state	10230
and, in accordance with ~~sections~~ section 1503.01 ~~and 1503.35~~ of	10231
the Revised Code, develop and administer grant programs for any of	10232
those entities requesting assistance. The chief shall adopt, and	10233
may amend and rescind, rules in accordance with Chapter 119. of	10234
the Revised Code establishing such requirements and procedures as	10235
are necessary to implement this division.	10236

As used in this section, "nonprofit organization" has the	10237
same meaning as in section 4141.01 of the Revised Code.	10238

Sec. 1507.01. There is hereby created in the department of	10239
natural resources the division of engineering to be administered	10240
by the chief engineer of the department, who shall be a	10241
professional engineer registered under Chapter 4733. of the	10242
Revised Code. The chief engineer shall do all of the following:	10243

(A) Administer this chapter;

10244

(B) Provide engineering, architectural, land surveying, and	10245
related administrative and maintenance support services to the	10246
other divisions in the department;	10247

(C) Upon request of the director of natural resources,	10248
implement the department's capital improvement program and	10249
facility maintenance projects, including all associated	10250
engineering, architectural, design, contracting, surveying,	10251
inspection, and management responsibilities and requirements;	10252

(D) With the approval of the director, act as contracting	10253
officer in departmental engineering, architectural, surveying, and	10254
construction matters regarding capital improvements except for	10255
those matters otherwise specifically provided for in law;	10256

(E) ~~As long as the state retains ownership of the Burr Oak~~	10257
~~water system, administer, operate, and maintain the Burr Oak water~~	10258
~~system and, with the approval of the director, act as contracting~~	10259
~~agent in matters concerning that system;~~	10260

~~(F)~~ Provide engineering support for the coastal management	10261
program established under Chapter 1506. of the Revised Code;	10262

~~(G)~~(F) Coordinate the department's roadway maintenance	10263
program with the department of transportation pursuant to section	10264
5511.05 of the Revised Code and maintain the roadway inventory of	10265
the department of natural resources;	10266

~~(H) Coordinate the department's emergency response~~	10267
~~activities with the emergency management agency created in section~~	10268
~~5502.22 of the Revised Code;~~	10269

~~(I)~~(G) Coordinate the department's projects, programs,	10270
policies, procedures, and activities with the United States army	10271
corps of engineers;	10272

~~(J)~~(H) Subject to the approval of the director, employ	10273
professional and technical assistants and such other employees as	10274
are necessary for the performance of the activities required or	10275
authorized under this chapter, other work of the division, and any	10276
other work agreed to under working agreements or contractual	10277
arrangements; prescribe their duties; and fix their compensation	10278
in accordance with such schedules as are provided by law for the	10279
compensation of state employees.	10280

Sec. 1509.06. An application for a permit to drill a new	10281
well, drill an existing well deeper, reopen a well, convert a well	10282
to any use other than its original purpose, or plug back a well to	10283
a different source of supply shall be filed with the chief of the	10284
division of mineral resources management upon such form as the	10285
chief prescribes and shall contain each of the following that is	10286
applicable:	10287

(A) The name and address of the owner and, if a corporation,	10288
the name and address of the statutory agent;	10289

(B) The signature of the owner or the owner's authorized	10290
agent. When an authorized agent signs an application, it shall be	10291
accompanied by a certified copy of the appointment as such agent.	10292

(C) The names and addresses of all persons holding the	10293
royalty interest in the tract upon which the well is located or is	10294
to be drilled or within a proposed drilling unit;	10295

(D) The location of the tract or drilling unit on which the	10296
well is located or is to be drilled identified by section or lot	10297
number, city, village, township, and county;	10298

(E) Designation of the well by name and number;

10299

(F) The geological formation to be tested or used and the	10300
proposed total depth of the well;	10301

(G) The type of drilling equipment to be used;

10302

(H) If the well is for the injection of a liquid, identity	10303
of the geological formation to be used as the injection zone and	10304
the composition of the liquid to be injected;	10305

(I) A sworn statement that all requirements of any municipal	10306
corporation, county, or township having jurisdiction over any	10307
activity related to the drilling or operation of an oil or gas	10308
well that have been filed with the division of mineral resources	10309
management and are in effect at the time the application is filed,	10310
including, but not limited to, zoning ordinances and resolutions	10311
and the requirements of section 4513.34 of the Revised Code, will	10312
be complied with until abandonment of the well;	10313

(J) A plan for restoration of the land surface disturbed by	10314
drilling operations. The plan shall provide for compliance with	10315
the restoration requirements of division (A) of section 1509.072	10316
of the Revised Code and any rules adopted by the chief pertaining	10317
to that restoration.	10318

(K) A description by name or number of the county, township,	10319
and municipal corporation roads, streets, and highways that the	10320
applicant anticipates will be used for access to and egress from	10321
the well site;	10322

(L) Such other relevant information as the chief prescribes	10323
by rule.	10324

Each application shall be accompanied by a map, on a scale	10325
not smaller than four hundred feet to the inch, prepared by an	10326
Ohio registered surveyor, showing the location of the well and	10327
containing such other data as may be prescribed by the chief. If	10328
the well is or is to be located within the excavations and	10329
workings of a mine, the map also shall include the location of the	10330
mine, the name of the mine, and the name of the person operating	10331
the mine.	10332

The chief shall cause a copy of the weekly circular prepared	10333
by the division to be provided to the county engineer of each	10334
county that contains active or proposed drilling activity. The	10335
weekly circular shall contain, in the manner prescribed by the	10336
chief, the names of all applicants for permits, the location of	10337
each well or proposed well, the information required by division	10338
(K) of this section, and any additional information the chief	10339
prescribes.	10340

The chief shall not issue a permit for at least ten days	10341
after the date of filing of the application for the permit unless,	10342
upon reasonable cause shown, the chief waives that period or a	10343
request for expedited review is filed under this section. However,	10344
the chief shall issue a permit within twenty-one days of the	10345
filing of the application unless the chief denies the application	10346
by order.	10347

An applicant may file a request with the chief for expedited	10348
review of a permit application if the well is not or is not to be	10349
located in a gas storage reservoir or reservoir protective area,	10350
as "reservoir protective area" is defined in section 1571.01 of	10351
the Revised Code. If the well is or is to be located in a coal	10352
bearing township, the application shall be accompanied by the	10353
affidavit of the landowner prescribed in section 1509.08 of the	10354
Revised Code.	10355

In addition to a complete application for a permit that meets	10356
the requirements of this section and the permit fee prescribed by	10357
this section, a request for expedited review shall be accompanied	10358
by a separate nonrefundable filing fee of five hundred dollars.	10359
Upon the filing of a request for expedited review, the chief shall	10360
cause the county engineer of the county in which the well is or is	10361
to be located to be notified of the filing of the permit	10362
application and the request for expedited review by telephone or	10363
other means that in the judgment of the chief will provide timely	10364
notice of the application and request. The chief shall issue a	10365
permit within seven days of the filing of the request unless the	10366
chief denies the application by order. Notwithstanding the	10367
provisions of this section governing expedited review of permit	10368
applications, the chief may refuse to accept requests for	10369
expedited review if, in the chief's judgment, the acceptance of	10370
the requests would prevent the issuance, within twenty-one days of	10371
their filing, of permits for which applications are pending.	10372

A well shall be drilled and operated in accordance with the	10373
plans, sworn statements, and other information submitted in the	10374
approved application.	10375

The chief shall issue an order denying a permit if the chief	10376
finds that there is a substantial risk that the operation will	10377
result in violations of this chapter or rules adopted under it	10378
that will present an imminent danger to public health or safety or	10379
damage to the environment, provided that where the chief finds	10380
that terms or conditions to the permit can reasonably be expected	10381
to prevent such violations, the chief shall issue the permit	10382
subject to those terms or conditions.	10383

Each application for a permit required by section 1509.05 of	10384
the Revised Code, except an application for a well drilled or	10385
reopened for purposes of section 1509.22 of the Revised Code, also	10386
shall be accompanied by a nonrefundable fee of two hundred fifty	10387
dollars.	10388

The chief may order the immediate suspension of drilling,	10389
operating, or plugging activities after finding that any person is	10390
causing, engaging in, or maintaining a condition or activity that	10391
in the chief's judgment presents an imminent danger to public	10392
health or safety or results in or is likely to result in immediate	10393
substantial damage to natural resources or for nonpayment of the	10394
fee required by this section. The chief may order the immediate	10395
suspension of the drilling or reopening of a well in a coal	10396
bearing township after determining that the drilling or reopening	10397
activities present an imminent and substantial threat to public	10398
health or safety or to miners' health or safety. Before issuing	10399
any such order, the chief shall notify the owner in such manner as	10400
in the chief's judgment would provide reasonable notification that	10401
the chief intends to issue a suspension order. The chief may	10402
issue such an order without prior notification if reasonable	10403
attempts to notify the owner have failed, but in such an event	10404
notification shall be given as soon thereafter as practical.	10405
Within five calendar days after the issuance of the order, the	10406
chief shall provide the owner an opportunity to be heard and to	10407
present evidence that the condition or activity is not likely to	10408
result in immediate substantial damage to natural resources or	10409
does not present an imminent danger to public health or safety or	10410
to miners' health or safety, if applicable. In the case of	10411
activities in a coal bearing township, if the chief, after	10412
considering evidence presented by the owner, determines that the	10413
activities do not present such a threat, the chief shall revoke	10414
the suspension order. Notwithstanding any provision of this	10415
chapter, the owner may appeal a suspension order directly to the	10416
court of common pleas of the county in which the activity is	10417
located or, if in a coal bearing township, to the ~~mine examining~~	10418
~~board~~ reclamation commission under section 1513.13 of the Revised	10419
Code.	10420

Sec. 1509.071. (A) When the chief of the division of	10421
mineral resources management finds that an owner has failed to	10422
comply with the restoration requirements of section 1509.072,	10423
plugging requirements of section 1509.12, or permit provisions of	10424
section 1509.13 of the Revised Code, or rules and orders relating	10425
thereto, the chief shall make a finding of that fact and declare	10426
any surety bond filed to ensure compliance with those sections and	10427
rules forfeited in the amount set by rule of the chief. The chief	10428
thereupon shall certify the total forfeiture to the attorney	10429
general, who shall proceed to collect the amount of the	10430
forfeiture.	10431

In lieu of total forfeiture, the surety, at its option, may	10432
cause the well to be properly plugged and abandoned and the area	10433
properly restored or pay to the treasurer of state the cost of	10434
plugging and abandonment.	10435

(B) All moneys collected because of forfeitures of bonds as	10436
provided in this section shall be deposited in the state treasury	10437
to the credit of the oil and gas well fund created in section	10438
1509.02 of the Revised Code. The fund shall be expended by the	10439
chief for the following purposes in addition to the other purposes	10440
specified in that section:	10441

(1) In accordance with division (D) of this section, to plug	10442
wells or to restore the land surface properly as required in	10443
section 1509.072 of the Revised Code for which the bonds have been	10444
forfeited, for abandoned wells for which no funds are available to	10445
plug the wells in accordance with this chapter, or to use	10446
abandoned wells for the injection of oil or gas production wastes;	10447

(2) In accordance with division (E) of this section, to	10448
correct conditions that the chief reasonably has determined are	10449
causing imminent health or safety risks.	10450

Expenditures from the fund shall be made only for lawful	10451
purposes.	10452

(C)(1) Upon determining that the owner of a well has failed	10453
to properly plug and abandon it or to properly restore the land	10454
surface at the well site in compliance with the applicable	10455
requirements of this chapter and applicable rules adopted and	10456
orders issued under it or that a well is an abandoned well for	10457
which no funds are available to plug the well in accordance with	10458
this chapter, the chief shall do all of the following:	10459

(a) Determine from the records in the office of the county	10460
recorder of the county in which the well is located the identity	10461
of the owner of the land on which the well is located, the	10462
identity of the owner of the oil or gas lease under which the well	10463
was drilled or the identity of each person owning an interest in	10464
the lease, and the identities of the persons having legal title	10465
to, or a lien upon, any of the equipment appurtenant to the well;	10466

(b) Mail notice to the owner of the land on which the well	10467
is located informing the landowner that the well is to be plugged.	10468
If the owner of the oil or gas lease under which the well was	10469
drilled is different from the owner of the well or if any persons	10470
other than the owner of the well own interests in the lease, the	10471
chief also shall mail notice that the well is to be plugged to the	10472
owner of the lease or to each person owning an interest in the	10473
lease, as appropriate.	10474

(c) Mail notice to each person having legal title to, or a	10475
lien upon, any equipment appurtenant to the well, informing the	10476
person that the well is to be plugged and offering the person the	10477
opportunity to plug the well and restore the land surface at the	10478
well site at the person's own expense in order to avoid forfeiture	10479
of the equipment to this state.	10480

(2) If none of the persons described in division (C)(1)(c)	10481
of this section plugs the well within sixty days after the mailing	10482
of the notice required by that division, all equipment appurtenant	10483
to the well is hereby declared to be forfeited to this state	10484
without compensation and without the necessity for any action by	10485
the state for use to defray the cost of plugging and abandoning	10486
the well and restoring the land surface at the well site.	10487

(D) Expenditures from the fund for the purpose of division	10488
(B)(1) of this section shall be made in accordance with either of	10489
the following:	10490

(1) The expenditures may be made pursuant to contracts	10491
entered into by the chief with persons who agree to furnish all of	10492
the materials, equipment, work, and labor as specified and	10493
provided in such a contract. Agents or employees of persons	10494
contracting with the chief for the restoration, plugging, and	10495
injection projects may enter upon any land, public or private, ~~for~~	10496
~~which a project has been approved by the controlling board and~~ on	10497
which the well is located, for the purpose of performing the work.	10498
Prior to such entry, the chief shall give to the following persons	10499
written notice of the existence of a contract for a project to	10500
restore, plug, or inject oil or gas production wastes into a well,	10501
the names of the persons with whom the contract is made, and the	10502
date that the project will commence: the owner of the well, the	10503
owner of the land upon which the well is located, the owner or	10504
agents of adjoining land, and, if the well is located in the same	10505
township as or in a township adjacent to the excavations and	10506
workings of a mine and the owner or lessee of that mine has	10507
provided written notice identifying those townships to the chief	10508
at any time during the immediately preceding three years, the	10509
owner or lessee of the mine.	10510

~~The chief periodically shall submit project proposals under~~	10511
~~division (D)(1) of this section to the controlling board, together~~	10512
~~with benefit and cost data and other pertinent information.~~	10513
~~Expenditures from the fund for the purpose of division (D)(1) of~~	10514
~~this section may be made only for restoration, plugging, or~~	10515
~~injection projects that are approved by the controlling board, and~~	10516
~~expenditures for a particular project may not exceed any limits~~	10517
~~set by the board.~~	10518

(2)(a) The owner of the land on which a well is located who	10519
has received notice under division (C)(1)(b) of this section may	10520
plug the well and be reimbursed by the division for the reasonable	10521
cost of plugging the well. In order to plug the well, the	10522
landowner shall submit an application to the chief on a form	10523
prescribed by the chief and approved by the technical advisory	10524
council on oil and gas created in section 1509.38 of the Revised	10525
Code. The application, at a minimum, shall require the landowner	10526
to provide the same information as is required to be included in	10527
the application for a permit to plug and abandon under section	10528
1509.13 of the Revised Code. The application shall be accompanied	10529
by a copy of a proposed contract to plug the well prepared by a	10530
contractor regularly engaged in the business of plugging oil and	10531
gas wells. The proposed contract shall require the contractor to	10532
furnish all of the materials, equipment, work, and labor necessary	10533
to plug the well properly and shall specify the price for doing	10534
the work, including a credit for the equipment appurtenant to the	10535
well that was forfeited to the state through the operation of	10536
division (C)(2) of this section. The application also shall be	10537
accompanied by the permit fee required by section 1509.13 of the	10538
Revised Code unless the chief, in the chief's discretion, waives	10539
payment of the permit fee. The application constitutes an	10540
application for a permit to plug and abandon the well for the	10541
purposes of section 1509.13 of the Revised Code.	10542

(b) Within thirty days after receiving an application and	10543
accompanying proposed contract under division (D)(2)(a) of this	10544
section, the chief shall determine whether the plugging would	10545
comply with the applicable requirements of this chapter and	10546
applicable rules adopted and orders issued under it and whether	10547
the cost of the plugging under the proposed contract is	10548
reasonable. If the chief determines that the proposed plugging	10549
would comply with those requirements and that the proposed cost of	10550
the plugging is reasonable, the chief shall notify the landowner	10551
of that determination and issue to the landowner a permit to plug	10552
and abandon the well under section 1509.13 of the Revised Code.	10553
Upon approval of the application and proposed contract, the chief	10554
shall transfer ownership of the equipment appurtenant to the well	10555
to the landowner. The chief may disapprove an application	10556
submitted under division (D)(2)(a) of this section if the chief	10557
determines that the proposed plugging would not comply with the	10558
applicable requirements of this chapter and applicable rules	10559
adopted and orders issued under it, that the cost of the plugging	10560
under the proposed contract is unreasonable, or that the proposed	10561
contract is not a bona fide, arms length contract.	10562

(c) After receiving the chief's notice of the approval of	10563
the application and permit to plug and abandon a well under	10564
division (D)(2)(b) of this section, the landowner shall enter into	10565
the proposed contract to plug the well. The plugging shall be	10566
completed within one hundred eight days after the landowner	10567
receives the notice of approval and permit.	10568

(d) Upon determining that the plugging has been completed	10569
within the time required by division (D)(2)(c) of this section and	10570
has been completed in compliance with the applicable requirements	10571
of this chapter and applicable rules adopted and orders issued	10572
under it, the chief shall reimburse the landowner for the cost of	10573
the plugging as set forth in the proposed contract approved by the	10574
chief. The reimbursement shall be paid from the oil and gas well	10575
fund. If the chief determines that the plugging was not completed	10576
within the required time or was not completed in accordance with	10577
the applicable requirements, the chief shall not reimburse the	10578
landowner for the cost of the plugging, and the landowner or the	10579
contractor, as applicable, promptly shall transfer back to this	10580
state title to and possession of the equipment appurtenant to the	10581
well that previously was transferred to the landowner under	10582
division (D)(2)(b) of this section. If any such equipment was	10583
removed from the well during the plugging and sold, the landowner	10584
shall pay to the chief the proceeds from the sale of the	10585
equipment, and the chief promptly shall pay the moneys so received	10586
to the treasurer of state for deposit into the oil and gas well	10587
fund.	10588

The chief may establish an annual limit on the number of	10589
wells that may be plugged under division (D)(2) of this section or	10590
an annual limit on the expenditures to be made under that	10591
division.	10592

As used in division (D)(2) of this section, "plug" and	10593
"plugging" include the plugging of the well and the restoration of	10594
the land surface disturbed by the plugging.	10595

(E) Expenditures from the oil and gas well fund for the	10596
purpose of division (B)(2) of this section may be made pursuant to	10597
contracts entered into by the chief with persons who agree to	10598
furnish all of the materials, equipment, work, and labor as	10599
specified and provided in such a contract. The competitive	10600
bidding requirements of Chapter 153. of the Revised Code do not	10601
apply if the chief reasonably determines that correction of the	10602
applicable health or safety risk requires immediate action. The	10603
chief, designated representatives of the chief, and agents or	10604
employees of persons contracting with the chief under this	10605
division may enter upon any land, public or private, for the	10606
purpose of performing the work.	10607

(F) Contracts entered into by the chief under this section	10608
are not subject to either of the following:	10609

(1) Chapter 4115. of the Revised Code;

10610

(2) Section 153.54 of the Revised Code, except that the	10611
contractor shall obtain and provide to the chief as a bid guaranty	10612
a surety bond or letter of credit in an amount equal to ten per	10613
cent of the amount of the contract.	10614

(G) The owner of land on which a well is located who has	10615
received notice under division (C)(1)(b) of this section, in lieu	10616
of plugging the well in accordance with division (D)(2) of this	10617
section, may cause ownership of the well to be transferred to an	10618
owner who is lawfully doing business in this state and who has met	10619
the financial responsibility requirements established under	10620
section 1509.07 of the Revised Code, subject to the approval of	10621
the chief. The transfer of ownership also shall be subject to the	10622
landowner's filing the appropriate forms required under this	10623
chapter and providing to the chief sufficient information to	10624
demonstrate the landowner's or owner's right to produce a	10625
formation or formations. That information may include a deed, a	10626
lease, or other documentation of ownership or property rights.	10627

The chief shall approve or disapprove the transfer of	10628
ownership of the well. If the chief approves the transfer, the	10629
owner is responsible for operating the well in accordance with	10630
this chapter and rules adopted under it, including, without	10631
limitation, all of the following:	10632

(1) Filing an application with the chief under section	10633
1509.06 of the Revised Code if the owner intends to drill deeper	10634
or produce a formation that is not listed in the records of the	10635
division for that well;	10636

(2) Taking title to and possession of the equipment	10637
appurtenant to the well that has been identified by the chief as	10638
having been abandoned by the former owner;	10639

(3) Complying with all applicable requirements that are	10640
necessary to drill deeper, plug the well, or plug back the well.	10641

Sec. 1509.08. Upon receipt of an application for a permit	10642
required by section 1509.05 of the Revised Code, or upon receipt	10643
of an application for a permit to plug and abandon under section	10644
1509.13 of the Revised Code, the chief of the division of mineral	10645
resources management shall determine whether the well is or is to	10646
be located in a coal bearing township.	10647

Whether or not the well is or is to be located in a coal	10648
bearing township, the chief, by order, may refuse to issue a	10649
permit required by section 1509.05 of the Revised Code to any	10650
applicant who at the time of applying for the permit is in	10651
material or substantial violation of this chapter or rules adopted	10652
or orders issued under it. The chief shall refuse to issue a	10653
permit to any applicant who at the time of applying for the permit	10654
has been found liable by a final nonappealable order of a court of	10655
competent jurisdiction for damage to streets, roads, highways,	10656
bridges, culverts, or drainways pursuant to section 4513.34 or	10657
5577.12 of the Revised Code until the applicant provides the chief	10658
with evidence of compliance with the order. No applicant shall	10659
attempt to circumvent this provision by applying for a permit	10660
under a different name or business organization name, by	10661
transferring responsibility to another person or entity, by	10662
abandoning the well or lease, or by any other similar act.	10663

If the well is not or is not to be located in a coal bearing	10664
township, or if it is to be located in a coal bearing township,	10665
but the landowner submits an affidavit attesting to ownership of	10666
the property in fee simple, including the coal, and has no	10667
objection to the well, the chief shall issue the permit.	10668

If the application to drill, reopen, or convert concerns a	10669
well that is or is to be located in a coal bearing township, the	10670
chief immediately shall notify the owner or lessee of any affected	10671
mine that the application has been filed and send to the owner or	10672
lessee two copies of the map accompanying the application setting	10673
forth the location of the well.	10674

If the owner or lessee objects to the location of the well or	10675
objects to any location within fifty feet of the original location	10676
as a possible site for relocation of the well, the owner or lessee	10677
shall notify the chief of the objection, giving the reasons for	10678
the objection and, if applicable, indicating on a copy of the map	10679
the particular location or locations within fifty feet of the	10680
original location to which the owner or lessee objects as a site	10681
for possible relocation of the well, within six days after the	10682
receipt of the notice. If the chief receives no objections from	10683
the owner or lessee of the mine within ten days after the receipt	10684
of the notice by the owner or lessee, or if in the opinion of the	10685
chief the objections offered by the owner or lessee are not	10686
sufficiently well founded, the chief immediately shall notify the	10687
owner or lessee of those findings. The owner or lessee may appeal	10688
the decision of the chief to the ~~mine examining board created~~	10689
reclamation commission under section ~~1561.10~~ 1513.13 of the	10690
Revised Code. The appeal shall be filed within fifteen days,	10691
notwithstanding provisions in divisions (A)(1) of section 1513.13	10692
of the Revised Code, to the contrary, from the date on which the	10693
owner or lessee receives the notice. If the appeal is not filed	10694
within that time, the chief immediately shall approve the	10695
application and issue the permit if the provisions of this chapter	10696
pertaining to the issuance of such a permit have been complied	10697
with.	10698

If the chief receives an objection from the owner or lessee	10699
of the mine as to the location of the well within ten days after	10700
receipt of the notice by the owner or lessee, and if in the	10701
opinion of the chief the objection is well founded, the chief	10702
shall disapprove the application and suggest a new location for	10703
the well, provided that the suggested new location shall not be a	10704
location within fifty feet of the original location to which the	10705
owner or lessee has objected as a site for possible relocation of	10706
the well if the chief has determined that the objection is well	10707
founded. The chief immediately shall notify the applicant for the	10708
permit of the disapproval and any suggestion as to a new location	10709
for the well. The applicant may withdraw the application or amend	10710
the application to drill the well at the location suggested by the	10711
chief, or the applicant may appeal the disapproval of the	10712
application by the chief to the ~~mine examining board~~ reclamation	10713
commission.	10714

If the chief receives no objection from the owner or lessee	10715
of a mine as to the location of the well, but does receive an	10716
objection from the owner or lessee as to one or more locations	10717
within fifty feet of the original location as possible sites for	10718
relocation of the well within ten days after receipt of the notice	10719
by the owner or lessee, and if in the opinion of the chief the	10720
objection is well founded, the chief nevertheless shall approve	10721
the application and issue a permit if the provisions of this	10722
chapter pertaining to the issuance of such a permit have been	10723
complied with, incorporating as a term or condition of the permit	10724
that the applicant is prohibited from commencing drilling at any	10725
location within fifty feet of the original location that has been	10726
disapproved by the chief. The applicant may appeal to the ~~mine~~	10727
~~examining board~~ reclamation commission the terms and conditions of	10728
the permit prohibiting the commencement of drilling at any such	10729
location disapproved by the chief.	10730

Any such appeal shall be filed within fifteen days,	10731
notwithstanding provisions in division (A)(1) of section 1513.13	10732
of the Revised Code to the contrary, from the date the applicant	10733
receives notice of the disapproval of the application, any other	10734
location within fifty feet of the original location, or terms or	10735
conditions of the permit, or the owner or lessee receives notice	10736
of the chief's decision. No approval or disapproval of an	10737
application shall be delayed by the chief for more than fifteen	10738
days from the date of sending the notice of the application to the	10739
mine owner or lessee as required by this section.	10740

All appeals provided for in this section shall be treated as	10741
expedited appeals. The ~~mine examining board~~ reclamation	10742
commission shall hear any such appeal in accordance with section	10743
~~1561.53~~ 1513.13 of the Revised Code and ~~render~~ issue a decision	10744
within thirty days of the filing of the notice of appeal.	10745

The chief shall not issue a permit to drill a new well or	10746
reopen a well that is or is to be located within three hundred	10747
feet of any opening of any mine used as a means of ingress,	10748
egress, or ventilation for persons employed in the mine, nor	10749
within one hundred feet of any building or inflammable structure	10750
connected with the mine and actually used as a part of the	10751
operating equipment of the mine, unless the chief determines that	10752
life or property will not be endangered by drilling and operating	10753
the well in that location.	10754

Sec. 1509.11. The owner of any well producing or capable of	10755
producing oil or gas shall file with the chief of the division of	10756
mineral resources management, on or before the ~~fifteenth~~ first day	10757
of ~~April~~ March, a statement of production of oil, gas, and brine	10758
for the last preceding calendar year in such form as the chief may	10759
prescribe. The chief shall include on the form, at the minimum, a	10760
request for the submittal of the information that a person who is	10761
regulated under this chapter is required to submit under the	10762
"Emergency Planning and Community Right-To-Know Act of 1986," 100	10763
Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under it,	10764
and that the division does not obtain through other reporting	10765
mechanisms.	10766

Sec. 1509.23. (A) Rules of the chief of the division of	10767
mineral resources management may specify practices to be followed	10768
in the drilling of wells and production of oil and gas for	10769
protection of public health or safety or to prevent damage to	10770
natural resources, including specification of devices, minimum	10771
distances that wells and other excavations, structures, and	10772
equipment shall be located from water wells, streets, roads,	10773
highways, railroad tracks, and buildings, other methods of	10774
operation, and procedures, methods, and equipment and other	10775
requirements for equipment to prevent and contain discharges of	10776
oil from oil production facilities and oil drilling and workover	10777
facilities consistent with and equivalent in scope, content, and	10778
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	10779
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	10780
as amended, and regulations adopted under it.	10781

(B) The chief, in consultation with the emergency response	10782
commission created in section 3750.02 of the Revised Code, shall	10783
adopt rules in accordance with Chapter 119. of the Revised Code	10784
that specify the information that shall be included in an	10785
electronic database that the chief shall create and host. The	10786
information shall be that which the chief considers to be	10787
appropriate for the purpose of responding to emergency situations	10788
that pose a threat to public health or safety or the environment.	10789
At the minimum, the information shall include that which a person	10790
who is regulated under this chapter is required to submit under	10791
the "Emergency Planning and Community Right-To-Know Act of 1986,"	10792
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	10793
it.	10794

In addition, the rules shall specify whether and to what	10795
extent the database and the information that it contains will be	10796
made accessible to the public. The rules shall ensure that the	10797
database will be made available via the internet or a system of	10798
computer disks to the emergency response commission and to every	10799
local emergency planning committee and fire department in this	10800
state.	10801

Sec. 1513.05. There is hereby created a reclamation	10802
commission consisting of seven members appointed by the governor	10803
with the advice and consent of the senate. For the purposes of	10804
hearing appeals under section 1513.13 of the Revised Code that	10805
involve mine safety issues, the reclamation commission shall	10806
consist of two additional members appointed specifically for that	10807
function by the governor with the advice and consent of the	10808
senate. All terms of office shall be for five years, commencing	10809
on the twenty-ninth day of June and ending on the twenty-eighth	10810
day of June. Each member shall hold office from the date of	10811
appointment until the end of the term for which the appointment	10812
was made. Each vacancy occurring on the commission shall be	10813
filled by appointment within sixty days after the vacancy occurs.	10814
Any member appointed to fill a vacancy occurring prior to the	10815
expiration of the term for which the member's predecessor was	10816
appointed shall hold office for the remainder of such term. Any	10817
member shall continue in office subsequent to the expiration date	10818
of the member's term until the member's successor takes office, or	10819
until a period of sixty days has elapsed, whichever occurs first.	10820
~~Two~~	10821

Two of the appointees to the commission shall be persons who,	10822
at the time of their appointment, own and operate a farm or are	10823
retired farmers. Notwithstanding section 1513.04 of the Revised	10824
Code, one of the appointees to the commission shall be a person	10825
who, at the time of appointment, is the representative of an	10826
operator of a coal mine. One of the appointees to the commission	10827
shall be a person who, by reason of the person's previous	10828
vocation, employment, or affiliations, can be classed as a	10829
representative of the public. One of the appointees to the	10830
commission shall be a person who, by reason of previous training	10831
and experience, can be classed as one learned and experienced in	10832
modern forestry practices. One of the appointees to the	10833
commission shall be a person who, by reason of previous training	10834
and experience, can be classed as one learned and experienced in	10835
agronomy. One of the appointees to the commission shall be either	10836
a person who, by reason of previous training and experience, can	10837
be classed as one capable and experienced in earth-grading	10838
problems, or a civil engineer. Not more than four members shall	10839
be members of the same political party.	10840

The two additional members of the commission who are	10841
appointed specifically to hear appeals that involve mine safety	10842
issues shall be individuals who, because of previous vocation,	10843
employment, or affiliation, can be classified as representatives	10844
of employees currently engaged in mining operations. One shall be	10845
a representative of coal miners, and one shall be a representative	10846
of aggregates miners. Prior to making the appointment, the	10847
governor shall request the highest ranking officer in the major	10848
employee organization representing coal miners in this state to	10849
submit to the governor the names and qualifications of three	10850
nominees and shall request the highest ranking officer in the	10851
major employee organization representing aggregates miners in this	10852
state to do the same. The governor shall appoint one person	10853
nominated by each organization to the commission. The nominees	10854
shall have not less than five years of practical experience in	10855
dealing with mine health and safety issues and at the time of the	10856
nomination shall be employed in positions that involve the	10857
protection of the health and safety of miners. The major employee	10858
organization representing coal miners and the major employee	10859
organization representing aggregates miners shall represent a	10860
membership consisting of the largest number of coal miners and	10861
aggregates miners, respectively, in this state compared to other	10862
employee organizations in the year prior to the year in which the	10863
appointments are made.	10864

When the commission hears an appeal that involves a coal	10865
mining safety issue, one of the commission members who owns and	10866
operates a farm or is a retired farmer shall be replaced by the	10867
additional member who is a representative of coal miners. When	10868
the commission hears an appeal that involves an aggregates mining	10869
safety issue, one of the commission members who owns and operates	10870
a farm or is a retired farmer shall be replaced by the additional	10871
member who is a representative of aggregates miners. Neither of	10872
the additional members who are appointed specifically to hear	10873
appeals that involve mine safety issues shall be considered to be	10874
members of the commission for any other purpose, and they shall	10875
not participate in any other matters that come before the	10876
commission.	10877

The commission may appoint a secretary to hold office at its	10878
pleasure. A commission member may serve as secretary. The	10879
secretary shall perform such duties as the commission prescribes,	10880
and shall receive such compensation as the commission fixes in	10881
accordance with such schedules as are provided by law for the	10882
compensation of state employees.	10883

The commission shall appoint one or more hearing officers who	10884
shall be attorneys at law admitted to practice in this state to	10885
conduct hearings under this chapter.	10886

Four members constitute a quorum, and no action of the	10887
commission shall be valid unless it has the concurrence of at	10888
least four members. The commission shall keep a record of its	10889
proceedings.	10890

Each member shall be paid as compensation for work as a	10891
member one hundred fifty dollars per day when actually engaged in	10892
the performance of work as a member and when engaged in travel	10893
necessary in connection with such work. In addition to such	10894
compensation each member shall be reimbursed for all traveling,	10895
hotel, and other expenses, in accordance with the current travel	10896
rules of the office of budget and management, necessarily incurred	10897
in the performance of the member's work as a member.	10898

Annually one member shall be elected as chairperson and	10899
another member shall be elected as vice-chairperson for terms of	10900
one year.	10901

The governor may remove any member of the commission from	10902
office for inefficiency, neglect of duty, malfeasance,	10903
misfeasance, or nonfeasance, after delivering to the member the	10904
charges against the member in writing with at least ten days'	10905
written notice of the time and place at which the governor will	10906
publicly hear the member, either in person or by counsel, in	10907
defense of the charges against the member. If the member is	10908
removed from office, the governor shall file in the office of the	10909
secretary of state a complete statement of the charges made	10910
against the member and a complete report of the proceedings. The	10911
action of the governor removing a member from office is final.	10912

The commission shall adopt rules governing procedure of	10913
appeals under section 1513.13 of the Revised Code and may, for its	10914
own internal management, adopt rules ~~which~~ that do not affect	10915
private rights.	10916

Sec. 1513.10. If, at the end of a coal mining operation's	10917
permit or renewal period, the number of acres of land affected by	10918
the operation proves to be smaller than the number of acres of	10919
land for which the operator paid a permit fee for the operation	10920
under section 1513.07 of the Revised Code, the operator is	10921
entitled to a refund of the excess permit fee. The refund shall	10922
be in an amount equal to the amount paid per acre as a permit fee	10923
multiplied by the difference between the number of acres in the	10924
area of land affected as verified by the division of mineral	10925
resources management and the number of acres of land for which the	10926
operator paid a permit fee.	10927

Refunds shall be paid out of the reclamation fee fund,	10928
which is hereby created in the state treasury. The treasurer of	10929
state shall place forty thousand dollars from the fees collected	10930
under section 1513.07 of the Revised Code in the fund. As moneys	10931
are spent from the fund, the treasurer of state shall credit to	10932
the fund the amount that is needed to keep the balance of the fund	10933
at forty thousand dollars. The remainder of the fees collected	10934
under section 1513.07 of the Revised Code shall be deposited with	10935
the treasurer of state to the credit of the coal mining	10936
administration and reclamation reserve fund created in section	10937
1513.181 of the Revised Code.	10938

Sec. 1513.13. (A)(1) ~~A person having an interest that is or~~	10939
~~may be adversely affected by a finding or determination of the~~	10940
~~chief of the division of mineral resources management made under~~	10941
~~section 1509.08, 1561.35, 1561.351, 1563.13, or 6111.044 of the~~	10942
~~Revised Code or an investigation made by the chief under section~~	10943
~~1561.51 of the Revised Code may appeal to the mine examining board~~	10944
~~in accordance with those sections.~~ Any ~~other~~ person having an	10945
interest that is or may be adversely affected by a notice of	10946
violation, order, or decision of the chief of the division of	10947
mineral resources management, other than a show cause order or an	10948
order that adopts a rule, or by any modification, vacation, or	10949
termination of such a notice, order, or decision, may appeal by	10950
filing a notice of appeal with the reclamation commission for	10951
review of the notice, order, or decision within thirty days after	10952
the notice, order, or decision is served upon the person or within	10953
thirty days after its modification, vacation, or termination and	10954
by filing a copy of the notice of appeal with the chief within	10955
three days after filing the notice of appeal with the commission.	10956
The notice of appeal shall contain a copy of the notice of	10957
violation, order, or decision complained of and the grounds upon	10958
which the appeal is based. The commission has exclusive original	10959
jurisdiction to hear and decide such appeals. The filing of a	10960
notice of appeal under division (A)(1) of this section does not	10961
operate as a stay of any order, notice of violation, or decision	10962
of the chief.	10963

(2) The permittee, the chief, and other interested persons	10964
shall be given written notice of the time and place of the hearing	10965
at least five days prior thereto. The hearing shall be of record.	10966

(3) Any person authorized under this section to appeal to	10967
the commission may request an informal review by the chief or the	10968
chief's designee by filing a written request with the chief within	10969
thirty days after a notice, order, decision, modification,	10970
vacation, or termination is served upon the person. Filing of the	10971
written request shall toll the time for appeal before the	10972
commission, but shall not operate as a stay of any order, notice	10973
of violation, or decision of the chief. The chief's determination	10974
of an informal review is appealable to the commission under this	10975
section.	10976

(B) The commission shall affirm the notice of violation,	10977
order, or decision of the chief unless the commission determines	10978
that it is arbitrary, capricious, or otherwise inconsistent with	10979
law; in that case the commission may modify the notice of	10980
violation, order, or decision or vacate it and remand it to the	10981
chief for further proceedings that the commission may direct.	10982

The commission shall conduct hearings and render decisions in	10983
a timely fashion, except that all of the following apply:	10984

(1) When the appeal concerns an order for the cessation of	10985
coal mining and reclamation operations issued pursuant to division	10986
(D)(1) or (2) of section 1513.02 of the Revised Code, the	10987
commission shall issue its written decision within thirty days	10988
after the receipt of the appeal unless temporary relief has been	10989
granted by the chairperson pursuant to division (C) of this	10990
section.	10991

(2) When the appeal concerns an application for a permit	10992
under division (I) of section 1513.07 of the Revised Code, the	10993
commission shall hold a hearing within thirty days after receipt	10994
of the notice of appeal and issue its decision within thirty days	10995
after the hearing.	10996

(3) When the appeal concerns a decision of the chief	10997
regarding release of bond under division (F) of section 1513.16 of	10998
the Revised Code, the commission shall hold a hearing within	10999
thirty days after receipt of the notice of appeal and issue its	11000
decision within sixty days after the hearing.	11001

(4) When the appeal concerns a decision of the chief	11002
regarding the location of a well in a coal bearing township under	11003
section 1509.08 of the Revised Code, the commission shall hold a	11004
hearing and issue its decision within thirty days after receipt of	11005
the notice of appeal.	11006

(C) The chairperson of the commission, under conditions the	11007
chairperson prescribes, may grant temporary relief the chairperson	11008
considers appropriate pending final determination of an appeal if	11009
all of the following conditions are met:	11010

(1) All parties to the appeal have been notified and given	11011
an opportunity for a hearing to be held in the locality of the	11012
subject site on the request for temporary relief and the	11013
opportunity to be heard on the request.	11014

(2) The person requesting relief shows that there is a	11015
substantial likelihood that the person will prevail on the merits.	11016

(3) The relief will not adversely affect public health or	11017
safety or cause significant imminent environmental harm to land,	11018
air, or water resources.	11019

The chairperson shall issue a decision expeditiously, except	11020
that when the applicant requests relief from an order for the	11021
cessation of coal mining and reclamation operations issued	11022
pursuant to division (D)(1) or (2) of section 1513.02 of the	11023
Revised Code, the decision shall be issued within five days after	11024
its receipt.	11025

Any party to an appeal filed with the commission who is	11026
aggrieved or adversely affected by a decision of the chairperson	11027
to grant or deny temporary relief under this section may appeal	11028
that decision to the commission. The commission may confine its	11029
review to the record developed at the hearing before the	11030
chairperson.	11031

The appeal shall be filed with the commission within thirty	11032
days after the chairperson issues the decision on the request for	11033
temporary relief. The commission shall issue a decision as	11034
expeditiously as possible, except that when the appellant requests	11035
relief from an order for the cessation of coal mining and	11036
reclamation operations issued pursuant to division (D)(1) or (2)	11037
of section 1513.02 of the Revised Code, the decision of the	11038
commission shall be issued within five days after receipt of the	11039
notice of appeal.	11040

The commission shall affirm the decision of the chairperson	11041
granting or denying temporary relief unless it determines that the	11042
decision is arbitrary, capricious, or otherwise inconsistent with	11043
law.	11044

(D) Following the issuance of an order to show cause as to	11045
why a permit should not be suspended or revoked pursuant to	11046
division (D)(3) of section 1513.02 of the Revised Code, the chief	11047
or a representative of the chief shall hold a public adjudicatory	11048
hearing after giving written notice of the time, place, and date	11049
thereof. The hearing shall be of record.	11050

Within sixty days following the public hearing, the chief	11051
shall issue and furnish to the permittee and all other parties to	11052
the hearing a written decision, and the reasons therefor,	11053
concerning suspension or revocation of the permit. If the chief	11054
revokes the permit, the permittee immediately shall cease coal	11055
mining operations on the permit area and shall complete	11056
reclamation within a period specified by the chief, or the chief	11057
shall declare as forfeited the performance bonds for the	11058
operation.	11059

(E)(1) Whenever an enforcement order or permit decision is	11060
appealed under this section or any action is filed under division	11061
(B) of section 1513.15 or 1513.39 of the Revised Code, at the	11062
request of a prevailing party, a sum equal to the aggregate amount	11063
of all costs and expenses, including attorney's fees, as	11064
determined to have been necessary and reasonably incurred by the	11065
prevailing party for or in connection with participation in the	11066
enforcement proceedings before the commission, the court under	11067
section 1513.15 of the Revised Code, or the chief under section	11068
1513.39 of the Revised Code, may be awarded, as considered proper,	11069
in accordance with divisions (E)(1)(a) to (c) of this section. In	11070
no event shall attorney's fees awarded under this section exceed,	11071
for the kind and quality of services, the prevailing market rates	11072
at the time the services were furnished under division (A) of this	11073
section. A party may be entitled to costs and expenses related	11074
solely to the preparation, defense, and appeal of a petition for	11075
costs and expenses, provided that the costs and expenses are	11076
limited and proportionate to costs and expenses otherwise allowed	11077
under division (E) of this section.	11078

(a) A party, other than the permittee or the division of	11079
mineral resources management, shall file a petition, if any, for	11080
an award of costs and expenses, including attorney's fees, with	11081
the chief, who shall review the petition. If the chief finds that	11082
the party, other than the permittee or the division, prevailed in	11083
whole or in part, made a substantial contribution to a full and	11084
fair determination of the issues, and made a contribution separate	11085
and distinct from the contribution made by any other party, the	11086
chief may award to that party the party's costs and expenses,	11087
including attorney's fees that were necessary and reasonably	11088
incurred by the party for, or in connection with, participation in	11089
the proceeding before the commission.	11090

(b) If a permittee who made a request under division (E)(1)	11091
of this section demonstrates that a party other than a permittee	11092
who initiated an appeal under this section or participated in such	11093
an appeal initiated or participated in the appeal in bad faith and	11094
for the purpose of harassing or embarrassing the permittee, the	11095
permittee may file a petition with the chief. The chief may award	11096
to the permittee the costs and expenses reasonably incurred by the	11097
permittee in connection with participation in the appeal and	11098
assess those costs and expenses against the party who initiated	11099
the appeal.	11100

(c) The division may file, with the commission, a request	11101
for an award to the division of the costs and expenses reasonably	11102
incurred by the division in connection with an appeal initiated	11103
under this section. The commission may assess those costs and	11104
expenses against the party who initiated the appeal if the	11105
division demonstrates that the party initiated or participated in	11106
the appeal in bad faith and for the purpose of harassing or	11107
embarrassing the division.	11108

(2) Whenever an order issued under this section or as a	11109
result of any administrative proceeding under this chapter is the	11110
subject of judicial review, at the request of any party, a sum	11111
equal to the aggregate amount of all costs and expenses, including	11112
attorney's fees, as determined by the court to have been necessary	11113
and reasonably incurred by the party for or in connection with	11114
participation in the proceedings, may be awarded to either party,	11115
in accordance with division (E)(1) of this section, as the court,	11116
on the basis of judicial review, considers proper.	11117

Sec. 1513.14. (A) Any party aggrieved or adversely affected	11118
by a decision of the reclamation commission may appeal to the	11119
court of appeals for the county in which the activity addressed by	11120
the decision of the commission occurred, is occurring, or will	11121
occur, which court has exclusive jurisdiction over the appeal. The	11122
appeal shall be filed within thirty days of issuance of the	11123
decision of the commission. The court shall confine its review to	11124
the record certified by the commission. The court may, upon	11125
motion, grant such temporary relief as it ~~deems~~ considers	11126
appropriate pending final disposition of the appeal if all of the	11127
following apply:	11128

(1) All parties to the appeal have been notified and given	11129
an opportunity to be heard on a request for temporary relief;.	11130

(2) The person requesting the relief shows that there is a	11131
substantial likelihood that the person will prevail on the merits;	11132
~~and~~.	11133

(3) The relief will not adversely affect public health or	11134
safety or the health or safety of miners or cause significant	11135
imminent environmental harm to land, air, or water resources.	11136

The court shall affirm the decision of the commission unless	11137
the court determines that it is arbitrary, capricious, or	11138
otherwise inconsistent with law, in which case the court shall	11139
vacate the decision and remand to the commission for such further	11140
proceedings as it may direct.	11141

(B) Any order of the chief of the division of mineral	11142
resources management adopting a rule shall be subject to judicial	11143
review in the Franklin county court of appeals, which court has	11144
exclusive original jurisdiction to review the order. A petition	11145
for review of the order shall be filed within thirty days from the	11146
date of such order. The petition may be made by any person who	11147
participated in the rule-making proceedings and who is aggrieved	11148
by the order. The court shall confine its review to the record of	11149
the rule-making proceedings. The order shall be affirmed unless	11150
the court concludes that the order is arbitrary, capricious, or	11151
otherwise inconsistent with law, in which case the court shall	11152
vacate the order or portion thereof and remand to the chief for	11153
such further proceedings as it may direct.	11154

Sec. 1514.11. In addition to the purposes authorized in	11155
section 1514.06 of the Revised Code, the chief of the division of	11156
mineral resources management may use moneys in the surface mining	11157
fund created under that section for the administration and	11158
enforcement of this chapter, for the reclamation of land affected	11159
by surface mining under a permit issued under this chapter that	11160
the operator failed to reclaim and for which the performance bond	11161
filed by the operator is insufficient to complete the reclamation,	11162
~~and~~ for the reclamation of land affected by surface mining that	11163
was abandoned and left unreclaimed and for which no permit was	11164
issued or bond filed under this chapter, and for the mine safety	11165
and first aid classes provided under division (C) of section	11166
1561.26 of the Revised Code. The chief, with the approval of the	11167
director of natural resources, annually shall determine the	11168
amounts to be expended for the mine safety and first aid classes.	11169
For purposes of this section, the chief shall expend moneys in the	11170
fund in accordance with the procedures and requirements	11171
established in section 1514.06 of the Revised Code and may enter	11172
into contracts and perform work in accordance with that section.	11173

Fees collected under sections 1514.02 and 1514.03 of the	11174
Revised Code, one-half of the moneys collected from the severance	11175
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	11176
the Revised Code, and all of the moneys collected from the	11177
severance tax levied under division (A)(7) of section 5749.02 of	11178
the Revised Code shall be credited to the fund in accordance with	11179
those sections. Notwithstanding any section of the Revised Code	11180
relating to the distribution or crediting of fines for violations	11181
of the Revised Code, all fines imposed under section 1514.99 of	11182
the Revised Code shall be credited to the fund.	11183

Sec. 1517.05. The department of natural resources, for and	11184
on behalf of the state, shall acquire a system of nature preserves	11185
for the following uses and purposes:	11186

(A) For scientific research in such fields as ecology,	11187
taxonomy, genetics, forestry, pharmacology, agriculture, soil	11188
science, geology, paleontology, conservation, and similar fields;	11189

(B) For the teaching of biology, natural history, ecology,	11190
geology, conservation, and other subjects;	11191

(C) As habitats for plant and animal species and communities	11192
and other natural objects;	11193

(D) As reservoirs of natural materials;

11194

(E) As places of natural interest and beauty;

11195

(F) For visitation whereby persons may observe and	11196
experience natural biotic and environmental systems of the earth	11197
and their processes;	11198

(G) To promote understanding and appreciation of the	11199
aesthetic, cultural, scientific, and spiritual values of such	11200
areas by the people of the state;	11201

(H) For the preservation and protection of nature preserves	11202
against modification or encroachment resulting from occupation,	11203
development, or other use ~~which~~ that would destroy their natural	11204
or aesthetic conditions.	11205

The director of natural resources, upon the advice and	11206
concurrence of the Ohio natural areas council, shall accept	11207
natural areas by articles of dedication or gift, provided that	11208
funds and services are available for their preservation and	11209
protection.	11210

A nature preserve is established when articles of dedication	11211
have been filed by or at the direction of the owner of land, or a	11212
governmental agency having ownership or control thereof, in the	11213
office of the county recorder of the county in which the land is	11214
located.	11215

Articles of dedication shall be executed by the owner of the	11216
land in the same manner and with the same effect as a conveyance	11217
of an interest in land and shall be irrevocable except as provided	11218
in this section. The county recorder may not accept articles of	11219
dedication for recording unless they have been accepted by the	11220
director of natural resources. The director may not accept	11221
articles of dedication unless they contain terms restricting the	11222
use of the land ~~which~~ that adequately provide for its preservation	11223
and protection against modification or encroachment resulting from	11224
occupation, development, or other use ~~which~~ that would destroy its	11225
natural or aesthetic conditions for one or more of the uses and	11226
purposes set forth in this section. Wherever possible and	11227
consistent with such preservation and protection of the land, the	11228
articles shall provide for public access in order that the maximum	11229
benefit be obtained for the uses and purposes stated in this	11230
section.	11231

Articles of dedication may contain provisions for the	11232
management, custody, and transfer of land, provisions defining the	11233
rights of the owner or operating agency, and the department, and	11234
such other provisions as may be necessary or advisable to carry	11235
out the uses and purposes for which the land is dedicated. They	11236
may contain conditions under which the owner and the director of	11237
natural resources may agree to rescind the articles.	11238

The attorney general, upon request of the director of natural	11239
resources, may bring an action for injunction in any court of	11240
competent jurisdiction to enforce the terms of articles of	11241
dedication.	11242

The department may make or accept amendments of any articles	11243
of dedication upon terms and conditions that the director of	11244
natural resources determines will not destroy the natural or	11245
aesthetic conditions of a preserve, including amendments that	11246
provide for the relocation of an existing easement or other	11247
encumbrance within the boundaries of a preserve. The relocation	11248
of an existing easement or encumbrance does not constitute the	11249
destruction of the natural or aesthetic conditions of a preserve.	11250
If the fee simple interest in the area or preserve is not held by	11251
the state, no amendments shall be made without the written consent	11252
of the owner. Each amendment shall be recorded in the same manner	11253
as the articles of dedication.	11254

Sec. 1517.06. (A) Nature preserves dedicated under section	11255
1517.05 of the Revised Code are to be held in trust, for the uses	11256
and purposes set forth in that section ~~1517.05 of the Revised~~	11257
~~Code~~, for the benefit of the people of the state of present and	11258
future generations. They shall be managed and protected in the	11259
manner approved by, and subject to rules established by the chief	11260
of the division of natural areas and preserves. They shall not be	11261
taken for any other use except another public use after a finding	11262
by the department of natural resources of the existence of an	11263
imperative and unavoidable public necessity for such other public	11264
use and with the approval of the governor. Except as may	11265
otherwise be provided in the articles of dedication, the	11266
department may grant, upon such terms and conditions as it may	11267
determine, an estate, interest, or right in, or dispose of, a	11268
nature preserve, but only after a finding by the department of the	11269
existence of an imperative and unavoidable public necessity for	11270
~~such~~ the grant or disposition and with the approval of the	11271
governor.	11272

(B) For purposes of this section, the relocation of an	11273
existing easement or other encumbrance within the boundaries of a	11274
preserve does not constitute the taking of land for another use.	11275
In addition, the relocation does not require a finding of the	11276
existence of an imperative and unavoidable public necessity by the	11277
department and does not require the approval of the governor.	11278

Sec. 1517.07. ~~Before~~ (A) Except as provided in division (B)	11279
of this section, before the department of natural resources makes	11280
any finding of the existence of an imperative and unavoidable	11281
public necessity, or grants any estate, interest, or right in a	11282
nature preserve or disposes of a nature preserve or of any estate,	11283
interest, or right therein as provided in section 1517.06 of the	11284
Revised Code, it shall give notice of ~~such~~ the proposed action and	11285
an opportunity for any person to be heard at a public hearing in	11286
the county in which the preserve is located. In the event the	11287
preserve is located in more than one county, the public hearing	11288
shall be held in the most populous county. ~~Such~~ The notice shall	11289
be published at least once in a newspaper with a general	11290
circulation in the county in which the nature preserve is located.	11291
The notice shall set forth the substance of the proposed action	11292
and describe, with or without legal description, the nature	11293
preserve affected, and shall specify a place and time not less	11294
than thirty days after ~~such~~ the publication for a public hearing	11295
before the department on ~~such~~ the proposed action. All persons	11296
desiring to be heard shall have a reasonable opportunity to be	11297
heard prior to action by the department on ~~such~~ the proposal.	11298

(B) A public hearing under this section is not required for	11299
the relocation of an existing easement or encumbrance within the	11300
boundaries of a preserve.	11301

Sec. 1521.04. The chief of the division of water, with the	11302
approval of the director of natural resources, may make loans and	11303
grants from the water management fund created in section 1501.32	11304
of the Revised Code to governmental agencies for water management,	11305
water supply improvements, and planning and may administer grants	11306
from the federal government and from other public or private	11307
sources for carrying out those functions and for the performance	11308
of any acts that may be required by the United States or by any	11309
agency or department thereof as a condition for the participation	11310
by any governmental agency in any federal financial or technical	11311
assistance program. Direct and indirect costs of administration	11312
may be paid from the water management fund.	11313

The chief may use the water management fund to acquire,	11314
construct, reconstruct, improve, equip, maintain, operate, and	11315
dispose of water management improvements. The chief may fix,	11316
alter, charge, and collect rates, fees, rentals, and other charges	11317
to be paid into the water management fund by governmental agencies	11318
and persons who are supplied with water by facilities constructed	11319
or operated by the department of natural resources in order to	11320
amortize and defray the cost of the construction, maintenance, and	11321
operation of those facilities. ~~This section does not apply to the~~	11322
~~Burr Oak water system administered by the chief engineer of the~~	11323
~~department of natural resources under sections 1507.01 and 1507.12~~	11324
~~of the Revised Code.~~	11325

Sec. 1521.19. (A) There is hereby created the Ohio water	11326
resources council consisting of the directors of agriculture,	11327
development, environmental protection, health, natural resources,	11328
transportation, and the Ohio public works commission, the	11329
chairperson of the public utilities commission of Ohio, the	11330
executive directors of the state and local government commission	11331
of Ohio and the Ohio water development authority, and an executive	11332
assistant in the office of the governor appointed by the governor.	11333
The governor shall appoint one of the members of the council to	11334
serve as its chairperson. The council may adopt bylaws that are	11335
necessary for the implementation of this section. The council	11336
shall provide a forum for policy development, collaboration and	11337
coordination among state agencies, and strategic direction with	11338
respect to state water resource programs. The council shall be	11339
assisted in its functions by a state agency coordinating group and	11340
an advisory group as provided in this section.	11341

(B) The state agency coordinating group shall consist of the	11342
executive director of the Ohio Lake Erie commission and a member	11343
or members from each state agency, commission, and authority	11344
represented on the council, to be appointed by the applicable	11345
director, chairperson, or executive director. However, the	11346
environmental protection agency shall be represented on the group	11347
by the chiefs of the divisions within that agency having	11348
responsibility for surface water programs and drinking and ground	11349
water programs, and the department of natural resources shall be	11350
represented on the group by the chief of the division of water	11351
and the chief of the division of soil and water conservation. The	11352
chairperson of the council shall appoint a leader of the state	11353
agency coordinating group. The group shall provide assistance to	11354
and perform duties on behalf of the council as directed by the	11355
council.	11356

(C) The advisory group shall consist of not more than twenty	11357
members, each representing an organization or entity with an	11358
interest in water resource issues. The council shall appoint the	11359
members of the advisory group. Of the initial appointments, not	11360
more than ten members shall be appointed for one-year terms, and	11361
not more than ten members shall be appointed for two-year terms.	11362
Thereafter, all advisory group members shall serve two-year terms.	11363
Members may be reappointed. Each member shall hold office from	11364
the date of the member's appointment until the end of the member's	11365
term. A member shall continue in office subsequent to the	11366
expiration date of the member's term until the member's successor	11367
takes office or until a period of sixty days has elapsed,	11368
whichever occurs first. The council may remove a member for	11369
misfeasance, nonfeasance, or malfeasance in office. The council	11370
shall appoint members to fill any vacancies on the group. A	11371
member appointed to fill a vacancy shall hold office for the	11372
remainder of the term for which that member was appointed.	11373

The chairperson of the council shall appoint a chairperson of	11374
the advisory group. The advisory group shall advise the council	11375
on water resources issues addressed by the council.	11376

(D) There is hereby created in the state treasury the Ohio	11377
water resources council fund. The department of natural resources	11378
shall serve as the fiscal agent for the fund. The departments of	11379
agriculture, development, environmental protection, health,	11380
natural resources, and transportation shall transfer moneys to the	11381
fund in equal amounts via intrastate transfer voucher. The public	11382
utilities commission of Ohio, Ohio public works commission, state	11383
and local government commission of Ohio, and Ohio water	11384
development authority may transfer moneys to the fund. If a	11385
voluntary transfer of moneys is made to the fund, the portion that	11386
is required to be transferred by the departments of agriculture,	11387
development, environmental protection, health, natural resources,	11388
and transportation may be equally reduced. Moneys in the fund	11389
shall be used to pay the operating expenses of the Ohio water	11390
resources council, including those specified in division (E) of	11391
this section.	11392

(E) The Ohio water resources council may hire staff to	11393
support its activities. The council may enter into contracts and	11394
agreements with state agencies, political subdivisions, and	11395
private entities to assist in accomplishing its objectives.	11396
Advisory group members shall be reimbursed for expenses	11397
necessarily incurred in the performance of their duties pursuant	11398
to section 126.31 of the Revised Code and any applicable rules	11399
pertaining to travel reimbursement adopted by the office of budget	11400
and management.	11401

Sec. 1531.35. The wildlife boater angler fund is hereby	11402
created in the state treasury. The fund shall consist of money	11403
credited to the fund pursuant to section 5735.051 of the Revised	11404
Code and other money contributed to the division of wildlife for	11405
the purposes of the fund. The fund ~~may~~ shall be used for boating	11406
access construction, ~~capital~~ improvements, ~~grant programs for~~	11407
~~boating~~ and ~~fishing access,~~ maintenance~~, and development~~ on lakes	11408
on which the operation of gasoline-powered watercraft is	11409
permissible.	11410

Sec. 1533.13. Hunting and fishing licenses, wetlands habitat	11411
stamps, deer and wild turkey permits, and fur taker permits shall	11412
be issued by the clerk of the court of common pleas, village and	11413
township clerks, and other authorized agents designated by the	11414
chief of the division of wildlife. When required by the chief, a	11415
clerk or agent shall give bond in the manner provided by the	11416
chief. All bonds, reports, except records prescribed by the	11417
auditor of state, and moneys received by those persons shall be	11418
handled under rules adopted by the director of natural resources.	11419

The premium ~~of any fidelity bond prescribed under section~~	11420
~~9.832 of the Revised Code or~~ of any bond prescribed by the chief	11421
under this section may be paid by the chief. Any person who is	11422
designated and authorized by the chief to issue licenses, stamps,	11423
and permits as provided in this section, except the clerk of the	11424
court of common pleas and the village and township clerks, shall	11425
pay to the chief a premium in an amount that represents the	11426
person's portion of the premium paid by the chief under this	11427
section, which amount shall be established by the chief and	11428
approved by the wildlife council created under section 1531.03 of	11429
the Revised Code. The chief shall pay all moneys that the chief	11430
receives as premiums under this section into the state treasury to	11431
the credit of the wildlife fund created under section 1531.17 of	11432
the Revised Code.	11433

Every authorized agent, for the purpose of issuing hunting	11434
and fishing licenses, deer and wild turkey permits, and fur taker	11435
permits, may administer oaths to and take affidavits from	11436
applicants for the licenses or permits when required. An	11437
authorized agent may appoint deputies to perform any acts that the	11438
agent is authorized to perform, consistent with division rules.	11439

Every applicant for a hunting or fishing license, deer or	11440
wild turkey permit, or fur taker permit, unless otherwise provided	11441
by division rule, shall make and subscribe an affidavit setting	11442
forth the applicant's name, age, weight, height, occupation, place	11443
of residence, personal description, and citizenship. The clerk or	11444
other agent authorized to issue licenses and permits shall charge	11445
each applicant a fee of one dollar for taking the affidavit and	11446
issuing the license or permit. The application, license, permit,	11447
and other blanks required by this section shall be prepared and	11448
furnished by the chief, in such form as the chief provides, to the	11449
clerk or other agent authorized to issue them. The licenses and	11450
permits shall be issued to applicants by the clerk or other agent.	11451
The record of licenses and permits kept by the clerk and other	11452
authorized agents shall be uniform throughout the state and in	11453
such form or manner as the auditor of state prescribes and shall	11454
be open at all reasonable hours to the inspection of any person.	11455
Unless otherwise provided by division rule, each hunting license,	11456
deer or wild turkey permit, and fur taker permit issued shall	11457
remain in force until midnight of the thirty-first day of August	11458
next ensuing. Application for any such license or permit may be	11459
made and a license or permit issued prior to the date upon which	11460
it becomes effective.	11461

The chief may require an applicant who wishes to purchase a	11462
license, stamp, or permit by mail or telephone to pay a nominal	11463
fee for postage and handling.	11464

The court before whom a violator of any laws or division	11465
rules for the protection of wild animals is tried, as a part of	11466
the punishment, shall revoke the license, stamp, or permit of any	11467
person convicted. The license, stamp, or permit fee paid by that	11468
person shall not be returned to the person. The person shall not	11469
procure or use any other license, stamp, or permit or engage in	11470
hunting wild animals or trapping fur-bearing animals during the	11471
period of revocation as ordered by the court.	11472

No person under sixteen years of age shall engage in hunting	11473
unless accompanied by the person's parent or another adult person.	11474

Sec. 1547.67. The division of watercraft, with the approval	11475
of the director of natural resources, may expend, for the purpose	11476
of assisting political subdivisions, conservancy districts, and	11477
state departments to establish or maintain and operate a marine	11478
patrol for the purpose of enforcing this chapter and Chapter 1548.	11479
of the Revised Code and rules adopted under them and to provide	11480
emergency response to boating accidents on the water, such funds	11481
as are appropriated by the general assembly for that purpose and,	11482
in addition, such moneys from the waterways safety fund	11483
established in section 1547.75 of the Revised Code as determined	11484
to be necessary by the division not to exceed ten per cent of all	11485
moneys accruing to the fund. In no case shall the grant to a	11486
political subdivision, conservancy district, or state department,	11487
not including the department of natural resources, total more than	11488
~~thirty~~ thirty-five thousand dollars in a calendar year. Moneys so	11489
allocated may be used for the purchase, maintenance, and operation	11490
of vessels and marine equipment, educational materials, and	11491
personnel salaries that are necessary for enforcement of this	11492
chapter and Chapter 1548. of the Revised Code and rules adopted	11493
under them and to provide emergency response to boating accidents	11494
on the water.	11495

The division shall disburse the moneys as provided in this	11496
section in accordance with its determination of need in the	11497
enforcement of this chapter and Chapter 1548. of the Revised Code	11498
and rules adopted under them and shall disburse those moneys only	11499
on a cost share basis to supplement funds allocated by a political	11500
subdivision, conservancy district, or state department for that	11501
purpose. A grantee shall provide at least twenty-five per cent of	11502
the total program cost.	11503

Sec. 1561.05. The laws relating to mines and mining and	11504
duties and functions of the division of mineral resources	11505
management shall be administered by the chief of the division of	11506
mineral resources management, and through and by deputy mine	11507
inspectors. If a vacancy occurs in the office of a deputy mine	11508
inspector, it may be filled by the chief, who shall select a	11509
~~qualified~~ person from the eligible list ~~certified to the chief by~~	11510
~~the mine examining board~~ for deputy mine inspectors that is	11511
prepared under section 124.24 of the Revised Code.	11512

The chief shall adopt, in accordance with Chapter 119. of the	11513
Revised Code, all necessary rules for conducting examinations and	11514
for governing all other matters requisite to the exercise of the	11515
chief's powers and the performance of the chief's duties under	11516
this chapter and Chapters 1509., 1563., 1565., and 1567. of the	11517
Revised Code relating to mines and mining.	11518

Sec. 1561.07. The mining laws of this state shall extend to	11519
and govern the operation of clay mines and clay stripping pits in	11520
so far as such laws are applicable thereto. The chief of the	11521
division of mineral resources management shall adopt, publish, and	11522
enforce specific rules particularly applicable to clay mining	11523
operations to safeguard life and property in the clay mining	11524
industry and to secure safe and sanitary working conditions in	11525
such clay mines and clay stripping pits.	11526

Such rules adopted by the chief shall provide that:

11527

(A) Distances between break-throughs in clay mines shall not	11528
exceed one hundred feet, unless permission in special cases is	11529
granted by the chief, after maps have been filed with the chief	11530
showing the method of working and ventilating the same, if such	11531
distances would add to increased safety.	11532

(B) When, in the opinion of the mine foreperson or deputy	11533
mine inspector, line brattices or other approved methods of	11534
circulation are necessary to deliver sufficient air to the working	11535
face, they shall be provided by the owner, operator, or lessee.	11536

(C) Not more than a two days' supply of explosives shall be	11537
stored in a clay mine at any one time, and not more than one	11538
hundred pounds of explosives shall be stored in any one place at	11539
any one time.	11540

(D) Charges of explosives shall be made up at least one	11541
hundred feet away from any storage place for explosives.	11542

(E) There shall be no less than two persons in each working	11543
place when shots are being lighted.	11544

(F) Misfired shots in clay mines shall be posted on the	11545
bulletin board or other conspicuous place available for	11546
examination by the workers when shots are fired by other than the	11547
loaders.	11548

(G) The use of electric blasting caps shall be encouraged as	11549
a safety measure.	11550

The chief, in assigning deputy mine inspectors, shall	11551
designate inspectors who have had experience and are especially	11552
qualified in clay mining operations, to examine and inspect clay	11553
mining operations and enforce the law relating to such operations.	11554

The ~~mine examining board~~ chief, in conducting examinations	11555
and issuing certificates for mine forepersons, shall ~~in its rules~~	11556
provide by rules adopted under section 1561.05 of the Revised Code	11557
for the examination of applicants for certificates as mine	11558
forepersons in a clay mine or clay stripping pits to test the	11559
applicant on experience and fitness on the problems and duties	11560
peculiar to the clay mining industry. An applicant for a	11561
certificate as a clay mine foreperson shall have at least three	11562
years' experience in mining operations.	11563

Sec. 1561.11. The ~~mine examining board~~ chief of the division	11564
of mineral resources management, for the purpose of conducting the	11565
examinations for mine ~~foremen~~ forepersons and fire bosses, may	11566
designate one or more examining boards of three members, selected	11567
from among the deputy mine inspectors, superintendent and	11568
assistant superintendents of rescue stations, and electrical	11569
inspectors. The examinations shall be conducted in the district	11570
of the applicant's residence or as near thereto as practicable.	11571
Grading and issuance of certificates shall be done by the ~~board~~	11572
chief.	11573

Sec. 1561.12. An applicant for any examination or	11574
certificate under this section shall, before being examined,	11575
register ~~his~~ the applicant's name with the ~~mine examining board~~	11576
chief of the division of mineral resources management and file	11577
with the ~~board~~ chief an affidavit as to all matters of fact	11578
establishing ~~his~~ the applicant's right to receive the examination,	11579
a certificate of good character and temperate habits signed by at	11580
least three reputable citizens of the community in which he the	11581
applicant resides, and a certificate from a reputable and	11582
disinterested physician as to the physical condition of such	11583
applicant showing that he the applicant is physically capable of	11584
performing the duties of the office or position.	11585

Each applicant for examination for any of the following	11586
positions shall present evidence satisfactory to the ~~board~~ chief	11587
that he the applicant has been a resident and citizen of this	11588
state for two years next preceding the date of application:	11589

(A) An applicant for the position of deputy mine inspector	11590
of underground mines shall have had actual practical experience of	11591
not less than six years, at least two of which shall have been in	11592
the underground workings of ~~coal~~ mines in this state. In the case	11593
of an applicant who would inspect underground coal mines, the two	11594
years shall consist of actual practical experience in underground	11595
coal mines. In the case of an applicant who would inspect noncoal	11596
mines, the two years shall consist of actual practical experience	11597
in noncoal mines. In lieu of two years of the actual practical	11598
experience required, the ~~board~~ chief may accept as the equivalent	11599
thereof a certificate evidencing graduation from an accredited	11600
school of mines or mining, after a four-year course of study, but	11601
such credit shall not apply as to the two years' actual practical	11602
experience required in the ~~coal~~ mines in this state.	11603

He The applicant shall pass an examination as to ~~his~~ the	11604
applicant's practical and technological knowledge of mine	11605
surveying, mining machinery, and appliances; the proper	11606
development and operation of mines; the best methods of working	11607
and ventilating mines; the nature, properties, and powers of	11608
noxious, poisonous, and explosive gases, particularly methane; the	11609
best means and methods of detecting, preventing, and removing the	11610
accumulation of such gases; the use and operation of gas detecting	11611
devices and appliances; first aid to the injured; and the uses and	11612
dangers of electricity as applied and used in, at, and around	11613
mines. Such applicant shall also hold a certificate for ~~foreman~~	11614
foreperson of gaseous mines issued by the ~~mine examining board~~	11615
chief.	11616

(B) An applicant for the position of deputy mine inspector	11617
of surface mines shall have had actual practical mining experience	11618
of not less than six years, at least two of which shall have been	11619
in surface coal mines in this state. In lieu of two years of the	11620
actual practical experience required, the ~~board~~ chief may accept	11621
as the equivalent thereof a certificate evidencing graduation from	11622
an accredited school of mines or mining, after a four-year course	11623
of study, but that credit shall not apply as to the two years'	11624
actual practical experience required in the coal mines in this	11625
state. The applicant shall pass an examination as to ~~his~~ the	11626
applicant's practical and technological knowledge of surface mine	11627
surveying, machinery, and appliances; the proper development and	11628
operations of surface mines; first aid to the injured; and the use	11629
and dangers of explosives and electricity as applied and used in,	11630
at, and around surface mines. The applicant shall also hold a	11631
surface mine ~~foreman~~ foreperson certificate issued by the ~~mine~~	11632
~~examining board~~ chief.	11633

(C) An applicant for the position of electrical inspector	11634
shall have had at least five years' practical experience in the	11635
installation and maintenance of electrical circuits and equipment	11636
in mines, and he the applicant shall be thoroughly familiar with	11637
the principles underlying the safety features of permissible and	11638
approved equipment as authorized and used in mines.	11639

He The applicant shall be required to pass the examination	11640
required for deputy mine inspectors and an examination testing and	11641
determining ~~his~~ the applicant's qualification and ability to	11642
competently inspect and administer the mining law ~~which~~ that	11643
relates to electricity used in and around mines and mining in this	11644
state.	11645

(D) An applicant for the position of superintendent or	11646
assistant superintendent of rescue stations shall possess the same	11647
qualifications as those required for a deputy mine inspector. In	11648
addition, he the applicant shall present evidence satisfactory to	11649
the ~~board~~ chief that he the applicant is sufficiently qualified	11650
and trained to organize, supervise, and conduct group training	11651
classes in first aid, safety, and rescue work.	11652

He The applicant shall pass the examination required for	11653
deputy mine inspectors and shall be tested as to ~~his~~ the	11654
applicant's practical and technological experience and training in	11655
first aid, safety, and mine rescue work.	11656

(E) An applicant for the position of mine chemist shall have	11657
such educational training as is represented by the degree MS in	11658
chemistry from a university of recognized standing, and at least	11659
five years of actual practical experience in research work in	11660
chemistry or as an assistant chemist. The ~~board~~ chief may provide	11661
that an equivalent combination of education and experience	11662
together with a wide knowledge of the methods of and skill in	11663
chemical analysis and research may be accepted in lieu of the	11664
above qualifications. It is preferred that such chemist shall	11665
have had actual experience in mineralogy and metallurgy.	11666

(F) An applicant for the position of gas storage well	11667
inspector shall possess the same qualifications as an applicant	11668
for the position of deputy mine inspector and shall have a	11669
practical knowledge and experience of and in the operation,	11670
location, drilling, maintenance, and abandonment of oil and gas	11671
wells, especially in coal or mineral bearing townships, and shall	11672
have a thorough knowledge of the latest and best method of	11673
plugging and sealing abandoned oil and gas wells.	11674

Such applicant for gas storage well inspector shall pass an	11675
examination conducted by the ~~board~~ chief to determine ~~his~~ the	11676
applicant's fitness to act as a gas storage well inspector before	11677
being eligible for appointment.	11678

Sec. 1561.13. The ~~mine examining board~~ chief of the division	11679
of mineral resources management shall conduct examinations for	11680
offices and positions in the division of mineral resources	11681
management, and for mine forepersons, mine electricians, shot	11682
firers, surface mine blasters, and fire bosses, as follows:	11683

(A) Division of mineral resources management:

11684

(1) Deputy mine inspectors of underground mines;

11685

(2) Deputy mine inspectors of surface mines;

11686

(3) Electrical inspectors;

11687

(4) Superintendent of rescue stations;

11688

(5) Assistant superintendents of rescue stations;

11689

(6) Mine chemists at a division laboratory if the chief of	11690
~~the division of mineral resources management~~ chooses to operate a	11691
laboratory;	11692

(7) Gas storage well inspector.

11693

(B) Mine forepersons:

11694

(1) Mine foreperson of gaseous mines;

11695

(2) Mine foreperson of nongaseous mines;

11696

(3) Mine foreperson of surface mines.

11697

11698

(1) Foreperson of gaseous mines;

11699

(2) Foreperson of nongaseous mines;

11700

(3) Foreperson of surface maintenance facilities at	11701
underground or surface mines;	11702

(4) Foreperson of surface mines.

11703

(D) Fire bosses.

11704

(E) Mine electricians.

11705

(F) Surface mine blasters.

11706

(G) Shot firers.

11707

~~The board shall hold such meetings as are necessary for the~~	11708
~~proper discharge of its duties.~~	11709

The ~~board~~ chief annually shall ~~meet annually at the capitol,~~	11710
~~as prescribed by its rules,~~ provide for the examination of	11711
candidates for appointment or promotion as deputy mine inspectors	11712
and such other positions and offices set forth in division (A) of	11713
this section as are necessary. Special examinations may be held	11714
whenever it becomes necessary to make appointments to any of those	11715
positions.	11716

~~For~~ The chief shall provide for the examination of persons	11717
seeking certificates of competency as mine forepersons,	11718
forepersons, mine electricians, shot firers, surface mine	11719
blasters, and fire bosses~~, the board shall hold meetings,~~	11720
quarterly or more often as required, at such times and places	11721
within the state as shall, in the judgment of the ~~members~~ chief,	11722
afford the best facilities to the greatest number of applicants.	11723
Public notice shall be given through the press or otherwise, not	11724
less than ten days in advance, announcing the time and place at	11725
which examinations under this section are to be held.	11726

The examinations provided for in this section shall be	11727
conducted under rules adopted under section 1561.05 of the Revised	11728
Code and conditions prescribed by the ~~board~~ chief. ~~Such rules~~	11729
~~shall be made a part of the permanent record of the board, and~~	11730
~~such of them as~~ Any rules that relate to particular candidates	11731
shall, upon application of any candidate, be furnished to the	11732
candidate by the ~~board~~ chief; they shall also be of uniform	11733
application to all candidates in the several groups.	11734

Sec. 1561.14. A person who applies for a certificate as a	11735
mine electrician shall be able to read and write the English	11736
language, and prior to the date of the application for examination	11737
either shall have had at least one year's experience in performing	11738
electrical work underground in a coal mine, in the surface work	11739
area of an underground coal mine, in a surface coal mine, or in a	11740
noncoal mine, or shall have had such experience as the ~~mine~~	11741
~~examining board~~ chief of the division of mineral resources	11742
management determines to be equivalent. Each applicant for	11743
examination shall pay a fee of ten dollars to the ~~board~~ chief on	11744
the first day of the examination. Any moneys collected under this	11745
section shall be paid into the state treasury to the credit of the	11746
mining regulation fund created in section 1561.48 of the Revised	11747
Code.	11748

Sec. 1561.15. An applicant for a certificate as mine ~~foreman~~	11749
foreperson, ~~foreman~~ foreperson, mine electrician, shot firer,	11750
surface mine blaster, or fire boss shall apply to the ~~mine~~	11751
~~examining board~~ chief of the division of mineral resources	11752
management for examination and shall be examined by the ~~board~~	11753
chief. This shall be a practical examination, a substantial part	11754
of which shall be oral, to determine the competency of the	11755
applicant, based on experience and practical knowledge of the	11756
dangers incident to coal mining, and not upon technical education,	11757
but consideration shall be given such technical education as the	11758
applicant possesses. This examination shall be held as soon after	11759
application is made as practicable in the district from which the	11760
applicant makes application.	11761

Sec. 1561.16. (A) As used in this section and sections	11762
1561.17 to 1561.21 of the Revised Code, "actual practical	11763
experience" means previous employment that involved a person's	11764
regular presence in the type of mining operation in which the	11765
experience is required to exist; participation in functions	11766
relating to the hazards involved in and the utilization of	11767
equipment, tools, and work crews and individuals for that type of	11768
mining; and regular exposure to the methods, procedures, and	11769
safety laws applicable to that type of mining. Credit of up to	11770
one year for a portion of the required experience time may be	11771
given upon documentation to the ~~mine examining board~~ chief of the	11772
division of mineral resources management of an educational degree	11773
in a field related to mining. Credit of up to two years of the	11774
required experience time may be given upon presentation to the	11775
~~mine examining board~~ chief of proof of graduation from an	11776
accredited school of mines or mining after a four-year course of	11777
study with employment in the mining industry during interim breaks	11778
during the school years.	11779

(B) A person who applies for a certificate as a mine ~~foreman~~	11780
foreperson of gaseous mines shall be able to read and write the	11781
English language; shall have had at least five years' actual	11782
practical experience in the underground workings of a gaseous mine	11783
or the equivalent thereof in the judgment of the ~~mine examining~~	11784
~~board~~ chief; and shall have had practical experience obtained by	11785
actual contact with gas in mines and have knowledge of the dangers	11786
and nature of noxious and explosive gases and ventilation of	11787
gaseous mines. An applicant for a certificate as a ~~foreman~~	11788
foreperson of gaseous mines shall meet the same requirements,	11789
except that the applicant shall have had at least three years'	11790
actual practical experience in the underground workings of a	11791
gaseous mine or the equivalent thereof in the judgment of the ~~mine~~	11792
~~examining board~~ chief. Each applicant for examination shall pay a	11793
fee of ten dollars to the ~~board~~ chief on the first day of such	11794
examination. Any moneys collected under this section shall be	11795
paid into the state treasury to the credit of the mining	11796
regulation fund created in section 1561.48 of the Revised Code.	11797

Sec. 1561.17. A person who applies for a certificate as mine	11798
~~foreman~~ foreperson or ~~foreman~~ foreperson of nongaseous mines shall	11799
be able to read and write the English language; shall have had at	11800
least three years' actual practical experience in mines, or the	11801
equivalent thereof in the judgment of the ~~mine examining board~~	11802
chief of the division of mineral resources management; and shall	11803
have knowledge of the dangers and nature of noxious gases. Each	11804
applicant for examination shall pay a fee of ten dollars to the	11805
~~board~~ chief on the first day of the examination. Any moneys	11806
collected under this section shall be paid into the state treasury	11807
to the credit of the mining regulation fund created in section	11808
1561.48 of the Revised Code.	11809

Sec. 1561.18. A person who applies for a certificate as a	11810
~~foreman~~ foreperson of surface maintenance facilities at	11811
underground or surface mines shall be able to read and write the	11812
English language and shall have had at least three years' actual	11813
practical experience in or around the surface maintenance	11814
facilities of underground or surface mines or the equivalent	11815
thereof in the judgment of the ~~mine examining board~~ chief of the	11816
division of mineral resources management. Each applicant for	11817
examination shall pay a fee of ten dollars to the ~~board~~ chief on	11818
the first day of the examination. Any moneys collected under this	11819
section shall be paid into the state treasury to the credit of the	11820
mining regulation fund created in section 1561.48 of the Revised	11821
Code.	11822

Sec. 1561.19. A person who applies for a certificate as a	11823
mine ~~foreman~~ foreperson of surface mines shall be able to read and	11824
write the English language and shall have had at least five years'	11825
actual practical experience in surface mines. An applicant for a	11826
certificate as a ~~foreman~~ foreperson of surface mines shall meet	11827
the same requirements, except that the applicant shall have had at	11828
least three years' actual practical experience in surface mines or	11829
the equivalent thereof in the judgment of the ~~mine examining board~~	11830
chief of the division of mineral resources management. Each	11831
applicant for examination shall pay a fee of ten dollars to the	11832
~~board~~ chief on the first day of the examination. Any moneys	11833
collected under this section shall be paid into the state treasury	11834
to the credit of the mining regulation fund created in section	11835
1561.48 of the Revised Code.	11836

Sec. 1561.20. A person who applies for a certificate as a	11837
surface mine blaster shall be able to read and write the English	11838
language; shall have had at least one year's actual practical	11839
experience in surface mines or the equivalent thereof in the	11840
judgment of the ~~mine examining board~~ chief of the division of	11841
mineral resources management; shall have knowledge of the dangers	11842
and nature of the use of explosives, related equipment, and	11843
blasting techniques; and shall have knowledge of safety laws and	11844
rules, including those related to the storage, use, and	11845
transportation of explosives. Each applicant for examination	11846
shall pay a fee of ten dollars to the ~~board~~ chief on the first day	11847
of the examination. Any moneys collected under this section shall	11848
be paid into the state treasury to the credit of the mining	11849
regulation fund created in section 1561.48 of the Revised Code.	11850

Sec. 1561.21. A person who applies for a certificate as a	11851
shot firer shall be able to read and write the English language;	11852
shall have had at least one year's actual practical experience in	11853
the underground workings of mines or the equivalent thereof in the	11854
judgment of the ~~mine examining board~~ chief of the division of	11855
mineral resources management; shall have knowledge of the dangers	11856
and nature of noxious and explosive gases; shall have knowledge of	11857
the dangers and nature of the use of explosives, related	11858
equipment, and blasting techniques; and shall have knowledge of	11859
safety laws and rules, including those related to the underground	11860
storage, use, and transportation of explosives. Each applicant	11861
for examination shall pay a fee of ten dollars to the ~~board~~ chief	11862
on the first day of the examination. Any moneys collected under	11863
this section shall be paid into the state treasury to the credit	11864
of the mining regulation fund created in section 1561.48 of the	11865
Revised Code.	11866

Any person who possesses a mine ~~foreman~~ foreperson or ~~foreman~~	11867
foreperson certificate issued by the ~~mine examining board~~ chief	11868
shall be considered certified as a shot firer.	11869

Sec. 1561.22. A person who applies for a certificate as fire	11870
boss shall be able to read and write the English language; shall	11871
have had at least three years' actual practical experience in the	11872
underground workings of a gaseous mine or the equivalent thereof	11873
in the judgment of the ~~mine examining board~~ chief of the division	11874
of mineral resources management; and shall have knowledge of the	11875
dangers and nature of noxious and explosive gases gained by actual	11876
contact with gas in mines and ventilation of gaseous mines. Each	11877
applicant for examination shall pay a fee of ten dollars to the	11878
~~board~~ chief on the first day of the examination. Any moneys	11879
collected under this section shall be paid into the state treasury	11880
to the credit of the mining regulation fund created in section	11881
1561.48 of the Revised Code.	11882

Sec. 1561.23. The ~~mine examining board~~ chief of the division	11883
of mineral resources management shall issue the following	11884
certificates to those applicants who pass their examination:	11885

(A) Certificates for mine ~~foremen~~ forepersons of gaseous	11886
mines;	11887

(B) Certificates for mine ~~foremen~~ forepersons of nongaseous	11888
mines;	11889

11890

(D) Certificates for ~~foremen~~ forepersons of nongaseous	11891
mines;	11892

(E) Certificates for ~~foremen~~ forepersons of surface	11893
maintenance facilities of underground or surface mines;	11894

(F) Certificates for mine ~~foremen~~ forepersons of surface	11895
mines;	11896

(G) Certificates for ~~foremen~~ forepersons of surface mines;

11897

(H) Certificates for fire bosses;

11898

(I) Certificates for mine electricians;

11899

(J) Certificates for surface mine blasters;

11900

(K) Certificates for shot firers.

11901

Applicants for certificates shall make application to the	11902
~~board~~ chief, on a form provided by it the chief, for examination.	11903
All applicants shall be able to read and write the English	11904
language intelligently, and shall furnish the ~~board~~ chief with a	11905
certificate as to their character, length and description of their	11906
practical experience, and satisfactory evidence of their ability	11907
to perform the duties of the position for which they make	11908
application for examination.	11909

Any certificate issued by the former mine examining board	11910
prior to ~~the effective date of this amendment~~ October 29, 1995,	11911
shall remain in effect notwithstanding the new classifications of	11912
certificates established by this ~~amendment~~ section.	11913

Sec. 1561.26. (A) As used in this section, "EMT-basic,"	11914
"EMT-I," and "paramedic" have the same meanings as in section	11915
4765.01 of the Revised Code.	11916

(B) The superintendent of rescue stations, with the approval	11917
of the chief of the division of mineral resources management,	11918
shall, at each rescue station provided for in section 1561.25 of	11919
the Revised Code, train and employ rescue crews of six members	11920
each, one of whom shall hold a mine foreperson or fire boss	11921
certificate and be designated captain, and train and employ any	11922
number of such rescue crews as the superintendent believes	11923
necessary. One member of a rescue crew shall be certified as an	11924
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew	11925
shall devote the time specified by the chief each month for	11926
training purposes and shall be available at all times to assist in	11927
rescue work at explosions, mine fires, and other emergencies.	11928

A captain of mine rescue crews shall receive for service as	11929
captain the sum of twenty-four dollars per month, and each member	11930
shall receive the sum of twenty dollars per month, all payable on	11931
requisition approved by the chief. When engaged in rescue work at	11932
explosions, mine fires, or other emergencies away from their	11933
station, the members of the rescue crews and captains of the same	11934
shall be paid the sum of six dollars per hour for work on the	11935
surface, which includes the time consumed by ~~such~~ those members in	11936
traveling to and from the scene of ~~such~~ the emergency when ~~such~~	11937
the scene is away from the station of ~~such~~ the members, and the	11938
sum of seven dollars per hour for all work underground at ~~such~~ the	11939
emergency, and in addition thereto, the necessary living expenses	11940
of ~~such~~ the members when ~~such~~ the emergency is away from their	11941
home station, all payable on requisition approved by the chief.	11942

Each member of a mine rescue crew shall undergo an annual	11943
medical examination by a doctor designated by the chief. In	11944
designating ~~such~~ the doctor, the chief shall choose one near the	11945
station of the member of ~~such~~ the rescue crews. ~~Such~~ The doctor	11946
shall report the doctor's findings to the chief and if, in the	11947
opinion of the chief, ~~such~~ the report indicates that ~~such~~ the	11948
member is physically unfit for further services, the chief shall	11949
relieve the member from further duty. The fee charged by ~~such~~ the	11950
doctor for ~~such~~ the examination shall be paid in the same manner	11951
as fees are paid to doctors employed by the industrial commission	11952
for special medical examinations.	11953

The chief may remove any member of a rescue crew for any	11954
reason. Such crews shall be subject to the orders of the chief,	11955
the superintendent, and the deputy mine inspectors when engaged in	11956
actual mine rescue work. Mine rescue crews shall, in case of	11957
death or injury when engaged in rescue work, wherever the same may	11958
occur, be paid compensation, or their dependents shall be paid	11959
death benefits, from the workers' compensation fund, in the same	11960
manner as other employees of the state.	11961

(C) In addition to the training of rescue crews, each	11962
assistant superintendent of rescue stations, with the approval of	11963
the superintendent, shall provide for and conduct safety, first	11964
aid, and rescue classes at any mine or for any group of miners who	11965
make application for the conducting of such classes. The chief may	11966
assess a fee for safety and first aid classes for the purpose of	11967
covering the costs associated with providing those classes. The	11968
chief shall establish a fee schedule for safety and first aid	11969
classes by rule adopted in accordance with Chapter 119. of the	11970
Revised Code. Fees collected under this section shall be	11971
deposited in the surface mining fund created in section 1514.06 of	11972
the Revised Code.	11973

The superintendent shall prescribe and provide for a uniform	11974
schedule of conducting such safety and rescue classes as will	11975
provide a competent knowledge of modern safety and rescue methods	11976
in, at, and about mines.	11977

Sec. 1561.35. If the deputy mine inspector finds that any	11978
matter, thing, or practice connected with any mine and not	11979
prohibited specifically by law is dangerous or hazardous, or that	11980
from a rigid enforcement of this chapter and Chapters 1509.,	11981
1563., 1565., and 1567. of the Revised Code, the matter, thing, or	11982
practice would become dangerous and hazardous so as to tend to the	11983
bodily injury of any person, the deputy mine inspector forthwith	11984
shall give notice in writing to the owner, lessee, or agent of the	11985
mine of the particulars in which the deputy mine inspector	11986
considers the mine or any matter, thing, or practice connected	11987
therewith is dangerous or hazardous and recommend changes that the	11988
conditions require, and forthwith shall mail a copy of the report	11989
and the deputy mine inspector's recommendations to the chief of	11990
the division of mineral resources management. Upon receipt of the	11991
report and recommendations, the chief forthwith shall make a	11992
finding thereon and mail a copy to the owner, operator, lessee, or	11993
agent of the mine, and to the deputy mine inspector; a copy of the	11994
finding of the chief shall be posted upon the bulletin board of	11995
the mine. Where the miners have a mine safety committee, one	11996
additional copy shall be posted on the bulletin board for the use	11997
and possession of the committee.	11998

The owner, operator, lessee, or agent of the mine, or the	11999
authorized representative of the workers of the mine, within ten	12000
days may appeal to the ~~mine examining board~~ reclamation commission	12001
for a review and redetermination of the finding of the chief in	12002
the matter in accordance with section ~~1561.53~~ 1513.13 of the	12003
Revised Code, notwithstanding division (A)(1) of that section,	12004
which provides for appeals within thirty days. A copy of the	12005
decision of the ~~board~~ commission shall be mailed as required by	12006
this section for the mailing of the finding by the chief on the	12007
deputy mine inspector's report.	12008

Sec. 1561.351. A deputy mine inspector who makes a finding	12009
concerning a violation of this chapter or Chapter 1563., 1565., or	12010
1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15,	12011
1509.17, or 1509.18 of the Revised Code that involves mining	12012
safety shall notify the chief of the division of mineral resources	12013
management of the finding. The chief shall review the inspector's	12014
finding, make a written determination regarding it, and provide a	12015
copy of the written determination to the owner, operator, lessee,	12016
or agent of the mine involved. The chief shall provide a copy of	12017
the written determination to any other interested party upon	12018
request.	12019

A person, such as an owner, operator, lessee, or agent of the	12020
mine or the authorized representative of the workers of the mine,	12021
who has an interest that is or may be adversely affected by the	12022
chief's determination may appeal the determination, not later than	12023
ten days after receiving notice of the determination, to the ~~mine~~	12024
~~examining board~~ reclamation commission by filing a copy of the	12025
chief's written determination with the ~~board~~ commission,	12026
notwithstanding division (A)(1) of section 1513.13 of the Revised	12027
Code, which provides for appeals within thirty days. The ~~board~~	12028
commission shall hear the appeal in accordance with section	12029
~~1561.53~~ 1513.13 of the Revised Code.	12030

Sec. 1561.46. Fees received by the ~~mine examining board~~	12031
chief of the division of mineral resources management under	12032
sections 1561.16 to 1561.22 of the Revised Code shall be paid by	12033
the ~~secretary of the board~~ chief into the state treasury to the	12034
credit of the mining regulation fund created in section 1561.48 of	12035
the Revised Code.	12036

Sec. 1561.51. When written charges of neglect of duty,	12037
incompetency, or malfeasance in office against the deputy mine	12038
inspector are filed with the chief of the division of mineral	12039
resources management, signed by not less than fifteen employees,	12040
or otherwise as provided in section 1561.50 of the Revised Code,	12041
or the owner, lessee, or agent of a mine, and the signers of the	12042
charges are dissatisfied with the result of the investigation made	12043
by the chief, they may appeal to the ~~mine examining board~~	12044
reclamation commission by filing the same charges against the	12045
deputy mine inspector and a copy of the report of the	12046
investigation made by the chief in the matter with the ~~board~~	12047
commission, and the ~~board~~ commission shall hear the appeal in	12048
accordance with section ~~1561.53~~ 1513.13 of the Revised Code. The	12049
~~board~~ commission shall mail a copy of its decision to the	12050
complainant whose name appears first in the charges.	12051

Sec. 1561.52. On receipt of a notice pursuant to section	12052
3123.43 of the Revised Code, the ~~mine examining board~~ chief of the	12053
division of mineral resources management shall comply with	12054
sections 3123.41 to 3123.50 of the Revised Code and any applicable	12055
rules adopted under section 3123.63 of the Revised Code with	12056
respect to a certificate issued pursuant to this chapter.	12057

Sec. 1563.13. When a deputy mine inspector considers that	12058
the ways and means of egress in any underground mine from the	12059
interior working places to the surface are inadequate as a safe	12060
and ready means of escape in case of emergency, from danger of	12061
fire at any point, or any other cause that may result in the	12062
entombment of persons working in the mine, the deputy mine	12063
inspector shall give notice in writing to the owner, lessee, or	12064
agent of the mine of the particular in which the deputy mine	12065
inspector considers the conditions dangerous, recommending any	12066
changes that the conditions require, and forthwith shall mail a	12067
copy of the deputy mine inspector's recommendations to the chief	12068
of the division of mineral resources management. Upon receipt of	12069
the recommendations, the chief forthwith shall make a finding	12070
concerning them and mail a copy to the operator of the mine and to	12071
the deputy mine inspector. A copy of the finding of the chief	12072
shall be posted upon the bulletin board at the time.	12073

The operator of the mine, or the authorized representative of	12074
the workers of the mine, within ten days may appeal to the ~~mine~~	12075
~~examining board~~ reclamation commission for a review and	12076
redetermination of the finding of the chief in the matter in	12077
accordance with section ~~1561.53~~ 1513.13 of the Revised Code,	12078
notwithstanding division (A)(1) of that section, which provides	12079
for appeals within thirty days. A copy of the decision of the	12080
~~board~~ commission shall be mailed as required by this section for	12081
the mailing of the finding by the chief on the deputy mine	12082
inspector's report.	12083

No operator of a mine shall refuse or neglect to comply with	12084
this section.	12085

Sec. 1565.04. The operator of each mine who is an employer	12086
as defined in section 4123.01 of the Revised Code, or any mine	12087
~~working~~ with three or more ~~men~~ workers, shall employ a certified	12088
mine ~~foreman~~ foreperson. In gaseous mines, only a holder of a	12089
mine ~~foreman~~ foreperson of gaseous mines certificate ~~which~~ that	12090
contains a notation by the ~~mine examining board~~ chief of the	12091
division of mineral resources management showing the holder to be	12092
at least twenty-three years of age and have at least five years'	12093
actual practical experience in gaseous mines shall be employed as	12094
the mine ~~foreman~~ foreperson. In other mines, the mine ~~foreman~~	12095
foreperson shall be a holder of a mine ~~foreman~~ foreperson of	12096
nongaseous mines certificate ~~which~~ that contains a notation by the	12097
~~mine examining board~~ chief showing the holder to be at least	12098
twenty-one years of age and have at least three years' actual	12099
practical experience in mines. All such mines shall have at least	12100
one certified ~~foreman~~ foreperson on duty at all times when ~~men~~	12101
workers are employed in the loading or mining of coal.	12102

No operator of a mine shall refuse or neglect to comply with	12103
this section.	12104

Sec. 1565.06. (A) In emergencies arising at a mine because	12105
of accident, death, illness, or any other cause, an operator may	12106
appoint noncertificate persons as forepersons and fire bosses to	12107
act until certified forepersons and fire bosses satisfactory to	12108
the operator can be secured. Such appointee may not serve in such	12109
capacity for a period longer than six months or until such time	12110
thereafter as an examination is held for such certified persons	12111
under section 1561.13 of the Revised Code. The employer of such	12112
noncertificate person shall, upon appointment of such	12113
noncertificate person in this capacity, forward the name of such	12114
noncertificate person to the chief of the division of mineral	12115
resources management.	12116

(B) An operator may appoint as a temporary foreperson or	12117
fire boss a noncertificate person who is within six months of	12118
possessing the necessary actual practical experience to qualify to	12119
take the examination for certification for the position to which	12120
the person is temporarily appointed. Upon appointment of a	12121
noncertificate person, the operator shall forward the name, social	12122
security number, and brief summary of the person's actual	12123
practical experience to the ~~mine examining board~~ chief, and the	12124
~~board~~ chief shall issue the person a temporary certificate for the	12125
position to which the person has been temporarily appointed. A	12126
temporary certificate issued under this division is valid for six	12127
months or until such time thereafter as an examination is held	12128
under section 1561.13 of the Revised Code for the position to	12129
which the person has been temporarily appointed.	12130

(C) A person who possesses a valid certificate issued by	12131
another state for a position for which the ~~mine examining board~~	12132
chief issues a certificate shall be eligible for a temporary	12133
certificate from the ~~board~~ chief upon presentation to the ~~board~~	12134
chief of a copy of the certificate from that other state. A	12135
temporary certificate issued under this division shall be valid	12136
for six months.	12137

No operator of a mine shall violate or fail to comply with	12138
this section.	12139

Sec. 1565.07. The superintendent in charge of a mine shall	12140
direct the mine foreperson in such manner as is necessary to	12141
secure compliance with this chapter and Chapters 1561., 1563., and	12142
1567. and sections 1509.18 and 1509.19 of the Revised Code. The	12143
superintendent may act as mine foreperson, but if the	12144
superintendent does so act regularly, the superintendent shall	12145
obtain a certificate from the ~~mine examining board~~ chief of the	12146
division of mineral resources management in the same manner as the	12147
certification of mine foreperson is obtained.	12148

A person designated as a superintendent of an underground	12149
coal mine after January 1, 1977, shall, within six months after	12150
being so designated, demonstrate to the chief ~~of the division of~~	12151
~~mineral resources management~~ that the person has knowledge of the	12152
mining laws of this state governing the operation of underground	12153
coal mines either by presenting evidence that the person has	12154
passed a mine foreperson examination given by the ~~mine examining~~	12155
~~board~~ chief or an examination given by the chief concerning the	12156
laws of this state governing the operation of underground coal	12157
mines.	12158

No person shall refuse or neglect to comply with this	12159
section.	12160

Sec. 1565.08. If a person certified by the ~~mine examining~~	12161
~~board~~ chief of the division of mineral resources management	12162
purposely violates the mining laws, the person's certificate may	12163
be revoked by the chief after investigation and a hearing in	12164
accordance with Chapter 119. of the Revised Code~~, by the chief of~~	12165
~~the division of mineral resources management, with the approval of~~	12166
~~the mine examining board~~.	12167

No person whose license, certificate, or similar authority to	12168
perform any certifiable mining duties in another state is	12169
suspended or revoked by that state shall be certified for an	12170
equivalent mining certificate in this state during the period of	12171
the suspension or revocation in the other state.	12172

Sec. 1565.25. On receipt of a notice pursuant to section	12173
3123.43 of the Revised Code, the ~~mine examining board~~ chief of the	12174
division of mineral resources management shall comply with	12175
sections 3123.41 to 3123.50 of the Revised Code and any applicable	12176
rules adopted under section 3123.63 of the Revised Code with	12177
respect to a certificate issued pursuant to this chapter.	12178

Sec. 1701.05. (A) Except as provided in this section, and	12179
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code,	12180
which sections relate to the reorganization, merger, and	12181
consolidation of corporations, the corporate name of a domestic	12182
corporation shall comply with all of the following:	12183

(1) It shall end with or include the word or abbreviation	12184
"company," "co.," "corporation," "corp.," "incorporated," or	12185
"inc."	12186

(2) It shall be distinguishable upon the records in the	12187
office of the secretary of state from all of the following:	12188

(a) The name of any other corporation, whether nonprofit or	12189
for profit and whether that of a domestic or of a foreign	12190
corporation authorized to do business in this state;	12191

(b) The name of any limited liability company registered in	12192
the office of the secretary of state pursuant to Chapter 1705. of	12193
the Revised Code, whether domestic or foreign;	12194

(c) The name of any limited liability partnership registered	12195
in the office of the secretary of state pursuant to Chapter 1775.	12196
of the Revised Code, whether domestic or foreign;	12197

(d) The name of any limited partnership registered in the	12198
office of the secretary of state pursuant to Chapter 1782. of the	12199
Revised Code, whether domestic or foreign;	12200

(e) Any trade name the exclusive right to which is at the	12201
time in question registered in the office of the secretary of	12202
state pursuant to Chapter 1329. of the Revised Code.	12203

(3) It shall not contain any language that indicates or	12204
implies that the corporation is connected with a government agency	12205
of this state, another state, or the United States.	12206

(B) The secretary of state shall determine for purposes of	12207
this section whether a name is "distinguishable" from another name	12208
upon the secretary of state's records. Without excluding other	12209
names that may not constitute distinguishable names in this state,	12210
a name is not considered distinguishable from another name for	12211
purposes of this section solely because it differs from the other	12212
name in only one or more of the following manners:	12213

(1) The use of the word "corporation," "company,"	12214
"incorporated," "limited," or any abbreviation of any of those	12215
words;	12216

(2) The use of any article, conjunction, contraction,	12217
abbreviation, or punctuation;	12218

(3) The use of a different tense or number of the same word.

12219

(C) A corporation may apply to the secretary of state for	12220
authorization to use a name that is not distinguishable upon the	12221
secretary of state's records from the name of any other	12222
corporation, limited liability company, limited liability	12223
partnership, or limited partnership, or from a registered trade	12224
name, if there also is filed in the office of the secretary of	12225
state, on a form prescribed by the secretary of state, the consent	12226
of the other entity or, in the case of a registered trade name,	12227
the person in whose name is registered the exclusive right to use	12228
the name, which consent is evidenced in a writing signed by any	12229
authorized officer or any authorized representative of the other	12230
entity or person.	12231

(D) In case of judicial sale or judicial transfer, by sale	12232
or transfer of good will or otherwise, of the right to use the	12233
name of a corporation, whether nonprofit or for profit, and	12234
whether that of a domestic corporation or of a foreign corporation	12235
authorized to exercise its corporate privileges in this state or	12236
to do business in this state, the secretary of state, at the	12237
instance of the purchaser or transferee of such right, shall	12238
accept for filing articles of a corporation with a name the same	12239
as or similar to the name of such other corporation, if there also	12240
is filed in the office of the secretary of state a certified copy	12241
of the decree or order of court confirming or otherwise evidencing	12242
the purchase or transfer.	12243

(E) Any person who wishes to reserve a name for a proposed	12244
new corporation, or any corporation intending to change its name,	12245
may submit to the secretary of state a written application, on a	12246
form prescribed by the secretary of state, for the exclusive right	12247
to use a specified name as the name of a corporation. If the	12248
secretary of state finds that, under this section, the specified	12249
name is available for such use, the secretary of state shall file	12250
the application and, from the date of the filing, the applicant	12251
shall have the exclusive right for ~~sixty~~ one hundred eighty days	12252
to use the specified name as the name of a corporation, counting	12253
the date of such filing as the first of ~~sixty~~ one hundred eighty	12254
days. The right so obtained may be transferred by the applicant	12255
or other holder thereof by the filing in the office of the	12256
secretary of state of a written transfer, on a form prescribed by	12257
the secretary of state, stating the name and address of the	12258
transferee.	12259

~~(F) For filing under this section any application or other~~	12260
~~document, other than articles or a consent to the use of a name,~~	12261
~~the secretary of state shall charge and collect a fee of five~~	12262
~~dollars.~~	12263

Sec. 1701.07. (A) Every corporation shall have and maintain	12264
an agent, sometimes referred to as the "statutory agent," upon	12265
whom any process, notice, or demand required or permitted by	12266
statute to be served upon a corporation may be served. The agent	12267
may be a natural person who is a resident of this state or may be	12268
a domestic corporation or a foreign corporation holding a license	12269
as such under the laws of this state, that is authorized by its	12270
articles of incorporation to act as such agent and that has a	12271
business address in this state.	12272

(B) The secretary of state shall not accept original	12273
articles for filing unless there is filed with the articles a	12274
written appointment of an agent that is signed by the	12275
incorporators of the corporation or a majority of them and a	12276
written acceptance of the appointment that is signed by the agent.	12277
In all other cases, the corporation shall appoint the agent and	12278
shall file in the office of the secretary of state a written	12279
appointment of the agent that is signed by any authorized officer	12280
of the corporation and a written acceptance of the appointment	12281
that is either the original acceptance signed by the agent or a	12282
photocopy, facsimile, or similar reproduction of the original	12283
acceptance signed by the agent.	12284

(C) The written appointment of an agent shall set forth the	12285
name and address in this state of the agent, including the street	12286
and number or other particular description, and shall otherwise be	12287
in such form as the secretary of state prescribes. The secretary	12288
of state shall keep a record of the names of corporations, and the	12289
names and addresses of their respective agents.	12290

(D) If any agent dies, removes from the state, or resigns,	12291
the corporation shall forthwith appoint another agent and file	12292
with the secretary of state, on a form prescribed by the secretary	12293
of state, a written appointment of the agent.	12294

(E) Unless the change is reported on the annual report filed	12295
with the department of taxation, if the agent changes the agent's	12296
address from that appearing upon the record in the office of the	12297
secretary of state, the corporation or the agent shall forthwith	12298
file with the secretary of state, on a form prescribed by the	12299
secretary of state, a written statement setting forth the new	12300
address.	12301

(F) An agent may resign by filing with the secretary of	12302
state, on a form prescribed by the secretary of state, a written	12303
notice to that effect that is signed by the agent and by sending a	12304
copy of the notice to the corporation at the current or last known	12305
address of its principal office on or prior to the date the notice	12306
is filed with the secretary of state. The notice shall set forth	12307
the name of the corporation, the name and current address of the	12308
agent, the current or last known address, including the street and	12309
number or other particular description, of the corporation's	12310
principal office, the resignation of the agent, and a statement	12311
that a copy of the notice has been sent to the corporation within	12312
the time and in the manner prescribed by this division. Upon the	12313
expiration of thirty days after the filing, the authority of the	12314
agent shall terminate.	12315

(G) A corporation may revoke the appointment of an agent by	12316
filing with the secretary of state, on a form prescribed by the	12317
secretary of state, a written appointment of another agent and a	12318
statement that the appointment of the former agent is revoked.	12319

(H) Any process, notice, or demand required or permitted by	12320
statute to be served upon a corporation may be served upon the	12321
corporation by delivering a copy of it to its agent, if a natural	12322
person, or by delivering a copy of it at the address of its agent	12323
in this state, as the address appears upon the record in the	12324
office of the secretary of state. If (1) the agent cannot be	12325
found, or (2) the agent no longer has that address, or (3) the	12326
corporation has failed to maintain an agent as required by this	12327
section, and if in any such case the party desiring that the	12328
process, notice, or demand be served, or the agent or	12329
representative of the party, shall have filed with the secretary	12330
of state an affidavit stating that one of the foregoing conditions	12331
exists and stating the most recent address of the corporation that	12332
the party after diligent search has been able to ascertain, then	12333
service of process, notice, or demand upon the secretary of state,	12334
as the agent of the corporation, may be initiated by delivering to	12335
the secretary of state or at the secretary of state's office	12336
quadruplicate copies of such process, notice, or demand and by	12337
paying to the secretary of state a fee of five dollars. The	12338
secretary of state shall forthwith give notice of the delivery to	12339
the corporation at its principal office as shown upon the record	12340
in the secretary of state's office and at any different address	12341
shown on its last franchise tax report filed in this state, or to	12342
the corporation at any different address set forth in the above	12343
mentioned affidavit, and shall forward to the corporation at said	12344
addresses, by certified mail, with request for return receipt, a	12345
copy of the process, notice, or demand; and thereupon service upon	12346
the corporation shall be deemed to have been made.	12347

(I) The secretary of state shall keep a record of each	12348
process, notice, and demand delivered to the secretary of state or	12349
at the secretary of state's office under this section or any other	12350
law of this state that authorizes service upon the secretary of	12351
state, and shall record the time of the delivery and the action	12352
thereafter with respect thereto.	12353

(J) This section does not limit or affect the right to serve	12354
any process, notice, or demand upon a corporation in any other	12355
manner permitted by law.	12356

(K) Every corporation shall state in each annual report	12357
filed by it with the department of taxation the name and address	12358
of its statutory agent.	12359

(L) Except when an original appointment of an agent is filed	12360
with the original articles, a written appointment of an agent or a	12361
written statement filed by a corporation with the secretary of	12362
state shall be signed by any authorized officer of the corporation	12363
or by the incorporators of the corporation or a majority of them	12364
if no directors have been elected.	12365

(M) For filing a written appointment of an agent other than	12366
one filed with original articles, and for filing a statement of	12367
change of address of an agent, the secretary of state shall charge	12368
and collect a the fee specified in division (R) of ~~three dollars~~	12369
section 111.16 of the Revised Code.	12370

(N) Upon the failure of a corporation to appoint another	12371
agent or to file a statement of change of address of an agent, the	12372
secretary of state shall give notice thereof by certified mail to	12373
the corporation at the address set forth in the notice of	12374
resignation or on the last franchise tax return filed in this	12375
state by the corporation. Unless the default is cured within	12376
thirty days after the mailing by the secretary of state of the	12377
notice or within any further period of time that the secretary of	12378
state grants, upon the expiration of that period of time from the	12379
date of the mailing, the articles of the corporation shall be	12380
canceled without further notice or action by the secretary of	12381
state. The secretary of state shall make a notation of the	12382
cancellation on the secretary of state's records.	12383

A corporation whose articles have been canceled may be	12384
reinstated by filing, on a form prescribed by the secretary of	12385
state, an application for reinstatement and the required	12386
appointment of agent or required statement, and by paying a the	12387
filing fee specified in division (Q) of ~~ten dollars~~ section 111.16	12388
of the Revised Code. The rights, privileges, and franchises of a	12389
corporation whose articles have been reinstated are subject to	12390
section 1701.922 of the Revised Code. The secretary of state	12391
shall furnish the tax commissioner a monthly list of all	12392
corporations canceled and reinstated under this division.	12393

(O) This section does not apply to banks, trust companies,	12394
insurance companies, or any corporation defined under the laws of	12395
this state as a public utility for taxation purposes.	12396

Sec. 1701.81. (A) Upon adoption by each constituent entity	12397
of an agreement of merger or consolidation pursuant to section	12398
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or 1701.801 of the	12399
Revised Code, a certificate of merger or consolidation shall be	12400
filed with the secretary of state that is signed by any authorized	12401
representative of each constituent corporation, partnership, or	12402
other entity. The certificate shall be on a form prescribed by	12403
the secretary of state and shall set forth only the information	12404
required by this section.	12405

(B)(1) The certificate of merger or consolidation shall set	12406
forth all of the following:	12407

(a) The name and the form of entity of each constituent	12408
entity and the state under the laws of which each constituent	12409
entity exists;	12410

(b) A statement that each constituent entity has complied	12411
with all of the laws under which it exists and that the laws	12412
permit the merger or consolidation;	12413

(c) The name and mailing address of the person or entity	12414
that is to provide, in response to any written request made by a	12415
shareholder, partner, or other equity holder of a constituent	12416
entity, a copy of the agreement of merger or consolidation;	12417

(d) The effective date of the merger or consolidation, which	12418
date may be on or after the date of the filing of the certificate;	12419

(e) The signature of each representative authorized to sign	12420
the certificate on behalf of each constituent entity and the	12421
office held or the capacity in which the representative is acting;	12422

(f) A statement that the agreement of merger or	12423
consolidation is authorized on behalf of each constituent entity	12424
and that each person who signed the certificate on behalf of each	12425
entity is authorized to do so;	12426

(g) In the case of a merger, a statement that one or more	12427
specified constituent entities will be merged into a specified	12428
surviving entity or, in the case of a consolidation, a statement	12429
that the constituent entities will be consolidated into a new	12430
entity;	12431

(h) In the case of a merger, if the surviving entity is a	12432
foreign entity not licensed to transact business in this state,	12433
the name and address of the statutory agent upon whom any process,	12434
notice, or demand against any constituent entity may be served;	12435

(i) In the case of a consolidation, the name and address of	12436
the statutory agent upon whom any process, notice, or demand	12437
against any constituent entity or the new entity may be served.	12438

(2) In the case of a consolidation into a new domestic	12439
corporation, limited liability company, or limited partnership,	12440
the articles of incorporation, the articles of organization, or	12441
the certificate of limited partnership of the new domestic entity	12442
shall be filed with the certificate of merger or consolidation.	12443

(3) In the case of a merger into a domestic corporation,	12444
limited liability company, or limited partnership, any amendments	12445
to the articles of incorporation, articles of organization, or	12446
certificate of limited partnership of the surviving domestic	12447
entity shall be filed with the certificate of merger or	12448
consolidation.	12449

(4) If the surviving or new entity is a foreign entity that	12450
desires to transact business in this state as a foreign	12451
corporation, limited liability company, or limited partnership,	12452
the certificate of merger or consolidation shall be accompanied by	12453
the information required by division (B)(8), (9), or (10) of	12454
section 1701.791 of the Revised Code.	12455

(5) If a foreign or domestic corporation licensed to	12456
transact business in this state is a constituent entity and the	12457
surviving or new entity resulting from the merger or consolidation	12458
is not a foreign or domestic corporation that is to be licensed to	12459
transact business in this state, the certificate of merger or	12460
consolidation shall be accompanied by the affidavits, receipts,	12461
certificates, or other evidence required by division (H) of	12462
section 1701.86 of the Revised Code, with respect to each domestic	12463
constituent corporation, and by the affidavits, receipts,	12464
certificates, or other evidence required by division (C) or (D) of	12465
section 1703.17 of the Revised Code, with respect to each foreign	12466
constituent corporation licensed to transact business in this	12467
state.	12468

(C) If any constituent entity in a merger or consolidation	12469
is organized or formed under the laws of a state other than this	12470
state or under any chapter of the Revised Code other than this	12471
chapter, there also shall be filed in the proper office all	12472
documents that are required to be filed in connection with the	12473
merger or consolidation by the laws of that state or by that	12474
chapter.	12475

(D) Upon the filing of a certificate of merger or	12476
consolidation and other filings as described in division (C) of	12477
this section or at such later date as the certificate of merger or	12478
consolidation specifies, the merger or consolidation is effective.	12479

(E) The secretary of state shall furnish, upon request and	12480
payment of a the fee specified in division (D) of ~~ten dollars~~	12481
section 111.16 of the Revised Code, the secretary of state's	12482
certificate setting forth the name and the form of entity of each	12483
constituent entity and the states under the laws of which each	12484
constituent entity existed prior to the merger or consolidation,	12485
the name and the form of entity of the surviving or new entity and	12486
the state under the laws of which the surviving entity exists or	12487
the new entity is to exist, the date of filing of the certificate	12488
of merger or consolidation with the secretary of state, and the	12489
effective date of the merger or consolidation. The certificate of	12490
the secretary of state, or a copy of the certificate of merger or	12491
consolidation certified by the secretary of state, may be filed	12492
for record in the office of the recorder of any county in this	12493
state and, if filed, shall be recorded in the records of deeds for	12494
that county. For that recording, the county recorder shall charge	12495
and collect the same fee as in the case of deeds.	12496

Sec. 1702.05. (A) Except as provided in this section and in	12497
sections 1702.41 and 1702.45 of the Revised Code, the secretary of	12498
state shall not accept for filing in the secretary of state's	12499
office any articles if the corporate name set forth in the	12500
articles is not distinguishable upon the secretary of state's	12501
records from any of the following:	12502

(1) The name of any other corporation, whether a nonprofit	12503
corporation or a business corporation and whether that of a	12504
domestic or of a foreign corporation authorized to do business in	12505
this state;	12506

(2) The name of any limited liability company registered in	12507
the office of the secretary of state pursuant to Chapter 1705. of	12508
the Revised Code, whether domestic or foreign;	12509

(3) The name of any limited liability partnership registered	12510
in the office of the secretary of state pursuant to Chapter 1775.	12511
of the Revised Code, whether domestic or foreign;	12512

(4) The name of any limited partnership registered in the	12513
office of the secretary of state pursuant to Chapter 1782. of the	12514
Revised Code, whether domestic or foreign;	12515

(5) Any trade name, the exclusive right to which is at the	12516
time in question registered in the office of the secretary of	12517
state pursuant to Chapter 1329. of the Revised Code.	12518

(B) The secretary of state shall determine for purposes of	12519
this section whether a name is "distinguishable" from another name	12520
upon the secretary of state's records. Without excluding other	12521
names that may not constitute distinguishable names in this state,	12522
a name is not considered distinguishable from another name for	12523
purposes of this section solely because it differs from the other	12524
name in only one or more of the following manners:	12525

(1) The use of the word "corporation," "company,"	12526
"incorporated," "limited," or any abbreviation of any of those	12527
words;	12528

(2) The use of any article, conjunction, contraction,	12529
abbreviation, or punctuation;	12530

(3) The use of a different tense or number of the same word.

12531

(C) A corporation may apply to the secretary of state for	12532
authorization to use a name that is not distinguishable upon the	12533
secretary of state's records from the name of any other	12534
corporation, any limited liability company, limited liability	12535
partnership, or limited partnership, or from a registered trade	12536
name, if there also is filed in the office of the secretary of	12537
state, on a form prescribed by the secretary of state, the consent	12538
of the other entity, or, in the case of a registered trade name,	12539
the person in whose name is registered the exclusive right to use	12540
the name, which consent is evidenced in a writing signed by any	12541
authorized officer or authorized representative of the other	12542
entity or person.	12543

(D) In case of judicial sale or judicial transfer, by sale	12544
or transfer of good will or otherwise, of the right to use the	12545
name of a nonprofit corporation or business corporation, whether	12546
that of a domestic corporation or of a foreign corporation	12547
authorized to exercise its corporate privileges in this state or	12548
to do business in this state, the secretary of state, at the	12549
instance of the purchaser or transferee of such right, shall	12550
accept for filing articles of a corporation with a name the same	12551
as or similar to the name of such other corporation, if there also	12552
is filed in the office of the secretary of state a certified copy	12553
of the decree or order of court confirming or otherwise evidencing	12554
the purchase or transfer.	12555

(E) Any person who wishes to reserve a name for a proposed	12556
new corporation, or any corporation intending to change its name,	12557
may submit to the secretary of state a written application, on a	12558
form prescribed by the secretary of state, for the exclusive right	12559
to use a specified name as the name of a corporation. If the	12560
secretary of state finds that, under this section, the specified	12561
name is available for such use, the secretary of state shall file	12562
such application, and, from the date of such filing, such	12563
applicant shall have the exclusive right for ~~sixty~~ one hundred	12564
eighty days to use the specified name as the name of a	12565
corporation, counting the date of such filing as the first of the	12566
~~sixty~~ one hundred eighty days. The right so obtained may be	12567
transferred by the applicant or other holder of the right by the	12568
filing in the office of the secretary of state of a written	12569
transfer, on a form prescribed by the secretary of state, stating	12570
the name and address of the transferee.	12571

~~(F) For filing under this section any application or other~~	12572
~~document, other than articles or a consent to the use of a name,~~	12573
~~the secretary of state shall charge and collect a fee of five~~	12574
~~dollars.~~	12575

Sec. 1702.06. (A) Every corporation shall have and maintain	12576
an agent, sometimes referred to as the "statutory agent," upon	12577
whom any process, notice, or demand required or permitted by	12578
statute to be served upon a corporation may be served. The agent	12579
may be a natural person who is a resident of this state, or may be	12580
a domestic or foreign business corporation holding a license as	12581
such under the laws of this state that is authorized by its	12582
articles of incorporation to act as such agent, and that has a	12583
business address in this state.	12584

(B) The secretary of state shall not accept original	12585
articles for filing unless there is filed with the articles a	12586
written appointment of an agent signed by the incorporators of the	12587
corporation or a majority of them and a written acceptance of the	12588
appointment signed by the agent. In all other cases, the	12589
corporation shall appoint the agent and shall file in the office	12590
of the secretary of state a written appointment of the agent that	12591
is signed by any authorized officer of the corporation and a	12592
written acceptance of the appointment that is either the original	12593
acceptance signed by the agent or a photocopy, facsimile, or	12594
similar reproduction of the original acceptance signed by the	12595
agent.	12596

(C) The written appointment of an agent shall set forth the	12597
name and address in this state of the agent, including the street	12598
and number or other particular description, and shall otherwise be	12599
in such form as the secretary of state prescribes. The secretary	12600
of state shall keep a record of the names of corporations and the	12601
names and addresses of their respective agents.	12602

(D) If any agent dies, removes from the state, or resigns,	12603
the corporation shall forthwith appoint another agent and file	12604
with the secretary of state, on a form prescribed by the secretary	12605
of state, a written appointment of that agent.	12606

(E) If the agent changes the agent's address from that	12607
appearing upon the record in the office of the secretary of state,	12608
the corporation or the agent shall forthwith file with the	12609
secretary of state, on a form prescribed by the secretary of	12610
state, a written statement setting forth the new address.	12611

(F) An agent may resign by filing with the secretary of	12612
state, on a form prescribed by the secretary of state, a written	12613
notice to that effect that is signed by the agent and by sending a	12614
copy of the notice to the corporation at the current or last known	12615
address of its principal office on or prior to the date that	12616
notice is filed with the secretary of state. The notice shall set	12617
forth the name of the corporation, the name and current address of	12618
the agent, the current or last known address, including the street	12619
and number or other particular description, of the corporation's	12620
principal office, the resignation of the agent, and a statement	12621
that a copy of the notice has been sent to the corporation within	12622
the time and in the manner prescribed by this division. Upon the	12623
expiration of sixty days after such filing, the authority of the	12624
agent shall terminate.	12625

(G) A corporation may revoke the appointment of an agent by	12626
filing with the secretary of state, on a form prescribed by the	12627
secretary of state, a written appointment of another agent and a	12628
statement that the appointment of the former agent is revoked.	12629

(H) Any process, notice, or demand required or permitted by	12630
statute to be served upon a corporation may be served upon the	12631
corporation by delivering a copy of it to its agent, if a natural	12632
person, or by delivering a copy of it at the address of its agent	12633
in this state, as such address appears upon the record in the	12634
office of the secretary of state. If (1) the agent cannot be	12635
found, or (2) the agent no longer has that address, or (3) the	12636
corporation has failed to maintain an agent as required by this	12637
section, and if in any such case the party desiring that such	12638
process, notice, or demand be served, or the agent or	12639
representative of the party, shall have filed with the secretary	12640
of state an affidavit stating that one of the foregoing conditions	12641
exists and stating the most recent address of the corporation that	12642
the party after diligent search has been able to ascertain, then	12643
service of process, notice, or demand upon the secretary of state,	12644
as the agent of the corporation, may be initiated by delivering to	12645
the secretary of state or at the secretary of state's office	12646
triplicate copies of such process, notice, or demand and by paying	12647
to the secretary of state a fee of five dollars. The secretary of	12648
state shall forthwith give notice of such delivery to the	12649
corporation at its principal office as shown upon the record in	12650
the secretary of state's office and also to the corporation at any	12651
different address set forth in the above mentioned affidavit, and	12652
shall forward to the corporation at each of those addresses, by	12653
certified mail, with request for return receipt, a copy of such	12654
process, notice, or demand; and thereupon service upon the	12655
corporation shall be deemed to have been made.	12656

(I) The secretary of state shall keep a record of each	12657
process, notice, and demand delivered to the secretary of state or	12658
at the secretary of state's office under this section or any other	12659
law of this state that authorizes service upon the secretary of	12660
state, and shall record the time of such delivery and the	12661
secretary of state's action thereafter with respect thereto.	12662

(J) This section does not limit or affect the right to serve	12663
any process, notice, or demand upon a corporation in any other	12664
manner permitted by law.	12665

(K) Except when an original appointment of an agent is filed	12666
with the original articles, a written appointment of an agent or a	12667
written statement filed by a corporation with the secretary of	12668
state shall be signed by any authorized officer of the corporation	12669
or by the incorporators of the corporation or a majority of them	12670
if no directors have been elected.	12671

(L) For filing a written appointment of an agent other than	12672
one filed with original articles, and for filing a statement of	12673
change of address of an agent, the secretary of state shall charge	12674
and collect a the fee specified in division (R) of ~~three dollars~~	12675
section 111.16 of the Revised Code.	12676

(M) Upon the failure of any corporation to appoint another	12677
agent or to file a statement of change of address of an agent, the	12678
secretary of state shall give notice thereof by certified mail to	12679
the corporation at the address set forth in the notice of	12680
resignation or on the most recent statement of continued existence	12681
filed in this state by the corporation. Unless the failure is	12682
cured within thirty days after the mailing by the secretary of	12683
state of the notice or within any further period the secretary of	12684
state grants, upon the expiration of that period, the articles of	12685
the corporation shall be canceled without further notice or action	12686
by the secretary of state. The secretary of state shall make a	12687
notation of the cancellation on the secretary of state's records.	12688
A corporation whose articles have been canceled may be reinstated	12689
by filing, on a form prescribed by the secretary of state, an	12690
application for reinstatement and the required appointment of	12691
agent or required statement, and by paying a the filing fee	12692
specified in division (Q) of ~~ten dollars~~ section 111.16 of the	12693
Revised Code. The rights, privileges, and franchises of a	12694
corporation whose articles have been reinstated are subject to	12695
section 1702.60 of the Revised Code. The secretary of state shall	12696
furnish the tax commissioner a monthly list of all corporations	12697
canceled and reinstated under this division.	12698

(N) This section does not apply to banks, trust companies,	12699
insurance companies, or any corporation defined under the laws of	12700
this state as a public utility for taxation purposes.	12701

Sec. 1702.43. (A) Upon adoption by each constituent	12702
corporation of an agreement of merger or consolidation pursuant to	12703
section 1702.42 or 1702.45 of the Revised Code, a certificate of	12704
merger or consolidation, signed by any authorized representative	12705
of each constituent corporation, shall be filed with the secretary	12706
of state. The certificate shall be on a form prescribed by the	12707
secretary of state and shall set forth only the information	12708
required by this section.	12709

(1) The certificate of merger or consolidation shall set	12710
forth all of the following:	12711

(a) The name of each constituent entity and the state under	12712
whose laws each constituent entity exists;	12713

(b) A statement that each constituent entity has complied	12714
with all of the laws under which it exists and that the laws	12715
permit the merger or consolidation;	12716

(c) The name and mailing address of the person or entity	12717
that is to provide, in response to any written request made by a	12718
member or other person, a copy of the agreement of merger or	12719
consolidation;	12720

(d) The effective date of the merger or consolidation, which	12721
date may be on or after the date of the filing of the certificate;	12722

(e) The signature of each representative authorized to sign	12723
the certificate on behalf of each constituent entity and the	12724
office each representative authorized to sign holds or the	12725
capacity in which the representative is acting;	12726

(f) A statement that the agreement of merger or	12727
consolidation is authorized on behalf of each constituent entity	12728
and that each person who signed the certificate on behalf of each	12729
entity is authorized to do so;	12730

(g) In the case of a merger, a statement that one or more	12731
specified constituent entities will be merged into a specified	12732
surviving entity or, in the case of a consolidation, a statement	12733
that the constituent entities will be consolidated into a new	12734
entity;	12735

(h) In the case of a merger, if the surviving entity is a	12736
foreign entity not licensed to transact business in this state,	12737
the name and address of the statutory agent upon whom any process,	12738
notice, or demand may be served;	12739

(i) In the case of a consolidation, the name and address of	12740
the statutory agent upon whom any process, notice, or demand	12741
against any constituent entity or the new entity may be served.	12742

(2) In the case of a consolidation into a new domestic	12743
corporation, the certificate of consolidation shall be accompanied	12744
by a copy of the articles of incorporation of the new domestic	12745
corporation.	12746

(3) In the case of a merger into a domestic corporation, the	12747
certificate of merger shall be accompanied by a copy of any	12748
amendments to the articles of incorporation of the surviving	12749
domestic corporation.	12750

(4) If the surviving or new entity is a foreign entity that	12751
desires to transact business in this state as a foreign	12752
corporation, the certificate of merger or consolidation shall	12753
contain a statement to that effect and a statement with respect to	12754
the appointment of the statutory agent and with respect to the	12755
consent to service of any process, notice, or demand upon that	12756
statutory agent or the secretary of state, as required when a	12757
foreign corporation applies for a certificate authorizing it to	12758
transact business in this state.	12759

(5) If a domestic or foreign corporation licensed to	12760
transact business in this state is a constituent entity and the	12761
surviving or new entity resulting from the merger or consolidation	12762
is not a domestic or foreign corporation that is to be licensed to	12763
transact business in this state, the certificate of merger or	12764
consolidation shall be accompanied by the affidavits, receipts,	12765
certificates, or other evidence required by division (G) of	12766
section 1702.47 of the Revised Code, with respect to each domestic	12767
corporation, and by the affidavits, receipts, certificates, or	12768
other evidence required by division (C) or (D) of section 1703.17	12769
of the Revised Code, with respect to each foreign constituent	12770
corporation licensed to transact business in this state.	12771

(B) If any constituent entity in a merger or consolidation	12772
is organized or formed under the laws of a state other than this	12773
state or under any chapter of the Revised Code other than this	12774
chapter, there also shall be filed in the proper office all	12775
documents that are required to be filed in connection with the	12776
merger or consolidation by the laws of that state or by that	12777
chapter.	12778

(C) Upon the filing of a certificate of merger or	12779
consolidation and other filings as described in division (B) of	12780
this section, or at such later date as the certificate of merger	12781
or consolidation specifies, the merger or consolidation shall	12782
become effective.	12783

(D) The secretary of state shall furnish, upon request and	12784
payment of a the fee specified in division (D) of ~~ten dollars~~	12785
section 111.16 of the Revised Code, a certificate setting forth	12786
the name of each constituent entity and the state under whose laws	12787
each constituent entity existed prior to the merger or	12788
consolidation, the name of the surviving or new entity and the	12789
state under whose laws the surviving entity exists or the new	12790
entity is to exist, the date of filing of the certificate of	12791
merger or consolidation with the secretary of state, and the	12792
effective date of the merger or consolidation. The certificate of	12793
the secretary of state or a copy of the merger or consolidation	12794
certified by the secretary of state may be filed for record in the	12795
office of the recorder of any county in this state and, if filed,	12796
shall be recorded in the records of deeds for that county. For	12797
that recording, the county recorder shall charge and collect the	12798
same fee as in the case of deeds.	12799

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	12800
under the general corporation laws of this state, or previous	12801
laws, or under special provisions of the Revised Code, or created	12802
before September 1, 1851, which corporation has expressedly or	12803
impliedly elected to be governed by the laws passed since that	12804
date, and whose articles or other documents are filed with the	12805
secretary of state, shall file with the secretary of state a	12806
verified statement of continued existence, signed by a director,	12807
officer, or three members in good standing, setting forth the	12808
corporate name, the place where the principal office of the	12809
corporation is located, the date of incorporation, the fact that	12810
the corporation is still actively engaged in exercising its	12811
corporate privileges, and the name and address of its agent	12812
appointed pursuant to section 1702.06 of the Revised Code.	12813

(B) Each corporation required to file a statement of	12814
continued existence shall file it with the secretary of state	12815
within each five years after the date of incorporation or of the	12816
last corporate filing. ~~For filing such statements of continued~~	12817
~~existence, the secretary of state shall charge and collect a fee~~	12818
~~of five dollars.~~	12819

(C) Corporations specifically exempted by division (N) of	12820
section 1702.06 of the Revised Code, or whose activities are	12821
regulated or supervised by another state official, agency, bureau,	12822
department, or commission are exempted from this section.	12823

(D) The secretary of state shall give notice in writing and	12824
provide a form for compliance with this section to each	12825
corporation required by this section to file the statement of	12826
continued existence, such notice and form to be mailed to the last	12827
known address of the corporation as it appears on the records of	12828
the secretary of state or which the secretary of state may	12829
ascertain upon a reasonable search.	12830

(E) ~~In the event~~ If any nonprofit corporation required by	12831
this section to file a statement of continued existence fails to	12832
file the statement required every fifth year, then the secretary	12833
of state shall cancel the articles of such corporation, make a	12834
notation of the cancellation on the records, and mail to the	12835
corporation a certificate of the action so taken.	12836

(F) A corporation whose articles have been canceled may be	12837
reinstated by filing an application for reinstatement and paying	12838
to the secretary of state a the fee specified in division (Q) of	12839
~~ten dollars~~ section 111.16 of the Revised Code. The name of a	12840
corporation whose articles have been canceled shall be reserved	12841
for a period of one year after the date of cancellation. If the	12842
reinstatement is not made within one year from the date of the	12843
cancellation of its articles of incorporation and it appears that	12844
a corporate name, limited liability company name, limited	12845
liability partnership name, limited partnership name, or trade	12846
name has been filed, the name of which is not distinguishable upon	12847
the record as provided in section 1702.06 of the Revised Code, the	12848
applicant for reinstatement shall be required by the secretary of	12849
state, as a condition prerequisite to such reinstatement, to amend	12850
its articles by changing its name. A certificate of reinstatement	12851
may be filed in the recorder's office of any county in the state,	12852
for which the recorder shall charge and collect a fee of one	12853
dollar. The rights, privileges, and franchises of a corporation	12854
whose articles have been reinstated are subject to section 1702.60	12855
of the Revised Code.	12856

(G) The secretary of state shall furnish the tax	12857
commissioner a list of all corporations failing to file the	12858
required statement of continued existence.	12859

Sec. 1703.04. (A) To procure a license to transact business	12860
in this state, a foreign corporation for profit shall file with	12861
the secretary of state a certificate of good standing or	12862
subsistence, dated not earlier than ninety days prior to the	12863
filing of the application, under the seal of the secretary of	12864
state, or other proper official, of the state under the laws of	12865
which said corporation was incorporated, setting forth:	12866

(1) The exact corporate title;

12867

(2) The date of incorporation;

12868

(3) The fact that the corporation is in good standing or is	12869
a subsisting corporation.	12870

(B) To procure such a license, such corporation also shall	12871
file with the secretary of state an application in such form as	12872
the secretary of state prescribes, verified by the oath of any	12873
authorized officer of such corporation, setting forth, but not	12874
limited to:	12875

(1) The name of the corporation and, if its corporate name	12876
is not available, the trade name under which it will do business	12877
in this state;	12878

(2) The name of the state under the laws of which it was	12879
incorporated;	12880

(3) The location and complete address of its principal	12881
office;	12882

(4) The name of the county and the municipal corporation or	12883
township in which its principal office within this state, if any,	12884
is to be located;	12885

(5) The appointment of a designated agent and the complete	12886
address of such agent;	12887

(6) The irrevocable consent of such corporation to service	12888
of process on such agent so long as the authority of such agent	12889
continues and to service of process upon the secretary of state in	12890
the events provided for in section 1703.19 of the Revised Code;	12891

(7) A brief summary of the corporate purposes to be	12892
exercised within this state.	12893

(C) ~~Upon the filing by a foreign corporation for profit of an~~	12894
~~application for a license to transact business in this state, the~~	12895
~~corporation shall pay a filing fee of one hundred dollars to the~~	12896
~~secretary of state.~~	12897

~~(D)~~(1) No such application for a license shall be accepted	12898
for filing if it appears that the name of the foreign corporation	12899
is prohibited by law or is not distinguishable upon the records in	12900
the office of the secretary of state from the name of any other	12901
corporation, whether nonprofit or for profit and whether that of a	12902
domestic corporation or of a foreign corporation authorized to	12903
transact business in this state, the name of a limited liability	12904
company registered in the office of the secretary of state	12905
pursuant to Chapter 1705. of the Revised Code, whether domestic or	12906
foreign, the name of any limited liability partnership registered	12907
in the office of the secretary of state pursuant to Chapter 1775.	12908
of the Revised Code, whether domestic or foreign, the name of any	12909
limited partnership registered in the office of the secretary of	12910
state pursuant to Chapter 1782. of the Revised Code, whether	12911
domestic or foreign, or a trade name to which the exclusive right	12912
at the time in question is registered in the manner provided in	12913
Chapter 1329. of the Revised Code, unless there also is filed with	12914
the secretary of state, on a form prescribed by the secretary of	12915
state, the consent of the other entity or person to the use of the	12916
name, evidenced in a writing signed by any authorized officer of	12917
the other entity or authorized representative of the other person	12918
owning the exclusive right to the registered trade name.	12919

(2) Notwithstanding division ~~(D)~~(C)(1) of this section, if	12920
an application for a license is not acceptable for filing solely	12921
because the name of the foreign corporation is not distinguishable	12922
from the name of another entity or registered trade name, the	12923
foreign corporation may be authorized to transact business in this	12924
state by filing with the secretary of state, in addition to those	12925
items otherwise prescribed by this section, a statement signed by	12926
an authorized officer directing the foreign corporation to make	12927
application for a license to transact business in this state under	12928
an assumed business name or names that comply with the	12929
requirements of this division and stating that the foreign	12930
corporation will transact business in this state only under the	12931
assumed name or names. The application for a license shall be on	12932
a form prescribed by the secretary of state.	12933

Sec. 1703.041. (A) Every foreign corporation for profit	12934
that is licensed to transact business in this state, and every	12935
foreign nonprofit corporation that is licensed to exercise its	12936
corporate privileges in this state, shall have and maintain an	12937
agent, sometimes referred to as the "designated agent," upon whom	12938
process against the corporation may be served within this state.	12939
The agent may be a natural person who is a resident of this state,	12940
or may be a domestic corporation for profit or a foreign	12941
corporation for profit holding a license under the laws of this	12942
state that is authorized by its articles of incorporation to act	12943
as an agent and that has a business address in this state.	12944

(B) The written appointment of a designated agent shall set	12945
forth the name and address of the agent, including the street and	12946
number or other particular description, and shall otherwise be in	12947
such form as the secretary of state prescribes. The secretary of	12948
state shall keep a record of the names of such foreign	12949
corporations and the names and addresses of their respective	12950
agents.	12951

(C) If the designated agent dies, removes from the state, or	12952
resigns, the foreign corporation shall forthwith appoint another	12953
agent and file in the office of the secretary of state an	12954
~~amendment to the corporation's application for a foreign license~~	12955
~~indicating the name and address~~, on a form prescribed by the	12956
secretary of state, a written appointment of the new agent.	12957

(D) If the designated agent changes the agent's address from	12958
that appearing upon the record in the office of the secretary of	12959
state, the foreign corporation or the designated agent in its	12960
behalf shall forthwith file with the secretary of state an	12961
~~amendment to the corporation's application for a foreign license~~	12962
~~setting forth the new address unless the change is reported on the~~	12963
~~annual report filed with the department of taxation~~, on a form	12964
prescribed by the secretary of state, a written statement setting	12965
forth the agent's new address.	12966

(E) A designated agent may resign by filing with the	12967
secretary of state, on a form prescribed by the secretary of	12968
state, a signed statement to that effect. The secretary of state	12969
shall forthwith mail a copy of ~~such~~ the statement to the foreign	12970
corporation at its principal office as shown by the record in the	12971
secretary of state's office. Upon the expiration of sixty days	12972
after the filing, the authority of the agent shall terminate.	12973

(F) A foreign corporation may revoke the appointment of a	12974
designated agent by filing with the secretary of state an	12975
~~amendment to its application for a foreign license appointing~~	12976
~~another agent that includes~~, on a form prescribed by the secretary	12977
of state, a written appointment of another agent and a statement	12978
that the appointment of the former agent is revoked.	12979

(G) Process may be served upon a foreign corporation by	12980
delivering a copy of it to its designated agent, if a natural	12981
person, or by delivering a copy of it at the address of its agent	12982
in this state, as the address appears upon the record in the	12983
office of the secretary of state.	12984

(H) This section does not limit or affect the right to serve	12985
process upon a foreign corporation in any other manner permitted	12986
by law.	12987

(I) Every foreign corporation for profit shall state in each	12988
annual report filed by it with the department of taxation the name	12989
and address of its designated agent in this state.	12990

Sec. 1703.15. No foreign corporation shall transact in this	12991
state any business that could not be lawfully transacted by a	12992
domestic corporation. Whenever the secretary of state finds that	12993
a foreign corporation licensed to transact business in this state	12994
is transacting in this state a business that a domestic	12995
corporation could not lawfully transact, is transacting business	12996
in this state in a corporate name that is not readily	12997
distinguishable from the name of every other corporation, limited	12998
liability company, limited liability partnership, or limited	12999
partnership, domestic or foreign, or every trade name, registered	13000
in the office of the secretary of state, theretofore authorized to	13001
transact business in this state, without the consent of the other	13002
corporation, limited liability company, limited liability	13003
partnership, limited partnership, or trade name registrant,	13004
evidenced in writing filed with the secretary of state pursuant to	13005
section 1703.04 of the Revised Code, or has failed, after the	13006
death or resignation of its designated agent or the designated	13007
agent's removal from this state, to designate another agent as	13008
required by section 1703.041 of the Revised Code, the secretary of	13009
state shall give notice thereof by certified mail to the	13010
corporation. Unless that failure is cured within thirty days	13011
after the mailing by the secretary of state of the notice or	13012
within such further period as the secretary of state grants, the	13013
secretary of state, upon the expiration of such period, shall	13014
cancel the license of the foreign corporation to transact business	13015
in this state, give notice of the cancellation to the corporation	13016
by mail, and make a notation of the cancellation on the secretary	13017
of state's records.	13018

A foreign corporation whose license has been canceled may be	13019
reinstated upon its filing with the secretary of state, on a form	13020
prescribed by the secretary of state, an application for	13021
reinstatement accompanied by a the fee specified in division (Q)	13022
of ~~ten dollars~~ section 111.16 of the Revised Code. If the	13023
application for reinstatement is submitted in a tax year or	13024
calendar year other than that in which the cancellation occurred,	13025
the application also shall be accompanied by a certificate of	13026
reinstatement issued by the department of taxation. The name of a	13027
corporation whose license has been canceled pursuant to this	13028
section shall be reserved for a period of one year after the date	13029
of cancellation. If the reinstatement is not made within one year	13030
after the date of cancellation of the foreign license and it	13031
appears that a corporate name, limited liability company name,	13032
limited liability partnership name, limited partnership name, or	13033
trade name has been filed, the name of which is not	13034
distinguishable upon the record as provided in division (D) of	13035
section 1703.04 of the Revised Code, the secretary of state shall	13036
require the applicant for the reinstatement, as a condition	13037
prerequisite to such reinstatement, to apply for authorization to	13038
transact business in this state under an assumed name.	13039

Sec. 1703.17. (A) A foreign corporation may surrender its	13040
license to transact business in this state in the manner provided	13041
in this section.	13042

(B) A certificate of surrender signed by any authorized	13043
officer, or by the receiver, trustee in bankruptcy, or other	13044
liquidator of such corporation, shall be filed with the secretary	13045
of state, on a form prescribed by the secretary of state, setting	13046
forth:	13047

(1) The name of the corporation and of the state under the	13048
laws of which it is incorporated;	13049

(2) That it surrenders its license;

13050

(3) The address to which the secretary of state may mail any	13051
process against such corporation that may be served upon the	13052
secretary of state, and may mail any other notices, certificates,	13053
or statements.	13054

(C) A certificate of surrender, filed with the secretary of	13055
state, on a form prescribed by the secretary of state, shall be	13056
accompanied by:	13057

(1) A receipt, certificate, or other evidence showing the	13058
payment of all franchise, sales, use, and highway use taxes	13059
accruing up to the date of such filing, or that such payment has	13060
been adequately guaranteed;	13061

(2) A receipt, certificate, or other evidence showing the	13062
payment of all personal property taxes accruing up to the date of	13063
such filing;	13064

(3) A receipt, certificate, or other evidence from the	13065
director of job and family services showing that all contributions	13066
due from the corporation as an employer have been paid, or that	13067
such payment has been adequately guaranteed, or that the	13068
corporation is not subject to such contributions;	13069

(4) An affidavit of the officer, or other person permitted	13070
by law, executing the certificate of surrender, containing a	13071
statement of the counties, if any, in this state in which the	13072
corporation has personal property or a statement that the	13073
corporation is of a type required to pay personal property taxes	13074
to state authorities only.	13075

(D) In lieu of the receipt, certificate, or other evidence	13076
described in divisions (C)(1), (2), and (3) of this section, a	13077
certificate of surrender may be accompanied by an affidavit of the	13078
person executing the certificate of surrender, or of an officer of	13079
the corporation, that contains a statement of the date upon which	13080
the particular department, agency, or authority was advised in	13081
writing of the scheduled date of filing the certificate of	13082
surrender and was advised in writing of the acknowledgement by the	13083
corporation that the surrender of its license does not relieve it	13084
of liability, if any, for payment of the taxes and contributions	13085
described in divisions (C)(1), (2), and (3) of this section.	13086

(E) In lieu of filing such certificate of surrender there	13087
may be filed a certificate of the secretary of state, or other	13088
proper official, of the state under the laws of which the	13089
corporation is incorporated, certifying that said corporation has	13090
been dissolved or its corporate existence otherwise terminated, or	13091
a certified copy of an order of court terminating the existence of	13092
such corporation; but such certificate or certified copy shall be	13093
accompanied by the information required by division (B)(3) of this	13094
section.	13095

(F) ~~For~~ After the payment of the fee specified in division	13096
(N)(2) of section 111.16 of the Revised Code and the filing of any	13097
such certificate or certified copy under this section, ~~there shall~~	13098
~~be paid to the secretary of state a filing fee of twenty-five~~	13099
~~dollars. The~~ the secretary of state shall ~~thereupon~~ cancel the	13100
license of such corporation, make a notation of such cancellation	13101
upon the secretary of state's records, and mail to the corporation	13102
a certificate of the action so taken.	13103

(G) The mere retirement from business of a foreign	13104
corporation without filing a certificate of surrender shall not	13105
exempt such corporation from the requirements of filing the	13106
reports and paying the fees required by sections 1703.01 to	13107
1703.31 of the Revised Code, or from making reports and paying	13108
excise or franchise fees or taxes.	13109

Sec. 1703.27. No foreign nonprofit corporation shall	13110
exercise its corporate privileges in this state in a continual	13111
course of transactions until it has first procured from the	13112
secretary of state a certificate authorizing it to do so.	13113

Before issuing such certificate, the secretary of state shall	13114
require such foreign corporation to file in the secretary of	13115
state's office a certificate of good standing or subsistence,	13116
setting forth the exact corporate title, the date of	13117
incorporation, and the fact that the corporation is in good	13118
standing or is a subsisting corporation, certified by the	13119
secretary of state, or other proper official, of the state under	13120
the laws of which the corporation was incorporated, and a	13121
statement, on a form prescribed by the secretary of state,	13122
verified by the oath of one of its officers, setting forth, but	13123
not limited to, the following:	13124

(A) The name of the corporation;

13125

(B) The state under the laws of which it is incorporated;

13126

13127

(D) The corporate privileges it proposes to exercise in this	13128
state;	13129

(E) The location of its principal office in this state;

13130

(F) The appointment of a designated agent and the complete	13131
address of such agent;	13132

(G) Its irrevocable consent to service of process on such	13133
agent so long as the authority of the agent continues and to	13134
service of process upon the secretary of state in the events	13135
provided for in section 1703.19 of the Revised Code.	13136

For the filing of ~~such~~ that statement, the secretary of state	13137
shall charge and collect a the fee specified in division (I)(1) of	13138
~~thirty-five dollars~~ section 111.16 of the Revised Code.	13139

A foreign nonprofit corporation shall file an amendment with	13140
the secretary of state if there is a modification of any of the	13141
information required to be included in its statement, except for	13142
changes in information required by division (F) of this section,	13143
which shall be corrected in the same manner as described in	13144
section 1702.06 of the Revised Code. For the filing of ~~such~~	13145
~~amendment~~ those amendments and corrections, the secretary of state	13146
shall charge and collect a the fee specified in division (B) or	13147
(R) of ~~fifty dollars~~ section 111.16 of the Revised Code.	13148

Sections 1703.01 to 1703.31 of the Revised Code, governing	13149
foreign corporations for profit in respect to exemption from	13150
attachment, change of location of principal office, change of its	13151
designated agent or of the designated agent's address, service on	13152
the secretary of state, license certificate as prima-facie	13153
evidence, proof of due incorporation, filing of amendments	13154
evidencing changes of corporate name, merger, or consolidation,	13155
filing of certificate of surrender, service on retired	13156
corporation, and penalties or forfeitures for transacting business	13157
without license, for false reports, and for failure to comply with	13158
other applicable provisions of such sections, shall also apply to	13159
foreign nonprofit corporations.	13160

The secretary of state may require further reports,	13161
certificates, or information from a foreign nonprofit corporation,	13162
including verification of the continued existence of the	13163
corporation. Upon the failure of any corporation to provide the	13164
information, the secretary of state shall give notice of the	13165
failure by certified mail and, if the report is not filed within	13166
thirty days after the mailing of the notice, the license of the	13167
corporation to exercise its corporate privileges in this state	13168
shall expire and the secretary of state shall make a notation to	13169
that effect on the secretary of state's records.	13170

Sec. 1703.31. (A) Any foreign corporation may register its	13171
corporate name, if its corporate name is available for use under	13172
division (D) of section 1703.04 of the Revised Code, by filing in	13173
the office of the secretary of state an application, on a form	13174
prescribed by the secretary of state, that contains the following	13175
information:	13176

(1) The exact corporate name to be registered;

13177

(2) The complete address of the principal office of the	13178
corporation;	13179

(3) The jurisdiction of its incorporation;

13180

(4) The date of its incorporation;

13181

(5) A statement that it is carrying on or doing business;

13182

(6) The general nature of the business in which it is	13183
engaged;	13184

(7) Any other information required by the secretary of	13185
state.	13186

The application shall be signed and verified by an officer of	13187
the applicant.	13188

The application shall be accompanied by a certificate stating	13189
that the corporation is in good standing under the laws of the	13190
jurisdiction of its incorporation, which certificate shall be	13191
executed by the official of the jurisdiction having custody of the	13192
records pertaining to corporations and dated not earlier than	13193
sixty days prior to the filing of the application.	13194

A The filing fee specified in division (S)(1) of ~~twenty-five~~	13195
~~dollars, payable to the secretary of state,~~ section 111.16 of the	13196
Revised Code shall accompany the application.	13197

(B) Registration of a corporate name under this section is	13198
effective for a term of one year from the date of registration.	13199
Upon application, on a form prescribed by the secretary of state,	13200
filed with the secretary of state prior to the expiration of each	13201
one-year term, the registration may be renewed for an additional	13202
term. The renewal application shall set forth the facts required	13203
to be set forth in the original application for registration,	13204
together with a certificate of good standing as required for the	13205
initial registration.	13206

The secretary of state shall notify registrants within the	13207
three months before the expiration of one year from the date of	13208
registration of the necessity of renewal by writing to the	13209
principal office address of the registrants as shown upon the	13210
current registration in effect.	13211

A The renewal fee specified in division (S)(3) of ~~twenty-five~~	13212
~~dollars~~ section 111.16 of the Revised Code, payable to the	13213
secretary of state, shall accompany the application for renewal of	13214
the registration.	13215

Sec. 1705.05. (A) The name of a limited liability company	13216
shall include the words, "limited liability company," without	13217
abbreviation or shall include one of the following abbreviations:	13218
"LLC," "L.L.C.," "limited," "ltd.," or "ltd".	13219

(B)(1) Except as provided in this section and in sections	13220
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised	13221
Code, the secretary of state shall not accept for filing in the	13222
secretary of state's office the articles of organization of a	13223
limited liability company if the company name set forth in the	13224
articles is not distinguishable on the records of the secretary of	13225
state from the name of any of the following:	13226

(a) Any other limited liability company, whether the name is	13227
of a domestic limited liability company or of a foreign limited	13228
liability company registered as a foreign limited liability	13229
company under this chapter;	13230

(b) Any corporation, whether the name is of a domestic	13231
corporation or of a foreign corporation holding a license as a	13232
foreign corporation under the laws of this state pursuant to	13233
Chapter 1701., 1702., or 1703. of the Revised Code;	13234

(c) Any limited liability partnership, whether the name is	13235
of a domestic limited liability partnership or a foreign limited	13236
liability partnership registered pursuant to Chapter 1775. of the	13237
Revised Code;	13238

(d) Any limited partnership, whether the name is of a	13239
domestic limited partnership or a foreign limited partnership	13240
registered pursuant to Chapter 1782. of the Revised Code;	13241

(e) Any trade name to which the exclusive right, at the time	13242
in question, is registered in the office of the secretary of state	13243
pursuant to Chapter 1329. of the Revised Code.	13244

(2) The secretary of state may accept for filing in the	13245
secretary of state's office the articles of organization of a	13246
limited liability company whose name set forth in the articles is	13247
not distinguishable on the records of the secretary of state from	13248
any trade name or the name of another limited liability company,	13249
corporation, limited liability partnership, or limited partnership	13250
if there also is filed in the secretary of state's office the	13251
consent of the other entity or, in the case of a registered trade	13252
name, the person in whose name is registered the exclusive right	13253
to the use of the particular name.	13254

(C) A consent given by an entity or person in whose name is	13255
registered the exclusive right to use a trade name, to the use of	13256
a name by a limited liability company, shall be in the form of an	13257
instrument, prescribed by the secretary of state, that is signed	13258
by an authorized officer or other authorized representative of the	13259
consenting entity or person in whose name the trade name is	13260
registered.	13261

(D) If a judicial sale or a judicial transfer by sale,	13262
transfer of good will, or otherwise involves the right to use the	13263
name of a domestic limited liability company or of a foreign	13264
limited liability company registered as a foreign limited	13265
liability company under this chapter, then, at the request of the	13266
purchaser or transferee of that right, the secretary of state	13267
shall accept for filing articles of organization of a limited	13268
liability company with a name that is the same as or similar to	13269
the name of the other limited liability company if there also is	13270
filed in the secretary of state's office a certified copy of the	13271
court order or decree that confirms or otherwise evidences the	13272
purchase or transfer.	13273

(E) Any person that wishes to reserve a name for a proposed	13274
new limited liability company or any limited liability company	13275
that intends to change its name may submit to the secretary of	13276
state, on a form prescribed by the secretary of state, a written	13277
application for the exclusive right to use a specified name as the	13278
name of the company. If the secretary of state finds, consistent	13279
with this section, that the specified name is available for use,	13280
the secretary of state shall file the application. From the date	13281
of the filing, the applicant has the exclusive right for ~~sixty~~ one	13282
hundred eighty days to use the specified name as the name of the	13283
limited liability company, counting the date of the filing as the	13284
first of the ~~sixty~~ one hundred eighty days. The right so obtained	13285
may be transferred by the applicant or other holder of the right	13286
by filing in the office of the secretary of state a written	13287
transfer, on a form prescribed by the secretary of state, that	13288
states the name and address of the transferee.	13289

~~(F) The secretary of state shall charge and collect a fee of~~	13290
~~five dollars for filing under this section any application or~~	13291
~~document other than articles of organization or a consent to the~~	13292
~~use of a name.~~	13293

Sec. 1705.06. (A) Each limited liability company shall	13294
maintain continuously in this state an agent for service of	13295
process on the company. The agent shall be an individual who is a	13296
resident of this state, a domestic corporation, or a foreign	13297
corporation holding a license as a foreign corporation under the	13298
laws of this state.	13299

(B)(1) The secretary of state shall not accept original	13300
articles of organization of a limited liability company for filing	13301
unless the articles are accompanied by both of the following:	13302

(a) A written appointment of an agent as described in	13303
division (A) of this section that is signed by an authorized	13304
member, manager, or other representative of the limited liability	13305
company;	13306

(b) A written acceptance of the appointment that is signed	13307
by the designated agent on a form prescribed by the secretary of	13308
state.	13309

(2) In cases not covered by division (B)(1) of this section,	13310
the limited liability company shall appoint the agent described in	13311
division (A) of this section and shall file with the secretary of	13312
state, on a form prescribed by the secretary of state, a written	13313
appointment of that agent that is signed as described in division	13314
(K) of this section and a written acceptance of the appointment	13315
that is signed by the designated agent.	13316

(3) For purposes of divisions (B)(1) and (2) of this	13317
section, the filed written acceptance of an agent's appointment	13318
shall be a signed original document or a photocopy, facsimile, or	13319
similar reproduction of a signed original document.	13320

(C) The written appointment of an agent described in	13321
division (A) of this section shall set forth the name of the agent	13322
and the agent's address in this state, including the street and	13323
number or other particular description of that address. It	13324
otherwise shall be in the form that the secretary of state	13325
prescribes. The secretary of state shall keep a record of the	13326
names of limited liability companies and the names and addresses	13327
of their agents.	13328

(D) If any agent described in division (A) of this section	13329
dies, resigns, or moves outside of this state, the limited	13330
liability company shall appoint forthwith another agent and file	13331
with the secretary of state, on a form prescribed by the secretary	13332
of state, a written appointment of the agent and acceptance of	13333
appointment as described in division (B)(2) of this section.	13334

(E) If the agent described in division (A) of this section	13335
changes the agent's address from the address stated in the records	13336
of the secretary of state, the agent or the limited liability	13337
company shall file forthwith with the secretary of state, on a	13338
form prescribed by the secretary of state, a written statement	13339
setting forth the new address.	13340

(F) An agent described in division (A) of this section may	13341
resign by filing with the secretary of state, on a form prescribed	13342
by the secretary of state, a written notice of resignation that is	13343
signed by the agent and by mailing a copy of that notice to the	13344
limited liability company at the current or last known address of	13345
its principal office. The notice shall be mailed to the company	13346
on or prior to the date that the notice is filed with the	13347
secretary of state and shall set forth the name of the company,	13348
the name and current address of the agent, the current or last	13349
known address, including the street and number or other particular	13350
description, of the company's principal office, a statement of the	13351
resignation of the agent, and a statement that a copy of the	13352
notice has been sent to the company within the time and in the	13353
manner specified in this division. The authority of the resigning	13354
agent terminates thirty days after the filing of the notice with	13355
the secretary of state.	13356

(G) A limited liability company may revoke the appointment	13357
of its agent described in division (A) of this section by filing	13358
with the secretary of state, on a form prescribed by the secretary	13359
of state, a written appointment of another agent and an acceptance	13360
of appointment in the manner described in division (B)(2) of this	13361
section and a statement indicating that the appointment of the	13362
former agent is revoked.	13363

(H)(1) Any legal process, notice, or demand required or	13364
permitted by law to be served upon a limited liability company may	13365
be served upon the company as follows:	13366

(a) If the agent described in division (A) of this section	13367
is an individual, by delivering a copy of the process, notice, or	13368
demand to the agent;	13369

(b) If the agent is a corporation, by delivering a copy of	13370
the process, notice, or demand to the address of the agent in this	13371
state as contained in the records of the secretary of state.	13372

(2) If the agent described in division (A) of this section	13373
cannot be found or no longer has the address that is stated in the	13374
records of the secretary of state or the limited liability company	13375
has failed to maintain an agent as required by this section and if	13376
the party or the agent or representative of the party that desires	13377
service of the process, notice, or demand files with the secretary	13378
of state an affidavit that states that one of those circumstances	13379
exists and states the most recent address of the company that the	13380
party who desires service has been able to ascertain after a	13381
diligent search, then the service of the process, notice, or	13382
demand upon the secretary of state as the agent of the company may	13383
be initiated by delivering to the secretary of state four copies	13384
of the process, notice, or demand accompanied by a fee of five	13385
dollars. The secretary of state shall give forthwith notice of	13386
that delivery to the company at either its principal office as	13387
shown upon the secretary of state's records or at any different	13388
address specified in the affidavit of the party desiring service	13389
and shall forward to the company at either address by certified	13390
mail, return receipt requested, a copy of the process, notice, or	13391
demand. Service upon the company is made when the secretary of	13392
state gives the notice and forwards the process, notice, or demand	13393
as set forth in division (H)(2) of this section.	13394

(I) The secretary of state shall keep a record of each	13395
process, notice, and demand that pertains to a limited liability	13396
company and that is delivered to the secretary of state's office	13397
under this section or another law of this state that authorizes	13398
service upon the secretary of state in connection with a limited	13399
liability company. In that record, the secretary of state shall	13400
record the time of each delivery of that type and the secretary of	13401
state's subsequent action with respect to the process, notice, or	13402
demand.	13403

(J) This section does not limit or affect the right to serve	13404
any process, notice, or demand upon a limited liability company in	13405
any other manner permitted by law.	13406

(K) The written appointment of an agent or a written	13407
statement filed by the company with the secretary of state shall	13408
be signed by an authorized member, manager, or other	13409
representative of the company.	13410

~~(L) For filing a written appointment of an agent described~~	13411
~~in division (A) of this section that is not filed with the~~	13412
~~original articles of organization of a limited liability company~~	13413
~~and for filing a statement of change of address of an agent, the~~	13414
~~secretary of state shall charge and collect a fee of three~~	13415
~~dollars.~~	13416

Sec. 1705.38. (A) Upon the adoption by each constituent	13417
entity of an agreement of merger or consolidation pursuant to	13418
section 1705.36 or 1705.37 of the Revised Code, a certificate of	13419
merger or consolidation shall be filed with the secretary of state	13420
that is signed by a manager of each constituent limited liability	13421
company in which the management is not reserved to its members, by	13422
at least one member of each other constituent limited liability	13423
company, by at least one general partner of each constituent	13424
partnership, and by an authorized representative of each other	13425
constituent entity. The certificate shall be on a form prescribed	13426
by the secretary of state and shall set forth only the information	13427
required by this section.	13428

(B)(1) The certificate of merger or consolidation shall set	13429
forth all of the following:	13430

(a) The name and the form of entity of each constituent	13431
entity and the state under the laws of which each constituent	13432
entity exists;	13433

(b) A statement that each constituent entity has complied	13434
with all of the laws under which it exists and that the laws	13435
permit the merger or consolidation;	13436

(c) The name and mailing address of the person or entity	13437
that is to provide, in response to any written request made by a	13438
shareholder, partner, or other equity holder of a constituent	13439
entity, a copy of the agreement of merger or consolidation;	13440

(d) The effective date of the merger or consolidation, which	13441
date may be on or after the date of the filing of the certificate;	13442

(e) The signature of the representative or representatives	13443
authorized to sign the certificate on behalf of each constituent	13444
entity and the office held or the capacity in which the	13445
representative is acting;	13446

(f) A statement that the agreement of merger or	13447
consolidation is authorized on behalf of each constituent entity	13448
and that the persons who signed the certificate on behalf of each	13449
entity are authorized to do so;	13450

(g) In the case of a merger, a statement that one or more	13451
specified constituent entities will be merged into a specified	13452
surviving entity or, in the case of a consolidation, a statement	13453
that the constituent entities will be consolidated into a new	13454
entity;	13455

(h) In the case of a merger, if the surviving entity is a	13456
foreign entity not licensed to transact business in this state,	13457
the name and address of the statutory agent upon whom any process,	13458
notice, or demand may be served;	13459

(i) In the case of a consolidation, the name and address of	13460
the statutory agent upon whom any process, notice, or demand	13461
against any constituent entity or the new entity may be served.	13462

(2) In the case of a consolidation into a new domestic	13463
corporation, limited liability company, or limited partnership,	13464
the articles of incorporation, the articles of organization, or	13465
the certificate of limited partnership of the new domestic entity	13466
shall be filed with the certificate of merger or consolidation.	13467

(3) In the case of a merger into a domestic corporation,	13468
limited liability company, or limited partnership, any amendments	13469
to the articles of incorporation, articles of organization, or	13470
certificate of limited partnership of the surviving domestic	13471
entity shall be filed with the certificate of merger or	13472
consolidation.	13473

(4) If the surviving or new entity is a foreign entity that	13474
desires to transact business in this state as a foreign	13475
corporation, limited liability company, or limited partnership,	13476
the certificate of merger or consolidation shall be accompanied by	13477
the information required by division (B)(8), (9), or (10) of	13478
section 1705.37 of the Revised Code.	13479

(5) If a foreign or domestic corporation licensed to	13480
transact business in this state is a constituent entity and the	13481
surviving or new entity resulting from the merger or consolidation	13482
is not a foreign or domestic corporation that is to be licensed to	13483
transact business in this state, the certificate of merger or	13484
consolidation shall be accompanied by the affidavits, receipts,	13485
certificates, or other evidence required by division (H) of	13486
section 1701.86 of the Revised Code, with respect to each domestic	13487
constituent corporation, and by the affidavits, receipts,	13488
certificates, or other evidence required by division (C) or (D) of	13489
section 1703.17 of the Revised Code, with respect to each foreign	13490
constituent corporation licensed to transact business in this	13491
state.	13492

(C) If any constituent entity in a merger or consolidation	13493
is organized or formed under the laws of a state other than this	13494
state or under any chapter of the Revised Code other than this	13495
chapter, there also shall be filed in the proper office all	13496
documents that are required to be filed in connection with the	13497
merger or consolidation by the laws of that state or by that	13498
chapter.	13499

(D) Upon the filing of a certificate of merger or	13500
consolidation and other filings as described in division (C) of	13501
this section or at any later date that the certificate of merger	13502
or consolidation specifies, the merger or consolidation is	13503
effective.	13504

(E)(1) Upon request and payment of a the fee specified in	13505
division (D) of ~~ten dollars~~ section 111.16 of the Revised Code,	13506
the secretary of state shall furnish the secretary of state's	13507
certificate setting forth all of the following:	13508

(a) The name and form of entity of each constituent entity	13509
and the states under the laws of which each constituent entity	13510
existed prior to a merger or consolidation;	13511

(b) The name and the form of entity of the surviving or new	13512
entity and the state under the laws of which the surviving entity	13513
exists or the new entity is to exist;	13514

(c) The date of the filing of the certificate of merger or	13515
consolidation in the secretary of state's office;	13516

(d) The effective date of the merger or consolidation.

13517

(2) The certificate of the secretary of state or a copy of a	13518
certificate of merger or consolidation that has been certified by	13519
the secretary of state may be filed for record in the office of	13520
the recorder of any county in this state and, if filed, shall be	13521
recorded in the record of deeds for that county. For that	13522
recording, the county recorder shall charge and collect the same	13523
fees as for recording a deed.	13524

Sec. 1705.55. (A) If any statement in an application for	13525
registration as a foreign limited liability company is materially	13526
false when made or if any facts described in the application have	13527
changed making it inaccurate in any material respect, the foreign	13528
limited liability company shall file promptly with the secretary	13529
of state a certificate correcting the application that shall be on	13530
a form that is prescribed by the secretary of state and be signed	13531
by an authorized representative of the company. If	13532

(B) If the application for registration or a subsequent	13533
certificate of correction becomes inaccurate because the	13534
designated agent resigns or changes the agent's address from that	13535
appearing in the registration application or any subsequent	13536
certificate of correction of the registration application, the	13537
foreign limited liability company, or the designated agent on its	13538
behalf, shall file a notice of that resignation or change promptly	13539
with the secretary of state ~~a new certificate of correction~~	13540
~~setting forth the new address~~.	13541

(C) A foreign limited liability company may revoke the	13542
appointment of its designated agent described in division (A) of	13543
section 1705.54 of the Revised Code by filing with the secretary	13544
of state, on a form prescribed by the secretary of state, a	13545
written appointment of another agent and an acceptance of	13546
appointment in the manner described in division (B)(2) of section	13547
1705.06 of the Revised Code and a statement indicating that the	13548
appointment of the former agent is revoked.	13549

(D) The fee specified in division (R) of section 111.16 of	13550
the Revised Code shall accompany a filing under division (B) or	13551
(C) of this section.	13552

Sec. 1746.04. (A) Except as set forth in section 1746.03 of	13553
the Revised Code, before transacting business in this state, a	13554
business trust shall file ~~a report~~ in the office of the secretary	13555
of state, on forms prescribed by the secretary of state, a report	13556
containing the following information:	13557

(1) A list of the names and addresses of its trustees;

13558

(2) The address of its principal office;

13559

(3) In the case of a foreign business trust, the address of	13560
its principal office within this state, if any;	13561

(4) The business names of the business trust, including any	13562
fictitious or assumed names;	13563

(5) The name and address within this state of a designated	13564
agent upon whom process against the business trust may be served;	13565

(6) The irrevocable consent of the business trust to service	13566
of process upon its designated agent and to service of process	13567
upon the secretary of state if, without the registration of	13568
another agent with the secretary of state, its designated agent	13569
has died, resigned, lost authority, dissolved, become	13570
disqualified, or has removed from this state, or if its designated	13571
agent cannot, with due diligence, be found.	13572

Such report shall have attached as an exhibit an executed	13573
copy of the trust instrument or a true and correct copy of it,	13574
certified to be such by a trustee before an official authorized to	13575
administer oaths or by a public official in another state in whose	13576
office an executed copy is on file.	13577

(B) Not more than ninety days after the occurrence of any	13578
event causing any filing, including exhibits, made pursuant to	13579
division (A) of this section, or any previous filing made pursuant	13580
to this division, to be inaccurate or incomplete, there shall be	13581
filed in the office of the secretary of state all information	13582
necessary to maintain the accuracy and completeness of such	13583
filing.	13584

(C) The secretary of state shall charge and collect ~~a fee~~	13585
the fees specified in division (T) of ~~seventy-five dollars~~ section	13586
111.16 of the Revised Code for each filing made under division (A)	13587
~~of this section and fifteen dollars for each filing under division~~	13588
or (B) of this section, except for filings under division (B) of	13589
this section pertaining solely to division (A)(5) of this section,	13590
for which the secretary of state shall charge and collect the fee	13591
specified in division (R) of section 111.16 of the Revised Code.	13592

(D) The trust instrument and other information filed in the	13593
office of the secretary of state are matters of public record, and	13594
persons dealing with a business trust are charged with	13595
constructive notice of the contents of any such instrument or	13596
information by reason of such filing.	13597

(E) A copy of a trust instrument or other information filed	13598
in the office of the secretary of state shall be accepted as	13599
prima-facie evidence of the existence of the instrument or other	13600
information and of its contents, and conclusive evidence of the	13601
existence of such record.	13602

Sec. 1746.06. (A) No business trust that has made a filing	13603
pursuant to section 1746.04 of the Revised Code may use the words	13604
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership,"	13605
"Ltd.," or derivatives thereof in its name.	13606

(B) No business trust formed after the effective date of	13607
this chapter that has made a filing pursuant to section 1746.04 of	13608
the Revised Code shall assume the name of any corporation	13609
established under the laws of this state, or of a corporation,	13610
firm, or association, or trust whether or not as defined in	13611
section 1746.01 of the Revised Code, or of an individual, carrying	13612
on business in this state at the time when the business trust is	13613
created, or assume a name so similar thereto as to be likely to be	13614
mistaken for it, except with the written consent of such existing	13615
corporation, firm, association, or trust, or of such individual,	13616
previously or concurrently filed with the secretary of state.	13617

(C) The secretary of state shall refuse to receive for	13618
filing the trust instrument of a business trust if it appears to	13619
~~him~~ the secretary of state to have violated any provision of this	13620
section. The courts of common pleas of this state shall have	13621
jurisdiction, upon the application of any person interested or	13622
affected, to enjoin a business trust from transacting business	13623
under any name in violation of any provision of this section,	13624
notwithstanding that the trust instrument of such business trust	13625
has been received for filing under section 1746.04 of the Revised	13626
Code.	13627

(D) Any person who wishes to reserve a name for a proposed	13628
new business trust, or any business trust intending to change its	13629
name, may submit to the secretary of state a written application	13630
for the exclusive right to use a specified name as the name of a	13631
business trust. If the secretary of state finds that, under this	13632
section, the specified name is available for such use, he the	13633
secretary of state shall indorse ~~his~~ the secretary of state's	13634
approval upon and file such application and, from the date of such	13635
indorsement, such applicant shall have the exclusive right for	13636
~~sixty~~ one hundred eighty days to use the specified name as the	13637
name of a business trust, counting the date of such indorsement as	13638
the first of the ~~sixty~~ one hundred eighty days. The right so	13639
obtained may be transferred by the applicant or other holder	13640
thereof by the filing in the office of the secretary of state of a	13641
written transfer stating the name and address of the transferee.	13642
For filing any application for the exclusive right to use a	13643
specified name under this division, the secretary of state shall	13644
charge and collect a the fee specified in division (S)(1) of ~~five~~	13645
~~dollars~~ section 111.16 of the Revised Code. For each filing of a	13646
transfer of the right to an exclusive name under this division,	13647
the secretary of state shall charge and collect the fee specified	13648
in division (S)(4) of section 111.16 of the Revised Code.	13649

(E) Any business trust that has not made the filings	13650
described under section 1746.04 of the Revised Code may submit to	13651
the secretary of state a written application for the exclusive	13652
right to use a specified name as the name of such business trust.	13653
If the secretary of state finds that, under this section, the	13654
specified name is available for such use, he the secretary of	13655
state shall indorse ~~his~~ the secretary of state's approval upon and	13656
file such application and, from the date of such indorsement, such	13657
applicant has the exclusive right to use the specified name for	13658
the period that it transacts business. The right so obtained may	13659
be transferred by the applicant or other holder thereof by the	13660
filing in the office of the secretary of state of a written	13661
transfer stating the name and address of the transferee. For	13662
filing ~~any~~ an application for the exclusive right to use a	13663
specified name under this division, the secretary of state shall	13664
charge and collect a the fee specified in division (S)(1) of ~~five~~	13665
~~dollars~~ section 111.16 of the Revised Code.	13666

Sec. 1746.15. Any business trust that has made the filings	13667
described in section 1746.04 of the Revised Code may withdraw from	13668
this state at any time by filing in the office of the secretary of	13669
state a verified copy of a resolution duly adopted by its trustees	13670
declaring its intention to withdraw and surrender its authority,	13671
accompanied by a the fee ~~of fifteen dollars~~ specified in division	13672
(T) of section 111.16 of the Revised Code.	13673

Sec. 1747.03. (A) Before transacting real estate business	13674
in this state, a real estate investment trust shall file the	13675
following report in the office of the secretary of state, on forms	13676
prescribed by the secretary of state:	13677

(1) An executed copy of the trust instrument or a true and	13678
correct copy of it, certified to be such by a trustee before an	13679
official authorized to administer oaths or by a public official in	13680
another state in whose office an executed copy is on file;	13681

(2) A list of the names and addresses of its trustees;

13682

(3) The address of its principal office;

13683

(4) In the case of a foreign real estate investment trust,	13684
the address of its principal office within this state, if any;	13685

(5) The business name of the trust;

13686

(6) The name and address within this state of a designated	13687
agent upon whom process against the trust may be served;	13688

(7) The irrevocable consent of the trust to service of	13689
process on its designated agent and to service of process upon the	13690
secretary of state if, without the registration of another agent	13691
with the secretary of state, its designated agent has died,	13692
resigned, lost authority, dissolved, become disqualified, or has	13693
removed from this state, or if its designated agent cannot, with	13694
due diligence, be found;	13695

(8) Not more than ninety days after the occurrence of any	13696
event causing any filing made pursuant to divisions (A)(2) to (6)	13697
of this section, or any previous filing made pursuant to this	13698
division, to be inaccurate or incomplete, all information	13699
necessary to maintain the accuracy and completeness of such	13700
filing.	13701

(B) For ~~filing~~ filings under this section, the secretary of	13702
state shall charge and collect a the fee specified in division (T)	13703
of ~~fifty dollars, except that for filing under division (A)(8) of~~	13704
~~this section, the secretary of state shall charge and collect a~~	13705
~~fee of ten dollars~~ section 111.16 of the Revised Code, except for	13706
filings under division (A)(8) of this section pertaining solely to	13707
division (A)(6) of this section, for which the secretary of state	13708
shall charge and collect the fee specified in division (R) of	13709
section 111.16 of the Revised Code.	13710

(C) All persons shall be given the opportunity to acquire	13711
knowledge of the contents of the trust instrument and other	13712
information filed in the office of the secretary of state, but no	13713
person dealing with a real estate investment trust shall be	13714
charged with constructive notice of the contents of any such	13715
instrument or information by reason of such filing.	13716

(D) A copy of a trust instrument or other information filed	13717
in the office of the secretary of state ~~shall be~~ is prima-facie	13718
evidence of the existence of the instrument or other information	13719
and of its contents, and as is conclusive evidence of the	13720
existence of such record.	13721

Sec. 1747.04. A trust instrument may be amended in the	13722
manner specified in it or in any manner that is valid under the	13723
common or statutory law applicable to the trust created ~~thereunder~~	13724
under it. However, no amendment adopted subsequent to the initial	13725
filings required by section 1747.03 of the Revised Code is legally	13726
effective in this state until an executed or certified true and	13727
correct copy of the amendment has been filed in the office of the	13728
secretary of state accompanied by a the fee specified in division	13729
(T) of ~~twenty-five dollars~~ section 111.16 of the Revised Code.	13730

Sec. 1747.10. Any domestic or foreign real estate investment	13731
trust authorized to transact real estate business in this state	13732
may surrender its authority at any time by filing in the office of	13733
the secretary of state a verified copy of a resolution duly	13734
adopted by its trustees declaring its intention to withdraw,	13735
accompanied by a the fee specified in division (T) of ~~ten dollars~~	13736
section 111.16 of the Revised Code. Such real estate investment	13737
trust then ceases and is without authority to transact real estate	13738
business in this state, except as necessary for ~~the concluding~~	13739
~~thereof~~ its conclusion.	13740

Sec. 1775.63. (A) A domestic limited liability partnership	13741
or foreign registered limited liability partnership shall,	13742
~~annually~~ biennially during the month of July in odd-numbered	13743
years, file a report with the office of the secretary of state	13744
verifying and, if necessary, updating, as of the thirtieth day of	13745
June of that year, the information contained in the registration	13746
application required by division (A) of sections 1775.61 and	13747
1775.64 of the Revised Code. The ~~annual~~ report shall be made on a	13748
form prescribed and furnished by the secretary of state and shall	13749
be signed by a majority in interest of the partners or by one or	13750
more partners authorized by the partnership to execute the report.	13751

(B) If a domestic limited liability partnership or foreign	13752
registered limited liability partnership fails to file the ~~annual~~	13753
report in accordance with division (A) of this section, the	13754
secretary of state shall give notice of the failure by certified	13755
mail to the last known address of the partnership or its statutory	13756
agent. If the report is not filed within thirty days after the	13757
mailing of the notice, the secretary of state shall, upon the	13758
expiration of that period, cancel the registration of the	13759
partnership, give notice of the cancellation to the partnership by	13760
regular mail to the last known address of the partnership or its	13761
statutory agent, and make a notation of the cancellation on the	13762
secretary of state's records.	13763

(C) A domestic limited liability partnership or foreign	13764
registered limited liability partnership whose registration has	13765
been canceled pursuant to division (B) of this section may be	13766
reinstated by filing an application for reinstatement, together	13767
with the required ~~annual~~ report or reports, and by paying a the	13768
reinstatement fee specified in division (Q) of ~~ten dollars~~ section	13769
111.16 of the Revised Code. The secretary of state shall inform	13770
the tax commissioner of all cancellations and reinstatements under	13771
this section.	13772

Sec. 1775.64. (A) Before transacting business in this	13773
state, a foreign limited liability partnership shall file a	13774
registration application with the secretary of state. The	13775
application shall be on a form prescribed by the secretary of	13776
state and shall set forth only the following information:	13777

(1) The name of the partnership;

13778

(2) The jurisdiction pursuant to the laws of which it was	13779
organized as a limited liability partnership;	13780

(3) The address of its principal office or, if the	13781
partnership's principal office is not located in this state, the	13782
address of a registered office;	13783

(4) The name and address of its agent for service of process	13784
in this state;	13785

(5) A brief statement of the business in which the	13786
partnership engages.	13787

(B) A registration application shall be accompanied by the	13788
application fee specified in division (F) of section 111.16 of the	13789
Revised Code.	13790

(C) A foreign limited liability partnership transacting	13791
business in this state shall comply with the name, correction, and	13792
annual reporting requirements set forth in division (G) of section	13793
1775.61, divisions (B) and (C) of section 1775.62, and section	13794
1775.63 of the Revised Code and shall comply with any statutory or	13795
administrative registration or filing requirements governing the	13796
specific type of business in which the partnership engages.	13797

(D) The secretary of state shall register as a foreign	13798
limited liability partnership, any foreign limited liability	13799
partnership that submits a completed registration application with	13800
the required fee.	13801

(E) Registration as a foreign limited liability partnership	13802
ceases if ~~either of~~ the ~~following occurs:~~	13803

~~(1) The~~ registration is voluntarily withdrawn by filing with	13804
the secretary of state, on a form prescribed by the secretary of	13805
state, a written withdrawal notice signed by one or more partners	13806
authorized by the partnership to execute a withdrawal notice.	13807

~~(2) The registration is canceled by the secretary of state~~	13808
~~pursuant to section 1775.63 of the Revised Code.~~	13809

Sec. 1782.04. (A) Each limited partnership shall maintain	13810
continuously in this state an agent for service of process on the	13811
limited partnership. The agent shall be a natural person who is a	13812
resident of this state, a domestic corporation, or a foreign	13813
corporation holding a license as such under the laws of this	13814
state.	13815

(B) The secretary of state shall not accept a certificate of	13816
limited partnership for filing unless there is filed with the	13817
certificate a written appointment of an agent that is signed by	13818
the general partners of the limited partnership and a written	13819
acceptance of the appointment that is signed by the agent, or	13820
unless there is filed a written appointment of an agent that is	13821
signed by any authorized officer of the limited partnership and a	13822
written acceptance of the appointment that is either the original	13823
acceptance signed by the agent or a photocopy, facsimile, or	13824
similar reproduction of the original acceptance signed by the	13825
agent.	13826

In the discretion of the secretary of state, an original	13827
appointment of statutory agent may be submitted on the same form	13828
as the certificate of limited partnership but shall not be	13829
considered a part of the certificate.	13830

(C) The written appointment of an agent shall set forth the	13831
name and address in this state of the agent, including the street	13832
and number or other particular description, and shall otherwise be	13833
in the form the secretary of state prescribes. The secretary of	13834
state shall keep a record of the names of limited partnerships,	13835
and the names and addresses of their respective agents.	13836

(D) If any agent dies, removes from the state, or resigns,	13837
the limited partnership shall forthwith appoint another agent and	13838
file with the secretary of state, on a form prescribed by the	13839
secretary of state, a written appointment of the new agent.	13840

(E) If the agent changes the agent's address from that	13841
appearing upon the record in the office of the secretary of state,	13842
the limited partnership or the agent forthwith shall file with the	13843
secretary of state, on a form prescribed by the secretary of	13844
state, a written statement setting forth the new address.	13845

(F) An agent may resign by filing with the secretary of	13846
state, on a form prescribed by the secretary of state, a written	13847
notice to that effect that is signed by the agent and by sending a	13848
copy of the notice to the limited partnership at its current or	13849
last known address or its principal office on or prior to the date	13850
the notice is filed with the secretary of state. The notice shall	13851
set forth the name of the limited partnership, the name and	13852
current address of the agent, the current or last known address,	13853
including the street and number or other particular description,	13854
of the limited partnership's principal office, the resignation of	13855
the agent, and a statement that a copy of the notice has been sent	13856
to the limited partnership within the time and in the manner	13857
prescribed by this division. Upon the expiration of thirty days	13858
after the filing, the authority of the agent shall terminate.	13859

(G) A limited partnership may revoke the appointment of an	13860
agent by filing with the secretary of state, on a form prescribed	13861
by the secretary of state, a written appointment of another agent	13862
and a statement that the appointment of the former agent is	13863
revoked.	13864

(H) Except when an original appointment of an agent is	13865
filed with the certificate of limited partnership, a written	13866
appointment of an agent or a written statement filed by a limited	13867
partnership with the secretary of state shall be signed by any	13868
authorized officer of the limited partnership, or the general	13869
partners of the limited partnership, or a majority of them.	13870

Sec. 1782.08. (A) To form a limited partnership, a	13871
certificate of limited partnership shall be executed and filed	13872
with the secretary of state, as provided in section 1782.13 of the	13873
Revised Code. The certificate shall be on a form prescribed by	13874
the secretary of state and shall set forth all of the following:	13875

(1) The name of the limited partnership;

13876

(2) The address of the principal place of business of the	13877
limited partnership ~~and the name and address, including the street~~	13878
~~and number or other particular description, of the agent for~~	13879
~~service of process maintained pursuant to section 1782.04 of the~~	13880
~~Revised Code~~;	13881

(3) The name and business or residence address of each	13882
general partner;	13883

(4) Any other matters that the general partners determine to	13884
include in the certificate.	13885

(B) A written appointment of a statutory agent for the	13886
purpose set forth in section 1782.04 of the Revised Code shall be	13887
filed with the certificate of limited partnership.	13888

(C) A limited partnership is an entity formed at the time of	13889
filing the certificate of limited partnership pursuant to section	13890
1782.13 of the Revised Code or at any later time specified in the	13891
certificate if, in either case, there has been substantial	13892
compliance with the requirements of ~~division~~ divisions (A) and (B)	13893
of this section.	13894

Sec. 1782.09. (A) A certificate of limited partnership	13895
shall be amended by filing a certificate of amendment with the	13896
secretary of state. The certificate of amendment shall be on a	13897
form prescribed by the secretary of state and shall state all of	13898
the following:	13899

(1) The name of the limited partnership and the file number	13900
assigned to it by the secretary of state;	13901

(2) The date of the first filing of the certificate of	13902
limited partnership and, if different, the date of the first	13903
filing by the partnership with the secretary of state pursuant to	13904
section 1782.63 of the Revised Code;	13905

(3) The amendment to the certificate of limited partnership.

13906

(B) Within thirty days after the occurrence of any of the	13907
following events, an amendment to a certificate of limited	13908
partnership reflecting the occurrence of the event shall be filed	13909
pursuant to division (A) of this section:	13910

(1) A new general partner is admitted;

13911

(2) A general partner withdraws;

13912

(3) The business is continued pursuant to section 1782.44 of	13913
the Revised Code after an event of withdrawal of a general	13914
partner;	13915

(4) The address of the principal place of business of the	13916
limited partnership changes;	13917

(5) ~~The name or identity of the statutory agent changes;~~

13918

~~(6) The address of the statutory agent changes;~~

13919

~~(7)~~ The name of the limited partnership is changes.

13920

(C) A general partner who becomes aware that any statement	13921
in the certificate of limited partnership was materially false	13922
when made or that any arrangements or other facts described have	13923
changed, thereby making the certificate materially inaccurate,	13924
promptly shall amend the certificate.	13925

~~If the certificate becomes inaccurate because the designated~~	13926
~~agent changes the agent's address from that appearing in the~~	13927
~~certificate of limited partnership or any subsequent amendment~~	13928
~~thereto, the limited partnership, or the designated agent on its~~	13929
~~behalf, shall file promptly with the secretary of state, on a form~~	13930
~~prescribed by the secretary of state, an amendment setting forth~~	13931
~~the new address.~~	13932

(D) A certificate of limited partnership may be amended at	13933
any time for any other proper purpose the general partners	13934
determine.	13935

(E) A person is not liable because an amendment to a	13936
certificate of limited partnership has not been filed to reflect	13937
the occurrence of an event referred to in division (B) of this	13938
section if the amendment is filed within the thirty-day period	13939
specified in that division.	13940

(F) A certificate of limited partnership may be restated at	13941
any time by filing a restatement of the certificate of limited	13942
partnership with the secretary of state.	13943

Sec. 1782.433. (A) Upon the adoption by each constituent	13944
entity of an agreement of merger or consolidation pursuant to	13945
section 1782.431 or 1782.432 of the Revised Code, a certificate of	13946
merger or consolidation shall be filed with the secretary of state	13947
that is signed by an authorized representative of each constituent	13948
entity. The certificate shall be on a form prescribed by the	13949
secretary of state and shall set forth only the information	13950
required by this section.	13951

(B)(1) The certificate of merger or consolidation shall set	13952
forth all of the following:	13953

(a) The name and the form of entity of each constituent	13954
entity and the state under the laws of which each constituent	13955
entity exists;	13956

(b) A statement that each constituent entity has complied	13957
with all of the laws under which it exists and that the laws	13958
permit the merger or consolidation;	13959

(c) The name and mailing address of the person or entity	13960
that is to provide, in response to any written request made by a	13961
shareholder, partner, or other equity holder of a constituent	13962
entity, a copy of the agreement of merger or consolidation;	13963

(d) The effective date of the merger or consolidation, which	13964
date may be on or after the date of the filing of the certificate;	13965

(e) The signature of the representative or representatives	13966
authorized to sign the certificate on behalf of each constituent	13967
entity and the office held or the capacity in which the	13968
representative is acting;	13969

(f) A statement that the agreement of merger or	13970
consolidation is authorized on behalf of each constituent entity	13971
and that the persons who signed the certificate on behalf of each	13972
entity are authorized to do so;	13973

(g) In the case of a merger, a statement that one or more	13974
specified constituent entities will be merged into a specified	13975
surviving entity or, in the case of a consolidation, a statement	13976
that the constituent entities will be consolidated into a new	13977
entity;	13978

(h) In the case of a merger, if the surviving entity is a	13979
foreign entity not licensed to transact business in this state,	13980
the name and address of the statutory agent upon whom any process,	13981
notice, or demand may be served;	13982

(i) In the case of a consolidation, the name and address of	13983
the statutory agent upon whom any process, notice, or demand	13984
against any constituent entity or the new entity may be served.	13985

(2) In the case of a consolidation into a new domestic	13986
corporation, limited liability company, or limited partnership,	13987
the articles of incorporation, the articles of organization, or	13988
the certificate of limited partnership of the new domestic entity	13989
shall be filed with the certificate of merger or consolidation.	13990

(3) In the case of a merger into a domestic corporation,	13991
limited liability company, or limited partnership, any amendments	13992
to the articles of incorporation, articles of organization, or	13993
certificate of limited partnership of the surviving domestic	13994
entity shall be filed with the certificate of merger or	13995
consolidation.	13996

(4) If the surviving or new entity is a foreign entity that	13997
desires to transact business in this state as a foreign	13998
corporation, limited liability company, or limited partnership,	13999
the certificate of merger or consolidation shall be accompanied by	14000
the information required by division (B)(7), (8), or (9) of	14001
section 1782.432 of the Revised Code.	14002

(5) If a foreign or domestic corporation licensed to	14003
transact business in this state is a constituent entity and the	14004
surviving or new entity resulting from the merger or consolidation	14005
is not a foreign or domestic corporation that is to be licensed to	14006
transact business in this state, the certificate of merger or	14007
consolidation shall be accompanied by the affidavits, receipts,	14008
certificates, or other evidence required by division (H) of	14009
section 1701.86 of the Revised Code, with respect to each domestic	14010
constituent corporation, and by the affidavits, receipts,	14011
certificates, or other evidence required by division (C) or (D) of	14012
section 1703.17 of the Revised Code, with respect to each foreign	14013
constituent corporation licensed to transact business in this	14014
state.	14015

(C) If any constituent entity in a merger or consolidation	14016
is organized or formed under the laws of a state other than this	14017
state or under any chapter of the Revised Code other than this	14018
chapter, there also shall be filed in the proper office all	14019
documents that are required to be filed in connection with the	14020
merger or consolidation by the laws of that state or by that	14021
chapter.	14022

(D) Upon the filing of a certificate of merger or	14023
consolidation and other filings as described in division (C) of	14024
this section or at any later date that the certificate of merger	14025
or consolidation specifies, the merger or consolidation is	14026
effective.	14027

(E) The secretary of state shall furnish, upon request and	14028
payment of a the fee specified in division (D) of ~~ten dollars~~	14029
section 111.16 of the Revised Code, the secretary of state's	14030
certificate setting forth: the name and form of entity of each	14031
constituent entity and the states under the laws of which each	14032
constituent entity existed prior to the merger or consolidation;	14033
the name and the form of entity of the surviving or new entity and	14034
the state under the laws of which the surviving entity exists or	14035
the new entity is to exist; the date of filing of the certificate	14036
of merger or consolidation with the secretary of state; and the	14037
effective date of the merger or consolidation. The certificate of	14038
the secretary of state, or a copy of the certificate of merger or	14039
consolidation certified by the secretary of state, may be filed	14040
for record in the office of the recorder of any county in this	14041
state and, if filed, shall be recorded in the records of deeds for	14042
that county. For that recording, the county recorder shall charge	14043
and collect the same fee as in the case of deeds.	14044

Sec. 1785.06. A professional association, within thirty days	14045
after the thirtieth day of June in each year, shall furnish a	14046
statement to the secretary of state showing the names and	14047
post-office addresses of all of the shareholders in the	14048
association and certifying that all of the shareholders are duly	14049
licensed, certificated, or otherwise legally authorized to render	14050
within this state the same professional service for which the	14051
association was organized or, in the case of a combination of	14052
professional services described in division (B) of section 1785.01	14053
of the Revised Code, to render within this state any of the	14054
applicable types of professional services for which the	14055
association was organized. This statement shall be made on a form	14056
that the secretary of state shall prescribe, shall be signed by an	14057
officer of the association, and shall be filed in the office of	14058
the secretary of state.	14059

If any professional association fails to file the annual	14060
statement within the time required by this section, the secretary	14061
of state shall give notice of the failure by certified mail,	14062
return receipt requested, to the last known address of the	14063
association or its agent. If the annual statement is not filed	14064
within thirty days after the mailing of the notice, the secretary	14065
of state, upon the expiration of that period, shall cancel the	14066
association's articles of incorporation, give notice of the	14067
cancellation to the association by mail sent to the last known	14068
address of the association or its agent, and make a notation of	14069
the cancellation on the records of the secretary of state.	14070

A professional association whose articles have been canceled	14071
pursuant to this section may be reinstated by filing an	14072
application for reinstatement and the required annual statement or	14073
statements and by paying a the reinstatement fee specified in	14074
division (Q) of ~~ten dollars~~ section 111.16 of the Revised Code.	14075
The rights, privileges, and franchises of a professional	14076
association whose articles have been reinstated are subject to	14077
section 1701.922 of the Revised Code. The secretary of state	14078
shall inform the tax commissioner of all cancellations and	14079
reinstatements under this section.	14080

Sec. 1901.26. (A) Subject to division (E) of this section,	14081
costs in a municipal court shall be fixed and taxed as follows:	14082

(1) The municipal court shall require an advance deposit for	14083
the filing of any new civil action or proceeding when required by	14084
division (A)(9) of this section, and in all other cases, by rule,	14085
shall establish a schedule of fees and costs to be taxed in any	14086
civil or criminal action or proceeding.	14087

(2) The municipal court, by rule, may require an advance	14088
deposit for the filing of any civil action or proceeding and	14089
publication fees as provided in section 2701.09 of the Revised	14090
Code. The court may waive the requirement for advance deposit	14091
upon affidavit or other evidence that a party is unable to make	14092
the required deposit.	14093

(3) When a jury trial is demanded in any civil action or	14094
proceeding, the party making the demand may be required to make an	14095
advance deposit as fixed by rule of court, unless, upon affidavit	14096
or other evidence, the court concludes that the party is unable to	14097
make the required deposit. If a jury is called, the fees of a	14098
jury shall be taxed as costs.	14099

(4) In any civil or criminal action or proceeding,	14100
witnesses' fees shall be fixed in accordance with sections 2335.06	14101
and 2335.08 of the Revised Code.	14102

(5) A reasonable charge for driving, towing, carting,	14103
storing, keeping, and preserving motor vehicles and other personal	14104
property recovered or seized in any proceeding may be taxed as	14105
part of the costs in a trial of the cause, in an amount that shall	14106
be fixed by rule of court.	14107

(6) Chattel property seized under any writ or process issued	14108
by the court shall be preserved pending final disposition for the	14109
benefit of all persons interested and may be placed in storage	14110
when necessary or proper for that preservation. The custodian of	14111
any chattel property so stored shall not be required to part with	14112
the possession of the property until a reasonable charge, to be	14113
fixed by the court, is paid.	14114

(7) The municipal court, as it determines, may refund all	14115
deposits and advance payments of fees and costs, including those	14116
for jurors and summoning jurors, when they have been paid by the	14117
losing party.	14118

(8) Charges for the publication of legal notices required by	14119
statute or order of court may be taxed as part of the costs, as	14120
provided by section 7.13 of the Revised Code.	14121

(B)(1) The municipal court may determine that, for the	14122
efficient operation of the court, additional funds are necessary	14123
to acquire and pay for special projects of the court including,	14124
but not limited to, the acquisition of additional facilities or	14125
the rehabilitation of existing facilities, the acquisition of	14126
equipment, the hiring and training of staff, community service	14127
programs, mediation or dispute resolution services, the employment	14128
of magistrates, the training and education of judges, acting	14129
judges, and magistrates, and other related services. Upon that	14130
determination, the court by rule may charge a fee, in addition to	14131
all other court costs, on the filing of each criminal cause, civil	14132
action or proceeding, or judgment by confession.	14133

If the municipal court offers a special program or service in	14134
cases of a specific type, the municipal court by rule may assess	14135
an additional charge in a case of that type, over and above court	14136
costs, to cover the special program or service. The municipal	14137
court shall adjust the special assessment periodically, but not	14138
retroactively, so that the amount assessed in those cases does not	14139
exceed the actual cost of providing the service or program.	14140

All moneys collected under division (B) of this section shall	14141
be paid to the county treasurer if the court is a county-operated	14142
municipal court or to the city treasurer if the court is not a	14143
county-operated municipal court for deposit into either a general	14144
special projects fund or a fund established for a specific special	14145
project. Moneys from a fund of that nature shall be disbursed	14146
upon an order of the court in an amount no greater than the actual	14147
cost to the court of a project. If a specific fund is terminated	14148
because of the discontinuance of a program or service established	14149
under division (B) of this section, the municipal court may order	14150
that moneys remaining in the fund be transferred to an account	14151
established under this division for a similar purpose.	14152

(2) As used in division (B) of this section:

14153

(a) "Criminal cause" means a charge alleging the violation of	14154
a statute or ordinance, or subsection of a statute or ordinance,	14155
that requires a separate finding of fact or a separate plea before	14156
disposition and of which the defendant may be found guilty,	14157
whether filed as part of a multiple charge on a single summons,	14158
citation, or complaint or as a separate charge on a single	14159
summons, citation, or complaint. "Criminal cause" does not include	14160
separate violations of the same statute or ordinance, or	14161
subsection of the same statute or ordinance, unless each charge is	14162
filed on a separate summons, citation, or complaint.	14163

(b) "Civil action or proceeding" means any civil litigation	14164
that must be determined by judgment entry.	14165

(C) ~~Prior to January 1, 1993, and on and after January 1,~~	14166
~~2003, the municipal court shall collect the sum of four dollars as~~	14167
~~additional filing fees in each new civil action or proceeding for~~	14168
~~the charitable public purpose of providing financial assistance to~~	14169
~~legal aid societies that operate within the state. From January~~	14170
~~1, 1993, through December 31, 2002, the~~ The municipal court shall	14171
collect in all its divisions except the small claims division the	14172
sum of fifteen dollars as additional filing fees in each new civil	14173
action or proceeding for the charitable public purpose of	14174
providing financial assistance to legal aid societies that operate	14175
within the state. ~~From January 1, 1993, through December 31, 2002,~~	14176
~~the~~ The municipal court shall collect in its small claims division	14177
the sum of seven dollars as additional filing fees in each new	14178
civil action or proceeding for the charitable public purpose of	14179
providing financial assistance to legal aid societies that operate	14180
within the state. This division does not apply to any execution	14181
on a judgment, proceeding in aid of execution, or other	14182
post-judgment proceeding arising out of a civil action. The	14183
filing fees required to be collected under this division shall be	14184
in addition to any other court costs imposed in the action or	14185
proceeding and shall be collected at the time of the filing of the	14186
action or proceeding. The court shall not waive the payment of	14187
the additional filing fees in a new civil action or proceeding	14188
unless the court waives the advanced payment of all filing fees in	14189
the action or proceeding. All such moneys shall be transmitted on	14190
the first business day of each month by the clerk of the court to	14191
the treasurer of state. The moneys then shall be deposited by the	14192
treasurer of state to the credit of the legal aid fund established	14193
under section 120.52 of the Revised Code.	14194

The court may retain up to one per cent of the moneys it	14195
collects under this division to cover administrative costs,	14196
including the hiring of any additional personnel necessary to	14197
implement this division.	14198

(D) In the Cleveland municipal court, reasonable charges for	14199
investigating titles of real estate to be sold or disposed of	14200
under any writ or process of the court may be taxed as part of the	14201
costs.	14202

(E) Under the circumstances described in sections 2969.21 to	14203
2969.27 of the Revised Code, the clerk of the municipal court	14204
shall charge the fees and perform the other duties specified in	14205
those sections.	14206

Sec. 1907.24. (A) Subject to division (C) of this section,	14207
a county court shall fix and tax fees and costs as follows:	14208

(1) The county court shall require an advance deposit for	14209
the filing of any new civil action or proceeding when required by	14210
division (C) of this section and, in all other cases, shall	14211
establish a schedule of fees and costs to be taxed in any civil or	14212
criminal action or proceeding.	14213

(2) The county court by rule may require an advance deposit	14214
for the filing of a civil action or proceeding and publication	14215
fees as provided in section 2701.09 of the Revised Code. The	14216
court may waive an advance deposit requirement upon the	14217
presentation of an affidavit or other evidence that establishes	14218
that a party is unable to make the requisite deposit.	14219

(3) When a party demands a jury trial in a civil action or	14220
proceeding, the county court may require the party to make an	14221
advance deposit as fixed by rule of court, unless the court	14222
concludes, on the basis of an affidavit or other evidence	14223
presented by the party, that the party is unable to make the	14224
requisite deposit. If a jury is called, the county court shall	14225
tax the fees of a jury as costs.	14226

(4) In a civil or criminal action or proceeding, the county	14227
court shall fix the fees of witnesses in accordance with sections	14228
2335.06 and 2335.08 of the Revised Code.	14229

(5) A county court may tax as part of the costs in a trial	14230
of the cause, in an amount fixed by rule of court, a reasonable	14231
charge for driving, towing, carting, storing, keeping, and	14232
preserving motor vehicles and other personal property recovered or	14233
seized in a proceeding.	14234

(6) The court shall preserve chattel property seized under a	14235
writ or process issued by the court pending final disposition for	14236
the benefit of all interested persons. The court may place the	14237
chattel property in storage when necessary or proper for its	14238
preservation. The custodian of chattel property so stored shall	14239
not be required to part with the possession of the property until	14240
a reasonable charge, to be fixed by the court, is paid.	14241

(7) The county court, as it determines, may refund all	14242
deposits and advance payments of fees and costs, including those	14243
for jurors and summoning jurors, when they have been paid by the	14244
losing party.	14245

(8) The court may tax as part of costs charges for the	14246
publication of legal notices required by statute or order of	14247
court, as provided by section 7.13 of the Revised Code.	14248

(B)(1) The county court may determine that, for the	14249
efficient operation of the court, additional funds are necessary	14250
to acquire and pay for special projects of the court including,	14251
but not limited to, the acquisition of additional facilities or	14252
the rehabilitation of existing facilities, the acquisition of	14253
equipment, the hiring and training of staff, community service	14254
programs, mediation or dispute resolution services, the employment	14255
of magistrates, the training and education of judges, acting	14256
judges, and magistrates, and other related services. Upon that	14257
determination, the court by rule may charge a fee, in addition to	14258
all other court costs, on the filing of each criminal cause, civil	14259
action or proceeding, or judgment by confession.	14260

If the county court offers a special program or service in	14261
cases of a specific type, the county court by rule may assess an	14262
additional charge in a case of that type, over and above court	14263
costs, to cover the special program or service. The county court	14264
shall adjust the special assessment periodically, but not	14265
retroactively, so that the amount assessed in those cases does not	14266
exceed the actual cost of providing the service or program.	14267

All moneys collected under division (B) of this section shall	14268
be paid to the county treasurer for deposit into either a general	14269
special projects fund or a fund established for a specific special	14270
project. Moneys from a fund of that nature shall be disbursed	14271
upon an order of the court in an amount no greater than the actual	14272
cost to the court of a project. If a specific fund is terminated	14273
because of the discontinuance of a program or service established	14274
under division (B) of this section, the county court may order	14275
that moneys remaining in the fund be transferred to an account	14276
established under this division for a similar purpose.	14277

(2) As used in division (B) of this section:

14278

(a) "Criminal cause" means a charge alleging the violation of	14279
a statute or ordinance, or subsection of a statute or ordinance,	14280
that requires a separate finding of fact or a separate plea before	14281
disposition and of which the defendant may be found guilty,	14282
whether filed as part of a multiple charge on a single summons,	14283
citation, or complaint or as a separate charge on a single	14284
summons, citation, or complaint. "Criminal cause" does not include	14285
separate violations of the same statute or ordinance, or	14286
subsection of the same statute or ordinance, unless each charge is	14287
filed on a separate summons, citation, or complaint.	14288

(b) "Civil action or proceeding" means any civil litigation	14289
that must be determined by judgment entry.	14290

(C) Subject to division (E) of this section, ~~prior to~~	14291
~~January 1, 1993, and on and after January 1, 2003, the county~~	14292
~~court shall collect the sum of four dollars as additional filing~~	14293
~~fees in each new civil action or proceeding for the charitable~~	14294
~~public purpose of providing financial assistance to legal aid~~	14295
~~societies that operate within the state. Subject to division (E)~~	14296
~~of this section, from January 1, 1993, through December 31, 2002,~~	14297
the county court shall collect in all its divisions except the	14298
small claims division the sum of fifteen dollars as additional	14299
filing fees in each new civil action or proceeding for the	14300
charitable public purpose of providing financial assistance to	14301
legal aid societies that operate within the state. Subject to	14302
division (E) of this section~~, from January 1, 1993, through~~	14303
~~December 31, 2002~~, the county court shall collect in its small	14304
claims division the sum of seven dollars as additional filing fees	14305
in each new civil action or proceeding for the charitable public	14306
purpose of providing financial assistance to legal aid societies	14307
that operate within the state. This division does not apply to	14308
any execution on a judgment, proceeding in aid of execution, or	14309
other post-judgment proceeding arising out of a civil action. The	14310
filing fees required to be collected under this division shall be	14311
in addition to any other court costs imposed in the action or	14312
proceeding and shall be collected at the time of the filing of the	14313
action or proceeding. The court shall not waive the payment of	14314
the additional filing fees in a new civil action or proceeding	14315
unless the court waives the advanced payment of all filing fees in	14316
the action or proceeding. All such moneys collected during a	14317
month shall be transmitted on or before the twentieth day of the	14318
following month by the clerk of the court to the treasurer of	14319
state. The moneys then shall be deposited by the treasurer of	14320
state to the credit of the legal aid fund established under	14321
section 120.52 of the Revised Code.	14322

The court may retain up to one per cent of the moneys it	14323
collects under this division to cover administrative costs,	14324
including the hiring of any additional personnel necessary to	14325
implement this division.	14326

(D) The county court shall establish by rule a schedule of	14327
fees for miscellaneous services performed by the county court or	14328
any of its judges in accordance with law. If judges of the court	14329
of common pleas perform similar services, the fees prescribed in	14330
the schedule shall not exceed the fees for those services	14331
prescribed by the court of common pleas.	14332

(E) Under the circumstances described in sections 2969.21 to	14333
2969.27 of the Revised Code, the clerk of the county court shall	14334
charge the fees and perform the other duties specified in those	14335
sections.	14336

Sec. 2303.20. Under the circumstances described in sections	14337
2969.21 to 2969.27 of the Revised Code, the clerk of the court of	14338
common pleas shall charge the fees and perform the other duties	14339
specified in those sections. In all other cases, the clerk shall	14340
charge the following fees and no more:	14341

(A) Twenty-five dollars for each cause of action which shall	14342
include the following:	14343

(1) Docketing in all dockets;

14344

(2) Filing necessary documents, noting the filing of the	14345
documents, except subpoena, on the dockets;	14346

(3) Issuing certificate of deposit in foreign writs;

14347

(4) Indexing pending suits and living judgments;

14348

(5) Noting on appearance docket all papers mailed;

14349

(6) Certificate for attorney's fee;

14350

(7) Certificate for stenographer's fee;

14351

(8) Preparing cost bill;

14352

(9) Entering on indictment any plea;

14353

(10) Entering costs on docket and cash book.

14354

(B) Two dollars for taking each undertaking, bond, or	14355
recognizance;	14356

(C) Two dollars for issuing each writ, order, or notice,	14357
except subpoena;	14358

(D) Two dollars for each name for issuing subpoena, swearing	14359
witness, entering attendance, and certifying fees;	14360

(E) Twenty-five dollars for calling a jury in each cause;

14361

(F) Two dollars for each page, for entering on journal,	14362
indexing, and posting on any docket;	14363

(G) Three dollars for each execution or transcript of	14364
judgment, including indexing;	14365

(H) One dollar for each page, for making complete record,	14366
including indexing;	14367

(I) Five dollars for certifying a plat recorded in the	14368
county recorder's office;	14369

(J) Five dollars for issuing certificate to receiver or	14370
order of reference with oath;	14371

(K) Five dollars for entering satisfaction or partial	14372
satisfaction of each lien on record in the county recorder's	14373
office, and the clerk of courts' office;	14374

(L) One dollar for each certificate of fact under seal of	14375
the court, to be paid by the party demanding it;	14376

(M) One dollar for taking each affidavit, including	14377
certificate and seal;	14378

(N) Two dollars for acknowledging all instruments in	14379
writing;	14380

(O) Five dollars for making certificate of judgment;

14381

(P) Ten dollars for filing, docketing, and endorsing a	14382
certificate of judgment, including the indexing and noting the	14383
return of the certificate;	14384

(Q) Twenty-five dollars for each cause of action for each	14385
judgment by confession, including all docketing, indexing, and	14386
entries on the journal;	14387

(R) Five dollars for recording commission of a mayor or	14388
~~notary public~~;	14389

(S) One dollar for issuing any license except the licenses	14390
issued pursuant to sections 1533.101, 1533.11, 1533.13, and	14391
1533.32 of the Revised Code;	14392

(T) Fifteen dollars for docketing and indexing each aid in	14393
execution or petition to vacate, revive, or modify judgment,	14394
including the filing and noting of all necessary documents;	14395

(U) Twenty-five dollars for docketing and indexing each	14396
appeal, including the filing and noting of all necessary	14397
documents;	14398

(V) A commission of two per cent on the first ten thousand	14399
dollars and one per cent on all exceeding ten thousand dollars for	14400
receiving and disbursing money, other than costs and fees, paid to	14401
or deposited with the clerk of courts in pursuance of an order of	14402
court or on judgments, including moneys invested by order of the	14403
court and interest earned on them;	14404

(W) Five dollars for numbering, docketing, indexing, and	14405
filing each authenticated or certified copy of the record, or any	14406
portion of an authenticated or certified copy of the record, of an	14407
extra county action or proceeding;	14408

(X) Two dollars for each certificate of divorce, annulment,	14409
or dissolution of marriage to the bureau of vital statistics;	14410

(Y) Two dollars for each electronic transmission of a	14411
document, plus one dollar for each page of that document. These	14412
fees are to be paid by the party requesting the electronic	14413
transmission.	14414

(Z) One dollar for each page, for copies of pleadings,	14415
process, record, or files, including certificate and seal.	14416

Sec. 2303.201. (A)(1) The court of common pleas of any	14417
county may determine that for the efficient operation of the court	14418
additional funds are required to computerize the court, to make	14419
available computerized legal research services, or to do both.	14420
Upon making a determination that additional funds are required for	14421
either or both of those purposes, the court shall authorize and	14422
direct the clerk of the court of common pleas to charge one	14423
additional fee, not to exceed three dollars, on the filing of each	14424
cause of action or appeal under divisions (A), (Q), and (U) of	14425
section 2303.20 of the Revised Code.	14426

(2) All fees collected under division (A)(1) of this section	14427
shall be paid to the county treasurer. The treasurer shall place	14428
the funds from the fees in a separate fund to be disbursed, upon	14429
an order of the court, in an amount not greater than the actual	14430
cost to the court of procuring and maintaining computerization of	14431
the court, computerized legal research services, or both.	14432

(3) If the court determines that the funds in the fund	14433
described in division (A)(2) of this section are more than	14434
sufficient to satisfy the purpose for which the additional fee	14435
described in division (A)(1) of this section was imposed, the	14436
court may declare a surplus in the fund and expend those surplus	14437
funds for other appropriate technological expenses of the court.	14438

(B)(1) The court of common pleas of any county may determine	14439
that, for the efficient operation of the court, additional funds	14440
are required to computerize the office of the clerk of the court	14441
of common pleas and, upon that determination, authorize and direct	14442
the clerk of the court of common pleas to charge an additional	14443
fee, not to exceed ten dollars, on the filing of each cause of	14444
action or appeal, on the filing, docketing, and endorsing of each	14445
certificate of judgment, or on the docketing and indexing of each	14446
aid in execution or petition to vacate, revive, or modify a	14447
judgment under divisions (A), (P), (Q), (T), and (U) of section	14448
2303.20 of the Revised Code. Subject to division (B)(2) of this	14449
section, all moneys collected under division (B)(1) of this	14450
section shall be paid to the county treasurer to be disbursed,	14451
upon an order of the court of common pleas and subject to	14452
appropriation by the board of county commissioners, in an amount	14453
no greater than the actual cost to the court of procuring and	14454
maintaining computer systems for the office of the clerk of the	14455
court of common pleas.	14456

(2) If the court of common pleas of a county makes the	14457
determination described in division (B)(1) of this section, the	14458
board of county commissioners of that county may issue one or more	14459
general obligation bonds for the purpose of procuring and	14460
maintaining the computer systems for the office of the clerk of	14461
the court of common pleas. In addition to the purposes stated in	14462
division (B)(1) of this section for which the moneys collected	14463
under that division may be expended, the moneys additionally may	14464
be expended to pay debt charges on and financing costs related to	14465
any general obligation bonds issued pursuant to division (B)(2) of	14466
this section as they become due. General obligation bonds issued	14467
pursuant to division (B)(2) of this section are Chapter 133.	14468
securities.	14469

(C) ~~Prior to January 1, 1993, and on and after January 1,~~	14470
~~2003, the court of common pleas shall collect the sum of four~~	14471
~~dollars as additional filing fees in each new civil action or~~	14472
~~proceeding for the charitable public purpose of providing~~	14473
~~financial assistance to legal aid societies that operate within~~	14474
~~the state. From January 1, 1993, through December 31, 2002, the~~	14475
The court of common pleas shall collect the sum of fifteen dollars	14476
as additional filing fees in each new civil action or proceeding	14477
for the charitable public purpose of providing financial	14478
assistance to legal aid societies that operate within the state.	14479
This division does not apply to proceedings concerning annulments,	14480
dissolutions of marriage, divorces, legal separation, spousal	14481
support, marital property or separate property distribution,	14482
support, or other domestic relations matters; to a juvenile	14483
division of a court of common pleas; to a probate division of a	14484
court of common pleas, except that the additional filing fees	14485
shall apply to name change, guardianship, and adoption	14486
proceedings; or to an execution on a judgment, proceeding in aid	14487
of execution, or other post-judgment proceeding arising out of a	14488
civil action. The filing fees required to be collected under this	14489
division shall be in addition to any other filing fees imposed in	14490
the action or proceeding and shall be collected at the time of the	14491
filing of the action or proceeding. The court shall not waive the	14492
payment of the additional filing fees in a new civil action or	14493
proceeding unless the court waives the advanced payment of all	14494
filing fees in the action or proceeding. All such moneys	14495
collected during a month shall be transmitted on or before the	14496
twentieth day of the following month by the clerk of the court to	14497
the treasurer of state. The moneys then shall be deposited by the	14498
treasurer of state to the credit of the legal aid fund established	14499
under section 120.52 of the Revised Code.	14500

The court may retain up to one per cent of the moneys it	14501
collects under this division to cover administrative costs,	14502
including the hiring of any additional personnel necessary to	14503
implement this division.	14504

(D) On and after the thirtieth day after December 9, 1994,	14505
the court of common pleas shall collect the sum of thirty-two	14506
dollars as additional filing fees in each new action or proceeding	14507
for annulment, divorce, or dissolution of marriage for the purpose	14508
of funding shelters for victims of domestic violence pursuant to	14509
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	14510
required to be collected under this division shall be in addition	14511
to any other filing fees imposed in the action or proceeding and	14512
shall be collected at the time of the filing of the action or	14513
proceeding. The court shall not waive the payment of the	14514
additional filing fees in a new action or proceeding for	14515
annulment, divorce, or dissolution of marriage unless the court	14516
waives the advanced payment of all filing fees in the action or	14517
proceeding. On or before the twentieth day of each month, all	14518
moneys collected during the immediately preceding month pursuant	14519
to this division shall be deposited by the clerk of the court into	14520
the county treasury in the special fund used for deposit of	14521
additional marriage license fees as described in section 3113.34	14522
of the Revised Code. Upon their deposit into the fund, the moneys	14523
shall be retained in the fund and expended only as described in	14524
section 3113.34 of the Revised Code.	14525

(E)(1) The court of common pleas may determine that, for the	14526
efficient operation of the court, additional funds are necessary	14527
to acquire and pay for special projects of the court, including,	14528
but not limited to, the acquisition of additional facilities or	14529
the rehabilitation of existing facilities, the acquisition of	14530
equipment, the hiring and training of staff, community service	14531
programs, mediation or dispute resolution services, the employment	14532
of magistrates, the training and education of judges, acting	14533
judges, and magistrates, and other related services. Upon that	14534
determination, the court by rule may charge a fee, in addition to	14535
all other court costs, on the filing of each criminal cause, civil	14536
action or proceeding, or judgment by confession.	14537

If the court of common pleas offers a special program or	14538
service in cases of a specific type, the court by rule may assess	14539
an additional charge in a case of that type, over and above court	14540
costs, to cover the special program or service. The court shall	14541
adjust the special assessment periodically, but not retroactively,	14542
so that the amount assessed in those cases does not exceed the	14543
actual cost of providing the service or program.	14544

All moneys collected under division (E) of this section shall	14545
be paid to the county treasurer for deposit into either a general	14546
special projects fund or a fund established for a specific special	14547
project. Moneys from a fund of that nature shall be disbursed	14548
upon an order of the court in an amount no greater than the actual	14549
cost to the court of a project. If a specific fund is terminated	14550
because of the discontinuance of a program or service established	14551
under division (E) of this section, the court may order that	14552
moneys remaining in the fund be transferred to an account	14553
established under this division for a similar purpose.	14554

(2) As used in division (E) of this section:

14555

(a) "Criminal cause" means a charge alleging the violation of	14556
a statute or ordinance, or subsection of a statute or ordinance,	14557
that requires a separate finding of fact or a separate plea before	14558
disposition and of which the defendant may be found guilty,	14559
whether filed as part of a multiple charge on a single summons,	14560
citation, or complaint or as a separate charge on a single	14561
summons, citation, or complaint. "Criminal cause" does not include	14562
separate violations of the same statute or ordinance, or	14563
subsection of the same statute or ordinance, unless each charge is	14564
filed on a separate summons, citation, or complaint.	14565

(b) "Civil action or proceeding" means any civil litigation	14566
that must be determined by judgment entry.	14567

Sec. 2317.02. The following persons shall not testify in	14568
certain respects:	14569

(A) An attorney, concerning a communication made to the	14570
attorney by a client in that relation or the attorney's advice to	14571
a client, except that the attorney may testify by express consent	14572
of the client or, if the client is deceased, by the express	14573
consent of the surviving spouse or the executor or administrator	14574
of the estate of the deceased client and except that, if the	14575
client voluntarily testifies or is deemed by section 2151.421 of	14576
the Revised Code to have waived any testimonial privilege under	14577
this division, the attorney may be compelled to testify on the	14578
same subject;	14579

(B)(1) A physician or a dentist concerning a communication	14580
made to the physician or dentist by a patient in that relation or	14581
the physician's or dentist's advice to a patient, except as	14582
otherwise provided in this division, division (B)(2), and division	14583
(B)(3) of this section, and except that, if the patient is deemed	14584
by section 2151.421 of the Revised Code to have waived any	14585
testimonial privilege under this division, the physician may be	14586
compelled to testify on the same subject.	14587

The testimonial privilege established under this division	14588
does not apply, and a physician or dentist may testify or may be	14589
compelled to testify, in any of the following circumstances:	14590

(a) In any civil action, in accordance with the discovery	14591
provisions of the Rules of Civil Procedure in connection with a	14592
civil action, or in connection with a claim under Chapter 4123. of	14593
the Revised Code, under any of the following circumstances:	14594

(i) If the patient or the guardian or other legal	14595
representative of the patient gives express consent;	14596

(ii) If the patient is deceased, the spouse of the patient	14597
or the executor or administrator of the patient's estate gives	14598
express consent;	14599

(iii) If a medical claim, dental claim, chiropractic claim,	14600
or optometric claim, as defined in section 2305.11 of the Revised	14601
Code, an action for wrongful death, any other type of civil	14602
action, or a claim under Chapter 4123. of the Revised Code is	14603
filed by the patient, the personal representative of the estate of	14604
the patient if deceased, or the patient's guardian or other legal	14605
representative.	14606

(b) In any civil action concerning court-ordered treatment	14607
or services received by a patient, if the court-ordered treatment	14608
or services were ordered as part of a case plan journalized under	14609
section 2151.412 of the Revised Code or the court-ordered	14610
treatment or services are necessary or relevant to dependency,	14611
neglect, or abuse or temporary or permanent custody proceedings	14612
under Chapter 2151. of the Revised Code.	14613

(c) In any criminal action concerning any test or the	14614
results of any test that determines the presence or concentration	14615
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	14616
patient's blood, breath, urine, or other bodily substance at any	14617
time relevant to the criminal offense in question.	14618

(d) In any criminal action against a physician or dentist.	14619
In such an action, the testimonial privilege established under	14620
this division does not prohibit the admission into evidence, in	14621
accordance with the Rules of Evidence, of a patient's medical or	14622
dental records or other communications between a patient and the	14623
physician or dentist that are related to the action and obtained	14624
by subpoena, search warrant, or other lawful means. A court that	14625
permits or compels a physician or dentist to testify in such an	14626
action or permits the introduction into evidence of patient	14627
records or other communications in such an action shall require	14628
that appropriate measures be taken to ensure that the	14629
confidentiality of any patient named or otherwise identified in	14630
the records is maintained. Measures to ensure confidentiality	14631
that may be taken by the court include sealing its records or	14632
deleting specific information from its records.	14633

(2)(a) If any law enforcement officer submits a written	14634
statement to a health care provider that states that an official	14635
criminal investigation has begun regarding a specified person or	14636
that a criminal action or proceeding has been commenced against a	14637
specified person, that requests the provider to supply to the	14638
officer copies of any records the provider possesses that pertain	14639
to any test or the results of any test administered to the	14640
specified person to determine the presence or concentration of	14641
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	14642
person's blood, breath, or urine at any time relevant to the	14643
criminal offense in question, and that conforms to section	14644
2317.022 of the Revised Code, the provider, except to the extent	14645
specifically prohibited by any law of this state or of the United	14646
States, shall supply to the officer a copy of any of the requested	14647
records the provider possesses. If the health care provider does	14648
not possess any of the requested records, the provider shall give	14649
the officer a written statement that indicates that the provider	14650
does not possess any of the requested records.	14651

(b) If a health care provider possesses any records of the	14652
type described in division (B)(2)(a) of this section regarding the	14653
person in question at any time relevant to the criminal offense in	14654
question, in lieu of personally testifying as to the results of	14655
the test in question, the custodian of the records may submit a	14656
certified copy of the records, and, upon its submission, the	14657
certified copy is qualified as authentic evidence and may be	14658
admitted as evidence in accordance with the Rules of Evidence.	14659
Division (A) of section 2317.422 of the Revised Code does not	14660
apply to any certified copy of records submitted in accordance	14661
with this division. Nothing in this division shall be construed	14662
to limit the right of any party to call as a witness the person	14663
who administered the test to which the records pertain, the person	14664
under whose supervision the test was administered, the custodian	14665
of the records, the person who made the records, or the person	14666
under whose supervision the records were made.	14667

(3)(a) If the testimonial privilege described in division	14668
(B)(1) of this section does not apply as provided in division	14669
(B)(1)(a)(iii) of this section, a physician or dentist may be	14670
compelled to testify or to submit to discovery under the Rules of	14671
Civil Procedure only as to a communication made to the physician	14672
or dentist by the patient in question in that relation, or the	14673
physician's or dentist's advice to the patient in question, that	14674
related causally or historically to physical or mental injuries	14675
that are relevant to issues in the medical claim, dental claim,	14676
chiropractic claim, or optometric claim, action for wrongful	14677
death, other civil action, or claim under Chapter 4123. of the	14678
Revised Code.	14679

(b) If the testimonial privilege described in division	14680
(B)(1) of this section does not apply to a physician or dentist as	14681
provided in division (B)(1)(c) of this section, the physician or	14682
dentist, in lieu of personally testifying as to the results of the	14683
test in question, may submit a certified copy of those results,	14684
and, upon its submission, the certified copy is qualified as	14685
authentic evidence and may be admitted as evidence in accordance	14686
with the Rules of Evidence. Division (A) of section 2317.422 of	14687
the Revised Code does not apply to any certified copy of results	14688
submitted in accordance with this division. Nothing in this	14689
division shall be construed to limit the right of any party to	14690
call as a witness the person who administered the test in	14691
question, the person under whose supervision the test was	14692
administered, the custodian of the results of the test, the person	14693
who compiled the results, or the person under whose supervision	14694
the results were compiled.	14695

(4) The testimonial privilege described in division (B)(1)	14696
of this section is not waived when a communication is made by a	14697
physician to a pharmacist or when there is communication between a	14698
patient and a pharmacist in furtherance of the physician-patient	14699
relation.	14700

(5)(a) As used in divisions (B)(1) to (4) of this section,	14701
"communication" means acquiring, recording, or transmitting any	14702
information, in any manner, concerning any facts, opinions, or	14703
statements necessary to enable a physician or dentist to diagnose,	14704
treat, prescribe, or act for a patient. A "communication" may	14705
include, but is not limited to, any medical or dental, office, or	14706
hospital communication such as a record, chart, letter,	14707
memorandum, laboratory test and results, x-ray, photograph,	14708
financial statement, diagnosis, or prognosis.	14709

(b) As used in division (B)(2) of this section, "health care	14710
provider" ~~has the same meaning as in section 3729.01 of the~~	14711
~~Revised Code~~ means a hospital, ambulatory care facility, long-term	14712
care facility, pharmacy, emergency facility, or health care	14713
practitioner.	14714

14715

(i) "Ambulatory care facility" means a facility that provides	14716
medical, diagnostic, or surgical treatment to patients who do not	14717
require hospitalization, including a dialysis center, ambulatory	14718
surgical facility, cardiac catheterization facility, diagnostic	14719
imaging center, extracorporeal shock wave lithotripsy center, home	14720
health agency, inpatient hospice, birthing center, radiation	14721
therapy center, emergency facility, and an urgent care center.	14722
"Ambulatory health care facility" does not include the private	14723
office of a physician or dentist, whether the office is for an	14724
individual or group practice.	14725

(ii) "Emergency facility" means a hospital emergency	14726
department or any other facility that provides emergency medical	14727
services.	14728

(iii) "Health care practitioner" has the same meaning as in	14729
section 4769.01 of the Revised Code.	14730

(iv) "Hospital" has the same meaning as in section 3727.01 of	14731
the Revised Code.	14732

(v) "Long-term care facility" means a nursing home,	14733
residential care facility, or home for the aging, as those terms	14734
are defined in section 3721.01 of the Revised Code; an adult care	14735
facility, as defined in section 3722.01 of the Revised Code; a	14736
nursing facility or intermediate care facility for the mentally	14737
retarded, as those terms are defined in section 5111.20 of the	14738
Revised Code; a facility or portion of a facility certified as a	14739
skilled nursing facility under Title XVIII of the "Social Security	14740
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	14741

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	14742
the Revised Code.	14743

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	14744
apply to doctors of medicine, doctors of osteopathic medicine,	14745
doctors of podiatry, and dentists.	14746

(7) Nothing in divisions (B)(1) to (6) of this section	14747
affects, or shall be construed as affecting, the immunity from	14748
civil liability conferred by section 307.628 or 2305.33 of the	14749
Revised Code upon physicians who report an employee's use of a	14750
drug of abuse, or a condition of an employee other than one	14751
involving the use of a drug of abuse, to the employer of the	14752
employee in accordance with division (B) of that section. As used	14753
in division (B)(7) of this section, "employee," "employer," and	14754
"physician" have the same meanings as in section 2305.33 of the	14755
Revised Code.	14756

(C) A member of the clergy, rabbi, priest, or regularly	14757
ordained, accredited, or licensed minister of an established and	14758
legally cognizable church, denomination, or sect, when the member	14759
of the clergy, rabbi, priest, or minister remains accountable to	14760
the authority of that church, denomination, or sect, concerning a	14761
confession made, or any information confidentially communicated,	14762
to the member of the clergy, rabbi, priest, or minister for a	14763
religious counseling purpose in the member of the clergy's,	14764
rabbi's, priest's, or minister's professional character; however,	14765
the member of the clergy, rabbi, priest, or minister may testify	14766
by express consent of the person making the communication, except	14767
when the disclosure of the information is in violation of a sacred	14768
trust;	14769

(D) Husband or wife, concerning any communication made by	14770
one to the other, or an act done by either in the presence of the	14771
other, during coverture, unless the communication was made, or act	14772
done, in the known presence or hearing of a third person competent	14773
to be a witness; and such rule is the same if the marital relation	14774
has ceased to exist;	14775

(E) A person who assigns a claim or interest, concerning any	14776
matter in respect to which the person would not, if a party, be	14777
permitted to testify;	14778

(F) A person who, if a party, would be restricted under	14779
section 2317.03 of the Revised Code, when the property or thing is	14780
sold or transferred by an executor, administrator, guardian,	14781
trustee, heir, devisee, or legatee, shall be restricted in the	14782
same manner in any action or proceeding concerning the property or	14783
thing.	14784

(G)(1) A school guidance counselor who holds a valid	14785
educator license from the state board of education as provided for	14786
in section 3319.22 of the Revised Code, a person licensed under	14787
Chapter 4757. of the Revised Code as a professional clinical	14788
counselor, professional counselor, social worker, or independent	14789
social worker, or registered under Chapter 4757. of the Revised	14790
Code as a social work assistant concerning a confidential	14791
communication received from a client in that relation or the	14792
person's advice to a client unless any of the following applies:	14793

(a) The communication or advice indicates clear and present	14794
danger to the client or other persons. For the purposes of this	14795
division, cases in which there are indications of present or past	14796
child abuse or neglect of the client constitute a clear and	14797
present danger.	14798

(b) The client gives express consent to the testimony.

14799

(c) If the client is deceased, the surviving spouse or the	14800
executor or administrator of the estate of the deceased client	14801
gives express consent.	14802

(d) The client voluntarily testifies, in which case the	14803
school guidance counselor or person licensed or registered under	14804
Chapter 4757. of the Revised Code may be compelled to testify on	14805
the same subject.	14806

(e) The court in camera determines that the information	14807
communicated by the client is not germane to the counselor-client	14808
or social worker-client relationship.	14809

(f) A court, in an action brought against a school, its	14810
administration, or any of its personnel by the client, rules after	14811
an in-camera inspection that the testimony of the school guidance	14812
counselor is relevant to that action.	14813

(g) The testimony is sought in a civil action and concerns	14814
court-ordered treatment or services received by a patient as part	14815
of a case plan journalized under section 2151.412 of the Revised	14816
Code or the court-ordered treatment or services are necessary or	14817
relevant to dependency, neglect, or abuse or temporary or	14818
permanent custody proceedings under ~~chapter~~ Chapter 2151. of the	14819
Revised Code.	14820

(2) Nothing in division (G)(1) of this section shall relieve	14821
a school guidance counselor or a person licensed or registered	14822
under Chapter 4757. of the Revised Code from the requirement to	14823
report information concerning child abuse or neglect under section	14824
2151.421 of the Revised Code.	14825

(H) A mediator acting under a mediation order issued under	14826
division (A) of section 3109.052 of the Revised Code or otherwise	14827
issued in any proceeding for divorce, dissolution, legal	14828
separation, annulment, or the allocation of parental rights and	14829
responsibilities for the care of children, in any action or	14830
proceeding, other than a criminal, delinquency, child abuse, child	14831
neglect, or dependent child action or proceeding, that is brought	14832
by or against either parent who takes part in mediation in	14833
accordance with the order and that pertains to the mediation	14834
process, to any information discussed or presented in the	14835
mediation process, to the allocation of parental rights and	14836
responsibilities for the care of the parents' children, or to the	14837
awarding of parenting time rights in relation to their children;	14838

(I) A communications assistant, acting within the scope of	14839
the communication assistant's authority, when providing	14840
telecommunications relay service pursuant to section 4931.35 of	14841
the Revised Code or Title II of the "Communications Act of 1934,"	14842
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	14843
made through a telecommunications relay service. Nothing in this	14844
section shall limit the obligation of a communications assistant	14845
to divulge information or testify when mandated by federal law or	14846
regulation or pursuant to subpoena in a criminal proceeding.	14847

Nothing in this section shall limit any immunity or privilege	14848
granted under federal law or regulation.	14849

(J)(1) A chiropractor in a civil proceeding concerning a	14850
communication made to the chiropractor by a patient in that	14851
relation or the chiropractor's advice to a patient, except as	14852
otherwise provided in this division. The testimonial privilege	14853
established under this division does not apply, and a chiropractor	14854
may testify or may be compelled to testify, in any civil action,	14855
in accordance with the discovery provisions of the Rules of Civil	14856
Procedure in connection with a civil action, or in connection with	14857
a claim under Chapter 4123. of the Revised Code, under any of the	14858
following circumstances:	14859

(a) If the patient or the guardian or other legal	14860
representative of the patient gives express consent.	14861

(b) If the patient is deceased, the spouse of the patient or	14862
the executor or administrator of the patient's estate gives	14863
express consent.	14864

(c) If a medical claim, dental claim, chiropractic claim, or	14865
optometric claim, as defined in section 2305.11 of the Revised	14866
Code, an action for wrongful death, any other type of civil	14867
action, or a claim under Chapter 4123. of the Revised Code is	14868
filed by the patient, the personal representative of the estate of	14869
the patient if deceased, or the patient's guardian or other legal	14870
representative.	14871

(2) If the testimonial privilege described in division	14872
(J)(1) of this section does not apply as provided in division	14873
(J)(1)(c) of this section, a chiropractor may be compelled to	14874
testify or to submit to discovery under the Rules of Civil	14875
Procedure only as to a communication made to the chiropractor by	14876
the patient in question in that relation, or the chiropractor's	14877
advice to the patient in question, that related causally or	14878
historically to physical or mental injuries that are relevant to	14879
issues in the medical claim, dental claim, chiropractic claim, or	14880
optometric claim, action for wrongful death, other civil action,	14881
or claim under Chapter 4123. of the Revised Code.	14882

(3) The testimonial privilege established under this	14883
division does not apply, and a chiropractor may testify or be	14884
compelled to testify, in any criminal action or administrative	14885
proceeding.	14886

(4) As used in this division, "communication" means	14887
acquiring, recording, or transmitting any information, in any	14888
manner, concerning any facts, opinions, or statements necessary to	14889
enable a chiropractor to diagnosis, treat, or act for a patient. A	14890
communication may include, but is not limited to, any	14891
chiropractic, office, or hospital communication such as a record,	14892
chart, letter, memorandum, laboratory test and results, x-ray,	14893
photograph, financial statement, diagnosis, or prognosis.	14894

Sec. 2317.022. (A) As used in this section, "health care	14895
provider" has the same meaning as in section ~~3729.01~~ 2317.02 of	14896
the Revised Code.	14897

(B) If an official criminal investigation has begun	14898
regarding a person or if a criminal action or proceeding is	14899
commenced against a person, any law enforcement officer who wishes	14900
to obtain from any health care provider a copy of any records the	14901
provider possesses that pertain to any test or the result of any	14902
test administered to the person to determine the presence or	14903
concentration of alcohol, a drug of abuse, or alcohol and a drug	14904
of abuse in the person's blood, breath, or urine at any time	14905
relevant to the criminal offense in question shall submit to the	14906
health care facility a written statement in the following form:	14907

"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS

14908

To: .................... (insert name of the health care	14909
provider in question).	14910

I hereby state that an official criminal investigation has	14911
begun regarding, or a criminal action or proceeding has been	14912
commenced against, .................... (insert the name of the	14913
person in question), and that I believe that one or more tests has	14914
been administered to ~~him~~ that person by this health care provider	14915
to determine the presence or concentration of alcohol, a drug of	14916
abuse, or alcohol and a drug of abuse in ~~his~~ that person's blood,	14917
breath, or urine at a time relevant to the criminal offense in	14918
question. Therefore, I hereby request that, pursuant to division	14919
(B)(2) of section 2317.02 of the Revised Code, this health care	14920
provider supply me with copies of any records the provider	14921
possesses that pertain to any test or the results of any test	14922
administered to the person specified above to determine the	14923
presence or concentration of alcohol, a drug of abuse, or alcohol	14924
and a drug of abuse in ~~his~~ that person's blood, breath, or urine	14925
at any time relevant to the criminal offense in question.	14926

.....................................

14927

(Name of officer)

14928

.....................................

14929

(Officer's title)

14930

.....................................

14931

(Officer's employing agency)

14932

.....................................

14933

(Officer's telephone number)

14934

.....................................

14935

.....................................

14936

.....................................

14937

(Agency's address)

14938

.....................................

14939

(Date written statement submitted)"

14940

(C) A health care provider that receives a written statement	14941
of the type described in division (B) of this section shall comply	14942
with division (B)(2) of section 2317.02 of the Revised Code	14943
relative to the written statement.	14944

Sec. 2329.66. (A) Every person who is domiciled in this	14945
state may hold property exempt from execution, garnishment,	14946
attachment, or sale to satisfy a judgment or order, as follows:	14947

(1)(a) In the case of a judgment or order regarding money	14948
owed for health care services rendered or health care supplies	14949
provided to the person or a dependent of the person, one parcel or	14950
item of real or personal property that the person or a dependent	14951
of the person uses as a residence. Division (A)(1)(a) of this	14952
section does not preclude, affect, or invalidate the creation	14953
under this chapter of a judgment lien upon the exempted property	14954
but only delays the enforcement of the lien until the property is	14955
sold or otherwise transferred by the owner or in accordance with	14956
other applicable laws to a person or entity other than the	14957
surviving spouse or surviving minor children of the judgment	14958
debtor. Every person who is domiciled in this state may hold	14959
exempt from a judgment lien created pursuant to division (A)(1)(a)	14960
of this section the person's interest, not to exceed five thousand	14961
dollars, in the exempted property.	14962

(b) In the case of all other judgments and orders, the	14963
person's interest, not to exceed five thousand dollars, in one	14964
parcel or item of real or personal property that the person or a	14965
dependent of the person uses as a residence.	14966

(2) The person's interest, not to exceed one thousand	14967
dollars, in one motor vehicle;	14968

(3) The person's interest, not to exceed two hundred dollars	14969
in any particular item, in wearing apparel, beds, and bedding, and	14970
the person's interest, not to exceed three hundred dollars in each	14971
item, in one cooking unit and one refrigerator or other food	14972
preservation unit;	14973

(4)(a) The person's interest, not to exceed four hundred	14974
dollars, in cash on hand, money due and payable, money to become	14975
due within ninety days, tax refunds, and money on deposit with a	14976
bank, savings and loan association, credit union, public utility,	14977
landlord, or other person. Division (A)(4)(a) of this section	14978
applies only in bankruptcy proceedings. This exemption may	14979
include the portion of personal earnings that is not exempt under	14980
division (A)(13) of this section.	14981

(b) Subject to division (A)(4)(d) of this section, the	14982
person's interest, not to exceed two hundred dollars in any	14983
particular item, in household furnishings, household goods,	14984
appliances, books, animals, crops, musical instruments, firearms,	14985
and hunting and fishing equipment, that are held primarily for the	14986
personal, family, or household use of the person;	14987

(c) Subject to division (A)(4)(d) of this section, the	14988
person's interest in one or more items of jewelry, not to exceed	14989
four hundred dollars in one item of jewelry and not to exceed two	14990
hundred dollars in every other item of jewelry;	14991

(d) Divisions (A)(4)(b) and (c) of this section do not	14992
include items of personal property listed in division (A)(3) of	14993
this section.	14994

If the person does not claim an exemption under division	14995
(A)(1) of this section, the total exemption claimed under division	14996
(A)(4)(b) of this section shall be added to the total exemption	14997
claimed under division (A)(4)(c) of this section, and the total	14998
shall not exceed two thousand dollars. If the person claims an	14999
exemption under division (A)(1) of this section, the total	15000
exemption claimed under division (A)(4)(b) of this section shall	15001
be added to the total exemption claimed under division (A)(4)(c)	15002
of this section, and the total shall not exceed one thousand five	15003
hundred dollars.	15004

(5) The person's interest, not to exceed an aggregate of	15005
seven hundred fifty dollars, in all implements, professional	15006
books, or tools of the person's profession, trade, or business,	15007
including agriculture;	15008

(6)(a) The person's interest in a beneficiary fund set	15009
apart, appropriated, or paid by a benevolent association or	15010
society, as exempted by section 2329.63 of the Revised Code;	15011

(b) The person's interest in contracts of life or endowment	15012
insurance or annuities, as exempted by section 3911.10 of the	15013
Revised Code;	15014

(c) The person's interest in a policy of group insurance or	15015
the proceeds of a policy of group insurance, as exempted by	15016
section 3917.05 of the Revised Code;	15017

(d) The person's interest in money, benefits, charity,	15018
relief, or aid to be paid, provided, or rendered by a fraternal	15019
benefit society, as exempted by section 3921.18 of the Revised	15020
Code;	15021

(e) The person's interest in the portion of benefits under	15022
policies of sickness and accident insurance and in ~~lump-sum~~ lump	15023
sum payments for dismemberment and other losses insured under	15024
those policies, as exempted by section 3923.19 of the Revised	15025
Code.	15026

(7) The person's professionally prescribed or medically	15027
necessary health aids;	15028

(8) The person's interest in a burial lot, including, but	15029
not limited to, exemptions under section 517.09 or 1721.07 of the	15030
Revised Code;	15031

(9) The person's interest in the following:

15032

(a) Moneys paid or payable for living maintenance or rights,	15033
as exempted by section 3304.19 of the Revised Code;	15034

(b) Workers' compensation, as exempted by section 4123.67 of	15035
the Revised Code;	15036

(c) Unemployment compensation benefits, as exempted by	15037
section 4141.32 of the Revised Code;	15038

(d) Cash assistance payments under the Ohio works first	15039
program, as exempted by section 5107.75 of the Revised Code;	15040

(e) Benefits and services under the prevention, retention,	15041
and contingency program, as exempted by section 5108.08 of the	15042
Revised Code;	15043

(f) Disability assistance payments, as exempted by section	15044
5115.07 of the Revised Code.	15045

(10)(a) Except in cases in which the person was convicted of	15046
or pleaded guilty to a violation of section 2921.41 of the Revised	15047
Code and in which an order for the withholding of restitution from	15048
payments was issued under division (C)(2)(b) of that section or in	15049
cases in which an order for withholding was issued under section	15050
2907.15 of the Revised Code, and only to the extent provided in	15051
the order, and except as provided in sections 3105.171, 3105.63,	15052
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	15053
Code, the person's right to a pension, benefit, annuity,	15054
retirement allowance, or accumulated contributions, the person's	15055
right to a participant account in any deferred compensation	15056
program offered by the Ohio public employees deferred compensation	15057
board, a government unit, or a municipal corporation, or the	15058
person's other accrued or accruing rights, as exempted by section	15059
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	15060
the Revised Code, and the person's right to benefits from the Ohio	15061
public safety officers death benefit fund;	15062

(b) Except as provided in sections 3119.80, 3119.81,	15063
3121.02, 3121.03, and 3123.06 of the Revised Code, the person's	15064
right to receive a payment under any pension, annuity, or similar	15065
plan or contract, not including a payment from a stock bonus or	15066
profit-sharing plan or a payment included in division (A)(6)(b) or	15067
(10)(a) of this section, on account of illness, disability, death,	15068
age, or length of service, to the extent reasonably necessary for	15069
the support of the person and any of the person's dependents,	15070
except if all the following apply:	15071

(i) The plan or contract was established by or under the	15072
auspices of an insider that employed the person at the time the	15073
person's rights under the plan or contract arose.	15074

(ii) The payment is on account of age or length of service.

15075

(iii) The plan or contract is not qualified under the	15076
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	15077
amended.	15078

(c) Except for any portion of the assets that were deposited	15079
for the purpose of evading the payment of any debt and except as	15080
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15081
3123.06 of the Revised Code, the person's right in the assets held	15082
in, or to receive any payment under, any individual retirement	15083
account, individual retirement annuity, "Roth IRA," or education	15084
individual retirement account that provides benefits by reason of	15085
illness, disability, death, or age, to the extent that the assets,	15086
payments, or benefits described in division (A)(10)(c) of this	15087
section are attributable to any of the following:	15088

(i) Contributions of the person that were less than or equal	15089
to the applicable limits on deductible contributions to an	15090
individual retirement account or individual retirement annuity in	15091
the year that the contributions were made, whether or not the	15092
person was eligible to deduct the contributions on the person's	15093
federal tax return for the year in which the contributions were	15094
made;	15095

(ii) Contributions of the person that were less than or	15096
equal to the applicable limits on contributions to a Roth IRA or	15097
education individual retirement account in the year that the	15098
contributions were made;	15099

(iii) Contributions of the person that are within the	15100
applicable limits on rollover contributions under subsections 219,	15101
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	15102
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	15103
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	15104

(d) Except for any portion of the assets that were deposited	15105
for the purpose of evading the payment of any debt and except as	15106
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15107
3123.06 of the Revised Code, the person's right in the assets held	15108
in, or to receive any payment under, any Keogh or "H.R. 10" plan	15109
that provides benefits by reason of illness, disability, death, or	15110
age, to the extent reasonably necessary for the support of the	15111
person and any of the person's dependents.	15112

(11) The person's right to receive spousal support, child	15113
support, an allowance, or other maintenance to the extent	15114
reasonably necessary for the support of the person and any of the	15115
person's dependents;	15116

(12) The person's right to receive, or moneys received	15117
during the preceding twelve calendar months from, any of the	15118
following:	15119

(a) An award of reparations under sections 2743.51 to	15120
2743.72 of the Revised Code, to the extent exempted by division	15121
(D) of section 2743.66 of the Revised Code;	15122

(b) A payment on account of the wrongful death of an	15123
individual of whom the person was a dependent on the date of the	15124
individual's death, to the extent reasonably necessary for the	15125
support of the person and any of the person's dependents;	15126

(c) Except in cases in which the person who receives the	15127
payment is an inmate, as defined in section 2969.21 of the Revised	15128
Code, and in which the payment resulted from a civil action or	15129
appeal against a government entity or employee, as defined in	15130
section 2969.21 of the Revised Code, a payment, not to exceed five	15131
thousand dollars, on account of personal bodily injury, not	15132
including pain and suffering or compensation for actual pecuniary	15133
loss, of the person or an individual for whom the person is a	15134
dependent;	15135

(d) A payment in compensation for loss of future earnings of	15136
the person or an individual of whom the person is or was a	15137
dependent, to the extent reasonably necessary for the support of	15138
the debtor and any of the debtor's dependents.	15139

(13) Except as provided in sections 3119.80, 3119.81,	15140
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	15141
earnings of the person owed to the person for services in an	15142
amount equal to the greater of the following amounts:	15143

(a) If paid weekly, thirty times the current federal minimum	15144
hourly wage; if paid biweekly, sixty times the current federal	15145
minimum hourly wage; if paid semimonthly, sixty-five times the	15146
current federal minimum hourly wage; or if paid monthly, one	15147
hundred thirty times the current federal minimum hourly wage that	15148
is in effect at the time the earnings are payable, as prescribed	15149
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	15150
U.S.C. 206(a)(1), as amended;	15151

(b) Seventy-five per cent of the disposable earnings owed to	15152
the person.	15153

(14) The person's right in specific partnership property, as	15154
exempted by division (B)(3) of section 1775.24 of the Revised	15155
Code;	15156

(15) A seal and official register of a notary public, as	15157
exempted by section 147.04 of the Revised Code;	15158

(16) The person's interest in a tuition credit or a payment	15159
under section 3334.09 of the Revised Code pursuant to a tuition	15160
credit contract, as exempted by section 3334.15 of the Revised	15161
Code;	15162

(17) Any other property that is specifically exempted from	15163
execution, attachment, garnishment, or sale by federal statutes	15164
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	15165
U.S.C.A. 101, as amended;	15166

(18) The person's interest, not to exceed four hundred	15167
dollars, in any property, except that division (A)(18) of this	15168
section applies only in bankruptcy proceedings.	15169

(B) As used in this section:

15170

(1) "Disposable earnings" means net earnings after the	15171
garnishee has made deductions required by law, excluding the	15172
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	15173
3121.03, or 3123.06 of the Revised Code.	15174

(2) "Insider" means:

15175

(a) If the person who claims an exemption is an individual,	15176
a relative of the individual, a relative of a general partner of	15177
the individual, a partnership in which the individual is a general	15178
partner, a general partner of the individual, or a corporation of	15179
which the individual is a director, officer, or in control;	15180

(b) If the person who claims an exemption is a corporation,	15181
a director or officer of the corporation; a person in control of	15182
the corporation; a partnership in which the corporation is a	15183
general partner; a general partner of the corporation; or a	15184
relative of a general partner, director, officer, or person in	15185
control of the corporation;	15186

(c) If the person who claims an exemption is a partnership,	15187
a general partner in the partnership; a general partner of the	15188
partnership; a person in control of the partnership; a partnership	15189
in which the partnership is a general partner; or a relative in, a	15190
general partner of, or a person in control of the partnership;	15191

(d) An entity or person to which or whom any of the	15192
following applies:	15193

(i) The entity directly or indirectly owns, controls, or	15194
holds with power to vote, twenty per cent or more of the	15195
outstanding voting securities of the person who claims an	15196
exemption, unless the entity holds the securities in a fiduciary	15197
or agency capacity without sole discretionary power to vote the	15198
securities or holds the securities solely to secure to debt and	15199
the entity has not in fact exercised the power to vote.	15200

(ii) The entity is a corporation, twenty per cent or more of	15201
whose outstanding voting securities are directly or indirectly	15202
owned, controlled, or held with power to vote, by the person who	15203
claims an exemption or by an entity to which division (B)(2)(d)(i)	15204
of this section applies.	15205

(iii) A person whose business is operated under a lease or	15206
operating agreement by the person who claims an exemption, or a	15207
person substantially all of whose business is operated under an	15208
operating agreement with the person who claims an exemption.	15209

(iv) The entity operates the business or all or	15210
substantially all of the property of the person who claims an	15211
exemption under a lease or operating agreement.	15212

(e) An insider, as otherwise defined in this section, of a	15213
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	15214
(iv) of this section applies, as if the person or entity were a	15215
person who claims an exemption;	15216

(f) A managing agent of the person who claims an exemption.

15217

(3) "Participant account" has the same meaning as in section	15218
148.01 of the Revised Code.	15219

(4) "Government unit" has the same meaning as in section	15220
148.06 of the Revised Code.	15221

(C) For purposes of this section, "interest" shall be	15222
determined as follows:	15223

(1) In bankruptcy proceedings, as of the date a petition is	15224
filed with the bankruptcy court commencing a case under Title 11	15225
of the United States Code;	15226

(2) In all cases other than bankruptcy proceedings, as of	15227
the date of an appraisal, if necessary under section 2329.68 of	15228
the Revised Code, or the issuance of a writ of execution.	15229

An interest, as determined under division (C)(1) or (2) of	15230
this section, shall not include the amount of any lien otherwise	15231
valid pursuant to section 2329.661 of the Revised Code.	15232

Sec. 2715.041. (A) Upon the filing of a motion for an order	15233
of attachment pursuant to section 2715.03 of the Revised Code, the	15234
plaintiff shall file with the clerk of the court a praecipe	15235
instructing the clerk to issue to the defendant against whom the	15236
motion was filed a notice of the proceeding. Upon receipt of the	15237
praecipe, the clerk shall issue the notice which shall be in	15238
substantially the following form:	15239

	"(Name and Address of Court)		15240
	e No...................		15241

(Case Caption)

15242

NOTICE

15243

You are hereby notified that (name and address of plaintiff),	15244
the plaintiff in this proceeding, has applied to this court for	15245
the attachment of property in your possession. The basis for this	15246
application is indicated in the documents that are enclosed with	15247
this notice.	15248

The law of Ohio and the United States provides that certain	15249
benefit payments cannot be taken from you to pay a debt. Typical	15250
among the benefits that cannot be attached or executed on by a	15251
creditor are:	15252

(1) Workers' compensation benefits;

15253

(2) Unemployment compensation payments;

15254

(3) Cash assistance payments under the Ohio works first	15255
program;	15256

(4) Benefits and services under the prevention, retention,	15257
and contingency program;	15258

(5) Disability assistance administered by the Ohio department	15259
of job and family services;	15260

~~(5)~~(6) Social security benefits;

15261

~~(6)~~(7) Supplemental security income (S.S.I.);

15262

~~(7)~~(8) Veteran's benefits;

15263

~~(8)~~(9) Black lung benefits;

15264

~~(9)~~(10) Certain pensions.

15265

Additionally, your wages never can be taken to pay a debt	15266
until a judgment has been obtained against you. There may be	15267
other benefits not included in this list that apply in your case.	15268

If you dispute the plaintiff's claim and believe that you are	15269
entitled to retain possession of the property because it is exempt	15270
or for any other reason, you may request a hearing before this	15271
court by disputing the claim in the request for hearing form	15272
appearing below, or in a substantially similar form, and	15273
delivering the request for the hearing to this court, at the	15274
office of the clerk of this court, not later than the end of the	15275
fifth business day after you receive this notice. You may state	15276
your reasons for disputing the claim in the space provided on the	15277
form, but you are not required to do so. If you do state your	15278
reasons for disputing the claim in the space provided on the form,	15279
you are not prohibited from stating any other reasons at the	15280
hearing, and if you do not state your reasons, it will not be held	15281
against you by the court and you can state your reasons at the	15282
hearing.	15283

If you request a hearing, it will be conducted in	15284
................... courtroom ........, (address of court), at	15285
.............m. on ............., .....	15286

You may avoid having a hearing but retain possession of the	15287
property until the entry of final judgment in the action by filing	15288
with the court, at the office of the clerk of this court, not	15289
later than the end of the fifth business day after you receive	15290
this notice, a bond executed by an acceptable surety in the amount	15291
of $............	15292

If you do not request a hearing or file a bond on or before	15293
the end of the fifth business day after you receive this notice,	15294
the court, without further notice to you, may order a law	15295
enforcement officer or bailiff to take possession of the property.	15296
Notice of the dates, times, places, and purposes of any subsequent	15297
hearings and of the date, time, and place of the trial of the	15298
action will be sent to you.	15299

	..................................		15300
	Clerk of Court		15301
	Date:........................"		15302

(B) Along with the notice required by division (A) of this	15303
section, the clerk of the court also shall deliver to the	15304
defendant, in accordance with division (C) of this section, a	15305
request for hearing form together with a postage-paid,	15306
self-addressed envelope or a request for hearing form on a	15307
postage-paid, self-addressed postcard. The request for hearing	15308
shall be in substantially the following form:	15309

"(Name and Address of Court)

15310

Case Number ....................

Date .......................

15311

REQUEST FOR HEARING

15312

I dispute the claim for the attachment of property in the	15313
above case and request that a hearing in this matter be held at	15314
the time and place set forth in the notice that I previously	15315
received.	15316

I dispute the claim for the following reasons:

15317

................................................................

15318

(Optional)

15319

................................................................

15320

................................................................

15321

	.............................		15322
	(Name of Defendant)		15323
	............................		15324
	(Signature)		15325
	............................		15326
	(Date)		15327

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15328
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15329
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15330
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	15331
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	15332

(C) The notice required by division (A) of this section	15333
shall be served on the defendant in duplicate not less than seven	15334
business days prior to the date on which the hearing is scheduled,	15335
together with a copy of the complaint and summons, if not	15336
previously served, and a copy of the motion for the attachment of	15337
property and the affidavit attached to the motion, in the same	15338
manner as provided in the Rules of Civil Procedure for the service	15339
of process. Service may be effected by publication as provided in	15340
the Rules of Civil Procedure except that the number of weeks for	15341
publication may be reduced by the court to the extent appropriate.	15342

Sec. 2715.045. (A) Upon the filing of a motion for	15343
attachment, a court may issue an order of attachment without	15344
issuing notice to the defendant against whom the motion was filed	15345
and without conducting a hearing if the court finds that there is	15346
probable cause to support the motion and that the plaintiff that	15347
filed the motion for attachment will suffer irreparable injury if	15348
the order is delayed until the defendant against whom the motion	15349
has been filed has been given the opportunity for a hearing. The	15350
court's findings shall be based upon the motion and affidavit	15351
filed pursuant to section 2715.03 of the Revised Code and any	15352
other relevant evidence that it may wish to consider.	15353

(B) A finding by the court that the plaintiff will suffer	15354
irreparable injury may be made only if the court finds the	15355
existence of either of the following circumstances:	15356

(1) There is present danger that the property will be	15357
immediately disposed of, concealed, or placed beyond the	15358
jurisdiction of the court.	15359

(2) The value of the property will be impaired substantially	15360
if the issuance of an order of attachment is delayed.	15361

(C)(1) Upon the issuance by a court of an order of	15362
attachment without notice and hearing pursuant to this section,	15363
the plaintiff shall file the order with the clerk of the court,	15364
together with a praecipe instructing the clerk to issue to the	15365
defendant against whom the order was issued a copy of the motion,	15366
affidavit, and order of attachment, and a notice that an order of	15367
attachment was issued and that the defendant has a right to a	15368
hearing on the matter. The clerk then immediately shall serve	15369
upon the defendant, in the manner provided by the Rules of Civil	15370
Procedure for service of process, a copy of the complaint and	15371
summons, if not previously served, a copy of the motion,	15372
affidavit, and order of attachment, and the following notice:	15373

"(Name and Address of the Court)

15374

(Case Caption)

Case No. ........................

15375

NOTICE

15376

You are hereby notified that this court has issued an order	15377
in the above case in favor of (name and address of plaintiff), the	15378
plaintiff in this proceeding, directing that property now in your	15379
possession, be taken from you. This order was issued on the basis	15380
of the plaintiff's claim against you as indicated in the documents	15381
that are enclosed with this notice.	15382

The law of Ohio and the United States provides that certain	15383
benefit payments cannot be taken from you to pay a debt. Typical	15384
among the benefits that cannot be attached or executed on by a	15385
creditor are:	15386

(1) Workers' compensation benefits;

15387

(2) Unemployment compensation payments;

15388

(3) Cash assistance payments under the Ohio works first	15389
program;	15390

(4) Benefits and services under the prevention, retention,	15391
and contingency program;	15392

(5) Disability assistance administered by the Ohio	15393
department of job and family services;	15394

~~(5)~~(6) Social security benefits;

15395

~~(6)~~(7) Supplemental security income (S.S.I.);

15396

~~(7)~~(8) Veteran's benefits;

15397

~~(8)~~(9) Black lung benefits;

15398

~~(9)~~(10) Certain pensions.

15399

Additionally, your wages never can be taken to pay a debt	15400
until a judgment has been obtained against you. There may be	15401
other benefits not included in this list that apply in your case.	15402

If you dispute the plaintiff's claim and believe that you are	15403
entitled to possession of the property because it is exempt or for	15404
any other reason, you may request a hearing before this court by	15405
disputing the claim in the request for hearing form, appearing	15406
below, or in a substantially similar form, and delivering the	15407
request for hearing to this court at the above address, at the	15408
office of the clerk of this court, no later than the end of the	15409
fifth business day after you receive this notice. You may state	15410
your reasons for disputing the claim in the space provided on the	15411
form; however, you are not required to do so. If you do state	15412
your reasons for disputing the claim, you are not prohibited from	15413
stating any other reasons at the hearing, and if you do not state	15414
your reasons, it will not be held against you by the court and you	15415
can state your reasons at the hearing. If you request a hearing,	15416
it will be held within three business days after delivery of your	15417
request for hearing and notice of the date, time, and place of the	15418
hearing will be sent to you.	15419

You may avoid a hearing but recover and retain possession of	15420
the property until the entry of final judgment in the action by	15421
filing with the court, at the office of the clerk of this court,	15422
not later than the end of the fifth business day after you receive	15423
this notice, a bond executed by an acceptable surety in the amount	15424
of $.........	15425

If you do not request a hearing or file a bond before the end	15426
of the fifth business day after you receive this notice,	15427
possession of the property will be withheld from you during the	15428
pendency of the action. Notice of the dates, times, places, and	15429
purposes of any subsequent hearings and of the date, time, and	15430
place of the trial of the action will be sent to you.	15431

	..............................		15432
	Clerk of the Court		15433
	..............................		15434
	Date"		15435

(2) Along with the notice required by division (C)(1) of	15436
this section, the clerk of the court also shall deliver to the	15437
defendant a request for hearing form together with a postage-paid,	15438
self-addressed envelope or a request for hearing form on a	15439
postage-paid, self-addressed postcard. The request for hearing	15440
shall be in substantially the following form:	15441

"(Name and Address of Court)

15442

Case Number .....................

Date ........................

15443

REQUEST FOR HEARING

15444

I dispute the claim for possession of property in the above	15445
case and request that a hearing in this matter be held within	15446
three business days after delivery of this request to the court.	15447

I dispute the claim for the following reasons:

15448

..................................................................

15449

(Optional)

15450

..................................................................

15451

..................................................................

15452

	..............................		15453
	(Name of Defendant)		15454
	..............................		15455
	(Signature)		15456
	..............................		15457
	(Date)		15458

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15459
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15460
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15461
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	15462
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	15463

(D) The defendant may receive a hearing in accordance with	15464
section 2715.043 of the Revised Code by delivering a written	15465
request for hearing to the court within five business days after	15466
receipt of the notice provided pursuant to division (C) of this	15467
section. The request may set forth the defendant's reasons for	15468
disputing the plaintiff's claim for possession of property.	15469
However, neither the defendant's inclusion of nor failure to	15470
include such reasons upon the request constitutes a waiver of any	15471
defense of the defendant or affects the defendant's right to	15472
produce evidence at any hearing or at the trial of the action. If	15473
the request is made by the defendant, the court shall schedule a	15474
hearing within three business days after the request is made, send	15475
notice to the parties of the date, time, and place of the hearing,	15476
and hold the hearing accordingly.	15477

(E) If, after hearing, the court finds that there is not	15478
probable cause to support the motion, it shall order that the	15479
property be redelivered to the defendant without the condition of	15480
bond.	15481

Sec. 2716.13. (A) Upon the filing of a proceeding in	15482
garnishment of property, other than personal earnings, under	15483
section 2716.11 of the Revised Code, the court shall cause the	15484
matter to be set for hearing within twelve days after that filing.	15485

(B) Upon the scheduling of a hearing relative to a	15486
proceeding in garnishment of property, other than personal	15487
earnings, under division (A) of this section, the clerk of the	15488
court immediately shall issue to the garnishee three copies of the	15489
order of garnishment of property, other than personal earnings,	15490
and of a written notice that the garnishee answer as provided in	15491
section 2716.21 of the Revised Code and the garnishee's fee	15492
required by section 2716.12 of the Revised Code. The copies of	15493
the order and of the notice shall be served upon the garnishee in	15494
the same manner as a summons is served. The copies of the order	15495
and of the notice shall not be served later than seven days prior	15496
to the date on which the hearing is scheduled. The order shall	15497
bind the property, other than personal earnings, of the judgment	15498
debtor in the possession of the garnishee at the time of service.	15499

The order of garnishment of property, other than personal	15500
earnings, and notice to answer shall be in substantially the	15501
following form:	15502

"ORDER AND NOTICE OF GARNISHMENT

15503

OF PROPERTY OTHER THAN PERSONAL EARNINGS

15504

AND ANSWER OF GARNISHEE

15505

	Docket No. ...................		15506
	Case No. .....................		15507
	In the ................. Court		15508
	........................, Ohio		15509

The State of Ohio

15510

County of ............, ss

15511

..................., Judgment Creditor

15512

vs.

15513

..................., Judgment Debtor

15514

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

15515

To: ...................., Garnishee

15516

The judgment creditor in the above case has filed an	15517
affidavit, satisfactory to the undersigned, in this Court stating	15518
that you have money, property, or credits, other than personal	15519
earnings, in your hands or under your control that belong to the	15520
judgment debtor, and that some of the money, property, or credits	15521
may not be exempt from garnishment under the laws of the State of	15522
Ohio or the laws of the United States.	15523

You are therefore ordered to complete the "ANSWER OF	15524
GARNISHEE" in section (B) of this form. Return one completed and	15525
signed copy of this form to the clerk of this court together with	15526
the amount determined in accordance with the "ANSWER OF GARNISHEE"	15527
by the following date on which a hearing is tentatively scheduled	15528
relative to this order of garnishment: ............ Deliver one	15529
completed and signed copy of this form to the judgment debtor	15530
prior to that date. Keep the other completed and signed copy of	15531
this form for your files.	15532

The total probable amount now due on this judgment is	15533
$.......... The total probable amount now due includes the unpaid	15534
portion of the judgment in favor of the judgment creditor, which	15535
is $..........; interest on that judgment and, if applicable,	15536
prejudgment interest relative to that judgment at the rate of	15537
.....% per annum payable until that judgment is satisfied in full;	15538
and court costs in the amount of $...........	15539

You also are ordered to hold safely anything of value that	15540
belongs to the judgment debtor and that has to be paid to the	15541
court, as determined under the "ANSWER OF GARNISHEE" in section	15542
(B) of this form, but that is of such a nature that it cannot be	15543
so delivered, until further order of the court.	15544

Witness my hand and the seal of this court this ..........	15545
day of .........., ..........	15546

	.........................		15547
	Judge		15548

SECTION B. ANSWER OF GARNISHEE

15549

Now comes .................... the garnishee, who says:

15550

1. That the garnishee has money, property, or credits, other	15551
than personal earnings, of the judgment debtor under the	15552
garnishee's control and in the garnishee's possession.	15553

...............	...............	...................		15554
yes	no	if yes, amount		15555

2. That property is described as:

15556

3. If the answer to line 1 is "yes" and the amount is less	15557
than the probable amount now due on the judgment, as indicated in	15558
section (A) of this form, sign and return this form and pay the	15559
amount of line 1 to the clerk of this court.	15560

4. If the answer to line 1 is "yes" and the amount is	15561
greater than that probable amount now due on the judgment, as	15562
indicated in section (A) of this form, sign and return this form	15563
and pay that probable amount now due to the clerk of this court.	15564

5. If the answer to line 1 is "yes" but the money, property,	15565
or credits are of such a nature that they cannot be delivered to	15566
the clerk of the court, indicate that by placing an "X" in this	15567
space: ...... Do not dispose of that money, property, or credits	15568
or give them to anyone else until further order of the court.	15569

6. If the answer to line 1 is "no," sign and return this	15570
form to the clerk of this court.	15571

I certify that the statements above are true.	15572

	..............................		15573
	(Print Name of Garnishee)		15574
	..............................		15575
	(Print Name and Title of		15576
	Person Who Completed Form)		15577

Signed........................................................

15578

(Signature of Person Completing Form)

15579

Dated this .......... day of .........., ....."

15580

Section A of the form described in this division shall be	15581
completed before service. Section B of the form shall be	15582
completed by the garnishee, and the garnishee shall file one	15583
completed and signed copy of the form with the clerk of the court	15584
as the garnishee's answer. The garnishee may keep one completed	15585
and signed copy of the form and shall deliver the other completed	15586
and signed copy of the form to the judgment debtor.	15587

If several affidavits seeking orders of garnishment of	15588
property, other than personal earnings, are filed against the same	15589
judgment debtor in accordance with section 2716.11 of the Revised	15590
Code, the court involved shall issue the requested orders in the	15591
same order in which the clerk received the associated affidavits.	15592

(C)(1) At the time of the filing of a proceeding in	15593
garnishment of property, other than personal earnings, under	15594
section 2716.11 of the Revised Code, the judgment creditor also	15595
shall file with the clerk of the court a praecipe instructing the	15596
clerk to issue to the judgment debtor a notice to the judgment	15597
debtor form and a request for hearing form. Upon receipt of the	15598
praecipe and the scheduling of a hearing relative to an action in	15599
garnishment of property, other than personal earnings, under	15600
division (A) of this section, the clerk of the court immediately	15601
shall serve upon the judgment debtor, in accordance with division	15602
(D) of this section, two copies of the notice to the judgment	15603
debtor form and of the request for hearing form. The copies of	15604
the notice to the judgment debtor form and of the request for	15605
hearing form shall not be served later than seven days prior to	15606
the date on which the hearing is scheduled.	15607

(a) The notice to the judgment debtor that must be served	15608
upon the judgment debtor shall be in substantially the following	15609
form:	15610

"(Name and Address of the Court)

15611

(Case Caption) ......................... Case No. .............

15612

NOTICE TO THE JUDGMENT DEBTOR

15613

You are hereby notified that this court has issued an order	15614
in the above case in favor of (name and address of judgment	15615
creditor), the judgment creditor in this proceeding, directing	15616
that some of your money, property, or credits, other than personal	15617
earnings, now in the possession of (name and address of	15618
garnishee), the garnishee in this proceeding, be used to satisfy	15619
your debt to the judgment creditor. This order was issued on the	15620
basis of the judgment creditor's judgment against you that was	15621
obtained in (name of court) in (case number) on (date). Upon your	15622
receipt of this notice, you are prohibited from removing or	15623
attempting to remove the money, property, or credits until	15624
expressly permitted by the court. Any violation of this	15625
prohibition subjects you to punishment for contempt of court.	15626

The law of Ohio and the United States provides that certain	15627
benefit payments cannot be taken from you to pay a debt. Typical	15628
among the benefits that cannot be attached or executed upon by a	15629
creditor are the following:	15630

(1) Workers' compensation benefits;

15631

(2) Unemployment compensation payments;

15632

(3) Cash assistance payments under the Ohio works first	15633
program;	15634

(4) Benefits and services under the prevention, retention,	15635
and contingency program;	15636

(5) Disability assistance administered by the Ohio department	15637
of job and family services;	15638

~~(5)~~(6) Social security benefits;

15639

~~(6)~~(7) Supplemental security income (S.S.I.);

15640

~~(7)~~(8) Veteran's benefits;

15641

~~(8)~~(9) Black lung benefits;

15642

~~(9)~~(10) Certain pensions.

15643

There may be other benefits not included in the above list	15644
that apply in your case.	15645

If you dispute the judgment creditor's right to garnish your	15646
property and believe that the judgment creditor should not be	15647
given your money, property, or credits, other than personal	15648
earnings, now in the possession of the garnishee because they are	15649
exempt or if you feel that this order is improper for any other	15650
reason, you may request a hearing before this court by disputing	15651
the claim in the request for hearing form, appearing below, or in	15652
a substantially similar form, and delivering the request for	15653
hearing to this court at the above address, at the office of the	15654
clerk of this court no later than the end of the fifth business	15655
day after you receive this notice. You may state your reasons for	15656
disputing the judgment creditor's right to garnish your property	15657
in the space provided on the form; however, you are not required	15658
to do so. If you do state your reasons for disputing the judgment	15659
creditor's right, you are not prohibited from stating any other	15660
reason at the hearing. If you do not state your reasons, it will	15661
not be held against you by the court, and you can state your	15662
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	15663
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	15664
the hearing will be limited to a consideration of the amount of	15665
your money, property, or credits, other than personal earnings, in	15666
the possession or control of the garnishee, if any, that can be	15667
used to satisfy all or part of the judgment you owe to the	15668
judgment creditor.	15669

If you request a hearing by delivering your request for	15670
hearing no later than the end of the fifth business day after you	15671
receive this notice, it will be conducted in .......... courtroom	15672
.........., (address of court), at ..... m. on ..........,	15673
.......... You may request the court to conduct the hearing	15674
before this date by indicating your request in the space provided	15675
on the form; the court then will send you notice of any change in	15676
the date, time, or place of the hearing. If you do not request a	15677
hearing by delivering your request for a hearing no later than the	15678
end of the fifth business day after you receive this notice, some	15679
of your money, property, or credits, other than personal earnings,	15680
will be paid to the judgment creditor.	15681

If you have any questions concerning this matter, you may	15682
contact the office of the clerk of this court. If you want legal	15683
representation, you should contact your lawyer immediately. If	15684
you need the name of a lawyer, contact the local bar association.	15685

	..............................		15686
	Clerk of the Court		15687
	..............................		15688
	Date"		15689

(b) The request for hearing form that must be served upon	15690
the judgment debtor shall have attached to it a postage-paid,	15691
self-addressed envelope or shall be on a postage-paid	15692
self-addressed postcard, and shall be in substantially the	15693
following form:	15694

"(Name and Address of Court)

15695

Case Number ........................... Date	15696
....................	15697

REQUEST FOR HEARING

15698

I dispute the judgment creditor's right to garnish my money,	15699
property, or credits, other than personal earnings, in the above	15700
case and request that a hearing in this matter be held	15701

..................................................................

15702

(Insert "on" or "earlier than")

15703

the date and time set forth in the document entitled "NOTICE TO	15704
THE JUDGMENT DEBTOR" that I received with this request form.	15705

I dispute the judgment creditor's right to garnish my	15706
property for the following reasons:	15707

..................................................................

15708

(Optional)

15709

..................................................................

15710

..................................................................

15711

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	15712
BE HEARD OR CONSIDERED AT THE HEARING.	15713

	..............................		15714
	(Name of Judgment Debtor)		15715
	..............................		15716
	(Signature)		15717
	..............................		15718
	(Date)		15719

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15720
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15721
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15722
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	15723
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	15724
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	15725
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	15726
CREDITOR'S NAME)."	15727

(2) The judgment debtor may receive a hearing in accordance	15728
with this division by delivering a written request for hearing to	15729
the court within five business days after receipt of the notice	15730
provided pursuant to division (C)(1) of this section. The request	15731
may set forth the judgment debtor's reasons for disputing the	15732
judgment creditor's right to garnish the money, property, or	15733
credits, other than personal earnings; however, neither the	15734
judgment debtor's inclusion of nor failure to include those	15735
reasons upon the request constitutes a waiver of any defense of	15736
the judgment debtor or affects the judgment debtor's right to	15737
produce evidence at the hearing. If the request is made by the	15738
judgment debtor within the prescribed time, the hearing shall be	15739
limited to a consideration of the amount of money, property, or	15740
credits, other than personal earnings, of the judgment debtor in	15741
the hands of the garnishee, if any, that can be used to satisfy	15742
all or part of the debt owed by the judgment debtor to the	15743
judgment creditor. If a request for a hearing is not received by	15744
the court within the prescribed time, the hearing scheduled	15745
pursuant to division (A) of this section shall be canceled unless	15746
the court grants the judgment debtor a continuance in accordance	15747
with division (C)(3) of this section.	15748

(3) If the judgment debtor does not request a hearing in the	15749
action within the prescribed time pursuant to division (C)(2) of	15750
this section, the court nevertheless may grant a continuance of	15751
the scheduled hearing if the judgment debtor, prior to the time at	15752
which the hearing was scheduled, as indicated on the notice to the	15753
judgment debtor required by division (C)(1) of this section,	15754
establishes a reasonable justification for failure to request the	15755
hearing within the prescribed time. If the court grants a	15756
continuance of the hearing, it shall cause the matter to be set	15757
for hearing as soon as practicable thereafter. The continued	15758
hearing shall be conducted in accordance with division (C)(2) of	15759
this section.	15760

(4) The court may conduct the hearing on the matter prior to	15761
the time at which the hearing was scheduled, as indicated on the	15762
notice to the judgment debtor required by division (C)(1) of this	15763
section, upon the request of the judgment debtor. The parties	15764
shall be sent notice, by the clerk of the court, by regular mail,	15765
of any change in the date, time, or place of the hearing.	15766

(5) If the scheduled hearing is canceled and no continuance	15767
is granted, the court shall issue an order to the garnishee to pay	15768
all or some of the money, property, or credits, other than	15769
personal earnings, of the judgment debtor in the possession of the	15770
garnishee at the time of service of the notice and order into	15771
court if they have not already been paid to the court. This order	15772
shall be based on the answer of the garnishee filed pursuant to	15773
this section. If the scheduled hearing is conducted or if it is	15774
continued and conducted, the court shall determine at the hearing	15775
the amount of the money, property, or credits, other than personal	15776
earnings, of the judgment debtor in the possession of the	15777
garnishee at the time of service of the notice and order, if any,	15778
that can be used to satisfy all or part of the debt owed by the	15779
judgment debtor to the judgment creditor, and issue an order,	15780
accordingly, to the garnishee to pay that amount into court if it	15781
has not already been paid to the court.	15782

(D) The notice to the judgment debtor form and the request	15783
for hearing form described in division (C) of this section shall	15784
be sent by the clerk by ordinary or regular mail service unless	15785
the judgment creditor requests that service be made in accordance	15786
with the Rules of Civil Procedure, in which case the forms shall	15787
be served in accordance with the Rules of Civil Procedure. Any	15788
court of common pleas that issues an order of garnishment of	15789
property, other than personal earnings, under this section has	15790
jurisdiction to serve process pursuant to this section upon a	15791
garnishee who does not reside within the jurisdiction of the	15792
court. Any county court or municipal court that issues an order	15793
of garnishment of property, other than personal earnings, under	15794
this section has jurisdiction to serve process pursuant to this	15795
section upon a garnishee who does not reside within the	15796
jurisdiction of the court.	15797

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	15798
violation of section 2919.27 of the Revised Code or of a municipal	15799
ordinance that is substantially similar to that section, the court	15800
may order an evaluation of the mental condition of the defendant	15801
if the court determines that either of the following criteria	15802
apply:	15803

(i) If the alleged violation is a violation of a protection	15804
order issued or consent agreement approved pursuant to section	15805
2919.26 or 3113.31 of the Revised Code, that the violation	15806
allegedly involves conduct by the defendant that caused physical	15807
harm to the person or property of a family or household member	15808
covered by the order or agreement, or conduct by the defendant	15809
that caused a family or household member to believe that the	15810
defendant would cause physical harm to that member or that	15811
member's property.	15812

(ii) If the alleged violation is a violation of a protection	15813
order issued pursuant to section 2903.213 or 2903.214 of the	15814
Revised Code or a protection order issued by a court of another	15815
state, that the violation allegedly involves conduct by the	15816
defendant that caused physical harm to the person or property of	15817
the person covered by the order, or conduct by the defendant that	15818
caused the person covered by the order to believe that the	15819
defendant would cause physical harm to that person or that	15820
person's property.	15821

(b) If a defendant is charged with a violation of section	15822
2903.211 of the Revised Code or of a municipal ordinance that is	15823
substantially similar to that section, the court may order an	15824
evaluation of the mental condition of the defendant.	15825

(2) An evaluation ordered under division (A)(1) of this	15826
section shall be completed no later than thirty days from the date	15827
the order is entered pursuant to that division. In that order,	15828
the court shall do either of the following:	15829

(a) Order that the evaluation of the mental condition of the	15830
defendant be preceded by an examination conducted either by a	15831
forensic center that is designated by the department of mental	15832
health to conduct examinations and make evaluations of defendants	15833
charged with violations of section 2903.211 or 2919.27 of the	15834
Revised Code or of substantially similar municipal ordinances in	15835
the area in which the court is located, or by any other program or	15836
facility that is designated by the department of mental health or	15837
the department of mental retardation and developmental	15838
disabilities to conduct examinations and make evaluations of	15839
defendants charged with violations of section 2903.211 or 2919.27	15840
of the Revised Code or of substantially similar municipal	15841
ordinances, and that is operated by either department or is	15842
certified by either department as being in compliance with the	15843
standards established under division ~~(J)~~(I) of section 5119.01 of	15844
the Revised Code or division (C) of section 5123.04 of the Revised	15845
Code.	15846

(b) Designate a center, program, or facility other than one	15847
designated by the department of mental health or the department of	15848
mental retardation and developmental disabilities, as described in	15849
division (A)(2)(a) of this section, to conduct the evaluation and	15850
preceding examination of the mental condition of the defendant.	15851

Whether the court acts pursuant to division (A)(2)(a) or (b)	15852
of this section, the court may designate examiners other than the	15853
personnel of the center, program, facility, or department involved	15854
to make the evaluation and preceding examination of the mental	15855
condition of the defendant.	15856

(B) If the court considers that additional evaluations of	15857
the mental condition of a defendant are necessary following the	15858
evaluation authorized by division (A) of this section, the court	15859
may order up to two additional similar evaluations. These	15860
evaluations shall be completed no later than thirty days from the	15861
date the applicable court order is entered. If more than one	15862
evaluation of the mental condition of the defendant is ordered	15863
under this division, the prosecutor and the defendant may	15864
recommend to the court an examiner whom each prefers to perform	15865
one of the evaluations and preceding examinations.	15866

(C)(1) The court may order a defendant who has been released	15867
on bail to submit to an examination under division (A) or (B) of	15868
this section. The examination shall be conducted either at the	15869
detention facility in which the defendant would have been confined	15870
if the defendant had not been released on bail, or, if so	15871
specified by the center, program, facility, or examiners involved,	15872
at the premises of the center, program, or facility. Additionally,	15873
the examination shall be conducted at the times established by the	15874
examiners involved. If such a defendant refuses to submit to an	15875
examination or a complete examination as required by the court or	15876
the center, program, facility, or examiners involved, the court	15877
may amend the conditions of the bail of the defendant and order	15878
the sheriff to take the defendant into custody and deliver the	15879
defendant to the detention facility in which the defendant would	15880
have been confined if the defendant had not been released on bail,	15881
or, if so specified by the center, program, facility, or examiners	15882
involved, to the premises of the center, program, or facility, for	15883
purposes of the examination.	15884

(2) A defendant who has not been released on bail shall be	15885
examined at the detention facility in which the defendant is	15886
confined or, if so specified by the center, program, facility, or	15887
examiners involved, at the premises of the center, program, or	15888
facility.	15889

(D) The examiner of the mental condition of a defendant	15890
under division (A) or (B) of this section shall file a written	15891
report with the court within thirty days after the entry of an	15892
order for the evaluation of the mental condition of the defendant.	15893
The report shall contain the findings of the examiner; the facts	15894
in reasonable detail on which the findings are based; the opinion	15895
of the examiner as to the mental condition of the defendant; the	15896
opinion of the examiner as to whether the defendant represents a	15897
substantial risk of physical harm to other persons as manifested	15898
by evidence of recent homicidal or other violent behavior,	15899
evidence of recent threats that placed other persons in reasonable	15900
fear of violent behavior and serious physical harm, or evidence of	15901
present dangerousness; and the opinion of the examiner as to the	15902
types of treatment or counseling that the defendant needs. The	15903
court shall provide copies of the report to the prosecutor and	15904
defense counsel.	15905

(E) The costs of any evaluation and preceding examination of	15906
a defendant that is ordered pursuant to division (A) or (B) of	15907
this section shall be taxed as court costs in the criminal case.	15908

(F) If the examiner considers it necessary in order to make	15909
an accurate evaluation of the mental condition of a defendant, an	15910
examiner under division (A) or (B) of this section may request any	15911
family or household member of the defendant to provide the	15912
examiner with information. A family or household member may, but	15913
is not required to, provide information to the examiner upon	15914
receipt of the request.	15915

(G) As used in this section:

15916

(1) "Bail" includes a recognizance.

15917

(2) "Examiner" means a psychiatrist, a licensed independent	15918
social worker who is employed by a forensic center that is	15919
certified as being in compliance with the standards established	15920
under division ~~(J)~~(I) of section 5119.01 or division (C) of	15921
section 5123.04 of the Revised Code, a licensed professional	15922
clinical counselor who is employed at a forensic center that is	15923
certified as being in compliance with such standards, or a	15924
licensed clinical psychologist, except that in order to be an	15925
examiner, a licensed clinical psychologist shall meet the criteria	15926
of division (I)(1) of section 5122.01 of the Revised Code or be	15927
employed to conduct examinations by the department of mental	15928
health or by a forensic center certified as being in compliance	15929
with the standards established under division ~~(J)~~(I) of section	15930
5119.01 or division (C) of section 5123.04 of the Revised Code	15931
that is designated by the department of mental health.	15932

(3) "Family or household member" has the same meaning as in	15933
section 2919.25 of the Revised Code.	15934

(4) "Prosecutor" has the same meaning as in section 2935.01	15935
of the Revised Code.	15936

(5) "Psychiatrist" and "licensed clinical psychologist" have	15937
the same meanings as in section 5122.01 of the Revised Code.	15938

(6) "Protection order issued by a court of another state"	15939
has the same meaning as in section 2919.27 of the Revised Code.	15940

Sec. 2921.13. (A) No person shall knowingly make a false	15941
statement, or knowingly swear or affirm the truth of a false	15942
statement previously made, when any of the following applies:	15943

(1) The statement is made in any official proceeding.

15944

(2) The statement is made with purpose to incriminate	15945
another.	15946

(3) The statement is made with purpose to mislead a public	15947
official in performing the public official's official function.	15948

(4) The statement is made with purpose to secure the payment	15949
of unemployment compensation; Ohio works first; prevention,	15950
retention, and contingency ~~assistance~~ benefits and services;	15951
disability assistance; retirement benefits; economic development	15952
assistance, as defined in section 9.66 of the Revised Code; or	15953
other benefits administered by a governmental agency or paid out	15954
of a public treasury.	15955

(5) The statement is made with purpose to secure the	15956
issuance by a governmental agency of a license, permit,	15957
authorization, certificate, registration, release, or provider	15958
agreement.	15959

(6) The statement is sworn or affirmed before a notary	15960
public or another person empowered to administer oaths.	15961

(7) The statement is in writing on or in connection with a	15962
report or return that is required or authorized by law.	15963

(8) The statement is in writing and is made with purpose to	15964
induce another to extend credit to or employ the offender, to	15965
confer any degree, diploma, certificate of attainment, award of	15966
excellence, or honor on the offender, or to extend to or bestow	15967
upon the offender any other valuable benefit or distinction, when	15968
the person to whom the statement is directed relies upon it to	15969
that person's detriment.	15970

(9) The statement is made with purpose to commit or	15971
facilitate the commission of a theft offense.	15972

(10) The statement is knowingly made to a probate court in	15973
connection with any action, proceeding, or other matter within its	15974
jurisdiction, either orally or in a written document, including,	15975
but not limited to, an application, petition, complaint, or other	15976
pleading, or an inventory, account, or report.	15977

(11) The statement is made on an account, form, record,	15978
stamp, label, or other writing that is required by law.	15979

(12) The statement is made in connection with the purchase	15980
of a firearm, as defined in section 2923.11 of the Revised Code,	15981
and in conjunction with the furnishing to the seller of the	15982
firearm of a fictitious or altered driver's or commercial driver's	15983
license or permit, a fictitious or altered identification card, or	15984
any other document that contains false information about the	15985
purchaser's identity.	15986

(13) The statement is made in a document or instrument of	15987
writing that purports to be a judgment, lien, or claim of	15988
indebtedness and is filed or recorded with the secretary of state,	15989
a county recorder, or the clerk of a court of record.	15990

(B) No person, in connection with the purchase of a firearm,	15991
as defined in section 2923.11 of the Revised Code, shall knowingly	15992
furnish to the seller of the firearm a fictitious or altered	15993
driver's or commercial driver's license or permit, a fictitious or	15994
altered identification card, or any other document that contains	15995
false information about the purchaser's identity.	15996

(C) It is no defense to a charge under division (A)(4) of	15997
this section that the oath or affirmation was administered or	15998
taken in an irregular manner.	15999

(D) If contradictory statements relating to the same fact	16000
are made by the offender within the period of the statute of	16001
limitations for falsification, it is not necessary for the	16002
prosecution to prove which statement was false but only that one	16003
or the other was false.	16004

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	16005
(6), (7), (8), (10), (11), or (13) of this section is guilty of	16006
falsification, a misdemeanor of the first degree.	16007

(2) Whoever violates division (A)(9) of this section is	16008
guilty of falsification in a theft offense. Except as otherwise	16009
provided in this division, falsification in a theft offense is a	16010
misdemeanor of the first degree. If the value of the property or	16011
services stolen is five hundred dollars or more and is less than	16012
five thousand dollars, falsification in a theft offense is a	16013
felony of the fifth degree. If the value of the property or	16014
services stolen is five thousand dollars or more and is less than	16015
one hundred thousand dollars, falsification in a theft offense is	16016
a felony of the fourth degree. If the value of the property or	16017
services stolen is one hundred thousand dollars or more,	16018
falsification in a theft offense is a felony of the third degree.	16019

(3) Whoever violates division (A)(12) or (B) of this	16020
section is guilty of falsification to purchase a firearm, a felony	16021
of the fifth degree.	16022

(F) A person who violates this section is liable in a civil	16023
action to any person harmed by the violation for injury, death, or	16024
loss to person or property incurred as a result of the commission	16025
of the offense and for reasonable attorney's fees, court costs,	16026
and other expenses incurred as a result of prosecuting the civil	16027
action commenced under this division. A civil action under this	16028
division is not the exclusive remedy of a person who incurs	16029
injury, death, or loss to person or property as a result of a	16030
violation of this section.	16031

Sec. 2953.21. (A)(1) Any person who has been convicted of a	16032
criminal offense or adjudicated a delinquent child and who claims	16033
that there was such a denial or infringement of the person's	16034
rights as to render the judgment void or voidable under the Ohio	16035
Constitution or the Constitution of the United States may file a	16036
petition in the court that imposed sentence, stating the grounds	16037
for relief relied upon, and asking the court to vacate or set	16038
aside the judgment or sentence or to grant other appropriate	16039
relief. The petitioner may file a supporting affidavit and other	16040
documentary evidence in support of the claim for relief.	16041

(2) A petition under division (A)(1) of this section shall	16042
be filed no later than one hundred eighty days after the date on	16043
which the trial transcript is filed in the court of appeals in the	16044
direct appeal of the judgment of conviction or adjudication or, if	16045
the direct appeal involves a sentence of death, the date on which	16046
the trial transcript is filed in the supreme court. If no appeal	16047
is taken, the petition shall be filed no later than one hundred	16048
eighty days after the expiration of the time for filing the	16049
appeal.	16050

(3) In a petition filed under division (A) of this section,	16051
a person upon whom a sentence of death has been imposed may ask	16052
the court to render void or voidable the judgment with respect to	16053
the conviction of aggravated murder or the specification of an	16054
aggravating circumstance.	16055

(4) A petitioner shall state in the original or amended	16056
petition filed under division (A) of this section all grounds for	16057
relief claimed by the petitioner. Except as provided in section	16058
2953.23 of the Revised Code, any ground for relief that is not so	16059
stated in the petition is waived.	16060

(5) If the petitioner in a petition filed under division (A)	16061
of this section was convicted of or pleaded guilty to a felony,	16062
the petition may include a claim that the petitioner was denied	16063
the equal protection of the laws in violation of the Ohio	16064
Constitution or the United States Constitution because the	16065
sentence imposed upon the petitioner for the felony was part of a	16066
consistent pattern of disparity in sentencing by the judge who	16067
imposed the sentence, with regard to the petitioner's race,	16068
gender, ethnic background, or religion. If the supreme court	16069
adopts a rule requiring a court of common pleas to maintain	16070
information with regard to an offender's race, gender, ethnic	16071
background, or religion, the supporting evidence for the petition	16072
shall include, but shall not be limited to, a copy of that type of	16073
information relative to the petitioner's sentence and copies of	16074
that type of information relative to sentences that the same judge	16075
imposed upon other persons.	16076

(B) The clerk of the court in which the petition is filed	16077
shall docket the petition and bring it promptly to the attention	16078
of the court. The petitioner need not serve a copy of the	16079
petition on the prosecuting attorney. The clerk of the court in	16080
which the petition is filed immediately shall forward a copy of	16081
the petition to the prosecuting attorney of that county.	16082

(C) The court shall consider a petition that is timely filed	16083
under division (A)(2) of this section even if a direct appeal of	16084
the judgment is pending. Before granting a hearing on a petition	16085
filed under division (A) of this section, the court shall	16086
determine whether there are substantive grounds for relief. In	16087
making such a determination, the court shall consider, in addition	16088
to the petition, the supporting affidavits, and the documentary	16089
evidence, all the files and records pertaining to the proceedings	16090
against the petitioner, including, but not limited to, the	16091
indictment, the court's journal entries, the journalized records	16092
of the clerk of the court, and the court reporter's transcript.	16093
The court reporter's transcript, if ordered and certified by the	16094
court, shall be taxed as court costs. If the court dismisses the	16095
petition, it shall make and file findings of fact and conclusions	16096
of law with respect to such dismissal.	16097

(D) Within ten days after the docketing of the petition, or	16098
within any further time that the court may fix for good cause	16099
shown, the prosecuting attorney shall respond by answer or motion.	16100
Within twenty days from the date the issues are made up, either	16101
party may move for summary judgment. The right to summary	16102
judgment shall appear on the face of the record.	16103

(E) Unless the petition and the files and records of the	16104
case show the petitioner is not entitled to relief, the court	16105
shall proceed to a prompt hearing on the issues even if a direct	16106
appeal of the case is pending. If the court notifies the parties	16107
that it has found grounds for granting relief, either party may	16108
request an appellate court in which a direct appeal of the	16109
judgment is pending to remand the pending case to the court.	16110

(F) At any time before the answer or motion is filed, the	16111
petitioner may amend the petition with or without leave or	16112
prejudice to the proceedings. The petitioner may amend the	16113
petition with leave of court at any time thereafter.	16114

(G) If the court does not find grounds for granting relief,	16115
it shall make and file findings of fact and conclusions of law and	16116
shall enter judgment denying relief on the petition. If no direct	16117
appeal of the case is pending and the court finds grounds for	16118
relief or if a pending direct appeal of the case has been remanded	16119
to the court pursuant to a request made pursuant to division (E)	16120
of this section and the court finds grounds for granting relief,	16121
it shall make and file findings of fact and conclusions of law and	16122
shall enter a judgment that vacates and sets aside the judgment in	16123
question, and, in the case of a petitioner who is a prisoner in	16124
custody, shall discharge or resentence the petitioner or grant a	16125
new trial as the court determines appropriate. The court also may	16126
make supplementary orders to the relief granted, concerning such	16127
matters as rearraignment, retrial, custody, and bail. If the	16128
trial court's order granting the petition is reversed on appeal	16129
and if the direct appeal of the case has been remanded from an	16130
appellate court pursuant to a request under division (E) of this	16131
section, the appellate court reversing the order granting the	16132
petition shall notify the appellate court in which the direct	16133
appeal of the case was pending at the time of the remand of the	16134
reversal and remand of the trial court's order. Upon the reversal	16135
and remand of the trial court's order granting the petition,	16136
regardless of whether notice is sent or received, the direct	16137
appeal of the case that was remanded is reinstated.	16138

(H) Upon the filing of a petition pursuant to division (A)	16139
of this section by a prisoner in a state correctional institution	16140
who has received the death penalty, the court may stay execution	16141
of the judgment challenged by the petition.	16142

(I)(1) If a person who has received the death penalty	16143
intends to file a petition under this section, the court shall	16144
appoint counsel to represent the person upon a finding that the	16145
person is indigent and that the person either accepts the	16146
appointment of counsel or is unable to make a competent decision	16147
whether to accept or reject the appointment of counsel. The court	16148
may decline to appoint counsel for the person only upon a finding,	16149
after a hearing if necessary, that the person rejects the	16150
appointment of counsel and understands the legal consequences of	16151
that decision or upon a finding that the person is not indigent.	16152

(2) The court shall not appoint as counsel under division	16153
(I)(1) of this section an attorney who represented the petitioner	16154
at trial in the case to which the petition relates unless the	16155
person and the attorney expressly request the appointment. The	16156
court shall appoint as counsel under division (I)(1) of this	16157
section only an attorney who is certified under Rule 65 20 of the	16158
Rules of Superintendence for the Courts of ~~Common Pleas~~ Ohio to	16159
represent indigent defendants charged with or convicted of an	16160
offense for which the death penalty can be or has been imposed.	16161
The ineffectiveness or incompetence of counsel during proceedings	16162
under this section does not constitute grounds for relief in a	16163
proceeding under this section, in an appeal of any action under	16164
this section, or in an application to reopen a direct appeal.	16165

(3) Division (I) of this section does not preclude attorneys	16166
who represent the state of Ohio from invoking the provisions of 28	16167
U.S.C. 154 with respect to capital cases that were pending in	16168
federal habeas corpus proceedings prior to the effective date of	16169
this amendment insofar as the petitioners in those cases were	16170
represented in proceedings under this section by one or more	16171
counsel appointed by the court under this section or section	16172
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those	16173
appointed counsel meet the requirements of division (I)(2) of this	16174
section.	16175

(J) Subject to the appeal of a sentence for a felony that is	16176
authorized by section 2953.08 of the Revised Code, the remedy set	16177
forth in this section is the exclusive remedy by which a person	16178
may bring a collateral challenge to the validity of a conviction	16179
or sentence in a criminal case or to the validity of an	16180
adjudication of a child as a delinquent child for the commission	16181
of an act that would be a criminal offense if committed by an	16182
adult or the validity of a related order of disposition.	16183

Sec. 3109.14. (A) As used in this section, "birth record"	16184
and "certification of birth" have the meanings given in section	16185
3705.01 of the Revised Code.	16186

(B)(1) The director of health, a person authorized by the	16187
director, a local commissioner of health, or a local registrar of	16188
vital statistics shall charge and collect a fee for each certified	16189
copy of a birth record ~~and~~, for each certification of birth ~~a fee~~	16190
~~of two dollars~~, and for each copy of a death record ~~a fee of two~~	16191
~~dollars,~~. Until October 1, 2001, the fee shall be two dollars. On	16192
and after October 1, 2001, the fee shall be three dollars. The	16193
fee is in addition to the fee imposed by section 3705.24 or any	16194
other section of the Revised Code. A local commissioner of health	16195
or a local registrar of vital statistics may retain an amount of	16196
each additional fee collected, not to exceed three per cent of the	16197
amount of the additional fee, to be used for costs directly	16198
related to the collection of the fee and the forwarding of the fee	16199
to the treasurer of state.	16200

(2) Upon the filing for a divorce decree under section	16201
3105.10 or a decree of dissolution under section 3105.65 of the	16202
Revised Code, a court of common pleas shall charge and collect a	16203
fee ~~of ten dollars~~. Until October 1, 2001, the fee shall be ten	16204
dollars. On and after October 1, 2001, the fee shall be eleven	16205
dollars. The fee is in addition to any other court costs or fees.	16206
The county clerk of courts may retain an amount of each additional	16207
fee collected, not to exceed three per cent of the amount of the	16208
additional fee, to be used for costs directly related to the	16209
collection of the fee and the forwarding of the fee to the	16210
treasurer of state.	16211

(C) The additional fees collected, but not retained, under	16212
this section during each month shall be forwarded not later than	16213
the tenth day of the immediately following month to the treasurer	16214
of state, who shall deposit the fees in the state treasury to the	16215
credit of the children's trust fund, which is hereby created. A	16216
person or government entity that fails to forward the fees in a	16217
timely manner, as determined by the treasurer of state, shall	16218
forward to the treasurer of state, in addition to the fees, a	16219
penalty equal to ten per cent of the fees.	16220

The treasurer of state shall invest the moneys in the fund,	16221
and all earnings resulting from investment of the fund shall be	16222
credited to the fund, except that actual administrative costs	16223
incurred by the treasurer of state in administering the fund may	16224
be deducted from the earnings resulting from investments. The	16225
amount that may be deducted shall not exceed three per cent of the	16226
total amount of fees credited to the fund in each fiscal year,	16227
except that the children's trust fund board may approve an amount	16228
for actual administrative costs exceeding three per cent but not	16229
exceeding four per cent of such amount. The balance of the	16230
investment earnings shall be credited to the fund. Moneys	16231
credited to the fund shall be used only for the purposes described	16232
in sections 3109.13 to 3109.18 of the Revised Code.	16233

Sec. 3109.17. (A) For each fiscal biennium, the children's	16234
trust fund board shall establish a biennial state plan for	16235
comprehensive child abuse and child neglect prevention. The plan	16236
shall be transmitted to the governor, the president and minority	16237
leader of the senate, and the speaker and minority leader of the	16238
house of representatives and shall be made available to the	16239
general public.	16240

(B) In developing and carrying out the state plan, the	16241
children's trust fund board shall, in accordance with Chapter 119.	16242
of the Revised Code, do all of the following:	16243

(1) Ensure that an opportunity exists for assistance through	16244
child abuse and child neglect prevention programs to persons	16245
throughout the state of various social and economic backgrounds;	16246

(2) Before the thirtieth day of October of each year, notify	16247
each child abuse and child neglect prevention advisory board of	16248
the amount estimated to be block granted to that advisory board	16249
for the following fiscal year.	16250

(3) Develop criteria for county or district comprehensive	16251
allocation plans, including criteria for determining the plans'	16252
effectiveness;	16253

(4) Review county or district comprehensive allocation	16254
plans;	16255

(5) Make a block grant to each child abuse and child neglect	16256
prevention advisory board for the purpose of funding child abuse	16257
and child neglect prevention programs. The block grants shall be	16258
allocated among advisory boards according to a formula based on	16259
the ratio of the number of children under age eighteen in the	16260
county or multicounty district to the number of children under age	16261
eighteen in the state, as shown in the most recent federal	16262
decennial census of population. Subject to the availability of	16263
funds, each advisory board shall receive a minimum of ten thousand	16264
dollars per fiscal year. In the case of an advisory board that	16265
serves a multicounty district, the advisory board shall receive,	16266
subject to available funds, a minimum of ten thousand dollars per	16267
fiscal year for each county in the district. Block grants shall	16268
be disbursed to the advisory boards twice annually. At least	16269
fifty per cent of the amount of the block grant allocated to an	16270
advisory board for a fiscal year shall be disbursed to the	16271
advisory board not later than the thirtieth day of September. The	16272
remainder of the block grant allocated to the advisory board for	16273
that fiscal year shall be disbursed before the thirty-first day of	16274
March.	16275

If the children's trust fund board determines, based on	16276
county or district performance or on the annual report submitted	16277
by an advisory board, that the advisory board is not operating in	16278
accordance with the criteria established in division (B)(3) of	16279
this section, it may revise the allocation of funds that the	16280
advisory board receives.	16281

(6) Provide for the monitoring of expenditures from the	16282
children's trust fund and of programs that receive money from the	16283
children's trust fund;	16284

(7) Establish reporting requirements for advisory boards;

16285

(8) Collaborate with appropriate persons and government	16286
entities and facilitate the exchange of information among those	16287
persons and entities for the purpose of child abuse and child	16288
neglect prevention;	16289

(9) Provide for the education of the public and	16290
professionals for the purpose of child abuse and child neglect	16291
prevention.	16292

(C) The children's trust fund board shall prepare a report	16293
for each fiscal biennium that evaluates the expenditure of money	16294
from the children's trust fund. On or before January 1, 2002, and	16295
on or before the first day of January of a year that follows the	16296
end of a fiscal biennium of this state, the board shall file a	16297
copy of the report with the governor, the president and minority	16298
leader of the senate, and the speaker and minority leader of the	16299
house of representatives.	16300

~~(D) In addition to the duties described in this section and~~	16301
~~in section 3109.16 of the Revised Code, the children's trust fund~~	16302
~~board shall perform the duties described in section 121.371 of the~~	16303
~~Revised Code with regard to the wellness block grant program.~~	16304

Sec. 3119.022. When a court or child support enforcement	16305
agency calculates the amount of child support to be paid pursuant	16306
to a child support order in a proceeding in which one parent is	16307
the residential parent and legal custodian of all of the children	16308
who are the subject of the child support order or in which the	16309
court issues a shared parenting order, the court or agency shall	16310
use a worksheet identical in content and form to the following:	16311

CHILD SUPPORT COMPUTATION WORKSHEET

16312

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER

16313

Name of parties ................................................

16314

Case No. .......................................................

16315

Number of minor children .......................................

16316

The following parent was designated as residential parent and	16317
legal custodian: ...... mother ...... father ...... shared	16318

		Column I	Column II	Column III	16319
		Father	Mother	Combined	16320
INCOME					16321
1.a.	Annual gross income from				16322
	employment or, when				16323
	determined appropriate				16324
	by the court or agency,				16325
	average annual gross income				16326
	from employment over a				16327
	reasonable period of years.				16328
	(Exclude overtime, bonuses,				16329
	self-employment income, or				16330
	commissions)...............	$......	$......		16331
b.	Amount of overtime,				16332
	bonuses, and commissions				16333
	(year 1 representing the				16334
	most recent year)				16335

Father	Mother	16336
Yr. 3 $..........	Yr. 3 $..........	16337
(Three years ago)	(Three years ago)	16338
Yr. 2 $..........	Yr. 2 $..........	16339
(Two years ago)	(Two years ago)	16340
Yr. 1 $..........	Yr. 1 $..........	16341
(Last calendar year)	(Last calendar year)	16342
Average $.........	Average $.........	16343

	(Include in Col. I and/or				16344
	Col. II the average of the				16345
	three years or the year 1				16346
	amount, whichever is less,				16347
	if there exists a reasonable				16348
	expectation that the total				16349
	earnings from overtime and/or				16350
	bonuses during the current				16351
	calendar year will meet or				16352
	exceed the amount that is				16353
	the lower of the average				16354
	of the three years or the				16355
	year 1 amount. If, however,				16356
	there exists a reasonable				16357
	expectation that the total				16358
	earnings from overtime/				16359
	bonuses during the current				16360
	calendar year will be less				16361
	than the lower of the average				16362
	of the 3 years or the year 1				16363
	amount, include only the				16364
	amount reasonably expected				16365
	to be earned this year.)...	$......	$......		16366
					16367
2.	For self-employment income:				16368
a.	Gross receipts from				16369
	business...................	$......	$......		16370
b.	Ordinary and necessary				16371
	business expenses..........	$......	$......		16372
c.	5.6% of adjusted gross				16373
	income or the actual				16374
	marginal difference between				16375
	the actual rate paid by the				16376
	self-employed individual				16377
	and the F.I.C.A. rate .....	$......	$......		16378
d.	Adjusted gross income from				16379
	self-employment (subtract				16380
	the sum of 2b and 2c from				16381
	2a)........................	$......	$......		16382
					16383
3.	Annual income from interest				16384
	and dividends (whether or				16385
	not taxable )...............	$......	$......		16386
					16387
4.	Annual income from				16388
	unemployment compensation...	$......	$......		16389
					16390
5.	Annual income from workers'				16391
	compensation, disability				16392
	insurance benefits, or social				16393
	security disability/				16394
	retirement benefits........	$......	$......		16395
					16396
6.	Other annual income				16397
	(identify).................	$......	$......		16398
					16399
7.	Total annual gross income				16400
	(add lines 1a, 1b, 2d, and				16401
	3-6).......................	$......	$......		16402
					16403
ADJUSTMENTS TO INCOME					16404
8.	Adjustment for minor children				16405
	born to or adopted by either				16406
	parent and another parent who				16407
	are living with this parent;				16408
	adjustment does not apply				16409
	to stepchildren (number of				16410
	children times federal income				16411
	tax exemption less child				16412
	support received, not to				16413
	exceed the federal tax				16414
	exemption).................	$......	$......		16415
					16416
9.	Annual court-ordered support				16417
	paid for other children....	$......	$......		16418
					16419
10.	Annual court-ordered spousal				16420
	support paid to any spouse				16421
	or former spouse...........	$......	$......		16422
					16423
11.	Amount of local income taxes				16424
	actually paid or estimated				16425
	to be paid.................	$......	$......		16426
					16427
12.	Mandatory work-related				16428
	deductions such as union				16429
	dues, uniform fees, etc.				16430
	(not including taxes, social				16431
	security, or retirement)...	$......	$......		16432
					16433
13.	Total gross income				16434
	adjustments (add lines				16435
	8 through 12)..............	$......	$......		16436
					16437
14.	Adjusted annual gross				16438
	income (subtract line 13				16439
	from line 7)................	$......	$......		16440
					16441
15.	Combined annual income that				16442
	is basis for child support				16443
	order (add line 14, Col. I				16444
	and Col. II)................			$......	16445
					16446
16.	Percentage of parent's				16447
	income to total income				16448
a.	Father (divide line 14,				16449
	Col. I, by line 15, Col.				16450
	III).......................%				16451
b.	Mother (divide line 14,				16452
	Col. II, by line 15, Col.				16453
	III).......................%				16454
					16455
17.	Basic combined child				16456
	support obligation (refer				16457
	to schedule, first column,				16458
	locate the amount nearest				16459
	to the amount on line 15,				16460
	Col. III, then refer to				16461
	column for number of				16462
	children in this family.				16463
	If the income of the				16464
	parents is more than one				16465
	sum but less than another,				16466
	you may calculate the				16467
	difference.)...............			$......	16468
					16469
18.	Annual support obligation per parent				16470
a.	Father (multiply line 17,				16471
	Col. III, by line 16a).....	$......			16472
b.	Mother (multiply line 17,				16473
	Col. III, by line 16b).....		$......		16474
					16475
19.	Annual child care expenses				16476
	for children who are the				16477
	subject of this order that				16478
	are work-, employment				16479
	training-, or education-				16480
	related, as approved by				16481
	the court or agency				16482
	(deduct tax credit from				16483
	annual cost, whether or				16484
	not claimed)..............	$......	$......		16485
					16486
20.	Marginal, out-of-pocket				16487
	costs, necessary to provide				16488
	for health insurance for				16489
	the children who are the				16490
	subject of this order......	$......	$......		16491
					16492
21.	ADJUSTMENTS TO CHILD SUPPORT				16493

	Father (only if obligor		Mother (only if obligor	16494
	or shared parenting)		or shared parenting)	16495
a.	Additions: line 16a	b.	Additions: line 16b	16496
	times sum of amounts		times sum of amounts	16497
	shown on line 19, Col. II		shown on line 19, Col. I	16498
	and line 20, Col. II		and line 20, Col. I	16499
	$......................		$......................	16500
c.	Subtractions: line 16b	d.	Subtractions: line 16a	16501
	times sum of amounts		times sum of amounts	16502
	shown on line 19, Col. I		shown on line 19, Col. II	16503
	and line 20, Col. I		and line 20, Col. II	16504
	$.......................		$.......................	16505

				16506
22.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT:			16507
a.	Father: line 18a plus or minus the difference between line			16508
	21a minus line 21c ~~(if the~~			16509
	~~amount on line 21c is~~			16510
	~~greater than or equal to~~			16511
	~~the amount on line 21a or~~			16512
	~~if 21a and 21c are not~~			16513
	~~applicable--enter the~~			16514
	~~number on line 18a in~~			16515
	~~Col. I)~~....................	$......		16516
b.	Mother: line 18b plus or minus the difference between line			16517
	21b minus line 21d ~~(if the~~			16518
	~~amount on line 21d is~~			16519
	~~greater than or equal to~~			16520
	~~the amount on line 21b or~~			16521
	~~if 21b and 21d are not~~			16522
	~~applicable--enter the~~			16523
	~~number on line 18b in~~			16524
	~~Col. II)~~....................		$......	16525
				16526
23.	ACTUAL ANNUAL OBLIGATION:			16527
a.	(Line 22a or 22b, whichever			16528
	line corresponds to the			16529
	parent who is the obligor).	$......		16530
b.	Any non-means-tested			16531
	benefits, including social			16532
	security and veterans'			16533
	benefits, paid to and			16534
	received by a child or a			16535
	person on behalf of the			16536
	child due to death,			16537
	disability, or retirement			16538
	of the parent...............	$......		16539
c.	Actual annual obligation			16540
	(subtract line 23b from			16541
	line 23a)...................	$......		16542

		16543
24.a.	Deviation from sole residential parent support amount shown	16544
	on line 23c if amount would be unjust or inappropriate: (see	16545
	section 3119.23 of the Revised Code.) (Specific facts and	16546
	monetary value must be stated.)	16547
	...........................................................	16548
	...........................................................	16549
	...........................................................	16550
	...........................................................	16551
b.	Deviation from shared parenting order: (see sections 3119.23	16552
	and 3119.24 of the Revised Code.) (Specific facts including	16553
	amount of time children spend with each parent, ability of	16554
	each parent to maintain adequate housing for children, and	16555
	each parent's expenses for children must be stated to justify	16556
	deviation.)	16557
	...........................................................	16558
	...........................................................	16559
	...........................................................	16560
	...........................................................	16561

				16562
25.	FINAL FIGURE (This amount			16563
	reflects final annual child			16564
	support obligation; line			16565
	23c plus or minus any			16566
	amounts indicated in line			16567
	24a or 24b ..............	$......	Father/Mother, OBLIGOR	16568
				16569
26.	FOR DECREE: Child support			16570
	per month (divide obligor's			16571
	annual share, line 25, by			16572
	12) plus any processing			16573
	charge....................	$......		16574

Prepared by:		16575
Counsel: ....................	Pro se: .................	16576
For mother/father)		16577
CSEA: .......................	Other: ..................	16578

Worksheet Has Been Reviewed and Agreed To:

16579

...........................	...........................	16580
Mother	Date	16581
...........................	...........................	16582
Father	Date	16583

Sec. 3301.075. The state board of education shall adopt	16584
rules governing the purchasing and leasing of data processing	16585
services and equipment for all local, exempted village, city, and	16586
joint vocational school districts and all educational service	16587
centers. Such rules shall include provisions for the	16588
establishment of an Ohio education computer network under	16589
procedures, guidelines, and specifications of the department of	16590
education.	16591

The department shall administer funds appropriated for the	16592
Ohio education computer network to ensure its efficient and	16593
economical operation and shall approve no more than twenty-seven	16594
data acquisition sites to operate concurrently. Such sites shall	16595
be approved for funding in accordance with rules of the state	16596
board adopted under this section that shall provide for the	16597
superintendent of public instruction to require the membership of	16598
each data acquisition site to be composed of combinations of	16599
school districts and educational service centers ~~from contiguous~~	16600
~~counties~~ having sufficient students to support an efficient,	16601
economical comprehensive program of computer services to member	16602
districts and educational service centers. Each data acquisition	16603
site~~, other than sites organized under Chapter 167. of the Revised~~	16604
~~Code prior to the effective date of this section,~~ shall be	16605
organized in accordance with section 3313.92 or Chapter 167. of	16606
the Revised Code.	16607

The department of education may contract with an independent	16608
for profit or nonprofit entity to provide current and historical	16609
information on Ohio government through the Ohio education computer	16610
network to school district libraries operating in accordance with	16611
section 3375.14 of the Revised Code in order to assist school	16612
teachers in social studies course instruction and support student	16613
research projects. Any such contract shall be awarded in	16614
accordance with Chapter 125. of the Revised Code.	16615

Sec. 3301.70. (A) The state board of education is the	16616
designated state agency responsible for the coordination and	16617
administration of sections 110 to 118 of the "National and	16618
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	16619
12401 to 12431, ~~and amendments thereto~~ as amended. With the	16620
assistance of the ~~state~~ Ohio community service ~~advisory committee~~	16621
council created in section 121.40 of the Revised Code, the state	16622
board shall coordinate with other state agencies to apply for	16623
funding under the act when appropriate.	16624

(B) With the assistance of the ~~state~~ Ohio community service	16625
~~advisory committee~~ council, the state board of education shall	16626
develop a plan to assist school districts in the implementation of	16627
section 3313.605 of the Revised Code and other community service	16628
activities of school districts. The state board shall encourage	16629
the development of school district programs meeting the	16630
requirements for funding under the "National and Community Service	16631
Act of 1990." The plan shall include the investigation of funding	16632
from all available sources for school community service education	16633
programs, including funds available under the "National and	16634
Community Service Act of 1990," and the provision of technical	16635
assistance to school districts for the implementation of community	16636
service education programs. The plan shall also provide for	16637
technical assistance to be given to school boards to assist in	16638
obtaining funds for community service education programs from any	16639
source.	16640

(C) With the assistance of the ~~state~~ Ohio community service	16641
~~advisory committee~~ council, the state board of education shall do	16642
all of the following:	16643

(1) Disseminate information about school district community	16644
service education programs to other school districts and to	16645
statewide organizations involved with or promoting volunteerism;	16646

(2) Recruit additional school districts to develop community	16647
service education programs;	16648

(3) Identify or develop model community service programs,	16649
teacher training courses, and community service curricula and	16650
teaching materials for possible use by school districts in their	16651
programs.	16652

Sec. 3301.80. (A) There is hereby created the Ohio	16653
SchoolNet commission as an independent agency. The commission	16654
shall administer programs to provide financial and other	16655
assistance to school districts and other educational institutions	16656
for the acquisition and utilization of educational technology.	16657

The commission is a body corporate and politic, an agency of	16658
the state performing essential governmental functions of the	16659
state.	16660

(B)(1) The commission shall consist of eleven members, seven	16661
of whom are voting members. Of the voting members, one shall be	16662
appointed by the speaker of the house of representatives and one	16663
shall be appointed by the president of the senate. The members	16664
appointed by the speaker of the house and the president of the	16665
senate shall not be members of the general assembly. The state	16666
superintendent of public instruction or a designee of the	16667
superintendent, the director of budget and management or a	16668
designee of the director, the director of administrative services	16669
or a designee of the director, the chairperson of the public	16670
utilities commission or a designee of the chairperson, and the	16671
director of the Ohio educational telecommunications network	16672
commission or a designee of the director shall serve on the	16673
commission as ex officio voting members. Of the nonvoting	16674
members, two shall be members of the house of representatives	16675
appointed by the speaker of the house and two shall be members of	16676
the senate appointed by the president of the senate. The members	16677
appointed from each house shall not be members of the same	16678
political party. The commission shall appoint officers from among	16679
its members.	16680

(2) The members shall serve without compensation. The	16681
voting members appointed by the speaker of the house of	16682
representatives and the president of the senate shall be	16683
reimbursed, pursuant to office of budget and management	16684
guidelines, for necessary expenses incurred in the performance of	16685
official duties.	16686

(3) The terms of office for the members appointed by the	16687
speaker of the house and the president of the senate shall be for	16688
two years, with each term ending on the same day of the same month	16689
as did the term that it succeeds. The members appointed by the	16690
speaker of the house and the president of the senate may be	16691
reappointed. Any member appointed from the house of	16692
representatives or senate who ceases to be a member of the	16693
legislative house from which the member was appointed shall cease	16694
to be a member of the commission. Vacancies among appointed	16695
members shall be filled in the manner provided for original	16696
appointments. Any member appointed to fill a vacancy occurring	16697
prior to the expiration date of the term for which a predecessor	16698
was appointed shall hold office as a member for the remainder of	16699
that term. The members appointed by the speaker of the house and	16700
the president of the senate shall continue in office subsequent to	16701
the expiration date of that member's term until a successor takes	16702
office or until a period of sixty days has elapsed, whichever	16703
occurs first.	16704

(C)(1) The commission shall be under the supervision of an	16705
executive director who shall be appointed by the commission. The	16706
executive director shall serve at the pleasure of the commission	16707
and shall direct commission employees in the administration of all	16708
programs for the provision of financial and other assistance to	16709
school districts and other educational institutions for the	16710
acquisition and utilization of educational technology.	16711

(2) The employees of the Ohio SchoolNet commission shall be	16712
placed in the unclassified service. The commission shall fix the	16713
compensation of the executive director. The executive director	16714
shall employ and fix the compensation for such employees as	16715
necessary to facilitate the activities and purposes of the	16716
commission. The employees shall serve at the pleasure of the	16717
executive director.	16718

(3) The employees of the Ohio SchoolNet commission shall be	16719
exempt from Chapter 4117. of the Revised Code and shall not be	16720
public employees as defined in section 4117.01 of the Revised	16721
Code.	16722

(D) The Ohio SchoolNet commission shall do all of the	16723
following:	16724

(1) Make grants to institutions and other organizations as	16725
prescribed by the general assembly for the provision of technical	16726
assistance, professional development, and other support services	16727
to enable school districts, community schools established under	16728
Chapter 3314. of the Revised Code, and other educational	16729
institutions to utilize educational technology;	16730

(2) Contract with the department of education, state	16731
institutions of higher education, private nonprofit institutions	16732
of higher education holding certificates of authorization under	16733
section 1713.02 of the Revised Code, and such other public or	16734
private entities as the executive director deems necessary for the	16735
administration and implementation of the programs under the	16736
commission's jurisdiction;	16737

(3) Establish a reporting system to which school districts,	16738
community schools established under Chapter 3314. of the Revised	16739
Code, and other educational institutions receiving financial	16740
assistance pursuant to this section for the acquisition of	16741
educational technology report information as to the manner in	16742
which such assistance was expended, the manner in which the	16743
equipment or services purchased with the assistance is being	16744
utilized, the results or outcome of this utilization, and other	16745
information as may be required by the commission;	16746

(4) Establish necessary guidelines governing purchasing and	16747
procurement by participants in programs administered by the	16748
commission that facilitate the timely and effective implementation	16749
of such programs;	16750

(5) Take into consideration the efficiency and cost savings	16751
of statewide procurement prior to allocating and releasing funds	16752
for any programs under its administration.	16753

(E)(1) The executive director shall implement policies and	16754
directives issued by the Ohio SchoolNet commission.	16755

(2) The Ohio SchoolNet commission may establish a systems	16756
support network to facilitate the timely implementation of the	16757
programs, projects, or activities for which it provides	16758
assistance.	16759

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	16760
9.332, and 9.333 of the Revised Code do not apply to contracts,	16761
programs, projects, or activities of the Ohio SchoolNet	16762
commission.	16763

Sec. 3301.85. (A) The OhioReads office is hereby	16764
established within the department of education. The office shall	16765
be under the supervision of an executive ~~director~~ administrator,	16766
who shall be appointed by the superintendent of public	16767
instruction, with the advice and consent of the OhioReads council.	16768
The executive ~~director~~ administrator shall serve at the pleasure	16769
of and report to the superintendent, but shall discharge the	16770
position according to guidelines issued by the council and shall	16771
perform any task designated by the council. The executive	16772
~~director~~ administrator shall devote full time to the duties of	16773
that position and shall hold no other position within the	16774
department. The superintendent may hire additional staff for the	16775
office and shall fix the compensation of such employees as	16776
necessary to facilitate the activities and purposes of the office.	16777
All such employee positions shall be administrative staff	16778
positions, and all persons employed in those positions shall serve	16779
at the pleasure of the superintendent and shall not be subject to	16780
the provisions of Chapter 4117. of the Revised Code. The	16781
department shall provide the executive ~~director~~ administrator and	16782
any additional staff hired by the superintendent with offices	16783
within the department's office space.	16784

(B) Any employee of the OhioReads office who is a member of	16785
a bargaining unit on the effective date of this amendment shall	16786
retain that status. However, when any position encumbered by such	16787
employee is vacated for any reason, the position shall cease to be	16788
subject to any provision of Chapter 4117. of the Revised Code, and	16789
any person hired to fill such position after the effective date of	16790
this amendment shall be hired in accordance with division (A) of	16791
this section as that division exists after the effective date of	16792
this amendment.	16793

Sec. 3302.041. (A) Each school district that in 1999 was	16794
declared to be in a state of academic emergency, under an academic	16795
watch, or in need of continuous improvement under section 3302.03	16796
of the Revised Code and that is projected to receive any parity	16797
aid payments under section 3317.0217 of the Revised Code for	16798
either of the two fiscal years beginning July 1, 2001, or July 1,	16799
2002, shall amend its continuous improvement plan required under	16800
section 3302.04 of the Revised Code to include a budget for	16801
expending the parity aid for either of those two fiscal years that	16802
the district is projected to receive such aid. For each year	16803
included in the budget, the district shall allocate the full	16804
amount of projected parity aid among one or more of the following:	16805

(1) Upgrading, or purchasing additional classroom equipment,	16806
materials, textbooks, or technology;	16807

(2) Lowering the teacher/student ratios in additional	16808
classrooms;	16809

(3) Providing additional advanced curriculum opportunities;

16810

(4) Providing additional electives or required courses for	16811
graduation;	16812

(5) Increasing the number of days of professional	16813
development;	16814

(6) Providing all-day kindergarten to more students;

16815

(7) Providing preschool to more students;

16816

(8) Providing additional programming and services for	16817
special student populations such as gifted, disadvantaged, or	16818
disabled students;	16819

(9) Providing new programs or increasing the number of	16820
students served by existing programs to prevent academic failure	16821
or to intervene in the case of students in danger of academic	16822
failure, such as tutoring or summer school programs.	16823

(B) For each expenditure of parity aid allocated in the	16824
budget under division (A) of this section, the district's amended	16825
continuous improvement plan shall describe:	16826

(1) How the expenditure will result in new programs or	16827
opportunities, or an expanded availability of programs or	16828
opportunities to more students, and will not simply fund existing	16829
programs with parity aid instead of general revenue fund moneys or	16830
other district income.	16831

(2) How the proposed expenditure is expected to enhance the	16832
district's continuous improvement plan, improve the district's	16833
academic success, and promote the district's achievement of the	16834
standard unit of improvement required by the department of	16835
education under rules adopted pursuant to section 3302.04 of the	16836
Revised Code.	16837

(C) A copy of each amended continuous improvement plan	16838
required to contain a budget under this section shall be submitted	16839
to the department by September 1, 2001. The department, beginning	16840
July 1, 2002, shall assess a random sampling of the districts in	16841
each of fiscal years 2003 and 2004 to determine whether the	16842
district did in fact make the expenditures included in its	16843
proposed parity aid budget during the preceding fiscal year.	16844

(D) If in either year, the department finds that a district	16845
did not spend its preceding year's parity aid funds in the manner	16846
specified in the budget for that year, it shall notify the state	16847
board of education of its findings and shall subtract the amount	16848
of any parity aid funds not spent in the manner specified in the	16849
budget from any parity aid otherwise due to the district under	16850
section 3317.0217 of the Revised Code in the current fiscal	16851
year. If payments are reduced to any district under this division,	16852
the department shall continue to assess the expenditures of such	16853
district in each ensuing year and shall continue to make	16854
deductions in accordance with this section until such year as the	16855
district is found to be in compliance with this section.	16856

(E) Whenever the department reexamines the status of school	16857
districts under division (A) of section 3302.03 of the Revised	16858
Code, it shall require all districts expected to receive parity	16859
aid payments and determined either to need continuous improvement,	16860
be under an academic watch, or be in a state of academic emergency	16861
to submit their three-year continuous improvement plans to the	16862
department and to include as an integral part of such plans,	16863
budgets meeting the requirements of divisions (A) and (B) of this	16864
section. The department shall annually assess a random sampling of	16865
all such districts and withhold parity aid payments from	16866
noncomplying districts in the same manner as required under	16867
divisions (C) and (D) of this section.	16868

(F) At any time, for good cause and with the approval of the	16869
department, a school district may amend a budget adopted under	16870
this section. Any such amendment, however, shall provide that any	16871
parity aid payments the district proposes not to spend on one of	16872
the items listed in division (A) of this section are instead	16873
reallocated to other items listed in such division.	16874

(G) The superintendent of public instruction may authorize a	16875
school district to spend parity aid payments for a purpose not	16876
listed in division (A) of this section upon request of the	16877
district if the superintendent considers it appropriate.	16878

Sec. 3303.01. Except when utilized in Chapter 3311. of the	16879
Revised Code, whenever the term vocational education occurs	16880
anywhere in the Revised Code, it shall be deemed to refer to	16881
career-technical education, except that joint vocational school	16882
districts shall continue to be styled as and shall maintain their	16883
legal existence as either joint vocational school districts or	16884
vocational school districts pursuant to section 3311.01.	16885

Sec. 3305.061. Notwithstanding section 171.07 and division	16886
(D) of section 3305.06 of the Revised Code, the percentage of an	16887
electing employee's compensation contributed by a public	16888
institution of higher education under division (D) of section	16889
3305.06 of the Revised Code shall not exceed the percentage of	16890
compensation transferred under section 145.87, 3307.84, or 3309.88	16891
of the Revised Code, as appropriate, by the state retirement	16892
system that otherwise applies to the electing employee's position.	16893
A change in the percentage of compensation contributed under	16894
division (D) of section 3305.06 of the Revised Code, as required	16895
by this section, shall take effect on the same day a change in the	16896
percentage of compensation takes effect under section 145.87,	16897
3307.84, or 3309.88 of the Revised Code, as appropriate.	16898

Sec. 3307.05. The state teachers retirement board shall	16899
consist of the following nine members:	16900

(A) The superintendent of public instruction;

16901

(B) The auditor of state;

16902

16903

(D) Five members, known as teacher members, who shall be	16904
members of the state teachers retirement system;	16905

(E) A former member of the system, known as the retired	16906
teacher member, who shall be a superannuate and who is not	16907
otherwise employed in a position requiring the retired teacher	16908
member to make contributions to the system.	16909

Sec. 3311.057. (A) Any educational service center that is	16910
formed by merging two or more educational service centers or	16911
former county school districts after July 1, 1995, but prior to	16912
July 1, ~~1999~~ 2003, may determine the number of members of its	16913
governing board ~~of education~~ and whether the members are to be	16914
elected at large or by subdistrict, provided each board shall have	16915
an odd number of members.	16916

(B) If an educational service center described in division	16917
(A) of this section is formed on or after the effective date of	16918
this section, the governing board ~~of education~~ of each service	16919
center that is merging to form the new service center shall	16920
include identical provisions for electing the new service center's	16921
governing board in its resolution adopted pursuant to division (A)	16922
of section 3311.053 of the Revised Code. If there is any	16923
transition period between the effective date of the merger of the	16924
service centers and the assumption of control of the new service	16925
center by the new board, the resolutions shall include provisions	16926
for an interim governing board which shall be appointed to govern	16927
the service center until the time the new board is elected and	16928
assumes control of the service center.	16929

(C) If an educational service center described in division	16930
(A) of this section was formed prior to the effective date of this	16931
section, the governing board of the service center may adopt at	16932
any time prior to July 1, ~~1999~~ 2003, a resolution setting forth	16933
provisions for changing the number of members and the manner of	16934
electing its board and provisions for any transitional period	16935
between the abolition of the existing board and the assumption of	16936
control by the new board.	16937

(D) Any provisions for electing a governing board adopted	16938
pursuant to division (B) or (C) of this section may provide for	16939
the election of members at large, may provide for the	16940
establishment of subdistricts within the district, or may require	16941
some members to be elected at large and some to be elected from	16942
subdistricts. If subdistricts are included, the resolutions shall	16943
specify the manner in which their boundaries are to be drawn. The	16944
provisions shall attempt to ensure that each elected member of the	16945
board represents an equal number of residents of the service	16946
center. To accomplish this, any subdistrict containing a multiple	16947
of the number of electors in another subdistrict, may elect	16948
at-large within that subdistrict, a number of board members equal	16949
to the multiple that its population is of the population of the	16950
other subdistrict.	16951

(E) The provisions for selecting board members set forth in	16952
the latest resolution adopted pursuant to division (B) or (C) of	16953
this section prior to July 1, ~~1999~~ 2003, shall remain the method	16954
of electing ~~school~~ board members within that educational service	16955
center.	16956

Sec. 3311.058. Notwithstanding anything to the contrary in	16957
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly,	16958
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter	16959
3311. of the Revised Code, no educational service center shall be	16960
required to merge in order to achieve any prescribed minimum	16961
average daily membership if such a merger will cause the territory	16962
of the resultant joint educational service center to comprise more	16963
than eight hundred square miles.	16964

Sec. 3311.062. Notwithstanding anything prohibiting the	16965
existence of school districts with noncontiguous territory in	16966
section 3311.06 or 3311.37 of the Revised Code or in any other	16967
section of this chapter, a new school district may be formed under	16968
this chapter after the effective date of this section from the	16969
territory of noncontiguous school districts, provided that the	16970
board of education of any school district containing territory	16971
lying between the noncontiguous portions of such a new school	16972
district adopts a resolution approving the establishment of the	16973
new district.	16974

Sec. 3313.37. (A)(1) The board of education of any city,	16975
local, or exempted village school district may build, enlarge,	16976
repair, and furnish the necessary schoolhouses, purchase or lease	16977
sites therefor, or rights-of-way thereto, or purchase or lease	16978
real estate to be used as playgrounds for children or rent	16979
suitable schoolrooms, either within or without the district, and	16980
provide the necessary apparatus and make all other necessary	16981
provisions for the schools under its control. ~~The governing board~~	16982
~~of any educational service center may build, enlarge, repair, and~~	16983
~~furnish the necessary facilities for conducting special education~~	16984
~~programs and driver education courses, purchase or lease sites~~	16985
~~therefor, or rights-of-way thereto, or purchase or lease real~~	16986
~~estate or rent suitable facilities to be used for such purposes~~	16987
~~and provide the necessary apparatus and make all other necessary~~	16988
~~provisions for such facilities as are under its control.~~	16989

(2) A governing board of an educational service center may	16990
acquire, lease, or enter into a contract to purchase, lease, or	16991
sell real and personal property and may construct, enlarge,	16992
repair, renovate, furnish, or equip facilities, buildings, or	16993
structures for the educational service center's purposes. The	16994
board may enter into loan agreements, including mortgages, for the	16995
acquisition of such property. If a governing board exercises any	16996
of these powers to acquire office or classroom space, the board of	16997
county commissioners has no obligation to provide and equip	16998
offices and to provide heat, light, water, and janitorial services	16999
for the use of the service center pursuant to section 3319.19 of	17000
the Revised Code, unless there is a contract as provided by	17001
division (D) of that section.	17002

(3) A board of county commissioners may issue securities of	17003
the county pursuant to Chapter 133. of the Revised Code for the	17004
acquisition of real and personal property or for the construction,	17005
enlargement, repair, or renovation of facilities, buildings, or	17006
structures by an educational service center, but only if the	17007
county has a contract under division (D) of section 3319.19 of the	17008
Revised Code with the educational service center whereby the	17009
educational service center agrees to pay the county an amount	17010
equal to the debt charges on the issued securities on or before	17011
the date those charges fall due. For the purposes of this	17012
section, "debt charges" and "securities" have the same meanings as	17013
in section 133.01 of the Revised Code.	17014

(B)(1) Boards of education of city, local, and exempted	17015
village school districts may acquire land by gift or devise, by	17016
purchase, or by appropriation. Lands purchased may be purchased	17017
for cash, by installment payments, with or without a mortgage, by	17018
entering into lease-purchase agreements, or by lease with an	17019
option to purchase, provided that if the purchase price is to be	17020
paid over a period of time, such payments shall not extend for a	17021
period of more than five years. A special tax levy may be	17022
authorized by the voters of the school district in accordance with	17023
section 5705.21 of the Revised Code to provide a special fund to	17024
meet the future time payments.	17025

(2) For the purposes of section 5705.21 of the Revised Code,	17026
acquisition of land under the provisions of this division shall be	17027
considered a necessary requirement of the school district.	17028

(3) Boards of education of city, local, and exempted village	17029
school districts may acquire federal land at a discount by a	17030
lease-purchase agreement for use as a site for the construction of	17031
educational facilities or for other related purposes. External	17032
administrative and other costs pertaining to the acquisition of	17033
federal land at a discount may be paid from funds available to the	17034
school district for operating purposes. Such boards of education	17035
may also acquire federal land by lease-purchase agreements, by	17036
negotiation, or otherwise.	17037

(4) As used in this division:

17038

(a) "Office equipment" includes but is not limited to	17039
typewriters, copying and duplicating equipment, and computer and	17040
data processing equipment.	17041

(b) "Software for instructional purposes" includes computer	17042
programs usable for computer assisted instruction, computer	17043
managed instruction, drill and practice, and problem simulations.	17044

A board of education or governing board of an educational	17045
service center may acquire the necessary office equipment, and	17046
computer hardware and software for instructional purposes, for the	17047
schools under its control by purchase, by lease, by installment	17048
payments, by entering into lease-purchase agreements, or by lease	17049
with an option to purchase. In the case of a city, exempted	17050
village, or local school district, if the purchase price is to be	17051
paid over a period of time, the contract setting forth the terms	17052
of such purchase shall be considered a continuing contract	17053
pursuant to section 5705.41 of the Revised Code. Payments shall	17054
not extend for a period of more than five years. Costs relating	17055
to the acquisition of necessary apparatus may be paid from funds	17056
available to the school district or educational service center for	17057
operating purposes.	17058

(5) A board of education or governing board of an	17059
educational service center may acquire the necessary equipment for	17060
the maintenance or physical upkeep of facilities and land under	17061
its control by entering into lease-purchase agreements. If	17062
payments under the lease-purchase agreement are to be made over a	17063
period of time, the agreement shall be considered a continuing	17064
contract pursuant to section 5705.41 of the Revised Code, and such	17065
payments shall not extend for a period of more than five years.	17066

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	17067
~~and~~ (F), and (G) of this section, when a board of education	17068
decides to dispose of real or personal property that it owns in	17069
its corporate capacity, and that exceeds in value ten thousand	17070
dollars, it shall sell the property at public auction, after	17071
giving at least thirty days' notice of the auction by publication	17072
in a newspaper of general circulation or by posting notices in	17073
five of the most public places in the school district in which the	17074
property, if it is real property, is situated, or, if it is	17075
personal property, in the school district of the board of	17076
education that owns the property. The board may offer real	17077
property for sale as an entire tract or in parcels.	17078

(B) When the board of education has offered real or personal	17079
property for sale at public auction at least once pursuant to	17080
division (A) of this section, and the property has not been sold,	17081
the board may sell it at a private sale. Regardless of how it was	17082
offered at public auction, at a private sale, the board shall, as	17083
it considers best, sell real property as an entire tract or in	17084
parcels, and personal property in a single lot or in several lots.	17085

(C) If a board of education decides to dispose of real or	17086
personal property that it owns in its corporate capacity and that	17087
exceeds in value ten thousand dollars, it may sell the property to	17088
the adjutant general; to any subdivision or taxing authority as	17089
respectively defined in divisions (A) and (C) of section 5705.01	17090
of the Revised Code, township park district, board of park	17091
commissioners established under Chapter 755. of the Revised Code,	17092
or park district established under Chapter 1545. of the Revised	17093
Code; to a wholly or partially tax-supported university,	17094
university branch, or college; or to the board of trustees of a	17095
school district library, upon such terms as are agreed upon. The	17096
sale of real or personal property to the board of trustees of a	17097
school district library is limited, in the case of real property,	17098
to a school district library within whose boundaries the real	17099
property is situated, or, in the case of personal property, to a	17100
school district library whose boundaries lie in whole or in part	17101
within the school district of the selling board of education.	17102

(D) When a board of education decides to trade as a part or	17103
an entire consideration, an item of personal property on the	17104
purchase price of an item of similar personal property, it may	17105
trade the same upon such terms as are agreed upon by the parties	17106
to the trade.	17107

(E) The president and the treasurer of the board of	17108
education shall execute and deliver deeds or other necessary	17109
instruments of conveyance to complete any sale or trade under this	17110
section.	17111

(F) When a board of education has identified a parcel of	17112
real property that it determines is needed for school purposes,	17113
the board may, upon a majority vote of the members of the board,	17114
acquire that property by exchanging real property that the board	17115
owns in its corporate capacity for the identified real property or	17116
by using real property that the board owns in its corporate	17117
capacity as part or an entire consideration for the purchase price	17118
of the identified real property. Any exchange or acquisition made	17119
pursuant to this division shall be made by a conveyance executed	17120
by the president and the treasurer of the board.	17121

(G) When a school district board of education decides to	17122
dispose of real property suitable for use as classroom space,	17123
prior to disposing of such property under division (A) through (F)	17124
of this section, it shall first offer that property for sale to	17125
the governing authorities of the start-up community schools,	17126
established under Chapter 3314. of the Revised Code and located	17127
within the territory of the school district, and to the governing	17128
board of any educational service center providing services to the	17129
district, at a price that is not higher than the appraised fair	17130
market value of that property. If more than one community school	17131
governing authority accepts the offer made by the school district	17132
board or if at least one community school governing authority and	17133
the educational service center governing board accept that offer,	17134
the board shall sell the property to the governing authority or	17135
governing board that accepted the offer first in time. If no	17136
community school governing authority or governing board accepts	17137
the offer within sixty days after the offer is made by the school	17138
district board, the board may dispose of the property in the	17139
applicable manner prescribed under divisions (A) to (F) of this	17140
section.	17141

Sec. 3313.603. (A) As used in this section:

17142

(1) "One unit" means a minimum of one hundred twenty hours	17143
of course instruction, except that for a laboratory course, "one	17144
unit" means a minimum of one hundred fifty hours of course	17145
instruction.	17146

(2) "One-half unit" means a minimum of sixty hours of course	17147
instruction, except that for physical education courses, "one-half	17148
unit" means a minimum of one hundred twenty hours of course	17149
instruction.	17150

(B) Beginning September 15, 2001, the requirements for	17151
graduation from every high school shall include ~~twenty-one~~ twenty	17152
units earned in grades nine through twelve and shall be	17153
distributed as follows:	17154

(1) English language arts, four units;

17155

(2) Health, one-half unit;

17156

(3) Mathematics, three units;

17157

(4) Physical education, one-half unit;

17158

(5) Science, two units until September 15, 2003, and three	17159
units thereafter, which at all times shall include both of the	17160
following:	17161

(a) Biological sciences, one unit;

17162

(b) Physical sciences, one unit.

17163

(6) Social studies, three units, which shall include both of	17164
the following:	17165

(a) American history, one-half unit;

17166

(b) American government, one-half unit.

17167

(7) Elective units, ~~eight~~ seven units until September 15,	17168
2003, and ~~seven~~ six units thereafter.	17169

Each student's electives shall include at least one unit, or	17170
two half units, chosen from among the areas of	17171
business/technology, fine arts, and/or foreign language.	17172

(C) Every high school may permit students below the ninth	17173
grade to take advanced work for credit. A high school shall count	17174
such advanced work toward the graduation requirements of division	17175
(B) of this section if the advanced work was both:	17176

(1) Taught by a person who possesses a license or	17177
certificate issued under section 3301.071, 3319.22, or 3319.222 of	17178
the Revised Code that is valid for teaching high school;	17179

(2) Designated by the board of education of the city, local,	17180
or exempted village school district, the board of the cooperative	17181
education school district, or the governing authority of the	17182
chartered nonpublic school as meeting the high school curriculum	17183
requirements.	17184

(D) Units earned in English language arts, mathematics,	17185
science, and social studies that are delivered through integrated	17186
academic and technical instruction are eligible to meet the	17187
graduation requirements of division (B) of this section.	17188

Sec. 3313.64. (A) As used in this section and in section	17189
3313.65 of the Revised Code:	17190

(1) "Parent" means either parent, unless the parents are	17191
separated or divorced or their marriage has been dissolved or	17192
annulled, in which case "parent" means the parent who is the	17193
residential parent and legal custodian of the child. When a child	17194
is in the legal custody of a government agency or a person other	17195
than the child's natural or adoptive parent, "parent" means the	17196
parent with residual parental rights, privileges, and	17197
responsibilities. When a child is in the permanent custody of a	17198
government agency or a person other than the child's natural or	17199
adoptive parent, "parent" means the parent who was divested of	17200
parental rights and responsibilities for the care of the child and	17201
the right to have the child live with the parent and be the legal	17202
custodian of the child and all residual parental rights,	17203
privileges, and responsibilities.	17204

(2) "Legal custody," "permanent custody," and "residual	17205
parental rights, privileges, and responsibilities" have the same	17206
meanings as in section 2151.011 of the Revised Code.	17207

(3) "School district" or "district" means a city, local, or	17208
exempted village school district and excludes any school operated	17209
in an institution maintained by the department of youth services.	17210

(4) Except as used in division (C)(2) of this section,	17211
"home" means a home, institution, foster home, group home, or	17212
other residential facility in this state that receives and cares	17213
for children, to which any of the following applies:	17214

(a) The home is licensed, certified, or approved for such	17215
purpose by the state or is maintained by the department of youth	17216
services.	17217

(b) The home is operated by a person who is licensed,	17218
certified, or approved by the state to operate the home for such	17219
purpose.	17220

(c) The home accepted the child through a placement by a	17221
person licensed, certified, or approved to place a child in such a	17222
home by the state.	17223

(d) The home is a children's home created under section	17224
5153.21 or 5153.36 of the Revised Code.	17225

(5) "Agency" means all of the following:

17226

(a) A public children services agency;

17227

(b) An organization that holds a certificate issued by the	17228
Ohio department of job and family services in accordance with the	17229
requirements of section 5103.03 of the Revised Code and assumes	17230
temporary or permanent custody of children through commitment,	17231
agreement, or surrender, and places children in family homes for	17232
the purpose of adoption;	17233

(c) Comparable agencies of other states or countries that	17234
have complied with applicable requirements of section 2151.39, or	17235
sections 5103.20 to 5103.28 of the Revised Code.	17236

(6) A child is placed for adoption if either of the	17237
following occurs:	17238

(a) An agency to which the child has been permanently	17239
committed or surrendered enters into an agreement with a person	17240
pursuant to section 5103.16 of the Revised Code for the care and	17241
adoption of the child.	17242

(b) The child's natural parent places the child pursuant to	17243
section 5103.16 of the Revised Code with a person who will care	17244
for and adopt the child.	17245

(7) "Handicapped preschool child" means a handicapped child,	17246
as defined by division (A) of section 3323.01 of the Revised Code,	17247
who is at least three years of age but is not of compulsory school	17248
age, as defined in section 3321.01 of the Revised Code, and who is	17249
not currently enrolled in kindergarten.	17250

(8) "Child," unless otherwise indicated, includes handicapped	17251
preschool children.	17252

(B) Except as otherwise provided in section 3321.01 of the	17253
Revised Code for admittance to kindergarten and first grade, a	17254
child who is at least five but under twenty-two years of age and	17255
any handicapped preschool child shall be admitted to school as	17256
provided in this division.	17257

(1) A child shall be admitted to the schools of the school	17258
district in which the child's parent resides.	17259

(2) A child who does not reside in the district where the	17260
child's parent resides shall be admitted to the schools of the	17261
district in which the child resides if any of the following	17262
applies:	17263

(a) The child is in the legal or permanent custody of a	17264
government agency or a person other than the child's natural or	17265
adoptive parent.	17266

(b) The child resides in a home.

17267

17268

(3) A child who is not entitled under division (B)(2) of	17269
this section to be admitted to the schools of the district where	17270
the child resides and who is residing with a resident of this	17271
state with whom the child has been placed for adoption shall be	17272
admitted to the schools of the district where the child resides	17273
unless either of the following applies:	17274

(a) The placement for adoption has been terminated.

17275

(b) Another school district is required to admit the child	17276
under division (B)(1) of this section.	17277

Division (B) of this section does not prohibit the board of	17278
education of a school district from placing a handicapped child	17279
who resides in the district in a special education program outside	17280
of the district or its schools in compliance with Chapter 3323. of	17281
the Revised Code.	17282

(C) A district shall not charge tuition for children	17283
admitted under division (B)(1) or (3) of this section. If the	17284
district admits a child under division (B)(2) of this section,	17285
tuition shall be paid to the district that admits the child as	17286
follows:	17287

(1) If the child receives special education in accordance	17288
with Chapter 3323. of the Revised Code, tuition shall be paid in	17289
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	17290
the Revised Code regardless of who has custody of the child or	17291
whether the child resides in a home.	17292

(2) Except as otherwise provided in division (C)(2)(d) of	17293
this section, if the child is in the permanent or legal custody of	17294
a government agency or person other than the child's parent,	17295
tuition shall be paid by:	17296

(a) The district in which the child's parent resided at the	17297
time the court removed the child from home or at the time the	17298
court vested legal or permanent custody of the child in the person	17299
or government agency, whichever occurred first;	17300

(b) If the parent's residence at the time the court removed	17301
the child from home or placed the child in the legal or permanent	17302
custody of the person or government agency is unknown, tuition	17303
shall be paid by the district in which the child resided at the	17304
time the child was removed from home or placed in legal or	17305
permanent custody, whichever occurred first;	17306

(c) If a school district cannot be established under	17307
division (C)(2)(a) or (b) of this section, tuition shall be paid	17308
by the district determined as required by section 2151.357 of the	17309
Revised Code by the court at the time it vests custody of the	17310
child in the person or government agency;	17311

(d) If at the time the court removed the child from home or	17312
vested legal or permanent custody of the child in the person or	17313
government agency, whichever occurred first, one parent was in a	17314
residential or correctional facility or a juvenile residential	17315
placement and the other parent, if living and not in such a	17316
facility or placement, was not known to reside in this state,	17317
tuition shall be paid by the district determined under division	17318
(D) of section 3313.65 of the Revised Code as the district	17319
required to pay any tuition while the parent was in such facility	17320
or placement.	17321

(3) If the child is not in the permanent or legal custody of	17322
a government agency or person other than the child's parent and	17323
the child resides in a home, tuition shall be paid by one of the	17324
following:	17325

(a) The school district in which the child's parent resides;

17326

(b) If the child's parent is not a resident of this state,	17327
the home in which the child resides.	17328

(D) Tuition required to be paid under divisions (C)(2) and	17329
(3)(a) of this section shall be computed in accordance with	17330
section 3317.08 of the Revised Code. Tuition required to be paid	17331
under division (C)(3)(b) of this section shall be computed in	17332
accordance with section 3317.081 of the Revised Code. If a home	17333
fails to pay the tuition required by division (C)(3)(b) of this	17334
section, the board of education providing the education may	17335
recover in a civil action the tuition and the expenses incurred in	17336
prosecuting the action, including court costs and reasonable	17337
attorney's fees. If the prosecuting attorney or city director of	17338
law represents the board in such action, costs and reasonable	17339
attorney's fees awarded by the court, based upon the prosecuting	17340
attorney's, director's, or one of their designee's time spent	17341
preparing and presenting the case, shall be deposited in the	17342
county or city general fund.	17343

(E) A board of education may enroll a child free of any	17344
tuition obligation for a period not to exceed sixty days, on the	17345
sworn statement of an adult resident of the district that the	17346
resident has initiated legal proceedings for custody of the child.	17347

(F) In the case of any individual entitled to attend school	17348
under this division, no tuition shall be charged by the school	17349
district of attendance and no other school district shall be	17350
required to pay tuition for the individual's attendance.	17351
Notwithstanding division (B), (C), or (E) of this section:	17352

(1) All persons at least eighteen but under twenty-two years	17353
of age who live apart from their parents, support themselves by	17354
their own labor, and have not successfully completed the high	17355
school curriculum or the individualized education program	17356
developed for the person by the high school pursuant to section	17357
3323.08 of the Revised Code, are entitled to attend school in the	17358
district in which they reside.	17359

(2) Any child under eighteen years of age who is married is	17360
entitled to attend school in the child's district of residence.	17361

(3) A child is entitled to attend school in the district in	17362
which either of the child's parents is employed if the child has a	17363
medical condition that may require emergency medical attention.	17364
The parent of a child entitled to attend school under division	17365
(F)(3) of this section shall submit to the board of education of	17366
the district in which the parent is employed a statement from the	17367
child's physician certifying that the child's medical condition	17368
may require emergency medical attention. The statement shall be	17369
supported by such other evidence as the board may require.	17370

(4) Any child residing with a person other than the child's	17371
parent is entitled, for a period not to exceed twelve months, to	17372
attend school in the district in which that person resides if the	17373
child's parent files an affidavit with the superintendent of the	17374
district in which the person with whom the child is living resides	17375
stating all of the following:	17376

(a) That the parent is serving outside of the state in the	17377
armed services of the United States;	17378

(b) That the parent intends to reside in the district upon	17379
returning to this state;	17380

(c) The name and address of the person with whom the child	17381
is living while the parent is outside the state.	17382

(5) Any child under the age of twenty-two years who, after	17383
the death of a parent, resides in a school district other than the	17384
district in which the child attended school at the time of the	17385
parent's death is entitled to continue to attend school in the	17386
district in which the child attended school at the time of the	17387
parent's death for the remainder of the school year, subject to	17388
approval of that district board.	17389

(6) A child under the age of twenty-two years who resides	17390
with a parent who is having a new house built in a school district	17391
outside the district where the parent is residing is entitled to	17392
attend school for a period of time in the district where the new	17393
house is being built. In order to be entitled to such attendance,	17394
the parent shall provide the district superintendent with the	17395
following:	17396

(a) A sworn statement explaining the situation, revealing	17397
the location of the house being built, and stating the parent's	17398
intention to reside there upon its completion;	17399

(b) A statement from the builder confirming that a new house	17400
is being built for the parent and that the house is at the	17401
location indicated in the parent's statement.	17402

(7) A child under the age of twenty-two years residing with	17403
a parent who has a contract to purchase a house in a school	17404
district outside the district where the parent is residing and who	17405
is waiting upon the date of closing of the mortgage loan for the	17406
purchase of such house is entitled to attend school for a period	17407
of time in the district where the house is being purchased. In	17408
order to be entitled to such attendance, the parent shall provide	17409
the district superintendent with the following:	17410

(a) A sworn statement explaining the situation, revealing	17411
the location of the house being purchased, and stating the	17412
parent's intent to reside there;	17413

(b) A statement from a real estate broker or bank officer	17414
confirming that the parent has a contract to purchase the house,	17415
that the parent is waiting upon the date of closing of the	17416
mortgage loan, and that the house is at the location indicated in	17417
the parent's statement.	17418

The district superintendent shall establish a period of time	17419
not to exceed ninety days during which the child entitled to	17420
attend school under division (F)(6) or (7) of this section may	17421
attend without tuition obligation. A student attending a school	17422
under division (F)(6) or (7) of this section shall be eligible to	17423
participate in interscholastic athletics under the auspices of	17424
that school, provided the board of education of the school	17425
district where the student's parent resides, by a formal action,	17426
releases the student to participate in interscholastic athletics	17427
at the school where the student is attending, and provided the	17428
student receives any authorization required by a public agency or	17429
private organization of which the school district is a member	17430
exercising authority over interscholastic sports.	17431

(8) A child whose parent is a full-time employee of a city,	17432
local, or exempted village school district, or of an educational	17433
service center, may be admitted to the schools of the district	17434
where the child's parent is employed, or in the case of a child	17435
whose parent is employed by an educational service center, in the	17436
district that serves the location where the parent's job is	17437
primarily located, provided the district board of education	17438
establishes such an admission policy by resolution adopted by a	17439
majority of its members. Any such policy shall take effect on the	17440
first day of the school year and the effective date of any	17441
amendment or repeal may not be prior to the first day of the	17442
subsequent school year. The policy shall be uniformly applied to	17443
all such children and shall provide for the admission of any such	17444
child upon request of the parent. No child may be admitted under	17445
this policy after the first day of classes of any school year.	17446

(9) A child who is with the child's parent under the care of	17447
a shelter for victims of domestic violence, as defined in section	17448
3113.33 of the Revised Code, is entitled to attend school free in	17449
the district in which the child is with the child's parent, and no	17450
other school district shall be required to pay tuition for the	17451
child's attendance in that school district.	17452

The enrollment of a child in a school district under this	17453
division shall not be denied due to a delay in the school	17454
district's receipt of any records required under section 3313.672	17455
of the Revised Code or any other records required for enrollment.	17456
Any days of attendance and any credits earned by a child while	17457
enrolled in a school district under this division shall be	17458
transferred to and accepted by any school district in which the	17459
child subsequently enrolls. The state board of education shall	17460
adopt rules to ensure compliance with this division.	17461

(10) Any child under the age of twenty-two years whose	17462
parent has moved out of the school district after the commencement	17463
of classes in the child's senior year of high school is entitled,	17464
subject to the approval of that district board, to attend school	17465
in the district in which the child attended school at the time of	17466
the parental move for the remainder of the school year and for one	17467
additional semester or equivalent term. A district board may also	17468
adopt a policy specifying extenuating circumstances under which a	17469
student may continue to attend school under division (F)(10) of	17470
this section for an additional period of time in order to	17471
successfully complete the high school curriculum for the	17472
individualized education program developed for the student by the	17473
high school pursuant to section 3323.08 of the Revised Code.	17474

(11) As used in this division, "grandparent" means a parent	17475
of a parent of a child. A child under the age of twenty-two years	17476
who is in the custody of the child's parent, resides with a	17477
grandparent, and does not require special education is entitled to	17478
attend the schools of the district in which the child's	17479
grandparent resides, provided that, prior to such attendance in	17480
any school year, the board of education of the school district in	17481
which the child's grandparent resides and the board of education	17482
of the school district in which the child's parent resides enter	17483
into a written agreement specifying that good cause exists for	17484
such attendance, describing the nature of this good cause, and	17485
consenting to such attendance.	17486

In lieu of a consent form signed by a parent, a board of	17487
education may request the grandparent of a child attending school	17488
in the district in which the grandparent resides pursuant to	17489
division (F)(11) of this section to complete any consent form	17490
required by the district, including any authorization required by	17491
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	17492
Upon request, the grandparent shall complete any consent form	17493
required by the district. A school district shall not incur any	17494
liability solely because of its receipt of a consent form from a	17495
grandparent in lieu of a parent.	17496

Division (F)(11) of this section does not create, and shall	17497
not be construed as creating, a new cause of action or substantive	17498
legal right against a school district, a member of a board of	17499
education, or an employee of a school district. This section does	17500
not affect, and shall not be construed as affecting, any	17501
immunities from defenses to tort liability created or recognized	17502
by Chapter 2744. of the Revised Code for a school district,	17503
member, or employee.	17504

(12) A child under the age of twenty-two years is entitled	17505
to attend school in a school district other than the district in	17506
which the child is entitled to attend school under division (B),	17507
(C), or (E) of this section provided that, prior to such	17508
attendance in any school year, both of the following occur:	17509

(a) The superintendent of the district in which the child is	17510
entitled to attend school under division (B), (C), or (E) of this	17511
section contacts the superintendent of another district for	17512
purposes of this division;	17513

(b) The superintendents of both districts enter into a	17514
written agreement that consents to the attendance and specifies	17515
that the purpose of such attendance is to protect the student's	17516
physical or mental well-being or to deal with other extenuating	17517
circumstances deemed appropriate by the superintendents.	17518

While an agreement is in effect under this division for a	17519
student who is not receiving special education under Chapter 3323.	17520
of the Revised Code and notwithstanding Chapter 3327. of the	17521
Revised Code, the board of education of neither school district	17522
involved in the agreement is required to provide transportation	17523
for the student to and from the school where the student attends.	17524

A student attending a school of a district pursuant to this	17525
division shall be allowed to participate in all student	17526
activities, including interscholastic athletics, at the school	17527
where the student is attending on the same basis as any student	17528
who has always attended the schools of that district while of	17529
compulsory school age.	17530

(13) All school districts shall comply with the	17531
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	17532
seq., for the education of homeless children. Each city, local,	17533
and exempted village school district shall comply with the	17534
requirements of that act governing the provision of a free,	17535
appropriate public education, including public preschool, to each	17536
homeless child.	17537

When a child loses permanent housing and becomes a homeless	17538
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	17539
such a homeless person changes temporary living arrangements, the	17540
child's parent or guardian shall have the option of enrolling the	17541
child in either of the following:	17542

(a) The child's school of origin, as defined in 42 U.S.C.A.	17543
11432(g)(3)(C);	17544

(b) The school that is operated by the school district in	17545
which the shelter where the child currently resides is located and	17546
that serves the geographic area in which the shelter is located.	17547

(G) A board of education, after approving admission, may	17548
waive tuition for students who will temporarily reside in the	17549
district and who are either of the following:	17550

(1) Residents or domiciliaries of a foreign nation who	17551
request admission as foreign exchange students;	17552

(2) Residents or domiciliaries of the United States but not	17553
of Ohio who request admission as participants in an exchange	17554
program operated by a student exchange organization.	17555

(H) Pursuant to sections 3311.211, 3313.90, 3319.01,	17556
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may	17557
attend school or participate in a special education program in a	17558
school district other than in the district where the child is	17559
entitled to attend school under division (B) of this section.	17560

(I) This division does not apply to a child receiving	17561
special education.	17562

A school district required to pay tuition pursuant to	17563
division (C)(2) or (3) of this section or section 3313.65 of the	17564
Revised Code shall have an amount deducted under division (F) of	17565
section 3317.023 of the Revised Code equal to its own tuition rate	17566
for the same period of attendance. A school district entitled to	17567
receive tuition pursuant to division (C)(2) or (3) of this section	17568
or section 3313.65 of the Revised Code shall have an amount	17569
credited under division (F) of section 3317.023 of the Revised	17570
Code equal to its own tuition rate for the same period of	17571
attendance. If the tuition rate credited to the district of	17572
attendance exceeds the rate deducted from the district required to	17573
pay tuition, the department of education shall pay the district of	17574
attendance the difference from amounts deducted from all	17575
districts' payments under division (F) of section 3317.023 of the	17576
Revised Code but not credited to other school districts under such	17577
division and from appropriations made for such purpose. The	17578
treasurer of each school district shall, by the fifteenth day of	17579
January and July, furnish the superintendent of public instruction	17580
a report of the names of each child who attended the district's	17581
schools under divisions (C)(2) and (3) of this section or section	17582
3313.65 of the Revised Code during the preceding six calendar	17583
months, the duration of the attendance of those children, the	17584
school district responsible for tuition on behalf of the child,	17585
and any other information that the superintendent requires.	17586

Upon receipt of the report the superintendent, pursuant to	17587
division (F) of section 3317.023 of the Revised Code, shall deduct	17588
each district's tuition obligations under divisions (C)(2) and (3)	17589
of this section or section 3313.65 of the Revised Code and pay to	17590
the district of attendance that amount plus any amount required to	17591
be paid by the state.	17592

(J) In the event of a disagreement, the superintendent of	17593
public instruction shall determine the school district in which	17594
the parent resides.	17595

(K) Nothing in this section requires or authorizes, or shall	17596
be construed to require or authorize, the admission to a public	17597
school in this state of a pupil who has been permanently excluded	17598
from public school attendance by the superintendent of public	17599
instruction pursuant to sections 3301.121 and 3313.662 of the	17600
Revised Code.	17601

Sec. 3314.07. (A) The expiration of the contract for a	17602
community school between a sponsor and a school shall be the date	17603
provided in the contract. A successor contract may be entered	17604
into unless the contract is terminated or not renewed pursuant to	17605
this section.	17606

(B)(1) A sponsor may choose not to renew a contract at its	17607
expiration or may choose to terminate a contract prior to its	17608
expiration for any of the following reasons:	17609

(a) Failure to meet student performance requirements stated	17610
in the contract;	17611

(b) Failure to meet generally accepted standards of fiscal	17612
management;	17613

(c) Violation of any provision of the contract or applicable	17614
state or federal law;	17615

(d) Other good cause.

17616

~~A termination shall be effective only at the conclusion of a~~	17617
~~school year.~~	17618

(2) A sponsor may choose to terminate a contract prior to its	17619
expiration if the sponsor has suspended the operation of the	17620
contract under section 3314.072 of the Revised Code.	17621

(3) At least ~~one hundred eighty~~ ninety days prior to the	17622
termination or nonrenewal of a contract, the sponsor shall notify	17623
the school of the proposed action in writing. The notice shall	17624
include the reasons for the proposed action in detail, the	17625
effective date of the termination or nonrenewal, and a statement	17626
that the school may, within fourteen days of receiving the notice,	17627
request an informal hearing before the sponsor. Such request must	17628
be in writing. The informal hearing shall be held within seventy	17629
days of the receipt of a request for the hearing. Promptly	17630
following the informal hearing, the sponsor shall issue a written	17631
decision either affirming or rescinding the decision to terminate	17632
or not renew the contract.	17633

~~(3)~~(4) A decision by the sponsor to terminate a contract may	17634
be appealed to the state board of education. The decision by the	17635
state board pertaining to an appeal under this division is final.	17636
If the sponsor is the state board, its decision to terminate a	17637
contract under division (B)(4) of this section shall be final.	17638

(5) The termination of a contract under this section shall	17639
be effective upon the occurrence of the later of the following	17640
events:	17641

(a) Ninety days following the date the sponsor notifies the	17642
school of its decision to terminate the contract as prescribed in	17643
division (B)(3) of this section;	17644

(b) If an informal hearing is requested under division	17645
(B)(3) of this section and as a result of that hearing the sponsor	17646
affirms its decision to terminate the contract, the effective date	17647
of the termination specified in the notice issued under division	17648
(B)(3) of this section, or if that decision is appealed to the	17649
state board under division (B)(4) of this section and the state	17650
board affirms that decision, the date established in the	17651
resolution of the state board affirming the sponsor's decision.	17652

(C) A child attending a community school whose contract has	17653
been terminated or, nonrenewed, or suspended or that closes for	17654
any reason shall be admitted to the schools of the district in	17655
which the child is entitled to attend under section 3313.64 or	17656
3313.65 of the Revised Code. Any deadlines established for the	17657
purpose of admitting students under section 3313.97 or 3313.98	17658
shall be waived for students to whom this division pertains.	17659

(D) A sponsor of a community school and the officers,	17660
directors, or employees of such a sponsor are not liable in	17661
damages in a tort or other civil action for harm allegedly arising	17662
from either of the following:	17663

(1) A failure of the community school or any of its	17664
officers, directors, or employees to perform any statutory or	17665
common law duty or responsibility or any other legal obligation;	17666

(2) An action or omission of the community school or any of	17667
its officers, directors, or employees that results in harm.	17668

(E) As used in this section:

17669

(1) "Harm" means injury, death, or loss to person or	17670
property.	17671

(2) "Tort action" means a civil action for damages for	17672
injury, death, or loss to person or property other than a civil	17673
action for damages for a breach of contract or another agreement	17674
between persons.	17675

Sec. 3314.072. The provisions of this section are enacted to	17676
promote the public health, safety, and welfare by establishing	17677
procedures under which the governing authorities of community	17678
schools established under this chapter will be held accountable	17679
for their compliance with the terms of the contracts they enter	17680
into with their school's sponsors and the law relating to the	17681
school's operation. Suspension of the operation of a school	17682
imposed under this section is intended to encourage the governing	17683
authority's compliance with the terms of the school's contract and	17684
the law and is not intended to be an alteration of the terms of	17685
that contract.	17686

(A) If a sponsor of a community school established under	17687
this chapter suspends the operation of that school pursuant to	17688
procedures set forth in this section, the governing authority	17689
shall not operate that school while the suspension is in effect.	17690
Any such suspension shall remain in effect until the sponsor	17691
notifies the governing authority that it is no longer in effect.	17692
The contract of a school of which operation is suspended under	17693
this section also may be subject to termination or nonrenewal	17694
under section 3314.07 of the Revised Code.	17695

(B) If at any time the sponsor of a community school	17696
established under this chapter determines that conditions at the	17697
school do not comply with a health and safety standard established	17698
by law for school buildings, the sponsor shall immediately suspend	17699
the operation of the school pursuant to procedures set forth in	17700
division (D) of this section.	17701

(C)(1) For any of the reasons prescribed in division	17702
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	17703
sponsor of a community school established under this chapter may	17704
suspend the operation of the school only if it first issues to the	17705
governing authority notice of the sponsor's intent to suspend the	17706
operation of the contract. Such notice shall explain the reasons	17707
for the sponsor's intent to suspend operation of the contract and	17708
shall provide the school's governing authority with five business	17709
days to submit to the sponsor a proposal to remedy the conditions	17710
cited as reasons for the suspension.	17711

(2) The sponsor shall promptly review any proposed remedy	17712
timely submitted by the governing authority and either approve or	17713
disapprove the remedy. If the sponsor disapproves the remedy	17714
proposed by the governing authority, if the governing authority	17715
fails to submit a proposed remedy in the manner prescribed by the	17716
sponsor, or if the governing authority fails to implement the	17717
remedy as approved by the sponsor, the sponsor may suspend	17718
operation of the school pursuant to procedures set forth in	17719
division (D) of this section.	17720

(D)(1) If division (B) of this section applies or if the	17721
sponsor of a community school established under this chapter	17722
decides to suspend the operation of a school as permitted in	17723
division (C)(2) of this section, the sponsor shall promptly send	17724
written notice to the governing authority stating that the	17725
operation of the school is immediately suspended, and explaining	17726
the specific reasons for the suspension. The notice shall state	17727
that the governing authority has five business days to submit a	17728
proposed remedy to the conditions cited as reasons for the	17729
suspension or face potential contract termination.	17730

(2) Upon receipt of the notice of suspension prescribed	17731
under division (D)(1) of this section, the governing authority	17732
shall immediately notify the employees of the school and the	17733
parents of the students enrolled in the school of the suspension	17734
and the reasons therefore, and shall cease all school operations	17735
on the next business day.	17736

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

17737

(1) "Base formula amount" means the amount specified as such	17738
in a community school's financial plan for a school year pursuant	17739
to division (A)(15) of section 3314.03 of the Revised Code.	17740

(2) "Cost-of-doing-business factor" has the same meaning as	17741
in section 3317.02 of the Revised Code.	17742

(3) "IEP" means an individualized education program as	17743
defined in section 3323.01 of the Revised Code.	17744

(4) "Applicable special education weight" means:

17745

(a) For a student receiving special education and related	17746
services pursuant to an IEP for a handicap described in division	17747
(A) of section 3317.013 of the Revised Code, the multiple	17748
specified in that division;	17749

(b) For a student receiving special education and related	17750
services pursuant to an IEP for a handicap described in division	17751
(B) of section 3317.013 or division (F)(3) of section 3317.02 of	17752
the Revised Code, the multiple specified in division (B) of	17753
section 3317.013 of the Revised Code.	17754

(5) ~~"Total special education weight" means the sum of the~~	17755
~~following:~~	17756

~~(a) The number of students reported under division (B)(2)(c)~~	17757
~~of this section who are entitled to attend school in the district,~~	17758
~~are enrolled in grades one through twelve in a community school,~~	17759
~~and are receiving from their community school special education~~	17760
~~and related services pursuant to an IEP for a handicap described~~	17761
~~in division (A) of section 3317.013 of the Revised Code,~~	17762
~~multiplied by the multiple specified in division (A) of section~~	17763
~~3317.013 of the Revised Code;~~	17764

~~(b) One-half the number of students reported under division~~	17765
~~(B)(2)(c) of this section who are entitled to attend school in the~~	17766
~~district, are enrolled in kindergarten in a community school, and~~	17767
~~are receiving from their community school special education and~~	17768
~~related services pursuant to an IEP for a handicap described in~~	17769
~~division (A) of section 3317.013 of the Revised Code, multiplied~~	17770
~~by the multiple specified in division (A) of section 3317.013 of~~	17771
~~the Revised Code;~~	17772

~~(c) The number of students reported under division (B)(2)(c)~~	17773
~~of this section who are entitled to attend school in the district,~~	17774
~~are enrolled in grades one through twelve in a community school,~~	17775
~~and are receiving from their community school special education~~	17776
~~and related services pursuant to an IEP for a handicap described~~	17777
~~in division (B) of section 3317.013 or division (F)(3) of section~~	17778
~~3317.02 of the Revised Code, multiplied by the multiple specified~~	17779
~~in division (B) of section 3317.013 of the Revised Code;~~	17780

~~(d) One-half the number of students reported under division~~	17781
~~(B)(2)(c) of this section who are entitled to attend school in the~~	17782
~~district, are enrolled in kindergarten in a community school, and~~	17783
~~are receiving from their community school special education and~~	17784
~~related services pursuant to an IEP for a handicap described in~~	17785
~~division (B) of section 3317.013 or division (F)(3) of section~~	17786
~~3317.02 of the Revised Code, multiplied by the multiple specified~~	17787
~~in division (B) of section 3317.013 of the Revised Code~~	17788
"Applicable vocational education weight" means:	17789

(a) For a student enrolled in vocational education programs	17790
or classes described in division (A) of section 3317.014 of the	17791
Revised Code, the multiple specified in that division;	17792

(b) For a student enrolled in vocational education programs	17793
or classes described in division (B) of section 3317.014 of the	17794
Revised Code, the multiple specified in that division.	17795

(6) "Entitled to attend school" means entitled to attend	17796
school in a district under section 3313.64 or 3313.65 of the	17797
Revised Code.	17798

(7) A community school student is "included in the DPIA	17799
student count" of a school district if the student is entitled to	17800
attend school in the district and:	17801

(a) For school years prior to fiscal year 2004, the	17802
student's family receives assistance under the Ohio works first	17803
program.	17804

(b) For school years in and after fiscal year 2004, the	17805
student's family income does not exceed the federal poverty	17806
guidelines, as defined in section 5101.46 of the Revised Code, and	17807
the student's family receives family assistance, as defined in	17808
section 3317.029 of the Revised Code.	17809

(8) "DPIA reduction factor" means the percentage figure, if	17810
any, for reducing the per pupil amount of disadvantaged pupil	17811
impact aid a community school is entitled to receive pursuant to	17812
divisions (D)~~(4)~~(5) and ~~(5)~~(6) of this section in any year, as	17813
specified in the school's financial plan for the year pursuant to	17814
division (A)(15) of section 3314.03 of the Revised Code.	17815

~~(8)~~(9) "All-day kindergarten" has the same meaning as in	17816
section 3317.029 of the Revised Code.	17817

(B) The state board of education shall adopt rules requiring	17818
both of the following:	17819

(1) The board of education of each city, exempted village,	17820
and local school district to annually report the number of	17821
students entitled to attend school in the district who are	17822
enrolled in grades one through twelve in a community school	17823
established under this chapter, the number of students entitled to	17824
attend school in the district who are enrolled in kindergarten in	17825
a community school, the number of those kindergartners who are	17826
enrolled in all-day kindergarten in their community school, and	17827
for each child, the community school in which the child is	17828
enrolled.	17829

(2) The governing authority of each community school	17830
established under this chapter to annually report all of the	17831
following:	17832

(a) The number of students enrolled in grades one through	17833
twelve and the number of students enrolled in kindergarten in the	17834
school who are not receiving special education and related	17835
services pursuant to an IEP;	17836

(b) The number of enrolled students in grades one through	17837
twelve and the number of enrolled students in kindergarten, who	17838
are receiving special education and related services pursuant to	17839
an IEP;	17840

(c) The number of students reported under division (B)(2)(b)	17841
of this section receiving special education and related services	17842
pursuant to an IEP for a handicap described in each of divisions	17843
(A) and (B) of section 3317.013 and division (F)(3) of section	17844
3317.02 of the Revised Code;	17845

(d) The full-time equivalent number of students reported	17846
under divisions (B)(2)(a) and (b) of this section who are enrolled	17847
in vocational education programs or classes described in each of	17848
divisions (A) and (B) of section 3317.014 of the Revised Code that	17849
are provided by the community school;	17850

(e) The number of enrolled preschool handicapped students	17851
receiving special education services in a state-funded unit;	17852

~~(e)~~(f) The community school's base formula amount;

17853

~~(f)~~(g) For each student, the city, exempted village, or	17854
local school district in which the student is entitled to attend	17855
school;	17856

~~(g)~~(h) Any DPIA reduction factor that applies to a school	17857
year.	17858

(C) From the payments made to a city, exempted village, or	17859
local school district under Chapter 3317. of the Revised Code and,	17860
if necessary, sections 321.14 and 323.156 of the Revised Code, the	17861
department of education shall annually subtract all of the	17862
following:	17863

(1) An amount equal to the sum of the amounts obtained when,	17864
for each community school where the district's students are	17865
enrolled, the number of the district's students reported under	17866
divisions (B)(2)(a) and (b) of this section who are enrolled in	17867
grades one through twelve, and one-half the number of students	17868
reported under those divisions who are enrolled in kindergarten,	17869
in that community school is multiplied by the base formula amount	17870
of that community school as adjusted by the school district's	17871
cost-of-doing-business factor.	17872

(2) The ~~product of the number of district students reported~~	17873
~~under division (B)(2)(c) of this section as enrolled in grades one~~	17874
~~through twelve, and one-half of the number of district students~~	17875
~~reported under that division as enrolled in kindergarten, who are~~	17876
~~receiving special education and related services pursuant to an~~	17877
~~IEP in their respective community schools for a handicap described~~	17878
~~in division (A) or (B) of section 3317.013 or division (F)(3) of~~	17879
~~section 3317.02 of the Revised Code, multiplied by the total~~	17880
~~special education weight times the community school's base formula~~	17881
~~amount;~~ sum of the amounts calculated under divisions (C)(2)(a)	17882
and (b) of this section:	17883

(a) For each of the district's students reported under	17884
division (B)(2)(c) of this section as enrolled in a community	17885
school in grades one through twelve and receiving special	17886
education and related services pursuant to an IEP for a handicap	17887
described in section 3317.013 or division (F)(3) of section	17888
3317.02 of the Revised Code, the product of the applicable weight	17889
times the community school's base formula amount;	17890

(b) For each of the district's students reported under	17891
division (B)(2)(c) of this section as enrolled in kindergarten in	17892
a community school and receiving special education and related	17893
services pursuant to an IEP for a handicap described in section	17894
3317.013 or division (F)(3) of section 3317.02 of the Revised	17895
Code, one-half of the amount calculated as prescribed in division	17896
(C)(2)(a) of this section.	17897

(3) For each of the district's students reported under	17898
division (B)(2)(d) of this section for whom payment is made under	17899
division (D)(4) of this section, the amount of that payment;	17900

(4) An amount equal to the sum of the amounts obtained when,	17901
for each community school where the district's students are	17902
enrolled, the number of the district's students enrolled in that	17903
community school ~~and residing in the district in a family~~	17904
~~participating in Ohio works first under Chapter 5107. of the~~	17905
~~Revised Code~~ who are included in the district's DPIA student count	17906
is multiplied by the per pupil amount of disadvantaged pupil	17907
impact aid the school district receives that year pursuant to	17908
division (B) or (C) of section 3317.029 of the Revised Code, as	17909
adjusted by any DPIA reduction factor of that community school. If	17910
the district receives disadvantaged pupil impact aid under	17911
division (B) of that section, the per pupil amount of that aid is	17912
the quotient of the amount the district received under that	17913
division divided by the ~~number of children ages five through~~	17914
~~seventeen residing in the district and living in a family~~	17915
~~participating in Ohio works first, as most recently reported under~~	17916
~~section 3317.10 of the Revised Code~~ district's DPIA student count,	17917
as defined in that section. If the district receives	17918
disadvantaged pupil impact aid under division (C) of section	17919
3317.029 of the Revised Code, the per pupil amount of that aid is	17920
the per pupil dollar amount prescribed for the district in	17921
division (C)(1) or (2) of that section.	17922

~~(4)~~(5) An amount equal to the sum of the amounts obtained	17923
when, for each community school where the district's students are	17924
enrolled, the district's per pupil amount of aid received under	17925
division (E) of section 3317.029 of the Revised Code, as adjusted	17926
by any DPIA reduction factor of the community school, is	17927
multiplied by the sum of the following:	17928

(a) The number of the district's students reported under	17929
division (B)(2)(a) of this section who are enrolled in grades one	17930
to three in that community school and who are not receiving	17931
special education and related services pursuant to an IEP;	17932

(b) One-half of the district's students who are enrolled in	17933
all-day or any other kindergarten class in that community school	17934
and who are not receiving special education and related services	17935
pursuant to an IEP;	17936

(c) One-half of the district's students who are enrolled in	17937
all-day kindergarten in that community school and who are not	17938
receiving special education and related services pursuant to an	17939
IEP.	17940

The district's per pupil amount of aid under division (E) of	17941
section 3317.029 of the Revised Code is the quotient of the amount	17942
the district received under that division divided by the	17943
district's kindergarten through third grade ADM, as defined in	17944
that section.	17945

(D) The department shall annually pay to a community school	17946
established under this chapter all of the following:	17947

(1) An amount equal to the sum of the amounts obtained when	17948
the number of students enrolled in grades one through twelve, plus	17949
one-half of the kindergarten students in the school, reported	17950
under divisions (B)(2)(a) and (b) of this section who are not	17951
receiving special education and related services pursuant to an	17952
IEP for a handicap described in division (A) or (B) of section	17953
3317.013 or division (F)(3) of section 3317.02 of the Revised Code	17954
is multiplied by the community school's base formula amount, as	17955
adjusted by the cost-of-doing-business factor of the school	17956
district in which the student is entitled to attend school;	17957

(2) The greater of the following:

17958

(a) The aggregate amount that the department paid to the	17959
community school in fiscal year 1999 for students receiving	17960
special education and related services pursuant to IEPs, excluding	17961
federal funds and state disadvantaged pupil impact aid funds;	17962

(b) The sum of the amounts calculated under divisions	17963
(D)(2)(b)(i) and (ii) of this section:	17964

(i) For each student reported under division (B)(2)(c) of	17965
this section as enrolled in the school in grades one through	17966
twelve and receiving special education and related services	17967
pursuant to an IEP for a handicap described in division (A) or (B)	17968
of section 3317.013 or division (F)(3) of section 3317.02 of the	17969
Revised Code, the following amount:	17970

(the community school's base formula amount X the

17971

cost-of-doing-business factor of the district where the student

17972

is entitled to attend school) + (the applicable special education	17973
weight	17974

X the community school's base formula amount);

17975

(ii) For each student reported under division (B)(2)(c) of	17976
this section as enrolled in kindergarten and receiving special	17977
education and related services pursuant to an IEP for a handicap	17978
described in division (A) or (B) of section 3317.013 or division	17979
(F)(3) of section 3317.02 of the Revised Code, one-half of the	17980
amount calculated under the formula prescribed in division	17981
(D)(2)(b)(i) of this section.	17982

(3) An amount received from federal funds to provide special	17983
education and related services to students in the community	17984
school, as determined by the superintendent of public instruction.	17985

(4) For each student reported under division (B)(2)(d) of	17986
this section as enrolled in vocational education programs or	17987
classes that are described in section 3317.014 of the Revised	17988
Code, are provided by the community school, and are comparable as	17989
determined by the superintendent of public instruction to school	17990
district vocational education programs and classes eligible for	17991
state weighted funding under section 3317.014 of the Revised Code,	17992
an amount equal to the applicable vocational education weight	17993
times the community school's base formula amount times the	17994
percentage of time the student spends in the vocational education	17995
programs or classes.	17996

(5) An amount equal to the sum of the amounts obtained when,	17997
for each school district where the community school's students are	17998
entitled to attend school, the number of that district's students	17999
enrolled in the community school ~~and participating in Ohio works~~	18000
~~first~~ who are included in the district's DPIA student count is	18001
multiplied by the per pupil amount of disadvantaged pupil impact	18002
aid that school district receives that year pursuant to division	18003
(B) or (C) of section 3317.029 of the Revised Code, as adjusted by	18004
any DPIA reduction factor of the community school. The per pupil	18005
amount of aid shall be determined as described in division	18006
(C)~~(3)~~(4) of this section.	18007

~~(5)~~(6) An amount equal to the sum of the amounts obtained	18008
when, for each school district where the community school's	18009
students are entitled to attend school, the district's per pupil	18010
amount of aid received under division (E) of section 3317.029 of	18011
the Revised Code, as adjusted by any DPIA reduction factor of the	18012
community school, is multiplied by the sum of the following:	18013

(a) The number of the district's students reported under	18014
division (B)(2)(a) of this section who are enrolled in grades one	18015
to three in that community school and who are not receiving	18016
special education and related services pursuant to an IEP;	18017

(b) One-half of the district's students who are enrolled in	18018
all-day or any other kindergarten class in that community school	18019
and who are not receiving special education and related services	18020
pursuant to an IEP;	18021

(c) One-half of the district's students who are enrolled in	18022
all-day kindergarten in that community school and who are not	18023
receiving special education and related services pursuant to an	18024
IEP.	18025

The district's per pupil amount of aid under division (E) of	18026
section 3317.029 of the Revised Code shall be determined as	18027
described in division (C)~~(4)~~(5) of this section.	18028

(E)(1) If a community school's costs for a fiscal year for a	18029
student receiving special education and related services pursuant	18030
to an IEP for a handicap described in ~~division (F)(3) of~~ section	18031
~~3317.02~~ 3317.013 of the Revised Code are twenty-five thousand	18032
dollars or more, the school may submit to the superintendent of	18033
public instruction documentation, as prescribed by the	18034
superintendent, of all its costs for that student. Upon	18035
submission of documentation for a student of the type and in the	18036
manner prescribed, the department shall pay to the community	18037
school an amount equal to the school's costs for the student in	18038
excess of twenty-five thousand dollars.	18039

(2) In fiscal year 2002, if a community school's costs for a	18040
student receiving special education and related services pursuant	18041
to an IEP for a handicap described in division (F)(3) of section	18042
3317.02 of the Revised Code are twenty-five thousand dollars or	18043
more, the school may submit to the superintendent of public	18044
instruction documentation, as prescribed by the superintendent, of	18045
all its costs for that student. Upon submission of documentation	18046
for a student of the type and in the manner prescribed, the	18047
department shall pay to the community school an amount equal to	18048
the school's costs for the student in excess of twenty-five	18049
thousand dollars.	18050

(3) In any fiscal year after fiscal year 2002, if a community	18051
school's costs for a student receiving special education and	18052
related services pursuant to an IEP for a handicap described in	18053
division (F)(3) of section 3317.02 of the Revised Code are twenty	18054
thousand dollars or more, the school may submit to the	18055
superintendent of public instruction documentation, as prescribed	18056
by the superintendent, of all its costs for that student. Upon	18057
submission of documentation for a student of the type and in the	18058
manner prescribed, the department shall pay to the community	18059
school an amount equal to the school's costs for the student in	18060
excess of twenty thousand dollars.	18061

(4) The community school shall only report under divisions	18062
(E)(1) to (3) of this section, and the department shall only pay	18063
for, the costs of educational expenses and the related services	18064
provided to the student in accordance with the student's	18065
individualized education program. Any legal fees, court costs, or	18066
other costs associated with any cause of action relating to the	18067
student may not be included in the amount.	18068

(F) A community school may apply to the department of	18069
education for preschool handicapped or gifted unit funding the	18070
school would receive if it were a school district. Upon request	18071
of its governing authority, a community school that received unit	18072
funding as a school district-operated school before it became a	18073
community school shall retain any units awarded to it as a school	18074
district-operated school provided the school continues to meet	18075
eligibility standards for the unit.	18076

A community school shall be considered a school district and	18077
its governing authority shall be considered a board of education	18078
for the purpose of applying to any state or federal agency for	18079
grants that a school district may receive under federal or state	18080
law or any appropriations act of the general assembly. The	18081
governing authority of a community school may apply to any private	18082
entity for additional funds.	18083

(G) A board of education sponsoring a community school may	18084
utilize local funds to make enhancement grants to the school or	18085
may agree, either as part of the contract or separately, to	18086
provide any specific services to the community school at no cost	18087
to the school.	18088

(H) A community school may not levy taxes or issue bonds	18089
secured by tax revenues.	18090

(I) No community school shall charge tuition for the	18091
enrollment of any student.	18092

(J) A community school may borrow money to pay any necessary	18093
and actual expenses of the school in anticipation of the receipt	18094
of any portion of the payments to be received by the school	18095
pursuant to division (D) of this section. The school may issue	18096
notes to evidence such borrowing to mature no later than the end	18097
of the fiscal year in which such money was borrowed. The proceeds	18098
of the notes shall be used only for the purposes for which the	18099
anticipated receipts may be lawfully expended by the school.	18100

(K) For purposes of determining the number of students for	18101
which divisions (D)~~(4)~~(5) and ~~(5)~~(6) of this section applies in	18102
any school year, a community school may submit to the department	18103
of job and family services, no later than the first day of March,	18104
a list of the students enrolled in the school. For each student	18105
on the list, the community school shall indicate the student's	18106
name, address, and date of birth and the school district where the	18107
student is entitled to attend school. Upon receipt of a list	18108
under this division, the department of job and family services	18109
shall determine, for each school district where one or more	18110
students on the list is entitled to attend school, the number of	18111
students residing in that school district who were included in the	18112
department's report under section 3317.10 of the Revised Code. The	18113
department shall make this determination on the basis of	18114
information readily available to it. Upon making this	18115
determination and no later than ninety days after submission of	18116
the list by the community school, the department shall report to	18117
the state department of education the number of students on the	18118
list who reside in each school district who were included in the	18119
department's report under section 3317.10 of the Revised Code. In	18120
complying with this division, the department of job and family	18121
services shall not report to the state department of education any	18122
personally identifiable information on any student.	18123

(L) The department of education shall adjust the amounts	18124
subtracted and paid under divisions (C) and (D) of this section to	18125
reflect any enrollment of students in community schools for less	18126
than the equivalent of a full school year. For purposes of this	18127
section, a student shall be considered enrolled in the community	18128
school for any portion of the school year the student is	18129
participating at a college under Chapter 3365. of the Revised	18130
Code.	18131

(M) The department of education shall reduce the amounts	18132
paid under division (D) of this section to reflect payments made	18133
to colleges under division (B) of section 3365.07 of the Revised	18134
Code.	18135

(N) Beginning with the school year that starts on July 1,	18136
2001, the department shall reduce the amounts otherwise payable	18137
under division (D) of this section to any internet or	18138
computer-based community school that includes in its program the	18139
provision of computer hardware and software materials to each	18140
student, if such hardware and software materials have not been	18141
delivered, installed, and activated for all students by the end of	18142
the first full week of school. The amount of the reduction shall	18143
be a pro-rated amount of the total due to the school for the	18144
student under division (D) of this section, based on the amount of	18145
lost instructional time resulting from the lack of computer access	18146
for each student not provided the hardware and software by the end	18147
of the first full week of school. The department of education	18148
shall determine such reductions and shall continue to make	18149
reductions as long as the hardware and software is not delivered,	18150
installed, and activated for all students.	18151

The superintendent of public instruction and the auditor of	18152
state shall jointly establish a method for auditing each community	18153
school to which this division pertains to ensure compliance with	18154
this section. The superintendent and auditor of state shall	18155
jointly consult with the governor, the sponsors of established	18156
internet-based community schools, and any others they may wish to	18157
include and shall make recommendations to the general assembly for	18158
legislative changes that may be required to assure fiscal and	18159
academic accountability for such internet or computer-based	18160
schools.	18161

Sec. 3314.09. (A) As used in this section and section	18162
3314.091 of the Revised Code, "native student" means a student	18163
entitled to attend school in the school district under section	18164
3313.64 or 3313.65 of the Revised Code.	18165

~~The~~ (B) Except as provided in section 3314.091 of the	18166
Revised Code, the board of education of each city, local, and	18167
exempted village school district shall provide transportation to	18168
and from school for its district's native students enrolled in a	18169
community school located in that district or another district on	18170
the same basis that it provides transportation for its native	18171
students enrolled in schools to which they are assigned by the	18172
board of education at the same grade level and who live the same	18173
distance from school except when, in the judgment of the board,	18174
confirmed by the state board of education, the transportation is	18175
unnecessary or unreasonable. A board shall not be required to	18176
transport nonhandicapped students to and from a community school	18177
located in another school district if the transportation would	18178
require more than thirty minutes of direct travel time as measured	18179
by school bus from the collection point designated by the	18180
district's coordinator of school transportation.	18181

(C) Where it is impractical to transport a pupil to and from	18182
a community school by school conveyance, a board may, in lieu of	18183
providing the transportation, pay a parent, guardian, or other	18184
person in charge of the child. The amount paid per pupil shall in	18185
no event exceed the average transportation cost per pupil, which	18186
shall be based on the cost of transportation of children by all	18187
boards of education in this state during the next preceding year.	18188

(D) The daily and annual instructional schedules of a	18189
community school are the sole responsibility of the community	18190
school's governing authority, and are subject only to the	18191
requirements of this chapter and the governing authority's	18192
contract with its sponsor. Each school district board of	18193
education that is required to provide transportation for community	18194
school students under this section shall provide the	18195
transportation in accordance with those schedules so that students	18196
may be present on time and at all times that the community school	18197
is open for instruction.	18198

Sec. 3314.091. (A) A school district is not required to	18199
provide transportation for any native student enrolled in a	18200
community school if the district board of education has entered	18201
into an agreement with the community school's governing authority	18202
that designates the community school as responsible for providing	18203
or arranging for the transportation of the district's native	18204
students to and from the community school. For any such agreement	18205
to be effective, it must be certified by the superintendent of	18206
public instruction as having met both of the following	18207
requirements:	18208

(1) It is submitted to the department of education by a	18209
deadline which shall be established by the department.	18210

(2) It specifies qualifications, such as residing a minimum	18211
distance from the school, for students to have their	18212
transportation provided or arranged.	18213

(B)(1) A community school governing board that enters into	18214
an agreement to provide transportation under this section shall	18215
provide or arrange transportation free of any charge for each of	18216
its enrolled students in grades kindergarten through eight who	18217
live more than two miles from the school, except that the	18218
governing board may make a payment in lieu of providing	18219
transportation to the parent, guardian, or person in charge of the	18220
student at the same rate as specified for a school district board	18221
in division (C) of section 3314.09 of the Revised Code if the	18222
drive time measured by the vehicle specified by the school for	18223
transporting the students from the student's residence to the	18224
school is more than thirty minutes. The governing board may	18225
provide or arrange transportation for any other enrolled student	18226
and may charge a fee for such service. The governing board may	18227
request the payment specified under division (C) of this section	18228
for any student it transports, for whom it arranges	18229
transportation, or for whom it makes a payment in lieu of	18230
providing transportation if the student lives more than one mile	18231
from the community school.	18232

(2) Notwithstanding anything to the contrary in division	18233
(B)(1) of this section, a community school governing board shall	18234
provide or arrange transportation free of any charge for any	18235
disabled student enrolled in the school for whom the student's	18236
individualized education program developed under Chapter 3323. of	18237
the Revised Code specifies transportation.	18238

(C)(1) If a school district board and a community school	18239
governing authority elect to enter into an agreement under this	18240
section, the department of education annually shall pay the	18241
community school the amount specified in division (C)(2) of this	18242
section for each of the enrolled students for whom the school's	18243
governing authority provides or arranges transportation to and	18244
from school. The department shall deduct the payment from the	18245
state payment under Chapter 3317. and, if necessary, sections	18246
321.14 and 323.156 of the Revised Code that is otherwise paid to	18247
the school district in which the student enrolled in the community	18248
school resides. The department shall include the number of the	18249
district's native students for whom payment is made to a community	18250
school under this division in the calculation of the district's	18251
transportation payment under division (D) of section 3317.022 of	18252
the Revised Code.	18253

A community school shall be paid under this division only for	18254
students who live more than one mile from the school and whose	18255
transportation to and from school is actually provided or arranged	18256
or for whom a payment in lieu of transportation is made by the	18257
community school's governing authority. To qualify for the	18258
payments, the community school shall report to the department, in	18259
the form and manner required by the department, data on the	18260
number of students transported or whose transportation is	18261
arranged, the number of miles traveled, cost to transport, and any	18262
other information requested by the department.	18263

A community school shall use payments received under this	18264
division solely to pay the costs of providing or arranging for the	18265
transportation of students who live more than one mile from the	18266
school, which may include payments to a parent, guardian, or other	18267
person in charge of a child in lieu of transportation.	18268

(2) The payment to a community school governing authority	18269
under this section for each student who lives more than one mile	18270
from the school or who is disabled and whose individualized	18271
education program requires transportation and for whom the school	18272
actually provides or arranges transportation or makes a payment in	18273
lieu of providing transportation, shall be made according to the	18274
following schedule:	18275

(a) In fiscal year 2002, four-hundred fifty dollars per	18276
student;	18277

(b) In fiscal year 2003 and every fiscal year thereafter,	18278
the amount specified in division (C)(2)(a) of this section	18279
multiplied by the negative or positive percentage of change	18280
reported in the consumer price index (all urban consumers,	18281
transportation) by the bureau of labor statistics of the United	18282
States department of labor from the beginning of the calendar year	18283
that ended just prior to the beginning of the fiscal year to the	18284
end of that calendar year.	18285

(D) Except when arranged through payment to a parent,	18286
guardian, or person in charge of a child, transportation provided	18287
or arranged for by a community school pursuant to an agreement	18288
under this section is subject to all provisions of the Revised	18289
Code, and all rules adopted under the Revised Code, pertaining to	18290
the construction, design, equipment, and operation of school buses	18291
and other vehicles transporting students to and from school. The	18292
drivers and mechanics of the vehicles are subject to all	18293
provisions of the Revised Code, and all rules adopted under the	18294
Revised Code, pertaining to drivers and mechanics of such	18295
vehicles. The community school also shall comply with sections	18296
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	18297
of the Revised Code as if it were a school district. For purposes	18298
of complying with section 3327.10 of the Revised Code, the	18299
educational service center that serves the county in which the	18300
community school is located shall be the certifying agency, unless	18301
the agreement designates the school district as the certifying	18302
agency.	18303

Sec. 3316.20. (A)(1) The school district solvency	18304
assistance fund is hereby created in the state treasury, to	18305
consist of such amounts designated for the purposes of the fund by	18306
the general assembly. The fund shall be used to provide	18307
assistance and grants to school districts to enable them to remain	18308
solvent and to pay unforseeable expenses of a temporary or	18309
emergency nature that they are unable to pay from existing	18310
resources.	18311

(2) There is hereby created within the fund an account known	18312
as the school district shared resource account, which shall	18313
consist of money appropriated to it by the general assembly. The	18314
money in the account shall be used solely for solvency assistance	18315
to school districts that have been declared under division (B)~~(1)~~	18316
~~or (5)~~ of section 3316.03 of the Revised Code to be in a state of	18317
fiscal emergency ~~because of a certified operating deficit~~	18318
~~exceeding ten per cent~~.	18319

(3) There is hereby created within the fund an account known	18320
as the catastrophic expenditures account, which shall consist of	18321
money appropriated to the account by the general assembly plus all	18322
investment earnings of the fund. Money in the account shall be	18323
used solely for the following:	18324

(a) Solvency assistance to school districts that have been	18325
declared under division (B)~~(1) or (5)~~ of section 3316.03 of the	18326
Revised Code to be in a state of fiscal emergency ~~because of a~~	18327
~~certified operating deficit exceeding ten per cent~~, in the event	18328
that all money in the shared resource account is utilized for	18329
solvency assistance;	18330

(b) Grants to school districts under division (C) of this	18331
section.	18332

(B) Solvency assistance payments under division (A)(2) or	18333
(3)(a) of this section shall be made from the fund by the	18334
superintendent of public instruction in accordance with rules	18335
adopted by the director of budget and management, after	18336
consulting with the superintendent, specifying approval criteria	18337
and procedures necessary for administering the fund.	18338

The fund shall be reimbursed for any solvency assistance	18339
amounts paid under division (A)(2) or (3)(a) of this section not	18340
later than the end of the second fiscal year following the fiscal	18341
year in which the solvency assistance payment was made. If not	18342
made directly by the school district, such reimbursement shall be	18343
made by the director of budget and management from the amounts the	18344
school district would otherwise receive pursuant to sections	18345
3317.022 to 3317.025 of the Revised Code, or from any other funds	18346
appropriated for the district by the general assembly.	18347
Reimbursements shall be credited to the respective account from	18348
which the solvency assistance paid to the district was deducted.	18349

(C) The superintendent of public instruction may make	18350
recommendations, and the controlling board may grant money from	18351
the catastrophic expenditures account to any school district that	18352
suffers an unforeseen catastrophic event that severely depletes	18353
the district's financial resources. The superintendent shall make	18354
recommendations for the grants in accordance with rules adopted by	18355
the director of budget and management after consulting with the	18356
superintendent. A school district shall not be required to repay	18357
any grant awarded to the district under this division unless the	18358
district receives money from a third party, including an agency of	18359
the government of the United States, specifically for the purpose	18360
of compensating the district for expenses incurred as a result of	18361
the unforeseen catastrophic event.	18362

Sec. 3317.012. (A)(1) The general assembly, having analyzed	18363
school district expenditure and cost data for fiscal year ~~1996~~	18364
1999, performed the calculation described in division (B) of this	18365
section, ~~and~~ adjusted the results for inflation, and added the	18366
amounts described in division (A)(2) of this section, hereby	18367
determines that the base cost of an adequate education per pupil	18368
for the fiscal year beginning July 1, ~~1998~~ 2001, is ~~$4,063~~ $4,814.	18369
For the five following fiscal years, the base cost per pupil for	18370
each of those years, reflecting an annual rate of inflation of two	18371
and eight-tenths per cent, is ~~$4,177~~ $4,949 for fiscal year ~~2000~~	18372
2003, ~~$4,294~~ $5,088 for fiscal year ~~2001~~ 2004, ~~$4,414~~ $5,230 for	18373
fiscal year ~~2002~~ 2005, ~~$4,538~~ $5,376 for fiscal year ~~2003~~ 2006,	18374
and ~~$4,665~~ $5,527 for fiscal year ~~2004~~ 2007.	18375

(2) The base cost per pupil amounts specified in division	18376
(A)(1) of this section include amounts to reflect the cost to	18377
school districts of increasing the minimum number of high school	18378
academic units required for graduation beginning September 15,	18379
2001, under section 3313.603 of the Revised Code. Analysis of	18380
fiscal year 1999 data revealed that the school districts meeting	18381
the requirements of division (B) of this section on average	18382
required high school students to complete a minimum of nineteen	18383
and eight-tenths units to graduate. The general assembly	18384
determines that the cost of funding the additional two-tenths unit	18385
required by section 3313.603 of the Revised Code is $12 per pupil	18386
in fiscal year 2002. This amount was added after the calculation	18387
described in division (B) of this section and the adjustment for	18388
inflation from fiscal year 1999 to fiscal year 2002. It is this	18389
total amount, the calculated base cost plus the supplement to pay	18390
for the additional partial unit, that constitutes the base cost	18391
amount specified in division (A)(1) of this section for fiscal	18392
year 2002 and that is inflated to produce the base cost amounts	18393
for fiscal years 2003 through 2007.	18394

(B) In determining the base cost stated in division (A) of	18395
this section, capital and debt costs, costs paid for by federal	18396
funds, and costs covered by funds provided ~~pursuant to sections~~	18397
~~3317.023 and 3317.024 of the Revised Code as they existed prior to~~	18398
~~July 1, 1998,~~ for disadvantaged pupil impact aid and	18399
transportation were excluded, as were the effects on the	18400
districts' state funds of the application of the	18401
cost-of-doing-business factors, assuming ~~an eighteen~~ a seven and	18402
one-half per cent variance.	18403

The base cost for fiscal year ~~1996~~ 1999 was calculated as the	18404
unweighted average cost per student, on a school district basis,	18405
of educating students who were not receiving vocational education	18406
or services pursuant to Chapter 3323. of the Revised Code and who	18407
were enrolled in a city, exempted village, or local school	18408
district that in fiscal year ~~1994~~ 1999 met all of the following	18409
criteria:	18410

(1) The district met at least ~~all but one~~ twenty of the	18411
following twenty-seven performance standards:	18412

(a) A ~~three~~ ninety per cent or ~~lower dropout~~ higher	18413
graduation rate;	18414

(b) At least seventy-five per cent of fourth graders	18415
proficient on the mathematics test prescribed under division	18416
(A)(1) of section 3301.0710 of the Revised Code;	18417

(c) At least seventy-five per cent of fourth graders	18418
proficient on the reading test prescribed under division (A)(1) of	18419
section 3301.0710 of the Revised Code;	18420

(d) At least seventy-five per cent of fourth graders	18421
proficient on the writing test prescribed under division (A)(1) of	18422
section 3301.0710 of the Revised Code;	18423

(e) At least seventy-five per cent of fourth graders	18424
proficient on the citizenship test prescribed under division	18425
(A)(1) of section 3301.0710 of the Revised Code;	18426

(f) At least seventy-five per cent of fourth graders	18427
proficient on the science test prescribed under division (A)(1) of	18428
section 3301.0710 of the Revised Code;	18429

(g) At least seventy-five per cent of sixth graders	18430
proficient on the mathematics test prescribed under division	18431
(A)(2) of section 3301.0710 of the Revised Code;	18432

(h) At least seventy-five per cent of sixth graders	18433
proficient on the reading test prescribed under division (A)(2) of	18434
section 3301.0710 of the Revised Code;	18435

(i) At least seventy-five per cent of sixth graders	18436
proficient on the writing test prescribed under division (A)(2) of	18437
section 3301.0710 of the Revised Code;	18438

(j) At least seventy-five per cent of sixth graders	18439
proficient on the citizenship test prescribed under division	18440
(A)(2) of section 3301.0710 of the Revised Code;	18441

(k) At least seventy-five per cent of sixth graders	18442
proficient on the science test prescribed under division (A)(2) of	18443
section 3301.0710 of the Revised Code;	18444

(l) At least seventy-five per cent of ninth graders	18445
proficient on the mathematics test prescribed under ~~former~~	18446
~~division (B) of section 3301.0710 of the Revised Code~~ Section 4 of	18447
Am. Sub. S.B. 55 of the 122nd general assembly;	18448

~~(g)~~(m) At least seventy-five per cent of ninth graders	18449
proficient on the reading test prescribed under ~~former division~~	18450
~~(B) of section 3301.0710 of the Revised Code~~ Section 4 of Am. Sub.	18451
S.B. 55 of the 122nd general assembly;	18452

~~(h)~~(n) At least seventy-five per cent of ninth graders	18453
proficient on the writing test prescribed under ~~former division~~	18454
~~(B) of section 3301.0710 of the Revised Code~~ Section 4 of Am. Sub.	18455
S.B. 55 of the 122nd general assembly;	18456

~~(i)~~(o) At least seventy-five per cent of ninth graders	18457
proficient on the citizenship test prescribed under ~~former~~	18458
~~division (B) of section 3301.0710 of the Revised Code~~ Section 4 of	18459
Am. Sub. S.B. 55 of the 122nd general assembly;	18460

~~(j)~~(p) At least seventy-five per cent of ninth graders	18461
proficient on the science test prescribed under Section 4 of Am.	18462
Sub. S.B. 55 of the 122nd general assembly;	18463

(q) At least eighty-five per cent of tenth graders proficient	18464
on the mathematics test prescribed under ~~former division (B) of~~	18465
~~section 3301.0710 of the Revised Code~~ Section 4 of Am. Sub. S.B.	18466
55 of the 122nd general assembly;	18467

~~(k)~~(r) At least eighty-five per cent of tenth graders	18468
proficient on the reading test prescribed under ~~former division~~	18469
~~(B) of section 3301.0710 of the Revised Code~~ Section 4 of Am. Sub.	18470
S.B. 55 of the 122nd general assembly;	18471

~~(l)~~(s) At least eighty-five per cent of tenth graders	18472
proficient on the writing test prescribed under ~~former division~~	18473
~~(B) of section 3301.0710 of the Revised Code~~ Section 4 of Am. Sub.	18474
S.B. 55 of the 122nd general assembly;	18475

~~(m)~~(t) At least eighty-five per cent of tenth graders	18476
proficient on the citizenship test prescribed under ~~former~~	18477
~~division (B) of section 3301.0710 of the Revised Code~~ Section 4 of	18478
Am. Sub. S.B. 55 of the 122nd general assembly;	18479

~~(n)~~(u) At least eighty-five per cent of tenth graders	18480
proficient on the science test prescribed under Section 4 of Am.	18481
Sub. S.B. 55 of the 122nd general assembly;	18482

(v) At least sixty per cent of twelfth graders proficient on	18483
the mathematics test prescribed under division (A)(3) of section	18484
3301.0710 of the Revised Code;	18485

~~(o)~~(w) At least sixty per cent of twelfth graders proficient	18486
on the reading test prescribed under division (A)(3) of section	18487
3301.0710 of the Revised Code;	18488

~~(p)~~(x) At least sixty per cent of twelfth graders proficient	18489
on the writing test prescribed under division (A)(3) of section	18490
3301.0710 of the Revised Code;	18491

~~(q)~~(y) At least sixty per cent of twelfth graders proficient	18492
on the citizenship test prescribed under division (A)(3) of	18493
section 3301.0710 of the Revised Code;	18494

~~(r)~~(z) At least sixty per cent of twelfth graders proficient	18495
on the science test prescribed under division (A)(3) of section	18496
3301.0710 of the Revised Code;	18497

(aa) An attendance rate for the year of at least	18498
ninety-three per cent as defined in section 3302.01 of the Revised	18499
Code.	18500

In determining whether a school district met any of the	18501
performance standards specified in divisions (B)(1)(a) to (aa) of	18502
this section, the general assembly used a rounding procedure	18503
previously recommended by the department of education. It is the	18504
same rounding procedure the general assembly used in 1998 to	18505
determine whether a district had met the standards of former	18506
divisions (B)(1)(a) to (r) of this section for purposes of	18507
constructing the previous model based on fiscal year 1996 data.	18508

(2) The district was not among the ~~ten~~ five per cent of all	18509
districts with the highest income ~~factors, as defined in section~~	18510
~~3317.02 of the Revised Code~~, nor among the ~~ten~~ five per cent of	18511
all districts with the lowest income ~~factors~~.	18512

(3) The district was not among the five per cent of all	18513
districts with the highest valuation per pupil ~~in ADM, as reported~~	18514
~~under division (A) of section 3317.03 of the Revised Code as it~~	18515
~~existed prior to July 1, 1998~~, nor among the five per cent of all	18516
districts with the lowest valuation per pupil.	18517

This model for calculating the base cost of an adequate	18518
education is expenditure-based. The general assembly recognizes	18519
that increases in state funding to school districts since fiscal	18520
year 1996, the fiscal year upon which the general assembly based	18521
its model for calculating state funding to school districts for	18522
fiscal years 1999 through 2001, has increased school district base	18523
cost expenditures for fiscal year 1999, the fiscal year upon which	18524
the general assembly based its model for calculating state funding	18525
for fiscal years 2002 through 2007. In the case of school	18526
districts included in the fiscal year 1999 model that also had met	18527
the fiscal year 1996 performance criteria of former division	18528
(B)(1) of this section, the increased state funding may have	18529
driven the districts' expenditures beyond the expenditures that	18530
were actually needed to maintain their educational programs at the	18531
level necessary to maintain their ability to meet the fiscal year	18532
1999 performance criteria of current division (B)(1) of this	18533
section. The general assembly has determined to control for this	18534
effect by stipulating in the later model that the fiscal year 1999	18535
base cost expenditures of the districts that also met the	18536
performance criteria of former division (B)(1) of this section	18537
equals their base cost expenditures per pupil for fiscal year	18538
1996, inflated to fiscal year 1999 using an annual rate of	18539
inflation of two and eight-tenths per cent. However, if this	18540
inflated amount exceeded the district's actual fiscal year 1999	18541
base cost expenditures per pupil, the district's actual fiscal	18542
year 1999 base cost expenditures per pupil were used in the	18543
calculation. For districts in the 1999 model that did not also	18544
meet the performance criteria of former division (B)(1) of this	18545
section, the actual 1999 base cost per pupil expenditures were	18546
used in the calculation of the average district per pupil costs of	18547
the model districts.	18548

(C) In July of ~~2000~~ 2005, and in July of every six years	18549
thereafter, the speaker of the house of representatives and the	18550
president of the senate shall each appoint three members to a	18551
committee to reexamine the cost of an adequate education. No more	18552
than two members from any political party shall represent each	18553
house. The director of budget and management and the	18554
superintendent of public instruction shall serve as nonvoting ex	18555
officio members of the committee.	18556

The committee shall select a rational methodology for	18557
calculating the costs of an adequate education system for the	18558
ensuing six-year period, and shall report the methodology and the	18559
resulting costs to the general assembly. In performing its	18560
function, the committee is not bound by any method used by	18561
previous general assemblies to examine and calculate costs and	18562
instead may utilize any rational method it deems suitable and	18563
reasonable given the educational needs and requirements of the	18564
state at that time.	18565

The methodology for determining the cost of an adequate	18566
education system shall take into account the basic educational	18567
costs that all districts incur in educating regular students, the	18568
unique needs of special categories of students, and significant	18569
special conditions encountered by certain classifications of	18570
school districts.	18571

The committee also shall redetermine, for purposes of	18572
updating the parity aid calculation under section 3317.0217 of the	18573
Revised Code, the average number of effective operating mills that	18574
school districts in the seventieth to ninetieth percentiles of	18575
valuations per pupil collect above the revenues required to	18576
finance their attributed local shares of the calculated cost of an	18577
adequate education.	18578

Any committee appointed pursuant to this section shall make	18579
its report to the office of budget and management and the general	18580
assembly within ~~six months~~ one year of its appointment so that the	18581
information is available for use by the office and the general	18582
assembly in preparing the next biennial appropriations act.	18583

(D)(1) For purposes of this division, an "update year" is	18584
the first fiscal year for which the per pupil base cost of an	18585
adequate education is in effect after being recalculated by the	18586
general assembly. The first update year is fiscal year 2002. The	18587
second update year is fiscal year 2008.	18588

(2) The general assembly shall recalculate the per pupil	18589
base cost of an adequate education every six years after	18590
considering the recommendations of the committee appointed under	18591
division (C) of this section. At the time of the recalculation,	18592
for each of the five fiscal years following the update year, the	18593
general assembly shall adjust the base cost recalculated for the	18594
update year using an annual rate of inflation that the general	18595
assembly determines appropriate.	18596

(3) The general assembly shall include, in the act	18597
appropriating state funds for education programs for a fiscal	18598
biennium that begins with an update year, a statement of its	18599
determination of the total state share percentage of base cost and	18600
parity aid funding for the update year.	18601

(4) During its biennial budget deliberations, the general	18602
assembly shall determine the total state share percentage of base	18603
cost and parity aid funding for each fiscal year of the upcoming	18604
biennium. This determination shall be based on the latest	18605
projections and data provided by the department of education under	18606
division (D)(6) of this section prior to the enactment of	18607
education appropriations for the upcoming biennium. If, based on	18608
those latest projections and data, the general assembly determines	18609
that the total state share percentage for either or both nonupdate	18610
fiscal years varies more than two and one-half percentage points	18611
more or less than the total state share percentage for the most	18612
recent update year, as previously stated by the general assembly	18613
under division (D)(3) of this section, the general assembly shall	18614
determine and enact a method that it considers appropriate to	18615
restrict the estimated variance for each year to within two and	18616
one-half percentage points. The general assembly's methods may	18617
include, but are not required to include and need not be limited	18618
to, reexamining the rate of millage charged off as the local share	18619
of base cost funding under divisions (A)(1) and (2) of section	18620
3317.022 of the Revised Code. Regardless of any changes in	18621
charge-off millage rates in years between update years, however,	18622
the charge-off millage rate for update years shall be twenty-three	18623
mills, unless the general assembly determines that a different	18624
millage rate is more appropriate to share the total calculated	18625
base cost between the state and school districts.	18626

(5) The total state share percentage of base cost and parity

18627

aid funding for any fiscal year is calculated as follows:

[(Total state base cost + total state parity aid funding) -	18628
statewide charge-off amount] / (Total state base cost + total	18629
state parity aid funding)	18630

Where:

18632

(a) The total state base cost equals the sum of the base	18633
costs for all school districts for the fiscal year.	18634

(b) The base cost for each school district equals:

18635

formula amount X cost-of-doing-business factor X

18636

the greater of formula ADM or

18637

three-year average formula ADM

18638

(c) The total state parity aid funding equals the sum of the	18639
amounts paid to all school districts for the fiscal year under	18640
section 3317.0217 of the Revised Code.	18641

(d) The statewide charge-off amount equals the sum of the	18642
charge-off amounts for all school districts.	18643

(e) The charge-off amount for each school district is the	18644
amount calculated as its local share of base cost funding and	18645
deducted from the total calculated base cost to determine the	18646
amount of its state payment under divisions (A)(1) and (2) of	18647
section 3317.022 of the Revised Code. The charge-off amount for	18648
each school district in fiscal year 2002 is the product of	18649
twenty-three mills multiplied by the district's recognized	18650
valuation. If however, in any fiscal year, including fiscal year	18651
2002, a school district's calculated charge-off amount exceeds its	18652
base cost calculated as described in division (D)(2) of this	18653
section, the district's charge-off amount shall be deemed to equal	18654
its calculated base cost.	18655

(6) Whenever requested by the chairperson of the standing	18656
committee of the house or representatives or the senate having	18657
primary jurisdiction over appropriations, the legislative budget	18658
officer, or the director of budget and management, the department	18659
of education shall report its latest projections for total base	18660
cost, total parity aid funding, and the statewide charge-off	18661
amount, as those terms are defined in division (D)(5) of this	18662
section, for each year of the upcoming fiscal biennium, and all	18663
data it used to make the projections.	18664

Sec. 3317.013. This section does not apply to handicapped	18665
preschool students.	18666

Analysis of special education cost data has resulted in a	18667
finding that the average special education additional cost per	18668
pupil, including the costs of related services, can be expressed	18669
as a multiple of the base cost per pupil calculated under section	18670
3317.012 of the Revised Code. The multiples for the following	18671
categories of special education programs, as these programs are	18672
defined for purposes of Chapter 3323. of the Revised Code, are as	18673
follows:	18674

(A) A multiple of ~~0.22~~ 0.21 for students identified as	18675
specific learning disabled, other health handicapped, or	18676
developmentally handicapped, as these terms are defined pursuant	18677
to Chapter 3323. of the Revised Code;	18678

(B) A multiple of ~~3.01~~ 2.85 for students identified as	18679
hearing handicapped, orthopedically handicapped, vision impaired,	18680
multihandicapped, and severe behavior handicapped, as these terms	18681
are defined pursuant to Chapter 3323. of the Revised Code.	18682

Further analysis indicates that approximately one-eighth of	18683
the total costs of serving special education students consists of	18684
the furnishing of the related services specified in division	18685
(B)(3) of section 3317.022 of the Revised Code.	18686

The general assembly has adjusted the multiples specified in	18687
this section for calculating payments beginning in fiscal year	18688
2002 in recognition that its policy change regarding the	18689
application of the cost-of-doing-business factor produces a higher	18690
base cost amount than would exist if no change were made to its	18691
application. The adjustment maintains the same weighted costs as	18692
would exist if no change were made to the application of the	18693
cost-of-doing-business factor.	18694

Sec. 3317.014. The average vocational education additional	18695
cost per pupil can be expressed as a multiple of the base cost per	18696
pupil calculated under section 3317.012 of the Revised Code. the	18697
multiples for the following categories of vocational education	18698
programs are as follows:	18699

(A) A multiple of ~~0.60~~ 0.57 for students enrolled in	18700
vocational education job-training and workforce development	18701
programs approved by the department of education in accordance	18702
with rules adopted under section 3313.90 of the Revised Code.	18703

The rules adopted under this division may provide for	18704
programs that include instructional time beyond the normal periods	18705
of instruction, including summers, for areas of study such as	18706
agriculture. For any such program, the multiple of 0.57 may be	18707
apportioned so that the multiple for the normal school year is	18708
less than the multiple for the additional instructional time but	18709
that a school district may receive the entire value of the weight	18710
for the program if the program extends beyond the normal periods	18711
of instruction.	18712

(B) A multiple of ~~0.30~~ 0.28 for students enrolled in	18713
vocational education classes other than job-training and workforce	18714
development programs.	18715

Vocational education associated services costs can be	18716
expressed as a multiple of 0.05 of the base cost per pupil	18717
calculated under section 3317.012 of the Revised Code.	18718

The general assembly has adjusted the multiples specified in	18719
this section for calculating payments beginning in fiscal year	18720
2002 in recognition that its policy change regarding the	18721
application of the cost-of-doing-business factor produces a higher	18722
base cost amount than would exist if no change were made to its	18723
application. The adjustment maintains the same weighted costs as	18724
would exist if no change were made to the application of the	18725
cost-of-doing-business factor.	18726

Sec. 3317.02. As used in this chapter:

18727

(A) Unless otherwise specified, "school district" means	18728
city, local, and exempted village school districts.	18729

(B) "Formula amount" means the base cost for the fiscal year	18730
specified in section 3317.012 of the Revised Code~~, except that to~~	18731
~~allow for the orderly phase-in of the increased funding specified~~	18732
~~in that section, the formula amount for fiscal year 1999 shall be~~	18733
~~$3,851, and the formula amount for fiscal year 2000 shall be~~	18734
~~$4,052. Thereafter, the formula amount shall be as specified in~~	18735
~~that section~~.	18736

(C) "FTE basis" means a count of students based on full-time	18737
equivalency, in accordance with rules adopted by the department of	18738
education pursuant to section 3317.03 of the Revised Code. In	18739
adopting its rules under this division, the department shall	18740
provide for counting any student in category one, two, or three	18741
special education ADM or in category one or two vocational	18742
education ADM in the same proportion the student is counted in	18743
formula ADM.	18744

(D)(1) "Formula ADM" means, for a city, local, or exempted	18745
village school district, the number reported pursuant to division	18746
(A) of section 3317.03 of the Revised Code, and for a joint	18747
vocational school district, the number reported pursuant to	18748
division (D) of that section.	18749

(2) "Three-year average formula ADM" means the average of	18750
formula ADMs for the current and preceding two fiscal years.	18751
However, as applicable in fiscal years 1999 and 2000, the	18752
three-year average for city, local, and exempted village school	18753
districts shall be determined utilizing the FY 1997 ADM or FY 1998	18754
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In	18755
fiscal years 2000 and 2001, the three-year average for joint	18756
vocational school districts shall be determined utilizing the	18757
average daily membership reported in fiscal years 1998 and 1999	18758
under division (D) of section 3317.03 of the Revised Code in lieu	18759
of formula ADM for fiscal years 1998 and 1999.	18760

(E) "FY 1997 ADM" or "FY 1998 ADM" means the school	18761
district's average daily membership reported for the applicable	18762
fiscal year under the version of division (A) of section 3317.03	18763
of the Revised Code in effect during that fiscal year, adjusted as	18764
follows:	18765

(1) Minus the average daily membership of handicapped	18766
preschool children;	18767

(2) Minus one-half of the average daily membership attending	18768
kindergarten;	18769

(3) Minus three-fourths of the average daily membership	18770
attending a joint vocational school district;	18771

(4) Plus the average daily membership entitled under section	18772
3313.64 or 3313.65 of the Revised Code to attend school in the	18773
district but receiving educational services in approved units from	18774
an educational service center or another school district under a	18775
compact or a cooperative education agreement, as determined by the	18776
department;	18777

(5) Minus the average daily membership receiving educational	18778
services from the district in approved units but entitled under	18779
section 3313.64 or 3313.65 of the Revised Code to attend school in	18780
another school district, as determined by the department.	18781

(F)(1) "Category one special education ADM" means the average	18782
daily membership of handicapped children receiving special	18783
education services for those handicaps specified in division (A)	18784
of section 3317.013 of the Revised Code and reported under	18785
division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised	18786
Code.	18787

(2) "Category two special education ADM" means the average	18788
daily membership of handicapped children receiving special	18789
education services for those handicaps specified in division (B)	18790
of section 3317.013 of the Revised Code and reported under	18791
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	18792
Code.	18793

(3) "Category three special education ADM" means the average	18794
daily membership of students receiving special education services	18795
for students identified as autistic, having traumatic brain	18796
injuries, or as both visually and hearing disabled as these terms	18797
are defined pursuant to Chapter 3323. of the Revised Code, and	18798
reported under division (B)(7) or (D)(2)(d) of section 3317.03 of	18799
the Revised Code.	18800

(4) "Category one vocational education ADM" means the	18801
average daily membership of students receiving vocational	18802
education services described in division (A) of section 3317.014	18803
of the Revised Code and reported under division (B)(8) or	18804
(D)(2)(e) of section 3317.03 of the Revised Code.	18805

(5) "Category two vocational education ADM" means the average	18806
daily membership of students receiving vocational education	18807
services described in division (B) of section 3317.014 of the	18808
Revised Code and reported under division (B)(9) or (D)(2)(f) of	18809
section 3317.03 of the Revised Code.	18810

(G) "Handicapped preschool child" means a handicapped child,	18811
as defined in section 3323.01 of the Revised Code, who is at least	18812
age three but is not of compulsory school age, as defined in	18813
section 3321.01 of the Revised Code, and who is not currently	18814
enrolled in kindergarten.	18815

(H) "County MR/DD board" means a county board of mental	18816
retardation and developmental disabilities.	18817

(I) "Recognized valuation" means the amount calculated for a	18818
school district pursuant to section 3317.015 of the Revised Code.	18819

(J) "Transportation ADM" means the number of children	18820
reported under division (B)(10) of section 3317.03 of the Revised	18821
Code.	18822

(K) "Average efficient transportation use cost per student"	18823
means a statistical representation of transportation costs as	18824
calculated under division (D)(2) of section 3317.022 of the	18825
Revised Code.	18826

(L) "Taxes charged and payable" means the taxes charged and	18827
payable against real and public utility property after making the	18828
reduction required by section 319.301 of the Revised Code, plus	18829
the taxes levied against tangible personal property.	18830

(M) "Total taxable value" means the sum of the amounts	18831
certified for a city, local, exempted village, or joint vocational	18832
school district under divisions (A)(1) and (2) of section 3317.021	18833
of the Revised Code.	18834

(N)~~(1)~~ "Cost-of-doing-business factor" means the amount	18835
indicated in this division for the county in which a city, local,	18836
exempted village, or joint vocational school district is located,	18837
~~adjusted in accordance with division (N)(2) of this section~~. If a	18838
city, local, or exempted village school district is located in	18839
more than one county, the factor is the amount indicated for the	18840
county to which the district is assigned by the state department	18841
of education. If a joint vocational school district is located in	18842
more than one county, the factor is the amount indicated for the	18843
county in which the joint vocational school with the greatest	18844
formula ADM operated by the district is located.	18845

	COST-OF-DOING-BUSINESS	18846
COUNTY	FACTOR AMOUNT	18847
Adams	~~1.0074~~ 1.0061	18848
Allen	~~1.0217~~ 1.0236	18849
Ashland	~~1.0322~~ 1.0331	18850
Ashtabula	~~1.0480~~ 1.0431	18851
Athens	~~1.0046~~ 1.0038	18852
Auglaize	~~1.0255~~ 1.0272	18853
Belmont	~~1.0078~~ 1.0043	18854
Brown	~~1.0194~~ 1.0207	18855
Butler	~~1.0650~~ 1.0663	18856
Carroll	~~1.0166~~ 1.0148	18857
Champaign	~~1.0292~~ 1.0413	18858
Clark	~~1.0462~~ 1.0443	18859
Clermont	~~1.0510~~ 1.0532	18860
Clinton	~~1.0293~~ 1.0296	18861
Columbiana	~~1.0300~~ 1.0262	18862
Coshocton	~~1.0205~~ 1.0200	18863
Crawford	~~1.0152~~ 1.0140	18864
Cuyahoga	~~1.0697~~ 1.0672	18865
Darke	~~1.0340~~ 1.0343	18866
Defiance	~~1.0177~~ 1.0165	18867
Delaware	~~1.0339~~ 1.0479	18868
Erie	~~1.0391~~ 1.0372	18869
Fairfield	~~1.0358~~ 1.0354	18870
Fayette	~~1.0266~~ 1.0258	18871
Franklin	~~1.0389~~ 1.0519	18872
Fulton	~~1.0355~~ 1.0361	18873
Gallia	1.0000	18874
Geauga	~~1.0568~~ 1.0528	18875
Greene	~~1.0406~~ 1.0407	18876
Guernsey	~~1.0072~~ 1.0064	18877
Hamilton	1.0750	18878
Hancock	~~1.0224~~ 1.0215	18879
Hardin	~~1.0219~~ 1.0348	18880
Harrison	~~1.0098~~ 1.0081	18881
Henry	~~1.0347~~ 1.0338	18882
Highland	~~1.0139~~ 1.0129	18883
Hocking	~~1.0149~~ 1.0151	18884
Holmes	~~1.0237~~ 1.0238	18885
Huron	~~1.0317~~ 1.0305	18886
Jackson	~~1.0132~~ 1.0118	18887
Jefferson	~~1.0084~~ 1.0067	18888
Knox	~~1.0251~~ 1.0258	18889
Lake	~~1.0596~~ 1.0556	18890
Lawrence	~~1.0128~~ 1.0122	18891
Licking	~~1.0381~~ 1.0375	18892
Logan	~~1.0188~~ 1.0362	18893
Lorain	~~1.0535~~ 1.0521	18894
Lucas	~~1.0413~~ 1.0406	18895
Madison	~~1.0342~~ 1.0437	18896
Mahoning	~~1.0426~~ 1.0384	18897
Marion	~~1.0121~~ 1.0263	18898
Medina	~~1.0608~~ 1.0595	18899
Meigs	~~1.0031~~ 1.0018	18900
Mercer	~~1.0177~~ 1.0199	18901
Miami	~~1.0425~~ 1.0415	18902
Monroe	~~1.0118~~ 1.0097	18903
Montgomery	~~1.0482~~ 1.0476	18904
Morgan	~~1.0140~~ 1.0128	18905
Morrow	~~1.0268~~ 1.0276	18906
Muskingum	~~1.0167~~ 1.0145	18907
Noble	~~1.0129~~ 1.0103	18908
Ottawa	~~1.0510~~ 1.0468	18909
Paulding	~~1.0156~~ 1.0140	18910
Perry	~~1.0175~~ 1.0154	18911
Pickaway	~~1.0338~~ 1.0326	18912
Pike	~~1.0103~~ 1.0094	18913
Portage	~~1.0556~~ 1.0516	18914
Preble	~~1.0486~~ 1.0476	18915
Putnam	~~1.0253~~ 1.0243	18916
Richland	~~1.0205~~ 1.0213	18917
Ross	~~1.0089~~ 1.0085	18918
Sandusky	~~1.0336~~ 1.0307	18919
Scioto	~~1.0044~~ 1.0029	18920
Seneca	~~1.0240~~ 1.0223	18921
Shelby	~~1.0257~~ 1.0263	18922
Stark	~~1.0313~~ 1.0300	18923
Summit	~~1.0616~~ 1.0598	18924
Trumbull	~~1.0425~~ 1.0381	18925
Tuscarawas	~~1.0099~~ 1.0097	18926
Union	~~1.0330~~ 1.0446	18927
Van Wert	~~1.0126~~ 1.0133	18928
Vinton	~~1.0068~~ 1.0070	18929
Warren	~~1.0651~~ 1.0659	18930
Washington	~~1.0110~~ 1.0075	18931
Wayne	~~1.0406~~ 1.0404	18932
Williams	~~1.0268~~ 1.0284	18933
Wood	~~1.0405~~ 1.0382	18934
Wyandot	~~1.0191~~ 1.0188	18935

~~(2) As used in this division, "multiplier" means the number~~	18936
~~for the corresponding fiscal year as follows:~~	18937

	~~FISCAL YEAR OF THE~~				18938
	~~COMPUTATION~~		~~MULTIPLIER~~		18939

~~1998~~	~~9.6/7.5~~	18940
~~1999~~	~~11.0/7.5~~	18941
~~2000~~	~~12.4/7.5~~	18942
~~2001~~	~~13.8/7.5~~	18943
~~2002~~	~~15.2/7.5~~	18944
~~2003~~	~~16.6/7.5~~	18945
~~2004 and thereafter~~	~~18.0/7.5~~	18946

~~Beginning in fiscal year 1998, the department shall annually~~	18947
~~adjust the cost-of-doing-business factor for each county in~~	18948
~~accordance with the following formula:~~	18949

~~[(The cost-of-doing-business factor specified under~~

18950

~~division (N)(1) of this section - 1) X (the multiplier~~

18951

~~for the fiscal year of the calculation)] + 1~~

18952

~~The result of such formula shall be the adjusted~~	18953
~~cost-of-doing-business factor for that fiscal year.~~	18954

(O) "Tax exempt value" of a school district means the amount	18955
certified for a school district under division (A)(4) of section	18956
3317.021 of the Revised Code.	18957

(P) "Potential value" of a school district means the ~~adjusted~~	18958
~~total taxable value~~ recognized valuation of a school district plus	18959
the tax exempt value of the district.	18960

(Q) "District median income" means the median Ohio adjusted	18961
gross income certified for a school district. On or before the	18962
first day of July of each year, the tax commissioner shall certify	18963
to the department of education for each city, exempted village,	18964
and local school district the median Ohio adjusted gross income of	18965
the residents of the school district determined on the basis of	18966
tax returns filed for the second preceding tax year by the	18967
residents of the district.	18968

(R) "Statewide median income" means the median district	18969
median income of all city, exempted village, and local school	18970
districts in the state.	18971

(S) "Income factor" for a city, exempted village, or local	18972
school district means the quotient obtained by dividing that	18973
district's median income by the statewide median income.	18974

~~(T) Except as provided in division (B)(3) of section~~	18975
~~3317.012 of the Revised Code, "valuation per pupil" for a city,~~	18976
~~exempted village, or local school district means the district's~~	18977
~~recognized valuation divided by the greater of the district's~~	18978
~~formula ADM or three-year average formula ADM.~~	18979

~~(U) Except as provided in section 3317.0213 of the Revised~~	18980
~~Code, "adjusted valuation per pupil" means the amount calculated~~	18981
~~in accordance with the following formula:~~	18982

~~District valuation per pupil - [$60,000 X~~

18983

~~(1 - district income factor)]~~

18984

~~If the result of such formula is negative, the adjusted~~	18985
~~valuation per pupil shall be zero.~~	18986

~~(V) "Income adjusted valuation" means the product obtained by~~	18987
~~multiplying the school district's adjusted valuation per pupil by~~	18988
~~the greater of the district's formula ADM or three-year average~~	18989
~~formula ADM.~~	18990

~~(W) Except as provided in division (A)(2) of section~~	18991
~~3317.022 of the Revised Code, "adjusted total taxable value" means~~	18992
~~one of the following:~~	18993

~~(1) In any fiscal year that a school district's income~~	18994
~~factor is less than or equal to one, the amount calculated under~~	18995
~~the following formula:~~	18996

~~(Income adjusted valuation X multiple) +~~

18997

~~[recognized valuation X (1-multiple)]~~

18998

~~Where "multiple" means the number for the corresponding~~	18999
~~fiscal year as follows:~~	19000

	~~FISCAL YEAR OF THE~~				19001
	~~COMPUTATION~~		~~MULTIPLE~~		19002

	~~2000~~		~~1/5~~		19003
	~~2001 and thereafter~~		~~4/15~~		19004

~~(2) In fiscal year 1999, if a school district's income~~	19005
~~factor is greater than one, the amount calculated under the~~	19006
~~following formula:~~	19007

~~(Income adjusted valuation X 1/15)~~

19008

~~+ (recognized valuation X 14/15)~~

19009

~~Thereafter, the adjusted total taxable value of a district~~	19010
~~with an income factor greater than one shall be its recognized~~	19011
~~valuation.~~	19012

Sec. 3317.021. (A) On or before the first day of June of	19013
each year, the tax commissioner shall certify to the department of	19014
education the following information for each city, exempted	19015
village, and local school district, and the information required	19016
by divisions (A)(1) and (2) of this section for each joint	19017
vocational school district, and it shall be used, along with the	19018
information certified under division (B) of this section, in	19019
making the computations for the district under ~~section~~ sections	19020
3317.022 and 3317.0217 or section 3317.16 of the Revised Code:	19021

(1) The taxable value of real and public utility real	19022
property in the school district subject to taxation in the	19023
preceding tax year, by class and by county of location;	19024

(2) The taxable value of tangible personal property,	19025
including public utility personal property, subject to taxation by	19026
the district for the preceding tax year;	19027

(3)(a) The total property tax rate and total taxes charged	19028
and payable for the current expenses for the preceding tax year	19029
and the total property tax rate and the total taxes charged and	19030
payable to a joint vocational district for the preceding tax year	19031
that are limited to or to the extent apportioned to current	19032
expenses;	19033

(b) The portion of the amount of taxes charged and payable	19034
reported for each city, local, and exempted village school	19035
district under division (A)(3)(a) of this section attributable to	19036
a joint vocational school district.	19037

(4) The value of all real and public utility real property	19038
in the school district exempted from taxation minus both of the	19039
following:	19040

(a) The value of real and public utility real property in	19041
the district owned by the United States government and used	19042
exclusively for a public purpose;	19043

(b) The value of real and public utility real property in	19044
the district exempted from taxation under Chapter 725. or 1728. or	19045
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	19046
5709.73, or 5709.78 of the Revised Code.	19047

(5) The total ~~effective operating tax rate for the district~~	19048
~~in the tax year for which the most recent data are available~~	19049
federal adjusted gross income of the residents of the school	19050
district, based on tax returns filed by the residents of the	19051
district, for the most recent year for which this information is	19052
available.	19053

(B) On or before the first day of May each year, the tax	19054
commissioner shall certify to the department of education the	19055
total taxable real property value of railroads and, separately,	19056
the total taxable tangible personal property value of all public	19057
utilities for the preceding tax year, by school district and by	19058
county of location.	19059

(C) If a public utility has properly and timely filed a	19060
petition for reassessment under section 5727.47 of the Revised	19061
Code with respect to an assessment issued under section 5727.23 of	19062
the Revised Code affecting taxable property apportioned by the tax	19063
commissioner to a school district, the taxable value of public	19064
utility tangible personal property included in the certification	19065
under divisions (A)(2) and (B) of this section for the school	19066
district shall include only the amount of taxable value on the	19067
basis of which the public utility paid tax for the preceding year	19068
as provided in division (B)(1) or (2) of section 5727.47 of the	19069
Revised Code.	19070

(D) If on the basis of the information certified under	19071
division (A) of this section, the department determines that any	19072
district fails in any year to meet the qualification requirement	19073
specified in division (A) of section 3317.01 of the Revised Code,	19074
the department shall immediately request the tax commissioner to	19075
determine the extent to which any school district income tax	19076
levied by the district under Chapter 5748. of the Revised Code	19077
shall be included in meeting that requirement. Within five days	19078
of receiving such a request from the department, the tax	19079
commissioner shall make the determination required by this	19080
division and report the quotient obtained under division (D)(3) of	19081
this section to the department. This quotient represents the	19082
number of mills that the department shall include in determining	19083
whether the district meets the qualification requirement of	19084
division (A) of section 3317.01 of the Revised Code.	19085

The tax commissioner shall make the determination required by	19086
this division as follows:	19087

(1) Multiply one mill times the total taxable value of the	19088
district as determined in divisions (A)(1) and (2) of this	19089
section;	19090

(2) Estimate the total amount of tax liability for the	19091
current tax year under taxes levied by Chapter 5748. of the	19092
Revised Code that are apportioned to current operating expenses of	19093
the district;	19094

(3) Divide the amount estimated under division (D)(2) of	19095
this section by the product obtained under division (D)(1) of this	19096
section.	19097

~~(E) As used in this section:~~

19098

~~(1) "Class I taxes charged and payable for current expenses"~~	19099
~~means taxes charged and payable for current expenses on land and~~	19100
~~improvements classified as residential/agricultural real property~~	19101
~~under section 5713.041 of the Revised Code.~~	19102

~~(2) "Class I taxable value" means the taxable value of land~~	19103
~~and improvements classified as residential/agricultural real~~	19104
~~property under section 5713.041 of the Revised Code.~~	19105

~~(3) "Class I effective operating tax rate" of a school~~	19106
~~district means the quotient obtained by dividing the school~~	19107
~~district's Class I taxes charged and payable for current expenses~~	19108
~~by the district's Class I taxable value.~~	19109

~~(4) "Income tax equivalent tax rate" of a school district~~	19110
~~means the quotient obtained by dividing the income tax revenue~~	19111
~~disbursed during the current fiscal year under any tax levied~~	19112
~~pursuant to Chapter 5748. of the Revised Code by total taxable~~	19113
~~value of the district to the extent the revenue from the tax is~~	19114
~~allocated or apportioned to current expenses.~~	19115

~~(5) "Total effective operating tax rate" means the sum of~~	19116
~~the Class I effective operating tax rate and the income tax~~	19117
~~equivalent tax rate.~~	19118

Sec. 3317.022. (A)(1) The department of education shall	19119
compute and distribute state base cost funding to each school	19120
district for the fiscal year in accordance with the following	19121
formula, ~~using adjusted total taxable value as defined in section~~	19122
~~3317.02 of the Revised Code or~~ making any adjustment required by	19123
division (A)(2) of this section and using the information obtained	19124
under section 3317.021 of the Revised Code in the calendar year in	19125
which the fiscal year begins.	19126

Compute the following for each eligible district:

19127

[cost-of-doing-business factor X

19128

the formula amount X (the greater of formula ADM

19129

or three-year average formula ADM)] -

19130

(.023 X ~~adjusted total taxable value~~ recognized valuation)

19131

If the difference obtained is a negative number, the	19132
district's computation shall be zero.	19133

(2)(a) For each school district for which the tax exempt	19134
value of the district equals or exceeds twenty-five per cent of	19135
the potential value of the district, the department of education	19136
shall calculate the difference between the district's tax exempt	19137
value and twenty-five per cent of the district's potential value.	19138

(b) For each school district to which division (A)(2)(a) of	19139
this section applies, the ~~adjusted total taxable value~~ department	19140
shall adjust the recognized valuation used in the calculation	19141
under division (A)(1) of this section ~~shall be the adjusted total~~	19142
~~taxable value modified~~ by subtracting from it the amount	19143
calculated under division (A)(2)(a) of this section.	19144

(B) As used in this section:

19145

(1) The "total special education weight" for a district	19146
means the sum of the following amounts:	19147

(a) The district's category one special education ADM	19148
multiplied by the multiple specified ~~under~~ in division (A) of	19149
section 3317.013 of the Revised Code;	19150

(b) The sum of the district's category two and category	19151
three special education ADMs multiplied by the multiple specified	19152
~~under~~ in division (B) of section 3317.013 of the Revised Code.	19153

(2) "State share percentage" means the percentage calculated	19154
for a district as follows:	19155

(a) Calculate the state base cost funding amount for the	19156
district for the fiscal year under division (A) of this section.	19157
If the district would not receive any state base cost funding for	19158
that year under that division, the district's state share	19159
percentage is zero.	19160

(b) If the district would receive state base cost funding	19161
under that division, divide that amount by an amount equal to the	19162
following:	19163

Cost-of-doing-business factor X

19164

the formula amount X (the greater of formula

19165

ADM or three-year average formula ADM)

19166

The resultant number is the district's state share	19167
percentage.	19168

(3) "Related services" includes:

19169

(a) Child study, special education supervisors and	19170
coordinators, speech and hearing services, adaptive physical	19171
development services, occupational or physical therapy, teacher	19172
assistants for handicapped children whose handicaps are described	19173
in division (B) of section 3317.013 or division (F)(3) of section	19174
3317.02 of the Revised Code, behavioral intervention, interpreter	19175
services, work study, nursing services, and specialized	19176
integrative services as those terms are defined by the department;	19177

(b) Speech and language services provided to any student	19178
with a handicap, including any student whose primary or only	19179
handicap is a speech and language handicap;	19180

(c) Any related service not specifically covered by other	19181
state funds but specified in federal law, including but not	19182
limited to, audiology and school psychological services;	19183

(d) Any service included in units funded under former	19184
division (O)(1) of section 3317.023 of the Revised Code;	19185

(e) Any other related service needed by handicapped children	19186
in accordance with their individualized education plans.	19187

(4) The "total vocational education weight" for a district	19188
means the sum of the following amounts:	19189

(a) The district's category one vocational education ADM	19190
multiplied by the multiple specified in division (A) of section	19191
3317.014 of the Revised Code;	19192

(b) The district's category two vocational education ADM	19193
multiplied by the multiple specified in division (B) of section	19194
3317.014 of the Revised Code.	19195

(C)(1) The department shall compute and distribute state	19196
special education and related services additional weighted costs	19197
funds to each school district in accordance with the following	19198
formula:	19199

The district's state share percentage

19200

X the formula amount for the year

19201

for which the aid is calculated

19202

X the district's total special education weight

19203

(2) In any fiscal year, a school district receiving funds	19204
under division (C)(1) of this section shall spend on related	19205
services the lesser of the following:	19206

(a) The amount the district spent on related services in the	19207
preceding fiscal year;	19208

(b) 1/8 X {[cost-of-doing-business factor X the formula	19209
amount X (the category one special education ADM + category two	19210
special education ADM + category three special education ADM)] +	19211
the amount calculated for the fiscal year under division (C)(1) of	19212
this section + the local share of special education and related	19213
services additional weighted costs}.	19214

(3) The attributed local share of special education and	19215
related services additional weighted costs equals:	19216

(1 - the district's state share percentage) X

19217

the district's total special education weight X

19218

the formula amount

19219

(4)(a) The department shall compute and pay in accordance	19220
with this division additional state aid to school districts for	19221
students in ~~category three~~ categories one and two special	19222
education ADM. If a district's costs for the fiscal year for a	19223
student in its ~~category three~~ categories one and two special	19224
education ADM are twenty-five thousand dollars or more, the	19225
district may submit to the superintendent of public instruction	19226
documentation, as prescribed by the superintendent, of all its	19227
costs for that student. Upon submission of documentation for a	19228
student of the type and in the manner prescribed, the department	19229
shall pay to the district an amount equal to the sum of the	19230
following:	19231

(i) One-half of the district's costs for the student in	19232
excess of twenty-five thousand dollars;	19233

(ii) The product of one-half of the district's costs for the	19234
student in excess of twenty-five thousand dollars multiplied by	19235
the district's state share percentage.	19236

(b) In fiscal year 2002, if a district's costs for a student	19237
in its category three special education ADM are twenty-five	19238
thousand dollars or more, the district may submit to the	19239
superintendent of public instruction documentation, as prescribed	19240
by the superintendent, of all its costs for that student. Upon	19241
submission of documentation for a student of the type and in the	19242
manner prescribed, the department shall pay to the district an	19243
amount equal to the sum of the following:	19244

(i) One-half of the district's costs for the student in	19245
excess of twenty-five thousand dollars;	19246

(ii) The product of one-half of the district's costs for the	19247
student in excess of twenty-five thousand dollars multiplied by	19248
the district's state share percentage.	19249

(c) In any fiscal year after fiscal year 2002, if a	19250
district's costs for a student in its category three special	19251
education ADM are twenty thousand dollars or more, the district	19252
may submit to the superintendent of public instruction	19253
documentation, as prescribed by the superintendent, of all its	19254
costs for that student. Upon submission of documentation for a	19255
student of the type and in the manner prescribed, the department	19256
shall pay to the district an amount equal to the sum of the	19257
following:	19258

(i) One-half of the district's costs for the student in	19259
excess of twenty thousand dollars;	19260

(ii) The product of one-half of the district's costs for the	19261
student in excess of twenty thousand dollars multiplied by the	19262
district's state share percentage.	19263

(d) The district shall only report under divisions (C)(4)(a)	19264
to (c) of this section, and the department shall only pay for, the	19265
costs of educational expenses and the related services provided to	19266
the student in accordance with the student's individualized	19267
education program. Any legal fees, court costs, or other costs	19268
associated with any cause of action relating to the student may	19269
not be included in the amount.	19270

(5)(a) As used in this division, the "personnel allowance"	19271
means ~~twenty-five thousand dollars in fiscal year 2000 and~~ thirty	19272
thousand dollars in fiscal year ~~2001~~ 2002 and fifty-five thousand	19273
six hundred fifty-two dollars in fiscal year 2003.	19274

(b) For the provision of speech services to students and for	19275
no other purpose, the department of education shall pay each	19276
school district an amount calculated under the following formula:	19277

(formula ADM divided by 2000) X

19278

the personnel allowance X the state share percentage

19279

(6) In any fiscal year, a school district receiving funds	19280
under division (C)(1) of this section shall spend those funds only	19281
for the purposes that the department designates as approved for	19282
special education expenses.	19283

(D)(1) As used in this division:

19284

(a) "Daily bus miles per student" equals the number of bus	19285
miles traveled per day, divided by transportation base.	19286

(b) "Transportation base" equals total student count as	19287
defined in section 3301.011 of the Revised Code, minus the number	19288
of students enrolled in preschool handicapped units, plus the	19289
number of nonpublic school students included in transportation	19290
ADM.	19291

(c) "Transported student percentage" equals transportation	19292
ADM divided by transportation base.	19293

(d) "Transportation cost per student" equals total operating	19294
costs for board-owned or contractor-operated school buses divided	19295
by transportation base.	19296

(2) Analysis of student transportation cost data has	19297
resulted in a finding that an average efficient transportation use	19298
cost per student can be calculated by means of a regression	19299
formula that has as its two independent variables the number of	19300
daily bus miles per student and the transported student	19301
percentage. For fiscal year 1998 transportation cost data, the	19302
average efficient transportation use cost per student is expressed	19303
as follows:	19304

51.79027 + (139.62626 X daily bus miles per student) +

19305

(116.25573 X transported student percentage)

19306

The department of education shall annually determine the	19307
average efficient transportation use cost per student in	19308
accordance with the principles stated in division (D)(2) of this	19309
section, updating the intercept and regression coefficients of the	19310
regression formula modeled in this division, based on an annual	19311
statewide analysis of each school district's daily bus miles per	19312
student, transported student percentage, and transportation cost	19313
per student data. The department shall conduct the annual update	19314
using data, including daily bus miles per student, transported	19315
student percentage, and transportation cost per student data, from	19316
the prior fiscal year. The department shall notify the office of	19317
budget and management of such update by the fifteenth day of	19318
February of each year.	19319

(3) In addition to funds paid under divisions (A), (C), and	19320
(E) of this section, each district with a transported student	19321
percentage greater than zero shall receive a payment equal to a	19322
percentage of the product of the district's transportation base	19323
from the prior fiscal year times the annually updated average	19324
efficient transportation use cost per student, times an inflation	19325
factor of two and eight tenths per cent to account for the	19326
one-year difference between the data used in updating the formula	19327
and calculating the payment and the year in which the payment is	19328
made. The percentage shall be the following percentage of that	19329
product specified for the corresponding fiscal year:	19330

FISCAL YEAR	PERCENTAGE	19331
2000	52.5%	19332
2001	55%	19333
2002	57.5%	19334
2003 and thereafter	The greater of 60% or the district's state share percentage	19335

The payments made under division (D)(3) of this section each	19336
year shall be calculated based on all of the same prior year's	19337
data used to update the formula.	19338

(4) In addition to funds paid under divisions (D)(2) and (3)	19339
of this section, a school district shall receive a rough road	19340
subsidy if both of the following apply:	19341

(a) Its county rough road percentage is higher than the	19342
statewide rough road percentage, as those terms are defined in	19343
division (D)(5) of this section;	19344

(b) Its district student density is lower than the statewide	19345
student density, as those terms are defined in that division.	19346

(5) The rough road subsidy paid to each district meeting the	19347
qualifications of division (D)(4) of this section shall be	19348
calculated in accordance with the following formula:	19349

(per rough mile subsidy X total rough road miles) X

19350

density multiplier

19351

where:

19352

(a) "Per rough mile subsidy" equals the amount calculated in	19353
accordance with the following formula:	19354

0.75 - {0.75 X [(maximum rough road percentage -

19355

county rough road percentage)/(maximum rough road percentage -

19357

statewide rough road percentage)]}

19358

(i) "Maximum rough road percentage" means the highest county	19359
rough road percentage in the state.	19360

(ii) "County rough road percentage" equals the percentage of	19361
the mileage of state, municipal, county, and township roads that	19362
is rated by the department of transportation as type A, B, C, E2,	19363
or F in the county in which the school district is located or, if	19364
the district is located in more than one county, the county to	19365
which it is assigned for purposes of determining its	19366
cost-of-doing-business factor.	19367

(iii) "Statewide rough road percentage" means the percentage	19368
of the statewide total mileage of state, municipal, county, and	19369
township roads that is rated as type A, B, C, E2, or F by the	19370
department of transportation.	19371

(b) "Total rough road miles" means a school district's total	19372
bus miles traveled in one year times its county rough road	19373
percentage.	19374

(c) "Density multiplier" means a figure calculated in	19375
accordance with the following formula:	19376

1 - [(minimum student density - district student

19377

density)/(minimum student density -

19378

statewide student density)]

19379

(i) "Minimum student density" means the lowest district	19380
student density in the state.	19381

(ii) "District student density" means a school district's	19382
transportation base divided by the number of square miles in the	19383
district.	19384

(iii) "Statewide student density" means the sum of the	19385
transportation bases for all school districts divided by the sum	19386
of the square miles in all school districts.	19387

(6) In addition to funds paid under divisions (D)(2) to (5)	19388
of this section, each district shall receive in accordance with	19389
rules adopted by the state board of education a payment for	19390
students transported by means other than board-owned or	19391
contractor-operated buses and whose transportation is not funded	19392
under division (J) of section 3317.024 of the Revised Code. The	19393
rules shall include provisions for school district reporting of	19394
such students.	19395

~~(7) Notwithstanding divisions (D)(1) to (6) of this section,~~	19396
~~in fiscal year 2000 only, each school district shall receive the~~	19397
~~greater of the total amount calculated for it under those~~	19398
~~divisions and division (J) of section 3317.024 of the Revised Code~~	19399
~~or the total amount calculated for it for types one through six~~	19400
~~student transportation operating funds in fiscal year 1999. For~~	19401
~~purposes of division (D)(7) of this section, the fiscal year 1999~~	19402
~~guaranteed total amount does not include subsidies for school bus~~	19403
~~purchases.~~	19404

(E)(1) The department shall compute and distribute state	19405
vocational education additional weighted costs funds to each	19406
school district in accordance with the following formula:	19407

state share percentage X

19408

the formula amount X

19409

total vocational education weight

19410

In any fiscal year, a school district receiving funds under	19411
division (E)(1) of this section shall spend those funds only for	19412
the purposes that the department designates as approved for	19413
vocational education expenses.	19414

(2) The department shall compute for each school district	19415
state funds for vocational education associated services in	19416
accordance with the following formula:	19417

state share percentage X .05 X

19418

the formula amount X the sum of categories one and two

19419

vocational education ADM

19420

In any fiscal year, a school district receiving funds under	19421
division (E)(2) of this section, or through a transfer of funds	19422
pursuant to division (L) of section 3317.023 of the Revised Code,	19423
shall spend those funds only for the purposes that the department	19424
designates as approved for vocational education associated	19425
services expenses, which may include such purposes as	19426
apprenticeship coordinators, coordinators for other vocational	19427
education services, vocational evaluation, and other purposes	19428
designated by the department. The department may deny payment	19429
under division (E)(2) of this section to any district that the	19430
department determines is not operating those services or is using	19431
funds paid under division (E)(2) of this section, or through a	19432
transfer of funds pursuant to division (L) of section 3317.023 of	19433
the Revised Code, for other purposes.	19434

~~In fiscal years 2000 and 2001, each school district shall~~	19435
~~continue to offer the same number of the vocational education~~	19436
~~programs that the district offered in fiscal year 1999, unless the~~	19437
~~department of education expressly agrees that the district may~~	19438
~~offer fewer programs in either fiscal year 2000 or 2001 or both.~~	19439

(F) Beginning in fiscal year 2003, the actual local share in	19440
any fiscal year for the combination of special education and	19441
related services additional weighted costs funding calculated	19442
under division (C)(1) of this section, transportation funding	19443
calculated under divisions (D)(2) and (3) of this section, and	19444
vocational education and associated services additional weighted	19445
costs funding calculated under divisions (E)(1) and (2) of this	19446
section shall not exceed for any school district the product of	19447
three mills times the district's recognized valuation. Beginning	19448
in fiscal year 2003, the department annually shall pay each school	19449
district as an excess cost supplement any amount by which the sum	19450
of the district's attributed local shares for that funding exceeds	19451
that product. For purposes of calculating the excess cost	19452
supplement:	19453

(1) The attributed local share for special education and	19454
related services additional weighted costs funding is the amount	19455
specified in division (C)(3) of this section.	19456

(2) The attributed local share of transportation funding	19457
equals the difference of the total amount calculated for the	19458
district using the formula developed under division (D)(2) of this	19459
section minus the actual amount paid to the district after	19460
applying the percentage specified in division (D)(3) of this	19461
section.	19462

(3) The attributed local share of vocational education and	19463
associated services additional weighted costs funding is the	19464
amount determined as follows:	19465

(1 - state share percentage) X

19466

[(total vocational education weight X the formula amount) +

19467

the payment under division (E)(2) of this section]

19468

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	19469
Revised Code, the amounts required to be paid to a district under	19470
this chapter shall be adjusted by the amount of the computations	19471
made under divisions (B) to ~~(K)~~(L) of this section.	19472

As used in this section:

19473

(1) "Classroom teacher" means a licensed employee who	19474
provides direct instruction to pupils, excluding teachers funded	19475
from money paid to the district from federal sources; educational	19476
service personnel; and vocational and special education teachers.	19477

(2) "Educational service personnel" shall not include such	19478
specialists funded from money paid to the district from federal	19479
sources or assigned full-time to vocational or special education	19480
students and classes and may only include those persons employed	19481
in the eight specialist areas in a pattern approved by the	19482
department of education under guidelines established by the state	19483
board of education.	19484

(3) "Annual salary" means the annual base salary stated in	19485
the state minimum salary schedule for the performance of the	19486
teacher's regular teaching duties that the teacher earns for	19487
services rendered for the first full week of October of the fiscal	19488
year for which the adjustment is made under division (C) of this	19489
section. It shall not include any salary payments for	19490
supplemental teachers contracts.	19491

(4) "Regular student population" means the formula ADM plus	19492
the number of students reported as enrolled in the district	19493
pursuant to division (A)(1) of section 3313.981 of the Revised	19494
Code; minus the number of students reported under division (A)(2)	19495
of section 3317.03 of the Revised Code; minus the FTE of students	19496
reported under division (B)(5), (6), (7), (8), or (9) of that	19497
section who are enrolled in a vocational education class or	19498
receiving special education; and minus one-fourth of the students	19499
enrolled concurrently in a joint vocational school district.	19500

(5) "State share percentage" has the same meaning as in	19501
section 3317.022 of the Revised Code.	19502

(6) "VEPD" means a school district or group of school	19503
districts designated by the department of education as being	19504
responsible for the planning for and provision of vocational	19505
education services to students within the district or group.	19506

(7) "Lead district" means a school district, including a	19507
joint vocational school district, designated by the department as	19508
a VEPD, or designated to provide primary vocational education	19509
leadership within a VEPD composed of a group of districts.	19510

(B) If the district employs less than one full-time	19511
equivalent classroom teacher for each twenty-five pupils in the	19512
regular student population in any school district, deduct the sum	19513
of the amounts obtained from the following computations:	19514

(1) Divide the number of the district's full-time equivalent	19515
classroom teachers employed by one twenty-fifth;	19516

(2) Subtract the quotient in (1) from the district's regular	19517
student population;	19518

(3) Multiply the difference in (2) by seven hundred	19519
fifty-two dollars.	19520

(C) If a positive amount, add one-half of the amount	19521
obtained by multiplying the number of full-time equivalent	19522
classroom teachers by:	19523

(1) The mean annual salary of all full-time equivalent	19524
classroom teachers employed by the district at their respective	19525
training and experience levels minus;	19526

(2) The mean annual salary of all such teachers at their	19527
respective levels in all school districts receiving payments under	19528
this section.	19529

The number of full-time equivalent classroom teachers used in	19530
this computation shall not exceed one twenty-fifth of the	19531
district's regular student population. In calculating the	19532
district's mean salary under this division, those full-time	19533
equivalent classroom teachers with the highest training level	19534
shall be counted first, those with the next highest training level	19535
second, and so on, in descending order. Within the respective	19536
training levels, teachers with the highest years of service shall	19537
be counted first, the next highest years of service second, and so	19538
on, in descending order.	19539

(D) This division does not apply to a school district that	19540
has entered into an agreement under division (A) of section	19541
3313.42 of the Revised Code. Deduct the amount obtained from the	19542
following computations if the district employs fewer than five	19543
full-time equivalent educational service personnel, including	19544
elementary school art, music, and physical education teachers,	19545
counselors, librarians, visiting teachers, school social workers,	19546
and school nurses for each one thousand pupils in the regular	19547
student population:	19548

(1) Divide the number of full-time equivalent educational	19549
service personnel employed by the district by five	19550
one-thousandths;	19551

(2) Subtract the quotient in (1) from the district's regular	19552
student population;	19553

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

19554

(E) If a local school district, or a city or exempted	19555
village school district to which a governing board of an	19556
educational service center provides services pursuant to section	19557
3313.843 of the Revised Code, deduct the amount of the payment	19558
required for the reimbursement of the governing board under	19559
section 3317.11 of the Revised Code.	19560

(F)(1) If the district is required to pay to or entitled to	19561
receive tuition from another school district under division (C)(2)	19562
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	19563
or if the superintendent of public instruction is required to	19564
determine the correct amount of tuition and make a deduction or	19565
credit under section 3317.08 of the Revised Code, deduct and	19566
credit such amounts as provided in division (I) of section 3313.64	19567
or section 3317.08 of the Revised Code.	19568

(2) For each child for whom the district is responsible for	19569
tuition or payment under division (A)(1) of section 3317.082 or	19570
section 3323.091 of the Revised Code, deduct the amount of tuition	19571
or payment for which the district is responsible.	19572

(G) If the district has been certified by the superintendent	19573
of public instruction under section 3313.90 of the Revised Code as	19574
not in compliance with the requirements of that section, deduct an	19575
amount equal to ten per cent of the amount computed for the	19576
district under section 3317.022 of the Revised Code.	19577

(H) If the district has received a loan from a commercial	19578
lending institution for which payments are made by the	19579
superintendent of public instruction pursuant to division (E)(3)	19580
of section 3313.483 of the Revised Code, deduct an amount equal to	19581
such payments.	19582

(I)(1) If the district is a party to an agreement entered	19583
into under division (D), (E), or (F) of section 3311.06 or	19584
division (B) of section 3311.24 of the Revised Code and is	19585
obligated to make payments to another district under such an	19586
agreement, deduct an amount equal to such payments if the district	19587
school board notifies the department in writing that it wishes to	19588
have such payments deducted.	19589

(2) If the district is entitled to receive payments from	19590
another district that has notified the department to deduct such	19591
payments under division (I)(1) of this section, add the amount of	19592
such payments.	19593

(J) If the district is required to pay an amount of funds to	19594
a cooperative education district pursuant to a provision described	19595
by division (B)(4) of section 3311.52 or division (B)(8) of	19596
section 3311.521 of the Revised Code, deduct such amounts as	19597
provided under that provision and credit those amounts to the	19598
cooperative education district for payment to the district under	19599
division (B)(1) of section 3317.19 of the Revised Code.	19600

(K)(1) If a district is educating a student entitled to	19601
attend school in another district pursuant to a shared education	19602
contract, compact, or cooperative education agreement other than	19603
an agreement entered into pursuant to section 3313.842 of the	19604
Revised Code, credit to that educating district on an FTE basis	19605
both of the following:	19606

(a) An amount equal to the formula amount times the cost of	19607
doing business factor of the school district where the student is	19608
entitled to attend school pursuant to section 3313.64 or 3313.65	19609
of the Revised Code;	19610

(b) An amount equal to the formula amount times the state	19611
share percentage times any multiple applicable to the student	19612
pursuant to section 3317.013 or 3317.014 of the Revised Code.	19613

(2) Deduct any amount credited pursuant to division (K)(1)	19614
of this section from amounts paid to the school district in which	19615
the student is entitled to attend school pursuant to section	19616
3313.64 or 3313.65 of the Revised Code.	19617

(3) If the district is required by a shared education	19618
contract, compact, or cooperative education agreement to make	19619
payments to an educational service center, deduct the amounts from	19620
payments to the district and add them to the amounts paid to the	19621
service center pursuant to section 3317.11 of the Revised Code.	19622

(L)(1) If a district, including a joint vocational school	19623
district, is a lead district of a VEPD, credit to that district	19624
the amounts calculated for all the school districts within that	19625
VEPD pursuant to division (E)(2) of section 3317.022 of the	19626
Revised Code.	19627

(2) Deduct from each appropriate district that is not a lead	19628
district, the amount attributable to that district that is	19629
credited to a lead district under division (L)(1) of this section.	19630

Sec. 3317.024. In addition to the moneys paid to eligible	19631
school districts pursuant to section 3317.022 of the Revised Code,	19632
moneys appropriated for the education programs in divisions (A) to	19633
(H), (J) to (L), (O), (P), and (R) of this section shall be	19634
distributed to school districts meeting the requirements of	19635
section 3317.01 of the Revised Code; in the case of divisions (J)	19636
and (P) of this section, to educational service centers as	19637
provided in section 3317.11 of the Revised Code; in the case of	19638
divisions (E), (M), and (N) of this section, to county MR/DD	19639
boards; in the case of division (R) of this section, to joint	19640
vocational school districts; in the case of division (K) of this	19641
section, to cooperative education school districts; and in the	19642
case of division (Q) of this section, to the institutions defined	19643
under section 3317.082 of the Revised Code providing elementary or	19644
secondary education programs to children other than children	19645
receiving special education under section 3323.091 of the Revised	19646
Code. The following shall be distributed monthly, quarterly, or	19647
annually as may be determined by the state board of education:	19648

(A) A per pupil amount to each school district that	19649
establishes a summer school remediation program that complies with	19650
rules of the state board of education.	19651

(B) An amount for each island school district and each joint	19652
state school district for the operation of each high school and	19653
each elementary school maintained within such district and for	19654
capital improvements for such schools. Such amounts shall be	19655
determined on the basis of standards adopted by the state board of	19656
education.	19657

(C) An amount for each school district operating classes for	19658
children of migrant workers who are unable to be in attendance in	19659
an Ohio school during the entire regular school year. The amounts	19660
shall be determined on the basis of standards adopted by the state	19661
board of education, except that payment shall be made only for	19662
subjects regularly offered by the school district providing the	19663
classes.	19664

(D) An amount for each school district with guidance,	19665
testing, and counseling programs approved by the state board of	19666
education. The amount shall be determined on the basis of	19667
standards adopted by the state board of education.	19668

(E) An amount for the emergency purchase of school buses as	19669
provided for in section 3317.07 of the Revised Code;	19670

(F) An amount for each school district required to pay	19671
tuition for a child in an institution maintained by the department	19672
of youth services pursuant to section 3317.082 of the Revised	19673
Code, provided the child was not included in the calculation of	19674
the district's average daily membership for the preceding school	19675
year.	19676

(G) In fiscal year 2000 only, an amount to each school	19677
district for supplemental salary allowances for each licensed	19678
employee except those licensees serving as superintendents,	19679
assistant superintendents, principals, or assistant principals,	19680
whose term of service in any year is extended beyond the term of	19681
service of regular classroom teachers, as described in section	19682
3301.0725 of the Revised Code;	19683

(H) An amount for adult basic literacy education for each	19684
district participating in programs approved by the state board of	19685
education. The amount shall be determined on the basis of	19686
standards adopted by the state board of education.	19687

(I) Notwithstanding section 3317.01 of the Revised Code, but	19688
only until June 30, 1999, to each city, local, and exempted	19689
village school district, an amount for conducting driver education	19690
courses at high schools for which the state board of education	19691
prescribes minimum standards and to joint vocational and	19692
cooperative education school districts and educational service	19693
centers, an amount for conducting driver education courses to	19694
pupils enrolled in a high school for which the state board	19695
prescribes minimum standards. No payments shall be made under	19696
this division after June 30, 1999.	19697

(J) An amount for the approved cost of transporting	19698
developmentally handicapped pupils whom it is impossible or	19699
impractical to transport by regular school bus in the course of	19700
regular route transportation provided by the district or service	19701
center. No district or service center is eligible to receive a	19702
payment under this division for the cost of transporting any pupil	19703
whom it transports by regular school bus and who is included in	19704
the district's transportation ADM. The state board of education	19705
shall establish standards and guidelines for use by the department	19706
of education in determining the approved cost of such	19707
transportation for each district or service center.	19708

(K) An amount to each school district, including each	19709
cooperative education school district, pursuant to section 3313.81	19710
of the Revised Code to assist in providing free lunches to needy	19711
children and an amount to assist needy school districts in	19712
purchasing necessary equipment for food preparation. The amounts	19713
shall be determined on the basis of rules adopted by the state	19714
board of education.	19715

(L) An amount to each school district, for each pupil	19716
attending a chartered nonpublic elementary or high school within	19717
the district. The amount shall equal the amount appropriated for	19718
the implementation of section 3317.06 of the Revised Code divided	19719
by the average daily membership in grades kindergarten through	19720
twelve in nonpublic elementary and high schools within the state	19721
as determined during the first full week in October of each school	19722
year.	19723

(M) An amount for each county MR/DD board, distributed on	19724
the basis of standards adopted by the state board of education,	19725
for the approved cost of transportation required for children	19726
attending special education programs operated by the county MR/DD	19727
board under section 3323.09 of the Revised Code;	19728

(N) An amount for each county MR/DD board, distributed on	19729
the basis of standards adopted by the state board of education,	19730
for supportive home services for preschool children;	19731

(O) An amount for each school district that establishes a	19732
mentor teacher program that complies with rules of the state board	19733
of education. No school district shall be required to establish	19734
or maintain such a program in any year unless sufficient funds are	19735
appropriated to cover the district's total costs for the program.	19736

(P) An amount to each school district or educational service	19737
center for the total number of gifted units approved pursuant to	19738
section 3317.05 of the Revised Code. The amount for each such	19739
unit shall be the sum of the minimum salary for the teacher of the	19740
unit, calculated on the basis of the teacher's training level and	19741
years of experience pursuant to the salary schedule prescribed in	19742
the version of section 3317.13 of the Revised Code in effect prior	19743
to the effective date of this amendment, plus fifteen per cent of	19744
that minimum salary amount, plus two thousand six hundred	19745
seventy-eight dollars.	19746

(Q) An amount to each institution defined under section	19747
3317.082 of the Revised Code providing elementary or secondary	19748
education to children other than children receiving special	19749
education under section 3323.091 of the Revised Code. This amount	19750
for any institution in any fiscal year shall equal the total of	19751
all tuition amounts required to be paid to the institution under	19752
division (A)(1) of section 3317.082 of the Revised Code.	19753

(R) A grant to each school district and joint vocational	19754
school district that operates a "graduation, reality, and	19755
dual-role skills" (GRADS) program for pregnant and parenting	19756
students that is approved by the department. The amount of the	19757
payment shall be the district's state share percentage, as defined	19758
in section 3317.022 or 3317.16 of the Revised Code, times the	19759
GRADS personnel allowance times the full-time-equivalent number of	19760
GRADS teachers approved by the department. The GRADS personnel	19761
allowance is ~~$45,000 in fiscal year 2000 and~~ $46,260 in fiscal	19762
~~year 2001~~ years 2002 and 2003.	19763

The state board of education or any other board of education	19764
or governing board may provide for any resident of a district or	19765
educational service center territory any educational service for	19766
which funds are made available to the board by the United States	19767
under the authority of public law, whether such funds come	19768
directly or indirectly from the United States or any agency or	19769
department thereof or through the state or any agency, department,	19770
or political subdivision thereof.	19771

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

19772

(1) "DPIA percentage" means:

19773

(a) In fiscal years prior to fiscal year 2004, the quotient	19774
obtained by dividing the five-year average number of children ages	19775
five to seventeen residing in the school district and living in a	19776
family receiving ~~family~~ assistance under the Ohio works first	19777
program or an antecedent program known as TANF or ADC, as	19778
certified or adjusted under section 3317.10 of the Revised Code,	19779
by the district's three-year average formula ADM.	19780

(b) Beginning in fiscal year 2004, the five-year average,	19781
unduplicated number of children ages five to seventeen residing in	19782
the school district and living in a family that has family income	19783
not exceeding the federal poverty guidelines and that receives	19784
family assistance, as certified or adjusted under section 3317.10	19785
of the Revised Code, divided by the district's three-year average	19786
formula ADM.	19787

(2) "Family assistance" means assistance received under one	19788
of the following:	19789

(a) The Ohio works first program ~~or, for the purpose of~~	19790
~~determining the five-year average number of recipients of family~~	19791
~~assistance in fiscal years 1999 through 2002, assistance received~~	19792
~~under an antecedent program known as TANF or ADC~~;	19793

(b) The food stamp program;

19794

(c) The medical assistance program, including the healthy	19795
start program, established under Chapter 5111. of the Revised	19796
Code;	19797

(d) The children's health insurance program part I	19798
established under section 5101.50 of the Revised Code or, prior to	19799
fiscal year 2000, an executive order issued under section 107.17	19800
of the Revised Code;	19801

(e) The disability assistance program established under	19802
Chapter 5115. of the Revised Code.	19803

(3) "Statewide DPIA percentage" means:

19804

(a) In fiscal years prior to fiscal year 2004, the five-year	19805
average of the total number of children ages five to seventeen	19806
years residing in the state and receiving ~~family~~ assistance under	19807
the Ohio works first program or an antecedent program known as	19808
TANF or ADC, divided by the sum of the three-year average formula	19809
ADMs for all school districts in the state.	19810

(b) Beginning in fiscal year 2004, the five-year average of	19811
the total, unduplicated number of children ages five to seventeen	19812
residing in the state and living in a family that has family	19813
income not exceeding the federal poverty guidelines and that	19814
receives family assistance, divided by the sum of the three-year	19815
average formula ADMs for all school districts in the state.	19816

(4) "DPIA index" means the quotient obtained by dividing the	19817
school district's DPIA percentage by the statewide DPIA	19818
percentage.	19819

(5) "Federal poverty guidelines" has the same meaning as in	19820
section 5101.46 of the Revised Code.	19821

(6) "DPIA student count" means:

19822

(a) In fiscal years prior to fiscal year 2004, the	19823
five-year average number of children ages five to seventeen	19824
residing in the school district and living in a family receiving	19825
assistance under the Ohio works first program or an antecedent	19826
program known as TANF or ADC, as certified under section 3317.10	19827
of the Revised Code;	19828

(b) Beginning in fiscal year 2004, the five-year average,	19829
unduplicated number of children ages five to seventeen residing in	19830
the school district and living in a family that has family income	19831
not exceeding the federal poverty guidelines and that receives	19832
family assistance, as certified or adjusted under section 3317.10	19833
of the Revised Code.	19834

(7) "Kindergarten ADM" means the number of students reported	19835
under section 3317.03 of the Revised Code as enrolled in	19836
kindergarten.	19837

~~(6)~~(8) "Kindergarten through third grade ADM" means the	19838
amount calculated as follows:	19839

(a) Multiply the kindergarten ADM by the sum of one plus the	19840
all-day kindergarten percentage;	19841

(b) Add the number of students in grades one through three;

19842

(c) Subtract from the sum calculated under division	19843
(A)(6)(b) of this section the number of special education students	19844
in grades kindergarten through three.	19845

~~(7)~~(9) "Statewide average teacher salary" means ~~forty~~	19846
forty-two thousand ~~one~~ four hundred ~~eighty-seven~~ sixty-nine	19847
dollars in fiscal year ~~2000~~ 2002, and ~~forty-one~~ forty-three	19848
thousand ~~three~~ six hundred ~~twelve~~ fifty-eight dollars in fiscal	19849
year ~~2001~~ 2003, which includes an amount for the value of fringe	19850
benefits.	19851

~~(8)~~(10) "All-day kindergarten" means a kindergarten class	19852
that is in session five days per week for not less than the same	19853
number of clock hours each day as for pupils in grades one through	19854
six.	19855

~~(9)~~(11) "All-day kindergarten percentage" means the	19856
percentage of a district's actual total number of students	19857
enrolled in kindergarten who are enrolled in all-day kindergarten.	19858

~~(10)~~(12) "Buildings with the highest concentration of need"	19859
means:	19860

(a) In fiscal years prior to fiscal year 2004, the school	19861
buildings in a district with percentages of students ~~receiving~~	19862
~~family assistance~~ in grades kindergarten through three receiving	19863
assistance under Ohio works first at least as high as the	19864
district-wide percentage of students receiving ~~family~~ such	19865
assistance. ~~If, however~~	19866

(b) Beginning in fiscal year 2004, the school buildings in a	19867
district with percentages of students in grades kindergarten	19868
through three receiving family assistance at least as high as the	19869
district-wide percentage of students receiving family assistance.	19870

(c) If, in any fiscal year, the information provided by the	19871
department of job and family services under section 3317.10 of the	19872
Revised Code is insufficient to determine the Ohio works first or	19873
family assistance percentage in each building, "buildings with the	19874
highest concentration of need" has the meaning given in rules that	19875
the department of education shall adopt. The rules shall base the	19876
definition of "buildings with the highest concentration of need"	19877
on family income of students in grades kindergarten through three	19878
in a manner that, to the extent possible with available data,	19879
approximates the intent of this division and division (G) of this	19880
section to designate buildings where the Ohio works first or	19881
family assistance percentage in those grades equals or exceeds the	19882
district-wide Ohio works first or family assistance percentage.	19883

(B) In addition to the amounts required to be paid to a	19884
school district under section 3317.022 of the Revised Code, a	19885
school district shall receive the greater of the amount the	19886
district received in fiscal year 1998 pursuant to division (B) of	19887
section 3317.023 of the Revised Code as it existed at that time or	19888
the sum of the computations made under divisions (C) to (E) of	19889
this section.	19890

(C) A supplemental payment that may be utilized for measures	19891
related to safety and security and for remediation or similar	19892
programs, calculated as follows:	19893

(1) If the DPIA index of the school district is greater than	19894
or equal to thirty-five-hundredths, but less than one, an amount	19895
obtained by multiplying the ~~five-year average number of pupils in~~	19896
~~a district receiving family assistance~~ district's DPIA student	19897
count by two hundred thirty dollars;	19898

(2) If the DPIA index of the school district is greater than	19899
or equal to one, an amount obtained by multiplying the DPIA index	19900
by two hundred thirty dollars and multiplying that product by the	19901
~~five-year average number of pupils in a district receiving family~~	19902
~~assistance~~ district's DPIA student count.	19903

Except as otherwise provided in division (F) of this section,	19904
beginning with the school year that starts July 1, 2002, each	19905
school district annually shall use at least twenty per cent of the	19906
funds calculated for the district under this division for	19907
intervention services required by section 3313.608 of the Revised	19908
Code.	19909

(D) A payment for all-day kindergarten if the DPIA index of	19910
the school district is greater than or equal to one or if the	19911
district's three-year average formula ADM exceeded seventeen	19912
thousand five hundred, calculated by multiplying the all-day	19913
kindergarten percentage by the kindergarten ADM and multiplying	19914
that product by the formula amount.	19915

(E) A class-size reduction payment based on calculating the	19916
number of new teachers necessary to achieve a lower	19917
student-teacher ratio, as follows:	19918

(1) Determine or calculate a formula number of teachers per	19919
one thousand students based on the DPIA index of the school	19920
district as follows:	19921

(a) If the DPIA index of the school district is less than	19922
six-tenths, the formula number of teachers is 43.478, which is the	19923
number of teachers per one thousand students at a student-teacher	19924
ratio of twenty-three to one;	19925

(b) If the DPIA index of the school district is greater than	19926
or equal to six-tenths, but less than two and one-half, the	19927
formula number of teachers is calculated as follows:	19928

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

19929

Where 43.478 is the number of teachers per one thousand	19930
students at a student-teacher ratio of twenty-three to one; 1.9 is	19931
the interval from a DPIA index of six-tenths to a DPIA index of	19932
two and one-half; and 23.188 is the difference in the number of	19933
teachers per one thousand students at a student-teacher ratio of	19934
fifteen to one and the number of teachers per one thousand	19935
students at a student-teacher ratio of twenty-three to one.	19936

(c) If the DPIA index of the school district is greater than	19937
or equal to two and one-half, the formula number of teachers is	19938
66.667, which is the number of teachers per one thousand students	19939
at a student-teacher ratio of fifteen to one.	19940

(2) Multiply the formula number of teachers determined or	19941
calculated in division (E)(1) of this section by the kindergarten	19942
through third grade ADM for the district and divide that product	19943
by one thousand;	19944

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

19945

(a) Multiply the kindergarten through third grade ADM by	19946
43.478, which is the number of teachers per one thousand students	19947
at a student-teacher ratio of twenty-three to one, and divide that	19948
product by one thousand;	19949

(b) Subtract the quotient obtained in division (E)(3)(a) of	19950
this section from the product in division (E)(2) of this section.	19951

(4) Multiply the greater of the difference obtained under	19952
division (E)(3) of this section or zero by the statewide average	19953
teachers salary.	19954

(F) This division applies only to school districts whose	19955
DPIA index is one or greater.	19956

(1) Each school district subject to this division shall	19957
first utilize funds received under this section so that, when	19958
combined with other funds of the district, sufficient funds exist	19959
to provide all-day kindergarten to at least the number of children	19960
in the district's all-day kindergarten percentage.	19961

(2) Up to an amount equal to the district's DPIA index	19962
multiplied by ~~the five-year average number of pupils in a district~~	19963
~~receiving family assistance~~ its DPIA student count multiplied by	19964
two hundred thirty dollars of the money distributed under this	19965
section may be utilized for one or both of the following:	19966

(a) Programs designed to ensure that schools are free of	19967
drugs and violence and have a disciplined environment conducive to	19968
learning;	19969

(b) Remediation for students who have failed or are in	19970
danger of failing any of the proficiency tests administered	19971
pursuant to section 3301.0710 of the Revised Code.	19972

Beginning with the school year that starts on July 1, 2002,	19973
each school district shall use at least twenty per cent of the	19974
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	19975
this section to provide intervention services required by section	19976
3313.608 of the Revised Code.	19977

(3) Except as otherwise required by division (G) or	19978
permitted under division (K) of this section, all other funds	19979
distributed under this section to districts subject to this	19980
division shall be utilized for the purpose of the third grade	19981
guarantee. The third grade guarantee consists of increasing the	19982
amount of instructional attention received per pupil in	19983
kindergarten through third grade, either by reducing the ratio of	19984
students to instructional personnel or by increasing the amount of	19985
instruction and curriculum-related activities by extending the	19986
length of the school day or the school year.	19987

School districts may implement a reduction of the ratio of	19988
students to instructional personnel through any or all of the	19989
following methods:	19990

(a) Reducing the number of students in a classroom taught by	19991
a single teacher;	19992

(b) Employing full-time educational aides or educational	19993
paraprofessionals issued a permit or license under section	19994
3319.088 of the Revised Code;	19995

(c) Instituting a team-teaching method that will result in a	19996
lower student-teacher ratio in a classroom.	19997

Districts may extend the school day either by increasing the	19998
amount of time allocated for each class, increasing the number of	19999
classes provided per day, offering optional academic-related	20000
after-school programs, providing curriculum-related extra	20001
curricular activities, or establishing tutoring or remedial	20002
services for students who have demonstrated an educational need.	20003
In accordance with section 3319.089 of the Revised Code, a	20004
district extending the school day pursuant to this division may	20005
utilize a participant of the work experience program who has a	20006
child enrolled in a public school in that district and who is	20007
fulfilling the work requirements of that program by volunteering	20008
or working in that public school. If the work experience program	20009
participant is compensated, the school district may use the funds	20010
distributed under this section for all or part of the	20011
compensation.	20012

Districts may extend the school year either through adding	20013
regular days of instruction to the school calendar or by providing	20014
summer programs.	20015

(G) Each district subject to division (F) of this section	20016
shall not expend any funds received under division (E) of this	20017
section in any school buildings that are not buildings with the	20018
highest concentration of need, unless there is a ratio of	20019
instructional personnel to students of no more than fifteen to one	20020
in each kindergarten and first grade class in all buildings with	20021
the highest concentration of need. This division does not require	20022
that the funds used in buildings with the highest concentration of	20023
need be spent solely to reduce the ratio of instructional	20024
personnel to students in kindergarten and first grade. A school	20025
district may spend the funds in those buildings in any manner	20026
permitted by division (F)(3) of this section, but may not spend	20027
the money in other buildings unless the fifteen-to-one ratio	20028
required by this division is attained.	20029

(H)(1) By the first day of August of each fiscal year, each	20030
school district wishing to receive any funds under division (D) of	20031
this section shall submit to the department of education an	20032
estimate of its all-day kindergarten percentage. Each district	20033
shall update its estimate throughout the fiscal year in the form	20034
and manner required by the department, and the department shall	20035
adjust payments under this section to reflect the updates.	20036

(2) Annually by the end of December, the department of	20037
education, utilizing data from the information system established	20038
under section 3301.0714 of the Revised Code and after consultation	20039
with the legislative office of education oversight, shall	20040
determine for each school district subject to division (F) of this	20041
section whether in the preceding fiscal year the district's ratio	20042
of instructional personnel to students and its number of	20043
kindergarten students receiving all-day kindergarten appear	20044
reasonable, given the amounts of money the district received for	20045
that fiscal year pursuant to divisions (D) and (E) of this	20046
section. If the department is unable to verify from the data	20047
available that students are receiving reasonable amounts of	20048
instructional attention and all-day kindergarten, given the funds	20049
the district has received under this section and that class-size	20050
reduction funds are being used in school buildings with the	20051
highest concentration of need as required by division (G) of this	20052
section, the department shall conduct a more intensive	20053
investigation to ensure that funds have been expended as required	20054
by this section. The department shall file an annual report of	20055
its findings under this division with the chairpersons of the	20056
committees in each house of the general assembly dealing with	20057
finance and education.	20058

(I) Any school district with a DPIA index less than one and	20059
a three-year average formula ADM exceeding seventeen thousand five	20060
hundred shall first utilize funds received under this section so	20061
that, when combined with other funds of the district, sufficient	20062
funds exist to provide all-day kindergarten to at least the number	20063
of children in the district's all-day kindergarten percentage.	20064
Such a district shall expend at least seventy per cent of the	20065
remaining funds received under this section, and any other	20066
district with a DPIA index less than one shall expend at least	20067
seventy per cent of all funds received under this section, for any	20068
of the following purposes:	20069

(1) The purchase of technology for instructional purposes;

20070

(2) All-day kindergarten;

20071

(3) Reduction of class sizes;

20072

(4) Summer school remediation;

20073

(5) Dropout prevention programs;

20074

(6) Guaranteeing that all third graders are ready to	20075
progress to more advanced work;	20076

(7) Summer education and work programs;

20077

(8) Adolescent pregnancy programs;

20078

(9) Head start or preschool programs;

20079

(10) Reading improvement programs described by the	20080
department of education;	20081

(11) Programs designed to ensure that schools are free of	20082
drugs and violence and have a disciplined environment conducive to	20083
learning;	20084

(12) Furnishing, free of charge, materials used in courses	20085
of instruction, except for the necessary textbooks or electronic	20086
textbooks required to be furnished without charge pursuant to	20087
section 3329.06 of the Revised Code, to pupils living in families	20088
participating in Ohio works first in accordance with section	20089
3313.642 of the Revised Code;	20090

(13) School breakfasts provided pursuant to section 3313.813	20091
of the Revised Code.	20092

Each district shall submit to the department, in such format	20093
and at such time as the department shall specify, a report on the	20094
programs for which it expended funds under this division.	20095

(J) If at any time the superintendent of public instruction	20096
determines that a school district receiving funds under division	20097
(D) of this section has enrolled less than the all-day	20098
kindergarten percentage reported for that fiscal year, the	20099
superintendent shall withhold from the funds otherwise due the	20100
district under this section a proportional amount as determined by	20101
the difference in the certified all-day kindergarten percentage	20102
and the percentage actually enrolled in all-day kindergarten.	20103

The superintendent shall also withhold an appropriate amount	20104
of funds otherwise due a district for any other misuse of funds	20105
not in accordance with this section.	20106

(K)(1) A district may use a portion of the funds calculated	20107
for it under division (D) of this section to modify or purchase	20108
classroom space to provide all-day kindergarten, if both of the	20109
following conditions are met:	20110

(a) The district certifies to the department, in a manner	20111
acceptable to the department, that it has a shortage of space for	20112
providing all-day kindergarten.	20113

(b) The district provides all-day kindergarten to the number	20114
of children in the all-day kindergarten percentage it certified	20115
under this section.	20116

(2) A district may use a portion of the funds described in	20117
division (F)(3) of this section to modify or purchase classroom	20118
space to enable it to further reduce class size in grades	20119
kindergarten through two with a goal of attaining class sizes of	20120
fifteen students per licensed teacher. To do so, the district	20121
must certify its need for additional space to the department, in a	20122
manner satisfactory to the department.	20123

Sec. 3317.0210. (A) As used in this section:

20124

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	20125
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	20126

(2) "Chapter 11 corporation" means a corporation, company, or	20127
other business organization that has filed a petition for	20128
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	20129
Stat. 2626, 11 U.S.C. 1101, as amended.	20130

(3) "Real property" includes public utility real property and	20131
"personal property" includes public utility personal property.	20132

(4) "Uncollectable taxes" means property taxes owed by a	20133
Chapter 11 corporation on its property for a tax year that a	20134
school district is precluded from collecting by virtue of	20135
proceedings under the Bankruptcy Reform Act.	20136

(5) "Basic state aid" means the state aid calculated for a	20137
school district under section 3317.022 of the Revised Code.	20138

(6) "Effective value" means the sum of the	20139
residential/agricultural real property value, the effective	20140
nonresidential/agricultural real property value, and the effective	20141
personal value.	20142

(7) "Effective nonresidential/agricultural real property	20143
value" means, for a tax year, the amount obtained by multiplying	20144
the value for that year of nonresidential/agricultural real	20145
property subject to taxation in the district by a fraction, the	20146
numerator of which is the total taxes charged and payable for that	20147
year against the nonresidential/agricultural real property subject	20148
to taxation in the district, exclusive of the uncollectable taxes	20149
for that year on all real property subject to taxation in the	20150
district, and the denominator of which is the total taxes charged	20151
and payable for that year against the nonresidential/agricultural	20152
real property subject to taxation in the district.	20153

(8) "Effective personal value" means, for a tax year, the	20154
amount obtained by multiplying the value for that year certified	20155
under division (A)(2) of section 3317.021 of the Revised Code by a	20156
fraction, the numerator of which is the total taxes charged and	20157
payable for that year against personal property subject to	20158
taxation in the district, exclusive of the uncollectable taxes for	20159
that year on that property, and the denominator of which is the	20160
total taxes charged and payable for that year against personal	20161
property subject to taxation in the district.	20162

(9) "Nonresidential/agricultural real property value" means,	20163
for a tax year, the sum of the values certified for a school	20164
district for that year under division (B)(2)(a) of this section,	20165
and "residential/agricultural real property value" means, for a	20166
tax year, the sum of the values certified for a school district	20167
under division (B)(2)(b) of this section.	20168

(10) "Taxes charged and payable against real property" means	20169
the taxes charged and payable against that property after making	20170
the reduction required by section 319.301 of the Revised Code.	20171

(11) "Total taxes charged and payable" has the same meaning	20172
given "taxes charged and payable" in section 3317.02 of the	20173
Revised Code.	20174

(B)(1) By Between the first day of ~~August~~ January and the	20175
first day of February of any ~~calendar~~ year, a school district	20176
shall notify the department of education if it has uncollectable	20177
taxes from one Chapter 11 corporation for the ~~second~~ preceding tax	20178
year whose total taxes charged and payable represent at least	20179
one-half of one per cent of the district's total taxes charged and	20180
payable for that tax year.	20181

(2) The department shall verify whether the district has	20182
such uncollectable taxes from such a corporation ~~by the first day~~	20183
~~of September~~, and if the district does, shall immediately request	20184
the ~~county auditor of each county in which the school district has~~	20185
~~territory~~ tax commissioner to certify the following information	20186
concerning the district's property values and taxes for the ~~second~~	20187
preceding tax year, and ~~each such auditor~~ the tax commissioner	20188
shall certify that information to the department within thirty	20189
days of after receiving the request:	20190

(a) The value of the property subject to taxation in the	20191
district that was classified as nonresidential/agricultural real	20192
property pursuant to section 5713.041 of the Revised Code, and the	20193
taxes charged and payable on that property; and	20194

(b) The value of the property subject to taxation in the	20195
district that was classified as residential/agricultural real	20196
property under section 5713.041 of the Revised Code.	20197

(C) ~~By the fifteenth day of November~~ Upon receiving the	20198
certification from the tax commissioner, the department shall	20199
compute the district's effective nonresidential/agricultural real	20200
property value, residential/agricultural real property value,	20201
effective personal value, and effective value, and shall determine	20202
whether the school district's effective value for the ~~second~~	20203
preceding tax year is at least one per cent less than its total	20204
taxable value for ~~that~~ the second preceding tax year as certified	20205
under divisions (A)(1) and (2) of section 3317.021 of the Revised	20206
Code. If it is, the department shall recompute the basic state	20207
aid payable to the district for the ~~immediately preceding~~ current	20208
fiscal year using the effective value in lieu of the ~~amounts~~	20209
~~previously certified under section 3317.021 of the Revised Code~~	20210
total taxable value used to compute the basic state aid for the	20211
current fiscal year. The difference between the ~~original~~ basic	20212
state aid amount originally computed for the district for the	20213
~~preceding~~ current fiscal year and the recomputed amount shall be	20214
paid to the district from the lottery profits education fund	20215
before the end of the current fiscal year.	20216

(D) Not later than August 1, 2001, a school district shall	20217
notify the department of education if it has uncollectable taxes	20218
from one Chapter 11 corporation for tax year 1999 or, separately,	20219
tax year 2000, whose total taxes charged and payable for the tax	20220
year represent at least one-half of one per cent of the district's	20221
total taxes charged and payable for that tax year. The department	20222
shall verify whether the district has such uncollectable taxes	20223
from such a corporation and, if it does, shall immediately request	20224
the tax commissioner to certify the information enumerated in	20225
divisions (B)(2)(a) and (b) of this section for the tax year. The	20226
tax commissioner shall certify that information to the department	20227
within thirty days after receiving the request.	20228

Upon receiving the certification from the tax commissioner,	20229
the department shall compute the district's effective value for	20230
the tax year for which the certification was made and shall	20231
determine whether the effective value for the tax year is at least	20232
one per cent less than its total taxable value for that tax year.	20233
If it is, the department shall recompute the basic state aid	20234
payable to the district as follows:	20235

(1) For such uncollectable taxes for tax year 1999,	20236
recompute the basic state aid for fiscal year 2001 using the	20237
effective value for tax year 1999 in lieu of the total taxable	20238
value for that tax year as certified under divisions (A)(1) and	20239
(2) of section 3317.021 of the Revised Code;	20240

(2) For such uncollectable taxes for tax year 2000,	20241
recompute the basic state aid for fiscal year 2002 using the	20242
effective value for tax year 2000 in lieu of the total taxable	20243
value for that tax year certified under those divisions.	20244

The difference between the basic state aid amount originally	20245
computed for the district for fiscal year 2001 or fiscal year 2002	20246
and the amount recomputed for that year under division (C)(1) or	20247
(2) of this section shall be paid to the district from the lottery	20248
profits education fund before the end of fiscal year 2002.	20249

(E) Amounts received by a school district under division	20250
(C) and (D) of this section shall be repaid to the department of	20251
education in any future year to the extent the district receives	20252
payments of uncollectable taxes in such future year. The	20253
department shall notify a district of any amount owed under this	20254
division.	20255

Sec. 3317.0212. Divisions (B) and (C) of this section do not	20256
apply to a school district with a formula ADM of one hundred fifty	20257
or less.	20258

(A) As used in this section:

20259

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998	20260
state aid" for a district means the total amount of state money	20261
received by the district for the applicable fiscal year as	20262
reported on the department of education's form "SF-12," adjusted	20263
as follows:	20264

(a) Minus the amount for transportation;

20265

(b) Minus any amounts for approved preschool handicapped	20266
units;	20267

(c) Minus any additional amount attributable to the	20268
reappraisal guarantee of division (C) of section 3317.04 of the	20269
Revised Code;	20270

(d) Plus the amount deducted for payments to an educational	20271
service center;	20272

(e) Plus an estimated portion of the state money distributed	20273
in the applicable fiscal year to other school districts or	20274
educational service centers for approved units, other than	20275
preschool handicapped or gifted education units, attributable to	20276
the costs of providing services in those units to students	20277
entitled to attend school in the district;	20278

(f) Minus an estimated portion of the state money	20279
distributed to the school district in the applicable fiscal year	20280
for approved units, other than preschool handicapped units or	20281
gifted education units, attributable to the costs of providing	20282
services in those units to students entitled to attend school in	20283
another school district;	20284

(g) Plus any additional amount paid in the applicable fiscal	20285
year pursuant to the vocational education recomputation required	20286
by Section 45.12 of Amended Substitute House Bill No. 117 of the	20287
121st general assembly or former Section 50.22 of Amended	20288
Substitute House Bill No. 215 of the 122nd general assembly;	20289

(h) Plus any additional amount paid in the applicable fiscal	20290
year pursuant to the special education recomputation required by	20291
former division (I) of section 3317.023 of the Revised Code;	20292

(i) Plus any amount paid for equity aid in the applicable	20293
fiscal year under section 3317.0213 of the Revised Code;	20294

(j) Plus any amount received for the applicable fiscal year	20295
pursuant to section 3317.027 of the Revised Code;	20296

(k) Plus any amount received for the applicable fiscal year	20297
resulting from a recomputation made under division (B) of section	20298
3317.022 of the Revised Code, as that section existed in the	20299
applicable fiscal year.	20300

(2) "State basic aid" for a district for any fiscal year	20301
after fiscal year 1999 means the sum of the following:	20302

(a) The amount computed for the district for base cost	20303
funding, special education funding, and vocational education	20304
funding under divisions (A), (C)(1) and (5), and (E) of section	20305
3317.022 and sections 3317.025 and 3317.027 of the Revised Code	20306
and DPIA aid under section 3317.029 of the Revised Code in the	20307
current fiscal year before any deduction or credit required by	20308
division (B), (D), (E), (F), (G), (H), (I), (J), (K), or (L) of	20309
section 3317.023 or division (J) of section 3317.029 of the	20310
Revised Code;	20311

(b) Any amounts for which the district is eligible pursuant	20312
to division (C) of section 3317.023, divisions (G), (P), and (R)	20313
of section 3317.024, and the supplemental unit allowance paid for	20314
gifted units under division (B) of section ~~3317.162~~ 3317.053 of	20315
the Revised Code;	20316

(c) Any equity aid for which the district is eligible under	20317
section 3317.0213 of the Revised Code.	20318

~~(3) "Adjusted FY 1999 actual aid" has the same meaning as in~~	20319
~~Section 18 of Am. Sub. H.B. 650 of the 122nd general assembly, as~~	20320
~~amended.~~	20321

~~(4) "Vocational education set-aside" means the up to~~	20322
~~$24,193,118 earmarked for additional school district vocational~~	20323
~~education grants under appropriation item 200-545, vocational~~	20324
~~education enhancements, in Am. Sub. H.B. 770 of the 122nd general~~	20325
~~assembly.~~	20326

(B) Upon request of the department of education, the	20327
treasurer of any school district or educational service center	20328
shall furnish data needed to calculate the amounts specified in	20329
divisions (A)(1)(e) and (f) of this section. The department shall	20330
compute and pay the state basic aid guarantee for each school	20331
district for the fiscal year as follows:	20332

(1) Subtract the amount of state basic aid from the amount	20333
of fundamental FY 1998 state aid. If a negative number, this	20334
computation shall be deemed to be zero.	20335

(2) Pay the district any positive amount calculated under	20336
division (B)(1) of this section.	20337

(C) In fiscal year ~~2000, the department shall calculate for~~	20338
~~each district the sum of the district's state basic aid for that~~	20339
~~fiscal year, plus any amount calculated under division (B)(1) of~~	20340
~~this section, plus the transportation portion of state aid~~	20341
~~computed for the district for that fiscal year under division (D)~~	20342
~~of the version of section 3317.022 of the Revised Code in effect~~	20343
~~that fiscal year. If a district's adjusted FY 1999 actual aid is~~	20344
~~greater than that sum, then the department shall pay the district~~	20345
~~in that fiscal year one hundred per cent of the difference~~ 2002,	20346
if a school district's composite state funding for that fiscal	20347
year is less than its composite state funding for fiscal year	20348
2001, the department shall pay the district the difference as	20349
transitional aid. For purposes of this division:	20350

(1) A district's composite state funding for fiscal year	20351
2001 equals its state basic aid for that year plus the amounts	20352
calculated for the district that year under this section, division	20353
(D) of section 3317.022, sections 3317.0215 and 3317.0216, and	20354
division (C) of section 3317.04 of the Revised Code, after any	20355
adjustment made pursuant to Section 18 of Am. Sub. H.B. 650 of the	20356
122nd General Assembly, as subsequently amended.	20357

(2) A district's composite state funding for fiscal year	20358
2002 equals its state basic aid for that year plus the amounts	20359
calculated for the district that year under this section, division	20360
(D) of section 3317.022, sections 3317.0216 and 3317.0217, and	20361
division (C) of section 3317.04 of the Revised Code.	20362

(D)(1) The state basic aid guarantee in any fiscal year for	20363
a school district with a formula ADM of one hundred fifty or less	20364
shall be the greatest of the following amounts:	20365

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

20366

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

20367

20368

(2) If in any fiscal year the state basic aid for a school	20369
district with a formula ADM of one hundred fifty or less is less	20370
than the guarantee amount determined for the district under	20371
division (D)(1) of this section, the department of education shall	20372
pay the district the amount of the difference.	20373

Sec. 3317.0213. No money shall be distributed under this	20374
section after fiscal year ~~2002~~ 2005.	20375

(A) As used in this section:

20376

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

20377

(a) In fiscal year 1999, the FY 1998 ADM;

20378

(b) In fiscal years 2000 through ~~2002~~ 2005, the formula ADM	20379
reported for the previous fiscal year.	20380

(2) "Average taxable value" means the average of the amounts	20381
certified for a district in the second, third, and fourth	20382
preceding fiscal years under divisions (A)(1) and (2) of section	20383
3317.021 of the Revised Code.	20384

(3) "Valuation per pupil" for a district means:

20385

(a) In fiscal year 1999, the district's average taxable	20386
value, divided by the district's FY 1998 ADM;	20387

(b) In a fiscal year that occurs after fiscal year 1999, the	20388
district's average taxable value, divided by the district's	20389
formula ADM for the preceding fiscal year.	20390

(4) "Threshold valuation" means:

20391

(a) In fiscal year 1999, the adjusted valuation per pupil of	20392
the school district with the two hundred twenty-ninth lowest	20393
adjusted valuation per pupil in the state, according to data	20394
available at the time of the computation under division (B) of	20395
this section;	20396

(b) In fiscal year 2000, the adjusted valuation per pupil of	20397
the district with the one hundred ninety-sixth lowest such	20398
valuation in the state;	20399

(c) In fiscal year 2001, the adjusted valuation per pupil of	20400
the district with the one hundred sixty-third lowest such	20401
valuation in the state;	20402

(d) In fiscal ~~year~~ years 2002 through 2005, the adjusted	20403
valuation per pupil of the district with the	20404
one-hundred-eighteenth lowest such valuation in the state.	20405

(5) "Adjusted valuation per pupil" for a district means an	20406
amount calculated in accordance with the following formula:	20407

The district's valuation per pupil -	20408

($30,000 X (one minus the

20409

district's income factor))

20410

(6) "Millage rate" means .012 in fiscal year 1999, .011 in	20411
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal	20412
~~year~~ years 2002 through 2005.	20413

(7) "Payment percentage" equals 100% prior to fiscal year	20414
2003, 75% in fiscal year 2003, 50% in fiscal year 2004, 25% in	20415
fiscal year 2005, and zero after fiscal year 2005.	20416

(B) Beginning in fiscal year 1993, during August of each	20417
fiscal year, the department of education shall distribute to each	20418
school district meeting the requirements of section 3317.01 of the	20419
Revised Code whose adjusted valuation per pupil is less than the	20420
threshold valuation, an amount calculated in accordance with the	20421
following formula:	20422

(The threshold valuation -	20423

the district's adjusted valuation per pupil) X

20424

millage rate X ADM X the payment percentage

20425

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

20426

(1) "Total taxes charged and payable for current expenses"	20427
means the sum of the taxes charged and payable as certified under	20428
division (A)(3)(a) of section 3317.021 of the Revised Code less	20429
any amounts reported under division (A)(3)(b) of that section, and	20430
the tax distribution for the preceding year under any school	20431
district income tax levied by the district pursuant to Chapter	20432
5748. of the Revised Code to the extent the revenue from the	20433
income tax is allocated or apportioned to current expenses.	20434

(2) ~~"State equalization enhancement payments" means any~~	20435
~~payment made to a school district pursuant to section 3317.0215 of~~	20436
~~the Revised Code for the preceding fiscal year.~~	20437

~~(3)~~ "Charge-off amount" means the product obtained by	20438
multiplying two and three-tenths per cent by ~~adjusted total~~	20439
~~taxable value~~ recognized valuation.	20440

~~(4) "Total receipts available for current expenses" of a~~	20441
~~school district means the sum of total taxes charged and payable~~	20442
~~for current expenses and the district's state equalization~~	20443
~~enhancement payments.~~	20444

~~(5) "Local share of special education and related services~~	20445
~~additional weighted costs" has the same meaning as in division~~	20446
~~(C)(3) of section 3317.022 of the Revised Code.~~	20447

~~(6) "Local share of vocational education and associated~~	20448
~~services additional weighted costs" for each school district means~~	20449
~~the amount determined as follows:~~	20450

~~(1 - state share percentage as defined in section~~

20451

~~3317.022 of the Revised Code) X [(total vocational~~

20452

~~education weight as defined in that section X~~

20453

~~the formula amount) + the district's payment under division (E)(2)~~	20454
~~of section 3317.022 of the Revised Code]~~	20455

(3) Until fiscal year 2003, the "actual local share of	20456
special education, transportation, and vocational education	20457
funding" for any school district means the sum of the district's	20458
attributed local shares described in divisions (F)(1) to (3) of	20459
section 3317.022 of the Revised Code. Beginning in fiscal year	20460
2003, the "actual local share of special education,	20461
transportation, and vocational education funding" means that sum	20462
minus the amount of any excess cost supplement payment calculated	20463
for the district under division (F) of section 3317.022 of the	20464
Revised Code.	20465

(B) Upon receiving the certifications under section 3317.021	20466
of the Revised Code, the department of education shall determine	20467
for each city, local, and exempted village school district whether	20468
the district's charge-off amount is greater than the district's	20469
total ~~receipts available~~ taxes charged and payable for current	20470
expenses, and if it is, shall pay the district the amount of the	20471
difference. A payment shall not be made to any school district	20472
for which the computation under division (A) of section 3317.022	20473
of the Revised Code equals zero.	20474

(C)(1) If a district's charge-off amount is equal to or	20475
greater than its total ~~receipts available~~ taxes charged and	20476
payable for current expenses, the department shall, in addition to	20477
the payment required under division (B) of this section, pay the	20478
district the amount of ~~the~~ its actual local share of special	20479
education ~~and related services additional weighted costs~~,	20480
transportation, and ~~the amount of the local share of~~ vocational	20481
education ~~and associated services additional weighted costs~~	20482
funding.	20483

(2) If a district's charge-off amount is less than its total	20484
~~receipts available~~ taxes charged and payable for current expenses,	20485
the department shall pay the district any amount by which ~~the sum~~	20486
of its actual local share of special education ~~and related~~	20487
~~services additional weighted costs plus its local share of~~,	20488
transportation, and vocational education ~~and associated services~~	20489
~~additional weighted costs~~ funding exceeds its total ~~receipts~~	20490
~~available~~ taxes charged and payable for current expenses minus its	20491
charge-off amount.	20492

Sec. 3317.0217. The department of education shall annually	20493
compute and pay state parity aid to school districts, as follows:	20494

(A) Calculate the local wealth per pupil of each school	20495
district, which equals the following sum:	20496

(1) Two-thirds times the quotient of (a) the district's	20497
recognized valuation divided by (b) its formula ADM; plus	20498

(2) One-third times the quotient of (a) the average of the	20499
total federal adjusted gross income of the school district's	20500
residents for the three years most recently reported under section	20501
3317.021 of the Revised Code divided by (b) its formula ADM.	20502

(B) Rank all school districts in order of local wealth per	20503
pupil, from the district with the lowest local wealth per pupil to	20504
the district with the highest local wealth per pupil.	20505

(C) Compute the per pupil state parity aid funding for each	20506
school district in accordance with the following formula:	20507

Payment percentage X (threshold local wealth

20508

per pupil - the district's local

20509

wealth per pupil) X 0.0095

20510

Where:

20511

(1) "Payment percentage," for purposes of division (C) of	20512
this section, equals 20% in fiscal year 2002, 40% in fiscal year	20513
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	20514
after fiscal year 2005.	20515

(2) Nine and one-half mills (0.0095) is the general	20516
assembly's determination of the average number of effective	20517
operating mills that districts in the seventieth to ninetieth	20518
percentiles of valuations per pupil collected in fiscal year 2001	20519
above the revenues required to finance their attributed local	20520
shares of the calculated cost of an adequate education. This was	20521
determined by (a) adding the district revenues from operating	20522
property tax levies and income tax levies, (b) subtracting from	20523
that total the sum of (i) twenty-three mills times adjusted	20524
recognized valuation plus (ii) the attributed local shares of	20525
special education, transportation, and vocational education	20526
funding as described in divisions (F)(1) to (3) of section	20527
3317.022 of the Revised Code, and (c) converting the result to an	20528
effective operating property tax rate.	20529

(3) The "threshold local wealth per pupil" is the local	20530
wealth per pupil of the school district with the	20531
four-hundred-ninetieth lowest local wealth per pupil.	20532

If the result of the calculation for a school district under	20533
division (C) of this section is less than zero, the district's per	20534
pupil parity aid shall be zero.	20535

(D) Compute the per pupil alternative parity aid for each	20536
school district that has a combination of an income factor of 1.0	20537
or less, a DPIA index of 1.0 or greater, and a	20538
cost-of-doing-business factor of 1.0375 or greater, in accordance	20539
with the following formula:	20540

Payment percentage X $60,000 X	20541

(1 - income factor) X 4/15 X 0.023

20542

Where:

20543

(1) "DPIA index" has the same meaning as in section 3317.029	20544
of the Revised Code	20545

(2) "Payment percentage," for purposes of division (D) of	20546
this section, equals 50% in fiscal year 2002 and 100% after fiscal	20547
year 2002.	20548

(E) Pay each district that has a combination of an income	20549
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	20550
cost-of-doing-business factor of 1.0375 or greater, the greater of	20551
the following:	20552

(1) The product of the district's per pupil parity aid	20553
calculated under division (C) of this section times its formula	20554
ADM;	20555

(2) The product of its per pupil alternative parity aid	20556
calculated under division (D) of this section times its formula	20557
ADM.	20558

(F) Pay every other district the product of its per pupil	20559
parity aid calculated under division (C) of this section times its	20560
formula ADM.	20561

Every six years, the general assembly shall redetermine,	20562
after considering the report of the committee appointed under	20563
section 3317.012 of the Revised Code, the average number of	20564
effective operating mills that districts in the seventieth to	20565
ninetieth percentiles of valuations per pupil collect above the	20566
revenues required to finance their attributed local shares of the	20567
cost of an adequate education.	20568

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	20569
(C) of this section, any student enrolled in kindergarten more	20570
than half time shall be reported as one-half student under this	20571
section.	20572

(A) The superintendent of each city and exempted village	20573
school district and of each educational service center shall, for	20574
the schools under the superintendent's supervision, certify to the	20575
state board of education on or before the fifteenth day of October	20576
in each year for the first full school week in October the formula	20577
ADM, which shall consist of the average daily membership during	20578
such week of the sum of the following:	20579

(1) On an FTE basis, the number of students in grades	20580
kindergarten through twelve receiving any educational services	20581
from the district, except that the following categories of	20582
students shall not be included in the determination:	20583

(a) Students enrolled in adult education classes;

20584

(b) Adjacent or other district students enrolled in the	20585
district under an open enrollment policy pursuant to section	20586
3313.98 of the Revised Code;	20587

(c) Students receiving services in the district pursuant to	20588
a compact, cooperative education agreement, or a contract, but who	20589
are entitled to attend school in another district pursuant to	20590
section 3313.64 or 3313.65 of the Revised Code;	20591

(d) Students for whom tuition is payable pursuant to	20592
sections 3317.081 and 3323.141 of the Revised Code.	20593

(2) On an FTE basis, the number of students entitled to	20594
attend school in the district pursuant to section 3313.64 or	20595
3313.65 of the Revised Code, but receiving educational services in	20596
grades kindergarten through twelve from one or more of the	20597
following entities:	20598

(a) A community school pursuant to Chapter 3314. of the	20599
Revised Code, including any participation in a college pursuant to	20600
Chapter 3365. of the Revised Code while enrolled in such community	20601
school;	20602

(b) An alternative school pursuant to sections 3313.974 to	20603
3313.979 of the Revised Code as described in division (I)(2)(a) or	20604
(b) of this section;	20605

(c) A college pursuant to Chapter 3365. of the Revised Code,	20606
except when the student is enrolled in the college while also	20607
enrolled in a community school pursuant to Chapter 3314. of the	20608
Revised Code;	20609

(d) An adjacent or other school district under an open	20610
enrollment policy adopted pursuant to section 3313.98 of the	20611
Revised Code;	20612

(e) An educational service center or cooperative education	20613
district;	20614

(f) Another school district under a cooperative education	20615
agreement, compact, or contract.	20616

(3) One-fourth of the number of students enrolled in a joint	20617
vocational school district or under a vocational education	20618
compact, excluding any students entitled to attend school in the	20619
district under section 3313.64 or 3313.65 of the Revised Code who	20620
are enrolled in another school district through an open enrollment	20621
policy as reported under division (A)(2)(d) of this section and	20622
then enroll in a joint vocational school district or under a	20623
vocational education compact;	20624

(4) The number of handicapped children, other than	20625
handicapped preschool children, entitled to attend school in the	20626
district pursuant to section 3313.64 or 3313.65 of the Revised	20627
Code who are placed with a county MR/DD board, minus the number of	20628
such children placed with a county MR/DD board in fiscal year	20629
1998. If this calculation produces a negative number, the number	20630
reported under division (A)(4) of this section shall be zero.	20631

(B) To enable the department of education to obtain the data	20632
needed to complete the calculation of payments pursuant to this	20633
chapter, in addition to the formula ADM, each superintendent shall	20634
report separately the following student counts:	20635

(1) The total average daily membership in regular day	20636
classes included in the report under division (A)(1) or (2) of	20637
this section for kindergarten, and each of grades one through	20638
twelve in schools under the superintendent's supervision;	20639

(2) The number of all handicapped preschool children	20640
enrolled as of the first day of December in classes in the	20641
district that are eligible for approval by the state board of	20642
education under division (B) of section 3317.05 of the Revised	20643
Code and the number of those classes, which shall be reported not	20644
later than the fifteenth day of December, in accordance with rules	20645
adopted under that section;	20646

(3) The number of children entitled to attend school in the	20647
district pursuant to section 3313.64 or 3313.65 of the Revised	20648
Code who are participating in a pilot project scholarship program	20649
established under sections 3313.974 to 3313.979 of the Revised	20650
Code as described in division (I)(2)(a) or (b) of this section,	20651
are enrolled in a college under Chapter 3365. of the Revised Code,	20652
except when the student is enrolled in the college while also	20653
enrolled in a community school pursuant to Chapter 3314. of the	20654
Revised Code, are enrolled in an adjacent or other school district	20655
under section 3313.98 of the Revised Code, are enrolled in a	20656
community school established under Chapter 3314. of the Revised	20657
Code, including any participation in a college pursuant to Chapter	20658
3365. of the Revised Code while enrolled in such community school,	20659
or are participating in a program operated by a county MR/DD board	20660
or a state institution;	20661

(4) The number of pupils enrolled in joint vocational	20662
schools;	20663

(5) The average daily membership of handicapped children	20664
reported under division (A)(1) or (2) of this section receiving	20665
category one special education services, described in division (A)	20666
of section 3317.013 of the Revised Code;	20667

(6) The average daily membership of handicapped children	20668
reported under division (A)(1) or (2) of this section receiving	20669
category two special education services, described in division	20670
(B) of section 3317.013 of the Revised Code;	20671

(7) The average daily membership of handicapped children	20672
reported under division (A)(1) or (2) of this section identified	20673
as having any of the handicaps specified in division (F)(3) of	20674
section 3317.02 of the Revised Code;	20675

(8) The average daily membership of pupils reported under	20676
division (A)(1) or (2) of this section enrolled in category one	20677
vocational education programs or classes, described in division	20678
(A) of section 3317.014 of the Revised Code, operated by the	20679
school district or by another district, other than a joint	20680
vocational school district, or by an educational service center;	20681

(9) The average daily membership of pupils reported under	20682
division (A)(1) or (2) of this section enrolled in category two	20683
vocational education programs or services, described in division	20684
(B) of section 3317.014 of the Revised Code, operated by the	20685
school district or another school district, other than a joint	20686
vocational school district, or by an educational service center;	20687

(10) The average number of children transported by the	20688
school district on board-owned or contractor-owned and -operated	20689
buses, reported in accordance with rules adopted by the department	20690
of education;	20691

(11)(a) The number of children, other than handicapped	20692
preschool children, the district placed with a county MR/DD board	20693
in fiscal year 1998;	20694

(b) The number of handicapped children, other than	20695
handicapped preschool children, placed with a county MR/DD board	20696
in the current fiscal year to receive category one special	20697
education services, described in division (A) of section 3317.013	20698
of the Revised Code;	20699

(c) The number of handicapped children, other than	20700
handicapped preschool children, placed with a county MR/DD board	20701
in the current fiscal year to receive category two special	20702
education services, described in division (B) of section 3317.013	20703
of the Revised Code;	20704

(d) The number of handicapped children, other than	20705
handicapped preschool children, placed with a county MR/DD board	20706
in the current fiscal year to receive category three special	20707
education services, described in division (F)(3) of section	20708
3317.02 of the Revised Code.	20709

(C) Except as otherwise provided in this section for	20710
kindergarten students, the average daily membership in divisions	20711
(B)(1) to (9) of this section shall be based upon the number of	20712
full-time equivalent students. The state board of education shall	20713
adopt rules defining full-time equivalent students and for	20714
determining the average daily membership therefrom for the	20715
purposes of divisions (A), (B), and (D) of this section. No child	20716
shall be counted as more than a total of one child in the sum of	20717
the average daily memberships of a school district under division	20718
(A), divisions (B)(1) to (9), or division (D) of this section,	20719
except as follows:	20720

(1) A child with a handicap described in section 3317.013 or	20721
division (F)(3) of section 3317.02 of the Revised Code may be	20722
counted both in formula ADM and in category one, two, or three	20723
special education ADM and, if applicable, in category one or two	20724
vocational education ADM. As provided in division (C) of section	20725
3317.02 of the Revised Code, such a child shall be counted in	20726
category one, two, or three special education ADM in the same	20727
proportion that the child is counted in formula ADM.	20728

(2) A child enrolled in vocational education programs or	20729
classes described in section 3314.014 of the Revised Code may be	20730
counted both in formula ADM and category one or two vocational	20731
education ADM and, if applicable, in category one, two, or three	20732
special education ADM. Such a child shall be counted in category	20733
one or two vocational education ADM in the same proportion as the	20734
percentage of time that the child spends in the vocational	20735
education programs or classes.	20736

Based on the information reported under this section, the	20737
department of education shall determine the total student count,	20738
as defined in section 3301.011 of the Revised Code, for each	20739
school district.	20740

(D)(1) The superintendent of each joint vocational school	20741
district shall certify to the superintendent of public instruction	20742
on or before the fifteenth day of October in each year for the	20743
first full school week in October the formula ADM, which shall	20744
consist of the average daily membership during such week, on an	20745
FTE basis, of the number of students receiving any educational	20746
services from the district, except that the following categories	20747
of students shall not be included in the determination:	20748

(a) Students enrolled in adult education classes;

20749

(b) Adjacent or other district joint vocational students	20750
enrolled in the district under an open enrollment policy pursuant	20751
to section 3313.98 of the Revised Code;	20752

(c) Students receiving services in the district pursuant to	20753
a compact, cooperative education agreement, or a contract, but who	20754
are entitled to attend school in a city, local, or exempted	20755
village school district whose territory is not part of the	20756
territory of the joint vocational district;	20757

(d) Students for whom tuition is payable pursuant to	20758
sections 3317.081 and 3323.141 of the Revised Code.	20759

(2) To enable the department of education to obtain the data	20760
needed to complete the calculation of payments pursuant to this	20761
chapter, in addition to the formula ADM, each superintendent shall	20762
report separately the average daily membership included in the	20763
report under division (D)(1) of this section for each of the	20764
following categories of students:	20765

(a) Students enrolled in each grade included in the joint	20766
vocational district schools;	20767

(b) Handicapped children receiving category one special	20768
education services, described in division (A) of section 3317.013	20769
of the Revised Code;	20770

(c) Handicapped children receiving category two special	20771
education services, described in division (B) of section 3317.013	20772
of the Revised Code;	20773

(d) Handicapped children identified as having any of the	20774
handicaps specified in division (F)(3) of section 3317.02 of the	20775
Revised Code;	20776

(e) Students receiving category one vocational education	20777
services, described in division (A) of section 3317.014 of the	20778
Revised Code;	20779

(f) Students receiving category two vocational education	20780
services, described in division (B) of section 3317.014 of the	20781
Revised Code.	20782

The superintendent of each joint vocational school district	20783
shall also indicate the city, local, or exempted village school	20784
district in which each joint vocational district pupil is entitled	20785
to attend school pursuant to section 3313.64 or 3313.65 of the	20786
Revised Code.	20787

(E) In each school of each city, local, exempted village,	20788
joint vocational, and cooperative education school district there	20789
shall be maintained a record of school membership, which record	20790
shall accurately show, for each day the school is in session, the	20791
actual membership enrolled in regular day classes. For the	20792
purpose of determining average daily membership, the membership	20793
figure of any school shall not include any pupils except those	20794
pupils described by division (A) of this section. The record of	20795
membership for each school shall be maintained in such manner that	20796
no pupil shall be counted as in membership prior to the actual	20797
date of entry in the school and also in such manner that where for	20798
any cause a pupil permanently withdraws from the school that pupil	20799
shall not be counted as in membership from and after the date of	20800
such withdrawal. There shall not be included in the membership of	20801
any school any of the following:	20802

(1) Any pupil who has graduated from the twelfth grade of a	20803
public high school;	20804

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

20805

(3) Any pupil who was enrolled in the schools of the	20806
district during the previous school year when tests were	20807
administered under section 3301.0711 of the Revised Code but did	20808
not take one or more of the tests required by that section and was	20809
not excused pursuant to division (C)(1) of that section;	20810

(4) Any pupil who has attained the age of twenty-two years,	20811
except for veterans of the armed services whose attendance was	20812
interrupted before completing the recognized twelve-year course of	20813
the public schools by reason of induction or enlistment in the	20814
armed forces and who apply for reenrollment in the public school	20815
system of their residence not later than four years after	20816
termination of war or their honorable discharge.	20817

If, however, any veteran described by division (E)(4)~~(b)~~ of	20818
this section elects to enroll in special courses organized for	20819
veterans for whom tuition is paid under the provisions of federal	20820
laws, or otherwise, that veteran shall not be included in average	20821
daily membership.	20822

Notwithstanding division (E)(3) of this section, the	20823
membership of any school may include a pupil who did not take a	20824
test required by section 3301.0711 of the Revised Code if the	20825
superintendent of public instruction grants a waiver from the	20826
requirement to take the test to the specific pupil. The	20827
superintendent may grant such a waiver only for good cause in	20828
accordance with rules adopted by the state board of education.	20829

Except as provided in division (B)(2) of this section, the	20830
average daily membership figure of any local, city, exempted	20831
village, or joint vocational school district shall be determined	20832
by dividing the figure representing the sum of the number of	20833
pupils enrolled during each day the school of attendance is	20834
actually open for instruction during the first full school week in	20835
October by the total number of days the school was actually open	20836
for instruction during that week. For purposes of state funding,	20837
"enrolled" persons are only those pupils who are attending school,	20838
those who have attended school during the current school year and	20839
are absent for authorized reasons, and those handicapped children	20840
currently receiving home instruction.	20841

The average daily membership figure of any cooperative	20842
education school district shall be determined in accordance with	20843
rules adopted by the state board of education.	20844

(F)(1) If the formula ADM for the first full school week in	20845
February is at least three per cent greater than that certified	20846
for the first full school week in the preceding October, the	20847
superintendent of schools of any city, exempted village, or joint	20848
vocational school district or educational service center shall	20849
certify such increase to the superintendent of public instruction.	20850
Such certification shall be submitted no later than the fifteenth	20851
day of February. For the balance of the fiscal year, beginning	20852
with the February payments, the superintendent of public	20853
instruction shall use the increased formula ADM in calculating or	20854
recalculating the amounts to be allocated in accordance with	20855
section 3317.022 or 3317.16 of the Revised Code. In no event	20856
shall the superintendent use an increased membership certified to	20857
the superintendent after the fifteenth day of February.	20858

(2) If on the first school day of April the total number of	20859
classes or units for handicapped preschool children that are	20860
eligible for approval under division (B) of section 3317.05 of the	20861
Revised Code exceeds the number of units that have been approved	20862
for the year under that division, the superintendent of schools of	20863
any city, exempted village, or cooperative education school	20864
district or educational service center shall make the	20865
certifications required by this section for that day. If the	20866
state board of education determines additional units can be	20867
approved for the fiscal year within any limitations set forth in	20868
the acts appropriating moneys for the funding of such units, the	20869
board shall approve additional units for the fiscal year on the	20870
basis of such average daily membership. For each unit so	20871
approved, the department of education shall pay an amount computed	20872
in the manner prescribed in section ~~3317.161~~ 3317.052 or 3317.19	20873
and section ~~3317.162~~ 3317.053 of the Revised Code.	20874

(G)(1)(a) The superintendent of an institution operating a	20875
special education program pursuant to section 3323.091 of the	20876
Revised Code shall, for the programs under such superintendent's	20877
supervision, certify to the state board of education the average	20878
daily membership of all handicapped children in classes or	20879
programs approved annually by the state board of education, in the	20880
manner prescribed by the superintendent of public instruction.	20881

(b) The superintendent of an institution with vocational	20882
education units approved under division (A) of section 3317.05 of	20883
the Revised Code shall, for the units under the superintendent's	20884
supervision, certify to the state board of education the average	20885
daily membership in those units, in the manner prescribed by the	20886
superintendent of public instruction.	20887

(2) The superintendent of each county MR/DD board that	20888
maintains special education classes under section 3317.20 of the	20889
Revised Code or units approved by the state board of education	20890
pursuant to section 3317.05 of the Revised Code shall do both of	20891
the following:	20892

(a) Certify to the state board, in the manner prescribed by	20893
the board, the average daily membership in classes ~~and units~~	20894
~~approved under division (D)(1) of~~ under section ~~3317.05~~ 3317.20 of	20895
the Revised Code for each school district that has placed children	20896
in the classes ~~or units~~;	20897

(b) Certify to the state board, in the manner prescribed by	20898
the board, the number of all handicapped preschool children	20899
enrolled as of the first day of December in classes eligible for	20900
approval under division (B) of section 3317.05 of the Revised	20901
Code, and the number of those classes.	20902

(3)(a) ~~If during the first full school week in February the~~	20903
~~average daily membership of the classes or units maintained by the~~	20904
~~county MR/DD board that are eligible for approval under division~~	20905
~~(D)(1) of section 3317.05 of the Revised Code is greater than the~~	20906
~~average daily membership for the preceding October, the~~	20907
~~superintendent of the board shall make the certifications required~~	20908
~~by this section for such week.~~	20909

~~(b)~~ If on the first school day of April the number of	20910
classes or units maintained for handicapped preschool children by	20911
the county MR/DD board that are eligible for approval under	20912
division (B) of section 3317.05 of the Revised Code is greater	20913
than the number of units approved for the year under that	20914
division, the superintendent shall make the certification required	20915
by this section for that day.	20916

~~(c)~~(b) If the state board determines that additional classes	20917
or units can be approved for the fiscal year within any	20918
limitations set forth in the acts appropriating moneys for the	20919
funding of the classes and units described in division (G)(3)(a)	20920
~~or (b)~~ of this section, the board shall approve and fund	20921
additional units for the fiscal year on the basis of such average	20922
daily membership. For each unit so approved, the department of	20923
education shall pay an amount computed in the manner prescribed in	20924
sections ~~3317.161~~ 3317.052 and ~~3317.162~~ 3317.053 of the Revised	20925
Code.	20926

(H) Except as provided in division (I) of this section, when	20927
any city, local, or exempted village school district provides	20928
instruction for a nonresident pupil whose attendance is	20929
unauthorized attendance as defined in section 3327.06 of the	20930
Revised Code, that pupil's membership shall not be included in	20931
that district's membership figure used in the calculation of that	20932
district's formula ADM or included in the determination of any	20933
unit approved for the district under section 3317.05 of the	20934
Revised Code. The reporting official shall report separately the	20935
average daily membership of all pupils whose attendance in the	20936
district is unauthorized attendance, and the membership of each	20937
such pupil shall be credited to the school district in which the	20938
pupil is entitled to attend school under division (B) of section	20939
3313.64 or section 3313.65 of the Revised Code as determined by	20940
the department of education.	20941

(I)(1) A city, local, exempted village, or joint vocational	20942
school district admitting a scholarship student of a pilot project	20943
district pursuant to division (C) of section 3313.976 of the	20944
Revised Code may count such student in its average daily	20945
membership.	20946

(2) In any year for which funds are appropriated for pilot	20947
project scholarship programs, a school district implementing a	20948
state-sponsored pilot project scholarship program that year	20949
pursuant to sections 3313.974 through 3313.979 of the Revised Code	20950
may count in average daily membership:	20951

(a) All children residing in the district and utilizing a	20952
scholarship to attend kindergarten in any alternative school, as	20953
defined in section 3313.974 of the Revised Code;	20954

(b) All children who were enrolled in the district in the	20955
preceding year who are utilizing a scholarship to attend any such	20956
alternative school.	20957

(J) The superintendent of each cooperative education school	20958
district shall certify to the superintendent of public	20959
instruction, in a manner prescribed by the state board of	20960
education, the applicable average daily memberships for all	20961
students in the cooperative education district, also indicating	20962
the city, local, or exempted village district where each pupil is	20963
entitled to attend school under section 3313.64 or 3313.65 of the	20964
Revised Code.	20965

Sec. 3317.05. (A) For the purpose of calculating payments	20966
under sections ~~3317.161~~ 3317.052 and ~~3317.162~~ 3317.053 of the	20967
Revised Code, the state board of education shall determine for	20968
each institution, by the last day of January of each year and	20969
based on information certified under section 3317.03 of the	20970
Revised Code, the number of vocational education units or	20971
fractions of units approved by the state board on the basis of	20972
standards and rules adopted by the state board. As used in this	20973
division, "institution" means an institution operated by a	20974
department specified in section 3323.091 of the Revised Code and	20975
that provides vocational education programs under the supervision	20976
of the division of vocational education of the department of	20977
education that meet the standards and rules for these programs,	20978
including licensure of professional staff involved in the	20979
programs, as established by the state board of education.	20980

(B) For the purpose of calculating payments under sections	20981
3317.052, 3317.053, 3317.11, ~~3317.161, 3317.162,~~ and 3317.19 of	20982
the Revised Code, the state board shall determine, based on	20983
information certified under section 3317.03 of the Revised Code,	20984
the following by the last day of January of each year for each	20985
educational service center, for each school district, including	20986
each cooperative education school district, for each institution	20987
eligible for payment under section 3323.091 of the Revised Code,	20988
and for each county MR/DD board: the number of classes operated	20989
by the school district, service center, institution, or county	20990
MR/DD board for handicapped preschool children, or fraction	20991
thereof, including in the case of a district or service center	20992
that is a funding agent, classes taught by a licensed teacher	20993
employed by that district or service center under section 3313.841	20994
of the Revised Code, approved annually by the state board on the	20995
basis of standards and rules adopted by the state board.	20996

(C) For the purpose of calculating payments under sections	20997
3317.052, 3317.053, 3317.11, ~~3317.161, 3317.162,~~ and 3317.19 of	20998
the Revised Code, the state board shall determine, based on	20999
information certified under section 3317.03 of the Revised Code,	21000
the following by the last day of January of each year for each	21001
school district, including each cooperative education school	21002
district, for each institution eligible for payment under section	21003
3323.091 of the Revised Code, and for each county MR/DD board: the	21004
number of preschool handicapped related services units for child	21005
study, occupational, physical, or speech and hearing therapy,	21006
special education supervisors, and special education coordinators	21007
approved annually by the state board on the basis of standards and	21008
rules adopted by the state board.	21009

(D) For the purpose of calculating payments under sections	21010
~~3317.161~~ 3317.052 and ~~3317.162~~ 3317.053 of the Revised Code, the	21011
state board shall determine, based on information certified under	21012
section 3317.03 of the Revised Code, the following by the last day	21013
of January of each year for each institution eligible for payment	21014
under section 3323.091 of the Revised Code~~, and for each county~~	21015
~~MR/DD board~~:	21016

(1) The number of classes operated by an institution or	21017
~~county MR/DD board~~ for handicapped children other than handicapped	21018
preschool children, or fraction thereof, approved annually by the	21019
state board on the basis of standards and rules adopted by the	21020
state board;	21021

(2) The number of related services units for children other	21022
than handicapped preschool children for child study, occupational,	21023
physical, or speech and hearing therapy, special education	21024
supervisors, and special education coordinators approved annually	21025
by the state board on the basis of standards and rules adopted by	21026
the state board.	21027

(E) All of the arithmetical calculations made under this	21028
section shall be carried to the second decimal place. The total	21029
number of units for school districts, service centers, and	21030
institutions approved annually by the state board under this	21031
section shall not exceed the number of units included in the state	21032
board's estimate of cost for these units and appropriations made	21033
for them by the general assembly.	21034

In the case of units described in division (D)(1) of this	21035
section operated by ~~county MR/DD boards and~~ institutions eligible	21036
for payment under section 3323.091 of the Revised Code, the state	21037
board shall approve only units for persons who are under age	21038
twenty-two on the first day of the academic year, but not less	21039
than six years of age on the thirtieth day of September of that	21040
year, except that such a unit may include one or more children who	21041
are under six years of age on the thirtieth day of September if	21042
such children have been admitted to the unit pursuant to rules of	21043
the state board. In the case of handicapped preschool units	21044
described in division (B) of this section operated by county MR/DD	21045
boards and institutions eligible for payment under section	21046
3323.091 of the Revised Code, the state board shall approve only	21047
preschool units for children who are under age six but not less	21048
than age three on the thirtieth day of September of the academic	21049
year, except that such a unit may include one or more children who	21050
are under age three or are age six or over on the thirtieth day of	21051
September if such children have been admitted to the unit pursuant	21052
to rules of the state board of education. The number of units for	21053
county MR/DD boards and institutions eligible for payment under	21054
section 3323.091 of the Revised Code approved by the state board	21055
under this section shall not exceed the number that can be funded	21056
with appropriations made for such purposes by the general	21057
assembly.	21058

No unit shall be approved under divisions (B) to (D) of this	21059
section unless a plan has been submitted and approved under	21060
Chapter 3323. of the Revised Code.	21061

(F) The department shall approve units or fractions thereof	21062
for gifted children on the basis of standards and rules adopted by	21063
the board.	21064

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	21065
3317.11 of the Revised Code, a unit funded pursuant to division	21066
(P) of section 3317.024 or division (A)(2) of section ~~3317.161~~	21067
3317.052 of the Revised Code shall not be approved for state	21068
funding in one school district, including any cooperative	21069
education school district or any educational service center, to	21070
the extent that such unit provides programs in or services to	21071
another district which receives payment pursuant to section	21072
3317.04 of the Revised Code.	21073

(2) Any city, local, exempted village, or cooperative	21074
education school district or any educational service center may	21075
combine partial unit eligibility for handicapped preschool	21076
programs pursuant to section 3317.05 of the Revised Code, and such	21077
combined partial units may be approved for state funding in one	21078
school district or service center.	21079

(B) After units have been initially approved for any fiscal	21080
year under section 3317.05 of the Revised Code, no unit shall be	21081
subsequently transferred from a school district or educational	21082
service center to another city, exempted village, local, or	21083
cooperative education school district or educational service	21084
center or to an institution or county MR/DD board solely for the	21085
purpose of reducing the financial obligations of the school	21086
district in a fiscal year it receives payment pursuant to section	21087
3317.04 of the Revised Code.	21088

~~Sec. 3317.161.~~ Sec. . Sec. 3317.052. As used in this section,	21089
"institution" means an institution operated by a department	21090
specified in section 3323.091 of the Revised Code.	21091

(A)(1) The department of education shall pay each school	21092
district, educational service center, institution eligible for	21093
payment under section 3323.091 of the Revised Code, or county	21094
MR/DD board an amount for the total of all classroom units for	21095
handicapped preschool children approved under division (B) of	21096
section 3317.05 of the Revised Code. For each unit, the amount	21097
shall be the sum of the minimum salary for the teacher of the	21098
unit, calculated on the basis of the teacher's training level and	21099
years of experience pursuant to the salary schedule prescribed in	21100
the version of section 3317.13 of the Revised Code in effect prior	21101
to the effective date of this amendment, plus fifteen per cent of	21102
that minimum salary amount, and eight thousand twenty-three	21103
dollars.	21104

(2) The department shall pay each school district,	21105
educational service center, institution eligible for payment under	21106
section 3323.091 of the Revised Code, or county MR/DD board an	21107
amount for the total of all related services units for handicapped	21108
preschool children approved under division (C) of section 3317.05	21109
of the Revised Code. For each such unit, the amount shall be the	21110
sum of the minimum salary for the teacher of the unit calculated	21111
on the basis of the teacher's training level and years of	21112
experience pursuant to the salary schedule prescribed in the	21113
version of section 3317.13 of the Revised Code in effect prior to	21114
the effective date of this amendment, fifteen per cent of that	21115
minimum salary amount, and two thousand one hundred thirty-two	21116
dollars.	21117

(B) If a school district or, educational service center ~~has~~	21118
~~had additional handicapped preschool units approved for the year~~	21119
~~under division (F)(2) of section 3317.03 of the Revised Code~~, or	21120
~~if a~~ county MR/DD board has had additional handicapped preschool	21121
units approved for the year under division (F)(2) or (G)(3) of	21122
section 3317.03 of the Revised Code, the district, educational	21123
service center, or board shall receive an additional amount during	21124
the last half of the fiscal year. For each district, center, or	21125
board, the additional amount for each unit shall equal fifty per	21126
cent of the amounts computed for the unit in the manner prescribed	21127
by division (A) of this section and division (C) of section	21128
~~3317.162~~ 3317.053 of the Revised Code.	21129

(C)(1) The department shall pay each institution eligible	21130
for payment under section 3323.091 of the Revised Code or county	21131
MR/DD board an amount for the total of all special education units	21132
approved under division (D)(1) of section 3317.05 of the Revised	21133
Code. The amount for each unit shall be the sum of the minimum	21134
salary for the teacher of the unit, calculated on the basis of the	21135
teacher's training level and years of experience pursuant to the	21136
salary schedule prescribed in the version of section 3317.13 of	21137
the Revised Code in effect prior to the effective date of this	21138
amendment, plus fifteen per cent of that minimum salary amount,	21139
and eight thousand twenty-three dollars.	21140

(2) The department shall pay each institution eligible for	21141
payment under section 3323.091 of the Revised Code ~~or county MR/DD~~	21142
~~board~~ an amount for the total of all related services units	21143
approved under division (D)(2) of section 3317.05 of the Revised	21144
Code. The amount for each unit shall be the sum of the minimum	21145
salary for the teacher of the unit, calculated on the basis of the	21146
teacher's training level and years of experience pursuant to the	21147
salary schedule prescribed in the version of section 3317.13 of	21148
the Revised Code in effect prior to the effective date of this	21149
amendment, plus fifteen per cent of that minimum salary amount,	21150
and two thousand one hundred thirty-two dollars.	21151

~~(3) If a county MR/DD board has had additional units for~~	21152
~~handicapped children other than handicapped preschool children~~	21153
~~approved under division (G)(3) of section 3317.03 of the Revised~~	21154
~~Code, the board shall receive an additional amount during the last~~	21155
~~half of the fiscal year. For each board, the additional amount~~	21156
~~for each unit shall equal fifty per cent of the amount computed~~	21157
~~for the unit in the manner prescribed by division (C)(1) of this~~	21158
~~section and division (C) of section 3317.162 of the Revised Code.~~	21159

(D) The department shall pay each institution approved for	21160
vocational education units under division (A) of section 3317.05	21161
of the Revised Code an amount for the total of all the units	21162
approved under that division. The amount for each unit shall be	21163
the sum of the minimum salary for the teacher of the unit,	21164
calculated on the basis of the teacher's training level and years	21165
of experience pursuant to the salary schedule prescribed in the	21166
version of section 3317.13 of the Revised Code in effect prior to	21167
the effective date of this amendment, plus fifteen per cent of	21168
that minimum salary amount, and nine thousand five hundred ten	21169
dollars.	21170

~~Sec. 3317.162.~~ Sec. . Sec. 3317.053. (A) As used in this section:

21171

(1) "State share percentage" has the same meaning as in	21172
section 3317.022 of the Revised Code.	21173

(2) "Dollar amount" means the amount shown in the following	21174
table for the corresponding type of unit ~~and the appropriate~~	21175
~~fiscal year~~:	21176

DOLLAR AMOUNT

21177

	~~FY 2000~~	~~FY 2001~~	21178
TYPE OF UNIT			21179
Division (B) of section 3317.05 of the Revised Code	~~$8,334~~	$8,334	21180
Division (C) of that section	~~$3,234~~	$3,234	21181
Division (F) of that section	~~$4,550~~	$5,550	21182

(3) "Average unit amount" means the amount shown in the	21183
following table for the corresponding type of unit:	21184

AVERAGE UNIT AMOUNT

21185

	~~FY 2000~~	~~FY 2001~~	21186
TYPE OF UNIT			21187
Division (B) of section 3317.05 of the Revised Code	~~$7,799~~	$7,799	21188
Division (C) of that section	~~$2,966~~	$2,966	21189
Division (F) of that section	~~$4,251~~	$5,251	21190

(B) In the case of each unit described in division (B), (C),	21191
or (F) of section 3317.05 of the Revised Code and allocated to a	21192
city, local, or exempted village school district, the department	21193
of education, in addition to the amounts specified in division (P)	21194
of section 3317.024 and sections ~~3317.161~~ 3317.052 and 3317.19 of	21195
the Revised Code, shall pay a supplemental unit allowance equal to	21196
the sum of the following amounts:	21197

(1) An amount equal to 50% of the average unit amount for	21198
the unit;	21199

(2) An amount equal to the percentage of the dollar amount	21200
for the unit that equals the district's state share percentage.	21201

If, prior to the fifteenth day of May of a fiscal year, a	21202
school district's aid computed under section 3317.022 of the	21203
Revised Code is recomputed pursuant to section 3317.027 or	21204
3317.028 of the Revised Code, the department shall also recompute	21205
the district's entitlement to payment under this section utilizing	21206
a new state share percentage. Such new state share percentage	21207
shall be determined using the district's recomputed basic aid	21208
amount pursuant to section 3317.027 or 3317.028 of the Revised	21209
Code. During the last six months of the fiscal year, the	21210
department shall pay the district a sum equal to one-half of the	21211
recomputed payment in lieu of one-half the payment otherwise	21212
calculated under this section.	21213

(C)(1) In the case of each unit allocated to an institution	21214
pursuant to division (A) of section 3317.05 of the Revised Code,	21215
the department, in addition to the amount specified in section	21216
~~3317.161~~ 3317.052 of the Revised Code, shall pay a supplemental	21217
unit allowance of $7,227.	21218

(2) In the case of each unit described in division (B) or	21219
(D)(1) of section 3317.05 of the Revised Code that is allocated to	21220
any entity other than a city, exempted village, or local school	21221
district, the department, in addition to the amount specified in	21222
section ~~3317.161~~ 3317.052 of the Revised Code, shall pay a	21223
supplemental unit allowance of $7,799.	21224

(3) In the case of each unit described in division (C) or	21225
(D)(2) of section 3317.05 of the Revised Code and allocated to any	21226
entity other than a city, exempted village, or local school	21227
district, the department, in addition to the amounts specified in	21228
section ~~3317.161~~ 3317.052 of the Revised Code, shall pay a	21229
supplemental unit allowance of $2,966.	21230

(4) In the case of each unit described in division (F) of	21231
section 3317.05 of the Revised Code and allocated to an	21232
educational service center, the department, in addition to the	21233
amounts specified in division (P) of section 3317.024 of the	21234
Revised Code, shall pay a supplemental unit allowance of ~~$4,251 in~~	21235
~~fiscal year 2000 and~~ $5,251 ~~in fiscal year 2001~~.	21236

Sec. 3317.06. Moneys paid to school districts under division	21237
(L) of section 3317.024 of the Revised Code shall be used for the	21238
following independent and fully severable purposes:	21239

(A) To purchase such secular textbooks or electronic	21240
textbooks as have been approved by the superintendent of public	21241
instruction for use in public schools in the state and to loan	21242
such textbooks or electronic textbooks to pupils attending	21243
nonpublic schools within the district or to their parents and to	21244
hire clerical personnel to administer such lending program. Such	21245
loans shall be based upon individual requests submitted by such	21246
nonpublic school pupils or parents. Such requests shall be	21247
submitted to the school district in which the nonpublic school is	21248
located. Such individual requests for the loan of textbooks or	21249
electronic textbooks shall, for administrative convenience, be	21250
submitted by the nonpublic school pupil or the pupil's parent to	21251
the nonpublic school, which shall prepare and submit collective	21252
summaries of the individual requests to the school district. As	21253
used in this section:	21254

(1) "Textbook" means any book or book substitute that a	21255
pupil uses as a consumable or nonconsumable text, text substitute,	21256
or text supplement in a particular class or program in the school	21257
the pupil regularly attends.	21258

(2) "Electronic textbook" means computer software,	21259
interactive videodisc, magnetic media, CD-ROM, computer	21260
courseware, local and remote computer assisted instruction,	21261
on-line service, electronic medium, or other means of conveying	21262
information to the student or otherwise contributing to the	21263
learning process through electronic means.	21264

(B) To provide speech and hearing diagnostic services to	21265
pupils attending nonpublic schools within the district. Such	21266
service shall be provided in the nonpublic school attended by the	21267
pupil receiving the service.	21268

(C) To provide physician, nursing, dental, and optometric	21269
services to pupils attending nonpublic schools within the	21270
district. Such services shall be provided in the school attended	21271
by the nonpublic school pupil receiving the service.	21272

(D) To provide diagnostic psychological services to pupils	21273
attending nonpublic schools within the district. Such services	21274
shall be provided in the school attended by the pupil receiving	21275
the service.	21276

(E) To provide therapeutic psychological and speech and	21277
hearing services to pupils attending nonpublic schools within the	21278
district. Such services shall be provided in the public school,	21279
in nonpublic schools, in public centers, or in mobile units	21280
located on or off of the nonpublic premises. If such services are	21281
provided in the public school or in public centers, transportation	21282
to and from such facilities shall be provided by the school	21283
district in which the nonpublic school is located.	21284

(F) To provide guidance and counseling services to pupils	21285
attending nonpublic schools within the district. Such services	21286
shall be provided in the public school, in nonpublic schools, in	21287
public centers, or in mobile units located on or off of the	21288
nonpublic premises. If such services are provided in the public	21289
school or in public centers, transportation to and from such	21290
facilities shall be provided by the school district in which the	21291
nonpublic school is located.	21292

(G) To provide remedial services to pupils attending	21293
nonpublic schools within the district. Such services shall be	21294
provided in the public school, in nonpublic schools, in public	21295
centers, or in mobile units located on or off of the nonpublic	21296
premises. If such services are provided in the public school or	21297
in public centers, transportation to and from such facilities	21298
shall be provided by the school district in which the nonpublic	21299
school is located.	21300

(H) To supply for use by pupils attending nonpublic schools	21301
within the district such standardized tests and scoring services	21302
as are in use in the public schools of the state;	21303

(I) To provide programs for children who attend nonpublic	21304
schools within the district and are handicapped children as	21305
defined in division (A) of section 3323.01 of the Revised Code or	21306
gifted children. Such programs shall be provided in the public	21307
school, in nonpublic schools, in public centers, or in mobile	21308
units located on or off of the nonpublic premises. If such	21309
programs are provided in the public school or in public centers,	21310
transportation to and from such facilities shall be provided by	21311
the school district in which the nonpublic school is located.	21312

(J) To hire clerical personnel to assist in the	21313
administration of programs pursuant to divisions (B), (C), (D),	21314
(E), (F), (G), and (I) of this section and to hire supervisory	21315
personnel to supervise the providing of services and textbooks	21316
pursuant to this section.	21317

(K) To purchase or lease any secular, neutral, and	21318
nonideological computer software (including site-licensing),	21319
prerecorded video laserdiscs, digital video on demand (DVD),	21320
compact discs, and video cassette cartridges, wide area	21321
connectivity and related technology as it relates to internet	21322
access, mathematics or science equipment and materials,	21323
instructional materials, and school library materials that are in	21324
general use in the public schools of the state and loan such items	21325
to pupils attending nonpublic schools within the district or to	21326
their parents, and to hire clerical personnel to administer the	21327
lending program. Only such items that are incapable of diversion	21328
to religious use and that are susceptible of loan to individual	21329
pupils and are furnished for the use of individual pupils shall be	21330
purchased and loaned under this division. As used in this	21331
section, "instructional materials" means prepared learning	21332
materials that are secular, neutral, and nonideological in	21333
character and are of benefit to the instruction of school	21334
children, and may include educational resources and services	21335
developed by the Ohio schoolnet commission.	21336

(L) To purchase or lease instructional equipment, including	21337
computer hardware and related equipment in general use in the	21338
public schools of the state, for use by pupils attending nonpublic	21339
schools within the district and to loan such items to pupils	21340
attending nonpublic schools within the district or to their	21341
parents, and to hire clerical personnel to administer the lending	21342
program.	21343

(M) To purchase mobile units to be used for the provision of	21344
services pursuant to divisions (E), (F), (G), and (I) of this	21345
section and to pay for necessary repairs and operating costs	21346
associated with these units.	21347

Clerical and supervisory personnel hired pursuant to division	21348
(J) of this section shall perform their services in the public	21349
schools, in nonpublic schools, public centers, or mobile units	21350
where the services are provided to the nonpublic school pupil,	21351
except that such personnel may accompany pupils to and from the	21352
service sites when necessary to ensure the safety of the children	21353
receiving the services.	21354

All services provided pursuant to this section may be	21355
provided under contract with educational service centers, the	21356
department of health, city or general health districts, or private	21357
agencies whose personnel are properly licensed by an appropriate	21358
state board or agency.	21359

Transportation of pupils provided pursuant to divisions (E),	21360
(F), (G), and (I) of this section shall be provided by the school	21361
district from its general funds and not from moneys paid to it	21362
under division (L) of section 3317.024 of the Revised Code unless	21363
a special transportation request is submitted by the parent of the	21364
child receiving service pursuant to such divisions. If such an	21365
application is presented to the school district, it may pay for	21366
the transportation from moneys paid to it under division (L) of	21367
section 3317.024 of the Revised Code.	21368

No school district shall provide health or remedial services	21369
to nonpublic school pupils as authorized by this section unless	21370
such services are available to pupils attending the public schools	21371
within the district.	21372

Materials, equipment, computer hardware or software,	21373
textbooks, electronic textbooks, and health and remedial services	21374
provided for the benefit of nonpublic school pupils pursuant to	21375
this section and the admission of pupils to such nonpublic schools	21376
shall be provided without distinction as to race, creed, color, or	21377
national origin of such pupils or of their teachers.	21378

No school district shall provide services, materials, or	21379
equipment that contain religious content for use in religious	21380
courses, devotional exercises, religious training, or any other	21381
religious activity.	21382

As used in this section, "parent" includes a person standing	21383
in loco parentis to a child.	21384

Notwithstanding section 3317.01 of the Revised Code, payments	21385
shall be made under this section to any city, local, or exempted	21386
village school district within which is located one or more	21387
nonpublic elementary or high schools and any payments made to	21388
school districts under division (L) of section 3317.024 of the	21389
Revised Code for purposes of this section may be disbursed without	21390
submission to and approval of the controlling board.	21391

The allocation of payments for materials, equipment,	21392
textbooks, electronic textbooks, health services, and remedial	21393
services to city, local, and exempted village school districts	21394
shall be on the basis of the state board of education's estimated	21395
annual average daily membership in nonpublic elementary and high	21396
schools located in the district.	21397

Payments made to city, local, and exempted village school	21398
districts under this section shall be equal to specific	21399
appropriations made for the purpose. All interest earned by a	21400
school district on such payments shall be used by the district for	21401
the same purposes and in the same manner as the payments may be	21402
used.	21403

The department of education shall adopt guidelines and	21404
procedures under which such programs and services shall be	21405
provided, under which districts shall be reimbursed for	21406
administrative costs incurred in providing such programs and	21407
services, and under which any unexpended balance of the amounts	21408
appropriated by the general assembly to implement this section may	21409
be transferred to the auxiliary services personnel unemployment	21410
compensation fund established pursuant to section 4141.47 of the	21411
Revised Code. The department shall also adopt guidelines and	21412
procedures limiting the purchase and loan of the items described	21413
in division (K) of this section to items that are in general use	21414
in the public schools of the state, that are incapable of	21415
diversion to religious use, and that are susceptible to individual	21416
use rather than classroom use. Within thirty days after the end	21417
of each biennium, each board of education shall remit to the	21418
department all moneys paid to it under division (L) of section	21419
3317.024 of the Revised Code and any interest earned on those	21420
moneys that are not required to pay expenses incurred under this	21421
section during the biennium for which the money was appropriated	21422
and during which the interest was earned. If a board of education	21423
subsequently determines that the remittal of moneys leaves the	21424
board with insufficient money to pay all valid expenses incurred	21425
under this section during the biennium for which the remitted	21426
money was appropriated, the board may apply to the department of	21427
education for a refund of money, not to exceed the amount of the	21428
insufficiency. If the department determines the expenses were	21429
lawfully incurred and would have been lawful expenditures of the	21430
refunded money, it shall certify its determination and the amount	21431
of the refund to be made to the director of job and family	21432
services who shall make a refund as provided in section 4141.47 of	21433
the Revised Code.	21434

Sec. 3317.064. (A) There is hereby established in the state	21435
treasury the auxiliary services mobile unit replacement and repair	21436
fund. By the thirtieth day of January of each odd-numbered year,	21437
the director of job and family services and the superintendent of	21438
public instruction shall determine the amount of any excess moneys	21439
in the auxiliary services personnel unemployment compensation fund	21440
not reasonably necessary for the purposes of section 4141.47 of	21441
the Revised Code, and shall certify such amount to the director of	21442
budget and management for transfer to the auxiliary services	21443
mobile unit replacement and repair fund. If the director of ~~jobs~~	21444
job and family services and the superintendent disagree on such	21445
amount, the director of budget and management shall determine the	21446
amount to be transferred.	21447

(B) Moneys in the auxiliary services mobile unit replacement	21448
and repair fund shall be used for the relocation or for the	21449
replacement and repair of mobile units used to provide the	21450
services specified in division (E), (F), (G), or (I) of section	21451
3317.06 of the Revised Code ~~and for no other purposes~~. The state	21452
board of education shall adopt guidelines and procedures for	21453
replacement, repair, and relocation of mobile units and the	21454
procedures under which a school district may apply to receive	21455
moneys with which to repair or replace or relocate such units.	21456

(C) School districts may apply to the department for moneys	21457
from the auxiliary services mobile unit replacement and repair	21458
fund for payment of incentives for early retirement and severance	21459
for school district personnel assigned to provide services	21460
authorized by section 3317.06 of the Revised Code at chartered	21461
nonpublic schools. The portion of the cost of any early	21462
retirement or severance incentive for any employee that is paid	21463
using money from the auxiliary services mobile unit replacement	21464
and repair fund shall not exceed the percentage of such employee's	21465
total service credit that the employee spent providing services	21466
to chartered nonpublic school students under section 3317.06 of	21467
the Revised Code.	21468

Sec. 3317.10. (A) On or before the first day of March of	21469
each year, the department of job and family services shall certify	21470
to the state board of education the unduplicated number of	21471
children ages five through seventeen residing in each school	21472
district and living in a family that ~~participated in Ohio works~~	21473
~~first under Chapter 5107. of the Revised Code~~, during the	21474
preceding October, had family income not exceeding the federal	21475
poverty guidelines as defined in section 5101.46 of the Revised	21476
Code and participated in one of the following:	21477

(1) Ohio works first;

21478

(2) The food stamp program;

21479

(3) The medical assistance program, including the healthy	21480
start program, established under Chapter 5111. of the Revised	21481
Code;	21482

(4) The children's health insurance program part I	21483
established under section 5101.50 of the Revised Code;	21484

(5) The disability assistance program established under	21485
Chapter 5115. of the Revised Code.	21486

The department of job and family services shall certify this	21487
information according to the school district of residence for	21488
each child. Except as provided under division (B) of this	21489
section, the number of children so certified in any year shall be	21490
used by the department of education in calculating the	21491
distribution of moneys for the ensuing fiscal year as provided in	21492
section 3317.029 of the Revised Code.	21493

(B) Upon the transfer of part of the territory of one school	21494
district to the territory of one or more other school districts,	21495
the department of education may adjust the number of children	21496
certified under division (A) of this section for any district	21497
gaining or losing territory in such a transfer in order to take	21498
into account the effect of the transfer on the number of such	21499
children ~~ages five through seventeen~~ who reside in the district	21500
~~and live in a family that participates in Ohio works first~~. Within	21501
sixty days of receipt of a request for information from the	21502
department of education, the department of job and family services	21503
shall provide any information the department of education	21504
determines is necessary to make such adjustments. The department	21505
of education may use the adjusted number for any district for the	21506
applicable fiscal year, in lieu of the number certified for the	21507
district for that fiscal year under division (A) of this section,	21508
in the calculation of the distribution of moneys provided in	21509
section 3317.029 of the Revised Code.	21510

Sec. 3317.11. (A) Annually, on or before a date designated	21511
by the state board of education, each educational service center	21512
governing board shall prepare a budget of operating expenses for	21513
the ensuing year for the service center on forms prepared and	21514
furnished by the state board of education and shall certify the	21515
budget to the state board of education, together with such other	21516
information as the board may require. Such budget shall consist	21517
of two parts. Part (A) shall include the cost of the salaries,	21518
employers retirement contributions, and travel expenses of	21519
supervisory teachers approved by the state board of education. The	21520
amount derived from the calculation for such units in part (A) of	21521
the governing board budget shall be the sum of:	21522

(1) The sum of the minimum salaries calculated, pursuant to	21523
section 3317.13 of the Revised Code, for each approved licensed	21524
employee of the governing board;	21525

(2) An additional salary allowance proportional to the	21526
length of the extended term of service not to exceed three months	21527
for each supervisory and child study teacher whose term of service	21528
in any year is extended beyond the terms of service of regular	21529
classroom teachers;	21530

(3) An allowance equal to fifteen per cent of the amount	21531
computed under division (A)(1) of this section;	21532

(4) An allowance for necessary travel expenses, for each of	21533
the personnel approved in part (A) of the budget, limited to two	21534
hundred twenty-three dollars and sixteen cents per month, or two	21535
thousand six hundred seventy-eight dollars per year per person	21536
employed, whichever is the lesser.	21537

Part (B) shall include the cost of all other lawful	21538
expenditures of the governing board. The state board of education	21539
shall review such budget and may approve, increase, or decrease	21540
such budget.	21541

The governing board shall be reimbursed by the state board of	21542
education from state funds for the cost of part (A) of the budget.	21543
The governing board shall be reimbursed by the state board of	21544
education, from state funds for the cost of part (B) of the	21545
approved budget that is in excess of six dollars and fifty cents	21546
times the service center ADM. If the governing board provides	21547
services to city or exempted village school districts pursuant to	21548
section 3313.843 of the Revised Code, the governing board shall be	21549
reimbursed from state funds for the cost of part (B) of the budget	21550
that is in excess of six dollars and fifty cents times the sum of	21551
the service center ADM and the client ADMs of the city or exempted	21552
village districts to which such services are provided. The cost	21553
of part (B) not in excess of six dollars and fifty cents times the	21554
number of such ADM shall be apportioned by the state board of	21555
education among the local school districts in the territory of the	21556
service center, or among all districts to which the governing	21557
board provides services, on the basis of the total number of	21558
pupils in each school district.	21559

If part (B) of the budget is in excess of that approved by	21560
the state board of education, the excess cost shall be apportioned	21561
by the state board of education among the local school districts	21562
in the territory of the service center on the basis of the total	21563
number of such pupils in each such school district, provided that	21564
a majority of the boards of education of such local school	21565
districts approve such apportionment. The state board of	21566
education shall initiate and supervise the procedure by which the	21567
local boards shall approve or disapprove such apportionment.	21568

The amounts so apportioned shall be certified to the	21569
treasurers of the various school districts. In the case of each	21570
district such amount shall be deducted by the state board of	21571
education from funds allocated to the district pursuant to	21572
division (E) of section 3317.023 of the Revised Code.	21573

The state board of education shall certify to the director of	21574
budget and management for payment the total of the deductions,	21575
whereupon the amount shall be paid to the governing board of each	21576
service center, to be deposited to the credit of a separate fund,	21577
hereby created, to be known as the educational service center	21578
governing board fund.	21579

An educational service center may provide special education	21580
to students in its local districts or in client districts. A	21581
service center is eligible for funding under division (J) of	21582
section 3317.024 of the Revised Code and eligible for state	21583
subsidies for the purchase of school buses under section 3317.07	21584
of the Revised Code. Special education units for gifted children	21585
may be operated by a governing board. Vocational education may be	21586
provided by a governing board. A governing board may conduct	21587
driver education for pupils enrolled in a high school for which	21588
the state board of education prescribes minimum standards.	21589

Every local school district shall be provided supervisory	21590
services by its governing board as approved by the state board of	21591
education. A city or exempted village school district shall be	21592
considered to be provided supervisory services by a governing	21593
board if it has entered into an agreement for the governing board	21594
to provide any services under section 3313.843 of the Revised	21595
Code. Supervisory services shall not exceed one supervisory	21596
teacher for the first fifty classroom teachers employed in all	21597
districts that are provided supervisory services calculated under	21598
section 3317.023 of the Revised Code and one supervisory teacher	21599
for every additional one hundred such classroom teachers so	21600
calculated. Reimbursement for such supervisory services shall be	21601
a deduction by the state board of education from the payment to	21602
the school district pursuant to division (E) of section 3317.023	21603
of the Revised Code. Deductions for all supervisory services and	21604
extended services for supervisory and child study shall be	21605
apportioned among local school districts within the territory of	21606
the service center and any city or exempted village districts that	21607
have entered into agreements with a service center pursuant to	21608
section 3313.843 of the Revised Code by the state board of	21609
education on the basis of the total number of pupils in each	21610
school district, except that where such services are provided to	21611
districts other than local school districts within the service	21612
center territory and city or exempted village districts having	21613
agreements with the service center, such charges shall be	21614
apportioned among all participating districts on the basis of the	21615
total number of pupils in each school district. All deductions	21616
from state funding to school districts required for reimbursement	21617
of governing boards by division (E) of section 3317.023 of the	21618
Revised Code shall be made from the total of the payment computed	21619
for the district under this chapter, after making any other	21620
adjustments in that payment required by law.	21621

(B)(1) In addition to the payments made under division (A)	21622
of this section, except as otherwise provided in division (C) of	21623
this section, the department of education shall pay each governing	21624
board ~~the amount in the following schedule for the specified~~	21625
~~fiscal year,~~ thirty-seven dollars times the sum of the service	21626
center ADM and the sum of the client ADMs of all its client	21627
districts:	21628

~~(a) In fiscal year 2000, thirty-six dollars;~~

21629

~~(b) In~~ in fiscal ~~year 2001, thirty-seven dollars~~ years 2002	21630
and 2003.	21631

(2) In addition to other payments under this section, the	21632
department shall pay each educational service center the amounts	21633
due to it from school districts pursuant to contracts, compacts,	21634
or agreements under which the service center furnishes services to	21635
the districts or their students. In order to receive payment	21636
under this division, an educational service center shall furnish	21637
either a copy of the applicable contract, compact, or agreement	21638
clearly indicating the amounts of the payments, or a written	21639
statement of the payments owed signed by the superintendent or	21640
treasurer of the responsible school district.	21641

The amounts paid to service centers under division (B)(2) of	21642
this section shall be deducted from payments to school districts	21643
pursuant to division (K)(2) of section 3317.023 of the Revised	21644
Code.	21645

(C) Each multicounty service center shall receive a payment	21646
each fiscal year equal to forty dollars and fifty-two cents times	21647
the sum of the service center ADM and the client ADMs of all its	21648
client districts.	21649

(D) Each city, exempted village, local, joint vocational, or	21650
cooperative education school district shall pay to the governing	21651
board of an educational service center any amounts agreed to for	21652
each child enrolled in the district who receives special education	21653
and related services or vocational education from the educational	21654
service center.	21655

(E) As used in this section:

21656

(1) "Service center ADM" means the total of each of the	21657
following for all local school districts within the limits of an	21658
educational service center's territory:	21659

(a) The formula ADM;

21660

(b) The kindergarten average daily membership included in	21661
the formula ADM;	21662

(c) Three-quarters of the number of students reported under	21663
division (B)(4) of section 3317.03 of the Revised Code;	21664

(d) The average daily membership of handicapped preschool	21665
children reported under division (B)(2) of section 3317.03 of the	21666
Revised Code;	21667

(e) The number of preschool students certified under	21668
division (B) of section 3317.032 of the Revised Code.	21669

(2) "Client ADM" means the total of each number described	21670
under divisions (E)(1)(a) to (e) of this section for a client	21671
district.	21672

(3) "Client district" means a city or exempted village school	21673
district that has entered into an agreement to receive services	21674
from a service center pursuant to section 3313.843 of the Revised	21675
Code.	21676

(4) "Multicounty service center" means a service center that	21677
includes territory that formerly was included in the territory of	21678
at least three former service centers or county school districts,	21679
which former centers or districts engaged in one or more mergers	21680
pursuant to section 3311.053 of the Revised Code to form the	21681
present center.	21682

Sec. 3317.13. (A) As used in this section and section	21683
3317.14 of the Revised Code:	21684

(1) "Years of service" includes the following:

21685

(a) All years of teaching service in the same school	21686
district or educational service center, regardless of training	21687
level, with each year consisting of at least one hundred twenty	21688
days under a teacher's contract;	21689

(b) All years of teaching service in a chartered, nonpublic	21690
school located in Ohio as a teacher licensed pursuant to section	21691
3319.22 of the Revised Code or in another public school,	21692
regardless of training level, with each year consisting of at	21693
least one hundred twenty days under a teacher's contract;	21694

(c) All years of teaching service in a chartered school or	21695
institution or a school or institution that subsequently became	21696
chartered or a chartered special education program or a special	21697
education program that subsequently became chartered operated by	21698
the state or by a subdivision or other local governmental unit of	21699
this state as a teacher licensed pursuant to section 3319.22 of	21700
the Revised Code, regardless of training level, with each year	21701
consisting of at least one hundred twenty days; and	21702

(d) All years of active military service in the armed forces	21703
of the United States, as defined in section 3307.75 of the Revised	21704
Code, to a maximum of five years. For purposes of this	21705
calculation, a partial year of active military service of eight	21706
continuous months or more in the armed forces shall be counted as	21707
a full year.	21708

(2) "Teacher" means all teachers employed by the board of	21709
education of any school district, including any cooperative	21710
education or joint vocational school district and all teachers	21711
employed by any educational service center governing board.	21712

(B) No teacher shall be paid a salary less than that	21713
provided in the schedule set forth in division (C) of this	21714
section. In calculating the minimum salary any teacher shall be	21715
paid pursuant to this section, years of service shall include the	21716
sum of all years of the teacher's teaching service included in	21717
divisions (A)(1)(a), (b), (c), and (d) of this section; except	21718
that any school district or educational service center employing a	21719
teacher new to the district or educational service center shall	21720
grant such teacher a total of not more than ten years of service	21721
pursuant to divisions (A)(1)(b), (c), and (d) of this section.	21722

Upon written complaint to the superintendent of public	21723
instruction that the board of education of a district or the	21724
governing board of an educational service center governing board	21725
has failed or refused to annually adopt a salary schedule or to	21726
pay salaries in accordance with the salary schedule set forth in	21727
division (C) of this section, the superintendent of public	21728
instruction shall cause to be made an immediate investigation of	21729
such complaint. If the superintendent finds that the conditions	21730
complained of exist, the superintendent shall order the board to	21731
correct such conditions within ten days from the date of the	21732
finding. No moneys shall be distributed to the district or	21733
educational service center under this chapter until the	21734
superintendent has satisfactory evidence of the board of	21735
education's full compliance with such order.	21736

Each teacher shall be fully credited with placement in the	21737
appropriate academic training level column in the district's or	21738
educational service center's salary schedule with years of service	21739
properly credited pursuant to this section or section 3317.14 of	21740
the Revised Code. No rule shall be adopted or exercised by any	21741
board of education or educational service center governing board	21742
which restricts the placement or the crediting of annual salary	21743
increments for any teacher according to the appropriate academic	21744
training level column.	21745

(C) Minimum salaries exclusive of retirement and sick leave	21746
for teachers shall be as follows:	21747

	Teachers		Teachers with	Teachers	21748
Years	with Less	Teachers with	Five Years of	with	21749
of	than	a Bachelor's	Training, but	a Master's	21750
Service	Bachelor's	Degree	no Master's	Degree or	21751
	Degree		Degree	Higher	21752

	Per	Dollar	Per	Dollar	Per	Dollar	Per	Dollar	21753
	Cent*	Amount	Cent*	Amount	Cent*	Amount	Cent*	Amount	21754
0	86.5	$~~14,705~~	100.0	$~~17,000~~	103.8	$~~17,646~~	109.5	$~~18,615~~	21755
		17,300		20,000		20,760		21,900	21756
1	90.0	~~15,300~~	103.8	~~17,646~~	108.1	~~18,377~~	114.3	~~19,431~~	21757
		18,000		20,760		21,620		22,860	21758
2	93.5	~~15,895~~	107.6	~~18,292~~	112.4	~~19,108~~	119.1	~~20,247~~	21759
		18,700		21,520		22,480		23,820	21760
3	97.0	~~16,490~~	111.4	~~18,938~~	116.7	~~19,839~~	123.9	~~21,063~~	21761
		19,400		22,280		23,340		24,780	21762
4	100.5	~~17,085~~	115.2	~~19,584~~	121.0	~~20,570~~	128.7	~~21,879~~	21763
		20,100		23,040		24,200		25,740	21764
5	104.0	~~17,680~~	119.0	~~20,230~~	125.3	~~21,301~~	133.5	~~22,695~~	21765
		20,800		23,800		25,060		26,700	21766
6	104.0	~~17,680~~	122.8	~~20,876~~	129.6	~~22,032~~	138.3	~~23,511~~	21767
		20,800		24,560		25,920		27,660	21768
7	104.0	~~17,680~~	126.6	~~21,522~~	133.9	~~22,763~~	143.1	~~24,327~~	21769
		20,800		25,320		26,780		28,620	21770
8	104.0	~~17,680~~	130.4	~~22,168~~	138.2	~~23,494~~	147.9	~~25,143~~	21771
		20,800		26,080		27,640		29,580	21772
9	104.0	~~17,680~~	134.2	~~22,814~~	142.5	~~24,225~~	152.7	~~25,959~~	21773
		20,800		26,840		28,500		30,540	21774
10	104.0	~~17,680~~	138.0	~~23,460~~	146.8	~~24,956~~	157.5	~~26,775~~	21775
		20,800		27,600		29,360		31,500	21776
11	104.0	~~17,680~~	141.8	~~24,106~~	151.1	~~25,687~~	162.3	~~27,591~~	21777
		20,800		28,360		30,220		32,460	21778

* Percentages represent the percentage which each salary is	21779
of the base amount.	21780

For purposes of determining the minimum salary at any level	21781
of training and service, the base of one hundred per cent shall be	21782
the base amount. The percentages used in this section show the	21783
relationships between the minimum salaries required by this	21784
section and the base amount and shall not be construed as	21785
requiring any school district or educational service center to	21786
adopt a schedule containing salaries in excess of the amounts set	21787
forth in this section for corresponding levels of training and	21788
experience.	21789

As used in this division:

21790

(1) "Base amount" means ~~seventeen~~ twenty thousand dollars.

21791

(2) "Five years of training" means at least one hundred	21792
fifty semester hours, or the equivalent, and a bachelor's degree	21793
from a recognized college or university.	21794

(D) For purposes of this section, all credited training	21795
shall be from a recognized college or university.	21796

Sec. 3317.16. (A) As used in this section:

21797

(1) "State share percentage" means the percentage calculated	21798
for a joint vocational school district as follows:	21799

(a) Calculate the state base cost funding amount for the	21800
district under division (B) of this section. If the district	21801
would not receive any base cost funding for that year under that	21802
division, the district's state share percentage is zero.	21803

(b) If the district would receive base cost funding under	21804
that division, divide that base cost amount by an amount equal to	21805
the following:	21806

cost-of-doing-business factor X

21807

the formula amount X

21808

the greater of formula ADM or

21809

three-year average formula ADM

21810

The resultant number is the district's state share	21811
percentage.	21812

(2) The "total special education weight" for a joint	21813
vocational school district shall be calculated in the same manner	21814
as prescribed in division (B)(1) of section 3317.022 of the	21815
Revised Code.	21816

(3) The "total vocational education weight" for a joint	21817
vocational school district shall be calculated in the same manner	21818
as prescribed in division (B)~~(4)~~(3) of section 3317.022 of the	21819
Revised Code.	21820

(4) The "~~adjusted~~ total ~~taxable value~~ recognized valuation"	21821
of a joint vocational school district shall be determined by	21822
adding the ~~adjusted total taxable values~~ recognized valuations of	21823
all its constituent school districts for the applicable fiscal	21824
year.	21825

(B) The department of education shall compute and distribute	21826
state base cost funding to each joint vocational school district	21827
for the fiscal year in accordance with the following formula:	21828

(cost-of-doing-business factor X

21829

formula amount X the greater of formula

21830

ADM or three-year average formula ADM) -

21831

(.0005 X ~~adjusted~~ total ~~taxable value~~ recognized valuation)

21832

If the difference obtained under this division is a negative	21833
number, the district's computation shall be zero.	21834

(C)(1) The department shall compute and distribute state	21835
vocational education additional weighted costs funds to each joint	21836
vocational school district in accordance with the following	21837
formula:	21838

state share percentage X formula amount X

21839

total vocational education weight

21840

(2) The department shall compute for each joint vocational	21841
school district state funds for vocational education associated	21842
services costs in accordance with the following formula:	21843

state share percentage X .05 X

21844

the formula amount X the sum of

21845

categories one and two vocational

21846

education ADM

21847

In any fiscal year, a joint vocational school district	21848
receiving funds under division (C)(2) of this section, or through	21849
a transfer of funds pursuant to division (L) of section 3317.023	21850
of the Revised Code, shall spend those funds only for the purposes	21851
that the department designates as approved for vocational	21852
education associated services expenses, which may include such	21853
purposes as apprenticeship coordinators, coordinators for other	21854
vocational education services, vocational evaluation, and other	21855
purposes designated by the department. The department may deny	21856
payment under division (C)(2) of this section to any district that	21857
the department determines is not operating those services or is	21858
using funds paid under division (C)(2) of this section, or through	21859
a transfer of funds pursuant to division (L) of section 3317.023	21860
of the Revised Code, for other purposes.	21861

(D)(1) The department shall compute and distribute state	21862
special education and related services additional weighted costs	21863
funds to each joint vocational school district in accordance with	21864
the following formula:	21865

state share percentage X formula amount X	21866

total special education weight

21867

(2)(a) As used in this division, the "personnel allowance"	21868
means ~~twenty-five thousand dollars in fiscal year 2000 and~~ thirty	21869
thousand dollars in fiscal year ~~2001~~ 2002 and fifty-five thousand	21870
six hundred fifty-two dollars in fiscal year 2003.	21871

(b) For the provision of speech services to students and for	21872
no other purpose, the department shall pay each joint vocational	21873
school district an amount calculated under the following formula:	21874

(formula ADM divided by 2000) X the personnel

21875

allowance X state share percentage

21876

(E)(1) If a joint vocational school district's costs for a	21877
fiscal year for a student in its ~~category three~~ categories one and	21878
two special education ADM are twenty-five thousand dollars or	21879
more, the district may submit to the superintendent of public	21880
instruction documentation, as prescribed by the superintendent, of	21881
all of its costs for that student. Upon submission of	21882
documentation for a student of the type and in the manner	21883
prescribed, the department shall pay to the district an amount	21884
equal to the sum of the following:	21885

(a) One-half of the district's costs for the student in	21886
excess of twenty-five thousand dollars;	21887

(b) The product of one-half of the district's costs for the	21888
student in excess of twenty-five thousand dollars multiplied by	21889
the district's state share percentage.	21890

(2) In fiscal year 2002, if a joint vocational school	21891
district's costs for a student in its category three special	21892
education ADM are twenty-five thousand dollars or more, the	21893
district may submit to the superintendent of public instruction	21894
documentation, as prescribed by the superintendent, of all its	21895
costs for that student. Upon submission of documentation for a	21896
student of the type and in the manner prescribed, the department	21897
shall pay to the district an amount equal to the sum of the	21898
following:	21899

(a) One-half of the district's costs for the student in	21900
excess of twenty-five thousand dollars;	21901

(b) The product of one-half of the district's costs for the	21902
student in excess of twenty-five thousand dollars multiplied by	21903
the district's state share percentage.	21904

(3) In fiscal years after fiscal year 2002, if a joint	21905
vocational school district's costs for the fiscal year for a	21906
student in its category three special education ADM are twenty	21907
thousand dollars or more, the district may submit to the	21908
superintendent of public instruction documentation, as prescribed	21909
by the superintendent, of all its costs for that student. Upon	21910
submission of documentation for a student of the type and in the	21911
manner prescribed, the department shall pay to the district an	21912
amount equal to the sum of the following:	21913

(a) One-half of the district's costs for the student in	21914
excess of twenty thousand dollars;	21915

(b) The product of one-half of the district's costs for the	21916
student in excess of twenty thousand dollars multiplied by the	21917
district's state share percentage.	21918

(4) The district shall only report under divisions (E)(1) to	21919
(3) of this section, and the department shall only pay for, the	21920
costs of educational expenses and the related services provided to	21921
the student in accordance with the student's individualized	21922
education program. Any legal fees, court costs, or other costs	21923
associated with any cause of action relating to the student may	21924
not be included in the amount.	21925

(F) Each fiscal year, the department shall pay each joint	21926
vocational school district an amount for adult technical and	21927
vocational education and specialized consultants.	21928

(G)(1) In any fiscal year, a joint vocational school	21929
district receiving funds under division (D) of this section shall	21930
spend on the related services specified in division (B)(3) of	21931
section 3317.022 of the Revised Code at least the lesser of the	21932
following:	21933

(a) The amount the district spent on those related services	21934
in the preceding fiscal year;	21935

(b) 1/8 X {[cost-of-doing-business factor X the formula	21936
amount X (the category one special education ADM + category two	21937
special education ADM + category three special education ADM)] +	21938
the amount calculated for the fiscal year under division (D)(1) of	21939
this section + the local share of special education and related	21940
services additional weighted costs}.	21941

(2) A joint vocational school district's local share of	21942
special education and related services additional weighted costs	21943
equals:	21944

(1 - state share percentage) X	21945

Total special education weight X

21946

the formula amount

21947

(H) In any fiscal year, if the total of all payments made to	21948
a joint vocational school district under divisions (B) to (D) of	21949
this section and division (R) of section 3317.024 of the Revised	21950
Code is less than the amount that district received in fiscal year	21951
1999 under the version of this section in effect that year, plus	21952
the amount that district received under the version of section	21953
3317.162 of the Revised Code in effect that year and minus the	21954
amounts received that year for driver education and adult	21955
education, the department shall pay the district an additional	21956
amount equal to the difference between those two amounts.	21957

~~(I) In fiscal years 2000 and 2001, each joint vocational~~	21958
~~school district shall continue to offer the same number of the~~	21959
~~vocational education programs that the district offered in fiscal~~	21960
~~year 1999, unless the department of education expressly agrees~~	21961
~~that the district may offer fewer programs in either or both~~	21962
~~fiscal year 2000 or 2001.~~	21963

Sec. 3317.19. (A) As used in this section, "total unit	21964
allowance" means an amount equal to the sum of the following:	21965

(1) The total of the salary allowances for the teachers	21966
employed in the cooperative education school district for all	21967
units approved under division (B) or (C) of section 3317.05 of the	21968
Revised Code. The salary allowance for each unit shall equal the	21969
minimum salary for the teacher of the unit calculated on the basis	21970
of the teacher's training level and years of experience pursuant	21971
to the salary schedule prescribed in the version of section	21972
3317.13 of the Revised Code in effect prior to the effective date	21973
of this amendment.	21974

(2) Fifteen per cent of the total computed under division	21975
(A)(1) of this section;	21976

(3) The total of the unit operating allowances for all	21977
approved units. The amount of each allowance shall equal one of	21978
the following:	21979

(a) Eight thousand twenty-three dollars times the number of	21980
preschool handicapped units or fraction thereof approved for the	21981
year under division (B) of section 3317.05 of the Revised Code;	21982

(b) Two thousand one hundred thirty-two dollars times the	21983
number of units or fraction thereof approved for the year under	21984
division (C) of section 3317.05 of the Revised Code.	21985

(B) The state board of education shall compute and	21986
distribute to each cooperative education school district for each	21987
fiscal year an amount equal to the sum of the following:	21988

(1) An amount equal to the total of the amounts credited to	21989
the cooperative education school district pursuant to division (K)	21990
of section 3317.023 of the Revised Code;	21991

(2) The total unit allowance;

21992

(3) An amount for assisting in providing free lunches to	21993
needy children and an amount for assisting needy school districts	21994
in purchasing necessary equipment for food preparation pursuant to	21995
division (K) of section 3317.024 of the Revised Code.	21996

(C) If a cooperative education school district has had	21997
additional special education units approved for the year under	21998
division (F)(2) of section 3317.03 of the Revised Code, the	21999
district shall receive an additional amount during the last half	22000
of the fiscal year. For each unit, the additional amount shall	22001
equal fifty per cent of the amount computed under division (A) of	22002
this section for a unit approved under division (B) of section	22003
3317.05 of the Revised Code.	22004

Sec. 3317.20. This section does not apply to handicapped	22005
preschool children.	22006

(A) As used in this section:

22007

(1) "Applicable weight" means:

22008

(a) For a handicapped child receiving special education	22009
services for a handicap specified in division (A) of section	22010
3317.013 of the Revised Code, the multiple specified in that	22011
division;	22012

(b) For a handicapped child receiving special education	22013
services for a handicap specified in division (B) of section	22014
3317.013 or division (F)(3) of section 3317.02 of the Revised	22015
Code, the multiple specified in division (B) of section 3317.013	22016
of the Revised Code.	22017

(2) "Child's school district" means the school district in	22018
which a child is entitled to attend school pursuant to section	22019
3313.64 or 3313.65 of the Revised Code.	22020

(3) "State share percentage" means the state share percentage	22021
of the child's school district as defined in section 3317.022 of	22022
the Revised Code.	22023

(B) ~~Notwithstanding sections 3317.03, 3317.05, 3317.161, and~~	22024
~~3317.162 of the Revised Code, the department of education shall~~	22025
~~not approve special education and related services units, other~~	22026
~~than for handicapped preschool children, in county MR/DD boards in~~	22027
~~fiscal years 1999, 2000, and 2001. During those fiscal years,~~	22028
~~state funding for special education and related services provided~~	22029
~~to school-age children by county MR/DD boards shall be provided~~	22030
~~under divisions (C) to (E) of this section.~~	22031

~~(C)~~ Except as provided in division ~~(D)~~(C) of this section,	22032
the department shall annually pay each county MR/DD board an	22033
amount calculated under the following formula for each handicapped	22034
child, other than a handicapped preschool child, for whom the	22035
county MR/DD board provides special education and related	22036
services:	22037

(formula amount X the cost-of-doing-business factor

22038

for the child's school district) +

22039

(state share percentage X formula amount X

22040

the applicable weight)

22041

~~(D)~~(C) If any school district places with a county MR/DD	22042
board more handicapped children than it had placed with a county	22043
MR/DD board in fiscal year 1998, the department shall not make a	22044
payment under division ~~(C)~~(B) of this section for the number of	22045
children exceeding the number placed in fiscal year 1998. The	22046
department instead shall deduct from the district's payments under	22047
this chapter, and pay to the county MR/DD board, an amount	22048
calculated in accordance with the formula prescribed in division	22049
~~(C)~~(B) of this section for each child over the number of children	22050
placed in fiscal year 1998.	22051

~~(E)~~(D) The department shall calculate for each county MR/DD	22052
board receiving payments under divisions ~~(C)~~(B) and ~~(D)~~(C) of this	22053
section the following amounts:	22054

(1) The amount received by the county MR/DD board for	22055
approved special education and related services units, other than	22056
preschool handicapped units, in fiscal year 1998, divided by the	22057
total number of children served in the units that year;	22058

(2) The product of the quotient calculated under division	22059
~~(E)~~(D)(1) of this section times the number of children for whom	22060
payments are made under divisions ~~(C)~~(B) and ~~(D)~~(C) of this	22061
section.	22062

If the amount calculated under division ~~(E)~~(D)(2) of this	22063
section is greater than the total amount calculated under	22064
divisions ~~(C)~~(B) and ~~(D)~~(C) of this section, the department shall	22065
pay the county MR/DD board one hundred per cent of the difference	22066
in addition to the payments under divisions ~~(C)~~(B) and ~~(D)~~(C) of	22067
this section.	22068

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	22069
Revised Code:	22070

(A) "Ohio school facilities commission" means the commission	22071
created pursuant to section 3318.30 of the Revised Code.	22072

(B) "Classroom facilities" means rooms in which pupils	22073
regularly assemble in public school buildings to receive	22074
instruction and education and such facilities and building	22075
improvements for the operation and use of such rooms as may be	22076
needed in order to provide a complete educational program, and may	22077
include space within which a child day-care facility or a	22078
community resource center is housed. "Classroom facilities"	22079
includes any space necessary for the operation of a vocational	22080
education program in any school district that operates such a	22081
program.	22082

(C) "Project" means a project to construct or acquire	22083
classroom facilities, or to reconstruct or make additions to	22084
existing classroom facilities, to be used for housing the	22085
applicable school district and its functions.	22086

(D) "School district" means a local, exempted village, or	22087
city school district as such districts are defined in Chapter	22088
3311. of the Revised Code, acting as an agency of state	22089
government, performing essential governmental functions of state	22090
government pursuant to sections 3318.01 and 3318.20 of the Revised	22091
Code.	22092

(E) "School district board" means the board of education of a	22093
school district.	22094

(F) "Net bonded indebtedness" means the difference between	22095
the sum of the par value of all outstanding and unpaid bonds and	22096
notes which a school district board is obligated to pay, any	22097
amounts the school district is obligated to pay under	22098
lease-purchase agreements entered into under section 3313.375 of	22099
the Revised Code, and the par value of bonds authorized by the	22100
electors but not yet issued, the proceeds of which can lawfully be	22101
used for the project, and the amount held in the sinking fund and	22102
other indebtedness retirement funds for their redemption. Notes	22103
issued for school buses in accordance with section 3327.08 of the	22104
Revised Code, notes issued in anticipation of the collection of	22105
current revenues, and bonds issued to pay final judgments shall	22106
not be considered in calculating the net bonded indebtedness.	22107

"Net bonded indebtedness" does not include indebtedness	22108
arising from the acquisition of land to provide a site for	22109
classroom facilities constructed, acquired, or added to pursuant	22110
to sections 3318.01 to 3318.20 of the Revised Code.	22111

(G) "Board of elections" means the board of elections of the	22112
county containing the most populous portion of the school	22113
district.	22114

(H) "County auditor" means the auditor of the county in which	22115
the greatest value of taxable property of such school district is	22116
located.	22117

(I) "Tax duplicates" means the general tax lists and	22118
duplicates prescribed by sections 319.28 and 319.29 of the Revised	22119
Code.	22120

(J) "Required level of indebtedness" means:

22121

(1) In the case of districts in the first percentile, five	22122
per cent of the district's valuation for the year preceding the	22123
year in which the controlling board approved the project under	22124
section 3318.04 of the Revised Code.	22125

(2) In the case of districts ranked in a subsequent	22126
percentile, five per cent of the district's valuation for the year	22127
preceding the year in which the controlling board approved the	22128
project under section 3318.04 of the Revised Code, plus [two	22129
one-hundredths of one per cent multiplied by (the percentile in	22130
which the district ranks minus one)].	22131

(K) "Required percentage of the basic project costs" means	22132
one per cent of the basic project costs times the percentile in	22133
which the district ranks.	22134

(L) "Basic project cost" means a cost amount determined in	22135
accordance with rules adopted under section 111.15 of the Revised	22136
Code by the Ohio school facilities commission. The basic project	22137
cost calculation shall take into consideration the square footage	22138
and cost per square foot necessary for the grade levels to be	22139
housed in the classroom facilities, the variation across the state	22140
in construction and related costs, the cost of the installation of	22141
site utilities and site preparation, the cost of insuring the	22142
project until it is completed, any contingency reserve amount	22143
prescribed by the commission under section 3318.086 of the Revised	22144
Code, and the professional planning, administration, and design	22145
fees that a district may have to pay to undertake a classroom	22146
facilities project.	22147

"Basic project cost" also includes the value of classroom	22148
facilities authorized in a pre-existing bond issue as described in	22149
section 3318.033 of the Revised Code.	22150

(M) A "school district's portion of the basic project cost"	22151
means the amount determined under section 3318.032 of the Revised	22152
Code.	22153

(N) "Child day-care facility" means space within a classroom	22154
facility in which the needs of infants, toddlers, preschool	22155
children, and school children are provided for by persons other	22156
than the parent or guardian of such children for any part of the	22157
day, including persons not employed by the school district	22158
operating such classroom facility.	22159

(O) "Community resource center" means space within a	22160
classroom facility in which comprehensive services that support	22161
the needs of families and children are provided by community-based	22162
social service providers.	22163

(P) "Valuation" means the total value of all property in the	22164
district as listed and assessed for taxation on the tax	22165
duplicates.	22166

(Q) "Percentile" means the percentile in which the district	22167
is ranked pursuant to division (D) of section 3318.011 of the	22168
Revised Code.	22169

(R) "Installation of site utilities" means the installation	22170
of a site domestic water system, site fire protection system, site	22171
gas distribution system, site sanitary system, site storm drainage	22172
system, and site telephone and data system.	22173

(S) "Site preparation" means the earthwork necessary for	22174
preparation of the building foundation system, the paved	22175
pedestrian and vehicular circulation system, playgrounds on the	22176
project site, and lawn and planting on the project site.	22177

Sec. 3318.04. (A) If the Ohio school facilities commission	22178
makes a determination under section 3318.03 of the Revised Code in	22179
favor of constructing, acquiring, reconstructing, or making	22180
additions to a classroom facility, the project shall be	22181
conditionally approved. Such conditional approval shall be	22182
submitted to the controlling board for approval thereof. The	22183
controlling board shall forthwith approve or reject the	22184
commission's determination, conditional approval, the amount of	22185
the state's portion of the basic project cost, and, if the state's	22186
portion exceeds twenty-five million dollars, the amount of the	22187
state's portion to be encumbered in the current fiscal biennium.	22188
In the event of approval thereof by the controlling board, the	22189
commission shall certify such conditional approval to the school	22190
district board and shall encumber from the total funds	22191
appropriated for the purpose of sections 3318.01 to 3318.20 of the	22192
Revised Code the amount of the state's portion of the basic	22193
project cost or, if the state's portion exceeds twenty-five	22194
million dollars, the amount approved under this section to be	22195
encumbered in the current fiscal biennium.	22196

The basic project cost for a project approved under this	22197
section shall not exceed the cost that would otherwise have to be	22198
incurred if the classroom facilities to be constructed, acquired,	22199
or reconstructed, or the additions to be made to classroom	22200
facilities, under such project meet, but do not exceed, the	22201
specifications for plans and materials for classroom facilities	22202
adopted by the commission.	22203

(B)(1) No school district shall have a project conditionally	22204
approved pursuant to this section if the school district has	22205
already received any assistance for a project funded under any	22206
version of sections 3318.01 to 3318.20 of the Revised Code, and	22207
the prior project was one for which the electors of such district	22208
approved a levy within the last twenty years pursuant to any	22209
version of section 3318.06 of the Revised Code for purposes of	22210
qualifying for the funding of that project, unless the district	22211
demonstrates to the satisfaction of the commission that the	22212
district has experienced since approval of its prior project an	22213
exceptional increase in enrollment significantly above the	22214
district's design capacity under that prior project as determined	22215
by rule of the commission.	22216

(2) Notwithstanding division (B)(1) of this section, any	22217
school district that received assistance under sections 3318.01 to	22218
3318.20 of the Revised Code, as those sections existed prior to	22219
May 20, 1997, may receive additional assistance under those	22220
sections, as they exist on and after May 20, 1997, prior to the	22221
expiration of the period of time required under division (B)(1) of	22222
this section, if the percentile in which the school district is	22223
located, as determined under section 3318.011 of the Revised Code,	22224
is eligible for assistance as prescribed in section 3318.02 of the	22225
Revised Code.	22226

The commission may provide assistance under sections 3318.01	22227
to 3318.20 of the Revised Code pursuant to this division to no	22228
more than five school districts per fiscal year until all eligible	22229
school districts have received the additional assistance	22230
authorized under this division. The commission shall establish	22231
application procedures, deadlines, and priorities for funding	22232
projects under this division.	22233

The commission at its discretion may waive current design	22234
specifications it has adopted for projects under sections 3318.01	22235
to 3318.20 of the Revised Code when assessing an application for	22236
additional assistance under this division for the renovation of	22237
classroom facilities constructed or renovated under a school	22238
district's previous project. If the commission finds that a	22239
school district's existing classroom facilities are adequate to	22240
meet all of the school district's needs, the commission may	22241
determine that no additional state assistance be awarded to a	22242
school district under this division.	22243

In order for a school district to be eligible to receive any	22244
additional assistance under this division, the school district	22245
electors shall extend the school district's existing levy	22246
dedicated for maintenance of classroom facilities under Chapter	22247
3318. of the Revised Code, pursuant to section 3318.061 of the	22248
Revised Code or shall provide equivalent alternative maintenance	22249
funds as specified in division (B) of section 3318.06 of the	22250
Revised Code.	22251

(3) Notwithstanding division (B)(1) of this section, any	22252
school district that has received assistance under sections	22253
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	22254
receive additional assistance if the commission decides in favor	22255
of providing such assistance pursuant to section 3318.042 of the	22256
Revised Code.	22257

Sec. 3318.042. (A) The board of education of any school	22258
district that is receiving assistance under sections 3318.01 to	22259
3318.20 of the Revised Code after May 20, 1997, and whose project	22260
is still under construction, may request that the Ohio school	22261
facilities commission examine whether the circumstances prescribed	22262
in either division (B)(1) or (2) of this section exist in the	22263
school district. If the commission so finds, the commission shall	22264
review the school district's original assessment and approved	22265
project under sections 3318.01 to 3318.20 of the Revised Code, and	22266
consider providing additional assistance to the school district to	22267
correct the prescribed conditions found to exist in the district.	22268
Additional assistance under this section shall be limited to	22269
additions to one or more buildings, remodeling of one or more	22270
buildings, or changes to the infrastructure of one or more	22271
buildings.	22272

(B) Consideration of additional assistance to a school	22273
district under this section is warranted in either of the	22274
following circumstances:	22275

(1) Additional work is needed to correct an oversight or	22276
deficiency not identified or included in the district's initial	22277
assessment.	22278

(2) Other conditions exist that, in the opinion of the	22279
comission, warrant additions or remodeling of the project	22280
facilities or changes to infrastructure associated with the	22281
district's project that were not identified in the initial	22282
assessment and plan.	22283

(C) If the commission decides in favor of providing	22284
additional assistance to any school district under this section,	22285
the school district shall be responsible for paying for its	22286
portion of the cost the additions, remodeling, or infrastucture	22287
changes pursuant to section 3318.083 of the Revised Code. If	22288
after making a financial evaluation of the school district, the	22289
commission determines that the school district is unable without	22290
undue hardship, according to the guidelines adopted by the	22291
commission, to fund the school district portion of the increase,	22292
then the state and the school district shall enter into an	22293
agreement whereby the state shall pay the portion of the cost	22294
increase attributable to the school district which is determined	22295
to be in excess of any local resources available to the district	22296
and the district shall thereafter reimburse the state. The	22297
commission shall establish the district's schedule for reimbursing	22298
the state, which shall not extend beyond five years. Debt	22299
incurred under this section shall not be included in the	22300
calculation of the net indebtedness of the school district under	22301
section 133.06 of the Revised Code.	22302

Sec. 3318.052. (A) At any time after the electors of a	22303
school district have approved either or both a property tax levied	22304
under section 5705.21 or 5705.218 of the Revised Code for the	22305
purpose of general ongoing permanent improvements or a school	22306
district income tax levied under Chapter 5748. of the Revised	22307
Code, the board of education of the school district may do all of	22308
the following:	22309

(1) Within one year following the date of the certification	22310
of the conditional approval of the school district's classroom	22311
facilities project by the Ohio school facilities commission, enter	22312
into a written agreement with the commission, which may be part of	22313
an agreement entered into under section 3318.08 of the Revised	22314
Code, under which the school district board covenants and agrees	22315
to apply a specified amount of the proceeds of that property tax	22316
levy, of that school district income tax, or of securities issued	22317
under this section, or of proceeds from any two or more of those	22318
sources, to pay all or part of the district's portion of the basic	22319
project cost of its classroom facilities project.	22320

(2) Receive as a credit against the amount of bonds	22321
required under sections 3318.05 and 3318.06 of the Revised Code,	22322
to be approved by the electors of the district and issued by the	22323
district board for the district's portion of the basic project	22324
cost of its classroom facilities project in order for the district	22325
to receive state assistance for the project, an amount equal to	22326
the specified amount that the district board covenants and agrees	22327
with the commission to apply as set forth in division (A) (1) of	22328
this section.	22329

(3) Apply the proceeds of either or both such taxes to the	22330
payment of debt charges on and financing costs related to	22331
securities issued under this section and to make any necessary	22332
transfers of funds arising from such a tax to the bond retirement	22333
fund established for those securities from the fund to which the	22334
proceeds of the tax are credited.	22335

(4) Issue securities to provide moneys to pay all or part	22336
of the district's portion of the basic project cost of its	22337
classroom facilities project in accordance with an agreement	22338
entered into under division (A) (1) of this section.	22339

(B) Securities issued under this section shall be Chapter	22340
133. securities and may be issued as general obligation securities	22341
or issued in anticipation of a school district income tax or as	22342
property tax anticipation notes under section 133.24 of the	22343
Revised Code. The district board's resolution authorizing the	22344
issuance and sale of general obligation securities under this	22345
section shall conform to the applicable requirements of section	22346
133.22 or 133.23 of the Revised Code. Securities issued under	22347
this section shall have principal payments during each year after	22348
the year of issuance over a period of not more than twenty-three	22349
years and, if so determined by the district board, during the year	22350
of issuance. Securities issued under this section shall not be	22351
included in the calculation of net indebtedness of the district	22352
under section 133.06 of the Revised Code if the resolution of the	22353
district board authorizing their issuance and sale includes	22354
covenants to appropriate annually from the proceeds of the	22355
property tax levied or of the school district income tax referred	22356
to in division (A) of this section and to continue to levy and	22357
collect the tax in amounts necessary to pay the debt charges on	22358
and financing costs related to the securities as they become due.	22359
No such tax the proceeds of which are pledged, or that the school	22360
district board has covenanted to levy, collect, and appropriate	22361
annually, to pay the debt charges on and financing costs related	22362
to securities issued under this section shall be repealed while	22363
those securities are outstanding. If such a tax is reduced by the	22364
electors of the district or by the district board while those	22365
securities are outstanding, the school district board shall	22366
continue to levy and collect the tax under the authority of the	22367
original election authorizing the tax at a rate in each year that	22368
the board reasonably estimates will produce an amount in that year	22369
equal to the debt charges on the securities in that year.	22370

No state moneys shall be released for a project to which	22371
this section applies until the proceeds of the tax securities	22372
issued under this section that are dedicated for the payment of	22373
the district portion of the basic project cost of its classroom	22374
facilities project are first deposited into the district's project	22375
construction fund.	22376

Sec. 3318.08. If the requisite favorable vote on the	22377
election is obtained, or if the school district board has resolved	22378
to apply the proceeds of a property tax levy or the proceeds of an	22379
income tax, or a combination of proceeds from such taxes, as	22380
authorized in section 3318.052 of the Revised Code, the Ohio	22381
school facilities commission, upon certification to it of either	22382
the results of the election or the resolution under section	22383
3318.052 of the Revised Code, shall enter into a written agreement	22384
with the school district board for the construction and sale of	22385
the project, which agreement shall include, but need not be	22386
limited to, the following provisions:	22387

(A) The sale and issuance of bonds or notes in anticipation	22388
thereof, as soon as practicable after the execution of the	22389
agreement, in an amount equal to the school district's portion of	22390
the basic project cost, including any bonds previously authorized	22391
by the district's electors as described in section 3318.033 of the	22392
Revised Code; provided, that if at that time the county treasurer	22393
of each county in which the school district is located has not	22394
commenced the collection of taxes on the general duplicate of real	22395
and public utility property for the year in which the controlling	22396
board approved the project, the school district board shall	22397
authorize the issuance of a first installment of bond anticipation	22398
notes in an amount specified by the agreement, which amount shall	22399
not exceed an amount necessary to raise the net bonded	22400
indebtedness of the school district as of the date of the	22401
controlling board's approval to within five thousand dollars of	22402
the required level of indebtedness for the preceding year. In the	22403
event that a first installment of bond anticipation notes is	22404
issued, the school district board shall, as soon as practicable	22405
after the county treasurer of each county in which the school	22406
district is located has commenced the collection of taxes on the	22407
general duplicate of real and public utility property for the year	22408
in which the controlling board approved the project, authorize the	22409
issuance of a second and final installment of bond anticipation	22410
notes or a first and final issue of bonds.	22411

The combined value of the first and second installment of	22412
bond anticipation notes or the value of the first and final issue	22413
of bonds shall be equal to the school district's portion of the	22414
basic project cost. The proceeds of any such bonds shall be used	22415
first to retire any bond anticipation notes. Otherwise, the	22416
proceeds of such bonds and of any bond anticipation notes, except	22417
the premium and accrued interest thereon, shall be deposited in	22418
the school district's project construction fund. In determining	22419
the amount of net bonded indebtedness for the purpose of fixing	22420
the amount of an issue of either bonds or bond anticipation notes,	22421
gross indebtedness shall be reduced by moneys in the bond	22422
retirement fund only to the extent of the moneys therein on the	22423
first day of the year preceding the year in which the controlling	22424
board approved the project. Should there be a decrease in the tax	22425
valuation of the school district so that the amount of	22426
indebtedness that can be incurred on the tax duplicates for the	22427
year in which the controlling board approved the project is less	22428
than the amount of the first installment of bond anticipation	22429
notes, there shall be paid from the school district's project	22430
construction fund to the school district's bond retirement fund to	22431
be applied against such notes an amount sufficient to cause the	22432
net bonded indebtedness of the school district, as of the first	22433
day of the year following the year in which the controlling board	22434
approved the project, to be within five thousand dollars of the	22435
required level of indebtedness for the year in which the	22436
controlling board approved the project. The maximum amount of	22437
indebtedness to be incurred by any school district board as its	22438
share of the cost of the project is either an amount that will	22439
cause its net bonded indebtedness, as of the first day of the year	22440
following the year in which the controlling board approved the	22441
project, to be within five thousand dollars of the required level	22442
of indebtedness, or an amount equal to the required percentage of	22443
the basic project costs, whichever is greater. All bonds and bond	22444
anticipation notes shall be issued in accordance with Chapter 133.	22445
of the Revised Code, and notes may be renewed as provided in	22446
section 133.22 of the Revised Code.	22447

(B)(1) The transfer of such funds of the school district	22448
board available for the project, together with the proceeds of the	22449
sale of the bonds or notes, except premium, accrued interest, and	22450
interest included in the amount of the issue, to the school	22451
district's project construction fund;	22452

(2) If section 3318.052 of the Revised Code applies, the	22453
earmarking of the proceeds of a tax levied under section 5705.21	22454
of the Revised Code for general ongoing permanent improvements or	22455
the proceeds of a school district income tax levied under Chapter	22456
5748. of the Revised Code, or the proceeds from a combination of	22457
those two taxes, in an amount to pay all or part of the service	22458
charges on bonds issued to pay the school district portion of the	22459
project and an amount equivalent to all or part of the tax	22460
required under division (B) of section 3318.05 of the Revised	22461
Code.	22462

(C) If section 3318.052 of the Revised Code does not apply,	22463
either of the following:	22464

(1) The levy of the tax authorized at the election for the	22465
payment of maintenance costs, as specified in division (B) of	22466
section 3318.05 of the Revised Code;	22467

(2) If the school district electors have approved a	22468
continuing tax of at least two mills for each dollar of valuation	22469
for general ongoing permanent improvements under section 5705.21	22470
of the Revised Code and that tax can be used for maintenance, the	22471
earmarking of an amount of the proceeds from such tax for	22472
maintenance of classroom facilities as specified in division (B)	22473
of section 3318.05 of the Revised Code.	22474

(D) Ownership of or interest in the project during the	22475
period of construction, which shall be divided between the	22476
commission and the school district board in proportion to their	22477
respective contributions to the school district's project	22478
construction fund;	22479

(E) Maintenance of the state's interest in the project until	22480
any obligations issued for the project under section 3318.26 of	22481
the Revised Code are no longer outstanding;	22482

(F) The insurance of the project by the school district from	22483
the time there is an insurable interest therein and so long as the	22484
state retains any ownership or interest in the project pursuant to	22485
division (D) of this section, in such amounts and against such	22486
risks as the commission shall require; provided, that the cost of	22487
any required insurance until the project is completed shall be a	22488
part of the basic project cost;	22489

(G) The certification by the director of budget and	22490
management that funds are available and have been set aside to	22491
meet the state's share of the basic project cost as approved by	22492
the controlling board pursuant to section 3318.04 of the Revised	22493
Code;	22494

(H) Authorization of the school district board to advertise	22495
for and receive construction bids for the project, for and on	22496
behalf of the commission, and to award contracts in the name of	22497
the state subject to approval by the commission;	22498

(I) Provisions for the disbursement of moneys from the	22499
school district's project account upon issuance by the commission	22500
or the commission's designated representative of vouchers for work	22501
done to be certified to the commission by the treasurer of the	22502
school district board;	22503

(J) Disposal of any balance left in the school district's	22504
project construction fund upon completion of the project;	22505

(K) Limitations upon use of the project or any part of it so	22506
long as any obligations issued to finance the project under	22507
section 3318.26 of the Revised Code are outstanding;	22508

(L) Provision for vesting the state's interest in the	22509
project to the school district board when the obligations issued	22510
to finance the project under section 3318.26 of the Revised Code	22511
are outstanding;	22512

(M) Provision for deposit of an executed copy of the	22513
agreement in the office of the commission;	22514

(N) Provision for termination of the contract and release of	22515
the funds encumbered at the time of the conditional approval, if	22516
the proceeds of the sale of the bonds of the school district board	22517
are not paid into the school district's project construction fund	22518
and if bids for the construction of the project have not been	22519
taken within such period after the execution of the agreement as	22520
may be fixed by the commission;	22521

(O) Provision for the school district to maintain the	22522
project in accordance with a plan approved by the commission;	22523

(P) Provision that all state funds reserved and encumbered	22524
to pay the state share of the cost of the project pursuant to	22525
section 3318.03 of the Revised Code be spent on the construction	22526
or acquisition of the project prior to the expenditure of any	22527
funds provided by the school district to pay for its share of the	22528
project cost, unless the school district certifies to the	22529
commission that expenditure by the school district is necessary to	22530
maintain the tax-exempt status of notes or bonds issued by the	22531
school district to pay for its share of the project cost in which	22532
case, the school district may commit to spend, or spend, a portion	22533
of the funds it provides;	22534

(Q) A provision stipulating that the commission may prohibit	22535
the district from proceeding with any project if the commission	22536
determines that the site is not suitable for construction	22537
purposes. The commission may perform soil tests in its	22538
determination of whether a site is appropriate for construction	22539
purposes.	22540

(R) A provision stipulating that, unless otherwise	22541
authorized by the commission, any contingency reserve portion of	22542
the construction budget prescribed by the commission shall be used	22543
only to pay costs resulting from unforeseen job conditions, to	22544
comply with rulings regarding building and other codes, to pay	22545
costs related to design clarifications or corrections to contract	22546
documents, and to pay the costs of settlements or judgments	22547
related to the project as provided under section 3318.086 of the	22548
Revised Code.	22549

Sec. 3318.084. (A) Notwithstanding anything to the contrary	22550
in Chapter 3318. of the Revised Code, a school district board may	22551
apply any local donated contribution toward ~~the~~ either or both of	22552
the following:	22553

(1) The district's portion of the basic project cost of a	22554
project under sections 3318.01 to 3318.20 of the Revised Code ~~and~~	22555
~~may use such local donated contribution~~ to reduce the amount of	22556
bonds the district otherwise must issue in order to receive state	22557
assistance under those sections;	22558

(2) An offset of all or part of a district's obligation to	22559
levy the tax described in division (B) of section 3318.05 of the	22560
Revised Code, which shall be applied only in the manner prescribed	22561
in division (B) of this section.	22562

(B) No school district board shall apply any local donated	22563
contribution under division (A)(2) of this section unless the Ohio	22564
school facilities commission first approves that application.	22565

Upon the request of the school district board to apply	22566
local donated contribution under division (A)(2) of this section,	22567
the commission in consultation with the department of taxation	22568
shall determine the amount of total revenue that likely would be	22569
generated by one-half mill of the tax described in division (B) of	22570
section 3318.05 of the Revised Code over the entire	22571
twenty-three-year period required under that section and shall	22572
deduct from that amount any amount of local donated contribution	22573
that the board has committed to apply under division (A)(2) of	22574
this section. The commission then shall determine in consultation	22575
with the department of taxation the rate of tax over twenty-three	22576
years necessary to generate the amount of a one-half mill tax not	22577
offset by the local donated contribution. Notwithstanding	22578
anything to the contrary in section 3318.06, 3318.061, or 3318.361	22579
of the Revised Code, the rate determined by the commission shall	22580
be the rate for which the district board shall seek elector	22581
approval under those sections to meet its obligation under	22582
division (B) of section 3318.05 of the Revised Code. In the case	22583
of a complete offset of the district's obligation under division	22584
(B) of section 3318.05 of the Revised Code, the district shall not	22585
be required to levy the tax otherwise required under that section.	22586
At the end of the twenty-three-year period of the tax required	22587
under division (B) of section 3318.05 of the Revised Code, whether	22588
or not the tax is actually levied, the commission in consultation	22589
of the department of taxation shall recalculate the amount that	22590
would have been generated by the tax if it had been levied at	22591
one-half mill. If the total amount actually generated over that	22592
period from both the tax that was actually levied and any local	22593
donated contribution applied under division (A)(2) of this section	22594
is less than the amount that would have been raised by a one-half	22595
mill tax, the district shall pay any difference. If the total	22596
amount actually raised in such manner is greater than the amount	22597
that would have been raised by a one-half mill tax the difference	22598
shall be zero and no payments shall be made by either the district	22599
or the commission.	22600

(C) As used in this section, "local donated contribution"	22601
means either of the following:	22602

~~(A)~~(1) Any moneys irrevocably donated or granted to a school	22603
district board by a source other than the state which the board	22604
has the authority to apply to the school district's project under	22605
sections 3318.01 to 3318.20 of the Revised Code and which the	22606
board has pledged for that purpose by resolution adopted by a	22607
majority of its members;	22608

~~(B)~~(2) Any irrevocable letter of credit issued on behalf of	22609
a school district or any cash a school district has on hand,	22610
including any year-end operating fund balances, that can be spent	22611
for classroom facilities, either of which the school district	22612
board has encumbered for payment of the school district's share of	22613
its project under sections 3318.01 to 3318.20 of the Revised Code	22614
and either of which has been approved by the ~~Ohio school~~	22615
~~facilities~~ commission in consultation with the department of	22616
education.	22617

(D) No state moneys shall be released for a project to which	22618
this section applies until any local donated ~~local~~ contribution	22619
authorized under this section is first deposited into the school	22620
district's project construction fund, if applied under division	22621
(A)(1) of this section, or into the district's capital and	22622
maintenance fund if applied under division (A)(2) of this section.	22623

Sec. 3318.086. The construction budget for any project under	22624
sections 3318.01 to 3318.20 of the Revised Code shall contain a	22625
contingency reserve in an amount prescribed by the Ohio school	22626
facilities commission, which unless otherwise authorized by the	22627
commission, shall be used only to pay costs resulting from	22628
unforeseen job conditions, to comply with rulings regarding	22629
building and other codes, to pay costs related to design	22630
clarifications or corrections to contract documents, and to pay	22631
the costs of settlements or judgments related to the project.	22632

Sec. 3318.10. When such working drawings, specifications,	22633
and estimates of cost have been approved by the school district	22634
board and the Ohio school facilities commission, the treasurer of	22635
the school district board shall advertise for construction bids	22636
~~for the project once a week for three consecutive weeks in a~~	22637
~~newspaper published in and of general circulation in the county in~~	22638
~~which the project is located~~ in accordance with section 3313.46 of	22639
the Revised Code. Such notices shall state that plans and	22640
specifications for the project are on file in the office of the	22641
commission and such other place as may be designated in such	22642
notice, and the time and place when and where bids therefor will	22643
be received.	22644

The form of proposal to be submitted by bidders shall be	22645
supplied by the commission. Bidders may be permitted to bid upon	22646
all the branches of work and materials to be furnished and	22647
supplied, upon any branch thereof, or upon all or any thereof.	22648

~~A proposal shall be invalid and not considered unless it~~	22649
~~meets the requirements of section 153.54 of the Revised Code.~~	22650

When the construction bids for all branches of work and	22651
materials have been tabulated, the commission shall cause to be	22652
prepared a revised estimate of the basic project cost based upon	22653
the lowest responsible bids received. If such revised estimate	22654
exceeds the estimated basic project cost as approved by the	22655
controlling board pursuant to section 3318.04 of the Revised Code,	22656
no contracts may be entered into pursuant to this section unless	22657
such revised estimate is approved by the commission and by the	22658
controlling board referred to in section 3318.04 of the Revised	22659
Code. When such revised estimate has been prepared, and after	22660
such approvals are given, if necessary, and if the school district	22661
board has caused to be transferred to the project construction	22662
fund the proceeds from the sale of the first or first and final	22663
installment of its bonds or bond anticipation notes pursuant to	22664
the provision of written agreement required by division (B) of	22665
section 3318.08 of the Revised Code, and when the director of	22666
budget and management has certified that there is a balance in the	22667
appropriation, not otherwise obligated to pay precedent	22668
obligations, pursuant to which the state's share of such revised	22669
estimate is required to be paid, the contract for all branches of	22670
work and materials to be furnished and supplied, or for any branch	22671
thereof as determined by the school district board, shall be	22672
awarded by the school district board to the lowest responsible	22673
bidder subject to the approval of the commission. Such award	22674
shall be made within sixty days after the date on which the bids	22675
are opened, and the successful bidder shall enter into a contract	22676
within ten days after the successful bidder is notified of the	22677
award of the contract.	22678

Subject to the approval of the commission, the school	22679
district board may reject all bids and readvertise. Any contract	22680
made under this section shall be made in the name of the state and	22681
executed on its behalf by the president and treasurer of the	22682
school district board.	22683

The provisions of sections ~~153.50 to 153.99~~ 9.312 and 3313.46	22684
of the Revised Code, which are applicable to construction	22685
contracts of boards of education ~~and which permit bids to be made~~	22686
~~for two or more trades or kinds of work~~, shall apply to	22687
construction contracts for the project ~~to the exclusion of~~	22688
~~sections 153.01 to 153.20 of the Revised Code applicable to state~~	22689
~~construction contracts~~.	22690

The remedies afforded to any subcontractor, materials	22691
supplier, laborer, mechanic, or persons furnishing material or	22692
machinery for the project under sections 1311.26 to 1311.32 of the	22693
Revised Code, shall apply to contracts entered into under this	22694
section and the itemized statement required by section 1311.26 of	22695
the Revised Code shall be filed with the school district board.	22696

Sec. 3318.31. (A) The Ohio school facilities commission may	22697
perform any act and ensure the performance of any function	22698
necessary or appropriate to carry out the purposes of, and	22699
exercise the powers granted under, Chapter 3318. of the Revised	22700
Code, including any of the following:	22701

(1) ~~Employ and fix the compensation of such employees as will~~	22702
~~facilitate the activities and purposes of the commission, and who~~	22703
~~shall serve at the pleasure of the commission.~~	22704

~~(2)~~ Adopt, amend, and rescind, pursuant to section 111.15 of	22705
the Revised Code, rules for the administration of programs	22706
authorized under Chapter 3318. of the Revised Code.	22707

~~(3)~~(2) Contract with, retain the services of, or designate,	22708
and fix the compensation of, such agents, accountants,	22709
consultants, advisers, and other independent contractors as may be	22710
necessary or desirable to carry out the programs authorized under	22711
Chapter 3318. of the Revised Code.	22712

~~(4)~~(3) Receive and accept any gifts, grants, donations, and	22713
pledges, and receipts therefrom, to be used for the programs	22714
authorized under Chapter 3318. of the Revised Code.	22715

~~(5)~~(4) Make and enter into all contracts, commitments, and	22716
agreements, and execute all instruments, necessary or incidental	22717
to the performance of its duties and the execution of its rights	22718
and powers under Chapter 3318. of the Revised Code.	22719

(B) The commission shall appoint and fix the compensation of	22720
an executive director who shall serve at the pleasure of the	22721
commission. The executive director shall supervise the operations	22722
of the commission. The executive director also shall employ and	22723
fix the compensation of such employees as will facilitate the	22724
activities and purposes of the commission, who shall serve at the	22725
pleasure of the executive director.	22726

(C) The attorney general shall serve as the legal	22727
representative for the commission and may appoint other counsel as	22728
necessary for that purpose in accordance with section 109.07 of	22729
the Revised Code.	22730

Sec. 3318.36. (A) As used in this section:	22731

(1) "Ohio school facilities commission," "classroom	22732
facilities," "school district," "school district board," "net	22733
bonded indebtedness," "required percentage of the basic project	22734
costs," "basic project cost," "valuation," and "percentile" have	22735
the same meanings as in section 3318.01 of the Revised Code.	22736

(2) "Required level of indebtedness" means five per cent of	22737
the school district's valuation for the year preceding the year in	22738
which the commission and school district enter into an agreement	22739
under division (B) of this section, plus [two one-hundredths of	22740
one per cent multiplied by (the percentile in which the district	22741
ranks in the fiscal year the commission and the school district	22742
enter into such agreement minus one)].	22743

(3) "Local resources" means any moneys generated in any	22744
manner permitted for a school district board to raise the school	22745
district portion of a project undertaken with assistance under	22746
sections 3318.01 to 3318.20 of the Revised Code.	22747

(B)(1) There is hereby established the school building	22748
assistance expedited local partnership program. Under the	22749
program, the Ohio school facilities commission may enter into an	22750
agreement with the school district board of any school district	22751
under which the school district board may proceed with the new	22752
construction or major repairs of a part of the school district's	22753
classroom facilities needs, as determined under sections 3318.01	22754
to 3318.20 of the Revised Code, through the expenditure of local	22755
resources prior to the school district's eligibility for state	22756
assistance under sections 3318.01 to 3318.20 of the Revised Code	22757
and may apply that expenditure toward meeting the school	22758
district's portion of the basic project cost of the total of the	22759
school district's classroom facilities needs, as determined under	22760
sections 3318.01 to 3318.20 of the Revised Code and as	22761
recalculated under division (E) of this section, that are eligible	22762
for state assistance under sections 3318.01 to 3318.20 of the	22763
Revised Code when the school district becomes eligible for such	22764
state assistance. Any school district that is reasonably expected	22765
to receive assistance under sections 3318.01 to 3318.20 of the	22766
Revised Code within two fiscal years from the date the school	22767
district adopts its resolution under division (B) of this section	22768
shall not be eligible to participate in the program.	22769

(2) To participate in the program, a school district board	22770
shall first adopt a resolution certifying to the commission the	22771
board's intent to participate in the program.	22772

The resolution shall specify the approximate date that the	22773
board intends to seek elector approval of any bond or tax measures	22774
or to apply other local resources to use to pay the cost of	22775
classroom facilities to be constructed under this section. ~~The~~	22776
~~resolution shall not specify an election sooner than twelve months~~	22777
~~after the date the resolution is adopted by the board~~ The	22778
resolution may specify the application of local resources or	22779
elector-approved bond or tax measures after the resolution is	22780
adopted by the board, and in such case the board may proceed with	22781
a discrete portion of its project under this section as soon as	22782
the commission and the controlling board have approved the basic	22783
project cost of the district's classroom facilities needs as	22784
specified in division (D) of this section. The board shall submit	22785
its resolution to the commission not later than ten days after the	22786
date the resolution is adopted by the board.	22787

The commission shall not consider any resolution that is	22788
submitted pursuant to division (B)(2) of this section, as amended	22789
by this amendment, sooner than ~~the effective date of this~~	22790
~~amendment~~ September 14, 2000.	22791

(3) Any project under this section shall comply with section	22792
3318.03 of the Revised Code and with any specifications for plans	22793
and materials for classroom facilities adopted by the commission	22794
under section 3318.04 of the Revised Code.	22795

(4) If a school district that enters into an agreement under	22796
this section has not begun a project applying local resources as	22797
provided for under that agreement at the time the district is	22798
notified by the commission that it is eligible to receive state	22799
assistance under sections 3318.01 to 3318.20 of the Revised Code,	22800
all assessment and agreement documents entered into under this	22801
section are void.	22802

(5) Only construction of or repairs to classroom facilities	22803
that have been approved by the commission and have been therefore	22804
included as part of a district's basic project cost qualify for	22805
application of local resources under this section.	22806

(C) Based on the results of the on-site visits and	22807
assessment conducted under division (B)(2) of this section, the	22808
commission shall determine the basic project cost of the school	22809
district's classroom facilities needs. The commission shall	22810
determine the school district's portion of such basic project	22811
cost, which shall be the greater of:	22812

(1) The required percentage of the basic project costs,	22813
determined based on the school district's percentile ranking in	22814
the fiscal year the commission and the school district enter into	22815
the agreement under division (B) of this section;	22816

(2) An amount necessary to raise the school district's net	22817
bonded indebtedness, as of the fiscal year the commission and the	22818
school district enter into the agreement under division (B) of	22819
this section, to within five thousand dollars of the required	22820
level of indebtedness.	22821

(D)(1) When the commission determines the basic project cost	22822
of the classroom facilities needs of a school district and the	22823
school district's portion of that basic project cost under	22824
division (C) of this section, the project shall be conditionally	22825
approved. Such conditional approval shall be submitted to the	22826
controlling board for approval thereof. The controlling board	22827
shall forthwith approve or reject the commission's determination,	22828
conditional approval, and the amount of the state's portion of the	22829
basic project cost; however, no state funds shall be encumbered	22830
under this section. Upon approval by the controlling board, the	22831
school district board may identify a discrete part of its	22832
classroom facilities needs, which shall include only new	22833
construction of or additions or major repairs to a particular	22834
building, to address with local resources. Upon identifying a	22835
part of the school district's basic project cost to address with	22836
local resources, the school district board may allocate any	22837
available school district moneys to pay the cost of that	22838
identified part, including the proceeds of an issuance of bonds if	22839
approved by the electors of the school district.	22840

All local resources utilized under this division shall first	22841
be deposited in the project construction account required under	22842
section 3318.08 of the Revised Code.	22843

(2) Unless the school district board exercises its option	22844
under division (D)(3) of this section, for a school district to	22845
qualify for participation in the program authorized under this	22846
section, either:	22847

(a) The electors of the school district by a majority vote	22848
shall approve the levy of taxes outside the ten-mill limitation	22849
for a period of twenty-three years at the rate of not less than	22850
one-half mill for each dollar of valuation to be used to pay the	22851
cost of maintaining the classroom facilities included in the basic	22852
project cost as determined by the commission. The form of the	22853
ballot to be used to submit the question whether to approve the	22854
tax required under this division to the electors of the school	22855
district shall be the form for an additional levy of taxes	22856
prescribed in section 3318.361 of the Revised Code.	22857

(b) As authorized under division (C) of section 3318.05 of	22858
the Revised Code, the school district board shall earmark from the	22859
proceeds of a permanent improvement tax levied under section	22860
5705.21 of the Revised Code, an amount equivalent to the	22861
additional tax otherwise required under division (D)(2)(a) of this	22862
section for the maintenance of the classroom facilities included	22863
in the basic project cost as determined by the commission.	22864

(3) A school district board may opt to delay levying the	22865
additional tax required under division (D)(2)(a) of this section	22866
or earmarking of the proceeds of a permanent improvement tax	22867
alternatively required under division (D)(2)(b) of this section	22868
until such time as the school district becomes eligible for state	22869
assistance under sections 3318.01 to 3318.20 of the Revised Code.	22870
In order to exercise its option under this division, the board	22871
shall certify to the commission a resolution indicating the	22872
board's intent to do so prior to entering into an agreement under	22873
division (B) of this section.	22874

(4) If pursuant to division (D)(3) of this section a	22875
district board opts to delay levying an additional tax until the	22876
district becomes eligible for state assistance, it shall submit	22877
the question of levying that tax to the district electors as	22878
follows:	22879

(a) In accordance with section 3318.06 of the Revised Code	22880
if it will also be necessary pursuant to division (E) of this	22881
section to submit a proposal for approval of a bond issue;	22882

(b) In accordance with section 3318.361 of the Revised Code	22883
if it is not necessary to also submit a proposal for approval of a	22884
bond issue pursuant to division (E) of this section.	22885

(5) No state assistance under sections 3318.01 to 3318.20 of	22886
the Revised Code shall be released until a school district board	22887
that adopts and certifies a resolution under this division either	22888
has levied the additional tax or has earmarked the proceeds of a	22889
tax as specified in division (D) of this section.	22890

Any amount required for maintenance under division (D)(2) of	22891
this section shall be deposited into a separate fund as specified	22892
in division (B) of section 3318.05 of the Revised Code.	22893

(E)(1) If the school district becomes eligible for state	22894
assistance under sections 3318.01 to 3318.20 of the Revised Code	22895
based on its percentile ranking as determined under division (B)	22896
of this section, the commission shall conduct a new assessment of	22897
the school district's classroom facilities needs and shall	22898
recalculate the basic project cost based on this new assessment.	22899
The basic project cost recalculated under this division shall	22900
include the amount of expenditures made by the school district	22901
board under division (D)(1) of this section. The commission shall	22902
then recalculate the school district's portion of the new basic	22903
project cost, which shall be the percentage of the original basic	22904
project cost assigned to the school district as its portion under	22905
division (C) of this section. The commission shall deduct the	22906
expenditure of school district moneys made under division (D)(1)	22907
of this section from the school district's portion of the basic	22908
project cost as recalculated under this division. If the amount	22909
of school district resources applied by the school district board	22910
to the school district's portion of the basic project cost under	22911
this section is less than the total amount of such portion as	22912
recalculated under this division, the school district board by a	22913
majority vote of all of its members shall, if it desires to seek	22914
state assistance under sections 3318.01 to 3318.20 of the Revised	22915
Code, adopt a resolution as specified in section 3318.06 of the	22916
Revised Code to submit to the electors of the school district the	22917
question of approval of a bond issue in order to pay any	22918
additional amount of school district portion required for state	22919
assistance. Any tax levy approved under division (D) of this	22920
section satisfies the requirements to levy the additional tax	22921
under section 3318.06 of the Revised Code.	22922

(2) If the amount of school district resources applied by	22923
the school district board to the school district's portion of the	22924
basic project cost under this section is more than the total	22925
amount of such portion as recalculated under this division, within	22926
one year after the school district's portion is recalculated under	22927
division (E)(1) of this section the commission may grant to the	22928
school district the difference between the two calculated	22929
portions, but at no time shall the commission expend any state	22930
funds on a project in an amount greater than the state's portion	22931
of the basic project cost as recalculated under this division.	22932

Any reimbursement under this division shall be only for local	22933
resources the school district has applied toward construction cost	22934
expenditures for the classroom facilities approved by the	22935
commission, which shall not include any financing costs associated	22936
with that construction.	22937

The school district board shall use any moneys reimbursed to	22938
the district under this division to pay off any debt service the	22939
district owes for classroom facilities constructed under its	22940
project under this section before such moneys are applied to any	22941
other purpose.	22942

Sec. 3318.363. (A) This section applies only to a school	22943
district participating in the school building assistance expedited	22944
local partnership program under section 3318.36 of the Revised	22945
Code.	22946

(B) If there is a decrease in the tax valuation of a	22947
school district to which this section applies by ten per cent or	22948
greater from one tax year to the next due to a decrease in the	22949
assessment rate of the taxable property of an electric company	22950
that owns property in the district, as provided for in section	22951
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the	22952
123rd General Assembly, the Ohio school facilities commission	22953
shall calculate or recalculate the state and school district	22954
portions of the basic project cost of the school district's	22955
project by determining the percentile rank in which the district	22956
would be located if such ranking were made using the current year	22957
adjusted valuation per pupil, as calculated and reported to the	22958
commission by the department of education under division (A) of	22959
section 3318.011 of the Revised Code, rather than the three-year	22960
average adjusted valuation per pupil, calculated under division	22961
(B) of that section. For such district, the required percentage	22962
of the basic project cost used to determine the state and school	22963
district shares of that cost under division (C) of section 3318.36	22964
of the Revised Code shall be based on the percentile rank as	22965
calculated under this section rather than as otherwise provided in	22966
division (C)(1) of section 3318.36 of the Revised Code. If the	22967
commission has determined the state and school district portion of	22968
the basic project cost of such a district's project under section	22969
3318.36 of the Revised Code prior to that decrease in tax	22970
valuation, the commission shall adjust the state and school	22971
district shares of the basic project cost of such project in	22972
accordance with this section.	22973

Sec. 3318.50. (A) As used in this section and in section	22974
3318.52 of the Revised Code:	22975

(1) "Start-up community school" means a "new start-up	22976
school" as that term is defined in division (A) of section 3314.02	22977
of the Revised Code.	22978

(2) "Classroom facilities" has the same meaning as in	22979
section 3318.01 of the Revised Code.	22980

(B) There is hereby established the community school	22981
classroom facilities loan guarantee program. Under the program,	22982
the Ohio school facilities commission may guarantee for up to	22983
fifteen years any loan made to the governing authority of a	22984
start-up community school established under Chapter 3314. of the	22985
Revised Code for the sole purpose of assisting the governing board	22986
in acquiring classroom facilities for the community school by	22987
lease, purchase, remodeling of existing facilities, or any other	22988
means except by new construction.	22989

In considering an application for a loan guarantee, the	22990
commission shall apply all usual commercial lending standards to	22991
determine the creditworthiness of the members of the community	22992
school's governing authority. The commission shall not make any	22993
loan guarantee under this section unless the commission has	22994
determined that the members of the community school's governing	22995
authority are creditworthy, that the community school has the	22996
ability to repay the loan, and that the classroom facilities meet	22997
specifications established by the commission under section 3318.51	22998
of the Revised Code.	22999

The agreement between the commission and the governing	23000
authority of a community school for a loan guarantee under this	23001
section shall contain a stipulation holding all members of the	23002
governing authority at the time the agreement is executed jointly	23003
and severally liable in their personal capacity to the state for	23004
the amount of any payment made by the state to pay any default on	23005
a loan guaranteed by that agreement regardless of whether such	23006
members are still members of the governing authority at the time	23007
of the default. The agreement shall require each member of the	23008
governing authority to execute a bond or provide other means	23009
satisfactory to the commission to indemnify the state for any	23010
payment made by the state to pay any default on a loan guaranteed	23011
by the agreement.	23012

(C) At no time shall the commission exceed an aggregate	23013
liability of ten million dollars to repay loans guaranteed under	23014
this section.	23015

(D) Any payment made to a lending institution as a result of	23016
default on a loan guaranteed under this section shall be made from	23017
moneys in the community school classroom facilities loan guarantee	23018
fund established under section 3318.52 of the Revised Code.	23019

(E) The commission may assess a fee of up to five hundred	23020
dollars for each loan guaranteed under this section.	23021

Sec. 3318.51. Not later than nine months after the effective	23022
date of this section, the Ohio school facilities commission in	23023
consultation with the office of community school options	23024
established under section 3314.11 of the Revised Code shall	23025
develop specifications for classroom facilities for start-up	23026
community schools established under Chapter 3314. of the Revised	23027
Code.	23028

Sec. 3318.52. There is hereby established the community	23029
school classroom facilities loan guarantee fund. The fund shall	23030
consist of such moneys as the general assembly appropriates for	23031
the purpose of guaranteeing loans to community schools under	23032
section 3318.50 of the Revised Code. Investment earnings on	23033
moneys in the fund shall be credited to the fund.	23034

Sec. 3319.19. (A) ~~Upon~~ Except as provided in division (D) of	23035
this section or division (A)(2) of section 3313.37 of the Revised	23036
Code, upon request, the board of county commissioners shall	23037
provide and equip offices in the county for the use of the	23038
superintendent of an educational service center, and shall provide	23039
heat, light, water, and janitorial services for such offices. Such	23040
offices shall be the permanent headquarters of the superintendent	23041
and shall be used by the governing board of the service center	23042
when it is in session. Except as provided in division (B) of this	23043
section, such offices shall be located in the county seat or, upon	23044
the approval of the governing board, may be located outside of the	23045
county seat.	23046

(B) In the case of a service center formed under section	23047
3311.053 of the Revised Code, the governing board shall designate	23048
the site of its offices. ~~The~~ Except as provided in division (D) of	23049
this section or division (A)(2) of section 3313.37 of the Revised	23050
Code, the board of county commissioners of the county in which the	23051
designated site is located shall provide and equip the offices as	23052
under division (A) of this section, but the costs of such offices	23053
and equipment ~~not covered by funds received under section 307.031~~	23054
~~of the Revised Code~~ shall be apportioned among the boards of	23055
county commissioners of all counties having any territory in the	23056
area under the control of the governing board, according to the	23057
proportion of local school district pupils under the supervision	23058
of such board residing in the respective counties. Where there is	23059
a dispute as to the amount any board of county commissioners is	23060
required to pay, the probate judge of the county in which the	23061
greatest number of pupils under the supervision of the governing	23062
board reside shall apportion such costs among the boards of county	23063
commissioners and notify each such board of its share of the	23064
costs.	23065

(C) ~~By the first day of March of each year, the~~	23066
~~superintendent of public instruction shall certify to the tax~~	23067
~~commissioner the ADM and the number of full-time licensed~~	23068
~~employees of each educational service center for the purposes of~~	23069
~~the distribution of funds to boards of county commissioners~~	23070
~~required under division (B) of section 307.031 of the Revised~~	23071
~~Code. As used in this section, "ADM" means the formula ADMs of~~	23072
~~all the local districts having territory in the service center, as~~	23073
~~certified in October of the previous year by the service center~~	23074
~~superintendent to the state board of education under section~~	23075
~~3317.03 of the Revised Code. As used in this division, "licensed~~	23076
~~employee" has the same meaning as in section 307.031 of the~~	23077
~~Revised Code.~~	23078

~~(D) The superintendent of a service center may annually~~	23079
~~submit a proposal approved by the board of county commissioners to~~	23080
~~the state superintendent of public instruction, in such manner and~~	23081
~~by such date as specified by the state board of education, for a~~	23082
~~grant for the board of county commissioners to do one of the~~	23083
~~following:~~	23084

~~(1) To improve or enhance the offices and equipment provided~~	23085
~~under division (A) or (B) of this section or section 3301.0712 of~~	23086
~~the Revised Code;~~	23087

~~(2) If funds received under division (B) of section 307.031~~	23088
~~of the Revised Code are insufficient to provide for the actual~~	23089
~~cost of meeting the requirements of division (A) or (B) of section~~	23090
~~3319.19 and division (A)(2) of section 3301.0712 of the Revised~~	23091
~~Code, to provide funds to meet such costs.~~	23092

~~Any service center superintendent intending to submit a~~	23093
~~proposal shall submit it to the board of county commissioners that~~	23094
~~provides and equips the office of the superintendent for approval~~	23095
~~at least twenty days before the date of submission to the~~	23096
~~superintendent of public instruction. The superintendent of~~	23097
~~public instruction shall evaluate the proposals and select those~~	23098
~~that will most benefit the local districts supervised by the~~	23099
~~governing boards under standards adopted by the state board. For~~	23100
~~each proposal selected for a grant, the superintendent of public~~	23101
~~instruction shall determine the grant amount and, with the~~	23102
~~approval of the superintendent and the board of county~~	23103
~~commissioners, may modify a grant proposal to reflect the amount~~	23104
~~of money available for the grant. The superintendent of public~~	23105
~~instruction shall notify the board of county commissioners and the~~	23106
~~tax commissioner of the selection of the proposal as submitted or~~	23107
~~modified and the amount of the grant. If, pursuant to division~~	23108
~~(C) of section 307.031 of the Revised Code, the board of county~~	23109
~~commissioners accepts the proposal and grant, it shall expend the~~	23110
~~funds as specified in the grant proposal. If the board of county~~	23111
~~commissioners rejects the proposal and grant, the superintendent~~	23112
~~of public instruction may select another proposal from among the~~	23113
~~district proposals that initially failed to be selected for a~~	23114
~~grant.~~	23115

~~The state board of education shall adopt rules to implement~~	23116
~~the requirements of this section~~ Not later than the thirty-first	23117
day of March of 2002, 2003, 2004, and 2005 a board of county	23118
commissioners required to provide or equip offices pursuant to	23119
division (A) or (B) of this section shall make a written estimate	23120
of the total cost it will incur for the ensuing fiscal year to	23121
provide and equip the offices and to provide heat, light, water,	23122
and janitorial services for such offices. The total estimate of	23123
cost shall include:	23124

(1) The total square feet of space to be utilized by the	23125
educational service center;	23126

(2) The total square feet of any common areas that should	23127
be reasonably allocated to the center and the methodology for	23128
making this allocation;	23129

(3) The actual cost per square foot for both the space	23130
utilized by and the common area allocated to the center;	23131

(4) An explanation of the methodology used to determine the	23132
per square foot cost;	23133

(5) The estimated cost of providing heat, light, and	23134
water, including an explanation of how these costs were	23135
determined;	23136

(6) The estimated cost of providing janitorial services	23137
including an explanation of the methodology used to determine this	23138
cost;	23139

(7) Any other estimated costs that the board anticipates it	23140
will occur and a detailed explanation of the costs and the	23141
rationale used to determine such costs.	23142

A copy of the total estimate of costs under this division	23143
shall be sent to the superintendent of the educational service	23144
center not later than the fifth day of April. The superintendent	23145
shall review the total estimate and shall notify the board of	23146
county commissioners not later than twenty days after receipt of	23147
the estimate of either agreement with the estimate or any specific	23148
objections to the estimates and the reasons for the objections. If	23149
the superintendent agrees with the estimate, it shall become the	23150
final total estimate of cost. Failure of the superintendent to	23151
make objections to the estimate by the twentieth day after receipt	23152
of it shall be deemed to mean that the superintendent is in	23153
agreement with the estimate.	23154

If the superintendent provides specific objections to the	23155
board of county commissioners, the board shall review the	23156
objections and may modify the original estimate and shall send a	23157
revised total estimate to the superintendent within ten days after	23158
the receipt of the superintendent's objections. The	23159
superintendent shall respond to the revised estimate within ten	23160
days after its receipt. If the superintendent agrees with it, it	23161
shall become the final total estimated cost. If the	23162
superintendent fails to respond within the required time, the	23163
superintendent shall be deemed to have agreed with the revised	23164
estimate. If the superintendent disagrees with the revised	23165
estimate, the superintendent shall send specific objections to the	23166
county commissioners.	23167

If a superintendent has sent specific objections to the	23168
revised estimate within the required time, the probate judge of	23169
the county which has the greatest number of resident local school	23170
district pupils under the supervision of the educational service	23171
center shall determine the final estimated cost and certify this	23172
amount to the superintendent and the board of county commissioners	23173
prior to the first day of July.	23174

(D)(1) A board of county commissioners shall be responsible	23175
for the following percentages of the final total estimated cost	23176
established by division (C) of this section:	23177

(a) Eighty per cent for fiscal year 2003;

23178

(b) Sixty per cent for fiscal year 2004;

23179

23180

(d) Twenty per cent for fiscal year 2006.

23181

In fiscal years 2003, 2004, 2005, and 2006 the educational	23182
service center shall be responsible for the remainder of any costs	23183
in excess of the amounts specified in division (D)(1)(a),(b), or	23184
(c) of this section, as applicable, associated with the provision	23185
and equipment of offices for the educational service center and	23186
for provision of heat, light, water, and janitorial services for	23187
such offices, including any unanticipated or unexpected increases	23188
in the costs beyond the final estimated cost amount.	23189

Beginning in fiscal year 2007, no board of county	23190
commissioners shall have any obligation to provide and equip	23191
offices for an educational service center or to provide heat,	23192
light, water, or janitorial services for such offices.	23193

(2) Nothing in this section shall prohibit the board of	23194
county commissioners and the governing board of an educational	23195
service center from entering into a contract for providing and	23196
equipping offices for the use of an educational service center and	23197
for providing heat, light, water, and janitorial services for such	23198
offices. The term of any such contract shall not exceed a period	23199
of four years and may be renewed for additional periods not to	23200
exceed four years. Any such contract shall supersede the	23201
provisions of division (D)(1) of this section and no educational	23202
service center may be charged, at any time, any additional amount	23203
for the county's provision of an office and equipment, heat,	23204
light, water, and janitorial services beyond the amount specified	23205
in such contract.	23206

(3) No contract entered into under division (D)(2) of this	23207
section in any year prior to fiscal year 2007 between an	23208
educational service center formed under section 3311.053 of the	23209
Revised Code and the board of county commissioners required to	23210
provide and equip its office pursuant to division (B) of this	23211
section shall take effect unless the boards of county	23212
commissioners of all other counties required to participate in	23213
the funding for such offices pursuant to division (B) of this	23214
section adopt resolutions approving the contract.	23215

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	23216
"guardian," or "other person having charge or care of a child"	23217
means either parent unless the parents are separated or divorced	23218
or their marriage has been dissolved or annulled, in which case	23219
"parent" means the parent who is the residential parent and legal	23220
custodian of the child. If the child is in the legal or permanent	23221
custody of a person or government agency, "parent" means that	23222
person or government agency. When a child is a resident of a	23223
home, as defined in section 3313.64 of the Revised Code, and the	23224
child's parent is not a resident of this state, "parent,"	23225
"guardian," or "other person having charge or care of a child"	23226
means the head of the home.	23227

A child between six and eighteen years of age is "of	23228
compulsory school age" for the purpose of sections 3321.01 to	23229
3321.13 of the Revised Code. A child under six years of age who	23230
has been enrolled in kindergarten also shall be considered "of	23231
compulsory school age" for the purpose of sections 3321.01 to	23232
3321.13 of the Revised Code unless at any time the child's parent	23233
or guardian, at the parent's or guardian's discretion and in	23234
consultation with the child's teacher and principal, formally	23235
withdraws the child from kindergarten. The compulsory school age	23236
of a child shall not commence until the beginning of the term of	23237
such schools, or other time in the school year fixed by the rules	23238
of the board of the district in which the child resides.	23239

(2) No child shall be admitted to a kindergarten or a first	23240
grade of a public school in a district in which all children are	23241
admitted to kindergarten and the first grade in August or	23242
September unless the child is five or six years of age,	23243
respectively, by the thirtieth day of September of the year of	23244
admittance, or by the first day of a term or semester other than	23245
one beginning in August or September in school districts granting	23246
admittance at the beginning of such term or semester, except that	23247
in those school districts using or obtaining educationally	23248
accepted standardized testing programs for determining entrance,	23249
as approved by the board of education of such districts, the board	23250
shall admit a child to kindergarten or the first grade who fails	23251
to meet the age requirement, provided the child meets necessary	23252
standards as determined by such standardized testing programs. If	23253
the board of education has not established a standardized testing	23254
program, the board shall designate the necessary standards and a	23255
testing program it will accept for the purpose of admitting a	23256
child to kindergarten or first grade who fails to meet the age	23257
requirement. Each child who will be the proper age for entrance	23258
to kindergarten or first grade by the first day of January of the	23259
school year for which admission is requested shall be so tested	23260
upon the request of the child's parent.	23261

(3) Notwithstanding divisions (A)(2) and (D) of this	23262
section, beginning with the school year that starts in 2001 and	23263
continuing thereafter the board of education of any district may	23264
adopt a resolution establishing the first day of August in lieu of	23265
the thirtieth day of September as the required date by which	23266
students must have attained the age specified in those divisions.	23267

(B) As used in divisions (C) and (D) of this section,	23268
"successfully completed kindergarten" and "successful completion	23269
of kindergarten" mean that the child has completed the	23270
kindergarten requirements at one of the following:	23271

(1) A public or chartered nonpublic school;

23272

(2) A kindergarten class that is both of the following:

23273

(a) Offered by a day-care provider licensed under Chapter	23274
5104. of the Revised Code;	23275

(b) If offered after July 1, 1991, is directly taught by a	23276
teacher who holds one of the following:	23277

(i) A valid educator license issued under section 3319.22 of	23278
the Revised Code;	23279

(ii) A Montessori preprimary credential or age-appropriate	23280
diploma granted by the American Montessori society or the	23281
association Montessori internationale;	23282

(iii) Certification determined under division (G) of this	23283
section to be equivalent to that described in division	23284
(B)(2)(b)(ii) of this section;	23285

(iv) Certification for teachers in nontax-supported schools	23286
pursuant to section 3301.071 of the Revised Code.	23287

(C) Except as provided in division (D) of this section, no	23288
school district shall admit to the first grade any child who has	23289
not successfully completed kindergarten.	23290

(D) Upon request of a parent, the requirement of division	23291
(C) of this section may be waived by the district's pupil	23292
personnel services committee in the case of a child who is at	23293
least six years of age by the thirtieth day of September of the	23294
year of admittance and who demonstrates to the satisfaction of the	23295
committee the possession of the social, emotional, and cognitive	23296
skills necessary for first grade.	23297

The board of education of each city, local, and exempted	23298
village school district shall establish a pupil personnel services	23299
committee. The committee shall be composed of all of the	23300
following to the extent such personnel are either employed by the	23301
district or employed by the governing board of the educational	23302
service center within whose territory the district is located and	23303
the educational service center generally furnishes the services of	23304
such personnel to the district:	23305

(1) The director of pupil personnel services;

23306

(2) An elementary school counselor;

23307

(3) An elementary school principal;

23308

(4) A school psychologist;

23309

(5) A teacher assigned to teach first grade;

23310

(6) A gifted coordinator.

23311

The responsibilities of the pupil personnel services	23312
committee shall be limited to the issuing of waivers allowing	23313
admittance to the first grade without the successful completion of	23314
kindergarten. The committee shall have no other authority except	23315
as specified in this section.	23316

(E) The scheduling of times for kindergarten classes and	23317
length of the school day for kindergarten shall be determined by	23318
the board of education of a city, exempted village, or local	23319
school district.	23320

(F) Any kindergarten class offered by a day-care provider or	23321
school described by division (B)(1) or (B)(2)(a) of this section	23322
shall be developmentally appropriate.	23323

(G) Upon written request of a day-care provider described by	23324
division (B)(2)(a) of this section, the department of education	23325
shall determine whether certification held by a teacher employed	23326
by the provider meets the requirement of division (B)(2)(b)(iii)	23327
of this section and, if so, shall furnish the provider a statement	23328
to that effect.	23329

Sec. 3323.09. (A) As used in this section:

23330

(1) "Home" has the meaning given in section 3313.64 of the	23331
Revised Code;	23332

(2) "Preschool child" means a child who is at least age three	23333
but under age six on the thirtieth day of September of an academic	23334
year.	23335

(B) Each county MR/DD board shall establish special	23336
education programs for all handicapped children who in accordance	23337
with section 3323.04 of the Revised Code have been placed in	23338
special education programs operated by the county board and for	23339
preschool children who are developmentally delayed or at risk of	23340
being developmentally delayed. The board annually shall submit to	23341
the department of education a plan for the provision of these	23342
programs and, if applicable, a request for approval of units under	23343
section 3317.05 of the Revised Code. The superintendent of public	23344
instruction shall review the plan and approve or modify it in	23345
accordance with rules adopted by the state board of education	23346
under section 3301.07 of the Revised Code. The superintendent of	23347
public instruction shall compile the plans submitted by county	23348
boards and shall submit a comprehensive plan to the state board of	23349
education.	23350

A county MR/DD board may combine transportation for children	23351
enrolled in classes funded under section 3317.20 or units approved	23352
under section 3317.05 with transportation for children and adults	23353
enrolled in programs and services offered by the board under	23354
section 5126.12 of the Revised Code.	23355

(C) A county MR/DD board that during the school year	23356
provided special education pursuant to this section for any	23357
mentally handicapped child under twenty-two years of age shall	23358
prepare and submit the following reports and statements:	23359

(1) The board shall prepare a statement for each child who	23360
at the time of receiving such special education was a resident of	23361
a home and was not in the legal or permanent custody of an Ohio	23362
resident or a government agency in this state, and whose parents	23363
are not known to have been residents of this state subsequent to	23364
the child's birth. The statement shall contain the child's name,	23365
the name of ~~his~~ the child's school district of residence, the name	23366
of the county board providing the special education, and the	23367
number of months, including any fraction of a month, it was	23368
provided. Not later than the thirtieth day of June, the board	23369
shall forward a certified copy of such statement to both the	23370
director of mental retardation and developmental disabilities and	23371
to the home.	23372

Within thirty days after its receipt of a statement, the home	23373
shall pay tuition to the county board computed in the manner	23374
prescribed by section 3323.141 of the Revised Code.	23375

(2) The board shall prepare a report for each school	23376
district that is the school district of residence of one or more	23377
of such children for whom statements are not required by division	23378
(C)(1) of this section. The report shall contain the name of the	23379
county board providing special education, the name of each child	23380
receiving special education, the number of months, including	23381
fractions of a month, that he the child received it, and the name	23382
of the child's school district of residence. Not later than the	23383
thirtieth day of June, the board shall forward certified copies of	23384
each report to the school district named in the report, the	23385
superintendent of public instruction, and the director of mental	23386
retardation and developmental disabilities.	23387

Sec. 3323.091. (A) The department of mental health, the	23388
department of mental retardation and developmental disabilities,	23389
the department of youth services, and the department of	23390
rehabilitation and correction shall establish and maintain special	23391
education programs for handicapped children in institutions under	23392
their jurisdiction according to standards adopted by the state	23393
board of education. The superintendent of each institution	23394
providing special education under this chapter may apply to the	23395
state department of education for unit funding, which shall be	23396
paid in accordance with sections ~~3317.161~~ 3317.052 and ~~3317.162~~	23397
3317.053 of the Revised Code.	23398

(B) On or before the thirtieth day of June of each year, the	23399
superintendent of each institution that during the school year	23400
provided special education pursuant to this section shall prepare	23401
a statement for each handicapped child under twenty-two years of	23402
age who has received special education. The statement shall	23403
contain the child's name and the name of the child's school	23404
district of residence. Within sixty days after receipt of such	23405
statement, the department of education shall perform one of the	23406
following:	23407

(1) For any child except a handicapped preschool child	23408
described in division (B)(2) of this section, pay to the	23409
institution submitting the statement an amount equal to the	23410
tuition calculated under division (A) of section 3317.08 of the	23411
Revised Code for the period covered by the statement, and deduct	23412
the same from the amount of state funds, if any, payable under	23413
sections 3317.022 and 3317.023 of the Revised Code, to the child's	23414
school district of residence or, if the amount of such state funds	23415
is insufficient, require the child's school district of residence	23416
to pay the institution submitting the statement an amount equal to	23417
the amount determined under this division.	23418

(2) For any handicapped preschool child not included in a	23419
unit approved under division (B) of section 3317.05 of the Revised	23420
Code, perform the following:	23421

(a) Pay to the institution submitting the statement an	23422
amount equal to the tuition calculated under division (B) of	23423
section 3317.08 of the Revised Code for the period covered by the	23424
statement, except that in calculating the tuition under that	23425
section the operating expenses of the institution submitting the	23426
statement under this section shall be used instead of the	23427
operating expenses of the school district of residence;	23428

(b) Deduct from the amount of state funds, if any, payable	23429
under sections 3317.022 and 3317.023 of the Revised Code to the	23430
child's school district of residence an amount equal to the amount	23431
paid under division (B)(2)(a) of this section.	23432

Sec. 3327.10. (A) No person shall be employed as driver of	23433
a school bus or motor van, owned and operated by any school	23434
district or educational service center or privately owned and	23435
operated under contract with any school district or service center	23436
in this state, who has not received a certificate from the	23437
educational service center governing board in case such person is	23438
employed by a service center or by a local school district under	23439
the supervision of the service center governing board, or by the	23440
superintendent of schools, in case such person is employed by the	23441
board of a city or exempted village school district, certifying	23442
that such person is at least eighteen years of age and is of good	23443
moral character and is qualified physically and otherwise for such	23444
position. The service center governing board or the	23445
superintendent, as the case may be, shall provide for an annual	23446
physical examination that conforms with rules adopted by the state	23447
board of education of each driver to ascertain ~~his~~ the driver's	23448
physical fitness for such employment. Any certificate may be	23449
revoked by the authority granting the same on proof that the	23450
holder has been guilty of failing to comply with division (D)(1)	23451
of this section, or upon a conviction or a guilty plea for a	23452
violation, or any other action, that results in a loss or	23453
suspension of driving rights. Failure to comply with such	23454
division may be cause for disciplinary action or termination of	23455
employment under division (C) of section 3319.081, or section	23456
124.34 of the Revised Code.	23457

(B) No person shall be employed as driver of a school bus or	23458
motor van not subject to the rules of the department of education	23459
pursuant to division (A) of this section who has not received a	23460
certificate from the school administrator or contractor certifying	23461
that such person is at least eighteen years of age, is of good	23462
moral character, and is qualified physically and otherwise for	23463
such position. Each driver shall have an annual physical	23464
examination which conforms to the state highway patrol rules,	23465
ascertaining ~~his~~ the driver's physical fitness for such	23466
employment. ~~Any~~ The examination shall be performed by one of the	23467
following:	23468

(1) A person licensed under Chapter 4731. of the Revised Code	23469
or by another state to practice medicine and surgery or	23470
osteopathic medicine and surgery;	23471

(2) A registered nurse who holds a certificate of authority	23472
issued under Chapter 4723. of the Revised Code to practice as a	23473
certified nurse practitioner or clinical nurse specialist and is	23474
practicing pursuant to a standard care arrangement with a	23475
collaborating physician.	23476

Any certificate may be revoked by the authority granting the	23477
same on proof that the holder has been guilty of failing to comply	23478
with division (D)(2) of this section.	23479

(C) Any person who drives a school bus or motor van must	23480
give satisfactory and sufficient bond except a driver who is an	23481
employee of a school district and who drives a bus or motor van	23482
owned by the school district.	23483

(D) No person employed as driver of a school bus or motor	23484
van under this section who is convicted of a traffic violation or	23485
who has had ~~his~~ the person's commercial driver's license suspended	23486
or revoked shall drive a school bus or motor van until such person	23487
has filed a written notice of such conviction, suspension, or	23488
revocation as follows:	23489

(1) If he the person is employed under division (A) of this	23490
section, such notice shall be filed with the superintendent, or a	23491
person designated by the superintendent, of the school district	23492
for which such person drives a school bus or motor van as an	23493
employee or drives a privately owned and operated school bus or	23494
motor van under contract.	23495

(2) If employed under division (B) of this section, such	23496
notice shall be filed with the employing school administrator or	23497
contractor, or a person designated by the administrator or	23498
contractor.	23499

(E) In addition to resulting in possible revocation of a	23500
certificate as authorized by divisions (A) and (B) of this	23501
section, violation of division (D) of this section is a minor	23502
misdemeanor.	23503

Sec. 3333.02. The Ohio board of regents shall hold its first	23504
meeting at the call of the governor, within three months after all	23505
members have been appointed and qualified. Meetings thereafter	23506
shall be called in such manner and at such times as prescribed by	23507
rules adopted by the board, but the board shall meet at least four	23508
times annually. A majority of the board constitutes a quorum. At	23509
its first meeting, the board shall organize by selecting a	23510
~~chairman~~ chairperson, a ~~vice-chairman~~ vice-chairperson, and a	23511
secretary, and such other officers as it deems necessary. The	23512
board shall adopt rules for the conduct of its business, and to	23513
provide for the term and election of officers, and shall establish	23514
an office in Columbus. The rules shall permit the formation of a	23515
quorum and the taking of votes at meetings conducted by	23516
interactive video teleconference if provisions are made for public	23517
attendance at any location involved in such a teleconference.	23518

A record shall be kept of board proceedings, which shall be	23519
open for public inspection. The board shall adopt a seal to be	23520
affixed to official documents. Each member of the board, before	23521
entering on ~~his~~ official duties and after qualifying for office,	23522
shall take and subscribe to an oath of office, to uphold the	23523
constitution and laws of the United States and this state, and to	23524
perform the duties of ~~his~~ office honestly, faithfully, and	23525
impartially.	23526

Sec. 3333.03. (A) The Ohio board of regents shall appoint a	23527
chancellor to serve at its pleasure and shall prescribe ~~his~~ the	23528
chancellor's duties. The board shall fix the compensation for the	23529
chancellor ~~and for all other professional, administrative, and~~	23530
~~clerical employees necessary to assist the board and the~~	23531
~~chancellor in the performance of their duties~~.	23532

(B) The chancellor is the administrative officer of the	23533
board, and is responsible for appointing and fixing the	23534
compensation of all professional, administrative, and clerical	23535
employees and staff members~~, subject to board approval, who~~	23536
necessary to assist the board and the chancellor in the	23537
performance of their duties. All employees and staff shall serve	23538
under ~~his~~ the chancellor's direction and control. The chancellor	23539
shall be a person qualified by training and experience to	23540
understand the problems and needs of the state in the field of	23541
higher education and to devise programs, plans, and methods of	23542
solving the problems and meeting the needs.	23543

(C) Neither the chancellor nor any staff member or employee	23544
of the board shall be a trustee, officer, or employee of any	23545
public or private college or university while serving on the	23546
board.	23547

Sec. 3333.043. (A) As used in this section:

23548

(1) "Institution of higher education" means the state	23549
universities listed in section 3345.011 of the Revised Code,	23550
municipal educational institutions established under Chapter 3349.	23551
of the Revised Code, community colleges established under Chapter	23552
3354. of the Revised Code, university branches established under	23553
Chapter 3355. of the Revised Code, technical colleges established	23554
under Chapter 3357. of the Revised Code, state community colleges	23555
established under Chapter 3358. of the Revised Code, any	23556
institution of higher education with a certificate of registration	23557
from the state board of proprietary school registration, and any	23558
institution for which the Ohio board of regents receives a notice	23559
pursuant to division (C) of this section.	23560

(2) "Community service" has the same meaning as in section	23561
3313.605 of the Revised Code.	23562

(B)(1) The board of trustees or other governing entity of	23563
each institution of higher education shall encourage and promote	23564
participation of students in community service through a program	23565
appropriate to the mission, student population, and environment of	23566
each institution. The program may include, but not be limited to,	23567
providing information about community service opportunities during	23568
student orientation or in student publications; providing awards	23569
for exemplary community service; encouraging faculty members to	23570
incorporate community service into students' academic experiences	23571
wherever appropriate to the curriculum; encouraging recognized	23572
student organizations to undertake community service projects as	23573
part of their purposes; and establishing advisory committees of	23574
students, faculty members, and community and business leaders to	23575
develop cooperative programs that benefit the community and	23576
enhance student experience. The program shall be flexible in	23577
design so as to permit participation by the greatest possible	23578
number of students, including part-time students and students for	23579
whom participation may be difficult due to financial, academic,	23580
personal, or other considerations. The program shall emphasize	23581
community service opportunities that can most effectively use the	23582
skills of students, such as tutoring or literacy programs. The	23583
programs shall encourage students to perform services that will	23584
not supplant the hiring of, result in the displacement of, or	23585
impair any existing employment contracts of any particular	23586
employee of any private or governmental entity for which services	23587
are performed.	23588

(2) The Ohio board of regents shall encourage all	23589
institutions of higher education in the development of community	23590
service programs. With the assistance of the ~~state~~ Ohio community	23591
service ~~advisory committee~~ council created in section 121.40 of	23592
the Revised Code, the board of regents shall make available	23593
information about higher education community service programs to	23594
institutions of higher education and to statewide organizations	23595
involved with or promoting volunteerism, including information	23596
about model community service programs, teacher training courses,	23597
and community service curricula and teaching materials for	23598
possible use by institutions of higher education in their	23599
programs. The board shall encourage institutions of higher	23600
education to jointly coordinate higher education community service	23601
programs through consortia of institutions or other appropriate	23602
means of coordination.	23603

(C) The board of trustees of any nonprofit institution with	23604
a certificate of authorization issued by the Ohio board of regents	23605
pursuant to Chapter 1713. of the Revised Code may notify the board	23606
of regents that it is making itself subject to divisions (A) and	23607
(B) of this section. Upon receipt of such a notice, these	23608
divisions shall apply to that institution.	23609

Sec. 3333.12. (A) As used in this section:

23610

(1) "Eligible student" means an undergraduate student who is:

23611

(a) An Ohio resident;

23612

(b) Enrolled in either of the following:

23613

(i) An accredited institution of higher education in this	23614
state that meets the requirements of Title VI of the Civil Rights	23615
Act of 1964 and is state-assisted, is nonprofit and has a	23616
certificate of authorization from the Ohio board of regents	23617
pursuant to Chapter 1713. of the Revised Code, or has a	23618
certificate of registration from the state board of proprietary	23619
school registration and program authorization to award an	23620
associate or bachelor's degree. Students who attend an	23621
institution that holds a certificate of registration shall be	23622
enrolled in a program leading to an associate or bachelor's degree	23623
for which associate or bachelor's degree program the institution	23624
has program authorization issued under section 3332.05 of the	23625
Revised Code.	23626

(ii) A technical education program of at least two years	23627
duration sponsored by a private institution of higher education in	23628
this state that meets the requirements of Title VI of the Civil	23629
Rights Act of 1964.	23630

(c) Enrolled as a full-time student or enrolled as a less	23631
than full-time student for the term expected to be the student's	23632
final term of enrollment and is enrolled for the number of credit	23633
hours necessary to complete the requirements of the program in	23634
which the student is enrolled.	23635

(2) "Gross income" includes all taxable and nontaxable income	23636
of the parents, the student, and the student's spouse, except	23637
income derived from an Ohio academic scholarship, income earned by	23638
the student between the last day of the spring term and the first	23639
day of the fall term, and other income exclusions designated by	23640
the board. Gross income may be verified to the board by the	23641
institution in which the student is enrolled using the federal	23642
financial aid eligibility verification process or by other means	23643
satisfactory to the board.	23644

(3) "Resident," "full-time student," "dependent,"	23645
"financially independent," and "accredited" shall be defined by	23646
rules adopted by the board.	23647

(B) The Ohio board of regents shall establish and administer	23648
an instructional grant program and may adopt rules to carry out	23649
this section. The general assembly shall support the	23650
instructional grant program by such sums and in such manner as it	23651
may provide, but the board may also receive funds from other	23652
sources to support the program. If the amounts available for	23653
support of the program are inadequate to provide grants to all	23654
eligible students, preference in the payment of grants shall be	23655
given in terms of income, beginning with the lowest income	23656
category of gross income and proceeding upward by category to the	23657
highest gross income category.	23658

An instructional grant shall be paid to an eligible student	23659
through the institution in which the student is enrolled, except	23660
that no instructional grant shall be paid to any person serving a	23661
term of imprisonment. Applications for such grants shall be made	23662
as prescribed by the board, and such applications may be made in	23663
conjunction with and upon the basis of information provided in	23664
conjunction with student assistance programs funded by agencies of	23665
the United States government or from financial resources of the	23666
institution of higher education. The institution shall certify	23667
that the student applicant meets the requirements set forth in	23668
divisions (A)(1)(b) and (c) of this section. Instructional grants	23669
shall be provided to an eligible student only as long as the	23670
student is making appropriate progress toward a nursing diploma or	23671
an associate or bachelor's degree. No student shall be eligible	23672
to receive a grant for more than ten semesters, fifteen quarters,	23673
or the equivalent of five academic years. A grant made to an	23674
eligible student on the basis of less than full-time enrollment	23675
shall be based on the number of credit hours for which the student	23676
is enrolled and shall be computed in accordance with a formula	23677
adopted by the board. No student shall receive more than one	23678
grant on the basis of less than full-time enrollment.	23679

An instructional grant shall not exceed the total	23680
instructional and general charges of the institution.	23681

(C) The tables in this division prescribe the maximum grant	23682
amounts covering two semesters, three quarters, or a comparable	23683
portion of one academic year. Grant amounts for additional terms	23684
in the same academic year shall be determined under division (D)	23685
of this section.	23686

For a full-time student who is a dependent and enrolled in a	23687
nonprofit educational institution that is not a state-assisted	23688
institution and that has a certificate of authorization issued	23689
pursuant to Chapter 1713. of the Revised Code, the amount of the	23690
instructional grant for two semesters, three quarters, or a	23691
comparable portion of the academic year shall be determined in	23692
accordance with the following table:	23693

~~Table of Grants~~

23694

	~~Maximum Grant $4,872~~		23695
~~Gross Income~~	~~Number of Dependents~~		23696

~~5 or more~~

23697

~~Under $13,001~~

~~$4,872~~

23698

~~$13,001 - $14,000~~

~~4,386~~

~~4,872~~

23699

~~$14,001 - $15,000~~

~~3,888~~

~~4,386~~

~~4,872~~

23700

~~$15,001 - $16,000~~

~~3,408~~

~~3,888~~

~~4,386~~

~~4,872~~

23701

~~$16,001 - $17,000~~

~~2,928~~

~~3,408~~

~~3,888~~

~~4,386~~

~~4,872~~

23702

~~$17,001 - $20,000~~

~~2,442~~

~~2,928~~

~~3,408~~

~~3,888~~

~~4,386~~

23703

~~$20,001 - $23,000~~

~~1,944~~

~~2,442~~

~~2,928~~

~~3,408~~

~~3,888~~

23704

~~$23,001 - $26,000~~

~~1,452~~

~~1,944~~

~~2,442~~

~~2,928~~

~~3,408~~

23705

~~$26,001 - $29,000~~

~~1,200~~

~~1,452~~

~~1,944~~

~~2,442~~

~~2,928~~

23706

~~$29,001 - $30,000~~

~~966~~

~~1,200~~

~~1,452~~

~~1,944~~

~~2,442~~

23707

~~$30,001 - $31,000~~

~~882~~

~~966~~

~~1,200~~

~~1,452~~

~~1,944~~

23708

~~$31,001 - $32,000~~

~~792~~

~~882~~

~~966~~

~~1,200~~

~~1,452~~

23709

~~$32,001 - $33,000~~

~~396~~

~~792~~

~~882~~

~~966~~

~~1,200~~

23710

~~$33,001 - $34,000~~

~~-0-~~

~~396~~

~~792~~

~~882~~

~~966~~

23711

~~$34,001 - $35,000~~

~~-0-~~

~~396~~

~~792~~

~~882~~

23712

~~$35,001 - $36,000~~

~~-0-~~

~~396~~

~~792~~

23713

~~$36,001 - $37,000~~

~~-0-~~

~~396~~

23714

~~Over $37,000~~

~~-0-~~

23715

Private Institution

23716

Table of Grants

23717

	Maximum Grant $5,466		23718
Gross Income	Number of Dependents		23719

5 or more

23720

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	23721
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	23722
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	23723
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	23724
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	23725
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	23726
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	23727
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	23728
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	23729
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	23730
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	23731
$33,001 - $34,000	888	984	1,080	1,344	1,626	23732
$34,001 - $35,000	444	888	984	1,080	1,344	23733
$35,001 - $36,000	--	444	888	984	1,080	23734
$36,001 - $37,000	--	--	444	888	984	23735
$37,001 - $38,000	--	--	--	444	888	23736
$38,001 - $39,000	--	--	--	--	444	23737

For a full-time student who is financially independent and	23738
enrolled in a nonprofit educational institution that is not a	23739
state-assisted institution and that has a certificate of	23740
authorization issued pursuant to Chapter 1713. of the Revised	23741
Code, the amount of the instructional grant for two semesters,	23742
three quarters, or a comparable portion of the academic year shall	23743
be determined in accordance with the following table:	23744

~~Table of Grants~~

23745

	~~Maximum Grant $4,872~~		23746
~~Gross Income~~	~~Number of Dependents~~		23747

~~5 or more~~

23748

~~Under $4,201~~	~~$4,872~~	~~$4,872~~	~~$4,872~~	~~$4,872~~	~~$4,872~~	~~$4,872~~	23749
~~$4,201 - $4,800~~	~~4,386~~	~~4,872~~	~~4,872~~	~~4,872~~	~~4,872~~	~~4,872~~	23750
~~$4,801 - $5,300~~	~~3,888~~	~~4,386~~	~~4,872~~	~~4,872~~	~~4,872~~	~~4,872~~	23751
~~$5,301 - $5,800~~	~~3,408~~	~~3,888~~	~~4,386~~	~~4,872~~	~~4,872~~	~~4,872~~	23752
~~$5,801 - $6,300~~	~~2,928~~	~~3,408~~	~~3,888~~	~~4,386~~	~~4,872~~	~~4,872~~	23753
~~$6,301 - $6,800~~	~~2,442~~	~~2,928~~	~~3,408~~	~~3,888~~	~~4,386~~	~~4,872~~	23754
~~$6,801 - $7,800~~	~~1,944~~	~~2,442~~	~~2,928~~	~~3,408~~	~~3,888~~	~~4,386~~	23755
~~$7,801 - $8,800~~	~~1,452~~	~~1,944~~	~~2,442~~	~~2,928~~	~~3,408~~	~~3,888~~	23756
~~$8,801 - $9,800~~	~~1,200~~	~~1,452~~	~~1,944~~	~~2,442~~	~~2,928~~	~~3,408~~	23757
~~$9,801 - $11,300~~	~~966~~	~~1,200~~	~~1,452~~	~~1,944~~	~~2,442~~	~~2,928~~	23758
~~$11,301 - $12,800~~	~~882~~	~~966~~	~~1,200~~	~~1,452~~	~~1,944~~	~~2,442~~	23759
~~$12,801 - $14,300~~	~~792~~	~~882~~	~~966~~	~~1,200~~	~~1,452~~	~~1,944~~	23760
~~$14,301 - $15,800~~	~~396~~	~~792~~	~~882~~	~~966~~	~~1,200~~	~~1,452~~	23761
~~$15,801 - $18,800~~	~~-0-~~	~~396~~	~~792~~	~~882~~	~~966~~	~~1,200~~	23762
~~$18,801 - $21,800~~	~~-0-~~	~~-0-~~	~~396~~	~~792~~	~~882~~	~~966~~	23763
~~$21,801 - $24,800~~	~~-0-~~	~~-0-~~	~~-0-~~	~~396~~	~~792~~	~~882~~	23764
~~$24,801 - $29,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~396~~	~~792~~	23765
~~$29,501 - $34,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~396~~	23766
~~Over $34,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	23767

Private Institution

23768

Table of Grants

23769

	Maximum Grant $5,466		23770
Gross Income	Number of Dependents		23771

5 or more

23772

$0 - $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	23773
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	23774
$5,301 - $5,800	4,362	4,920	5,466	5,466	5,466	5,466	23775
$5,801 - $6,300	3,828	4,362	4,920	5,466	5,466	5,466	23776
$6,301 - $6,800	3,288	3,828	4,362	4,920	5,466	5,466	23777
$6,801 - $7,300	2,736	3,288	3,828	4,362	4,920	5,466	23778
$7,301 - $8,300	2,178	2,736	3,288	3,828	4,362	4,920	23779
$8,301 - $9,300	1,626	2,178	2,736	3,288	3,828	4,362	23780
$9,301 - $10,300	1,344	1,626	2,178	2,736	3,288	3,828	23781
$10,301 - $11,800	1,080	1,344	1,626	2,178	2,736	3,288	23782
$11,801 - $13,300	984	1,080	1,344	1,626	2,178	2,736	23783
$13,301 - $14,800	888	984	1,080	1,344	1,626	2,178	23784
$14,801 - $16,300	444	888	984	1,080	1,344	1,626	23785
$16,301 - $19,300	--	444	888	984	1,080	1,344	23786
$19,301 - $22,300	--	--	444	888	984	1,080	23787
$22,301 - $25,300	--	--	--	444	888	984	23788
$25,301 - $30,300	--	--	--	--	444	888	23789
$30,301 - $35,300	--	--	--	--	--	444	23790

For a full-time student who is a dependent and enrolled in an	23791
educational institution that holds a certificate of registration	23792
from the state board of proprietary school registration, the	23793
amount of the instructional grant for two semesters, three	23794
quarters, or a comparable portion of the academic year shall be	23795
determined in accordance with the following table:	23796

~~Table of Grants~~

23797

	~~Maximum Grant $4,128~~		23798
~~Gross Income~~	~~Number of Dependents~~		23799

~~5 or more~~

23800

~~Under $13,001~~

~~$4,128~~

23801

~~$13,001 - $14,000~~

~~3,726~~

~~4,128~~

23802

~~$14,001 - $15,000~~

~~3,288~~

~~3,726~~

~~4,128~~

23803

~~$15,001 - $16,000~~

~~2,874~~

~~3,288~~

~~3,726~~

~~4,128~~

23804

~~$16,001 - $17,000~~

~~2,490~~

~~2,874~~

~~3,288~~

~~3,726~~

~~4,128~~

23805

~~$17,001 - $20,000~~

~~2,046~~

~~2,490~~

~~2,874~~

~~3,288~~

~~3,726~~

23806

~~$20,001 - $23,000~~

~~1,656~~

~~2,046~~

~~2,490~~

~~2,874~~

~~3,288~~

23807

~~$23,001 - $26,000~~

~~1,266~~

~~1,656~~

~~2,046~~

~~2,490~~

~~2,874~~

23808

~~$26,001 - $29,000~~

~~1,014~~

~~1,266~~

~~1,656~~

~~2,046~~

~~2,490~~

23809

~~$29,001 - $30,000~~

~~810~~

~~1,014~~

~~1,266~~

~~1,656~~

~~2,046~~

23810

~~$30,001 - $31,000~~

~~762~~

~~810~~

~~1,014~~

~~1,266~~

~~1,656~~

23811

~~$31,001 - $32,000~~

~~672~~

~~762~~

~~810~~

~~1,014~~

~~1,266~~

23812

~~$32,001 - $33,000~~

~~336~~

~~672~~

~~762~~

~~810~~

~~1,014~~

23813

~~$33,001 - $34,000~~

~~-0-~~

~~336~~

~~672~~

~~762~~

~~810~~

23814

~~$34,001 - $35,000~~

~~-0-~~

~~336~~

~~672~~

~~762~~

23815

~~$35,001 - $36,000~~

~~-0-~~

~~336~~

~~672~~

23816

~~$36,001 - $37,000~~

~~-0-~~

~~336~~

23817

~~Over $37,000~~

~~-0-~~

23818

Proprietary Institution

23819

Table of Grants

23820

	Maximum Grant $4,632		23821
Gross Income	Number of Dependents		23822

5 or more

23823

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	23824
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	23825
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	23826
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	23827
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	23828
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	23829
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	23830
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	23831
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	23832
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	23833
$32,001 - $33,000	852	906	1,134	1,416	1,854	23834
$33,001 - $34,000	750	852	906	1,134	1,416	23835
$34,001 - $35,000	372	750	852	906	1,134	23836
$35,001 - $36,000	--	372	750	852	906	23837
$36,001 - $37,000	--	--	372	750	852	23838
$37,001 - $38,000	--	--	--	372	750	23839
$38,001 - $39,000	--	--	--	--	372	23840

For a full-time student who is financially independent and	23841
enrolled in an educational institution that holds a certificate of	23842
registration from the state board of proprietary school	23843
registration, the amount of the instructional grant for two	23844
semesters, three quarters, or a comparable portion of the academic	23845
year shall be determined in accordance with the following table:	23846

~~Table of Grants~~

23847

	~~Maximum Grant $4,128~~		23848
~~Gross Income~~	~~Number of Dependents~~		23849

~~5 or more~~

23850

~~Under $4,201~~	~~$4,128~~	~~$4,128~~	~~$4,128~~	~~$4,128~~	~~$4,128~~	~~$4,128~~	23851
~~$4,201 - $4,800~~	~~3,726~~	~~4,128~~	~~4,128~~	~~4,128~~	~~4,128~~	~~4,128~~	23852
~~$4,801 - $5,300~~	~~3,288~~	~~3,726~~	~~4,128~~	~~4,128~~	~~4,128~~	~~4,128~~	23853
~~$5,301 - $5,800~~	~~2,874~~	~~3,288~~	~~3,726~~	~~4,128~~	~~4,128~~	~~4,128~~	23854
~~$5,801 - $6,300~~	~~2,490~~	~~2,874~~	~~3,288~~	~~3,726~~	~~4,128~~	~~4,128~~	23855
~~$6,301 - $6,800~~	~~2,046~~	~~2,490~~	~~2,874~~	~~3,288~~	~~3,726~~	~~4,128~~	23856
~~$6,801 - $7,800~~	~~1,656~~	~~2,046~~	~~2,490~~	~~2,874~~	~~3,288~~	~~3,726~~	23857
~~$7,801 - $8,800~~	~~1,266~~	~~1,656~~	~~2,046~~	~~2,490~~	~~2,874~~	~~3,288~~	23858
~~$8,801 - $9,800~~	~~1,014~~	~~1,266~~	~~1,656~~	~~2,046~~	~~2,490~~	~~2,874~~	23859
~~$9,801 - $11,300~~	~~810~~	~~1,014~~	~~1,266~~	~~1,656~~	~~2,046~~	~~2,490~~	23860
~~$11,301 - $12,800~~	~~762~~	~~810~~	~~1,014~~	~~1,266~~	~~1,656~~	~~2,046~~	23861
~~$12,801 - $14,300~~	~~672~~	~~762~~	~~810~~	~~1,014~~	~~1,266~~	~~1,656~~	23862
~~$14,301 - $15,800~~	~~336~~	~~672~~	~~762~~	~~810~~	~~1,014~~	~~1,266~~	23863
~~$15,801 - $18,800~~	~~-0-~~	~~336~~	~~672~~	~~762~~	~~810~~	~~1,014~~	23864
~~$18,801 - $21,800~~	~~-0-~~	~~-0-~~	~~336~~	~~672~~	~~762~~	~~810~~	23865
~~$21,801 - $24,800~~	~~-0-~~	~~-0-~~	~~-0-~~	~~336~~	~~672~~	~~762~~	23866
~~$24,801 - $29,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~336~~	~~672~~	23867
~~$29,501 - $34,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~336~~	23868
~~Over $34,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	23869

Proprietary Institution

23870

Table of Grants

23871

	Maximum Grant $4,632		23872
Gross Income	Number of Dependents		23873

5 or more

23874

$0 - $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	23875
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	23876
$5,301 - $5,800	3,684	4,182	4,632	4,632	4,632	4,632	23877
$5,801 - $6,300	3,222	3,684	4,182	4,632	4,632	4,632	23878
$6,301 - $6,800	2,790	3,222	3,684	4,182	4,632	4,632	23879
$6,801 - $7,300	2,292	2,790	3,222	3,684	4,182	4,632	23880
$7,301 - $8,300	1,854	2,292	2,790	3,222	3,684	4,182	23881
$8,301 - $9,300	1,416	1,854	2,292	2,790	3,222	3,684	23882
$9,301 - $10,300	1,134	1,416	1,854	2,292	2,790	3,222	23883
$10,301 - $11,800	906	1,134	1,416	1,854	2,292	2,790	23884
$11,801 - $13,300	852	906	1,134	1,416	1,854	2,292	23885
$13,301 - $14,800	750	852	906	1,134	1,416	1,854	23886
$14,801 - $16,300	372	750	852	906	1,134	1,416	23887
$16,301 - $19,300	--	372	750	852	906	1,134	23888
$19,301 - $22,300	--	--	372	750	852	906	23889
$22,301 - $25,300	--	--	--	372	750	852	23890
$25,301 - $30,300	--	--	--	--	372	750	23891
$30,301 - $35,300	--	--	--	--	--	372	23892

For a full-time student who is a dependent and enrolled in a	23893
state-assisted educational institution, the amount of the	23894
instructional grant for two semesters, three quarters, or a	23895
comparable portion of the academic year shall be determined in	23896
accordance with the following table:	23897

	~~Maximum Grant $1,956~~		23898
~~Gross Income~~	~~Number of Dependents~~		23899

~~Table of Grants~~

23900

~~5 or more~~

23901

~~Under $13,001~~

~~$1,956~~

23902

~~$13,001 - $14,000~~

~~1,764~~

~~1,956~~

23903

~~$14,001 - $15,000~~

~~1,554~~

~~1,764~~

~~1,956~~

23904

~~$15,001 - $16,000~~

~~1,380~~

~~1,554~~

~~1,764~~

~~1,956~~

23905

~~$16,001 - $17,000~~

~~1,182~~

~~1,380~~

~~1,554~~

~~1,764~~

~~1,956~~

23906

~~$17,001 - $20,000~~

~~966~~

~~1,182~~

~~1,380~~

~~1,554~~

~~1,764~~

23907

~~$20,001 - $23,000~~

~~774~~

~~966~~

~~1,182~~

~~1,380~~

~~1,554~~

23908

~~$23,001 - $26,000~~

~~582~~

~~774~~

~~966~~

~~1,182~~

~~1,380~~

23909

~~$26,001 - $29,000~~

~~468~~

~~582~~

~~774~~

~~966~~

~~1,182~~

23910

~~$29,001 - $30,000~~

~~378~~

~~468~~

~~582~~

~~774~~

~~966~~

23911

~~$30,001 - $31,000~~

~~348~~

~~378~~

~~468~~

~~582~~

~~774~~

23912

~~$31,001 - $32,000~~

~~318~~

~~348~~

~~378~~

~~468~~

~~582~~

23913

~~$32,001 - $33,000~~

~~162~~

~~318~~

~~348~~

~~378~~

~~468~~

23914

~~$33,001 - $34,000~~

~~-0-~~

~~162~~

~~318~~

~~348~~

~~378~~

23915

~~$34,001 - $35,000~~

~~-0-~~

~~162~~

~~318~~

~~348~~

23916

~~$35,001 - $36,000~~

~~-0-~~

~~162~~

~~318~~

23917

~~$36,001 - $37,000~~

~~-0-~~

~~162~~

23918

~~Over $37,000~~

~~-0-~~

23919

Public Institution

23920

Table of Grants

23921

	Maximum Grant $2,190		23922
Gross Income	Number of Dependents		23923

5 or more

23924

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	23925
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	23926
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	23927
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	23928
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	23929
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	23930
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	23931
$25,001 - $28,000	648	864	1,080	1,320	1,542	23932
$28,001 - $31,000	522	648	864	1,080	1,320	23933
$31,001 - $32,000	420	522	648	864	1,080	23934
$32,001 - $33,000	384	420	522	648	864	23935
$33,001 - $34,000	354	384	420	522	648	23936
$34,001 - $35,000	174	354	384	420	522	23937
$35,001 - $36,000	--	174	354	384	420	23938
$36,001 - $37,000	--	--	174	354	384	23939
$37,001 - $38,000	--	--	--	174	354	23940
$38,001 - $39,000	--	--	--	--	174	23941

For a full-time student who is financially independent and	23942
enrolled in a state-assisted educational institution, the amount	23943
of the instructional grant for two semesters, three quarters, or a	23944
comparable portion of the academic year shall be determined in	23945
accordance with the following table:	23946

~~Table of Grants~~

23947

	~~Maximum Grant $1,956~~		23948
~~Gross Income~~	~~Number of Dependents~~		23949

~~5 or more~~

23950

~~Under $4,201~~	~~$1,956~~	~~$1,956~~	~~$1,956~~	~~$1,956~~	~~$1,956~~	~~$1,956~~	23951
~~4,201 - $4,800~~	~~1,764~~	~~1,956~~	~~1,956~~	~~1,956~~	~~1,956~~	~~1,956~~	23952
~~$4,801 - $5,300~~	~~1,554~~	~~1,764~~	~~1,956~~	~~1,956~~	~~1,956~~	~~1,956~~	23953
~~$5,301 - $5,800~~	~~1,380~~	~~1,554~~	~~1,764~~	~~1,956~~	~~1,956~~	~~1,956~~	23954
~~$5,801 - $6,300~~	~~1,182~~	~~1,380~~	~~1,554~~	~~1,764~~	~~1,956~~	~~1,956~~	23955
~~$6,301 - $6,800~~	~~966~~	~~1,182~~	~~1,380~~	~~1,554~~	~~1,764~~	~~1,956~~	23956
~~$6,801 - $7,800~~	~~774~~	~~966~~	~~1,182~~	~~1,380~~	~~1,554~~	~~1,764~~	23957
~~$7,801 - $8,800~~	~~582~~	~~774~~	~~966~~	~~1,182~~	~~1,380~~	~~1,554~~	23958
~~$8,801 - $9,800~~	~~468~~	~~582~~	~~774~~	~~966~~	~~1,182~~	~~1,380~~	23959
~~$9,801 - $11,300~~	~~378~~	~~468~~	~~582~~	~~774~~	~~966~~	~~1,182~~	23960
~~$11,301 - $12,800~~	~~348~~	~~378~~	~~468~~	~~582~~	~~774~~	~~966~~	23961
~~$12,801 - $14,300~~	~~318~~	~~348~~	~~378~~	~~468~~	~~582~~	~~774~~	23962
~~$14,301 - $15,800~~	~~162~~	~~318~~	~~348~~	~~378~~	~~468~~	~~582~~	23963
~~$15,801 - $18,800~~	~~-0-~~	~~162~~	~~318~~	~~348~~	~~378~~	~~468~~	23964
~~$18,801 - $21,800~~	~~-0-~~	~~-0-~~	~~162~~	~~318~~	~~348~~	~~378~~	23965
~~$21,801 - $24,800~~	~~-0-~~	~~-0-~~	~~-0-~~	~~162~~	~~318~~	~~348~~	23966
~~$24,801 - $29,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~162~~	~~318~~	23967
~~$29,501 - $34,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~162~~	23968
~~Over $34,500~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	~~-0-~~	23969

Public Institution

23970

Table of Grants

23971

	Maximum Grant $2,190		23972
Gross Income	Number of Dependents		23973

5 or more

23974

$0 - $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	23975
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	23976
$5,301 - $5,800	1,740	1,974	2,190	2,190	2,190	2,190	23977
$5,801 - $6,300	1,542	1,740	1,974	2,190	2,190	2,190	23978
$6,301 - $6,800	1,320	1,542	1,740	1,974	2,190	2,190	23979
$6,801 - $7,300	1,080	1,320	1,542	1,740	1,974	2,190	23980
$7,301 - $8,300	864	1,080	1,320	1,542	1,740	1,974	23981
$8,301 - $9,300	648	864	1,080	1,320	1,542	1,740	23982
$9,301 - $10,300	522	648	864	1,080	1,320	1,542	23983
$10,301 - $11,800	420	522	648	864	1,080	1,320	23984
$11,801 - $13,300	384	420	522	648	864	1,080	23985
$13,301 - $14,800	354	384	420	522	648	864	23986
$14,801 - $16,300	174	354	384	420	522	648	23987
$16,301 - $19,300	--	174	354	384	420	522	23988
$19,301 - $22,300	--	--	174	354	384	420	23989
$22,301 - $25,300	--	--	--	174	354	384	23990
$25,301 - $30,300	--	--	--	--	174	354	23991
$30,301 - $35,300	--	--	--	--	--	174	23992

(D) For a full-time student enrolled in an eligible	23993
institution for a semester or quarter in addition to the portion	23994
of the academic year covered by a grant determined under division	23995
(C) of this section, the maximum grant amount shall be a	23996
percentage of the maximum prescribed in the applicable table of	23997
that division. The maximum grant for a fourth quarter shall be	23998
one-third of the maximum amount prescribed under that division.	23999
The maximum grant for a third semester shall be one-half of the	24000
maximum amount prescribed under that division.	24001

(E) No grant shall be made to any student in a course of	24002
study in theology, religion, or other field of preparation for a	24003
religious profession unless such course of study leads to an	24004
accredited bachelor of arts, bachelor of science, associate of	24005
arts, or associate of science degree.	24006

(F)(1) Except as provided in division (F)(2) of this	24007
section, no grant shall be made to any student for enrollment	24008
during a fiscal year in an institution with a cohort default rate	24009
determined by the United States secretary of education pursuant to	24010
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	24011
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	24012
preceding the fiscal year, equal to or greater than thirty per	24013
cent for each of the preceding two fiscal years.	24014

(2) Division (F)(1) of this section does not apply to the	24015
following:	24016

(a) Any student enrolled in an institution that under the	24017
federal law appeals its loss of eligibility for federal financial	24018
aid and the United States secretary of education determines its	24019
cohort default rate after recalculation is lower than the rate	24020
specified in division (F)(1) of this section or the secretary	24021
determines due to mitigating circumstances the institution may	24022
continue to participate in federal financial aid programs. The	24023
board shall adopt rules requiring institutions to provide	24024
information regarding an appeal to the board.	24025

(b) Any student who has previously received a grant under	24026
this section who meets all other requirements of this section.	24027

(3) The board shall adopt rules for the notification of all	24028
institutions whose students will be ineligible to participate in	24029
the grant program pursuant to division (F)(1) of this section.	24030

(4) A student's attendance at an institution whose students	24031
lose eligibility for grants under division (F)(1) of this section	24032
shall not affect that student's eligibility to receive a grant	24033
when enrolled in another institution.	24034

(G) Institutions of higher education that enroll students	24035
receiving instructional grants under this section shall report to	24036
the board all students who have received instructional grants but	24037
are no longer eligible for all or part of such grants and shall	24038
refund any moneys due the state within thirty days after the	24039
beginning of the quarter or term immediately following the quarter	24040
or term in which the student was no longer eligible to receive all	24041
or part of the student's grant. There shall be an interest charge	24042
of one per cent per month on all moneys due and payable after such	24043
thirty-day period. The board shall immediately notify the office	24044
of budget and management and the legislative budget office of the	24045
legislative service commission of all refunds so received.	24046

Sec. 3333.13. (A) Money appropriated ~~to state supported and~~	24047
~~state assisted institutions of higher education and~~ to the Ohio	24048
board of regents for the purposes of this division shall be paid	24049
at the times and in the amounts necessary to meet all payments	24050
required to be made ~~by such institutions and~~ by the board to the	24051
Ohio public facilities commission ~~or treasurer of state~~ pursuant	24052
to leases or agreements made ~~by them~~ under division (B) of section	24053
154.21 of the Revised Code, as certified under division (C) of	24054
this section, including supplements to such certifications.	24055

(B) ~~Each such institution of higher education and the~~ The	24056
board shall include in its estimate of proposed expenses submitted	24057
pursuant to section 126.02 of the Revised Code the estimated	24058
amounts of all such payments to be made by it. The board shall	24059
include the estimated amounts of all such payments to be made by	24060
~~each such institution and of such payments to be made~~ by it in	24061
recommendations for appropriation required by division (J) of	24062
section 3333.04 of the Revised Code. The director of budget and	24063
management shall include in the state budget estimates provided	24064
for in section 126.02 of the Revised Code the estimated amount of	24065
all such payments to be made during the next biennium, and this	24066
amount shall be included in the state budget to be submitted by	24067
the governor to the general assembly pursuant to section 107.03 of	24068
the Revised Code.	24069

(C) On the first day of July of each year, or as soon	24070
thereafter as is practicable, the chancellor or a vice-chancellor	24071
of the board shall certify to the director the payments contracted	24072
to be made, during the period of the then current appropriations	24073
made for the purposes of division (A) of this section, to the	24074
commission ~~or treasurer of state~~ ~~by each state supported and state~~	24075
~~assisted institution of higher education and~~ by the board pursuant	24076
to leases and agreements made under division (B) of section 154.21	24077
of the Revised Code. The certification shall state the amounts	24078
and dates of payment required therefor ~~as to each such institution~~	24079
~~of higher education and the board,~~ and the amounts to be credited	24080
pursuant to such leases and agreements to the higher education	24081
bond service trust fund and other special funds established	24082
pursuant to Chapter 154. of the Revised Code. If the director	24083
finds such certification to be correct, the director shall	24084
promptly add the director's certification thereto and submit it to	24085
the treasurer of state. Such annual certification shall be	24086
supplemented in similar manner upon the execution of each new	24087
lease or agreement, any supplement to an existing lease or	24088
agreement, or any amendment thereof, affecting the amounts of	24089
those payments.	24090

Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the	24091
Revised Code, "term" and "academic year" mean "term" and "academic	24092
year" as defined by the Ohio board of regents.	24093

The board shall establish and administer an academic	24094
scholarship program. Under the program, a total of one thousand	24095
new scholarships shall be awarded annually in the amount of not	24096
less than two thousand dollars per award. At least one such new	24097
scholarship shall be awarded annually to a student in each public	24098
high school and joint vocational school and each nonpublic high	24099
school for which the state board of education prescribes minimum	24100
standards in accordance with section 3301.07 of the Revised Code.	24101

To be eligible for the award of a scholarship, a student	24102
shall be a resident of Ohio and shall be enrolled as a full-time	24103
undergraduate student in an Ohio institution of higher education	24104
that meets the requirements of Title VI of the "Civil Rights Act	24105
of 1964" and is state-assisted, is nonprofit and holds a	24106
certificate of authorization issued under section 1713.02 of the	24107
Revised Code, or holds a certificate of registration and program	24108
authorization issued under section 3332.05 of the Revised Code and	24109
awards an associate or bachelor's degree. Students who attend an	24110
institution holding a certificate of registration shall be	24111
enrolled in a program leading to an associate or bachelor's degree	24112
for which associate or bachelor's degree program the institution	24113
has program authorization to offer the program issued under	24114
section 3332.05 of the Revised Code.	24115

"Resident" and "full-time student" shall be defined by board	24116
rule.	24117

The board shall award the scholarships on the basis of a	24118
formula designed by it to identify students with the highest	24119
capability for successful college study. The formula shall weigh	24120
the factor of achievement, as measured by grade point average, and	24121
the factor of ability, as measured by performance on a competitive	24122
examination specified by the board. Students receiving	24123
scholarships shall be known as "Ohio academic scholars." Annually,	24124
not later than the thirty-first day of July, the board shall	24125
report to the governor and the general assembly on the performance	24126
of current Ohio academic scholars and the effectiveness of its	24127
formula.	24128

Sec. 3333.22. Each Ohio academic scholarship shall be	24129
awarded for an academic year and may be renewed for each of three	24130
additional academic years. The scholarship amount awarded to a	24131
scholar for an academic year shall be not less than two thousand	24132
dollars. A scholarship shall be renewed if the scholar maintains	24133
an academic record satisfactory to the Ohio board of regents and	24134
meets any of the following conditions:	24135

(A) The scholar is enrolled as a full-time undergraduate;

24136

(B) The scholar was awarded an undergraduate degree in less	24137
than four academic years and is enrolled as a full-time graduate	24138
or professional student in an Ohio institution of higher education	24139
that meets the requirements of Title VI of the "Civil Rights Act	24140
of 1964" and is state-assisted or is nonprofit and holds a	24141
certificate of authorization issued under section 1713.02 of the	24142
Revised Code;	24143

(C) The scholar is a full-time student concurrently enrolled	24144
as an undergraduate student and as a graduate or professional	24145
student in an Ohio institution of higher education that meets the	24146
requirements of division (B) of this section.	24147

Each amount awarded shall be paid in equal installments to	24148
the scholar at the time of enrollment for each term of the	24149
academic year for which the scholarship is awarded or renewed. No	24150
scholar is eligible to receive an Ohio academic scholarship for	24151
more than the equivalent of four academic years.	24152

If an Ohio academic scholar is temporarily unable to attend	24153
school because of illness or other cause satisfactory to the	24154
board, the board may grant a leave of absence for a designated	24155
period of time. If a scholar discontinues full-time attendance at	24156
the scholar's school during a term because of illness or other	24157
cause satisfactory to the board, the scholar may either claim a	24158
prorated payment for the period of actual attendance or waive	24159
payment for that term. A term for which prorated payment is made	24160
shall be considered a full term for which a scholarship was	24161
received. A term for which payment is waived shall not be	24162
considered a term for which a scholarship was received.	24163

Receipt of an Ohio academic scholarship shall not affect a	24164
scholar's eligibility for the Ohio instructional grant program.	24165

Sec. 3345.05. All registration fees, nonresident tuition	24166
fees, academic fees for the support of off-campus instruction,	24167
laboratory and course fees when so assessed and collected, student	24168
health fees for the support of a student health service, all other	24169
fees, deposits, charges, receipts, and income from all or part of	24170
the students, all subsidy or other payments from state	24171
appropriations, and all other fees, deposits, charges, receipts,	24172
and income received by each state-supported university and	24173
college, the Ohio state university hospitals and their ancillary	24174
facilities, the Ohio agricultural research and development center,	24175
and the Ohio state university cooperative extension service shall	24176
be held and administered by the respective boards of trustees of	24177
the state-supported universities and colleges; provided, that such	24178
fees, deposits, charges, receipts, and income, to the extent	24179
required by resolutions, trust agreements, indentures, leases, and	24180
agreements adopted, made, or entered into under Chapter 154. or	24181
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be	24182
held, administered, transferred, and applied in accordance	24183
therewith.	24184

The Ohio board of regents shall require annual reporting by	24185
the Ohio agricultural research and development center and by each	24186
university and college receiving state aid in such form and detail	24187
as determined by the board in consultation with such center,	24188
universities and colleges, and the director of budget and	24189
management.	24190

Notwithstanding any provision of the Revised Code to the	24191
contrary, the title to investments made by a board of trustees	24192
using any revenues described by this section shall not be vested	24193
in the state, but shall be held in trust by the board of trustees.	24194
Such investments shall be made pursuant to an investment policy	24195
approved by the board of trustees and in accordance with section	24196
135.35 of the Revised Code.	24197

Sec. 3345.19. In the exercise of their respective powers of	24198
government conferred by Chapter 3345. of the Revised Code and	24199
other pertinent provisions of law, the boards of trustees of	24200
Bowling Green state university, Kent state university, Miami	24201
university, Ohio university, and the Ohio state university shall	24202
observe the following enrollment limitations insofar as the autumn	24203
quarter enrollment or any other quarter enrollment on a full-time	24204
equivalent basis as defined by the Ohio board of regents is	24205
concerned:	24206

Bowling Green central campus	~~16,000~~ 17,000	24207
Kent central campus	~~21,000~~ 22,000	24208
Miami central campus	~~16,000~~ 17,000	24209
Ohio university central campus	~~21,000~~ 22,000	24210
The Ohio state central campus	~~41,000~~ 42,000	24211

Campus student housing facilities shall only be authorized by	24212
boards of trustees within these limitations~~, and no contracts for~~	24213
~~construction of new residence hall facilities shall be entered~~	24214
~~into after October 1, 1969, without the prior approval by the Ohio~~	24215
~~board of regents~~.	24216

Sec. 3353.07. ~~The~~ On and after the effective date of this	24217
amendment, the Ohio educational telecommunications network	24218
commission shall ~~not charge or collect broadcasting fees from~~	24219
operate the Ohio government telecommunications of system that was	24220
operated by the capitol square review and advisory board prior to	24221
the effective date of this amendment.	24222

Sec. 3353.11. There is hereby created in the state treasury	24223
the governmental television/telecommunications operating fund. The	24224
fund shall consist of money received from contract productions of	24225
the Ohio government telecommunications studio and shall be used	24226
for operations or equipment breakdowns related to the studio. All	24227
investment earnings on the fund shall be credited to the fund.	24228

Sec. 3383.01. As used in this chapter:

24229

(A) "Arts" means any of the following:

24230

(1) Visual, musical, dramatic, graphic, and other arts ~~and~~	24231
~~includes~~, including, but is not limited to, architecture, dance,	24232
literature, motion pictures, music, painting, photography,	24233
sculpture, and theater;	24234

(2) The presentation or making available, in museums or	24235
other indoor or outdoor facilities, of principles of science and	24236
their development, use, or application in business, industry, or	24237
commerce or of the history, heritage, development, presentation,	24238
and uses of the arts ~~as defined above~~ described in division (A)(1)	24239
of this section and of transportation;	24240

(3) The preservation, presentation, or making available of	24241
features of archaeological, architectural, environmental, or	24242
historical interest or significance in a state historical facility	24243
or a local historical facility.	24244

(B) "Arts organization" means either of the following:

24245

(1) A governmental agency or Ohio nonprofit corporation that	24246
provides programs or activities in areas directly concerned with	24247
the arts;	24248

(2) A regional arts and cultural district as defined in	24249
section 3381.01 of the Revised Code.	24250

(C) "Arts project" means all or any portion of an Ohio arts	24251
facility for which the general assembly has specifically	24252
authorized the spending of money, or made an appropriation,	24253
pursuant to division (D)(3) or (E) of section 3383.07 of the	24254
Revised Code.	24255

(D) "Cooperative contract" means a contract between the Ohio	24256
arts and sports facilities commission and an arts organization	24257
providing the terms and conditions of the cooperative use of an	24258
Ohio arts facility.	24259

(E) "Costs of operation" means amounts required to manage an	24260
Ohio arts facility that are incurred following the completion of	24261
construction of its arts project, provided that both of the	24262
following apply:	24263

(1) Those amounts either:

24264

(a) Have been committed to a fund dedicated to that purpose;

24265

(b) Equal the principal of any endowment fund, the income	24266
from which is dedicated to that purpose.	24267

(2) The commission and the arts organization have executed	24268
an agreement with respect to either of those funds.	24269

~~(E)~~(F) "General building services" means general building	24270
services for an Ohio arts facility or an Ohio sports facility,	24271
including, but not limited to, general custodial care, security,	24272
maintenance, repair, painting, decoration, cleaning, utilities,	24273
fire safety, grounds and site maintenance and upkeep, and	24274
plumbing.	24275

~~(F)~~(G) "Governmental agency" means a state agency, a	24276
state-supported or state-assisted institution of higher education,	24277
a municipal corporation, county, township, or school district, a	24278
port authority created under Chapter 4582. of the Revised Code,	24279
any other political subdivision or special district in this state	24280
established by or pursuant to law, or any combination of these	24281
entities; except where otherwise indicated, the United States or	24282
any department, division, or agency of the United States, or any	24283
agency, commission, or authority established pursuant to an	24284
interstate compact or agreement.	24285

~~(G)~~(H) "Local contributions" means the value of an asset	24286
provided by or on behalf of an arts organization from sources	24287
other than the state, the value and nature of which shall be	24288
approved by the Ohio arts and sports facilities commission, in its	24289
sole discretion. "Local contributions" may include the value of	24290
the site where an arts project is to be constructed. All "local	24291
contributions," except a contribution attributable to such a site,	24292
shall be for the costs of construction of an arts project or the	24293
costs of operation of an arts facility.	24294

~~(H)~~(I) "Local historical facility" means a site or facility,	24295
other than a state historical facility, of archaeological,	24296
architectural, environmental, or historical interest or	24297
significance, or a facility, including a storage facility,	24298
appurtenant to the operations of such a site or facility, that is	24299
owned by an arts organization, provided the facility meets the	24300
requirements of division ~~(J)~~(K)(2)(b) of this section, is managed	24301
by or pursuant to a contract with the Ohio arts and sports	24302
facilities commission, and is used for or in connection with the	24303
activities of the commission, including the presentation or making	24304
available of arts to the public.	24305

~~(I)~~(J) "Manage," "operate," or "management" means the	24306
provision of, or the exercise of control over the provision of,	24307
activities:	24308

(1) Relating to the arts for an Ohio arts facility,	24309
including as applicable, but not limited to, providing for	24310
displays, exhibitions, specimens, and models; booking of artists,	24311
performances, or presentations; scheduling; and hiring or	24312
contracting for directors, curators, technical and scientific	24313
staff, ushers, stage managers, and others directly related to the	24314
arts activities in the facility; but not including general	24315
building services;	24316

(2) Relating to sports and athletic events for an Ohio	24317
sports facility, including as applicable, but not limited to,	24318
providing for booking of athletes, teams, and events; scheduling;	24319
and hiring or contracting for staff, ushers, managers, and others	24320
directly related to the sports and athletic events in the	24321
facility; but not including general building services.	24322

~~(J)~~(K) "Ohio arts facility" means any of the following:

24323

(1) The three theaters located in the state office tower at	24324
77 South High street in Columbus;	24325

(2) Any capital facility in this state to which ~~all~~ both of	24326
the following apply:	24327

(a) The construction of an arts project related to the	24328
facility was authorized or funded by the general assembly pursuant	24329
to division (D)(3) of section 3383.07 of the Revised Code and	24330
proceeds of state bonds are used for costs of the arts project.	24331

(b) ~~The state owns or has sufficient real property interests~~	24332
~~in the facility or in the portion of the facility financed from~~	24333
~~the proceeds of obligations or in the site of the facility for a~~	24334
~~period of no less than the greater of the useful life of the~~	24335
~~portion of the facility financed from the proceeds of those~~	24336
~~obligations as determined by the director of budget and management~~	24337
~~using the guidelines for maximum maturities as provided under~~	24338
~~divisions (B), (C), and (E) of section 133.20 of the Revised Code,~~	24339
~~or the period of time remaining to the date of payment or~~	24340
~~provision for payment of outstanding obligations issued by the~~	24341
~~Ohio building authority allocable to costs of that portion of the~~	24342
~~facility, as determined by the director of budget and management,~~	24343
~~in either case as certified to the Ohio arts and sports facilities~~	24344
~~commission and the Ohio building authority.~~	24345

~~(c)~~ The facility is managed directly by, or by is subject to	24346
a cooperative or management contract with, the Ohio arts and	24347
sports facilities commission, and is used for or in connection	24348
with the activities of the commission, including the presentation	24349
or making available of arts to the public. A cooperative or	24350
management contract shall be for a term not less than the time	24351
remaining to the date of payment or provision for payment of any	24352
state bonds issued to pay the costs of the arts project, as	24353
determined by the director of budget and management and certified	24354
by the director to the Ohio arts and sports facilities commission	24355
and to the Ohio building authority.	24356

(3) A state historical facility or a local historical	24357
facility.	24358

~~(K)~~(L) "State agency" means the state or any of its branches,	24359
officers, boards, commissions, authorities, departments,	24360
divisions, or other units or agencies.	24361

~~(L)~~(M) "Construction" includes acquisition, including	24362
acquisition by lease-purchase, demolition, reconstruction,	24363
alteration, renovation, remodeling, enlargement, improvement, site	24364
improvements, and related equipping and furnishing.	24365

~~(M)~~(N) "State historical facility" means a site or facility	24366
of archaeological, architectural, environmental, or historical	24367
interest or significance, or a facility, including a storage	24368
facility, appurtenant to the operations of such a site or	24369
facility, that is owned by or is located on real property owned by	24370
the state or by an arts organization, so long as the real property	24371
of the arts organization ~~meets the requirements of division~~	24372
~~(J)(2)(b) of this section and~~ is contiguous to state-owned real	24373
property that is in the care, custody, and control of an arts	24374
organization, and that is managed directly by or by is subject to	24375
a cooperative or management contract with the Ohio arts and sports	24376
facilities commission, and ~~that~~ is used for or in connection with	24377
the activities of the commission, including the presentation or	24378
making available of arts to the public.	24379

~~(N)~~(O) "Ohio sports facility" means all or a portion of a	24380
stadium, arena, or other capital facility in ~~Ohio~~ this state, a	24381
primary purpose of which is to provide a site or venue for the	24382
presentation to the public of events of one or more major or minor	24383
league professional athletic or sports teams that are associated	24384
with the state or with a city or region of the state, which	24385
facility is owned by or is located on real property owned by the	24386
state or a governmental agency, and including all parking	24387
facilities, walkways, and other auxiliary facilities, equipment,	24388
furnishings, and real and personal property and interests and	24389
rights therein, that may be appropriate for or used for or in	24390
connection with the facility or its operation, for capital costs	24391
of which state funds are spent pursuant to this chapter. A	24392
facility constructed as an Ohio sports facility may be both an	24393
Ohio arts facility and an Ohio sports facility.	24394

Sec. 3383.02. (A) There is hereby created the Ohio arts and	24395
sports facilities commission. Notwithstanding any provision to	24396
the contrary contained in Chapter 152. of the Revised Code, the	24397
commission shall engage in and provide for the development,	24398
performance, and presentation or making available of the arts and	24399
professional sports and athletics to the public in this state by	24400
the exercise of its powers under this chapter, including the	24401
provision, operation, ~~and~~ management, and cooperative use of Ohio	24402
arts facilities and Ohio sports facilities. The commission is a	24403
body corporate and politic, an agency of state government and an	24404
instrumentality of the state, performing essential governmental	24405
functions of this state. The carrying out of the purposes and the	24406
exercise by the commission of its powers conferred by this chapter	24407
are essential public functions and public purposes of the state	24408
and of state government. The commission may, in its own name, sue	24409
and be sued, enter into contracts, and perform all the powers and	24410
duties given to it by this chapter but it does not have and shall	24411
not exercise the power of eminent domain.	24412

(B) The commission shall consist of ~~eight~~ ten members, ~~five~~	24413
seven of whom shall be voting members and three of whom shall be	24414
nonvoting members. The ~~five~~ seven voting members shall be	24415
appointed by the governor, with the advice and consent of the	24416
senate, from different geographical regions of the state. In	24417
addition, one of the voting members shall represent the state	24418
architect. Not more than ~~three~~ four of the members appointed by	24419
the governor shall be affiliated with the same political party.	24420
The nonvoting members shall be the staff director of the Ohio arts	24421
council, a member of the senate appointed by the president of the	24422
senate, and a member of the house of representatives appointed by	24423
the speaker of the house.	24424

(C) Of the five initial appointments made by the governor,	24425
one shall be for a term expiring December 31, 1989, two shall be	24426
for terms expiring December 31, 1990, and two shall be for terms	24427
expiring December 31, 1991. Of the initial appointments of the	24428
sixth and seventh voting members appointed by the governor as a	24429
result of this amendment, one shall be for a term expiring	24430
December 31, 2003, and one shall be for a term expiring December	24431
31, 2004. Thereafter, each such term shall be for three years,	24432
commencing on the first day of January and ending on the	24433
thirty-first day of December. Each appointment by the president	24434
of the senate and by the speaker of the house of representatives	24435
shall be for the balance of the then legislative biennium. Each	24436
member shall hold office from the date of the member's appointment	24437
until the end of the term for which the member was appointed. Any	24438
member appointed to fill a vacancy occurring prior to the	24439
expiration of the term for which the member's predecessor was	24440
appointed shall hold office for the remainder of such term. Any	24441
member shall continue in office subsequent to the expiration date	24442
of the member's term until the member's successor takes office, or	24443
until a period of sixty days has elapsed, whichever occurs first.	24444

(D) Members of the commission shall serve without	24445
compensation.	24446

(E) ~~After each initial member of the commission has been~~	24447
~~appointed, the commission shall meet and organize by electing one~~	24448
~~of its voting members as chairperson and other voting members as~~	24449
~~vice-chairperson and secretary-treasurer, who shall hold their~~	24450
~~offices until the next organizational meeting of the commission.~~	24451
Organizational meetings of the commission shall be held at the	24452
first meeting of each calendar year. At each organizational	24453
meeting, the commission shall elect from among its voting members	24454
a chairperson, a vice-chairperson, and a secretary-treasurer, who	24455
shall serve until the next annual meeting. The commission shall	24456
adopt rules pursuant to section 111.15 of the Revised Code for the	24457
conduct of its internal business and shall keep a journal of its	24458
proceedings.	24459

(F) ~~Three~~ Four voting members of the commission constitute a	24460
quorum, and the affirmative vote of ~~three~~ four members is	24461
necessary for approval of any action taken by the commission. A	24462
vacancy in the membership of the commission does not impair a	24463
quorum from exercising all the rights and performing all the	24464
duties of the commission. Meetings of the commission may be held	24465
anywhere in the state, and shall be held in compliance with	24466
section 121.22 of the Revised Code.	24467

(G) All expenses incurred in carrying out this chapter are	24468
payable solely from money accrued under this chapter or	24469
appropriated for these purposes by the general assembly, and the	24470
commission shall incur no liability or obligation beyond such	24471
money.	24472

(H) The commission shall file an annual report of its	24473
activities and finances with the governor, director of budget and	24474
management, speaker of the house of representatives, president of	24475
the senate, and chairpersons of the house and senate finance	24476
committees.	24477

(I) There is hereby established in the state treasury the	24478
Ohio arts and sports facilities commission administration fund.	24479
All revenues of the commission shall be credited to that fund and	24480
to any accounts created in the fund with the commission's	24481
approval. All expenses of the commission, including reimbursement	24482
of, or payment to, any other fund or any governmental agency for	24483
advances made or services rendered to or on behalf of the	24484
commission, shall be paid from the Ohio arts and sports facilities	24485
commission administration fund as determined by or pursuant to	24486
directions of the commission. All investment earnings of the	24487
administration fund shall be credited to the fund and shall be	24488
allocated among any accounts created in the fund in the manner	24489
determined by the commission.	24490

(J) Title to all real property and lesser interests in real	24491
property acquired by the commission, including leasehold and other	24492
interests, pursuant to this chapter shall be taken in the name of	24493
the state and shall be held for the use and benefit of the	24494
commission. The commission shall not mortgage such real property	24495
and interests in real property. Title to other property and	24496
interests in it acquired by the commission pursuant to this	24497
chapter shall be taken in its name.	24498

Sec. 3383.04. The Ohio arts and sports facilities commission	24499
may:	24500

(A) Employ and fix the compensation of an executive director	24501
and such other employees as will facilitate the activities and	24502
purposes of the commission. Any executive director shall serve at	24503
the pleasure of the commission and may serve part-time. Other	24504
employees shall be employed by and serve at the pleasure of the	24505
commission or the executive director, as determined by the	24506
commission.	24507

(B) Adopt, amend, and rescind, pursuant to section 111.15 of	24508
the Revised Code, rules for the management and operation of Ohio	24509
arts facilities and Ohio sports facilities and for the exercise of	24510
all of the commission's rights with respect to those facilities;	24511

(C) Own, construct or provide for the construction of,	24512
lease, equip, furnish, administer, and manage or provide for the	24513
operation and management of, and cooperate in the use of, Ohio	24514
arts facilities and Ohio sports facilities;	24515

(D) Dispose of, whether by sale, lease, lease-purchase,	24516
sublease, re-lease, or otherwise, real and personal property, and	24517
lesser interests in it, held or owned by the state for the use and	24518
benefit of the commission or held or owned by the commission, if	24519
not needed for the commission's purposes, upon such terms as the	24520
commission determines, subject to approval by the governor in the	24521
case of real property and interests in it;	24522

(E) Grant such easements and other interests in real or	24523
personal property of the commission as will not interfere with the	24524
use of the property as an Ohio arts facility or an Ohio sports	24525
facility;	24526

(F) Fix, alter, and collect rentals and other charges for	24527
the use or availability for use of Ohio arts facilities or an Ohio	24528
sports facility, as determined solely by the commission, for the	24529
purpose of providing for all or a portion of the costs and	24530
expenses of the commission, and the costs to be paid by the	24531
commission of leasing, constructing, equipping, repairing,	24532
maintaining, administering, ~~and~~ managing, and cooperating in the	24533
use of Ohio arts facilities, including rentals to be paid by the	24534
commission for any Ohio arts facilities or for any Ohio sports	24535
facility;	24536

(G) Lease, sublease, cooperate in the use of, or otherwise	24537
make available to an arts organization, Ohio arts facilities, and	24538
to any governmental agency or nonprofit corporation, Ohio sports	24539
facilities, including real and personal property, or any interests	24540
in it, to carry out the purposes of this chapter;	24541

(H) Contract with, retain the services of, or designate, and	24542
fix the compensation of, such agents, accountants, attorneys,	24543
consultants, advisers, and other independent contractors as may be	24544
necessary or desirable to carry out the purposes of this chapter;	24545

(I) Procure insurance against loss to the commission by	24546
reason of damages to or nonusability of its property resulting	24547
from fire, theft, accident, or other casualties, or by reason of	24548
its liability for any damages to persons or property, including	24549
but not limited to, general liability insurance, business	24550
interruption insurance, liability insurance for members, officers,	24551
and employees, and copyright liability insurance;	24552

(J) Receive and accept gifts, grants, devises, bequests,	24553
loans, and any other financial or other form of aid or assistance	24554
from any governmental agency or other person and enter into any	24555
contract or agreement with any such agency or other person in	24556
connection therewith, and receive and accept aid or contributions	24557
from any other source of money, real or personal property, labor,	24558
or other things of value, to be held, used, and applied only for	24559
the purposes for which the aid and contributions are made and	24560
according to their terms and conditions, all within the purposes	24561
of this chapter;	24562

(K) Make and enter into all contracts, commitments, and	24563
agreements, and execute all instruments, necessary or incidental	24564
to the performance of its duties and the execution of its rights	24565
and powers under this chapter;	24566

(L) Do anything necessary or appropriate to carry out the	24567
purposes of and exercise the powers granted in this chapter;	24568

(M) Contract with any governmental agency or nonprofit	24569
corporation to provide or cause to be provided services, including	24570
general building services, in, to, or for an Ohio arts facility or	24571
any Ohio sports facility, or with an arts organization for the	24572
management of an Ohio arts facility, or with a governmental agency	24573
or nonprofit corporation for the management of an Ohio sports	24574
facility, all in furtherance of the state function, and make	24575
contracts pursuant to divisions (A) and (B) of section 3383.07 of	24576
the Revised Code, except that nothing in this chapter limits the	24577
exercise of the care, custody, control, and management of those	24578
state historical facilities specified in section 149.30 of the	24579
Revised Code.	24580

Sec. 3383.07. (A) The department of administrative services	24581
shall provide for the construction of an arts project in	24582
conformity with Chapter 153. of the Revised Code, except as	24583
follows:	24584

(1) For an arts project that has an estimated construction	24585
cost, excluding the cost of acquisition, of twenty-five million	24586
dollars or more, and that is financed by the Ohio building	24587
authority, construction services may be provided by the authority	24588
if the authority determines it should provide those services.	24589

(2) For an arts project other than a state historical	24590
facility, construction services may be provided on behalf of the	24591
state by the Ohio arts and sports facilities commission, or by a	24592
governmental agency or an arts organization that occupies, will	24593
occupy, or is responsible for the Ohio arts facility, as	24594
determined by the ~~department of administrative services~~	24595
commission. Construction services to be provided by a	24596
governmental agency or an arts organization shall be specified in	24597
an agreement between the commission and the governmental agency or	24598
arts organization. The agreement, or any actions taken under it,	24599
are not subject to Chapter 123. or 153. of the Revised Code,	24600
except for sections 123.151 and 153.011 of the Revised Code, and	24601
shall be subject to Chapter 4115. of the Revised Code.	24602

(3) For an arts project that is a state historical facility,	24603
construction services may be provided by the Ohio arts and sports	24604
facilities commission or by an arts organization that occupies,	24605
will occupy, or is responsible for the facility, as determined by	24606
the commission. The construction services to be provided by the	24607
arts organization shall be specified in an agreement between the	24608
commission and the arts organization~~, and the~~. That agreement,	24609
and any actions taken under it, are not subject to Chapter 123.,	24610
153., or 4115. of the Revised Code.	24611

(B) For an Ohio sports facility that is financed in part by	24612
the Ohio building authority, construction services shall be	24613
provided on behalf of the state by or at the direction of the	24614
governmental agency or nonprofit corporation that will own or be	24615
responsible for the management of the facility, all as determined	24616
by the Ohio arts and sports facilities commission. Any	24617
construction services to be provided by a governmental agency or	24618
nonprofit corporation shall be specified in an agreement between	24619
the commission and the governmental agency or nonprofit	24620
corporation~~, and the~~. That agreement, and any actions taken under	24621
it, are not subject to Chapter 123. or 153. of the Revised Code,	24622
except for sections 123.151 and 153.011 of the Revised Code, and	24623
shall be subject to Chapter 4115. of the Revised Code.	24624

(C) General building services for an Ohio arts facility	24625
shall be provided by ~~the department of administrative services in~~	24626
~~conformity with Chapter 123. of the Revised Code, except that the~~	24627
~~Ohio building authority may elect to provide such services for~~	24628
~~Ohio arts facilities it financed and such services may be provided~~	24629
by the Ohio arts and sports facilities commission or by an arts	24630
organization that occupies, will occupy, or is responsible for the	24631
facility, as determined by the commission, except that the Ohio	24632
building authority may elect to provide those services for Ohio	24633
arts facilities financed with proceeds of state bonds issued by	24634
the authority. The costs of management and general building	24635
services shall be paid by the arts organization that occupies,	24636
will occupy, or is responsible for the facility as provided in an	24637
agreement between the commission and the arts organization, except	24638
that the state may pay for general building services for	24639
state-owned arts facilities constructed on state-owned land.	24640
~~General~~	24641

General building services for an Ohio sports facility shall	24642
be provided by or at the direction of the governmental agency or	24643
nonprofit corporation that will be responsible for the management	24644
of the facility, all as determined by the commission. Any general	24645
building services to be provided by a governmental agency or	24646
nonprofit corporation for an Ohio sports facility shall be	24647
specified in an agreement between the commission and the	24648
governmental agency or nonprofit corporation~~, and that~~. That	24649
agreement, and any actions taken under it, are not subject to	24650
Chapter 123. or 153. of the Revised Code, except for sections	24651
123.151 and 153.011 of the Revised Code, and shall be subject to	24652
Chapter 4115. of the Revised Code.	24653

(D) This division does not apply to a state historical	24654
facility. No state funds, including any state bond proceeds,	24655
shall be spent on the construction of any arts project under this	24656
chapter unless, with respect to the arts project and to the Ohio	24657
arts facility related to the project, all of the following apply:	24658

(1) The Ohio arts and sports facilities commission has	24659
determined that there is a need for the arts project and the Ohio	24660
arts facility related to the project in the region of the state	24661
~~for~~ in which the Ohio arts facility is located or for which the	24662
facility is proposed ~~to be located;~~.	24663

(2) The commission has determined that, as an indication of	24664
substantial regional support for the arts project, the arts	24665
organization has made provision satisfactory to the commission, in	24666
its sole discretion, for local contributions amounting to not less	24667
than fifty per cent of the total state funding for the arts	24668
project;.	24669

(3) The general assembly has specifically authorized the	24670
spending of money on, or made an appropriation for, the	24671
construction of the arts project, or for rental payments relating	24672
to the financing of the construction of the arts project.	24673
Authorization to spend money, or an appropriation, for planning	24674
the arts project does not constitute authorization to spend money	24675
on, or an appropriation for, construction of the arts project.	24676

(E) No state funds, including any state bond proceeds, shall	24677
be spent on the construction of any state historical facility	24678
under this chapter unless the general assembly has specifically	24679
authorized the spending of money on, or made an appropriation for,	24680
the construction of the arts project related to the facility, or	24681
for rental payments relating to the financing of the construction	24682
of the arts project. Authorization to spend money, or an	24683
appropriation, for planning the arts project does not constitute	24684
authorization to spend money on, or an appropriation for, the	24685
construction of the arts project.	24686

(F) State funds shall not be used to pay or reimburse more	24687
than fifteen per cent of the initial estimated construction cost	24688
of an Ohio sports facility, excluding any site acquisition cost,	24689
and no state funds, including any state bond proceeds, shall be	24690
spent on any Ohio sports facility under this chapter unless, with	24691
respect to that facility, all of the following apply:	24692

(1) The Ohio arts and sports facilities commission has	24693
determined that there is a need for the facility in the region of	24694
the state for which the facility is proposed to provide the	24695
function of an Ohio sports facility as provided for in this	24696
chapter.	24697

(2) As an indication of substantial local support for the	24698
facility, the commission has received a financial and development	24699
plan satisfactory to it, and provision has been made, by agreement	24700
or otherwise, satisfactory to the commission, for a contribution	24701
amounting to not less than eighty-five per cent of the total	24702
estimated construction cost of the facility, excluding any site	24703
acquisition cost, from sources other than the state.	24704

(3) The general assembly has specifically authorized the	24705
spending of money on, or made an appropriation for, the	24706
construction of the facility, or for rental payments relating to	24707
state financing of all or a portion of the costs of constructing	24708
the facility. Authorization to spend money, or an appropriation,	24709
for planning or determining the feasibility of or need for the	24710
facility does not constitute authorization to spend money on, or	24711
an appropriation for, costs of constructing the facility.	24712

(4) If state bond proceeds are being used for the Ohio	24713
sports facility, the state or a governmental agency owns or has	24714
sufficient property interests in the facility or in the site of	24715
the facility or in the portion or portions of the facility	24716
financed from proceeds of state bonds, which may include, but is	24717
not limited to, the right to use or to require the use of the	24718
facility for the presentation of sport and athletic events to the	24719
public at the facility, extending for a period of not less than	24720
the greater of the useful life of the portion of the facility	24721
financed from proceeds of those bonds as determined using the	24722
guidelines for maximum maturities as provided under divisions (B),	24723
(C), and (D) of section 133.20 of the Revised Code, or the period	24724
of time remaining to the date of payment or provision for payment	24725
of outstanding state bonds allocable to costs of the facility, all	24726
as determined by the director of budget and management and	24727
certified by the director to the Ohio arts and sports facilities	24728
commission and to the Ohio building authority.	24729

Sec. 3383.09. (A) There is hereby created in the state	24730
treasury the arts facilities building fund, which shall consist of	24731
proceeds of obligations authorized to pay costs of arts facilities	24732
projects for which appropriations are made by the general	24733
assembly. All investment earnings of the fund shall be credited to	24734
the fund.	24735

(B) There is hereby created in the state treasury the	24736
sports facilities building fund, which shall consist of proceeds	24737
of obligations authorized to pay costs of sports facilities	24738
projects for which appropriations are made by the general	24739
assembly. All investment earnings of the fund shall be credited to	24740
the fund.	24741

(C) The director of budget and management may transfer, to	24742
the Ohio arts and sports facilities commission administration	24743
fund, investment earnings credited to the arts facilities building	24744
fund and the sports facilities building fund that exceed the	24745
amounts required to meet estimated federal arbitrage rebate	24746
requirements when requested of the director of budget and	24747
management by the chairperson or executive director of the	24748
commission.	24749

Sec. 3505.063. (A) When the general assembly adopts a	24750
resolution proposing a constitutional amendment, it ~~shall~~ may, by	24751
resolution, designate a group of members who voted in support of	24752
the resolution to prepare arguments for the proposed amendment,	24753
and a group of members who voted in opposition to the resolution	24754
to prepare arguments against the proposed amendment. If no	24755
members voted in opposition to the resolution, or if the general	24756
assembly chooses not to designate a group of members to prepare	24757
arguments for the proposed amendment or chooses not to designate a	24758
group of members to prepare arguments against the proposed	24759
amendment, the Ohio ballot board may prepare the relevant	24760
arguments ~~against the proposed amendment~~ or designate a group of	24761
persons to prepare ~~such~~ the relevant arguments. All arguments	24762
shall be filed with the secretary of state no later than	24763
seventy-five days before the date of the election. No argument	24764
shall exceed three hundred words.	24765

(B) The secretary of state shall disseminate information,	24766
which may include part or all of the official explanation and	24767
arguments concerning proposed amendments, by means of direct mail	24768
or other written publication, broadcast, or such other means, or	24769
combination of means, as the Ohio ballot board may direct, in	24770
order to inform the voters as fully as possible concerning	24771
proposed amendments.	24772

Sec. 3517.092. (A) As used in this section:

24773

(1) "Appointing authority" has the same meaning as in	24774
section 124.01 of the Revised Code.	24775

(2) "State elected officer" means any person appointed or	24776
elected to a state elective office.	24777

(3) "State elective office" means any of the offices of	24778
governor, lieutenant governor, secretary of state, auditor of	24779
state, treasurer of state, attorney general, member of the state	24780
board of education, member of the general assembly, and justice	24781
and chief justice of the supreme court.	24782

(4) "County elected officer" means any person appointed or	24783
elected to a county elective office.	24784

(5) "County elective office" means any of the offices of	24785
county auditor, county treasurer, clerk of the court of common	24786
pleas, sheriff, county recorder, county engineer, county	24787
commissioner, prosecuting attorney, and coroner.	24788

(6) "Contribution" includes a contribution to any political	24789
party, campaign committee, political action committee, political	24790
contributing entity, or legislative campaign fund.	24791

(B) No state elected officer, no campaign committee of such	24792
an officer, and no other person or entity shall knowingly solicit	24793
or accept a contribution on behalf of that officer or that	24794
officer's campaign committee from any of the following:	24795

(1) A state employee whose appointing authority is the state	24796
elected officer;	24797

(2) A state employee whose appointing authority is	24798
authorized or required by law to be appointed by the state elected	24799
officer;	24800

(3) A state employee who functions in or is employed in or	24801
by the same public agency, department, division, or office as the	24802
state elected officer.	24803

(C) No candidate for a state elective office, no campaign	24804
committee of such a candidate, and no other person or entity shall	24805
knowingly solicit or accept a contribution on behalf of that	24806
candidate or that candidate's campaign committee from any of the	24807
following:	24808

(1) A state employee at the time of the solicitation, whose	24809
appointing authority will be the candidate, if elected;	24810

(2) A state employee at the time of the solicitation, whose	24811
appointing authority will be appointed by the candidate, if	24812
elected, as authorized or required by law;	24813

(3) A state employee at the time of the solicitation, who	24814
will function in or be employed in or by the same public agency,	24815
department, division, or office as the candidate, if elected.	24816

(D) No county elected officer, no campaign committee of such	24817
an officer, and no other person or entity shall knowingly solicit	24818
a contribution on behalf of that officer or that officer's	24819
campaign committee from any of the following:	24820

(1) A county employee whose appointing authority is the	24821
county elected officer;	24822

(2) A county employee whose appointing authority is	24823
authorized or required by law to be appointed by the county	24824
elected officer;	24825

(3) A county employee who functions in or is employed in or	24826
by the same public agency, department, division, or office as the	24827
county elected officer.	24828

(E) No candidate for a county elective office, no campaign	24829
committee of such a candidate, and no other person or entity shall	24830
knowingly solicit a contribution on behalf of that candidate or	24831
that candidate's campaign committee from any of the following:	24832

(1) A county employee at the time of the solicitation, whose	24833
appointing authority will be the candidate, if elected;	24834

(2) A county employee at the time of the solicitation, whose	24835
appointing authority will be appointed by the candidate, if	24836
elected, as authorized or required by law;	24837

(3) A county employee at the time of the solicitation, who	24838
will function in or be employed in or by the same public agency,	24839
department, division, or office as the candidate, if elected.	24840

(F)(1) No public employee shall solicit a contribution from	24841
any person while the public employee is performing the public	24842
employee's official duties or in those areas of a public building	24843
where official business is transacted or conducted.	24844

(2) No person shall solicit a contribution from any public	24845
employee while the public employee is performing the public	24846
employee's official duties or is in those areas of a public	24847
building where official business is transacted or conducted.	24848

(3) As used in division (F) of this section, "public	24849
employee" does not include any person holding an elective office.	24850

(G) The prohibitions in divisions (B), (C), (D), (E), and	24851
(F) of this section are in addition to the prohibitions in	24852
sections 124.57, 1553.09, 3304.22, and 4503.032 of the Revised	24853
Code.	24854

Sec. 3701.04. (A) The director of health shall:

24855

(1) Require such reports and make such inspections and	24856
investigations as the director considers necessary;	24857

(2) Provide such methods of administration, appoint such	24858
personnel, make such reports, and take such other action as may be	24859
necessary to comply with the requirements of the federal act and	24860
the regulations thereunder;	24861

(3) Procure by contract the temporary or intermittent	24862
services of experts or consultants or organizations thereof when	24863
such services are to be performed on a part-time or	24864
fee-for-service basis and do not involve the performance of	24865
administrative duties;	24866

(4) Enter into agreements for the utilization of the	24867
facilities and services of other departments, agencies, and	24868
institutions, public or private;	24869

(5) ~~Accept on~~ On behalf of the state, solicit, accept, hold,	24870
administer, and deposit in the state treasury to the credit of the	24871
general operations fund created in section 3701.83 of the Revised	24872
Code, any grant, gift, devise, bequest, or contribution ~~made to~~	24873
~~assist in meeting the cost of carrying out the director's~~	24874
~~responsibilities and expend the grant, gift, or contribution for~~	24875
~~such~~ for the purpose for which made. Fees collected by the	24876
director in connection with meetings and conferences shall also be	24877
credited to the fund and expended for the purposes for which paid.	24878

(6) Make an annual report to the governor on activities and	24879
expenditures, including recommendations for such additional	24880
legislation as the director considers appropriate to furnish	24881
adequate hospital, clinic, and similar facilities to the people of	24882
this state.	24883

(B) The director of health may enter into agreements to sell	24884
services offered by the department to other departments, agencies,	24885
and institutions of the state. Fees collected by the director for	24886
the sale of services under this division shall be deposited into	24887
the state treasury to the credit of the general operations fund	24888
created in section 3701.83 of the Revised Code.	24889

Sec. 3701.142. (A) The director of health shall appoint the	24890
chief and the administrative assistant of the office of women's	24891
health initiatives. The director may appoint, to the extent of	24892
available funds, persons to other positions determined by ~~him~~ the	24893
director to be relevant and necessary.	24894

(B) The chief shall have all of the following	24895
qualifications, plus any additional qualifications the director	24896
considers appropriate:	24897

(1) The equivalent of a masters or higher degree in public	24898
health, medicine, health sciences, environmental science, law,	24899
public administration, or a related field;	24900

(2) Familiarity with national maternal and child health	24901
objectives of the department;	24902

(3) Knowledge of or experience in women's and infants'	24903
preventive health care;	24904

(4) Understanding of health care delivery systems;

24905

(5) A global public health perspective.

24906

(C)(1) The majority of the chief's time shall be spent in	24907
the performance of the following responsibilities:	24908

(a) Identifying issues that affect women's health;

24909

(b) Advocating for women's health concerns within the	24910
department, state government, and the community;	24911

(c) Serving as a liaison for the public, interest groups,	24912
the department, and other state agencies on issues that affect	24913
women's health;	24914

(d) Developing recommendations to the director regarding	24915
programs addressing women's health issues for inclusion in the	24916
biennial budget and departmental strategic planning;	24917

(e) Preparing materials for publication.

24918

(2) In addition, the chief shall do the following:

24919

(a) Develop and recommend research, funding, and program	24920
activities for the intervention, treatment, and education of the	24921
public on women's health initiatives including health needs	24922
throughout the life cycle, reproductive health, gender bias in	24923
research, chemical dependence, access to health care, health and	24924
safety in the workplace, poverty and women's health, causes of	24925
death in women, violence and women's health, and any other women's	24926
health issue the chief considers appropriate;	24927

(b) Supervise the administrative assistant and any other	24928
employees assigned to the office of women's health initiatives;	24929

(c) Oversee the administrative operations of the office of	24930
women's health initiatives;	24931

(d) Research, advise, and assist the director concerning	24932
governor's office correspondence referrals, legislative	24933
initiatives, rules, and similar executive decisions relating to	24934
the health of women;	24935

(e) Represent the director, as requested, before the general	24936
assembly ~~and the women's policy and research commission~~.	24937

(D) The administrative assistant shall provide clerical and	24938
administrative support as needed to the chief.	24939

(E) To promote coordination of programs and of offices'	24940
initiatives, the director, assistant director, deputy directors,	24941
and chiefs selected by the director in the department shall attend	24942
quarterly meetings regarding the activities of the office of	24943
women's health initiatives.	24944

(F) After considering the report submitted pursuant to	24945
division (C) of section 3701.141 of the Revised Code, the director	24946
of health shall develop and implement biennial initiatives on	24947
women's health needs.	24948

Sec. 3701.77. There is hereby ~~created~~ provided in the	24949
department of health the governor's advisory council on physical	24950
fitness and sports ~~advisory board~~, which shall consist of ~~eleven~~	24951
fifteen members, seven of whom shall be appointed by the governor	24952
and shall be representative of physicians, pediatricians, coaches,	24953
athletic trainers, athletes, educators, ~~and such other persons or~~	24954
~~professions interested in the physical fitness of the citizens of~~	24955
~~the state as the governor considers appropriate~~ physical	24956
therapists, dentists, nutritionists, exercise physiologists, and	24957
one worksite wellness person. Four ~~board~~ council members shall be	24958
members of the general assembly, of whom one shall be appointed by	24959
the president of the senate, one by the minority leader of the	24960
senate, one by the speaker of the house of representatives, and	24961
one by the minority leader of the house of representatives. Four	24962
council members shall be appointed by the director of health. All	24963
members of the ~~board~~ council shall serve two-year terms,	24964
commencing on the first day of January of each odd-numbered year	24965
and ending on the thirty-first day of December of the following	24966
year, except that each member shall continue in office subsequent	24967
to the expiration date of ~~his~~ the member's term until ~~his~~ the	24968
member's successor is appointed, or until a period of sixty days	24969
has elapsed, whichever occurs first. Members may be reappointed	24970
to additional terms. Vacancies shall be filled in the manner	24971
provided for original appointments, and a vacancy shall be	24972
considered to occur whenever a member of the general assembly	24973
ceases to be a member of the house from which he the member was	24974
appointed. The director ~~of health~~ annually shall select from the	24975
membership of the ~~board~~ council a ~~chairman~~ chairperson, and the	24976
~~board~~ council shall select from its membership a ~~vice-chairman~~	24977
vice-chairperson and secretary. Members of the ~~board~~ council	24978
shall serve without compensation, but shall be reimbursed for	24979
actual and necessary expenses incurred in the performance of their	24980
duties. The director, upon the ~~board's~~ council's request, may	24981
provide an officer or employee of the department to act as an	24982
administrator of the ~~board~~ council, and may provide other	24983
employees as required by the ~~board~~ council. The ~~board~~ council	24984
shall meet ~~in Columbus~~ at least once each calendar quarter ~~and~~ at	24985
such ~~other~~ times and places as the director or the ~~board~~ council	24986
considers necessary. ~~Seven members~~ A simple majority of the ~~board~~	24987
current appointed members of the council constitute a quorum, and	24988
a majority vote of those in attendance is necessary to take any	24989
action.	24990

A member of the advisory council that is a member of the	24991
general assembly may designate a substitute to serve on the	24992
council in that member's absence. The substitute is entitled to	24993
perform the duties of a member of the council. A member of the	24994
general assembly shall inform the chairperson of the council of	24995
the substitution prior to the substitute assuming duties of that	24996
member. Whenever the member of the general assembly ceases to be	24997
a member of the house from which the member was appointed, the	24998
substitute may no longer serve on the council.	24999

Sec. 3701.771. (A) The governor's advisory council on	25000
physical fitness and sports ~~advisory board~~ shall prepare and	25001
recommend to the director of health guidelines, programs, and	25002
activities related to health and physical fitness. The ~~board~~	25003
council shall recommend information and educational materials to	25004
be prepared and distributed to the public that encourage wide	25005
participation in the recommended programs and activities.	25006

(B) The ~~board~~ council may, on behalf of the state, solicit,	25007
accept, hold, and administer any grants, devises, or bequests of	25008
moneys, securities, or property for the purposes of sections	25009
~~3701.85~~ 3701.77 to ~~3701.861~~ 3701.772 of the Revised Code and shall	25010
deposit any moneys resulting from those grants, devises, or	25011
bequests in the physical fitness and sports fund, which is hereby	25012
created in the state treasury for use solely by the ~~board~~ council	25013
in administering those sections. The ~~board~~ council shall	25014
administer the fund.	25015

(C) The ~~board~~ council shall assist the director of health in	25016
promoting and sponsoring public sporting and physical fitness	25017
events, and members shall lend their names and presence to these	25018
events to encourage greater public participation.	25019

(D) The ~~board~~ council may develop a program of statewide	25020
amateur athletic competition to be known as the "buckeye state	25021
games," which shall be patterned after the Olympic games to the	25022
extent possible considering the availability of facilities,	25023
equipment, and expertise. The buckeye state games shall be	25024
designed to encourage the participation of athletes representing a	25025
broad range of age groups, skill levels, and communities.	25026
Participants shall be residents of the state. Regional	25027
competition may be held throughout the state, and the top	25028
qualifiers in each sport shall proceed to the final competition to	25029
be held at a centrally located site in the state that has the	25030
necessary facilities and equipment for conducting the competition.	25031
The frequency of the games shall be determined by the ~~board~~	25032
council.	25033

Sec. 3701.772. The director of health shall cause to be	25034
prepared certificates and awards bearing the printed facsimile	25035
signature of the governor, to be awarded to persons who	25036
participate in physical fitness and sports programs recommended by	25037
the governor's advisory council on physical fitness and sports	25038
~~advisory board~~ and adopted by the director. The director shall	25039
provide for the distribution of the certificates and awards to	25040
qualifying persons through agreements with civic groups,	25041
professional associations, running clubs, amateur and professional	25042
sports groups, individual citizens, voluntary organizations,	25043
political subdivisions, school districts, and others interested in	25044
promoting and improving the health and physical fitness of the	25045
citizens of the state.	25046

The director may adopt such rules as necessary to carry out	25047
the purposes of sections ~~3701.85~~ 3701.77 to ~~3701.861~~ 3701.772 of	25048
the Revised Code.	25049

Sec. 3701.92. (A) There is hereby created in the department	25050
of health the Ohio hepatitis C advisory commission.	25051

(B) The commission shall consist of the following members:

25052

(1) Eleven members appointed by the director of health;

25053

(2) Two members of the house of representatives, one from	25054
each political party, appointed by the speaker of the house of	25055
representatives;	25056

(3) Two members of the senate, one from each political	25057
party, appointed by the president of the senate.	25058

Each member shall serve without compensation for a term of	25059
one year.	25060

Sec. 3702.68. (A) Notwithstanding sections 3702.51 to	25061
3702.62 of the Revised Code, this section applies to the review of	25062
certificate of need applications during the period beginning July	25063
1, 1993, and ending ~~June 30, 2001~~ October 15, 2003.	25064

(B)(1) Except as provided in division (B)(2) of this	25065
section, the director of health shall neither grant nor deny any	25066
application for a certificate of need submitted prior to July 1,	25067
1993, if the application was for any of the following and the	25068
director had not issued a written decision concerning the	25069
application prior to that date:	25070

(a) Approval of beds in a new health care facility or an	25071
increase of beds in an existing health care facility, if the beds	25072
are proposed to be licensed as nursing home beds under Chapter	25073
3721. of the Revised Code;	25074

(b) Approval of beds in a new county home or new county	25075
nursing home as defined in section 5155.31 of the Revised Code, or	25076
an increase of beds in an existing county home or existing county	25077
nursing home, if the beds are proposed to be certified as skilled	25078
nursing facility beds under Title XVIII or nursing facility beds	25079
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	25080
42 U.S.C.A. 301, as amended;	25081

(c) Recategorization of hospital beds as described in	25082
section 3702.522 of the Revised Code, an increase of hospital beds	25083
registered pursuant to section 3701.07 of the Revised Code as	25084
long-term care beds or skilled nursing facility beds, or a	25085
recategorization of hospital beds that would result in an increase	25086
of beds registered pursuant to that section as long-term care beds	25087
or skilled nursing facility beds.	25088

On July 1, 1993, the director shall return each such	25089
application to the applicant and, notwithstanding section 3702.52	25090
of the Revised Code regarding the uses of the certificate of need	25091
fund, shall refund to the applicant the application fee paid under	25092
that section. Applications returned under division (B)(1) of this	25093
section may be resubmitted in accordance with section 3702.52 of	25094
the Revised Code no sooner than ~~July 1, 2001~~ October 16, 2003.	25095

(2) The director shall continue to review and shall issue a	25096
decision regarding any application submitted prior to July 1,	25097
1993, to increase beds for either of the purposes described in	25098
division (B)(1)(a) or (b) of this section if the proposed increase	25099
in beds is attributable solely to a replacement or relocation of	25100
existing beds within the same county. The director shall	25101
authorize under such an application no additional beds beyond	25102
those being replaced or relocated.	25103

(C)(1) Except as provided in division (C)(2) and (3) of this	25104
section, the director, during the period beginning July 1, 1993,	25105
and ending ~~June 30, 2001~~ October 15, 2003, shall not accept for	25106
review under section 3702.52 of the Revised Code any application	25107
for a certificate of need for any of the purposes described in	25108
divisions (B)(1)(a) to (c) of this section.	25109

(2)(a) The director shall accept for review any application	25110
for either of the purposes described in division (B)(1)(a) or (b)	25111
of this section if either of the following apply:	25112

(i) In case of an existing health care facility that is a	25113
nursing home described in section 5123.192 of the Revised Code,	25114
the proposed increase is attributable solely to the replacement of	25115
existing beds within the same county.	25116

(ii) In the case of a health care facility or county home	25117
described in division (B)(1)(a) or (b) of this section, other than	25118
an existing health care facility described in division	25119
(C)(2)(a)(i) of this section, the proposed increase in beds is	25120
attributable solely to a replacement or relocation of existing	25121
beds within the same county. ~~The~~	25122

(b) In the case of an existing health care facility	25123
described in division (C)(2)(a)(i) of this section, the director	25124
shall continue to review and shall issue a decision regarding any	25125
application submitted during the period beginning on July 1, 1993,	25126
and ending on the effective date of this amendment to increase	25127
beds for either of the purposes described in division (B)(1)(a) or	25128
(b) of this section only if the proposed increase in beds is	25129
attributable solely to a relocation of existing beds within the	25130
same county. An existing health care facility described in	25131
division (C)(2)(a)(i) of this section that on or after the	25132
effective date of this amendment seeks to increase beds for either	25133
of the purposes described in division (B)(1)(a) or (b) of this	25134
section shall apply for a license under section 5123.19 of the	25135
Revised Code, as described in division (B) of section 5123.192 of	25136
the Revised Code, if the proposed increase is attributable to a	25137
relocation of existing beds within the same county.	25138

(c) The director shall authorize under ~~such~~ an application	25139
described in division (C)(2)(a) or (b) of this section no	25140
additional beds beyond those being replaced or relocated. ~~The~~	25141

(3) The director also shall accept for review any	25142
application that seeks certificate of need approval for existing	25143
beds located in an infirmary that is operated exclusively by a	25144
religious order, provides care exclusively to members of religious	25145
orders who take vows of celibacy and live by virtue of their vows	25146
within the orders as if related, and was providing care	25147
exclusively to members of such a religious order on January 1,	25148
1994.	25149

(D) The director shall issue a decision regarding any case	25150
remanded by a court as the result of a decision issued by the	25151
director prior to July 1, 1993, to grant, deny, or withdraw a	25152
certificate of need for any of the purposes described in divisions	25153
(B)(1)(a) to (c) of this section.	25154

(E) The director shall not project the need for beds listed	25155
in division (B)(1) of this section for the period beginning July	25156
1, 1993, and ending ~~June 30, 2001~~ October 15, 2003.	25157

This section is an interim section effective until ~~July 1,~~	25158
~~2001~~ October 16, 2003.	25159

Sec. 3704.034. (A) Within sixty days after the director of	25160
environmental protection or ~~his~~ the director's agent or authorized	25161
representative receives ~~an application for the issuance of a~~	25162
~~permit to install pursuant to rules adopted under division (F) of~~	25163
~~section 3704.03 of the Revised Code, an application to modify such~~	25164
~~a permit, or~~ an application for the issuance of an initial permit	25165
to operate, or for the modification or renewal of such a permit,	25166
pursuant to rules adopted under division (G) of section 3704.03 of	25167
the Revised Code, the director shall determine whether the	25168
application is substantially complete or materially deficient and,	25169
in writing, shall notify the applicant of ~~his~~ the director's	25170
determination. If the director fails to make such a completeness	25171
determination and provide written notice of ~~his~~ the determination	25172
to the applicant within sixty days after the application was	25173
submitted, the applicant may submit a written request to the	25174
director for the making of such a completeness determination.	25175

(B) Within thirty days after receiving a written request for	25176
the making of a completeness determination on an application under	25177
division (A) of this section, the director shall determine whether	25178
the application is substantially complete or materially deficient	25179
and, in writing, notify the applicant of ~~his~~ the determination. If	25180
the director fails to make a completeness determination and	25181
provide written notice of ~~his~~ the director's determination to the	25182
applicant within thirty days after receiving the applicant's	25183
written request for the making of the determination, the	25184
application shall be deemed to have been complete in all material	25185
respects at the time that it was submitted to the director or ~~his~~	25186
the director's agent or authorized representative.	25187

(C) If, within the time prescribed in division (A) and, if	25188
applicable, division (B) of this section, the director determines	25189
that an application is materially deficient, the director shall	25190
return the application to the applicant together with the written	25191
notice of material deficiency. The running of the time prescribed	25192
under division (A) and, if applicable, division (B) of this	25193
section ceases at the time that the determination is made. If the	25194
applicant subsequently resubmits the application to the director,	25195
the time prescribed in division (A) of this section and, if	25196
applicable, division (B) of this section shall resume running at	25197
the time that the application is resubmitted. The resubmission of	25198
the application constitutes a request for the making of a	25199
completeness determination on the application. The director shall	25200
do one of the following within the time remaining pursuant to	25201
division (A) and, if applicable, division (B) of this section at	25202
the time that the application is resubmitted:	25203

(1) Make a completeness determination on the application	25204
and, in writing, notify the applicant of ~~his~~ the determination;	25205

(2) Issue or deny or propose to issue or deny the permit or,	25206
modification, or renewal.	25207

(D) The director shall include in each written notice of the	25208
completeness of an application provided under division (A), (B),	25209
or (C)(1) of this section the date on which the application was	25210
determined to be complete.	25211

(E) The director shall issue or deny or propose to issue or	25212
deny ~~a permit to install pursuant to rules adopted under division~~	25213
~~(F) of section 3704.03 of the Revised Code, modification of such a~~	25214
~~permit, or~~ an initial permit to operate, or a modification or	25215
renewal of such a permit, pursuant to rules adopted under division	25216
(G) of section 3704.03 of the Revised Code within one hundred	25217
eighty days after the date that the application for the permit or,	25218
modification, or renewal was determined to be complete as that	25219
date is set forth in the written notice of the determination of	25220
the completeness of the application provided under division (A),	25221
(B), or (C)(1) of this section or within one hundred eighty days	25222
after the application is deemed to be complete under division (B)	25223
of this section, as appropriate. If the director fails to issue	25224
or deny or propose to issue or deny the permit or, modification,	25225
or renewal within the appropriate one-hundred-eighty-day period,	25226
the applicant may bring a mandamus action to obtain a judgment	25227
that orders the director to take a final action on the	25228
application.	25229

(F) The director, upon ~~his~~ the director's own motion or upon	25230
the written request of the applicant and in writing, may extend	25231
the time provided under division (E) of this section for issuing	25232
or denying or proposing to issue or deny the permit or,	25233
modification, or renewal for an additional sixty days if a public	25234
informational meeting or public hearing was held on the	25235
application for the permit or, modification, or renewal.	25236

(G) Upon the written request of the applicant, the director,	25237
in writing, may extend the time provided under division (E) of	25238
this section for issuing or denying or proposing to issue or deny	25239
the permit or, modification, or renewal for the additional time	25240
specified in the applicant's request for the extension.	25241

(H) Upon the written request of the person responsible for a	25242
facility, the director may consolidate or group applications for	25243
the issuance of permits pursuant to rules adopted under	25244
~~divisions(F) or~~ division(G) of section 3704.03 of the Revised	25245
Code, or modifications or renewals of those permits, for	25246
individual air contaminant sources located at the facility in	25247
order to reduce the unnecessary paperwork and administrative	25248
burden to the applicant and the director in connection with the	25249
issuance of those permits, modifications, and renewals. Fees	25250
payable to the director under section 3745.11 of the Revised Code	25251
shall not be reduced by reason of any such consolidation or	25252
grouping of applications for permits, modifications, or renewals.	25253

Sec. 3721.07. (A) Every person desiring to operate a home and	25254
the superintendent or administrator of each county home or	25255
district home for which a license as a residential care facility	25256
is sought shall apply for a license to the director of health. The	25257
director shall issue a license for the home, if after	25258
investigation of the applicant and, if required by section 3721.02	25259
of the Revised Code, inspection of the home, the following	25260
requirements or conditions are satisfied or complied with:	25261

~~(A)~~(1) The applicant has not been convicted of a felony or a	25262
crime involving moral turpitude;	25263

~~(B)~~(2) The applicant is not violating any of the rules made	25264
by the public health council or any order issued by the director	25265
of health;	25266

~~(C)~~(3) The buildings in which the home is housed have been	25267
approved by the state fire marshal or a township, municipal, or	25268
other legally constituted fire department approved by the marshal.	25269
In the approval of a home such agencies shall apply standards	25270
prescribed by the board of building standards, and by the state	25271
fire marshal, and by section 3721.071 of the Revised Code.	25272

~~(D)~~(4) The applicant, if it is an individual, or the	25273
principal participants, if it is an association or a corporation,	25274
is or are suitable financially and morally to operate a home;	25275

~~(E)~~(5) The applicant is equipped to furnish humane, kind,	25276
and adequate treatment and care;	25277

~~(F)~~(6) The home does not maintain or contain:

25278

~~(1)~~(a) Facilities for the performance of major surgical	25279
procedures;	25280

~~(2)~~(b) Facilities for providing therapeutic radiation;

25281

~~(3)~~(c) An emergency ward;

25282

~~(4)~~(d) A clinical laboratory unless it is under the	25283
supervision of a clinical pathologist who is a licensed physician	25284
in this state;	25285

~~(5)~~(e) Facilities for radiological examinations unless such	25286
examinations are performed only by a person licensed to practice	25287
medicine, surgery, or dentistry in this state.	25288

~~(G)~~(7) The home does not accept or treat outpatients, except	25289
upon the written orders of a physician licensed in this state,	25290
maternity cases, boarding children, and does not house transient	25291
guests, other than participants in an adult day-care program, for	25292
twenty-four hours or less;	25293

~~(H)~~(8) The home is in compliance with sections 3721.28 and	25294
3721.29 of the Revised Code.	25295

(B) When the director issues a license, the license shall	25296
remain in effect until revoked by the director or, voided at the	25297
request of the applicant, or terminated as described in division	25298
(D) of this section; provided, there shall be an annual renewal	25299
fee payable during the month of January of each calendar year. Any	25300
licensed home that does not pay its renewal fee in January shall	25301
pay, beginning the first day of February, a late fee of one	25302
hundred dollars for each week or part thereof that the renewal fee	25303
is not paid. If either the renewal fee or the late fee is not	25304
paid by the fifteenth day of February, the director may, in	25305
accordance with Chapter 119. of the Revised Code, revoke the	25306
home's license.	25307

(C) A person whose license is revoked, and a county home or	25308
district home that has its license as a residential care facility	25309
revoked, for any reason other than nonpayment of the license	25310
renewal fee or late fees may not apply for a new license under	25311
this chapter until a period of one year following the date of	25312
revocation has elapsed.	25313

(D) A license issued by the director to a nursing home	25314
described in section 5123.192 of the Revised Code shall terminate	25315
if the nursing home obtains a license under section 5123.19 of the	25316
Revised Code.	25317

(E) Any applicant who is denied a license may appeal in	25318
accordance with Chapter 119. of the Revised Code.	25319

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	25320
Revised Code:	25321

(A) "Home" means all of the following:

25322

(1) A home as defined in section 3721.01 of the Revised	25323
Code;	25324

(2) Any facility or part of a facility not defined as a home	25325
under section 3721.01 of the Revised Code that is certified as a	25326
skilled nursing facility under Title XVIII of the "Social Security	25327
Act," 49 79 Stat. ~~620~~ 286 (~~1935~~ 1965), 42 U.S.C.A. ~~301~~ 1395 and	25328
1396, as amended, or as a nursing facility as defined in section	25329
5111.20 of the Revised Code;	25330

(3) A county home or district home operated pursuant to	25331
Chapter 5155. of the Revised Code.	25332

(B) "Resident" means a resident or a patient of a home.

25333

25334

(1) With respect to a home as defined in section 3721.01 of	25335
the Revised Code, a nursing home administrator as defined in	25336
section 4751.01 of the Revised Code;	25337

(2) With respect to a facility or part of a facility not	25338
defined as a home in section 3721.01 of the Revised Code that is	25339
authorized to provide skilled nursing facility or nursing facility	25340
services, the administrator of the facility or part of a facility;	25341

(3) With respect to a county home or district home, the	25342
superintendent appointed under Chapter 5155. of the Revised Code.	25343

(D) "Sponsor" means an adult relative, friend, or guardian	25344
of a resident who has an interest or responsibility in the	25345
resident's welfare.	25346

(E) "Residents' rights advocate" means:

25347

(1) An employee or representative of any state or local	25348
government entity that has a responsibility regarding residents	25349
and that has registered with the department of health under	25350
division (B) of section 3701.07 of the Revised Code;	25351

(2) An employee or representative of any private nonprofit	25352
corporation or association that qualifies for tax-exempt status	25353
under section 501(a) of the "Internal Revenue Code of 1986," 100	25354
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	25355
with the department of health under division (B) of section	25356
3701.07 of the Revised Code and whose purposes include educating	25357
and counseling residents, assisting residents in resolving	25358
problems and complaints concerning their care and treatment, and	25359
assisting them in securing adequate services to meet their needs;	25360

(3) A member of the general assembly.

25361

(F) "Physical restraint" means, but is not limited to, any	25362
article, device, or garment that interferes with the free movement	25363
of the resident and that he the resident is unable to remove	25364
easily, a geriatric chair, or a locked room door.	25365

(G) "Chemical restraint" means any medication bearing the	25366
American hospital formulary service therapeutic class 4.00,	25367
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	25368
central nervous system in a manner that limits physical and	25369
cognitive functioning to the degree that the resident cannot	25370
attain ~~his~~ the resident's highest practicable physical, mental,	25371
and psychosocial well-being.	25372

(H) "Ancillary service" means, but is not limited to,	25373
podiatry, dental, hearing, vision, physical therapy, occupational	25374
therapy, speech therapy, and psychological and social services.	25375

(I) "Facility" means a facility, or part of a facility,	25376
certified as a nursing facility or skilled nursing facility under	25377
Title XVIII or Title XIX of the "Social Security Act." "Facility"	25378
does not include an intermediate care facility for the mentally	25379
retarded, as defined in section 5111.20 of the Revised Code.	25380

(J) "Medicare" means the program established by Title XVIII	25381
of the "Social Security Act."	25382

(K) "Medicaid" means the program established by Title XIX of	25383
the "Social Security Act" and Chapter 5111. of the Revised Code.	25384

Sec. 3721.12. (A) The administrator of a home shall:

25385

(1) With the advice of residents, their sponsors, or both,	25386
establish and review at least annually, written policies regarding	25387
the applicability and implementation of residents' rights under	25388
sections 3721.10 to 3721.17 of the Revised Code, the	25389
responsibilities of residents regarding the rights, and the home's	25390
grievance procedure established under division (A)(2) of this	25391
section. The administrator is responsible for the development of,	25392
and adherence to, procedures implementing the policies.	25393

(2) Establish a grievance committee for review of complaints	25394
by residents. The grievance committee shall be comprised of the	25395
home's staff and residents, sponsors, or outside representatives	25396
in a ratio of not more than one staff member to every two	25397
residents, sponsors, or outside representatives.	25398

(3) Furnish to each resident and sponsor prior to or at the	25399
time of admission, and to each member of the home's staff, at	25400
least one of each of the following:	25401

(a) A copy of the rights established under sections 3721.10	25402
to 3721.17 of the Revised Code;	25403

(b) A written explanation of the provisions of ~~section~~	25404
sections 3721.16 to 3721.162 of the Revised Code;	25405

(c) A copy of the home's policies and procedures established	25406
under this section;	25407

(d) A copy of the home's rules;

25408

(e) A copy of the addresses and telephone numbers of the	25409
board of health of the health district of the county in which the	25410
home is located, the county department of job and family services	25411
of the county in which the home is located, the state departments	25412
of health and job and family services, the state and local offices	25413
of the department of aging, and any Ohio nursing home ombudsperson	25414
program.	25415

(B) Written acknowledgment of the receipt of copies of the	25416
materials listed in this section shall be made part of the	25417
resident's record and the staff member's personnel record.	25418

(C) The administrator shall post all of the following	25419
prominently within the home:	25420

(1) A copy of the rights of residents as listed in division	25421
(A) of section 3721.13 of the Revised Code;	25422

(2) A copy of the home's rules and its policies and	25423
procedures regarding the rights and responsibilities of residents;	25424

(3) A notice that a copy of this chapter, rules of the	25425
department of health applicable to the home, and federal	25426
regulations adopted under ~~Titles XVIII and XIX of the "Social~~	25427
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~	25428
the medicare and medicaid programs, and the materials required to	25429
be available in the home under section 3721.021 of the Revised	25430
Code, are available for inspection in the home at reasonable	25431
hours;	25432

(4) A list of residents' rights advocates;

25433

(5) A notice that the following are available in a place	25434
readily accessible to residents:	25435

(a) If the home is licensed under section 3721.02 of the	25436
Revised Code, a copy of the most recent licensure inspection	25437
report prepared for the home under that section;	25438

(b) If the home is a ~~nursing~~ facility ~~as defined in section~~	25439
~~5111.20 of the Revised Code~~, a copy of the most recent statement	25440
of deficiencies issued to the home under section 5111.42 of the	25441
Revised Code.	25442

(D) The administrator of a home may, with the advice of	25443
residents, their sponsors, or both, establish written policies	25444
regarding the applicability and administration of any additional	25445
residents' rights beyond those set forth in sections 3721.10 to	25446
3721.17 of the Revised Code, and the responsibilities of residents	25447
regarding the rights. Policies established under this division	25448
shall be reviewed, and procedures developed and adhered to as in	25449
division (A)(1) of this section.	25450

Sec. 3721.13. (A) The rights of residents of a home shall	25451
include, but are not limited to, the following:	25452

(1) The right to a safe and clean living environment	25453
pursuant to ~~Titles XVIII and XIX of the "Social Security Act," 49~~	25454
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ the medicare and	25455
medicaid programs and applicable state laws and regulations	25456
prescribed by the public health council;	25457

(2) The right to be free from physical, verbal, mental, and	25458
emotional abuse and to be treated at all times with courtesy,	25459
respect, and full recognition of dignity and individuality;	25460

(3) Upon admission and thereafter, the right to adequate and	25461
appropriate medical treatment and nursing care and to other	25462
ancillary services that comprise necessary and appropriate care	25463
consistent with the program for which the resident contracted.	25464
This care shall be provided without regard to considerations such	25465
as race, color, religion, national origin, age, or source of	25466
payment for care.	25467

(4) The right to have all reasonable requests and inquiries	25468
responded to promptly;	25469

(5) The right to have clothes and bed sheets changed as the	25470
need arises, to ensure the resident's comfort or sanitation;	25471

(6) The right to obtain from the home, upon request, the	25472
name and any specialty of any physician or other person	25473
responsible for the resident's care or for the coordination of	25474
care;	25475

(7) The right, upon request, to be assigned, within the	25476
capacity of the home to make the assignment, to the staff	25477
physician of the resident's choice, and the right, in accordance	25478
with the rules and written policies and procedures of the home, to	25479
select as the attending physician a physician who is not on the	25480
staff of the home. If the cost of a physician's services is to be	25481
met under a federally supported program, the physician shall meet	25482
the federal laws and regulations governing such services.	25483

(8) The right to participate in decisions that affect the	25484
resident's life, including the right to communicate with the	25485
physician and employees of the home in planning the resident's	25486
treatment or care and to obtain from the attending physician	25487
complete and current information concerning medical condition,	25488
prognosis, and treatment plan, in terms the resident can	25489
reasonably be expected to understand; the right of access to all	25490
information in ~~his~~ the resident's medical record; and the right to	25491
give or withhold informed consent for treatment after the	25492
consequences of that choice have been carefully explained. When	25493
the attending physician finds that it is not medically advisable	25494
to give the information to the resident, the information shall be	25495
made available to the resident's sponsor on the resident's behalf,	25496
if the sponsor has a legal interest or is authorized by the	25497
resident to receive the information. The home is not liable for a	25498
violation of this division if the violation is found to be the	25499
result of an act or omission on the part of a physician selected	25500
by the resident who is not otherwise affiliated with the home.	25501

(9) The right to withhold payment for physician visitation	25502
if the physician did not visit the resident;	25503

(10) The right to confidential treatment of personal and	25504
medical records, and the right to approve or refuse the release of	25505
these records to any individual outside the home, except in case	25506
of transfer to another home, hospital, or health care system, as	25507
required by law or rule, or as required by a third-party payment	25508
contract;	25509

(11) The right to privacy during medical examination or	25510
treatment and in the care of personal or bodily needs;	25511

(12) The right to refuse, without jeopardizing access to	25512
appropriate medical care, to serve as a medical research subject;	25513

(13) The right to be free from physical or chemical	25514
restraints or prolonged isolation except to the minimum extent	25515
necessary to protect the resident from injury to ~~himself~~ self,	25516
others, or to property and except as authorized in writing by the	25517
attending physician for a specified and limited period of time and	25518
documented in the resident's medical record. Prior to authorizing	25519
the use of a physical or chemical restraint on any resident, the	25520
attending physician shall make a personal examination of the	25521
resident and an individualized determination of the need to use	25522
the restraint on that resident.	25523

Physical or chemical restraints or isolation may be used in	25524
an emergency situation without authorization of the attending	25525
physician only to protect the resident from injury to ~~himself~~ self	25526
or others. Use of the physical or chemical restraints or	25527
isolation shall not be continued for more than twelve hours after	25528
the onset of the emergency without personal examination and	25529
authorization by the attending physician. The attending physician	25530
or a staff physician may authorize continued use of physical or	25531
chemical restraints for a period not to exceed thirty days, and at	25532
the end of this period and any subsequent period may extend the	25533
authorization for an additional period of not more than thirty	25534
days. The use of physical or chemical restraints shall not be	25535
continued without a personal examination of the resident and the	25536
written authorization of the attending physician stating the	25537
reasons for continuing the restraint.	25538

If physical or chemical restraints are used under this	25539
division, the home shall ensure that the restrained resident	25540
receives a proper diet. In no event shall physical or chemical	25541
restraints or isolation be used for punishment, incentive, or	25542
convenience.	25543

(14) The right to the pharmacist of the resident's choice	25544
and the right to receive pharmaceutical supplies and services at	25545
reasonable prices not exceeding applicable and normally accepted	25546
prices for comparably packaged pharmaceutical supplies and	25547
services within the community;	25548

(15) The right to exercise all civil rights, unless the	25549
resident has been adjudicated incompetent pursuant to Chapter	25550
2111. of the Revised Code and has not been restored to legal	25551
capacity, as well as the right to the cooperation of the home's	25552
administrator in making arrangements for the exercise of the right	25553
to vote;	25554

(16) The right of access to opportunities that enable the	25555
resident, at ~~his~~ the resident's own expense or at the expense of a	25556
third-party payer, to achieve ~~his~~ the resident's fullest	25557
potential, including educational, vocational, social,	25558
recreational, and habilitation programs;	25559

(17) The right to consume a reasonable amount of alcoholic	25560
beverages at ~~his~~ the resident's own expense, unless not medically	25561
advisable as documented in ~~his~~ the resident's medical record by	25562
the attending physician or unless contradictory to written	25563
admission policies;	25564

(18) The right to use tobacco at ~~his~~ the resident's own	25565
expense under the home's safety rules and under applicable laws	25566
and rules of the state, unless not medically advisable as	25567
documented in ~~his~~ the resident's medical record by the attending	25568
physician or unless contradictory to written admission policies;	25569

(19) The right to retire and rise in accordance with ~~his~~ the	25570
resident's reasonable requests, if he the resident does not	25571
disturb others or the posted meal schedules and upon the home's	25572
request remains in a supervised area, unless not medically	25573
advisable as documented by the attending physician;	25574

(20) The right to observe religious obligations and	25575
participate in religious activities; the right to maintain	25576
individual and cultural identity; and the right to meet with and	25577
participate in activities of social and community groups at the	25578
resident's or the group's initiative;	25579

(21) The right upon reasonable request to private and	25580
unrestricted communications with ~~his~~ the resident's family, social	25581
worker, and any other person, unless not medically advisable as	25582
documented in ~~his~~ the resident's medical record by the attending	25583
physician, except that communications with public officials or	25584
with ~~his~~ the resident's attorney or physician shall not be	25585
restricted. Private and unrestricted communications shall	25586
include, but are not limited to, the right to:	25587

(a) Receive, send, and mail sealed, unopened correspondence;

25588

(b) Reasonable access to a telephone for private	25589
communications;	25590

25591

(22) The right to assured privacy for visits by the spouse,	25592
or if both are residents of the same home, the right to share a	25593
room within the capacity of the home, unless not medically	25594
advisable as documented in ~~his~~ the resident's medical record by	25595
the attending physician;	25596

(23) The right upon reasonable request to have room doors	25597
closed and to have them not opened without knocking, except in the	25598
case of an emergency or unless not medically advisable as	25599
documented in ~~his~~ the resident's medical record by the attending	25600
physician;	25601

(24) The right to retain and use personal clothing and a	25602
reasonable amount of possessions, in a reasonably secure manner,	25603
unless to do so would infringe on the rights of other residents or	25604
would not be medically advisable as documented in ~~his~~ the	25605
resident's medical record by the attending physician;	25606

(25) The right to be fully informed, prior to or at the time	25607
of admission and during ~~his~~ the resident's stay, in writing, of	25608
the basic rate charged by the home, of services available in the	25609
home, and of any additional charges related to such services,	25610
including charges for services not covered under ~~Titles XVIII and~~	25611
~~XIX of the "Social Security Act~~ the medicare or medicaid program."	25612
The basic rate shall not be changed unless thirty days notice is	25613
given to the resident or, if the resident is unable to understand	25614
this information, to ~~his~~ the resident's sponsor.	25615

(26) The right of the resident and person paying for the	25616
care to examine and receive a bill at least monthly for the	25617
resident's care from the home that itemizes charges not included	25618
in the basic rates;	25619

(27)(a) The right to be free from financial exploitation;

25620

(b) The right to manage ~~his~~ the resident's own personal	25621
financial affairs, or, if he the resident has delegated this	25622
responsibility in writing to the home, to receive upon written	25623
request at least a quarterly accounting statement of financial	25624
transactions made on ~~his~~ the resident's behalf. The statement	25625
shall include:	25626

(i) A complete record of all funds, personal property, or	25627
possessions of a resident from any source whatsoever, that have	25628
been deposited for safekeeping with the home for use by the	25629
resident or ~~his~~ the resident's sponsor;	25630

(ii) A listing of all deposits and withdrawals transacted,	25631
which shall be substantiated by receipts which shall be available	25632
for inspection and copying by the resident or sponsor.	25633

(28) The right of the resident to be allowed unrestricted	25634
access to ~~his~~ the resident's property on deposit at reasonable	25635
hours, unless requests for access to property on deposit are so	25636
persistent, continuous, and unreasonable that they constitute a	25637
nuisance;	25638

(29) The right to receive reasonable notice before ~~his~~ the	25639
resident's room or roommate is changed, including an explanation	25640
of the reason for either change.	25641

(30) The right not to be transferred or discharged from the	25642
home ~~except for medical reasons, for his welfare or another~~	25643
~~resident's, for nonpayment of charges due the home, if the home's~~	25644
~~license is revoked under this chapter, if the home is being closed~~	25645
~~pursuant to sections 5111.35 to 5111.62 or section 5155.31 of the~~	25646
~~Revised Code, if he is a recipient of medical assistance under~~	25647
~~section 5111.01 of the Revised Code in a home whose participation~~	25648
~~in the medical assistance program is terminated or denied, or if~~	25649
~~he is a beneficiary under Title XVIII of the "Social Security Act"~~	25650
~~in a home whose certification under Title XVIII is terminated or~~	25651
~~denied~~ unless the transfer is necessary because of one of the	25652
following:	25653

(a) The welfare and needs of the resident cannot be met in	25654
the home.	25655

(b) The resident's health has improved sufficiently so that	25656
the resident no longer needs the services provided by the home.	25657

25658

(d) The health of individuals in the home would otherwise	25659
be endangered.	25660

(e) The resident has failed, after reasonable and	25661
appropriate notice, to pay for a stay at the home, regardless of	25662
the method of payment.	25663

(f) The home's license has been revoked, the home is being	25664
closed pursuant to sections 5111.35 to 5111.62 or section 5155.31	25665
of the Revised Code, or the home otherwise ceases to operate.	25666

(g) The resident is a recipient of medicaid, and the home's	25667
participation in the medicaid program is involuntarily terminated	25668
or denied.	25669

(h) The resident is a beneficiary under the medicare	25670
program, and the home's participation in the medicare program is	25671
involuntarily terminated or denied.	25672

(31) The right to voice grievances and recommend changes in	25673
policies and services to the home's staff, to employees of the	25674
department of health, or to other persons not associated with the	25675
operation of the home, of the resident's choice, free from	25676
restraint, interference, coercion, discrimination, or reprisal.	25677
This right includes access to a residents' rights advocate, and	25678
the right to be a member of, to be active in, and to associate	25679
with persons who are active in organizations of relatives and	25680
friends of nursing home residents and other organizations engaged	25681
in assisting residents.	25682

(32) The right to have any significant change in ~~his~~ the	25683
resident's health status reported to ~~his~~ the resident's sponsor.	25684
As soon as such a change is known to the home's staff, the home	25685
shall make a reasonable effort to notify the sponsor within twelve	25686
hours.	25687

(B) A sponsor may act on a resident's behalf to assure that	25688
the home does not deny the residents' rights under sections	25689
3721.10 to 3721.17 of the Revised Code.	25690

(C) Any attempted waiver of the rights listed in division	25691
(A) of this section is void.	25692

Sec. 3721.15. (A) Authorization from a resident or a	25693
sponsor with a power of attorney for a home to manage the	25694
resident's financial affairs shall be in writing and shall be	25695
attested to by a witness who is not connected in any manner	25696
whatsoever with the home or its administrator. The home shall	25697
maintain accounts pursuant to division (A)(27) of section 3721.13	25698
of the Revised Code. Upon the resident's transfer, discharge, or	25699
death, the account shall be closed and a final accounting made.	25700
All remaining funds shall be returned to the resident or	25701
resident's sponsor, except in the case of death, when all	25702
remaining funds shall be transferred or used in accordance with	25703
section 5111.112 of the Revised Code.	25704

(B) A home that manages a resident's financial affairs shall	25705
deposit the resident's funds in excess of one hundred dollars, and	25706
may deposit the resident's funds that are one hundred dollars or	25707
less, in an interest-bearing account separate from any of the	25708
home's operating accounts. Interest earned on the resident's	25709
funds shall be credited to the resident's account. A resident's	25710
funds that are one hundred dollars or less and have not been	25711
deposited in an interest-bearing account may be deposited in a	25712
noninterest-bearing account or petty cash fund.	25713

(C) Each resident whose financial affairs are managed by a	25714
home shall be promptly notified by the home when the total of the	25715
amount of funds in the resident's accounts and the petty cash fund	25716
plus other nonexempt resources reaches two hundred dollars less	25717
than the maximum amount permitted a recipient of ~~medical~~	25718
~~assistance under Chapter 5111. of the Revised Code~~ medicaid. The	25719
notice shall include an explanation of the potential effect on the	25720
resident's eligibility for ~~medical assistance~~ medicaid if the	25721
amount in the resident's accounts and the petty cash fund, plus	25722
the value of other nonexempt resources, exceeds the maximum assets	25723
a medicaid recipient ~~of medical assistance~~ may retain.	25724

(D) Each home that manages the financial affairs of	25725
residents shall purchase a surety bond or otherwise provide	25726
assurance satisfactory to the director of health, or, in the case	25727
of a home that participates in the ~~medical assistance~~ medicaid	25728
program ~~established under section 5111.01 of the Revised Code~~, to	25729
the director of job and family services, to assure the security of	25730
all residents' funds managed by the home.	25731

Sec. 3721.16. For each resident of a home, notice of a	25732
proposed transfer or discharge shall be in accordance with this	25733
section.	25734

(A)(1) ~~Except in an emergency or unless authorized by statute~~	25735
~~or by rules of the director of health, the~~ The administrator of a	25736
home shall notify a resident in writing, and the resident's	25737
sponsor in writing by certified mail, return receipt requested, in	25738
advance of any proposed transfer or discharge from the home. The	25739
administrator shall send a copy of the notice to the state	25740
department of health. The notice shall be provided at least	25741
thirty days in advance of the proposed transfer or discharge,	25742
unless ~~either~~ any of the following applies:	25743

(a) The resident's health has improved sufficiently to allow	25744
a more immediate discharge or transfer to a less skilled level of	25745
care;	25746

(b) The resident has resided in the home less than thirty	25747
days;	25748

(c) An emergency arises in which the safety of individuals	25749
in the home is endangered;	25750

(d) An emergency arises in which the health of individuals	25751
in the home would otherwise be endangered;	25752

(e) An emergency arises in which the resident's urgent	25753
medical needs necessitate a more immediate transfer or discharge.	25754

In ~~the case~~ any of ~~a resident~~ the circumstances described in	25755
~~division~~ divisions (A)(1)(a) ~~or (b)~~ to (e) of this section, the	25756
notice shall be provided as many days in advance of the proposed	25757
transfer or discharge as is practicable.	25758

(2) The notice required under division (A)(1) of this	25759
section shall include all of the following:	25760

(a) The reasons for the proposed transfer or discharge;

25761

(b) The proposed date the resident is to be transferred or	25762
discharged;	25763

(c) The proposed location to which the resident is to be	25764
transferred or discharged;	25765

(d) Notice of the right of the resident and ~~his~~ the	25766
resident's sponsor to an impartial hearing at the home on the	25767
proposed transfer or discharge, and of the manner in which and the	25768
time within which the resident or ~~his~~ sponsor may request a	25769
hearing under division ~~(C)~~(D) of this section;	25770

(e) A statement that the resident will not be transferred or	25771
discharged before the date specified in the notice unless the home	25772
and the resident or, if the resident is not competent to make a	25773
decision, the home and the resident's sponsor, agree to an earlier	25774
date;	25775

~~(c)~~(f) The address of the legal services office of the	25776
department of health;	25777

~~(d)~~(g) The name, address, and telephone number of a	25778
representative of the state long-term care ~~ombudsman~~ ombudsperson	25779
program and, if the resident or patient has a developmental	25780
disability or mental illness, the name, address, and telephone	25781
number of the Ohio legal rights service.	25782

(B) No home shall transfer or discharge a resident before the	25783
date specified in the notice required by division (A) of this	25784
section unless the home and the resident or, if the resident is	25785
not competent to make a decision, the home and the resident's	25786
sponsor, agree to an earlier date.	25787

(C) Transfer or discharge actions shall be documented in	25788
the resident's medical record by the home if there is a medical	25789
basis for the action.	25790

~~(C)~~(D) A resident or ~~his~~ resident's sponsor may challenge a	25791
transfer or discharge by requesting an impartial hearing ~~at the~~	25792
~~home~~ pursuant to section 3721.161 of the Revised Code, unless the	25793
transfer or discharge is required because of ~~an emergency or~~ one	25794
of the following reasons:	25795

(1) The home's license has been revoked under this chapter;

25796

(2) The home is being closed pursuant to sections 5111.35 to	25797
5111.62 or section 5155.31 of the Revised Code;	25798

~~(3) The resident is a recipient of medical assistance under~~	25799
~~section 5111.01 of the Revised Code and the home's participation~~	25800
~~in the medical assistance program has been terminated or denied;~~	25801

~~(4) The resident is a beneficiary under Title XVIII of the~~	25802
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	25803
~~amended and the home's certification under Title XVIII has been~~	25804
~~terminated or denied.~~	25805

~~A request for a hearing under this section shall be sent in~~	25806
~~writing to the legal services office of the department of health~~	25807
~~not later than ten days after the resident and his sponsor receive~~	25808
~~notice of the proposed transfer or discharge. A hearing shall be~~	25809
~~held within ten days by the department of health. A~~	25810
~~representative of the department shall preside over the hearing~~	25811
~~and issue a recommendation within five days as to any advisable~~	25812
~~action to the administrator, the resident, and any interested~~	25813
~~sponsor~~.	25814

(E) If a resident is transferred or discharged pursuant to	25815
this section, the home from which the resident is being	25816
transferred or discharged shall provide the resident with adequate	25817
preparation prior to the transfer or discharge to ensure a safe	25818
and orderly transfer or discharge from the home, and the home or	25819
alternative setting to which the resident is to be transferred or	25820
discharged shall have accepted the resident for transfer or	25821
discharge.	25822

~~(D) An impartial hearing on resident transfer or discharge~~	25823
~~is not subject to section 121.22 of the Revised Code.~~	25824

~~(E) At the time of a transfer or discharge of a resident who~~	25825
~~is a recipient of medical assistance under section 5111.01 of the~~	25826
~~Revised Code from a home to a hospital or for therapeutic leave,~~	25827
~~the home shall provide notice in writing to the resident and in~~	25828
~~writing by certified mail, return receipt requested, to the~~	25829
~~resident's sponsor, specifying the number of days, if any, during~~	25830
~~which the resident will be permitted under the medical assistance~~	25831
~~program to return and resume residence in the home and specifying~~	25832
~~the medical assistance program's coverage of the days during which~~	25833
~~the resident is absent from the home. An individual who is absent~~	25834
~~from a home for more than the number of days specified in the~~	25835
~~notice and continues to require the services provided by the~~	25836
~~facility shall be given priority for the first available bed in a~~	25837
~~semi-private room.~~	25838

Sec. 3721.161. (A) Not later than ninety days after the date	25839
a resident or the resident's sponsor receives notice of a proposed	25840
transfer or discharge, whichever is later, the resident or	25841
resident's sponsor may challenge the proposed transfer or	25842
discharge by submitting a written request for a hearing to the	25843
state department of health. On receiving the request, the	25844
department shall conduct a hearing in accordance with section	25845
3721.162 of the Revised Code to determine whether the proposed	25846
transfer or discharge complies with division (A)(30) of section	25847
3721.13 of the Revised Code.	25848

(B) Except in the circumstances described in divisions	25849
(A)(1)(a) to (e) of section 3721.16 of the Revised Code, if a	25850
resident or resident's sponsor submits a hearing request pursuant	25851
to division (A) of this section, the home shall not transfer or	25852
discharge the resident unless the department determines after the	25853
hearing that the transfer or discharge complies with division	25854
(A)(30) of section 3721.13 of the Revised Code.	25855

(C) If a resident or resident's sponsor does not request a	25856
hearing pursuant to division (A) of this section, the home may	25857
transfer or discharge the resident on the date specified in the	25858
notice required by division (A) of section 3721.16 of the Revised	25859
Code or thereafter, unless the home and the resident or, if the	25860
resident is not competent to make a decision, the home and the	25861
resident's sponsor, agree to an earlier date.	25862

(D) If the resident or resident's sponsor requests a	25863
hearing in writing pursuant to division (A) of this section and	25864
the home transfers or discharges the resident before the	25865
department issues a hearing decision, the home shall readmit the	25866
resident in the first available bed if the department determines	25867
after the hearing that the transfer or discharge does not comply	25868
with division (A)(30) of section 3721.13 of the Revised Code.	25869

Sec. 3721.162. (A) On receiving a request pursuant to	25870
section 3721.161 of the Revised Code, the department of health	25871
shall conduct hearings under this section in accordance with 42	25872
C.F.R. 431, subpart E, to determine whether the proposed transfer	25873
or discharge complies with division (A)(30) of section 3721.13 of	25874
the Revised Code.	25875

(B) The department shall employ or contract with an	25876
attorney to serve as hearing officer. The hearing officer shall	25877
conduct a hearing in the home and issue a decision not later than	25878
thirty days after the date the department receives a request	25879
pursuant to section 3721.161 of the Revised Code, unless the	25880
resident and the home or, if the resident is not competent to make	25881
a decision, the resident's sponsor and the home, agree otherwise.	25882
The hearing shall be recorded on audiotape, but neither the	25883
recording nor a transcript of the recording shall be part of the	25884
official record of the hearing. A hearing conducted under this	25885
section is not subject to section 121.22 of the Revised Code.	25886

(C) The hearing officer's decision shall be served on the	25887
resident or resident's sponsor and the home by certified mail. The	25888
hearing officer's decision shall be considered the final decision	25889
of the department.	25890

(D) A resident, resident's sponsor, or home may appeal the	25891
decision of the department to the court of common pleas pursuant	25892
to section 119.12 of the Revised Code. The appeal shall be	25893
governed by section 119.12 of the Revised Code, except for all of	25894
the following:	25895

(1) The resident, resident's sponsor, or home shall file	25896
the appeal in the court of common pleas of the county in which the	25897
home is located.	25898

(2) The resident or resident's sponsor may apply to the	25899
court for designation as an indigent and, if the court grants the	25900
application, the resident or resident's sponsor shall not be	25901
required to furnish the costs of the appeal.	25902

(3) The appeal shall be filed with the department and the	25903
court within thirty days after the hearing officer's decision is	25904
served. The appealing party shall serve the opposing party a copy	25905
of the notice of appeal by hand-delivery or certified mail, return	25906
receipt requested. If the home is the appealing party, it shall	25907
provide a copy of the notice of appeal to both the resident and	25908
the resident's sponsor or attorney.	25909

(4) The department shall not file a transcript of the	25910
hearing with the court unless the court orders it to do so. The	25911
court shall issue such an order only if it finds that the parties	25912
are unable to stipulate to the facts of the case and that the	25913
transcript is essential to the determination of the appeal. If	25914
the court orders the department to file the transcript, the	25915
department shall do so not later than thirty days after the day	25916
the court issues the order.	25917

(E) The court shall not require an appellant to pay a	25918
bond as a condition of issuing a stay pending its decision.	25919

(F) The resident, resident's sponsor, home, or department	25920
may commence a civil action in the court of common pleas of the	25921
county in which the home is located to enforce the decision of the	25922
department or the court. If the court finds that the resident or	25923
home has not complied with the decision, it shall enjoin the	25924
violation and order other appropriate relief, including attorney's	25925
fees.	25926

Sec. 3721.17. (A) Any resident who believes that the	25927
resident's rights under sections 3721.10 to 3721.17 of the Revised	25928
Code have been violated may file a grievance under procedures	25929
adopted pursuant to division (A)(2) of section 3721.12 of the	25930
Revised Code.	25931

When the grievance committee determines a violation of	25932
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	25933
shall notify the administrator of the home. If the violation	25934
cannot be corrected within ten days, or if ten days have elapsed	25935
without correction of the violation, the grievance committee shall	25936
refer the matter to the department of health.	25937

(B) Any person who believes that a resident's rights under	25938
sections 3721.10 to 3721.17 of the Revised Code have been violated	25939
may report or cause reports to be made of the information directly	25940
to the department of health. No person who files a report is	25941
liable for civil damages resulting from the report.	25942

(C)(1) Within thirty days of receiving a complaint under	25943
this section, the department of health shall investigate any	25944
complaint referred to it by a home's grievance committee and any	25945
complaint from any source that alleges that the home provided	25946
substantially less than adequate care or treatment, or	25947
substantially unsafe conditions, or, within seven days of	25948
receiving a complaint, refer it to the attorney general, if the	25949
attorney general agrees to investigate within thirty days.	25950

(2) Within thirty days of receiving a complaint under this	25951
section, the department of health may investigate any alleged	25952
violation of sections 3721.10 to 3721.17 of the Revised Code, or	25953
of rules, policies, or procedures adopted pursuant to those	25954
sections, not covered by division (C)(1) of this section, or it	25955
may, within seven days of receiving a complaint, refer the	25956
complaint to the grievance committee at the home where the alleged	25957
violation occurred, or to the attorney general if the attorney	25958
general agrees to investigate within thirty days.	25959

(D) If, after an investigation, the department of health	25960
finds probable cause to believe that a violation of sections	25961
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	25962
procedures adopted pursuant to those sections, has occurred at a	25963
home that is certified under ~~Title XVIII or XIX of the "Social~~	25964
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~	25965
the medicare or medicaid program, it shall cite one or more	25966
findings or deficiencies under sections 5111.35 to 5111.62 of the	25967
Revised Code. If the home is not so certified, the department	25968
shall hold an adjudicative hearing within thirty days under	25969
Chapter 119. of the Revised Code.	25970

(E) Upon a finding at an adjudicative hearing under division	25971
(D) of this section that a violation of sections 3721.10 to	25972
3721.17 of the Revised Code, or of rules, policies, or procedures	25973
adopted pursuant thereto, has occurred, the department of health	25974
shall make an order for compliance, set a reasonable time for	25975
compliance, and assess a fine pursuant to division (F) of this	25976
section. The fine shall be paid to the general revenue fund only	25977
if compliance with the order is not shown to have been made within	25978
the reasonable time set in the order. The department of health	25979
may issue an order prohibiting the continuation of any violation	25980
of sections 3721.10 to 3721.17 of the Revised Code.	25981

Findings at the hearings conducted under this section may be	25982
appealed pursuant to Chapter 119. of the Revised Code, except that	25983
an appeal may be made to the court of common pleas of the county	25984
in which the home is located.	25985

The department of health shall initiate proceedings in court	25986
to collect any fine assessed under this section which is unpaid	25987
thirty days after the violator's final appeal is exhausted.	25988

(F) Any home found, pursuant to an adjudication hearing	25989
under division (D) of this section, to have violated sections	25990
3721.10 to 3721.17 of the Revised Code, or rules, policies, or	25991
procedures adopted pursuant to those sections may be fined not	25992
less than one hundred nor more than five hundred dollars for a	25993
first offense. For each subsequent offense, the home may be fined	25994
not less than two hundred nor more than one thousand dollars.	25995

A violation of sections 3721.10 to 3721.17 of the Revised	25996
Code is a separate offense for each day of the violation and for	25997
each resident who claims the violation.	25998

(G) No home or employee of a home shall retaliate against	25999
any person who:	26000

(1) Exercises any right set forth in sections 3721.10 to	26001
3721.17 of the Revised Code, including, but not limited to, filing	26002
a complaint with the home's grievance committee or reporting an	26003
alleged violation to the department of health;	26004

(2) Appears as a witness in any hearing conducted under this	26005
section ~~and~~ or section ~~3721.16~~ 3721.162 of the Revised Code;	26006

(3) Files a civil action alleging a violation of sections	26007
3721.10 to 3721.17 of the Revised Code, or notifies a county	26008
prosecuting attorney or the attorney general of a possible	26009
violation of sections 3721.10 to 3721.17 of the Revised Code.	26010

If, under the procedures outlined in this section, a home or	26011
its employee is found to have retaliated, the violator may be	26012
fined up to one thousand dollars.	26013

(H) When legal action is indicated, any evidence of criminal	26014
activity found in an investigation under division (C) of this	26015
section shall be given to the prosecuting attorney in the county	26016
in which the home is located for investigation.	26017

(I)(1) Any resident whose rights under sections 3721.10 to	26018
3721.17 of the Revised Code are violated has a cause of action	26019
against any person or home committing the violation. The action	26020
may be commenced by the resident or by the resident's sponsor on	26021
behalf of the resident.	26022

(2)(a) If compensatory damages are awarded for a violation	26023
of the resident's rights, section 2315.21 of the Revised Code,	26024
except divisions (E)(1) and (2) of that section, shall apply to an	26025
award of punitive or exemplary damages for the violation.	26026

(b) The court may award to the prevailing party reasonable	26027
attorney's fees limited to the work reasonably performed.	26028

(3) Division (I)(2)(a) of this section shall be considered	26029
to be purely remedial in operation and shall be applied in a	26030
remedial manner in any civil action in which this section is	26031
relevant, whether the action is pending in court or commenced on	26032
or after ~~the effective date of this amendment~~ July 9, 1998.	26033

Sec. 3721.51. The department of job and family services	26034
shall:	26035

(A) For the ~~purpose of providing home and community-based~~	26036
~~services to elderly and disabled persons~~ purposes specified in	26037
section 3721.56 of the Revised Code, determine an annual franchise	26038
permit fee on each nursing home in an amount equal to four dollars	26039
for fiscal years 2002 and 2003, and one dollar for each fiscal	26040
year thereafter, multiplied by the product of the following:	26041

(1) The number of beds licensed as nursing home beds, plus	26042
any other beds certified as skilled nursing facility beds under	26043
Title XVIII or nursing facility beds under Title XIX of the	26044
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	26045
amended, on July 1, 1993, and, for each subsequent year, the first	26046
day of May of the calendar year in which the fee is determined	26047
pursuant to division (A) of section 3721.53 of the Revised Code;	26048

(2) The number of days in fiscal year 1994 and, for each	26049
subsequent year, the number of days in the fiscal year beginning	26050
on the first day of July of the calendar year in which the fee is	26051
determined pursuant to division (A) of section 3721.53 of the	26052
Revised Code.	26053

(B) For the ~~purpose of providing home and community-based~~	26054
~~services to elderly and disabled persons~~ purposes specified in	26055
section 3721.56 of the Revised Code, determine an annual franchise	26056
permit fee on each hospital in an amount equal to four dollars for	26057
fiscal years 2002 and 2003, and one dollar for each fiscal year	26058
thereafter, multiplied by the product of the following:	26059

(1) The number of beds registered pursuant to section	26060
3701.07 of the Revised Code as skilled nursing facility beds or	26061
long-term care beds, plus any other beds licensed as nursing home	26062
beds under section 3721.02 or 3721.09 of the Revised Code, on July	26063
1, 1993, and, for each subsequent year, the first day of May of	26064
the calendar year in which the fee is determined pursuant to	26065
division (A) of section 3721.53 of the Revised Code;	26066

(2) The number of days in fiscal year 1994 and, for each	26067
subsequent year, the number of days in the fiscal year beginning	26068
on the first day of July of the calendar year in which the fee is	26069
determined pursuant to division (A) of section 3721.53 of the	26070
Revised Code.	26071

If the United States health care financing administration	26072
determines that the franchise permit fee established by sections	26073
3721.50 through 3721.58 of the Revised Code would be an	26074
impermissible health care related tax under section 1903(w) of the	26075
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	26076
amended, the department of job and family services shall take all	26077
necessary actions to cease implementation of those sections in	26078
accordance with rules adopted under section 3721.58 of the Revised	26079
Code.	26080

Sec. 3721.56. ~~All~~ (A) One-fourth of all payments and	26081
penalties paid by nursing homes and hospitals under sections	26082
3721.53 and 3721.54 of the Revised Code for fiscal years 2002 and	26083
2003, and all such payments and penalties paid for subsequent	26084
fiscal years, shall be deposited into the "home and	26085
community-based services for the aged fund," which is hereby	26086
created in the state treasury. The departments of job and family	26087
services and aging shall use the moneys in the fund to fund the	26088
following in accordance with rules adopted under section 3721.58	26089
of the Revised Code:	26090

~~(A)~~(1) The medical assistance program established under	26091
Chapter 511. of the Revised Code;	26092

~~(B)~~(2) The PASSPORT program established under section 173.40	26093
of the Revised Code;	26094

~~(C)~~(3) The residential state supplement program established	26095
under section 173.35 of the Revised Code.	26096

(B) Three-fourths of all payments and penalties paid by	26097
nursing homes and hospitals under sections 3721.53 and 3721.54 of	26098
the Revised Code for fiscal years 2002 and 2003 shall be deposited	26099
into the nursing facility stabilization fund, which is hereby	26100
created in the state treasury. The department of job and family	26101
services shall use the money in the fund in the manner provided by	26102
Am. Sub. H.B. 94 of the 124th general assembly.	26103

Sec. 3722.01. (A) As used in this chapter:

26104

(1) "Owner" means the person who owns the business of and who	26105
ultimately controls the operation of an adult care facility and to	26106
whom the manager, if different from the owner, is responsible.	26107

(2) "Manager" means the person responsible for the daily	26108
operation of an adult care facility. The manager and the owner of	26109
a facility may be the same person.	26110

(3) "Adult" means an individual eighteen years of age or	26111
older.	26112

(4) "Unrelated" means that an adult resident is not related	26113
to the owner or manager of an adult care facility or to the	26114
owner's or manager's spouse as a parent, grandparent, child,	26115
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	26116
uncle, or as the child of an aunt or uncle.	26117

(5) "Skilled nursing care" means skilled nursing care as	26118
defined in section 3721.01 of the Revised Code.	26119

(6)(a) "Personal care services" means services including, but	26120
not limited to, the following:	26121

(i) Assisting residents with activities of daily living;

26122

(ii) Assisting residents with self-administration of	26123
medication, in accordance with rules adopted by the public health	26124
council pursuant to this chapter;	26125

(iii) Preparing special diets, other than complex	26126
therapeutic diets, for residents pursuant to the instructions of a	26127
physician or a licensed dietitian, in accordance with rules	26128
adopted by the public health council pursuant to this chapter.	26129

(b) "Personal care services" does not include "skilled	26130
nursing care" as defined in section 3721.01 of the Revised Code. A	26131
facility need not provide more than one of the services listed in	26132
division (A)(6)(a) of this section to be considered to be	26133
providing personal care services.	26134

(7) "Adult family home" means a residence or facility that	26135
provides accommodations to three to five unrelated adults and	26136
supervision and personal care services to at least three of those	26137
adults.	26138

(8) "Adult group home" means a residence or facility that	26139
provides accommodations to six to sixteen unrelated adults and	26140
provides supervision and personal care services to at least three	26141
of the unrelated adults.	26142

(9) "Adult care facility" means an adult family home or an	26143
adult group home. For the purposes of this chapter, any	26144
residence, facility, institution, hotel, congregate housing	26145
project, or similar facility that provides accommodations and	26146
supervision to three to sixteen unrelated adults, at least three	26147
of whom are provided personal care services, is an adult care	26148
facility regardless of how the facility holds itself out to the	26149
public. "Adult care facility" does not include:	26150

(a) A facility operated by a hospice care program licensed	26151
under section 3712.04 of the Revised Code that is used exclusively	26152
for care of hospice patients;	26153

(b) A nursing home, residential care facility, or home for	26154
the aging as defined in section 3721.01 of the Revised Code;	26155

(c) A community alternative home as defined in section	26156
3724.01 of the Revised Code;	26157

(d) An alcohol and drug addiction program as defined in	26158
section 3793.01 of the Revised Code;	26159

(e) A habilitation center as defined in section 5123.041 of	26160
the Revised Code;	26161

(f) A residential facility for the mentally ill licensed by	26162
the department of mental health under section 5119.22 of the	26163
Revised Code;	26164

(g) A facility licensed to provide methadone treatment under	26165
section 3793.11 of the Revised Code;	26166

(h) A residential facility licensed under section 5123.19 of	26167
the Revised Code or otherwise regulated by the department of	26168
mental retardation and developmental disabilities;	26169

(i) Any residence, institution, hotel, congregate housing	26170
project, or similar facility that provides personal care services	26171
to fewer than three residents or that provides, for any number of	26172
residents, only housing, housekeeping, laundry, meal preparation,	26173
social or recreational activities, maintenance, security,	26174
transportation, and similar services that are not personal care	26175
services or skilled nursing care;	26176

(j) Any facility that receives funding for operating costs	26177
from the department of development under any program established	26178
to provide emergency shelter housing or transitional housing for	26179
the homeless;	26180

(k) A terminal care facility for the homeless that has	26181
entered into an agreement with a hospice care program under	26182
section 3712.07 of the Revised Code;	26183

(l) A facility approved by the veterans administration	26184
under section 104(a) of the "Veterans Health Care Amendments of	26185
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	26186
exclusively for the placement and care of veterans;	26187

(m) Until January 1, 1994, the portion of a facility in	26188
which care is provided exclusively to members of a religious order	26189
if the facility is owned by or part of a nonprofit institution of	26190
higher education authorized to award degrees by the Ohio board of	26191
regents under Chapter 1713. of the Revised Code.	26192

(10) "Residents' rights advocate" means:

26193

(a) An employee or representative of any state or local	26194
government entity that has a responsibility for residents of adult	26195
care facilities and has registered with the department of health	26196
under section 3701.07 of the Revised Code;	26197

(b) An employee or representative, other than a manager or	26198
employee of an adult care facility or nursing home, of any private	26199
nonprofit corporation or association that qualifies for tax-exempt	26200
status under section 501(a) of the "Internal Revenue Code of	26201
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	26202
registered with the department of health under section 3701.07 of	26203
the Revised Code, and whose purposes include educating and	26204
counseling residents, assisting residents in resolving problems	26205
and complaints concerning their care and treatment, and assisting	26206
them in securing adequate services.	26207

(11) "Sponsor" means an adult relative, friend, or guardian	26208
of a resident of an adult care facility who has an interest in or	26209
responsibility for the resident's welfare.	26210

(12) "Ombudsperson" means a "representative of the office of	26211
the state long-term care ombudsperson program" as defined in	26212
section 173.14 of the Revised Code.	26213

(13) "Mental health agency" means a community mental health	26214
agency, as defined in section 5119.22 of the Revised Code, under	26215
contract with a board of alcohol, drug addiction, and mental	26216
health services pursuant to division (A)~~(6)~~(8)(a) of section	26217
340.03 of the Revised Code.	26218

(B) For purposes of this chapter, personal care services or	26219
skilled nursing care shall be considered to be provided by a	26220
facility if they are provided by a person employed by or	26221
associated with the facility or by another person pursuant to an	26222
agreement to which neither the resident who receives the services	26223
nor the resident's sponsor is a party.	26224

(C) Nothing in division (A)(6) of this section shall be	26225
construed to permit personal care services to be imposed upon a	26226
resident who is capable of performing the activity in question	26227
without assistance.	26228

Sec. 3722.15. (A) The following may enter an adult care	26229
facility at any time:	26230

(1) Employees designated by the director of health;

26231

(2) Employees designated by the director of aging;

26232

(3) Employees designated by the attorney general;

26233

(4) Employees designated by a county department of job and	26234
family services to implement sections 5101.60 to 5101.71 of the	26235
Revised Code;	26236

(5) Persons employed pursuant to division (M) of section	26237
173.01 of the Revised Code in the long-term care facilities	26238
ombudsperson program;	26239

(6) Employees of the department of mental health designated	26240
by the director of mental health;	26241

(7) Employees of a mental health agency, if the agency has a	26242
client residing in the facility;	26243

(8) Employees of a board of alcohol, drug addiction, and	26244
mental health services, when authorized by section 340.05 of the	26245
Revised Code or if an individual receiving mental health services	26246
provided by the board pursuant to division (A)~~(6)~~(8)(b) of section	26247
340.03 of the Revised Code or a mental health agency under	26248
contract with the board resides in the facility.	26249

These employees shall be afforded access to all records of	26250
the facility, including records pertaining to residents, and may	26251
copy the records. Neither these employees nor the director of	26252
health shall release, without consent, any information obtained	26253
from the records of an adult care facility that reasonably would	26254
tend to identify a specific resident of the facility, except as	26255
ordered by a court of competent jurisdiction.	26256

(B) The following persons may enter any adult care facility	26257
during reasonable hours:	26258

(1) A resident's sponsor;

26259

(2) Residents' rights advocates;

26260

(3) A resident's attorney;

26261

(4) A minister, priest, rabbi, or other person ministering	26262
to a resident's religious needs;	26263

(5) A physician or other person providing health care	26264
services to a resident;	26265

(6) Employees authorized by county departments of job and	26266
family services and local boards of health or health departments	26267
to enter adult care facilities;	26268

(7) A prospective resident and prospective resident's	26269
sponsor.	26270

(C) The manager of an adult care facility may require a	26271
person seeking to enter the facility to present identification	26272
sufficient to identify the person as an authorized person under	26273
this section.	26274

Sec. 3722.16. (A) No person shall:

26275

(1) Operate an adult care facility unless the facility is	26276
validly licensed by the director of health under section 3722.04	26277
of the Revised Code;	26278

(2) Admit to an adult care facility more residents than the	26279
number authorized in the facility's license;	26280

(3) Admit a resident to an adult care facility after the	26281
director has issued an order pursuant to section 3722.07 of the	26282
Revised Code suspending admissions to the facility. Violation of	26283
division (A)(3) of this section is cause for revocation of the	26284
facility's license.	26285

(4) Interfere with any authorized inspection of an adult	26286
care facility conducted pursuant to section 3722.02 or 3722.04 of	26287
the Revised Code;	26288

(5) Violate any of the provisions of this chapter or any of	26289
the rules adopted pursuant to it.	26290

(B) No adult care facility shall provide, or admit or retain	26291
any resident in need of, skilled nursing care unless all of the	26292
following are the case:	26293

(1) The care will be provided on a part-time, intermittent	26294
basis for not more than a total of one hundred twenty days in any	26295
twelve-month period by one or more of the following:	26296

(a) A home health agency certified under Title XVIII of the	26297
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	26298
amended:	26299

(b) A hospice care program licensed under Chapter 3712. of	26300
the Revised Code;	26301

(c) A nursing home licensed under Chapter 3721. of the	26302
Revised Code and owned and operated by the same person and located	26303
on the same site as the adult care facility;	26304

(d) A mental health agency or, pursuant to division	26305
(A)~~(6)~~(8)(b) of section 340.03 of the Revised Code, a board of	26306
alcohol, drug addiction, and mental health services.	26307

(2) The staff of the home health agency, hospice care	26308
program, nursing home, mental health agency, or board of alcohol,	26309
drug addiction, and mental health services does not train facility	26310
staff to provide the skilled nursing care;	26311

(3) The individual to whom the skilled nursing care is	26312
provided is suffering from a short-term illness;	26313

(4) If the skilled nursing care is to be provided by the	26314
nursing staff of a nursing home, all of the following are the	26315
case:	26316

(a) The adult care facility evaluates the individual	26317
receiving the skilled nursing care at least once every seven days	26318
to determine whether the individual should be transferred to a	26319
nursing home;	26320

(b) The adult care facility meets at all times staffing	26321
requirements established by rules adopted under section 3722.10 of	26322
the Revised Code;	26323

(c) The nursing home does not include the cost of providing	26324
skilled nursing care to the adult care facility residents in a	26325
cost report filed under section 5111.26 of the Revised Code;	26326

(d) The nursing home meets at all times the nursing home	26327
licensure staffing ratios established by rules adopted under	26328
section 3721.04 of the Revised Code;	26329

(e) The nursing home staff providing skilled nursing care to	26330
adult care facility residents are registered nurses or licensed	26331
practical nurses licensed under Chapter 4723. of the Revised Code	26332
and meet the personnel qualifications for nursing home staff	26333
established by rules adopted under section 3721.04 of the Revised	26334
Code;	26335

(f) The skilled nursing care is provided in accordance with	26336
rules established for nursing homes under section 3721.04 of the	26337
Revised Code;	26338

(g) The nursing home meets the skilled nursing care needs of	26339
the adult care facility residents;	26340

(h) Using the nursing home's nursing staff does not prevent	26341
the nursing home or adult care facility from meeting the needs of	26342
the nursing home and adult care facility residents in a quality	26343
and timely manner.	26344

Notwithstanding section 3721.01 of the Revised Code, an adult	26345
care facility in which residents receive skilled nursing care as	26346
described in division (B) of this section is not a nursing home.	26347
No adult care facility shall provide skilled nursing care.	26348

(C) A home health agency or hospice care program that	26349
provides skilled nursing care pursuant to division (B) of this	26350
section may not be associated with the adult care facility unless	26351
the facility is part of a home for the aged as defined in section	26352
5701.13 of the Revised Code or the adult care facility is owned	26353
and operated by the same person and located on the same site as a	26354
nursing home licensed under Chapter 3721. of the Revised Code that	26355
is associated with the home health agency or hospice care program.	26356
In addition, the following requirements shall be met:	26357

(1) The adult care facility shall evaluate the individual	26358
receiving the skilled nursing care not less than once every seven	26359
days to determine whether the individual should be transferred to	26360
a nursing home;	26361

(2) If the costs of providing the skilled nursing care are	26362
included in a cost report filed pursuant to section 5111.26 of the	26363
Revised Code by the nursing home that is part of the same home for	26364
the aged, the home health agency or hospice care program shall not	26365
seek reimbursement for the care under the medical assistance	26366
program established under Chapter 5111. of the Revised Code.	26367

(D)(1) No person knowingly shall place or recommend	26368
placement of any person in an adult care facility that is	26369
operating without a license.	26370

(2) No employee of a unit of local or state government,	26371
board of alcohol, drug addiction, and mental health services,	26372
mental health agency, or PASSPORT administrative agency shall	26373
place or recommend placement of any person in an adult care	26374
facility if the employee knows that the facility cannot meet the	26375
needs of the potential resident.	26376

(3) No person who has reason to believe that an adult care	26377
facility is operating without a license shall fail to report this	26378
information to the director of health.	26379

(E) In accordance with Chapter 119. of the Revised Code, the	26380
public health council shall adopt rules that define a short-term	26381
illness for purposes of division (B)(3) of this section and	26382
specify, consistent with rules pertaining to home health care	26383
adopted by the director of job and family services under the	26384
medical assistance program established under Chapter 5111. of the	26385
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	26386
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	26387
part-time, intermittent basis for purposes of division (B)(1) of	26388
this section.	26389

Sec. 3734.57. (A) For the purposes of paying the state's	26390
long-term operation costs or matching share for actions taken	26391
under the "Comprehensive Environmental Response, Compensation, and	26392
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	26393
amended; paying the costs of measures for proper clean-up of sites	26394
where polychlorinated biphenyls and substances, equipment, and	26395
devices containing or contaminated with polychlorinated biphenyls	26396
have been stored or disposed of; paying the costs of conducting	26397
surveys or investigations of solid waste facilities or other	26398
locations where it is believed that significant quantities of	26399
hazardous waste were disposed of and for conducting enforcement	26400
actions arising from the findings of such surveys or	26401
investigations; paying the costs of acquiring and cleaning up, or	26402
providing financial assistance for cleaning up, any hazardous	26403
waste facility or solid waste facility containing significant	26404
quantities of hazardous waste, that constitutes an imminent and	26405
substantial threat to public health or safety or the environment;	26406
and, from July 1, ~~1999~~ 2001, through June 30, ~~2001~~ 2004, for the	26407
purposes of paying the costs of administering and enforcing the	26408
laws pertaining to solid wastes, infectious wastes, and	26409
construction and demolition debris, including, without limitation,	26410
ground water evaluations related to solid wastes, infectious	26411
wastes, and construction and demolition debris, under this chapter	26412
and Chapter 3714. of the Revised Code and any rules adopted under	26413
them, and paying a share of the administrative costs of the	26414
environmental protection agency pursuant to section 3745.014 of	26415
the Revised Code, the following fees are hereby levied on the	26416
disposal of solid wastes in this state:	26417

(1) One dollar per ton on and after July 1, 1993;

26418

(2) An additional seventy-five cents per ton on and after	26419
July 1, ~~1999~~ 2001, through June 30, ~~2001~~ 2004.	26420

The owner or operator of a solid waste disposal facility	26421
shall collect the fees levied under this division as a trustee for	26422
the state and shall prepare and file with the director of	26423
environmental protection monthly returns indicating the total	26424
tonnage of solid wastes received for disposal at the gate of the	26425
facility and the total amount of the fees collected under this	26426
division. Not later than thirty days after the last day of the	26427
month to which such a return applies, the owner or operator shall	26428
mail to the director the return for that month together with the	26429
fees collected during that month as indicated on the return. The	26430
owner or operator may request an extension of not more than thirty	26431
days for filing the return and remitting the fees, provided that	26432
the owner or operator has submitted such a request in writing to	26433
the director together with a detailed description of why the	26434
extension is requested, the director has received the request not	26435
later than the day on which the return is required to be filed,	26436
and the director has approved the request. If the fees are not	26437
remitted within sixty days after the last day of the month during	26438
which they were collected, the owner or operator shall pay an	26439
additional fifty per cent of the amount of the fees for each month	26440
that they are late.	26441

One-half of the moneys remitted to the director under	26442
division (A)(1) of this section shall be credited to the hazardous	26443
waste facility management fund created in section 3734.18 of the	26444
Revised Code, and one-half shall be credited to the hazardous	26445
waste clean-up fund created in section 3734.28 of the Revised	26446
Code. The moneys remitted to the director under division (A)(2)	26447
of this section shall be credited to the solid waste fund, which	26448
is hereby created in the state treasury. The environmental	26449
protection agency shall use moneys in the solid waste fund only to	26450
pay the costs of administering and enforcing the laws pertaining	26451
to solid wastes, infectious wastes, and construction and	26452
demolition debris, including, without limitation, ground water	26453
evaluations related to solid wastes, infectious wastes, and	26454
construction and demolition debris, under this chapter and Chapter	26455
3714. of the Revised Code and rules adopted under them and to pay	26456
a share of the administrative costs of the environmental	26457
protection agency pursuant to section 3745.014 of the Revised	26458
Code.	26459

The fees levied under this division and divisions (B) and (C)	26460
of this section are in addition to all other applicable fees and	26461
taxes and shall be added to any other fee or amount specified in a	26462
contract that is charged by the owner or operator of a solid waste	26463
disposal facility or to any other fee or amount that is specified	26464
in a contract entered into on or after March 4, 1992, and that is	26465
charged by a transporter of solid wastes.	26466

(B) For the purpose of preparing, revising, and implementing	26467
the solid waste management plan of the county or joint solid waste	26468
management district, including, without limitation, the	26469
development and implementation of solid waste recycling or	26470
reduction programs; providing financial assistance to boards of	26471
health within the district, if solid waste facilities are located	26472
within the district, for the enforcement of this chapter and rules	26473
adopted and orders and terms and conditions of permits, licenses,	26474
and variances issued under it, other than the hazardous waste	26475
provisions of this chapter and rules adopted and orders and terms	26476
and conditions of permits issued under those provisions; providing	26477
financial assistance to the county to defray the added costs of	26478
maintaining roads and other public facilities and of providing	26479
emergency and other public services resulting from the location	26480
and operation of a solid waste facility within the county under	26481
the district's approved solid waste management plan; paying the	26482
costs incurred by boards of health for collecting and analyzing	26483
water samples from public or private wells on lands adjacent to	26484
solid waste facilities that are contained in the approved or	26485
amended plan of the district; paying the costs of developing and	26486
implementing a program for the inspection of solid wastes	26487
generated outside the boundaries of this state that are disposed	26488
of at solid waste facilities included in the district's approved	26489
solid waste management plan or amended plan; providing financial	26490
assistance to boards of health within the district for enforcing	26491
laws prohibiting open dumping; providing financial assistance to	26492
local law enforcement agencies within the district for enforcing	26493
laws and ordinances prohibiting littering; providing financial	26494
assistance to boards of health of health districts within the	26495
district that are on the approved list under section 3734.08 of	26496
the Revised Code for the training and certification required for	26497
their employees responsible for solid waste enforcement by rules	26498
adopted under division (L) of section 3734.02 of the Revised Code;	26499
providing financial assistance to individual municipal	26500
corporations and townships within the district to defray their	26501
added costs of maintaining roads and other public facilities and	26502
of providing emergency and other public services resulting from	26503
the location and operation within their boundaries of a	26504
composting, energy or resource recovery, incineration, or	26505
recycling facility that either is owned by the district or is	26506
furnishing solid waste management facility or recycling services	26507
to the district pursuant to a contract or agreement with the board	26508
of county commissioners or directors of the district; and payment	26509
of any expenses that are agreed to, awarded, or ordered to be paid	26510
under section 3734.35 of the Revised Code and of any	26511
administrative costs incurred pursuant to that section, the solid	26512
waste management policy committee of a county or joint solid waste	26513
management district may levy fees upon the following activities:	26514

(1) The disposal at a solid waste disposal facility located	26515
in the district of solid wastes generated within the district;	26516

(2) The disposal at a solid waste disposal facility within	26517
the district of solid wastes generated outside the boundaries of	26518
the district, but inside this state;	26519

(3) The disposal at a solid waste disposal facility within	26520
the district of solid wastes generated outside the boundaries of	26521
this state.	26522

If any such fees are levied prior to January 1, 1994, fees	26523
levied under division (B)(1) of this section always shall be equal	26524
to one-half of the fees levied under division (B)(2) of this	26525
section, and fees levied under division (B)(3) of this section,	26526
which shall be in addition to fees levied under division (B)(2) of	26527
this section, always shall be equal to fees levied under division	26528
(B)(1) of this section, except as otherwise provided in this	26529
division. The solid waste management plan of the county or joint	26530
district approved under section 3734.521 or 3734.55 of the Revised	26531
Code and any amendments to it, or the resolution adopted under	26532
this division, as appropriate, shall establish the rates of the	26533
fees levied under divisions (B)(1), (2), and (3) of this section,	26534
if any, and shall specify whether the fees are levied on the basis	26535
of tons or cubic yards as the unit of measurement. Although the	26536
fees under divisions (A)(1) and (2) of this section are levied on	26537
the basis of tons as the unit of measurement, the solid waste	26538
management plan of the district and any amendments to it or the	26539
solid waste management policy committee in its resolution levying	26540
fees under this division may direct that the fees levied under	26541
those divisions be levied on the basis of cubic yards as the unit	26542
of measurement based upon a conversion factor of three cubic yards	26543
per ton generally or one cubic yard per ton for baled wastes if	26544
the fees under divisions (B)(1) to (3) of this section are being	26545
levied on the basis of cubic yards as the unit of measurement	26546
under the plan, amended plan, or resolution.	26547

On and after January 1, 1994, the fee levied under division	26548
(B)(1) of this section shall be not less than one dollar per ton	26549
nor more than two dollars per ton, the fee levied under division	26550
(B)(2) of this section shall be not less than two dollars per ton	26551
nor more than four dollars per ton, and the fee levied under	26552
division (B)(3) of this section shall be not more than the fee	26553
levied under division (B)(1) of this section, except as otherwise	26554
provided in this division and notwithstanding any schedule of	26555
those fees established in the solid waste management plan of a	26556
county or joint district approved under section 3734.55 of the	26557
Revised Code or a resolution adopted and ratified under this	26558
division that is in effect on that date. If the fee that a	26559
district is levying under division (B)(1) of this section on that	26560
date under its approved plan or such a resolution is less than one	26561
dollar per ton, the fee shall be one dollar per ton on and after	26562
January 1, 1994, and if the fee that a district is so levying	26563
under that division exceeds two dollars per ton, the fee shall be	26564
two dollars per ton on and after that date. If the fee that a	26565
district is so levying under division (B)(2) of this section is	26566
less than two dollars per ton, the fee shall be two dollars per	26567
ton on and after that date, and if the fee that the district is so	26568
levying under that division exceeds four dollars per ton, the fee	26569
shall be four dollars per ton on and after that date. On that	26570
date, the fee levied by a district under division (B)(3) of this	26571
section shall be equal to the fee levied under division (B)(1) of	26572
this section. Except as otherwise provided in this division, the	26573
fees established by the operation of this amendment shall remain	26574
in effect until the district's resolution levying fees under this	26575
division is amended or repealed in accordance with this division	26576
to amend or abolish the schedule of fees, the schedule of fees is	26577
amended or abolished in an amended plan of the district approved	26578
under section 3734.521 or division (A) or (D) of section 3734.56	26579
of the Revised Code, or the schedule of fees is amended or	26580
abolished through an amendment to the district's plan under	26581
division (E) of section 3734.56 of the Revised Code; the	26582
notification of the amendment or abolishment of the fees has been	26583
given in accordance with this division; and collection of the	26584
amended fees so established commences, or collection of the fees	26585
ceases, in accordance with this division.	26586

The solid waste management policy committee of a district	26587
levying fees under divisions (B)(1) to (3) of this section on	26588
October 29, 1993, under its solid waste management plan approved	26589
under section 3734.55 of the Revised Code or a resolution adopted	26590
and ratified under this division that are within the ranges of	26591
rates prescribed by this amendment, by adoption of a resolution	26592
not later than December 1, 1993, and without the necessity for	26593
ratification of the resolution under this division, may amend	26594
those fees within the prescribed ranges, provided that the	26595
estimated revenues from the amended fees will not substantially	26596
exceed the estimated revenues set forth in the district's budget	26597
for calendar year 1994. Not later than seven days after the	26598
adoption of such a resolution, the committee shall notify by	26599
certified mail the owner or operator of each solid waste disposal	26600
facility that is required to collect the fees of the adoption of	26601
the resolution and of the amount of the amended fees. Collection	26602
of the amended fees shall take effect on the first day of the	26603
first month following the month in which the notification is sent	26604
to the owner or operator. The fees established in such a	26605
resolution shall remain in effect until the district's resolution	26606
levying fees that was adopted and ratified under this division is	26607
amended or repealed, and the amendment or repeal of the resolution	26608
is ratified, in accordance with this division, to amend or abolish	26609
the fees, the schedule of fees is amended or abolished in an	26610
amended plan of the district approved under section 3734.521 or	26611
division (A) or (D) of section 3734.56 of the Revised Code, or the	26612
schedule of fees is amended or abolished through an amendment to	26613
the district's plan under division (E) of section 3734.56 of the	26614
Revised Code; the notification of the amendment or abolishment of	26615
the fees has been given in accordance with this division; and	26616
collection of the amended fees so established commences, or	26617
collection of the fees ceases, in accordance with this division.	26618

Prior to the approval of the solid waste management plan of	26619
the district under section 3734.55 of the Revised Code, the solid	26620
waste management policy committee of a district may levy fees	26621
under this division by adopting a resolution establishing the	26622
proposed amount of the fees. Upon adopting the resolution, the	26623
committee shall deliver a copy of the resolution to the board of	26624
county commissioners of each county forming the district and to	26625
the legislative authority of each municipal corporation and	26626
township under the jurisdiction of the district and shall prepare	26627
and publish the resolution and a notice of the time and location	26628
where a public hearing on the fees will be held. Upon adopting	26629
the resolution, the committee shall deliver written notice of the	26630
adoption of the resolution; of the amount of the proposed fees;	26631
and of the date, time, and location of the public hearing to the	26632
director and to the fifty industrial, commercial, or institutional	26633
generators of solid wastes within the district that generate the	26634
largest quantities of solid wastes, as determined by the	26635
committee, and to their local trade associations. The committee	26636
shall make good faith efforts to identify those generators within	26637
the district and their local trade associations, but the	26638
nonprovision of notice under this division to a particular	26639
generator or local trade association does not invalidate the	26640
proceedings under this division. The publication shall occur at	26641
least thirty days before the hearing. After the hearing, the	26642
committee may make such revisions to the proposed fees as it	26643
considers appropriate and thereafter, by resolution, shall adopt	26644
the revised fee schedule. Upon adopting the revised fee schedule,	26645
the committee shall deliver a copy of the resolution doing so to	26646
the board of county commissioners of each county forming the	26647
district and to the legislative authority of each municipal	26648
corporation and township under the jurisdiction of the district.	26649
Within sixty days after the delivery of a copy of the resolution	26650
adopting the proposed revised fees by the policy committee, each	26651
such board and legislative authority, by ordinance or resolution,	26652
shall approve or disapprove the revised fees and deliver a copy of	26653
the ordinance or resolution to the committee. If any such board	26654
or legislative authority fails to adopt and deliver to the policy	26655
committee an ordinance or resolution approving or disapproving the	26656
revised fees within sixty days after the policy committee	26657
delivered its resolution adopting the proposed revised fees, it	26658
shall be conclusively presumed that the board or legislative	26659
authority has approved the proposed revised fees.	26660

In the case of a county district or a joint district formed	26661
by two or three counties, the committee shall declare the proposed	26662
revised fees to be ratified as the fee schedule of the district	26663
upon determining that the board of county commissioners of each	26664
county forming the district has approved the proposed revised fees	26665
and that the legislative authorities of a combination of municipal	26666
corporations and townships with a combined population within the	26667
district comprising at least sixty per cent of the total	26668
population of the district have approved the proposed revised	26669
fees, provided that in the case of a county district, that	26670
combination shall include the municipal corporation having the	26671
largest population within the boundaries of the district, and	26672
provided further that in the case of a joint district formed by	26673
two or three counties, that combination shall include for each	26674
county forming the joint district the municipal corporation having	26675
the largest population within the boundaries of both the county in	26676
which the municipal corporation is located and the joint district.	26677
In the case of a joint district formed by four or more counties,	26678
the committee shall declare the proposed revised fees to be	26679
ratified as the fee schedule of the joint district upon	26680
determining that the boards of county commissioners of a majority	26681
of the counties forming the district have approved the proposed	26682
revised fees; that, in each of a majority of the counties forming	26683
the joint district, the proposed revised fees have been approved	26684
by the municipal corporation having the largest population within	26685
the county and the joint district; and that the legislative	26686
authorities of a combination of municipal corporations and	26687
townships with a combined population within the joint district	26688
comprising at least sixty per cent of the total population of the	26689
joint district have approved the proposed revised fees.	26690

For the purposes of this division, only the population of the	26691
unincorporated area of a township shall be considered. For the	26692
purpose of determining the largest municipal corporation within	26693
each county under this division, a municipal corporation that is	26694
located in more than one solid waste management district, but that	26695
is under the jurisdiction of one county or joint solid waste	26696
management district in accordance with division (A) of section	26697
3734.52 of the Revised Code shall be considered to be within the	26698
boundaries of the county in which a majority of the population of	26699
the municipal corporation resides.	26700

The committee may amend the schedule of fees levied pursuant	26701
to a resolution or amended resolution adopted and ratified under	26702
this division by adopting a resolution establishing the proposed	26703
amount of the amended fees. The committee may abolish the fees	26704
levied pursuant to such a resolution or amended resolution by	26705
adopting a resolution proposing to repeal them. Upon adopting	26706
such a resolution, the committee shall proceed to obtain	26707
ratification of the resolution in accordance with this division.	26708

Not later than fourteen days after declaring the fees or	26709
amended fees to be ratified under this division, the committee	26710
shall notify by certified mail the owner or operator of each solid	26711
waste disposal facility that is required to collect the fees of	26712
the ratification and the amount of the fees. Collection of any	26713
fees or amended fees ratified on or after March 24, 1992, shall	26714
commence on the first day of the second month following the month	26715
in which notification is sent to the owner or operator.	26716

Not later than fourteen days after declaring the repeal of	26717
the district's schedule of fees to be ratified under this	26718
division, the committee shall notify by certified mail the owner	26719
or operator of each facility that is collecting the fees of the	26720
repeal. Collection of the fees shall cease on the first day of	26721
the second month following the month in which notification is sent	26722
to the owner or operator.	26723

Not later than fourteen days after the director issues an	26724
order approving a district's solid waste management plan under	26725
section 3734.55 of the Revised Code or amended plan under division	26726
(A) or (D) of section 3734.56 of the Revised Code that establishes	26727
or amends a schedule of fees levied by the district, or the	26728
ratification of an amendment to the district's approved plan or	26729
amended plan under division (E) of section 3734.56 of the Revised	26730
Code that establishes or amends a schedule of fees, as	26731
appropriate, the committee shall notify by certified mail the	26732
owner or operator of each solid waste disposal facility that is	26733
required to collect the fees of the approval of the plan or	26734
amended plan, or the amendment to the plan, as appropriate, and	26735
the amount of the fees or amended fees. In the case of an initial	26736
or amended plan approved under section 3734.521 of the Revised	26737
Code in connection with a change in district composition, other	26738
than one involving the withdrawal of a county from a joint	26739
district, that establishes or amends a schedule of fees levied	26740
under divisions (B)(1) to (3) of this section by a district	26741
resulting from the change, the committee, within fourteen days	26742
after the change takes effect pursuant to division (G) of that	26743
section, shall notify by certified mail the owner or operator of	26744
each solid waste disposal facility that is required to collect the	26745
fees that the change has taken effect and of the amount of the	26746
fees or amended fees. Collection of any fees set forth in a plan	26747
or amended plan approved by the director on or after April 16,	26748
1993, or an amendment of a plan or amended plan under division (E)	26749
of section 3734.56 of the Revised Code that is ratified on or	26750
after April 16, 1993, shall commence on the first day of the	26751
second month following the month in which notification is sent to	26752
the owner or operator.	26753

Not later than fourteen days after the director issues an	26754
order approving a district's plan under section 3734.55 of the	26755
Revised Code or amended plan under division (A) or (D) of section	26756
3734.56 of the Revised Code that abolishes the schedule of fees	26757
levied under divisions (B)(1) to (3) of this section, or an	26758
amendment to the district's approved plan or amended plan	26759
abolishing the schedule of fees is ratified pursuant to division	26760
(E) of section 3734.56 of the Revised Code, as appropriate, the	26761
committee shall notify by certified mail the owner or operator of	26762
each facility that is collecting the fees of the approval of the	26763
plan or amended plan, or the amendment of the plan or amended	26764
plan, as appropriate, and the abolishment of the fees. In the	26765
case of an initial or amended plan approved under section 3734.521	26766
of the Revised Code in connection with a change in district	26767
composition, other than one involving the withdrawal of a county	26768
from a joint district, that abolishes the schedule of fees levied	26769
under divisions (B)(1) to (3) of this section by a district	26770
resulting from the change, the committee, within fourteen days	26771
after the change takes effect pursuant to division (G) of that	26772
section, shall notify by certified mail the owner or operator of	26773
each solid waste disposal facility that is required to collect the	26774
fees that the change has taken effect and of the abolishment of	26775
the fees. Collection of the fees shall cease on the first day of	26776
the second month following the month in which notification is sent	26777
to the owner or operator.	26778

Except as otherwise provided in this division, if the	26779
schedule of fees that a district is levying under divisions (B)(1)	26780
to (3) of this section pursuant to a resolution or amended	26781
resolution adopted and ratified under this division, the solid	26782
waste management plan of the district approved under section	26783
3734.55 of the Revised Code, an amended plan approved under	26784
division (A) or (D) of section 3734.56 of the Revised Code, or an	26785
amendment to the district's approved plan or amended plan under	26786
division (E) of section 3734.56 of the Revised Code, is amended by	26787
the adoption and ratification of an amendment to the resolution or	26788
amended resolution or an amendment of the district's approved plan	26789
or amended plan, the fees in effect immediately prior to the	26790
approval of the plan or the amendment of the resolution, amended	26791
resolution, plan, or amended plan, as appropriate, shall continue	26792
to be collected until collection of the amended fees commences	26793
pursuant to this division.	26794

If, in the case of a change in district composition involving	26795
the withdrawal of a county from a joint district, the director	26796
completes the actions required under division (G)(1) or (3) of	26797
section 3734.521 of the Revised Code, as appropriate, forty-five	26798
days or more before the beginning of a calendar year, the policy	26799
committee of each of the districts resulting from the change that	26800
obtained the director's approval of an initial or amended plan in	26801
connection with the change, within fourteen days after the	26802
director's completion of the required actions, shall notify by	26803
certified mail the owner or operator of each solid waste disposal	26804
facility that is required to collect the district's fees that the	26805
change is to take effect on the first day of January immediately	26806
following the issuance of the notice and of the amount of the fees	26807
or amended fees levied under divisions (B)(1) to (3) of this	26808
section pursuant to the district's initial or amended plan as so	26809
approved or, if appropriate, the abolishment of the district's	26810
fees by that initial or amended plan. Collection of any fees set	26811
forth in such a plan or amended plan shall commence on the first	26812
day of January immediately following the issuance of the notice.	26813
If such an initial or amended plan abolishes a schedule of fees,	26814
collection of the fees shall cease on that first day of January.	26815

If, in the case of a change in district composition involving	26816
the withdrawal of a county from a joint district, the director	26817
completes the actions required under division (G)(1) or (3) of	26818
section 3734.521 of the Revised Code, as appropriate, less than	26819
forty-five days before the beginning of a calendar year, the	26820
director, on behalf of each of the districts resulting from the	26821
change that obtained the director's approval of an initial or	26822
amended plan in connection with the change proceedings, shall	26823
notify by certified mail the owner or operator of each solid waste	26824
disposal facility that is required to collect the district's fees	26825
that the change is to take effect on the first day of January	26826
immediately following the mailing of the notice and of the amount	26827
of the fees or amended fees levied under divisions (B)(1) to (3)	26828
of this section pursuant to the district's initial or amended plan	26829
as so approved or, if appropriate, the abolishment of the	26830
district's fees by that initial or amended plan. Collection of	26831
any fees set forth in such a plan or amended plan shall commence	26832
on the first day of the second month following the month in which	26833
notification is sent to the owner or operator. If such an initial	26834
or amended plan abolishes a schedule of fees, collection of the	26835
fees shall cease on the first day of the second month following	26836
the month in which notification is sent to the owner or operator.	26837

In the case of a change in district composition, the schedule	26838
of fees that the former districts that existed prior to the change	26839
were levying under divisions (B)(1) to (3) of this section	26840
pursuant to a resolution or amended resolution adopted and	26841
ratified under this division, the solid waste management plan of a	26842
former district approved under section 3734.521 or 3734.55 of the	26843
Revised Code, an amended plan approved under section 3734.521 or	26844
division (A) or (D) of section 3734.56 of the Revised Code, or an	26845
amendment to a former district's approved plan or amended plan	26846
under division (E) of section 3734.56 of the Revised Code, and	26847
that were in effect on the date that the director completed the	26848
actions required under division (G)(1) or (3) of section 3734.521	26849
of the Revised Code shall continue to be collected until the	26850
collection of the fees or amended fees of the districts resulting	26851
from the change is required to commence, or if an initial or	26852
amended plan of a resulting district abolishes a schedule of fees,	26853
collection of the fees is required to cease, under this division.	26854
Moneys so received from the collection of the fees of the former	26855
districts shall be divided among the resulting districts in	26856
accordance with division (B) of section 343.012 of the Revised	26857
Code and the agreements entered into under division (B) of section	26858
343.01 of the Revised Code to establish the former and resulting	26859
districts and any amendments to those agreements.	26860

For the purposes of the provisions of division (B) of this	26861
section establishing the times when newly established or amended	26862
fees levied by a district are required to commence and the	26863
collection of fees that have been amended or abolished is required	26864
to cease, "fees" or "schedule of fees" includes, in addition to	26865
fees levied under divisions (B)(1) to (3) of this section, those	26866
levied under section 3734.573 or 3734.574 of the Revised Code.	26867

(C) For the purposes of defraying the added costs to a	26868
municipal corporation or township of maintaining roads and other	26869
public facilities and of providing emergency and other public	26870
services, and compensating a municipal corporation or township for	26871
reductions in real property tax revenues due to reductions in real	26872
property valuations resulting from the location and operation of a	26873
solid waste disposal facility within the municipal corporation or	26874
township, a municipal corporation or township in which such a	26875
solid waste disposal facility is located may levy a fee of not	26876
more than twenty-five cents per ton on the disposal of solid	26877
wastes at a solid waste disposal facility located within the	26878
boundaries of the municipal corporation or township regardless of	26879
where the wastes were generated.	26880

The legislative authority of a municipal corporation or	26881
township may levy fees under this division by enacting an	26882
ordinance or adopting a resolution establishing the amount of the	26883
fees. Upon so doing the legislative authority shall mail a	26884
certified copy of the ordinance or resolution to the board of	26885
county commissioners or directors of the county or joint solid	26886
waste management district in which the municipal corporation or	26887
township is located or, if a regional solid waste management	26888
authority has been formed under section 343.011 of the Revised	26889
Code, to the board of trustees of that regional authority, the	26890
owner or operator of each solid waste disposal facility in the	26891
municipal corporation or township that is required to collect the	26892
fee by the ordinance or resolution, and the director of	26893
environmental protection. Although the fees levied under this	26894
division are levied on the basis of tons as the unit of	26895
measurement, the legislative authority, in its ordinance or	26896
resolution levying the fees under this division, may direct that	26897
the fees be levied on the basis of cubic yards as the unit of	26898
measurement based upon a conversion factor of three cubic yards	26899
per ton generally or one cubic yard per ton for baled wastes.	26900

Not later than five days after enacting an ordinance or	26901
adopting a resolution under this division, the legislative	26902
authority shall so notify by certified mail the owner or operator	26903
of each solid waste disposal facility that is required to collect	26904
the fee. Collection of any fee levied on or after March 24, 1992,	26905
shall commence on the first day of the second month following the	26906
month in which notification is sent to the owner or operator.	26907

(D)(1) The fees levied under divisions (A), (B), and (C) of	26908
this section do not apply to the disposal of solid wastes that:	26909

(a) Are disposed of at a facility owned by the generator of	26910
the wastes when the solid waste facility exclusively disposes of	26911
solid wastes generated at one or more premises owned by the	26912
generator regardless of whether the facility is located on a	26913
premises where the wastes are generated;	26914

(b) Are disposed of at facilities that exclusively dispose	26915
of wastes that are generated from the combustion of coal, or from	26916
the combustion of primarily coal in combination with scrap tires,	26917
that is not combined in any way with garbage at one or more	26918
premises owned by the generator.	26919

(2) Except as provided in section 3734.571 of the Revised	26920
Code, any fees levied under division (B)(1) of this section apply	26921
to solid wastes originating outside the boundaries of a county or	26922
joint district that are covered by an agreement for the joint use	26923
of solid waste facilities entered into under section 343.02 of the	26924
Revised Code by the board of county commissioners or board of	26925
directors of the county or joint district where the wastes are	26926
generated and disposed of.	26927

(3) When solid wastes, other than solid wastes that consist	26928
of scrap tires, are burned in a disposal facility that is an	26929
incinerator or energy recovery facility, the fees levied under	26930
divisions (A), (B), and (C) of this section shall be levied upon	26931
the disposal of the fly ash and bottom ash remaining after burning	26932
of the solid wastes and shall be collected by the owner or	26933
operator of the sanitary landfill where the ash is disposed of.	26934

(4) When solid wastes are delivered to a solid waste	26935
transfer facility, the fees levied under divisions (A), (B), and	26936
(C) of this section shall be levied upon the disposal of solid	26937
wastes transported off the premises of the transfer facility for	26938
disposal and shall be collected by the owner or operator of the	26939
solid waste disposal facility where the wastes are disposed of.	26940

(5) The fees levied under divisions (A), (B), and (C) of	26941
this section do not apply to sewage sludge that is generated by a	26942
waste water treatment facility holding a national pollutant	26943
discharge elimination system permit and that is disposed of	26944
through incineration, land application, or composting or at	26945
another resource recovery or disposal facility that is not a	26946
landfill.	26947

(6) The fees levied under divisions (A), (B), and (C) of	26948
this section do not apply to solid wastes delivered to a solid	26949
waste composting facility for processing. When any unprocessed	26950
solid waste or compost product is transported off the premises of	26951
a composting facility and disposed of at a landfill, the fees	26952
levied under divisions (A), (B), and (C) of this section shall be	26953
collected by the owner or operator of the landfill where the	26954
unprocessed waste or compost product is disposed of.	26955

(7) When solid wastes that consist of scrap tires are	26956
processed at a scrap tire recovery facility, the fees levied under	26957
divisions (A), (B), and (C) of this section shall be levied upon	26958
the disposal of the fly ash and bottom ash or other solid wastes	26959
remaining after the processing of the scrap tires and shall be	26960
collected by the owner or operator of the solid waste disposal	26961
facility where the ash or other solid wastes are disposed of.	26962

(E) The fees levied under divisions (B) and (C) of this	26963
section shall be collected by the owner or operator of the solid	26964
waste disposal facility where the wastes are disposed of as a	26965
trustee for the county or joint district and municipal corporation	26966
or township where the wastes are disposed of. Moneys from the	26967
fees levied under division (B) of this section shall be forwarded	26968
to the board of county commissioners or board of directors of the	26969
district in accordance with rules adopted under division (H) of	26970
this section. Moneys from the fees levied under division (C) of	26971
this section shall be forwarded to the treasurer or such other	26972
officer of the municipal corporation as, by virtue of the charter,	26973
has the duties of the treasurer or to the clerk of the township,	26974
as appropriate, in accordance with those rules.	26975

(F) Moneys received by the treasurer or such other officer	26976
of the municipal corporation under division (E) of this section	26977
shall be paid into the general fund of the municipal corporation.	26978
Moneys received by the clerk of the township under that division	26979
shall be paid into the general fund of the township. The	26980
treasurer or such other officer of the municipal corporation or	26981
the clerk, as appropriate, shall maintain separate records of the	26982
moneys received from the fees levied under division (C) of this	26983
section.	26984

(G) Moneys received by the board of county commissioners or	26985
board of directors under division (E) of this section or section	26986
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	26987
shall be paid to the county treasurer, or other official acting in	26988
a similar capacity under a county charter, in a county district or	26989
to the county treasurer or other official designated by the board	26990
of directors in a joint district and kept in a separate and	26991
distinct fund to the credit of the district. If a regional solid	26992
waste management authority has been formed under section 343.011	26993
of the Revised Code, moneys received by the board of trustees of	26994
that regional authority under division (E) of this section shall	26995
be kept by the board in a separate and distinct fund to the credit	26996
of the district. Moneys in the special fund of the county or	26997
joint district arising from the fees levied under division (B) of	26998
this section and the fee levied under division (A) of section	26999
3734.573 of the Revised Code shall be expended by the board of	27000
county commissioners or directors of the district in accordance	27001
with the district's solid waste management plan or amended plan	27002
approved under section 3734.521, 3734.55, or 3734.56 of the	27003
Revised Code exclusively for the following purposes:	27004

(1) Preparation of the solid waste management plan of the	27005
district under section 3734.54 of the Revised Code, monitoring	27006
implementation of the plan, and conducting the periodic review and	27007
amendment of the plan required by section 3734.56 of the Revised	27008
Code by the solid waste management policy committee;	27009

(2) Implementation of the approved solid waste management	27010
plan or amended plan of the district, including, without	27011
limitation, the development and implementation of solid waste	27012
recycling or reduction programs;	27013

(3) Providing financial assistance to boards of health	27014
within the district, if solid waste facilities are located within	27015
the district, for enforcement of this chapter and rules, orders,	27016
and terms and conditions of permits, licenses, and variances	27017
adopted or issued under it, other than the hazardous waste	27018
provisions of this chapter and rules adopted and orders and terms	27019
and conditions of permits issued under those provisions;	27020

(4) Providing financial assistance to each county within the	27021
district to defray the added costs of maintaining roads and other	27022
public facilities and of providing emergency and other public	27023
services resulting from the location and operation of a solid	27024
waste facility within the county under the district's approved	27025
solid waste management plan or amended plan;	27026

(5) Pursuant to contracts entered into with boards of health	27027
within the district, if solid waste facilities contained in the	27028
district's approved plan or amended plan are located within the	27029
district, for paying the costs incurred by those boards of health	27030
for collecting and analyzing samples from public or private water	27031
wells on lands adjacent to those facilities;	27032

(6) Developing and implementing a program for the inspection	27033
of solid wastes generated outside the boundaries of this state	27034
that are disposed of at solid waste facilities included in the	27035
district's approved solid waste management plan or amended plan;	27036

(7) Providing financial assistance to boards of health	27037
within the district for the enforcement of section 3734.03 of the	27038
Revised Code or to local law enforcement agencies having	27039
jurisdiction within the district for enforcing anti-littering laws	27040
and ordinances;	27041

(8) Providing financial assistance to boards of health of	27042
health districts within the district that are on the approved list	27043
under section 3734.08 of the Revised Code to defray the costs to	27044
the health districts for the participation of their employees	27045
responsible for enforcement of the solid waste provisions of this	27046
chapter and rules adopted and orders and terms and conditions of	27047
permits, licenses, and variances issued under those provisions in	27048
the training and certification program as required by rules	27049
adopted under division (L) of section 3734.02 of the Revised Code;	27050

(9) Providing financial assistance to individual municipal	27051
corporations and townships within the district to defray their	27052
added costs of maintaining roads and other public facilities and	27053
of providing emergency and other public services resulting from	27054
the location and operation within their boundaries of a	27055
composting, energy or resource recovery, incineration, or	27056
recycling facility that either is owned by the district or is	27057
furnishing solid waste management facility or recycling services	27058
to the district pursuant to a contract or agreement with the board	27059
of county commissioners or directors of the district;	27060

(10) Payment of any expenses that are agreed to, awarded, or	27061
ordered to be paid under section 3734.35 of the Revised Code and	27062
of any administrative costs incurred pursuant to that section. In	27063
the case of a joint solid waste management district, if the board	27064
of county commissioners of one of the counties in the district is	27065
negotiating on behalf of affected communities, as defined in that	27066
section, in that county, the board shall obtain the approval of	27067
the board of directors of the district in order to expend moneys	27068
for administrative costs incurred.	27069

Prior to the approval of the district's solid waste	27070
management plan under section 3734.55 of the Revised Code, moneys	27071
in the special fund of the district arising from the fees shall be	27072
expended for those purposes in the manner prescribed by the solid	27073
waste management policy committee by resolution.	27074

Notwithstanding division (G)(6) of this section as it existed	27075
prior to October 29, 1993, or any provision in a district's solid	27076
waste management plan prepared in accordance with division	27077
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	27078
prior to that date, any moneys arising from the fees levied under	27079
division (B)(3) of this section prior to January 1, 1994, may be	27080
expended for any of the purposes authorized in divisions (G)(1) to	27081
(10) of this section.	27082

(H) The director shall adopt rules in accordance with	27083
Chapter 119. of the Revised Code prescribing procedures for	27084
collecting and forwarding the fees levied under divisions (B) and	27085
(C) of this section to the boards of county commissioners or	27086
directors of county or joint solid waste management districts and	27087
to the treasurers or other officers of municipal corporations or	27088
to the clerks of townships. The rules also shall prescribe the	27089
dates for forwarding the fees to the boards and officials and may	27090
prescribe any other requirements the director considers necessary	27091
or appropriate to implement and administer divisions (A), (B), and	27092
(C) of this section. Collection of the fees levied under division	27093
(A)(1) of this section shall commence on July 1, 1993. Collection	27094
of the fees levied under division (A)(2) of this section shall	27095
commence on January 1, 1994.	27096

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	27097
facility license issued under section 3734.81 of the Revised Code	27098
shall be in accordance with the following schedule:	27099

Daily Design	Annual	27100
Input Capacity	License	27101
(Tons)	Fee	27102

1 or less	$ 100	27103
2 to 25	500	27104
26 to 50	1,000	27105
51 to 100	1,500	27106
101 to 200	2,500	27107
201 to 500	3,500	27108
501 or more	5,500	27109

For the purpose of determining the applicable license fee	27110
under this division, the daily design input capacity shall be the	27111
quantity of scrap tires the facility is designed to process daily	27112
as set forth in the registration certificate or permit for the	27113
facility, and any modifications to the permit, if applicable,	27114
issued under section 3734.78 of the Revised Code.	27115

(B) The annual fee for a scrap tire monocell or monofill	27116
facility license shall be in accordance with the following	27117
schedule:	27118

Authorized Maximum	Annual	27119
Daily Waste Receipt	License	27120
(Tons)	Fee	27121
100 or less	$ 5,000	27122
101 to 200	12,500	27123
201 to 500	30,000	27124
501 or more	60,000	27125

For the purpose of determining the applicable license fee	27126
under this division, the authorized maximum daily waste receipt	27127
shall be the maximum amount of scrap tires the facility is	27128
authorized to receive daily that is established in the permit for	27129
the facility, and any modification to that permit, issued under	27130
section 3734.77 of the Revised Code.	27131

(C)(1) Except as otherwise provided in division (C)(2) of	27132
this section, the annual fee for a scrap tire storage facility	27133
license shall equal one thousand dollars times the number of acres	27134
on which scrap tires are to be stored at the facility during the	27135
license year, as set forth on the application for the annual	27136
license, except that the total annual license fee for any such	27137
facility shall not exceed three thousand dollars.	27138

(2) The annual fee for a scrap tire storage facility license	27139
for a storage facility that is owned or operated by a motor	27140
vehicle salvage dealer licensed under Chapter 4738. of the Revised	27141
Code is one hundred dollars.	27142

(D)(1) Except as otherwise provided in division (D)(2) of	27143
this section, the annual fee for a scrap tire collection facility	27144
license is two hundred dollars.	27145

(2) The annual fee for a scrap tire collection facility	27146
license for a collection facility that is owned or operated by a	27147
motor vehicle salvage dealer licensed under Chapter 4738. of the	27148
Revised Code is fifty dollars.	27149

(E) Except as otherwise provided in divisions (C)(2) and	27150
(D)(2) of this section, the same fees apply to private operators	27151
and to the state and its political subdivisions and shall be paid	27152
within thirty days after the issuance of a license. The fees	27153
include the cost of licensing, all inspections, and other costs	27154
associated with the administration of the scrap tire provisions of	27155
this chapter and rules adopted under them. Each license shall	27156
specify that it is conditioned upon payment of the applicable fee	27157
to the board of health or the director of environmental	27158
protection, as appropriate, within thirty days after the issuance	27159
of the license.	27160

(F) The board of health shall retain fifteen thousand	27161
dollars of each license fee collected by the board under division	27162
(B) of this section, or the entire amount of any such fee that is	27163
less than fifteen thousand dollars, and the entire amount of each	27164
license fee collected by the board under divisions (A), (C), and	27165
(D) of this section. The moneys retained shall be paid into a	27166
special fund, which is hereby created in each health district, and	27167
used solely to administer and enforce the scrap tire provisions of	27168
this chapter and rules adopted under them. The remainder, if any,	27169
of each license fee collected by the board under division (B) of	27170
this section shall be transmitted to the director within	27171
forty-five days after receipt of the fee.	27172

(G) The director shall transmit the moneys received by the	27173
director from license fees collected under division (B) of this	27174
section to the treasurer of state to be credited to the scrap tire	27175
management fund, which is hereby created in the state treasury.	27176
The fund shall consist of all federal moneys received by the	27177
environmental protection agency for the scrap tire management	27178
program; all grants, gifts, and contributions made to the director	27179
for that program; and all other moneys that may be provided by law	27180
for that program. The director shall use moneys in the fund as	27181
follows:	27182

(1) Expend not more than seven hundred fifty thousand	27183
dollars during each fiscal year to implement, administer, and	27184
enforce the scrap tire provisions of this chapter and rules	27185
adopted under them;	27186

(2) ~~For fiscal years 1998 and 1999, grant not more than one~~	27187
~~hundred fifty thousand dollars during each fiscal year to the~~	27188
~~polymer institute at the university of Akron for the purpose of~~	27189
~~expediting research concerning and evaluation of alternative~~	27190
~~methods of recycling scrap tires. The institute shall report to~~	27191
~~the director annually concerning research programs under review,~~	27192
~~and the results of scrap tire recycling experiments conducted, by~~	27193
~~or in conjunction with the institute. The university shall report~~	27194
~~to the director biennially concerning the expenditures of moneys~~	27195
~~received by the institute under division (G)(2) of this section.~~	27196

~~(3)~~ During each fiscal year, request the director of budget	27197
and management to, and the director of budget and management	27198
shall, transfer one million dollars to the scrap tire ~~loans and~~	27199
~~grants~~ grant fund created in section ~~166.032~~ 1502.12 of the	27200
Revised Code for the purposes specified in that section;	27201

~~(4) Annually transfer to the central support indirect fund~~	27202
~~created in section 3745.014 of the Revised Code an amount equal to~~	27203
~~not more than twelve per cent of each fiscal year's appropriation~~	27204
~~to the scrap tire management fund.~~	27205

~~(H)(1) If, during a fiscal year, more than three million~~	27206
~~five hundred thousand dollars are credited to the scrap tire~~	27207
~~management fund, the director, at the conclusion of the fiscal~~	27208
~~year, shall request the director of budget and management to, and~~	27209
~~the director of budget and management shall, transfer to the scrap~~	27210
~~tire loans and grants fund one-half of the moneys credited to the~~	27211
~~scrap tire management fund in excess of that amount.~~	27212

~~(2) In each fiscal year, if more than three million five~~	27213
~~hundred thousand dollars are credited to the scrap tire management~~	27214
~~fund during the preceding fiscal year, the director shall expend~~	27215
~~during the current fiscal year one-half of that excess amount to~~	27216
~~conduct removal operations under section 3734.85 of the Revised~~	27217
~~Code.~~	27218

(3) Expend not more than three million dollars per year	27219
during fiscal years 2002 and 2003 to conduct removal actions under	27220
section 3734.85 of the Revised Code and to make grants to boards	27221
of health under section 3734.042 of the Revised Code. However,	27222
more than three million dollars may be expended in fiscal years	27223
2002 and 2003 for the purposes of division (G)(3) of this section	27224
if more moneys are collected from the fee levied under division	27225
(A)(2) of section 3734.901 of the Revised Code. During each	27226
subsequent fiscal year the director shall expend not more than	27227
four million five hundred thousand dollars to conduct removal	27228
actions under section 3734.85 of the Revised Code and to make	27229
grants to boards of health under section 3734.042 of the Revised	27230
Code. However, more than four million five hundred thousand	27231
dollars may be expended in a fiscal year for the purposes of	27232
division (G)(3) of this section if more moneys are collected from	27233
the fee levied under division (A)(2) of section 3734.901 of the	27234
Revised Code. The director shall request the approval of the	27235
controlling board prior to the use of the moneys to conduct	27236
removal actions under section 3734.85 of the Revised Code. The	27237
request shall be accompanied by a plan describing the removal	27238
actions to be conducted during the fiscal year and an estimate of	27239
the costs of conducting them. The controlling board shall approve	27240
the plan only if it finds that the proposed removal actions are in	27241
accordance with the priorities set forth in division (B) of	27242
section 3734.85 of the Revised Code and that the costs of	27243
conducting them are reasonable. Controlling board approval is not	27244
required for grants made to boards of health under section	27245
3734.042 of the Revised Code.	27246

(H) If, during a fiscal year, more than seven million	27247
dollars are credited to the scrap tire management fund, the	27248
director, at the conclusion of the fiscal year, shall request the	27249
director of budget and management to, and the director of budget	27250
and management shall, transfer one-half of those excess moneys to	27251
the scrap tire grant fund. The director shall expend the	27252
remaining excess moneys in the scrap tire management fund to	27253
conduct removal actions under section 3734.85 of the Revised Code	27254
in accordance with the procedures established under division (I)	27255
of this section.	27256

(I) After the actions in divisions (G)(1) to ~~(4)~~(3) and (H)	27257
of this section are completed during each prior fiscal year, the	27258
director may expend up to the balance remaining from prior fiscal	27259
years in the scrap tire management fund to conduct removal actions	27260
under section 3734.85 of the Revised Code. Prior to using any	27261
moneys in the fund for that purpose in a fiscal year, the director	27262
shall request the approval of the controlling board for that use	27263
of the moneys. The request shall be accompanied by a plan	27264
describing the removal actions to be conducted during the fiscal	27265
year and an estimate of the costs of conducting them. The	27266
controlling board shall approve the plan only if the board finds	27267
that the proposed removal actions are in accordance with the	27268
priorities set forth in division (B) of section 3734.85 of the	27269
Revised Code and that the costs of conducting them are reasonable.	27270

Sec. 3734.901. (A)(1) For the purpose of providing revenue	27271
to defray the cost of administering and enforcing the scrap tire	27272
provisions of this chapter, rules adopted under those provisions,	27273
and terms and conditions of orders, variances, and licenses issued	27274
under those provisions; to abate accumulations of scrap tires; to	27275
make grants to promote research regarding alternative methods of	27276
recycling scrap tires and loans to promote the recycling or	27277
recovery of energy from scrap tires; and to defray the costs of	27278
administering and enforcing sections 3734.90 to 3734.9014 of the	27279
Revised Code, a fee of fifty cents per tire is hereby levied on	27280
the sale of tires. The fee is levied from the first day of the	27281
calendar month that begins next after thirty days from October 29,	27282
1993, through June 30, 2006.	27283

(2) There is hereby levied an additional fee of fifty cents	27284
per tire on the sale of tires the proceeds of which shall be	27285
deposited in the scrap tire management fund created in section	27286
3734.82 of the Revised Code and be used exclusively for the	27287
purposes specified in division (G)(3) of that section.	27288

(B) Only one sale of the same article shall be used in	27289
computing the amount of the fee due.	27290

Sec. 3734.904. (A) By the twentieth day of each month, each	27291
person required to pay the fee imposed by section 3734.901 of the	27292
Revised Code shall file with the ~~treasurer of state~~ tax	27293
commissioner a return as prescribed by the tax commissioner and	27294
shall make payment of the full amount of the fee due for the	27295
preceding month after deduction of any discount provided for under	27296
division (E) of this section. The return shall be signed by the	27297
person required to file it, or an authorized employee, officer, or	27298
agent. ~~The treasurer shall mark on the return the date it was~~	27299
~~received and indicate payment or nonpayment of the fee shown to be~~	27300
~~due on the return. The treasurer immediately shall transmit all~~	27301
~~returns to the tax commissioner.~~ The return shall be deemed filed	27302
when received by the ~~treasurer of state~~ tax commissioner.	27303

(B) Any person required by this section to file a return who	27304
fails to file such a return within the period prescribed may be	27305
required to pay an additional charge of fifty dollars or ten per	27306
cent of the fee required to be paid for the reporting period,	27307
whichever is greater. The commissioner may collect the additional	27308
charge by assessment pursuant to section 3734.907 of the Revised	27309
Code. The commissioner may remit all or a portion of the	27310
additional charge and may adopt rules relating thereto.	27311

(C) If any fee due is not paid timely in accordance with	27312
this section, the person liable for the fee shall pay interest,	27313
calculated at the rate per annum as prescribed by section 5703.47	27314
of the Revised Code, from the date the fee payment was due to the	27315
date of payment or to the date an assessment is issued, whichever	27316
occurs first. Interest shall be paid in the same manner as the	27317
fee, and the commissioner may collect the interest by assessment	27318
pursuant to section 3734.907 of the Revised Code.	27319

(D) If, in the estimation of the tax commissioner, the	27320
average liability of the person liable for the fee is such as not	27321
to merit monthly filing, the commissioner may authorize the person	27322
to file and pay at less frequent intervals. Returns are due by	27323
the twentieth day of the month following the close of the	27324
applicable reporting period authorized under this division.	27325

(E) If a return is filed and the amount of the fee shown to	27326
be due on the return is paid on or before the date that the return	27327
is required to be filed under division (A) of this section or	27328
pursuant to division (D) of this section, whichever is applicable,	27329
the person liable for the fee is entitled to a discount of four	27330
per cent of the amount shown to be due on the return.	27331

(F) All money collected by the tax commissioner under this	27332
section shall be paid to the treasurer of state as revenue arising	27333
from the fee imposed by section 3734.901 of the Revised Code.	27334

Sec. 3735.27. (A) Whenever the director of development has	27335
determined that there is need for a housing authority in any	27336
portion of any county that comprises two or more political	27337
subdivisions or portions thereof but is less than all the	27338
territory within the county, a metropolitan housing authority	27339
shall be declared to exist and the territorial limits thereof	27340
shall be defined by a letter from the director. The director	27341
shall issue a determination from the department of development	27342
declaring that there is need for a housing authority within such	27343
territorial limits ~~if he finds~~ after finding either:	27344

(1) Unsanitary or unsafe inhabited housing accommodations	27345
exist in such area;	27346

(2) There is a shortage of safe and sanitary housing	27347
accommodations in such area available to persons who lack the	27348
amount of income which is necessary, as determined by the	27349
director, to enable them, without financial assistance, to live in	27350
decent, safe, and sanitary dwellings without congestion.	27351

In determining whether dwelling accommodations are unsafe or	27352
unsanitary the director may take into consideration the degree of	27353
congestion, the percentage of land coverage, the light, air,	27354
space, and access available to the inhabitants of such dwelling	27355
accommodations, the size and arrangement of the rooms, the	27356
sanitary facilities, and the extent to which conditions exist in	27357
such buildings which endanger life or property by fire or other	27358
causes.	27359

The territorial limits of a housing authority, defined by the	27360
director, shall be fixed for such authority upon proof of a letter	27361
from the director declaring the need for such authority to	27362
function in those territorial limits. Any such letter from the	27363
director, any certificate of determination issued by the director,	27364
and any certificate of appointment of members of the authority	27365
shall be admissible in evidence in any suit, action, or	27366
proceeding.	27367

A certified copy of the letter from the director, declaring	27368
the existence and boundaries of a housing authority district,	27369
shall be immediately forwarded to each appointing authority. A	27370
housing authority shall consist of five members, who shall be	27371
residents of the territory embraced in such metropolitan housing	27372
authority district.	27373

(B) Except as otherwise provided in division (C) of this	27374
section, one member shall be appointed by the probate court, one	27375
member by the court of common pleas, one member by the board of	27376
county commissioners, and two members by the chief executive	27377
officer of the most populous city in the territory included in the	27378
district, in accordance with the last preceding federal census. At	27379
the time of the initial appointment of the authority, the member	27380
appointed by the probate court shall be appointed for a period of	27381
four years, the appointee of the court of common pleas for three	27382
years, the appointee of the board of county commissioners for two	27383
years, one appointee of the chief executive officer for one year	27384
and one appointee of the chief executive officer for five years.	27385
Thereafter, all members of the authority shall be appointed for	27386
five-year terms and vacancies due to expired terms shall be filled	27387
by the same appointing powers.	27388

(C) For any metropolitan housing authority district that	27389
~~contains~~ contained, as of the 1990 federal census, a population of	27390
at least one million, two members of the authority shall be	27391
appointed by the municipal legislative authority of the most	27392
populous city in the territory included in the district, two	27393
members by the chief executive officer of the most populous city	27394
in the territory included in the district, and one member by the	27395
chief executive officer, with the approval of the municipal	27396
legislative authority, of the city in the district which has the	27397
second highest number of housing units owned or managed by the	27398
authority.	27399

At the time of the initial appointment of the authority, one	27400
member appointed by the municipal legislative authority of the	27401
most populous city in the territory included in the district shall	27402
be appointed for three years, and one for one year; the appointee	27403
of the chief executive officer of the city with the second highest	27404
number of housing units owned or managed by the authority shall be	27405
appointed, with the approval of the municipal legislative	27406
authority, for three years; one appointee of the chief executive	27407
officer of the most populous city in the district shall be	27408
appointed for three years, and one for one year. Thereafter, all	27409
members of the authority shall be appointed for three-year terms,	27410
and any vacancy shall be filled by the same appointing power that	27411
made the initial appointment. At the expiration of the term of	27412
any member appointed by the chief executive officer of the most	27413
populous city in the territory included in the district prior to	27414
March 15, 1983, the chief executive officer of the most populous	27415
city in the district shall fill the vacancy by appointment for a	27416
three-year term. At the expiration of the term of any member	27417
appointed by the board of county commissioners prior to March 15,	27418
1983, the chief executive officer of the city in the district with	27419
the second highest number of housing units owned or managed by the	27420
authority shall, with the approval of the municipal legislative	27421
authority, fill the vacancy by appointment for a three-year term.	27422
At the expiration of the term of any member appointed prior to	27423
March 15, 1983 by the court of common pleas or the probate court,	27424
the legislative authority of the most populous city in the	27425
territory included in the district shall fill the vacancy by	27426
appointment for a three-year term.	27427

After March 15, 1983, at least one of the members appointed	27428
by the chief executive officer of the most populous city shall be	27429
a resident of a dwelling unit owned or managed by the housing	27430
authority. At least one of the initial appointments by the chief	27431
executive officer of the most populous city, after March 15, 1983,	27432
shall be a resident of a dwelling unit owned or managed by the	27433
housing authority. Thereafter, any member appointed by the chief	27434
executive officer for the term established by this initial	27435
appointment, or for any succeeding term thereof, shall be a person	27436
who resides in a dwelling unit owned or managed by the housing	27437
authority. If there is an elected, representative body of all	27438
residents of the housing authority, then the chief executive	27439
officer shall, whenever there is a vacancy in this resident term,	27440
provide written notice of the vacancy to the representative body.	27441
If the representative body submits to the chief executive officer,	27442
in writing and within sixty days after the date on which it was	27443
notified of the vacancy, the names of at least five residents of	27444
the housing authority who are willing and qualified to serve as a	27445
member, then the chief executive officer shall appoint to the	27446
resident term one of the residents recommended by the	27447
representative body. At no time shall residents constitute a	27448
majority of the members of the authority.	27449

(D) Public officials, other than the officers having the	27450
appointing power under this section, shall be eligible to serve as	27451
members, officers, or employees of the housing authority	27452
notwithstanding any statute, charter, or law to the contrary. Not	27453
more than two such public officials shall be members of the	27454
authority at any one time.	27455

All members of such housing authority shall serve without	27456
compensation but shall be entitled to be reimbursed for all	27457
necessary expenses incurred. After such district has been formed,	27458
the director may enlarge the territory within such district to	27459
include other political subdivisions, or portions thereof, but the	27460
territorial limits of which shall be less than that of the county.	27461

Sec. 3745.014. There is hereby created in the state treasury	27462
the central support indirect fund, which shall be administered by	27463
the director of environmental protection. Money credited to the	27464
fund shall be used for administrative costs of the environmental	27465
protection agency ~~that are related to expenditures by the agency~~	27466
~~from funds of the general services fund group and the state~~	27467
~~special revenue fund group~~. The director may assess any operating	27468
funds of from which the agency ~~within the general services fund~~	27469
~~group or the state special revenue fund group~~ receives	27470
appropriations, except the central support indirect fund, for a	27471
share of the administrative costs of the agency. The ~~assessments~~	27472
~~shall be paid from the general services funds and state special~~	27473
~~revenue funds designated by the director and~~ amounts assessed	27474
shall be transferred to the central support indirect fund by means	27475
of intrastate transfer vouchers. The director, with the approval	27476
of the director of budget and management, shall determine the rate	27477
of assessments~~, which shall not exceed twelve per cent of the~~	27478
~~total fiscal year appropriation from any such fund for the fiscal~~	27479
~~year unless the controlling board approves a request from the~~	27480
~~director for a higher rate~~.	27481

Sec. 3745.04. As used in this section, "any person" means	27482
any individual, any partnership, corporation, association, or	27483
other legal entity, or any political subdivision, instrumentality,	27484
or agency of a state, whether or not the individual or legal	27485
entity is an applicant for or holder of a license, permit, or	27486
variance from the environmental protection agency, and includes	27487
any department, agency, or instrumentality of the federal	27488
government that is an applicant for or holder of a license,	27489
permit, or variance from the environmental protection agency.	27490

As used in this section, "action" or "act" includes the	27491
adoption, modification, or repeal of a rule or standard, the	27492
issuance, modification, or revocation of any lawful order other	27493
than an emergency order, and the issuance, denial, modification,	27494
or revocation of a license, permit, lease, variance, or	27495
certificate, or the approval or disapproval of plans and	27496
specifications pursuant to law or rules adopted thereunder.	27497

Any person who was a party to a proceeding before the	27498
director of environmental protection may participate in an appeal	27499
to the environmental review appeals commission for an order	27500
vacating or modifying the action of the director ~~of environmental~~	27501
~~protection~~ or a local board of health, or ordering the director or	27502
board of health to perform an act. The environmental review	27503
appeals commission has exclusive original jurisdiction over any	27504
matter that may, under this section, be brought before it.	27505

The person so appealing to the commission shall be known as	27506
appellant, and the director and any party to a proceeding	27507
substantially supporting the finding from which the appeal is	27508
taken shall be known as appellee, except that when an appeal	27509
involves a license to operate a disposal site or facility, the	27510
local board of health or the director of environmental protection,	27511
and any party to a proceeding substantially supporting the finding	27512
from which the appeal is taken, shall, as appropriate, be known as	27513
the appellee. Appellant and appellee shall be deemed to be	27514
parties to the appeal.	27515

The appeal shall be in writing and shall set forth the action	27516
complained of and the grounds upon which the appeal is based.	27517

The appeal shall be filed with the commission within thirty	27518
days after notice of the action. Notice of the filing of the	27519
appeal shall be filed with the appellee within three days after	27520
the appeal is filed with the commission.	27521

The appeal shall be accompanied by a filing fee of ~~forty~~	27522
sixty dollars, which the commission, in its discretion, may waive	27523
in cases of extreme hardship.	27524

Within seven days after receipt of the notice of appeal, the	27525
director or local board of health shall prepare and certify to the	27526
commission a record of the proceedings out of which the appeal	27527
arises, including all documents and correspondence, and a	27528
transcript of all testimony.	27529

Upon the filing of the appeal, the commission shall fix the	27530
time and place at which the hearing on the appeal will be held.	27531
The commission shall give the appellant and the appellee at least	27532
ten days' written notice thereof by certified mail. The	27533
commission shall hold the hearing within thirty days after the	27534
notice of appeal is filed. The commission may postpone or	27535
continue any hearing upon its own motion or upon application of	27536
the appellant or of the appellee.	27537

The filing of an appeal does not automatically suspend or	27538
stay execution of the action appealed from. Upon application by	27539
the appellant, the commission may suspend or stay ~~such~~ the	27540
execution pending immediate determination of the appeal without	27541
interruption by continuances, other than for unavoidable	27542
circumstances.	27543

As used in this section and sections 3745.05 and 3745.06 of	27544
the Revised Code, "director of environmental protection" and	27545
"director" are deemed to include the director of agriculture and	27546
"environmental protection agency" is deemed to include the	27547
department of agriculture with respect to actions that are	27548
appealable to the commission under Chapter 903. of the Revised	27549
Code.	27550

Sec. 3745.10. (A) Not later than ten business days after	27551
receipt of an application for a permit to install, or a	27552
modification of such a permit, under rules adopted under division	27553
(F) of section 3704.03 of the Revised Code or for the approval of	27554
plans under section 6111.44, 6111.45, or 6111.46 of the Revised	27555
Code, the director of environmental protection shall send to the	27556
applicant written acknowledgement of receipt of the application.	27557
The written acknowledgement shall contain a completeness	27558
determination indicating either that the application contains all	27559
of the information that is necessary to perform a technical	27560
review or that the application is incomplete. If the application	27561
is incomplete, the written acknowledgement also shall provide a	27562
description of the information that is missing from the	27563
application.	27564

(B) If the director fails to make the completeness	27565
determination and provide written notice of that determination not	27566
later than ten business days after receipt of the application, the	27567
application shall be deemed to be complete in all material	27568
respects as of the eleventh business day after receipt of the	27569
application by the director or the director's agent or authorized	27570
representative.	27571

(C) If, during the processing of an application, the	27572
director determines, either before or after it has been determined	27573
or deemed to be complete under this section, that additional	27574
information is necessary in order to evaluate or take final action	27575
on the application, the director may request the information in	27576
writing.	27577

Sec. 3745.11. (A) Applicants for and holders of permits,	27578
licenses, variances, plan approvals, and certifications issued by	27579
the director of environmental protection pursuant to Chapters	27580
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	27581
to the environmental protection agency for each such issuance and	27582
each application for an issuance as provided by this section. No	27583
fee shall be charged for any issuance for which no application has	27584
been submitted to the director.	27585

(B) Prior to January 1, 1994, each person issued a permit to	27586
operate, variance, or permit to install under section 3704.03 of	27587
the Revised Code shall pay the fees specified in the following	27588
schedule:	27589

(1) Fuel-Burning Equipment

27590

Input capacity	Permit		Permit	27591
(million British	to		to	27592
thermal units per hour)	operate	Variance	install	27593

0 or more, but less than 10	$ 75	$225	$ 100	27594
10 or more, but less than 100	210	450	390	27595
100 or more, but less than 300	270	675	585	27596
300 or more, but less than 500	330	900	780	27597
500 or more	500	975	1000	27598

Any fuel-burning equipment using only natural gas, propane,	27599
liquefied petroleum gas, or number two or lighter fuel oil shall	27600
be assessed a fee one-half of that shown.	27601

(2) Incinerators

27602

	Permit		Permit	27603
Input capacity	to		to	27604
(pounds per hour)	operate	Variance	install	27605

0 to 50	$ 50	$225	$ 65	27606
51 to 500	210	450	390	27607
501 to 2000	270	675	585	27608
2001 to 30,000	330	900	780	27609
more than 30,000	500	975	1000	27610

(3) Process

27611

	Permit		Permit	27612
Process weight rate	to		to	27613
(pounds per hour)	operate	Variance	install	27614

0 to 1000	$100	$225	$ 200	27615
1001 to 5000	210	450	390	27616
5001 to 10,000	270	675	585	27617
10,001 to 50,000	330	900	780	27618
more than 50,000	500	975	1000	27619

In any process where process weight rate cannot be	27620
ascertained, the minimum fee shall be assessed.	27621

(4) Storage tanks

27622

	Permit		Permit	27623
Gallons	to	~~variance~~	to	27624
(capacity)	operate	Variance	install	27625

~~less~~ Less than 40,000	$150	$225	$ 195	27626
40,000 or more, but less				27627
than 100,000	210	450	390	27628
100,000 or more, but less				27629
than 400,000	270	675	585	27630
400,000 or more, but less				27631
than 1,000,000	330	900	780	27632
1,000,000 or more	500	975	1000	27633

(5) Gasoline

27634

	Permit		Permit	27635
Gasoline dispensing	to		to	27636
facilities	operate	Variance	install	27637

For each gasoline					27638
dispensing facility	$20	$100	$50		27639

(6) Dry cleaning

27640

	Permit		Permit	27641
Dry cleaning	to		to	27642
facilities	operate	Variance	install	27643

For each dry cleaning					27644
facility	$50	$200	$100		27645

(7) Coal mining operations regulated under Chapter 1513. of	27646
the Revised Code shall be assessed a fee of two hundred fifty	27647
dollars per mine or location.	27648

(C)(1) Except as otherwise provided in division (C)(2) of	27649
this section, beginning July 1, 1994, each person who owns or	27650
operates an air contaminant source and who is required to apply	27651
for and obtain a Title V permit under section 3704.036 of the	27652
Revised Code shall pay the fees set forth in division (C)(1) of	27653
this section. For the purposes of that division, total emissions	27654
of air contaminants may be calculated using engineering	27655
calculations, emissions factors, material balance calculations, or	27656
performance testing procedures, as authorized by the director.	27657

The following fees shall be assessed on the total actual	27658
emissions from a source in tons per year of the regulated	27659
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	27660
organic compounds, and lead:	27661

(a) Fifteen dollars per ton on the total actual emissions of	27662
each such regulated pollutant during the period July through	27663
December 1993, to be collected no sooner than July 1, 1994;	27664

(b) Twenty dollars per ton on the total actual emissions of	27665
each such regulated pollutant during calendar year 1994, to be	27666
collected no sooner than April 15, 1995;	27667

(c) Twenty-five dollars per ton on the total actual	27668
emissions of each such regulated pollutant in calendar year 1995,	27669
and each subsequent calendar year, to be collected no sooner than	27670
the fifteenth day of April of the year next succeeding the	27671
calendar year in which the emissions occurred.	27672

The fees levied under division (C)(1) of this section do not	27673
apply to that portion of the emissions of a regulated pollutant at	27674
a facility that exceed four thousand tons during a calendar year.	27675

(2) The fees assessed under division (C)(1) of this section	27676
are for the purpose of providing funding for the Title V permit	27677
program.	27678

(3) The fees assessed under division (C)(1) of this section	27679
do not apply to emissions from any electric generating unit	27680
designated as a Phase I unit under Title IV of the federal Clean	27681
Air Act prior to calendar year 2000. Those fees shall be assessed	27682
on the emissions from such a generating unit commencing in	27683
calendar year 2001 based upon the total actual emissions from the	27684
generating unit during calendar year 2000 and shall continue to be	27685
assessed each subsequent calendar year based on the total actual	27686
emissions from the generating unit during the preceding calendar	27687
year.	27688

(4) The director shall issue invoices to owners or operators	27689
of air contaminant sources who are required to pay a fee assessed	27690
under division (C) or (D) of this section. Any such invoice shall	27691
be issued no sooner than the applicable date when the fee first	27692
may be collected in a year under the applicable division, shall	27693
identify the nature and amount of the fee assessed, and shall	27694
indicate that the fee is required to be paid within thirty days	27695
after the issuance of the invoice.	27696

(D)(1) Except as provided in division (D)(2) of this	27697
section, beginning January 1, 1994, each person who owns or	27698
operates an air contaminant source; who is required to apply for a	27699
permit to operate pursuant to rules adopted under division (G), or	27700
a variance pursuant to division (H), of section 3704.03 of the	27701
Revised Code; and who is not required to apply for and obtain a	27702
Title V permit under section 3704.036 of the Revised Code shall	27703
pay a single fee based upon the sum of the actual annual emissions	27704
from the facility of the regulated pollutants particulate matter,	27705
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	27706
accordance with the following schedule:	27707

Total tons per year		27708
of regulated pollutants	Annual fee	27709
emitted	per facility	27710
More than 0, but less than 50	$ 75	27711
50 or more, but less than 100	300	27712
100 or more	700	27713

(2)(a) As used in division (D) of this section, "synthetic	27714
minor facility" means a facility for which one or more permits to	27715
install or permits to operate have been issued for the air	27716
contaminant sources at the facility that include terms and	27717
conditions that lower the facility's potential to emit air	27718
contaminants below the major source thresholds established in	27719
rules adopted under section 3704.036 of the Revised Code.	27720

(b) Beginning January 1, 2000, through June 30, ~~2001~~ 2004,	27721
each person who owns or operates a synthetic minor facility shall	27722
pay an annual fee based on the sum of the actual annual emissions	27723
from the facility of particulate matter, sulfur dioxide, nitrogen	27724
dioxide, organic compounds, and lead in accordance with the	27725
following schedule:	27726

Combined total tons		27727
per year of all regulated	Annual fee	27728
pollutants emitted	per facility	27729

Less than 10	$ 170	27730
10 or more, but less than 20	340	27731
20 or more, but less than 30	670	27732
30 or more, but less than 40	1,010	27733
40 or more, but less than 50	1,340	27734
50 or more, but less than 60	1,680	27735
60 or more, but less than 70	2,010	27736
70 or more, but less than 80	2,350	27737
80 or more, but less than 90	2,680	27738
90 or more, but less than 100	3,020	27739
100 or more	3,350	27740

(3) The fees assessed under division (D)(1) of this section	27741
shall be collected annually no sooner than the fifteenth day of	27742
April, commencing in 1995. The fees assessed under division	27743
(D)(2) of this section shall be collected no sooner than the	27744
fifteenth day of April, commencing in 2000~~, and shall continue~~	27745
~~through June 30, 2001~~. The fees assessed under division (D) of	27746
this section in a calendar year shall be based upon the sum of the	27747
actual emissions of those regulated pollutants during the	27748
preceding calendar year. For the purpose of division (D) of this	27749
section, emissions of air contaminants may be calculated using	27750
engineering calculations, emission factors, material balance	27751
calculations, or performance testing procedures, as authorized by	27752
the director. The director, by rule, may require persons who are	27753
required to pay the fees assessed under division (D) of this	27754
section to pay those fees biennially rather than annually.	27755

(E)(1) Consistent with the need to cover the reasonable	27756
costs of the Title V permit program, the director annually shall	27757
increase the fees prescribed in division (C)(1) of this section by	27758
the percentage, if any, by which the consumer price index for the	27759
most recent calendar year ending before the beginning of a year	27760
exceeds the consumer price index for calendar year 1989. Upon	27761
calculating an increase in fees authorized by division (E)(1) of	27762
this section, the director shall compile revised fee schedules for	27763
the purposes of division (C)(1) of this section and shall make the	27764
revised schedules available to persons required to pay the fees	27765
assessed under that division and to the public.	27766

(2) For the purposes of division (E)(1) of this section:

27767

(a) The consumer price index for any year is the average of	27768
the consumer price index for all urban consumers published by the	27769
United States department of labor as of the close of the	27770
twelve-month period ending on the thirty-first day of August of	27771
that year;.	27772

(b) If the 1989 consumer price index is revised, the	27773
director shall use the revision of the consumer price index that	27774
is most consistent with that for calendar year 1989.	27775

(F) Each person who is issued a permit to install pursuant	27776
to rules adopted under division (F) of section 3704.03 of the	27777
Revised Code on or after January 1, 1994, shall pay the fees	27778
specified in the following schedules:	27779

(1) Fuel-burning equipment (boilers)

27780

Input capacity (maximum)		27781
(million British thermal units per hour)	Permit to install	27782
Greater than 0, but less than 10	$ 200	27783
10 or more, but less than 100	400	27784
100 or more, but less than 300	800	27785
300 or more, but less than 500	1500	27786
500 or more, but less than 1000	2500	27787
1000 or more, but less than 5000	4000	27788
5000 or more	6000	27789

Units burning exclusively natural gas, number two fuel oil,	27790
or both shall be assessed a fee that is one-half the applicable	27791
amount shown in division (F)(1) of this section.	27792

(2) Incinerators

27793

Input capacity (pounds per hour)	Permit to install	27794
0 to 100	$ 100	27795
101 to 500	400	27796
501 to 2000	750	27797
2001 to 20,000	1000	27798
more than 20,000	2500	27799

(3)(a) Process

27800

Process weight rate (pounds per hour)	Permit to install	27801
0 to 1000	$ 200	27802
1001 to 5000	400	27803
5001 to 10,000	600	27804
10,001 to 50,000	800	27805
more than 50,000	1000	27806

In any process where process weight rate cannot be	27807
ascertained, the minimum fee shall be assessed.	27808

(b) Notwithstanding division (F)(3)(a) of this section, any	27809
person issued a permit to install pursuant to rules adopted under	27810
division (F) of section 3704.03 of the Revised Code shall pay the	27811
fees set forth in division (F)(3)(c) of this section for a process	27812
used in any of the following industries, as identified by the	27813
applicable four-digit standard industrial classification code	27814
according to the Standard Industrial Classification Manual	27815
published by the United States office of management and budget in	27816
the executive office of the president, 1972, as revised:	27817

1211 Bituminous coal and lignite mining;

27818

1213 Bituminous coal and lignite mining services;

27819

1411 Dimension stone;

27820

1422 Crushed and broken limestone;

27821

1427 Crushed and broken stone, not elsewhere classified;

27822

1442 Construction sand and gravel;

27823

1446 Industrial sand;

27824

3281 Cut stone and stone products;

27825

3295 Minerals and earth, ground or otherwise treated.

27826

(c) The fees set forth in the following schedule apply to	27827
the issuance of a permit to install pursuant to rules adopted	27828
under division (F) of section 3704.03 of the Revised Code for a	27829
process identified in division (F)(3)(b) of this section:	27830

Gallons (maximum		27831
useful capacity)	Permit to install	27832
0 to 20,000	$ 100	27833
20,001 to 40,000	150	27834
40,001 to 100,000	200	27835
100,001 to 250,000	250	27836
250,001 to 500,000	350	27837
500,001 to 1,000,000	500	27838
1,000,001 or greater	750	27839

(4) Storage tanks

27840

Gallons (maximum useful capacity)	Permit to install	27841
0 to 20,000	$100	27842
20,001 to 40,000	150	27843
40,001 to 100,000	200	27844
100,001 to 250,000	250	27845
250,001 to 500,000	350	27846
500,001 to 1,000,000	500	27847
1,000,001 or greater	750	27848

(5) Gasoline/fuel dispensing facilities

27849

For each gasoline/fuel			Permit to install			27850
dispensing facility			$ 100			27851

(6) Dry cleaning facilities

27852

For each dry cleaning		27853
facility (includes all units	Permit to install	27854
at the facility)	$ 100	27855

(7) Registration status

27856

For each source covered			Permit to install			27857
by registration status			$ 75			27858

(G) An owner or operator who is responsible for an asbestos	27859
demolition or renovation project pursuant to rules adopted under	27860
section 3704.03 of the Revised Code shall pay the fees set forth	27861
in the following schedule:	27862

Action	Fee	27863
Each notification	$75	27864
Asbestos removal	$3/unit	27865
Asbestos cleanup	$4/cubic yard	27866

For purposes of this division, "unit" means any combination of	27867
linear feet or square feet equal to fifty.	27868

(H) A person who is issued an extension of time for a permit	27869
to install an air contaminant source pursuant to rules adopted	27870
under division (F) of section 3704.03 of the Revised Code shall	27871
pay a fee equal to one-half the fee originally assessed for the	27872
permit to install under this section, except that the fee for such	27873
an extension shall not exceed two hundred dollars.	27874

(I) A person who is issued a modification to a permit to	27875
install an air contaminant source pursuant to rules adopted under	27876
section 3704.03 of the Revised Code shall pay a fee equal to	27877
one-half of the fee that would be assessed under this section to	27878
obtain a permit to install the source. The fee assessed by this	27879
division only applies to modifications that are initiated by the	27880
owner or operator of the source and shall not exceed two thousand	27881
dollars.	27882

(J) Notwithstanding division (B) or (F) of this section, a	27883
person who applies for or obtains a permit to install pursuant to	27884
rules adopted under division (F) of section 3704.03 of the Revised	27885
Code after the date actual construction of the source began shall	27886
pay a fee for the permit to install that is equal to twice the fee	27887
that otherwise would be assessed under the applicable division	27888
unless the applicant received authorization to begin construction	27889
under division (W) of section 3704.03 of the Revised Code. This	27890
division only applies to sources for which actual construction of	27891
the source begins on or after July 1, 1993. The imposition or	27892
payment of the fee established in this division does not preclude	27893
the director from taking any administrative or judicial	27894
enforcement action under this chapter, Chapter 3704., 3714.,	27895
3734., or 6111. of the Revised Code, or a rule adopted under any	27896
of them, in connection with a violation of rules adopted under	27897
division (F) of section 3704.03 of the Revised Code.	27898

As used in this division, "actual construction of the source"	27899
means the initiation of physical on-site construction activities	27900
in connection with improvements to the source that are permanent	27901
in nature, including, without limitation, the installation of	27902
building supports and foundations and the laying of underground	27903
pipework.	27904

(K) Fifty cents per ton of each fee assessed under division	27905
(C) of this section on actual emissions from a source and received	27906
by the environmental protection agency pursuant to that division	27907
shall be deposited into the state treasury to the credit of the	27908
small business assistance fund created in section 3706.19 of the	27909
Revised Code. The remainder of the moneys received by the	27910
division pursuant to that division and moneys received by the	27911
agency pursuant to divisions (D), (F), (G), (H), (I), and (J) of	27912
this section shall be deposited in the state treasury to the	27913
credit of the clean air fund created in section 3704.035 of the	27914
Revised Code.	27915

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	27916
or (c) of this section, a person issued a water discharge permit	27917
or renewal of a water discharge permit pursuant to Chapter 6111.	27918
of the Revised Code shall pay a fee based on each point source to	27919
which the issuance is applicable in accordance with the following	27920
schedule:	27921

Design flow discharge (gallons per day)	Fee	27922
0 to 1000	$ 0	27923
1,001 to 5000	100	27924
5,001 to 50,000	200	27925
50,001 to 100,000	300	27926
100,001 to 300,000	525	27927
over 300,000	750	27928

(b) Notwithstanding the fee schedule specified in division	27929
(L)(1)(a) of this section, the fee for a water discharge permit	27930
that is applicable to coal mining operations regulated under	27931
Chapter 1513. of the Revised Code shall be two hundred fifty	27932
dollars per mine.	27933

(c) Notwithstanding the fee schedule specified in division	27934
(L)(1)(a) of this section, the fee for a water discharge permit	27935
for a public discharger identified by I in the third character of	27936
the permittee's NPDES permit number shall not exceed seven hundred	27937
fifty dollars.	27938

(2) A person applying for a plan approval for a wastewater	27939
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	27940
of the Revised Code shall pay a fee of one hundred dollars plus	27941
sixty-five one-hundredths of one per cent of the estimated project	27942
cost through June 30, ~~2002~~ 2004, and one hundred dollars plus	27943
two-tenths of one per cent of the estimated project cost on and	27944
after July 1, ~~2002~~ 2004, except that the total fee shall not	27945
exceed fifteen thousand dollars through June 30, ~~2002~~ 2004, and	27946
five thousand dollars on and after July 1, ~~2002~~ 2004. The fee	27947
shall be paid at the time the application is submitted.	27948

(3) A person issued a modification of a water discharge	27949
permit shall pay a fee equal to one-half the fee that otherwise	27950
would be charged for a water discharge permit, except that the fee	27951
for the modification shall not exceed four hundred dollars.	27952

(4) A person who has entered into an agreement with the	27953
director under section 6111.14 of the Revised Code shall pay an	27954
administrative service fee for each plan submitted under that	27955
section for approval that shall not exceed the minimum amount	27956
necessary to pay administrative costs directly attributable to	27957
processing plan approvals. The director annually shall calculate	27958
the fee and shall notify all persons who have entered into	27959
agreements under that section, or who have applied for agreements,	27960
of the amount of the fee.	27961

(5)(a)(i) Not later than January 30, ~~2000~~ 2002, and January	27962
30, ~~2001~~ 2003, a person holding an NPDES discharge permit issued	27963
pursuant to Chapter 6111. of the Revised Code with an average	27964
daily discharge flow of five thousand gallons or more shall pay a	27965
nonrefundable annual discharge fee. Any person who fails to pay	27966
the fee at that time shall pay an additional amount that equals	27967
ten per cent of the required annual discharge fee.	27968

(ii) The billing year for the annual discharge fee	27969
established in division (L)(5)(a)(i) of this section shall consist	27970
of a twelve-month period beginning on the first day of January of	27971
the year preceding the date when the annual discharge fee is due.	27972
In the case of an existing source that permanently ceases to	27973
discharge during a billing year, the director shall reduce the	27974
annual discharge fee, including the surcharge applicable to	27975
certain industrial facilities pursuant to division (L)(5)(c) of	27976
this section, by one-twelfth for each full month during the	27977
billing year that the source was not discharging, but only if the	27978
person holding the NPDES discharge permit for the source notifies	27979
the director in writing, not later than the first day of October	27980
of the billing year, of the circumstances causing the cessation of	27981
discharge.	27982

(iii) The annual discharge fee established in division	27983
(L)(5)(a)(i) of this section, except for the surcharge applicable	27984
to certain industrial facilities pursuant to division (L)(5)(c) of	27985
this section, shall be based upon the average daily discharge flow	27986
in gallons per day calculated using first day of May through	27987
thirty-first day of October flow data for the period two years	27988
prior to the date on which the fee is due. In the case of NPDES	27989
discharge permits for new sources, the fee shall be calculated	27990
using the average daily design flow of the facility until actual	27991
average daily discharge flow values are available for the time	27992
period specified in division (L)(5)(a)(iii) of this section. The	27993
annual discharge fee may be prorated for a new source as described	27994
in division (L)(5)(a)(ii) of this section.	27995

(b) An NPDES permit holder that is a public discharger shall	27996
pay the fee specified in the following schedule:	27997

Average daily	~~Fee due by~~	Fee due by	27998
discharge flow	~~January 30, 2000~~	January 30, ~~2001~~	27999
		2002, and	28000
		January 30, 2003	28001

5,000 to 49,999	~~$ 180~~	$ 200	28002
50,000 to 100,000	~~450~~	500	28003
100,001 to 250,000	~~900~~	1,050	28004
250,001 to 1,000,000	~~2,250~~	2,600	28005
1,000,001 to 5,000,000	~~4,500~~	5,200	28006
5,000,001 to 10,000,000	~~9,000~~	10,350	28007
10,000,001 to 20,000,000	~~13,500~~	15,550	28008
20,000,001 to 50,000,000	~~22,500~~	25,900	28009
50,000,001 to 100,000,000	~~36,000~~	41,400	28010
100,000,001 or more	~~54,000~~	62,100	28011

Public dischargers owning or operating two or more publicly	28012
owned treatment works serving the same political subdivision, as	28013
"treatment works" is defined in section 6111.01 of the Revised	28014
Code, and that serve exclusively political subdivisions having a	28015
population of fewer than one hundred thousand shall pay an annual	28016
discharge fee under division (L)(5)(b) of this section that is	28017
based on the combined average daily discharge flow of the	28018
treatment works.	28019

~~(C)~~(c) An NPDES permit holder that is an industrial	28020
discharger, other than a coal mining operator identified by P in	28021
the third character of the permittee's NPDES permit number, shall	28022
pay the fee specified in the following schedule:	28023

Average daily	~~Fee due by~~	Fee due by	28024
discharge flow	~~January 30, 2000~~	January 30, ~~2001~~	28025
		2002, and	28026
		January 30, 2003	28027

5,000 to 49,999	~~$ 180~~	$ 250	28028
50,000 to 250,000	~~900~~	1,200	28029
250,001 to 1,000,000	~~2,250~~	2,950	28030
1,000,001 to 5,000,000	~~4,500~~	5,850	28031
5,000,001 to 10,000,000	~~6,750~~	8,800	28032
10,000,001 to 20,000,000	~~9,000~~	11,700	28033
20,000,001 to 100,000,000	~~10,800~~	14,050	28034
100,000,001 to 250,000,000	~~12,600~~	16,400	28035
250,000,001 or more	~~14,400~~	18,700	28036

In addition to the fee specified in the above schedule, an	28037
NPDES permit holder that is an industrial discharger classified as	28038
a major discharger during all or part of the annual discharge fee	28039
billing year specified in division (L)(5)(a)(ii) of this section	28040
shall pay a nonrefundable annual surcharge of ~~six thousand seven~~	28041
~~hundred fifty dollars not later than January 30, 2000, and a~~	28042
~~nonrefundable annual surcharge of~~ seven thousand five hundred	28043
dollars not later than January 30, ~~2001~~ 2002, and not later than	28044
January 30, 2003. Any person who fails to pay the surcharge at	28045
that time shall pay an additional amount that equals ten per cent	28046
of the amount of the surcharge.	28047

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	28048
section, a public discharger identified by I in the third	28049
character of the permittee's NPDES permit number and an industrial	28050
discharger identified by I, J, L, V, W, X, Y, or Z in the third	28051
character of the permittee's NPDES permit number shall pay a	28052
nonrefundable annual discharge fee of one hundred eighty dollars	28053
not later than January 30, ~~2000~~ 2002, and not later than January	28054
30, ~~2001~~ 2003. Any person who fails to pay the fee at that time	28055
shall pay an additional amount that equals ten per cent of the	28056
required fee.	28057

(6) Each person obtaining a national pollutant discharge	28058
elimination system general or individual permit for municipal	28059
storm water discharge shall pay a nonrefundable storm water	28060
discharge fee of one hundred dollars per square mile of area	28061
permitted. The fee shall not exceed ten thousand dollars and	28062
shall be payable on or before January 30, 2004, and the thirtieth	28063
day of January of each year thereafter. Any person who fails to	28064
pay the fee on the date specified in division (L)(6) of this	28065
section shall pay an additional amount per year equal to ten per	28066
cent of the annual fee that is unpaid.	28067

(7) The director shall transmit all moneys collected under	28068
division (L) of this section to the treasurer of state for deposit	28069
into the state treasury to the credit of the surface water	28070
protection fund created in section 6111.038 of the Revised Code.	28071

~~(7)~~(8) As used in division (L) of this section:

28072

(a) "NPDES" means the federally approved national pollutant	28073
discharge elimination system program for issuing, modifying,	28074
revoking, reissuing, terminating, monitoring, and enforcing	28075
permits and imposing and enforcing pretreatment requirements under	28076
Chapter 6111. of the Revised Code and rules adopted under it.	28077

(b) "Public discharger" means any holder of an NPDES permit	28078
identified by P in the second character of the NPDES permit number	28079
assigned by the director.	28080

(c) "Industrial discharger" means any holder of an NPDES	28081
permit identified by I in the second character of the NPDES permit	28082
number assigned by the director.	28083

(d) "Major discharger" means any holder of an NPDES permit	28084
classified as major by the regional administrator of the United	28085
States environmental protection agency in conjunction with the	28086
director.	28087

(M) Through June 30, ~~2002~~ 2004, a person applying for a	28088
license or license renewal to operate a public water system under	28089
section 6109.21 of the Revised Code shall pay the appropriate fee	28090
established under this division at the time of application to the	28091
director. Any person who fails to pay the fee at that time shall	28092
pay an additional amount that equals ten per cent of the required	28093
fee. The director shall transmit all moneys collected under this	28094
division to the treasurer of state for deposit into the drinking	28095
water protection fund created in section 6109.30 of the Revised	28096
Code.	28097

Fees required under this division shall be calculated and	28098
paid in accordance with the following schedule:	28099

(1) For the initial license required under division (A)(1)	28100
of section 6109.21 of the Revised Code for any public water system	28101
that is a community water system as defined in section 6109.01 of	28102
the Revised Code, and for each license renewal required for such a	28103
system prior to January 31, ~~2002~~ 2004, the fee is:	28104

Number of service connections		Fee amount	28105
	Not more than 49	$56	28106
	50 to 99	88	28107

Number of service connections		Average cost per connection	28108
	100 to 2,499	$.96	28109
	2,500 to 4,999	.92	28110
	5,000 to 7,499	.88	28111
	7,500 to 9,999	.84	28112
	10,000 to 14,999	.80	28113
	15,000 to 24,999	.76	28114
	25,000 to 49,999	.72	28115
	50,000 to 99,999	.68	28116
	100,000 to 149,999	.64	28117
	150,000 to 199,999	.60	28118
	200,000 or more	.56	28119

A public water system may determine how it will pay the total	28120
amount of the fee calculated under division (M)(1) of this	28121
section, including the assessment of additional user fees that may	28122
be assessed on a volumetric basis.	28123

As used in division (M)(1) of this section, "service	28124
connection" means the number of active or inactive pipes,	28125
goosenecks, pigtails, and any other fittings connecting a water	28126
main to any building outlet.	28127

(2) For the initial license required under division (A)(2)	28128
of section 6109.21 of the Revised Code for any public water system	28129
that is not a community water system and serves a nontransient	28130
population, and for each license renewal required for such a	28131
system prior to January 31, ~~2002~~ 2004, the fee is:	28132

Population served	Fee amount	28133
Fewer than 150	$ 56	28134
150 to 299	88	28135
300 to 749	192	28136
750 to 1,499	392	28137
1,500 to 2,999	792	28138
3,000 to 7,499	1,760	28139
7,500 to 14,999	3,800	28140
15,000 to 22,499	6,240	28141
22,500 to 29,999	8,576	28142
30,000 or more	11,600	28143

As used in division (M)(2) of this section, "population	28144
served" means the total number of individuals receiving water from	28145
the water supply during a twenty-four-hour period for at least	28146
sixty days during any calendar year. In the absence of a specific	28147
population count, that number shall be calculated at the rate of	28148
three individuals per service connection.	28149

(3) For the initial license required under division (A)(3)	28150
of section 6109.21 of the Revised Code for any public water system	28151
that is not a community water system and serves a transient	28152
population, and for each license renewal required for such a	28153
system prior to January 31, ~~2002~~ 2004, the fee is:	28154

Number of wells supplying system		Fee amount	28155
	1	$ 56	28156
	2	56	28157
	3	88	28158
	4	192	28159
	5	392	28160
	System supplied by surface		28161
	water, springs, or dug wells	792	28162

As used in division (M)(3) of this section, "number of wells	28163
supplying system" means those wells that are physically connected	28164
to the plumbing system serving the public water system.	28165

(N)(1) A person applying for a plan approval for a public	28166
water supply system under section 6109.07 of the Revised Code	28167
shall pay a fee of one hundred dollars plus two-tenths of one per	28168
cent of the estimated project cost, except that the total fee	28169
shall not exceed fifteen thousand dollars through June 30, ~~2002~~	28170
2004, and five thousand dollars on and after July 1, ~~2002~~ 2004.	28171
The fee shall be paid at the time the application is submitted.	28172

(2) A person who has entered into an agreement with the	28173
director under division (A)(2) of section 6109.07 of the Revised	28174
Code shall pay an administrative service fee for each plan	28175
submitted under that section for approval that shall not exceed	28176
the minimum amount necessary to pay administrative costs directly	28177
attributable to processing plan approvals. The director annually	28178
shall calculate the fee and shall notify all persons that have	28179
entered into agreements under that division, or who have applied	28180
for agreements, of the amount of the fee.	28181

(3) Through June 30, ~~2002~~ 2004, the following fee, on a per	28182
survey basis, shall be charged any person for services rendered by	28183
the state in the evaluation of laboratories and laboratory	28184
personnel for compliance with accepted analytical techniques and	28185
procedures established pursuant to Chapter 6109. of the Revised	28186
Code for determining the qualitative characteristics of water:	28187

microbiological	$1,650	28188
organic chemical	3,500	28189
inorganic chemical	3,500	28190
standard chemistry	1,800	28191
limited chemistry	1,000	28192

On and after July 1, ~~2002~~ 2004, the following fee, on a per	28193
survey basis, shall be charged any such person:	28194

microbiological	$250	28195
chemical/radiological	250	28196
nitrate/turbidity (only)	150	28197

The fee for those services shall be paid at the time the request	28198
for the survey is made. Through June 30, ~~2002~~ 2004, an individual	28199
laboratory shall not be assessed a fee under this division more	28200
than once in any three-year period.	28201

The director shall transmit all moneys collected under this	28202
division to the treasurer of state for deposit into the drinking	28203
water protection fund created in section 6109.30 of the Revised	28204
Code.	28205

(O) Any person applying to the director for examination for	28206
certification as an operator of a water supply system or	28207
wastewater system under Chapter 6109. or 6111. of the Revised	28208
Code, at the time the application is submitted, shall pay an	28209
application fee of twenty-five dollars through June 30, ~~2002~~ 2004,	28210
and ten dollars on and after July 1, ~~2002~~ 2004. Upon approval	28211
from the director that the applicant is eligible to take the	28212
examination therefor, the applicant shall pay a fee in accordance	28213
with the following schedule through June 30, ~~2002~~ 2004:	28214

Class I operator	$45	28215
Class II operator	55	28216
Class III operator	65	28217
Class IV operator	75	28218

On and after July 1, ~~2002~~ 2004, the applicant shall pay a fee	28219
in accordance with the following schedule:	28220

Class I operator	$25	28221
Class II operator	35	28222
Class III operator	45	28223
Class IV operator	55	28224

The director shall transmit all moneys collected under this	28225
division to the treasurer of state for deposit into the drinking	28226
water protection fund created in section 6109.30 of the Revised	28227
Code.	28228

(P) Through June 30, ~~2002~~ 2004, any person submitting an	28229
application for an industrial water pollution control certificate	28230
under section 6111.31 of the Revised Code shall pay a	28231
nonrefundable fee of five hundred dollars at the time the	28232
application is submitted. The director shall transmit all moneys	28233
collected under this division to the treasurer of state for	28234
deposit into the surface water protection fund created in section	28235
6111.038 of the Revised Code. A person paying a certificate fee	28236
under this division shall not pay an application fee under	28237
division (S)(1) of this section.	28238

(Q) Except as otherwise provided in division (R) of this	28239
section, a person issued a permit by the director for a new solid	28240
waste disposal facility other than an incineration or composting	28241
facility, a new infectious waste treatment facility other than an	28242
incineration facility, or a modification of such an existing	28243
facility that includes an increase in the total disposal or	28244
treatment capacity of the facility pursuant to Chapter 3734. of	28245
the Revised Code shall pay a fee of ten dollars per thousand cubic	28246
yards of disposal or treatment capacity, or one thousand dollars,	28247
whichever is greater, except that the total fee for any such	28248
permit shall not exceed eighty thousand dollars. A person issued	28249
a modification of a permit for a solid waste disposal facility or	28250
an infectious waste treatment facility that does not involve an	28251
increase in the total disposal or treatment capacity of the	28252
facility shall pay a fee of one thousand dollars. A person issued	28253
a permit to install a new, or modify an existing, solid waste	28254
transfer facility under that chapter shall pay a fee of two	28255
thousand five hundred dollars. A person issued a permit to	28256
install a new or to modify an existing solid waste incineration or	28257
composting facility, or an existing infectious waste treatment	28258
facility using incineration as its principal method of treatment,	28259
under that chapter shall pay a fee of one thousand dollars. The	28260
increases in the permit fees under this division resulting from	28261
the amendments made by Amended Substitute House Bill 592 of the	28262
117th general assembly do not apply to any person who submitted an	28263
application for a permit to install a new, or modify an existing,	28264
solid waste disposal facility under that chapter prior to	28265
September 1, 1987; any such person shall pay the permit fee	28266
established in this division as it existed prior to June 24, 1988.	28267
In addition to the applicable permit fee under this division, a	28268
person issued a permit to install or modify a solid waste facility	28269
or an infectious waste treatment facility under that chapter who	28270
fails to pay the permit fee to the director in compliance with	28271
division (V) of this section shall pay an additional ten per cent	28272
of the amount of the fee for each week that the permit fee is	28273
late.	28274

Permit and late payment fees paid to the director under this	28275
division shall be credited to the general revenue fund.	28276

(R)(1) A person issued a registration certificate for a	28277
scrap tire collection facility under section 3734.75 of the	28278
Revised Code shall pay a fee of two hundred dollars, except that	28279
if the facility is owned or operated by a motor vehicle salvage	28280
dealer licensed under Chapter 4738. of the Revised Code, the	28281
person shall pay a fee of twenty-five dollars.	28282

(2) A person issued a registration certificate for a new	28283
scrap tire storage facility under section 3734.76 of the Revised	28284
Code shall pay a fee of three hundred dollars, except that if the	28285
facility is owned or operated by a motor vehicle salvage dealer	28286
licensed under Chapter 4738. of the Revised Code, the person shall	28287
pay a fee of twenty-five dollars.	28288

(3) A person issued a permit for a scrap tire storage	28289
facility under section 3734.76 of the Revised Code shall pay a fee	28290
of one thousand dollars, except that if the facility is owned or	28291
operated by a motor vehicle salvage dealer licensed under Chapter	28292
4738. of the Revised Code, the person shall pay a fee of fifty	28293
dollars.	28294

(4) A person issued a permit for a scrap tire monocell or	28295
monofill facility under section 3734.77 of the Revised Code shall	28296
pay a fee of ten dollars per thousand cubic yards of disposal	28297
capacity or one thousand dollars, whichever is greater, except	28298
that the total fee for any such permit shall not exceed eighty	28299
thousand dollars.	28300

(5) A person issued a registration certificate for a scrap	28301
tire recovery facility under section 3734.78 of the Revised Code	28302
shall pay a fee of one hundred dollars.	28303

(6) A person issued a permit for a scrap tire recovery	28304
facility under section 3734.78 of the Revised Code shall pay a fee	28305
of one thousand dollars.	28306

(7) In addition to the applicable registration certificate	28307
or permit fee under divisions (R)(1) to (6) of this section, a	28308
person issued a registration certificate or permit for any such	28309
scrap tire facility who fails to pay the registration certificate	28310
or permit fee to the director in compliance with division (V) of	28311
this section shall pay an additional ten per cent of the amount of	28312
the fee for each week that the fee is late.	28313

(8) The registration certificate, permit, and late payment	28314
fees paid to the director under divisions (R)(1) to (7) of this	28315
section shall be credited to the scrap tire management fund	28316
created in section 3734.82 of the Revised Code.	28317

(S)(1) Except as provided by divisions (L), (M), (N), (O),	28318
(P), and (S)(2) of this section, division (A)(2) of section	28319
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	28320
and rules adopted under division (T)(1) of this section, any	28321
person applying for a registration certificate under section	28322
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	28323
variance, or plan approval under Chapter 3734. of the Revised Code	28324
shall pay a nonrefundable fee of fifteen dollars at the time the	28325
application is submitted.	28326

Except as otherwise provided, any person applying for a	28327
permit, variance, or plan approval under Chapter 6109. or 6111. of	28328
the Revised Code shall pay a nonrefundable fee of one hundred	28329
dollars at the time the application is submitted through June 30,	28330
~~2002~~ 2004, and a nonrefundable fee of fifteen dollars at the time	28331
the application is submitted on and after July 1, ~~2002~~ 2004.	28332
Through June 30, ~~2002~~ 2004, any person applying for a national	28333
pollutant discharge elimination system permit under Chapter 6111.	28334
of the Revised Code shall pay a nonrefundable fee of two hundred	28335
dollars at the time of application for the permit. On and after	28336
July 1, ~~2002~~ 2004, such a person shall pay a nonrefundable fee of	28337
fifteen dollars at the time of application.	28338

In addition to the application fee established under division	28339
(S)(1) of this section, any person applying for a national	28340
pollutant discharge elimination system general storm water	28341
construction permit shall pay a nonrefundable fee of twenty	28342
dollars per acre for each acre that is permitted above five acres	28343
at the time the application is submitted. However, the per	28344
acreage fee shall not exceed three hundred dollars. In addition,	28345
any person applying for a national pollutant discharge elimination	28346
system general storm water industrial permit shall pay a	28347
nonrefundable fee of one hundred fifty dollars at the time the	28348
application is submitted.	28349

The director shall transmit all moneys collected under	28350
division (S)(1) of this section pursuant to Chapter 6109. of the	28351
Revised Code to the treasurer of state for deposit into the	28352
drinking water protection fund created in section 6109.30 of the	28353
Revised Code.	28354

The director shall transmit all moneys collected under	28355
division (S)(1) of this section pursuant to Chapter 6111. of the	28356
Revised Code to the treasurer of state for deposit into the	28357
surface water protection fund created in section 6111.038 of the	28358
Revised Code.	28359

If a registration certificate is issued under section	28360
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	28361
the application fee paid shall be deducted from the amount of the	28362
registration certificate fee due under division (R)(1), (2), or	28363
(5) of this section, as applicable.	28364

(2) Division (S)(1) of this section does not apply to an	28365
application for a registration certificate for a scrap tire	28366
collection or storage facility submitted under section 3734.75 or	28367
3734.76 of the Revised Code, as applicable, if the owner or	28368
operator of the facility or proposed facility is a motor vehicle	28369
salvage dealer licensed under Chapter 4738. of the Revised Code.	28370

(T) The director may adopt, amend, and rescind rules in	28371
accordance with Chapter 119. of the Revised Code that do all of	28372
the following:	28373

(1) Prescribe fees to be paid by applicants for and holders	28374
of any license, permit, variance, plan approval, or certification	28375
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	28376
the Revised Code that are not specifically established in this	28377
section. The fees shall be designed to defray the cost of	28378
processing, issuing, revoking, modifying, denying, and enforcing	28379
the licenses, permits, variances, plan approvals, and	28380
certifications.	28381

The director shall transmit all moneys collected under rules	28382
adopted under division (T)(1) of this section pursuant to Chapter	28383
6109. of the Revised Code to the treasurer of state for deposit	28384
into the drinking water protection fund created in section 6109.30	28385
of the Revised Code.	28386

The director shall transmit all moneys collected under rules	28387
adopted under division (T)(1) of this section pursuant to Chapter	28388
6111. of the Revised Code to the treasurer of state for deposit	28389
into the surface water protection fund created in section 6111.038	28390
of the Revised Code.	28391

(2) Exempt the state and political subdivisions thereof,	28392
including education facilities or medical facilities owned by the	28393
state or a political subdivision, or any person exempted from	28394
taxation by section 5709.07 or 5709.12 of the Revised Code, from	28395
any fee required by this section;	28396

(3) Provide for the waiver of any fee, or any part thereof,	28397
otherwise required by this section whenever the director	28398
determines that the imposition of the fee would constitute an	28399
unreasonable cost of doing business for any applicant, class of	28400
applicants, or other person subject to the fee;	28401

(4) Prescribe measures that the director considers necessary	28402
to carry out this section.	28403

(U) When the director reasonably demonstrates that the	28404
direct cost to the state associated with the issuance of a permit	28405
to install, license, variance, plan approval, or certification	28406
exceeds the fee for the issuance or review specified by this	28407
section, the director may condition the issuance or review on the	28408
payment by the person receiving the issuance or review of, in	28409
addition to the fee specified by this section, the amount, or any	28410
portion thereof, in excess of the fee specified under this	28411
section. The director shall not so condition issuances for which	28412
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	28413
section.	28414

(V) Except as provided in divisions (L), (M), and (P) of	28415
this section or unless otherwise prescribed by a rule of the	28416
director adopted pursuant to Chapter 119. of the Revised Code, all	28417
fees required by this section are payable within thirty days after	28418
the issuance of an invoice for the fee by the director or the	28419
effective date of the issuance of the license, permit, variance,	28420
plan approval, or certification. If payment is late, the person	28421
responsible for payment of the fee shall pay an additional ten per	28422
cent of the amount due for each month that it is late.	28423

(W) As used in this section, "fuel-burning equipment,"	28424
"fuel-burning equipment input capacity," "incinerator,"	28425
"incinerator input capacity," "process," "process weight rate,"	28426
"storage tank," "gasoline dispensing facility," "dry cleaning	28427
facility," "design flow discharge," and "new source treatment	28428
works" have the meanings ascribed to those terms by applicable	28429
rules or standards adopted by the director under Chapter 3704. or	28430
6111. of the Revised Code.	28431

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	28432
and (J) of this section, and in any other provision of this	28433
section pertaining to fees paid pursuant to Chapter 3704. of the	28434
Revised Code:	28435

(1) "Facility," "federal Clean Air Act," "person," and "Title	28436
V permit" have the same meanings as in section 3704.01 of the	28437
Revised Code.	28438

(2) "Title V permit program" means the following activities	28439
as necessary to meet the requirements of Title V of the federal	28440
Clean Air Act and 40 C.F.R. part 70, including at least:	28441

(a) Preparing and adopting, if applicable, generally	28442
applicable rules or guidance regarding the permit program or its	28443
implementation or enforcement;	28444

(b) Reviewing and acting on any application for a Title V	28445
permit, permit revision, or permit renewal, including the	28446
development of an applicable requirement as part of the processing	28447
of a permit, permit revision, or permit renewal;	28448

(c) Administering the permit program, including the	28449
supporting and tracking of permit applications, compliance	28450
certification, and related data entry;	28451

(d) Determining which sources are subject to the program and	28452
implementing and enforcing the terms of any Title V permit, not	28453
including any court actions or other formal enforcement actions;	28454

(e) Emission and ambient monitoring;

28455

(f) Modeling, analyses, or demonstrations;

28456

(g) Preparing inventories and tracking emissions;

28457

(h) Providing direct and indirect support to small business	28458
stationary sources to determine and meet their obligations under	28459
the federal Clean Air Act pursuant to the small business	28460
stationary source technical and environmental compliance	28461
assistance program required by section 507 of that act and	28462
established in sections 3704.18, 3704.19, and 3706.19 of the	28463
Revised Code.	28464

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	28465
of this section, each sewage sludge facility shall pay a	28466
nonrefundable annual sludge fee equal to three dollars and fifty	28467
cents per dry ton of sewage sludge, including the dry tons of	28468
sewage sludge in materials derived from sewage sludge, that the	28469
sewage sludge facility treats or disposes of in this state. The	28470
annual volume of sewage sludge treated or disposed of by a sewage	28471
sludge facility shall be calculated using the first day of January	28472
through the thirty-first day of December of the calendar year	28473
preceding the date on which payment of the fee is due.	28474

(2)(a) Except as provided in division (Y)(2)(d) of this	28475
section, each sewage sludge facility shall pay a minimum annual	28476
sewage sludge fee of one hundred dollars.	28477

(b) The annual sludge fee required to be paid by a sewage	28478
sludge facility that treats or disposes of exceptional quality	28479
sludge in this state shall be thirty-five per cent less per dry	28480
ton of exceptional quality sludge than the fee assessed under	28481
division (Y)(1) of this section, subject to the following	28482
exceptions:	28483

(i) Except as provided in division (Y)(2)(d) of this	28484
section, a sewage sludge facility that treats or disposes of	28485
exceptional quality sludge shall pay a minimum annual sewage	28486
sludge fee of one hundred dollars.	28487

(ii) A sewage sludge facility that treats or disposes of	28488
exceptional quality sludge shall not be required to pay the annual	28489
sludge fee for treatment or disposal in this state of exceptional	28490
quality sludge generated outside of this state and contained in	28491
bags or other containers not greater than one hundred pounds in	28492
capacity.	28493

A thirty-five per cent reduction for exceptional quality	28494
sludge applies to the maximum annual fees established under	28495
division (Y)(3) of this section.	28496

(c) A sewage sludge facility that transfers sewage sludge to	28497
another sewage sludge facility in this state for further treatment	28498
prior to disposal in this state shall not be required to pay the	28499
annual sludge fee for the tons of sewage sludge that have been	28500
transferred. In such a case, the sewage sludge facility that	28501
disposes of the sewage sludge shall pay the annual sludge fee.	28502
However, the facility transferring the sewage sludge shall pay the	28503
one-hundred-dollar minimum fee required under division (Y)(2)(a)	28504
of this section.	28505

In the case of a sewage sludge facility that treats sewage	28506
sludge in this state and transfers it out of this state to another	28507
entity for disposal, the sewage sludge facility in this state	28508
shall be required to pay the annual sludge fee for the tons of	28509
sewage sludge that have been transferred.	28510

(d) A sewage sludge facility that generates sewage sludge	28511
resulting from an average daily discharge flow of less than five	28512
thousand gallons per day is not subject to the fees assessed under	28513
division (Y) of this section.	28514

(3) No sewage sludge facility required to pay the annual	28515
sludge fee shall be required to pay more than the maximum annual	28516
fee for each disposal method that the sewage sludge facility uses.	28517
The maximum annual fee does not include the additional amount that	28518
may be charged under division (Y)(5) of this section for late	28519
payment of the annual sludge fee. The maximum annual fee for the	28520
following methods of disposal of sewage sludge is as follows:	28521

(a) Incineration: five thousand dollars;

28522

(b) Preexisting land reclamation project or disposal in a	28523
landfill: five thousand dollars;	28524

(c) Land application, land reclamation, surface disposal, or	28525
any other disposal method not specified in division (Y)(3)(a) or	28526
(b) of this section: twenty thousand dollars.	28527

(4)(a) In the case of an entity that generates sewage sludge	28528
or a sewage sludge facility that treats sewage sludge and	28529
transfers the sewage sludge to an incineration facility for	28530
disposal, the incineration facility, and not the entity generating	28531
the sewage sludge or the sewage sludge facility treating the	28532
sewage sludge, shall pay the annual sludge fee for the tons of	28533
sewage sludge that are transferred. However, the entity or	28534
facility generating or treating the sewage sludge shall pay the	28535
one-hundred-dollar minimum fee required under division (Y)(2)(a)	28536
of this section.	28537

(b) In the case of an entity that generates sewage sludge	28538
and transfers the sewage sludge to a landfill for disposal or to a	28539
sewage sludge facility for land reclamation or surface disposal,	28540
the entity generating the sewage sludge, and not the landfill or	28541
sewage sludge facility, shall pay the annual sludge fee for the	28542
tons of sewage sludge that are transferred.	28543

(5) Not later than the first day of April of the calendar	28544
year following ~~the effective date of this amendment~~ March 17,	28545
2000, and each first day of April thereafter, the director shall	28546
issue invoices to persons who are required to pay the annual	28547
sludge fee. The invoice shall identify the nature and amount of	28548
the annual sludge fee assessed and state the first day of May as	28549
the deadline for receipt by the director of objections regarding	28550
the amount of the fee and the first day of July as the deadline	28551
for payment of the fee.	28552

Not later than the first day of May following receipt of an	28553
invoice, a person required to pay the annual sludge fee may submit	28554
objections to the director concerning the accuracy of information	28555
regarding the number of dry tons of sewage sludge used to	28556
calculate the amount of the annual sludge fee or regarding whether	28557
the sewage sludge qualifies for the exceptional quality sludge	28558
discount established in division (Y)(2)(b) of this section. The	28559
director may consider the objections and adjust the amount of the	28560
fee to ensure that it is accurate.	28561

If the director does not adjust the amount of the annual	28562
sludge fee in response to a person's objections, the person may	28563
appeal the director's determination in accordance with Chapter	28564
119. of the Revised Code.	28565

Not later than the first day of June, the director shall	28566
notify the objecting person regarding whether the director has	28567
found the objections to be valid and the reasons for the finding.	28568
If the director finds the objections to be valid and adjusts the	28569
amount of the annual sludge fee accordingly, the director shall	28570
issue with the notification a new invoice to the person	28571
identifying the amount of the annual sludge fee assessed and	28572
stating the first day of July as the deadline for payment.	28573

Not later than the first day of July, any person who is	28574
required to do so shall pay the annual sludge fee. Any person who	28575
is required to pay the fee, but who fails to do so on or before	28576
that date shall pay an additional amount that equals ten per cent	28577
of the required annual sludge fee.	28578

(6) The director shall transmit all moneys collected under	28579
division (Y) of this section to the treasurer of state for deposit	28580
into the surface water protection fund created in section 6111.038	28581
of the Revised Code. The moneys shall be used to defray the costs	28582
of administering and enforcing provisions in Chapter 6111. of the	28583
Revised Code and rules adopted under it that govern the use,	28584
storage, treatment, or disposal of sewage sludge.	28585

(7) Beginning in fiscal year 2001, and every two years	28586
thereafter, the director shall review the total amount of moneys	28587
generated by the annual sludge fees to determine if that amount	28588
~~exceeds~~ exceeded six hundred thousand dollars in either of the two	28589
preceding fiscal years. If the total amount of moneys in the fund	28590
exceeded six hundred thousand dollars in either fiscal year, the	28591
director, after review of the fee structure and consultation with	28592
affected persons, shall issue an order reducing the amount of the	28593
fees levied under division (Y) of this section so that the	28594
estimated amount of moneys resulting from the fees will not exceed	28595
six hundred thousand dollars in any fiscal year.	28596

If, upon review of the fees under division (Y)(7) of this	28597
section and after the fees have been reduced, the director	28598
determines that the total amount of moneys collected and	28599
accumulated is less than six hundred thousand dollars, the	28600
director, after review of the fee structure and consultation with	28601
affected persons, may issue an order increasing the amount of the	28602
fees levied under division (Y) of this section so that the	28603
estimated amount of moneys resulting from the fees will be	28604
approximately six hundred thousand dollars. Fees shall never be	28605
increased to an amount exceeding the amount specified in division	28606
(Y)(7) of this section.	28607

Notwithstanding section 119.06 of the Revised Code, the	28608
director may issue an order under division (Y)(7) of this section	28609
without the necessity to hold an adjudicatory hearing in	28610
connection with the order. The issuance of an order under this	28611
division is not an act or action for purposes of section 3745.04	28612
of the Revised Code.	28613

(8) As used in division (Y) of this section:

28614

(a) "Sewage sludge facility" means an entity that performs	28615
treatment on or is responsible for the disposal of sewage sludge.	28616

(b) "Sewage sludge" means a solid, semi-solid, or liquid	28617
residue generated during the treatment of domestic sewage in a	28618
treatment works as defined in section 6111.01 of the Revised Code.	28619
"Sewage sludge" includes, but is not limited to, scum or solids	28620
removed in primary, secondary, or advanced wastewater treatment	28621
processes. "Sewage sludge" does not include ash generated during	28622
the firing of sewage sludge in a sewage sludge incinerator, grit	28623
and screenings generated during preliminary treatment of domestic	28624
sewage in a treatment works, animal manure, residue generated	28625
during treatment of animal manure, or domestic septage.	28626

(c) "Exceptional quality sludge" means sewage sludge that	28627
meets all of the following qualifications:	28628

(i) Satisfies the class A pathogen standards in 40 C.F.R.	28629
503.32(a);	28630

(ii) Satisfies one of the vector attraction reduction	28631
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	28632

(iii) Does not exceed the ceiling concentration limitations	28633
for metals listed in table one of 40 C.F.R. 503.13;	28634

(iv) Does not exceed the concentration limitations for	28635
metals listed in table three of 40 C.F.R. 503.13.	28636

(d) "Treatment" means the preparation of sewage sludge for	28637
final use or disposal and includes, but is not limited to,	28638
thickening, stabilization, and dewatering of sewage sludge.	28639

(e) "Disposal" means the final use of sewage sludge,	28640
including, but not limited to, land application, land reclamation,	28641
surface disposal, or disposal in a landfill or an incinerator.	28642

(f) "Land application" means the spraying or spreading of	28643
sewage sludge onto the land surface, the injection of sewage	28644
sludge below the land surface, or the incorporation of sewage	28645
sludge into the soil for the purposes of conditioning the soil or	28646
fertilizing crops or vegetation grown in the soil.	28647

(g) "Land reclamation" means the returning of disturbed land	28648
to productive use.	28649

(h) "Surface disposal" means the placement of sludge on an	28650
area of land for disposal, including, but not limited to,	28651
monofills, surface impoundments, lagoons, waste piles, or	28652
dedicated disposal sites.	28653

(i) "Incinerator" means an entity that disposes of sewage	28654
sludge through the combustion of organic matter and inorganic	28655
matter in sewage sludge by high temperatures in an enclosed	28656
device.	28657

(j) "Incineration facility" includes all incinerators owned	28658
or operated by the same entity and located on a contiguous tract	28659
of land. Areas of land are considered to be contiguous even if	28660
they are separated by a public road or highway.	28661

(k) "Annual sludge fee" means the fee assessed under division	28662
(Y)(1) of this section.	28663

(l) "Landfill" means a sanitary landfill facility, as defined	28664
in rules adopted under section 3734.02 of the Revised Code, that	28665
is licensed under section 3734.05 of the Revised Code.	28666

(m) "Preexisting land reclamation project" means a	28667
property-specific land reclamation project that has been in	28668
continuous operation for not less than five years pursuant to	28669
approval of the activity by the director and includes the	28670
implementation of a community outreach program concerning the	28671
activity.	28672

Sec. 3745.15. (A)(1) Not later than one hundred fifty days	28673
after receipt of a complete application for a permit to install,	28674
or a modification of such a permit, under rules adopted under	28675
division (F) of section 3704.03 of the Revised Code or for the	28676
approval of plans under section 6111.44, 6111.45, or 6111.46 of	28677
the Revised Code, the director of environmental protection shall	28678
either issue or deny, or propose to deny, the permit or	28679
modification or approve or disapprove the plans, whichever is	28680
applicable. The director shall send written notification to the	28681
applicant of the issuance or denial or the approval or	28682
disapproval, whichever is applicable. If the director fails to	28683
issue or deny or propose to deny the permit or modification or	28684
approve or disapprove the plans, whichever is applicable, not	28685
later than one hundred fifty days after receipt of a complete	28686
application, the director and the director's authorized	28687
representatives shall not collect the applicable permit to install	28688
fee established under division (F) or (I) of section 3745.11 of	28689
the Revised Code or the applicable plan approval fee established	28690
under division (L)(2) of section 3745.11 of the Revised Code,	28691
whichever is applicable.	28692

For purposes of this section, a complete application is an	28693
application that has been determined or deemed to be complete	28694
under section 3745.10 of the Revised Code.	28695

(2) If the director fails to issue or deny or propose to	28696
deny a permit to install or modification of such a permit within	28697
the one-hundred-fifty-day period, the applicant may bring a	28698
mandamus action to obtain a judgment that orders the director to	28699
take a final action on the application.	28700

(B)(1) The director, upon the director's own motion or upon	28701
the written request of the applicant, may extend the time provided	28702
under division (A) of this section for issuing or denying or	28703
proposing to deny a permit to install or modification of such a	28704
permit for an additional sixty days if a public informational	28705
meeting or public hearing was held on the application.	28706

(2) Upon the written request of the applicant, the director,	28707
in writing, may extend the time provided under division (A)(1) of	28708
this section for issuing or denying or proposing to deny a permit	28709
to install or modification of such a permit for the additional	28710
time specified in the applicant's request for the extension.	28711

(3) If the time for the issuance, denial, or proposed denial	28712
of a permit to install or modification of such a permit is	28713
extended under division (B)(1) or (2) of this section, the	28714
preclusion against the collection of the applicable permit to	28715
install fee established under division (A)(1) of this section does	28716
not apply unless the preclusion is included in a written agreement	28717
providing for the extension of time.	28718

(C) Upon the written request of the person who is	28719
responsible for a facility, the director may consolidate or group	28720
applications for the issuance of permits to install under rules	28721
adopted under division (F) of section 3704.03 of the Revised Code,	28722
or modifications or renewals of those permits, for individual air	28723
contaminant sources located at the facility in order to reduce the	28724
unnecessary paperwork and administrative burden to the applicant	28725
and the director in connection with the issuance of those permits,	28726
modifications, and renewals. Applicable fees that are payable to	28727
the director under section 3745.11 of the Revised Code shall not	28728
be reduced by reason of any such consolidation or grouping of	28729
applications for permits, modifications, or renewals.	28730

Sec. 3745.22. (A) As used in this section, "eligible	28731
institution of higher education" means any of the state	28732
universities listed in section 3345.011 of the Revised Code, or a	28733
community college, technical college, university branch, state	28734
community college, or an institution that is nonprofit and holds a	28735
certificate of authorization issued under section 1713.02 of the	28736
Revised Code.	28737

(B) There is hereby created in the state treasury the	28738
environmental education fund consisting of moneys credited to the	28739
fund pursuant to sections 3704.06 and 6111.09 of the Revised Code	28740
and any gifts, grants, or contributions received by the director	28741
of environmental protection for the purposes of the fund. The	28742
fund shall be administered by the director with the advice and	28743
assistance of the environmental education council created in	28744
section 3745.21 of the Revised Code. Moneys in the fund shall be	28745
used exclusively to develop, implement, and administer a program	28746
to enhance public awareness and the objective understanding within	28747
this state of issues affecting environmental quality. Toward that	28748
end, moneys in the fund may be used for purposes that include,	28749
without limitation, developing elementary and secondary school and	28750
collegiate curricula on environmental issues; providing training	28751
for this state's elementary and secondary school teachers on	28752
environmental issues; providing educational seminars for concerned	28753
members of the public regarding the scientific and technical	28754
aspects of environmental issues; providing educational seminars	28755
regarding pollution prevention and waste minimization for persons	28756
regulated by the environmental protection agency; providing	28757
educational seminars for persons regulated by the environmental	28758
protection agency, including, without limitation, small	28759
businesses, regarding the regulatory requirements of the agency	28760
and the means of achieving and maintaining compliance with them;	28761
and providing one or more scholarships in environmental sciences	28762
or environmental engineering ~~at one or more state colleges or~~	28763
~~universities, as "state college or university" is defined in~~	28764
~~section 3345.27 of the Revised Code~~ for students enrolled at an	28765
eligible institution of higher education.	28766

The director may expend not more than one million five	28767
hundred thousand dollars of the moneys credited to the	28768
environmental education fund under sections 3704.06 and 6111.09 of	28769
the Revised Code in any fiscal year for the purposes specified in	28770
this division. The director may request authority from the	28771
controlling board to expend any moneys credited to that fund in	28772
any fiscal year in excess of that amount.	28773

~~(B)~~(C) Not later than the first day of April each year, the	28774
director, with the advice and assistance of the council, shall	28775
prepare and submit to the governor, the president of the senate,	28776
and the speaker of the house of representatives an environmental	28777
education agenda that describes the proposed uses of the	28778
environmental education fund during the following fiscal year.	28779
Prior to submitting the agenda the director, in conjunction with	28780
the council, shall hold a public hearing in Franklin county to	28781
receive comments on the agenda. After the public hearing and	28782
before submitting the agenda to the governor, the president, and	28783
the speaker, the director, with the advice and assistance of the	28784
council, may make any modifications to the agenda that the	28785
director considers appropriate based upon the comments received at	28786
the public hearing.	28787

~~(C)~~(D) Not later than the first day of September each year,	28788
the director, with the advice and assistance of the council, shall	28789
prepare and submit to the governor, the president of the senate,	28790
and the speaker of the house of representatives a report on the	28791
revenues credited to and expenditures from the environmental	28792
education fund during the immediately preceding fiscal year.	28793

Sec. 3748.07. (A) Every facility that proposes to handle	28794
radioactive material or radiation-generating equipment for which	28795
licensure or registration, respectively, by its handler is	28796
required shall apply in writing to the director of health on forms	28797
prescribed and provided by the director for licensure or	28798
registration. Terms and conditions of licenses and certificates	28799
of registration may be amended in accordance with rules adopted	28800
under section 3748.04 of the Revised Code or orders issued by the	28801
director pursuant to section 3748.05 of the Revised Code.	28802

(B) Until rules are adopted under section 3748.04 of the	28803
Revised Code, and except as provided in section 3748.08 or the	28804
Revised Code, an application for a certificate of registration	28805
shall be accompanied by a biennial registration fee of one hundred	28806
~~sixty~~ seventy-six dollars. On and after the effective date of	28807
those rules, an applicant for a license, registration certificate,	28808
or renewal of either shall pay the appropriate fee established in	28809
those rules.	28810

All fees collected under this section shall be deposited in	28811
the state treasury to the credit of the general operations fund	28812
created in section 3701.83 of the Revised Code. The fees shall be	28813
used solely to administer and enforce this chapter and rules	28814
adopted under it.	28815

Any fee required under this section that has not been paid	28816
within ninety days after the invoice date shall be assessed at two	28817
times the original invoiced fee. Any fee that has not been paid	28818
within one hundred eighty days after the invoice date shall be	28819
assessed at five times the original invoiced fee.	28820

(C) The director shall grant a license or registration to	28821
any applicant who has paid the required fee and is in compliance	28822
with this chapter and rules adopted under it.	28823

Until rules are adopted under section 3748.04 of the Revised	28824
Code, certificates of registration shall be effective for two	28825
years from the date of issuance. On and after the effective date	28826
of those rules, licenses and certificates of registration shall be	28827
effective for the applicable period established in those rules.	28828
Licenses and certificates of registration shall be renewed in	28829
accordance with the standard renewal procedure established in	28830
Chapter 4745. of the Revised Code.	28831

Sec. 3748.08. Each time an amendment to section 124.152 of	28832
the Revised Code is enacted that increases compensation of exempt	28833
employees effective on or after July 1, 2002, the director of	28834
health shall increase the fees provided in division (B) of section	28835
3748.07 and division (B) of section 3748.13 of the Revised Code by	28836
a percentage equal to the highest percentage increase in	28837
compensation required by the amendment. Not later than thirty	28838
days after the effective date of the fee increase, the department	28839
of health shall notify each registrant of the amount of fee	28840
increase.	28841

Sec. 3748.13. (A) The director of health shall inspect	28843
sources of radiation for which licensure or registration by the	28844
handler is required, and the sources' shielding and surroundings,	28845
according to the schedule established in rules adopted under	28846
division (D) of section 3748.04 of the Revised Code. In	28847
accordance with rules adopted under that section, the director	28848
shall inspect all records and operating procedures of handlers	28849
that install sources of radiation and all sources of radiation for	28850
which licensure of radioactive material or registration of	28851
radiation-generating equipment by the handler is required. The	28852
director may make other inspections upon receiving complaints or	28853
other evidence of violation of this chapter or rules adopted under	28854
it.	28855

The director shall require any hospital registered under	28856
division (A) of section 3701.07 of the Revised Code to develop and	28857
maintain a quality assurance program for all sources of	28858
radiation-generating equipment. A certified radiation expert	28859
shall conduct oversight and maintenance of the program and shall	28860
file a report of audits of the program with the director on forms	28861
prescribed by the director. The audit reports shall become part	28862
of the inspection record.	28863

(B) As used in this division, "health care facility" means a	28864
freestanding diagnostic imaging center or freestanding or mobile	28865
radiation therapy center, as those terms are defined in rules	28866
adopted under division (B) of section 3702.30 of the Revised Code.	28867
Until rules are adopted under division (A)(8) of section 3748.04	28868
of the Revised Code and except as provided in section 3748.08 of	28869
the Revised Code, a facility shall pay inspection fees according	28870
to the following schedule and categories:	28871

~~First dental x-ray tube~~	~~$ 94.00~~	28872
Each ~~additional~~ dental x-ray tube at ~~the same~~ a location	$ ~~47.00~~ 71.00	28873
~~First medical x-ray tube~~	~~$187.00~~	28874
Each ~~additional~~ medical x-ray tube at ~~the same~~ a location	$ ~~94.00~~ 187.00	28875
Each unit of ionizing radiation-generating equipment at a health care facility, that is not capable of operating at or above 250 kilovoltage peak	$210.00	28876
Each unit of ionizing radiation-generating equipment at a health care facility capable of operating at or above 250 kilovoltage peak	$~~373.00~~ 435.00	28877
~~First nonionizing radiation-generating equipment of any kind~~	~~$187.00~~	28878
Each ~~additional~~ nonionizing radiation-generating equipment of any kind at ~~the same~~ a location	$ ~~94.00~~ 187.00	28879
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$~~233.00~~ 256.00	28880

Until rules are adopted under division (A)(8) of section	28881
3748.04 of the Revised Code and except as provided in section	28882
3748.08 of the Revised Code, the fee for an inspection to	28883
determine whether violations cited in a previous inspection have	28884
been corrected is fifty per cent of the fee applicable under the	28885
schedule in this division. Until those rules are adopted, the fee	28886
for the inspection of a facility that is not licensed or	28887
registered and for which no license or registration application is	28888
pending at the time of inspection is ~~two~~ three hundred ~~ninety~~	28889
thirty-four dollars plus the fee applicable under the schedule in	28890
this division.	28891

The director may conduct a review of shielding plans or the	28892
adequacy of shielding on the request of a licensee or registrant	28893
or an applicant for licensure or registration or during an	28894
inspection when the director considers a review to be necessary.	28895
Until rules are adopted under division (A)(8) of section 3748.04	28896
of the Revised Code and except as provided in section 3748.08 of	28897
the Revised Code, the fee for the review is ~~four~~ five hundred	28898
~~sixty-six~~ thirty-six dollars for each room where a source of	28899
radiation is used and is in addition to any other fee applicable	28900
under the schedule in this division.	28901

All fees shall be paid to the department of health no later	28902
than thirty days after the invoice for the fee is mailed. Fees	28903
shall be deposited in the general operations fund created in	28904
section 3701.83 of the Revised Code. The fees shall be used	28905
solely to administer and enforce this chapter and rules adopted	28906
under it.	28907

Any fee required under this section that has not been paid	28908
within ninety days after the invoice date shall be assessed at two	28909
times the original invoiced fee. Any fee that has not been paid	28910
within one hundred eighty days after the invoice date shall be	28911
assessed at five times the original invoiced fee.	28912

(C) If the director determines that a board of health of a	28913
city or general health district is qualified to conduct	28914
inspections of radiation-generating equipment, the director may	28915
delegate to the board, by contract, the authority to conduct such	28916
inspections. In making a determination of the qualifications of a	28917
board of health to conduct those inspections, the director shall	28918
evaluate the credentials of the individuals who are to conduct the	28919
inspections of radiation-generating equipment and the radiation	28920
detection and measuring equipment available to them for that	28921
purpose. If a contract is entered into, the board shall have the	28922
same authority to make inspections of radiation-generating	28923
equipment as the director has under this chapter and rules adopted	28924
under it. The contract shall stipulate that only individuals	28925
approved by the director as qualified shall be permitted to	28926
inspect radiation-generating equipment under the contract's	28927
provisions. The contract shall provide for such compensation for	28928
services as is agreed to by the director and the board of health	28929
of the contracting health district. The director may reevaluate	28930
the credentials of the inspection personnel and their radiation	28931
detecting and measuring equipment as often as the director	28932
considers necessary and may terminate any contract with the board	28933
of health of any health district that, in the director's opinion,	28934
is not satisfactorily performing the terms of the contract.	28935

(D) The director may enter at all reasonable times upon any	28936
public or private property to determine compliance with this	28937
chapter and rules adopted under it.	28938

Sec. 3750.02. (A) There is hereby created the emergency	28939
response commission consisting of the directors of environmental	28940
protection and health, the ~~chairpersons~~ chairperson of the public	28941
utilities commission, ~~industrial commission, and state and local~~	28942
~~government commission,~~ the fire marshal, the director of public	28943
safety, the director of ~~job and family services~~ transportation,	28944
the director of natural resources, the superintendent of the	28945
highway patrol, and the attorney general as members ex officio, or	28946
their designees; notwithstanding section 101.26 of the Revised	28947
Code, the chairpersons of the respective standing committees of	28948
the senate and house of representatives that are primarily	28949
responsible for considering environmental issues who may	28950
participate fully in all the commission's deliberations and	28951
activities, except that they shall serve as nonvoting members; and	28952
ten members to be appointed by the governor with the advice and	28953
consent of the senate. The appointed members, to the extent	28954
practicable, shall have technical expertise in the field of	28955
emergency response. Of the appointed members, two shall represent	28956
environmental advocacy organizations, one shall represent the	28957
interests of petroleum refiners or marketers or chemical	28958
manufacturers, one shall represent the interests of another	28959
industry subject to this chapter, one shall represent the	28960
interests of municipal corporations, one shall represent the	28961
interests of counties, one shall represent the interests of chiefs	28962
of fire departments, one shall represent the interests of	28963
professional firefighters, one shall represent the interests of	28964
volunteer firefighters, and one shall represent the interests of	28965
local emergency management agencies.	28966

An appointed member of the commission also may serve as a	28967
member of the local emergency planning committee of an emergency	28968
planning district. An appointed member of the commission who is	28969
also a member of a local emergency planning committee shall not	28970
participate as a member of the commission in the appointment of	28971
members of the local emergency planning committee of which the	28972
member is a member, in the review of the chemical emergency	28973
response and preparedness plan submitted by the local emergency	28974
planning committee of which the member is a member, in any vote to	28975
approve a grant to the member's district, or in any vote of the	28976
commission on any motion or resolution pertaining specifically to	28977
the member's district or the local emergency planning committee on	28978
which the member serves. A commission member who is also a member	28979
of a local emergency planning committee shall not lobby or	28980
otherwise act as an advocate for the member's district to other	28981
members of the commission to obtain from the commission anything	28982
of value for the member's district or the local emergency planning	28983
committee of which the member is a member. A member of the	28984
commission who is also a member of a local emergency planning	28985
committee may vote on resolutions of the commission that apply	28986
uniformly to all local emergency planning committees and districts	28987
in the state and do not provide a grant or other pecuniary benefit	28988
to the member's district or the committee of which the member is a	28989
member.	28990

The governor shall make the initial appointments to the	28991
commission within thirty days after December 14, 1988. Of the	28992
initial appointments to the commission, five shall be for a term	28993
of two years and five shall be for a term of one year. Thereafter,	28994
terms of office of the appointed members of the commission shall	28995
be for two years, with each term ending on the same day of the	28996
same month as did the term that it succeeds. Each member shall	28997
hold office from the date of appointment until the end of the term	28998
for which the member was appointed. Members may be reappointed.	28999
Vacancies shall be filled in the manner provided for original	29000
appointments. Any member appointed to fill a vacancy occurring	29001
prior to the expiration of the term for which the member's	29002
predecessor was appointed shall hold office for the remainder of	29003
that term. A member shall continue in office subsequent to the	29004
expiration date of the member's term until the member's successor	29005
takes office or until a period of sixty days has elapsed,	29006
whichever occurs first. The commission may at any time by a vote	29007
of two-thirds of all the members remove any appointed member of	29008
the commission for misfeasance, nonfeasance, or malfeasance.	29009
Members of the commission shall serve without compensation, but	29010
shall be reimbursed for the reasonable expenses incurred by them	29011
in the discharge of their duties as members of the commission.	29012

The commission shall meet at least annually and shall hold	29013
such additional meetings as are necessary to implement and	29014
administer this chapter. Additional meetings may be held at the	29015
behest of either a co-chairperson or a majority of the members.	29016
The commission shall, by adoption of internal management rules	29017
under division (B)(9) of this section, establish an executive	29018
committee and delegate to it the performance of such of the	29019
commission's duties and powers under this chapter as are required	29020
or authorized to be so delegated by that division. The commission	29021
may organize itself into such additional committees as it	29022
considers necessary or convenient to implement and administer this	29023
chapter. The director of environmental protection and the	29024
director of public safety or their designees shall serve as	29025
co-chairpersons of the commission and the executive committee.	29026
Except as otherwise provided in this chapter, a majority of the	29027
voting members of the commission constitutes a quorum and the	29028
affirmative vote of a majority of the voting members of the	29029
commission is necessary for any action taken by the commission.	29030
Meetings of the executive committee conducted for the purpose of	29031
determining whether to issue an enforcement order or request that	29032
a civil action, civil penalty action, or criminal action be	29033
brought to enforce this chapter or rules adopted or orders issued	29034
under it are not subject to section 121.22 of the Revised Code	29035
pursuant to division (D) of that section.	29036

Except for the purposes of Chapters 102. and 2921. and	29037
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving	29038
as an appointed member of the commission does not constitute	29039
holding a public office or position of employment under the laws	29040
of this state and does not constitute grounds for removal of	29041
public officers or employees from their offices or positions of	29042
employment.	29043

(B) The commission shall:

29044

(1) Adopt rules in accordance with Chapter 119. of the	29045
Revised Code that are consistent with and equivalent in scope,	29046
content, and coverage to the "Emergency Planning and Community	29047
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	29048
applicable regulations adopted under it:	29049

(a) Identifying or listing extremely hazardous substances	29050
and establishing a threshold planning quantity for each such	29051
substance. To the extent consistent with that act and applicable	29052
regulations adopted under it, the rules may establish threshold	29053
planning quantities based upon classes of those substances or	29054
categories of facilities at which such substances are present.	29055

(b) Listing hazardous chemicals, establishing threshold	29056
quantities for those chemicals, establishing categories of health	29057
and physical hazards of those chemicals, establishing criteria or	29058
procedures for identifying those chemicals and the appropriate	29059
hazard categories of those chemicals, and establishing ranges of	29060
quantities for those chemicals to be used in preparing emergency	29061
and hazardous chemical inventory forms under section 3750.08 of	29062
the Revised Code. To the extent consistent with that act and	29063
applicable regulations adopted under it, the rules may establish	29064
threshold quantities based upon classes of those chemicals or	29065
categories of facilities where those chemicals are present.	29066

To the extent consistent with that act, the threshold	29067
quantities for purposes of the submission of lists of hazardous	29068
chemicals under section 3750.07 and the submission of emergency	29069
and hazardous chemical inventory forms under section 3750.08 of	29070
the Revised Code may differ.	29071

(c) Identifying or listing hazardous substances and	29072
establishing reportable quantities of each of those substances and	29073
each extremely hazardous substance. In addition to being	29074
consistent with and equivalent in scope, content, and coverage to	29075
that act and applicable regulations adopted under it, the rules	29076
shall be consistent with and equivalent in scope, content, and	29077
coverage to regulations identifying or listing hazardous	29078
substances and reportable quantities of those substances adopted	29079
under the "Comprehensive Environmental Response, Compensation, and	29080
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	29081
amended.	29082

(d) Prescribing the information to be included in the lists	29083
of hazardous chemicals required to be submitted under section	29084
3750.07 of the Revised Code;	29085

(e) Prescribing the information to be included in the	29086
emergency and hazardous chemical inventory forms required to be	29087
submitted under section 3750.08 of the Revised Code. If the	29088
commission establishes its own emergency and hazardous chemical	29089
inventory form, the rules shall authorize owners and operators of	29090
facilities who also have one or more facilities located outside	29091
the state for which they are required to submit inventory forms	29092
under the federal act and regulations adopted under it to submit	29093
their annual inventories on forms prescribed by the administrator	29094
of the United States environmental protection agency under that	29095
act instead of on forms prescribed by the commission and shall	29096
require those owners or operators to submit any additional	29097
information required by the commission's inventory form on an	29098
attachment to the federal form.	29099

(f) Establishing procedures for giving verbal notice of	29100
releases under section 3750.06 of the Revised Code and prescribing	29101
the information to be provided in such a notice and in the	29102
follow-up written notice required by that section;	29103

(g) Establishing standards for determining valid needs for	29104
the release of tier II information under division (B)(4) of	29105
section 3750.10 of the Revised Code;	29106

(h) Identifying the types or categories of information	29107
submitted or obtained under this chapter and rules adopted under	29108
it that constitute confidential business information;	29109

(i) Establishing criteria and procedures to protect trade	29110
secret and confidential business information from unauthorized	29111
disclosure;	29112

(j) Establishing other requirements or authorizations that	29113
the commission considers necessary or appropriate to implement,	29114
administer, and enforce this chapter.	29115

(2) Adopt rules in accordance with Chapter 119. of the	29116
Revised Code to implement and administer this chapter that may be	29117
more stringent than the "Emergency Planning and Community	29118
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	29119
regulations adopted under it. Rules adopted under division (B)(2)	29120
of this section shall not be inconsistent with that act or the	29121
regulations adopted under it. The rules shall:	29122

(a) Prescribe the information to be included in the chemical	29123
emergency response and preparedness plans prepared and submitted	29124
by local emergency planning committees under section 3750.04 of	29125
the Revised Code;	29126

(b) Establish criteria and procedures for reviewing the	29127
chemical emergency response and preparedness plans of local	29128
emergency planning committees required by section 3750.04 of the	29129
Revised Code and the annual exercise of those plans and for	29130
providing concurrence or requesting modifications in the plans and	29131
the exercise of those plans. The criteria shall include, without	29132
limitation, the requirement that each exercise of a committee's	29133
plan involve, in addition to local emergency response and medical	29134
personnel, either a facility that is subject to the plan or a	29135
transporter of materials that are identified or listed as	29136
hazardous materials by regulations adopted under the "Hazardous	29137
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	29138
1801, as amended.	29139

(c) Establish policies and procedures for maintaining	29140
information submitted to the commission and local emergency	29141
planning committees under this chapter, and for receiving and	29142
fulfilling requests from the public for access to review and to	29143
obtain copies of that information. The criteria and procedures	29144
shall include the following requirements and authorizations	29145
regarding that information and access to it:	29146

(i) Information that is protected as trade secret	29147
information or confidential business information under this	29148
chapter and rules adopted under it shall be kept in files that are	29149
separate from those containing information that is not so	29150
protected.	29151

(ii) The original copies of information submitted to the	29152
commission or committee shall not be removed from the custody and	29153
control of the commission or committee.	29154

(iii) A person who, either in person or by mail, requests to	29155
obtain a copy of a material safety data sheet submitted under this	29156
chapter by a facility owner or operator shall submit a separate	29157
application for each facility for which a material safety data	29158
sheet is being requested.	29159

(iv) A person who requests to receive by mail a copy of	29160
information submitted under this chapter by a facility owner or	29161
operator shall submit a separate application for each facility for	29162
which information is being requested and shall specify both the	29163
facility for which information is being requested and the	29164
particular types of documents requested.	29165

(v) Only employees of the commission or committee shall copy	29166
information in the files of the commission or committee.	29167

(vi) The commission or committee may require any person who	29168
requests to review or obtain a copy of information in its files to	29169
schedule an appointment for that purpose with the information	29170
coordinator of the commission or committee at least twenty-four	29171
hours before arriving at the office of the commission or committee	29172
for the review or copy.	29173

(vii) Any person who seeks access to information in the	29174
files of the commission or a local emergency planning committee	29175
shall submit a written application, either in person or by mail,	29176
to the information coordinator on a form provided by the	29177
commission or committee. The person also shall provide the	29178
person's name and current mailing address on the application and	29179
may be requested by the commission or committee to provide basic	29180
demographic information on the form to assist in the evaluation of	29181
the information access provisions of this chapter and rules	29182
adopted under it. Application forms may be obtained by mail or in	29183
person or by request by telephone at the office of the commission	29184
or committee during regular business hours. Upon receipt of a	29185
request for an application by telephone or mail, the information	29186
coordinator shall promptly mail an application to the person who	29187
requested it.	29188

(viii) The application form shall provide the applicant with	29189
a means of indicating that the applicant's name and address are to	29190
be kept confidential. If the applicant so indicates, that	29191
information is not a public record under section 149.43 of the	29192
Revised Code and shall not be disclosed to any person who is not a	29193
member or employee of the commission or committee or an employee	29194
of the environmental protection agency. When a name and address	29195
are to be kept confidential, they also shall be deleted from the	29196
copy of the application required to be placed in the file of the	29197
facility under division (B)(2)(c)(xii) of this section and shall	29198
be withheld from any log of information requests kept by the	29199
commission or committee pursuant to that division.	29200

(ix) Neither the commission nor a local emergency planning	29201
committee shall charge any fee for access to review information in	29202
its files when no copies or computer searches of that information	29203
are requested.	29204

(x) An applicant shall be informed of the cost of copying,	29205
mailing, or conducting a computer search of information on file	29206
with the commission or committee before such a copy or search is	29207
made, and the commission or committee shall collect the	29208
appropriate fees as established under section 3750.13 of the	29209
Revised Code. Each applicant shall acknowledge on the application	29210
form that the applicant is aware that the applicant will be	29211
charged for copies and computer searches of that information the	29212
applicant requests and for the costs of mailing copies of the	29213
information to the applicant.	29214

(xi) The commission or committee may require a person	29215
requesting copies of information on file with it to take delivery	29216
of them in the office of the commission or committee whenever it	29217
considers the volume of the information to be large enough to make	29218
mailing or delivery by a parcel or package delivery service	29219
impractical.	29220

(xii) When the commission or committee receives a request	29221
for access to review or obtain copies of information in its files,	29222
it shall not routinely notify the owner or operator of the	29223
facility involved, but instead shall either keep a log or file of	29224
requests for the information or shall place a copy of each	29225
completed application form in the file for the facility to which	29226
the application pertains. Such a log or file shall be available	29227
for review by the public and by the owners and operators of	29228
facilities required to submit information to the commission or	29229
committee under this chapter and rules adopted under it.	29230

(d) Require that claims for the protection, as a trade	29231
secret, of information obtained under this chapter regarding	29232
extremely hazardous substances identified or listed in rules	29233
adopted under division (B)(1)(a) of this section and hazardous	29234
chemicals identified or listed in rules adopted under division	29235
(B)(1)(b) of this section be submitted to the administrator of the	29236
United States environmental protection agency for determination	29237
under section 322 of the the "Emergency Planning and Community	29238
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, and	29239
regulations adopted under that section;	29240

(e) Establish criteria and procedures for the issuance of	29241
variances under divisions (B) and (C) of section 3750.11 of the	29242
Revised Code. The rules shall require that, before approval of an	29243
application for a variance, the commission or committee find by a	29244
preponderance of the scientific evidence based upon generally	29245
accepted scientific principles or laboratory tests that the	29246
extremely hazardous substances, hazardous chemicals, or hazardous	29247
substances that would be subject to the reporting requirement pose	29248
a substantial risk of catastrophic injury to public health or	29249
safety or to the environment, or pose an extraordinary risk of	29250
injury to emergency management personnel responding to a release	29251
of the chemicals or substances, when the substances or chemicals	29252
are present at a facility in an amount equal to or exceeding the	29253
quantity for which reporting would be required under the reporting	29254
requirement for which the variance is sought. The rules shall	29255
also require that before approval of an application for a	29256
variance, the commission or committee find by a preponderance of	29257
the evidence that the development and implementation of a local	29258
emergency response plan for releases of the substances or	29259
chemicals covered by the reporting requirement will reduce the	29260
risk of catastrophic injury to public health or safety or to the	29261
environment, or will reduce the extraordinary risk of injury to	29262
responding emergency management personnel, in the event of a	29263
release of the substances or chemicals and find by a preponderance	29264
of the evidence that the reporting requirement is necessary for	29265
the development of such a local emergency response plan. The	29266
rules shall require that when determining whether the substances	29267
or chemicals that would be subject to the reporting requirement	29268
pose a substantial risk of catastrophic injury to public health or	29269
safety or to the environment, or pose an extraordinary risk of	29270
injury to emergency management personnel responding to a release	29271
of the substance or chemical, the commission or committee consider	29272
all of the following factors:	29273

(i) The specific characteristics and degree and nature of	29274
the hazards posed by a release of the extremely hazardous	29275
substances, hazardous chemicals, or hazardous substances;	29276

(ii) The proximity of the facilities that would be subject	29277
to the reporting requirement to residential areas, to areas where	29278
significantly large numbers of people are employed or otherwise	29279
congregate, and to environmental resources that are subject to	29280
injury;	29281

(iii) The quantities of the extremely hazardous substances,	29282
hazardous chemicals, or hazardous substances that are routinely	29283
present at facilities that would be subject to the reporting	29284
requirement;	29285

(iv) The frequency with which the extremely hazardous	29286
substances, hazardous chemicals, or hazardous substances are	29287
present at the facilities that would be subject to the reporting	29288
requirement in quantities for which reporting would be required	29289
thereunder.	29290

(f) Establish criteria and procedures for the issuance of	29291
orders under division (D) of section 3750.11 of the Revised Code	29292
requiring the placement of emergency response lock box units. The	29293
rules shall require that before approval of an application for	29294
issuance of such an order, the commission or committee find by a	29295
preponderance of the scientific evidence based upon generally	29296
accepted scientific principles or laboratory tests that the	29297
presence of the extremely hazardous substances, hazardous	29298
chemicals, or hazardous substances in the quantities in which they	29299
are routinely or intermittently present at the facility for which	29300
the order is sought pose a substantial risk of catastrophic injury	29301
to public health or safety or to the environment, or pose an	29302
extraordinary risk of injury to responding emergency management	29303
personnel, in the event of a release of any of those substances or	29304
chemicals from the facility. The rules shall require that before	29305
approval of an application for issuance of such an order, the	29306
commission or committee also find by a preponderance of the	29307
evidence that the placement of an emergency response lock box unit	29308
at the facility is necessary to protect against the substantial	29309
risk of catastrophic injury to public health or safety or the	29310
environment, or to protect against an extraordinary risk of injury	29311
to responding emergency management personnel, in the event of a	29312
release of any of the extremely hazardous substances, hazardous	29313
chemicals, or hazardous substances routinely or intermittently	29314
present at the facility. The rules shall require that when	29315
determining whether the extremely hazardous substances, hazardous	29316
chemicals, or hazardous substances present at the facility pose a	29317
substantial risk of catastrophic injury to public health or safety	29318
or to the environment, or pose an extraordinary risk of injury to	29319
responding emergency management personnel, in the event of a	29320
release of any of those substances or chemicals from the facility,	29321
the commission or committee consider all of the following factors:	29322

(i) The specific characteristics and the degree and nature	29323
of the hazards posed by a release of the extremely hazardous	29324
substances, hazardous chemicals, or hazardous substances present	29325
at the facility;	29326

(ii) The proximity of the facility to residential areas, to	29327
areas where significantly large numbers of people are employed or	29328
otherwise congregate, and to environmental resources that are	29329
subject to injury;	29330

(iii) The quantities of the extremely hazardous substances,	29331
hazardous chemicals, or hazardous substances that are routinely	29332
present at the facility;	29333

(iv) The frequency with which the extremely hazardous	29334
substances, hazardous chemicals, or hazardous substances are	29335
present at the facility.	29336

(g) Establish procedures to be followed by the commission	29337
and the executive committee of the commission for the issuance of	29338
orders under this chapter.	29339

(3) In accordance with Chapter 119. of the Revised Code	29340
adopt rules establishing reportable quantities for releases of oil	29341
that are consistent with and equivalent in scope, content, and	29342
coverage to section 311 of the "Federal Water Pollution Control	29343
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as	29344
amended, and applicable regulations adopted under it;	29345

(4) Adopt rules in accordance with Chapter 119. of the	29346
Revised Code establishing criteria and procedures for identifying	29347
or listing extremely hazardous substances in addition to those	29348
identified or listed in rules adopted under division (B)(1)(a) of	29349
this section and for establishing threshold planning quantities	29350
and reportable quantities for the added extremely hazardous	29351
substances; for identifying or listing hazardous chemicals in	29352
addition to those identified or listed in rules adopted under	29353
division (B)(1)(b) of this section and for establishing threshold	29354
quantities and categories of health and physical hazards for the	29355
added hazardous chemicals; and for identifying or listing	29356
hazardous substances in addition to those identified or listed in	29357
rules adopted under division (B)(1)(c) of this section and for	29358
establishing reportable quantities for the added hazardous	29359
substances. The criteria for identifying or listing additional	29360
extremely hazardous substances and establishing threshold planning	29361
quantities and reportable quantities therefor and for identifying	29362
or listing additional hazardous chemicals and establishing	29363
threshold quantities and categories of health and physical hazards	29364
for the added hazardous chemicals shall be consistent with and	29365
equivalent to applicable criteria therefor under the "Emergency	29366
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	29367
42 U.S.C.A. 11001, and regulations adopted under it. The criteria	29368
for identifying additional hazardous substances and for	29369
establishing reportable quantities of the added hazardous	29370
substances shall be consistent with and equivalent to the	29371
applicable criteria for identifying or listing hazardous	29372
substances and establishing reportable quantities therefor under	29373
the "Comprehensive Environmental Response, Compensation, and	29374
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	29375
amended, and regulations adopted under it.	29376

The rules shall require that, before identifying or listing	29377
any such additional extremely hazardous substance, hazardous	29378
chemical, or hazardous substance and establishing a threshold	29379
planning quantity, threshold quantity, or reportable quantity	29380
therefor, the commission find by a preponderance of the scientific	29381
evidence based on generally accepted scientific principles or	29382
laboratory tests that the substance or chemical poses a	29383
substantial risk of catastrophic injury to public health or safety	29384
or to the environment, or poses an extraordinary risk of injury to	29385
emergency management personnel responding to a release of the	29386
chemical or substance, when the chemical or substance is present	29387
at a facility in an amount equal to the proposed threshold	29388
planning quantity or threshold quantity or, in the instance of a	29389
proposed additional extremely hazardous substance or hazardous	29390
substance, poses a substantial risk of catastrophic injury to	29391
public health or safety or to the environment if a release of the	29392
proposed reportable quantity of the substance occurs. The rules	29393
shall further require that, before so identifying or listing a	29394
substance or chemical, the commission find by a preponderance of	29395
the evidence that the development and implementation of state or	29396
local emergency response plans for releases of the substance or	29397
chemical will reduce the risk of a catastrophic injury to public	29398
health or safety or to the environment, or will reduce the	29399
extraordinary risk of injury to responding emergency response	29400
personnel, in the event of a release of the substance or chemical	29401
and find by a preponderance of the evidence that the	29402
identification or listing of the substance or chemical is	29403
necessary for the development of state or local emergency response	29404
plans for releases of the substance or chemical. The rules shall	29405
require that the commission consider the toxicity of the substance	29406
or chemical in terms of both the short-term and long-term health	29407
effects resulting from exposure to it and its reactivity,	29408
volatility, dispersibility, combustibility, and flammability when	29409
determining the risks posed by a release of the substance or	29410
chemical and, as appropriate, when establishing a threshold	29411
planning quantity, threshold quantity, reportable quantity, or	29412
category of health or physical hazard for it.	29413

(5) Adopt rules in accordance with Chapter 119. of the	29414
Revised Code establishing criteria and procedures for receiving	29415
and deciding claims for protection of information as a trade	29416
secret that are applicable only to extremely hazardous substances	29417
and hazardous chemicals identified or listed in rules adopted	29418
under division (C)(5) of this section. The rules shall be	29419
equivalent in scope, content, and coverage to section 322 of the	29420
"Emergency Planning and Community Right-To-Know Act of 1986," 100	29421
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it.	29422

(6)(a) After consultation with the fire marshal, adopt rules	29423
in accordance with Chapter 119. of the Revised Code establishing	29424
standards for the construction, placement, and use of emergency	29425
response lock box units at facilities that are subject to this	29426
chapter. The rules shall establish all of the following:	29427

(i) Specific standards of construction for lock box units;

29428

(ii) The specific types of information that shall be placed	29429
in the lock box units required to be placed at a facility by an	29430
order issued under division (D) of section 3750.11 of the Revised	29431
Code, which shall include the location of on-site emergency	29432
fire-fighting and spill cleanup equipment; a diagram of the public	29433
and private water supply and sewage systems serving the facility	29434
that are known to the owner or operator of the facility; a copy of	29435
the emergency and hazardous chemical inventory form for the	29436
facility most recently required to be submitted under section	29437
3750.08 of the Revised Code from which the owner or operator may	29438
withhold information claimed or determined to be trade secret	29439
information pursuant to rules adopted under division (B)(2)(d) of	29440
this section, or pursuant to division (B)(14) of this section and	29441
rules adopted under division (B)(5) of this section, and	29442
confidential business information identified in rules adopted	29443
under division (B)(1)(h) of this section; a copy of the local fire	29444
department's and facility's emergency management plans for the	29445
facility, if any; a current list of the names, positions,	29446
addresses, and telephone numbers of all key facility personnel	29447
knowledgeable in facility safety procedures and the locations at	29448
the facility where extremely hazardous substances, hazardous	29449
chemicals, and hazardous substances are produced, used, or stored.	29450
The rules shall stipulate that, in the instance of lock box units	29451
placed voluntarily at facilities by the owners or operators of the	29452
facilities, such information shall be maintained in them as is	29453
prescribed by agreement by the owner or operator and the fire	29454
department having jurisdiction over the facility.	29455

(iii) The conditions that shall be met in order to provide	29456
safe and expedient access to a lock box unit during a release or	29457
threatened release of an extremely hazardous substance, hazardous	29458
chemical, or hazardous substance.	29459

(b) Unless the owner or operator of a facility is issued an	29460
order under division (D) of section 3750.11 of the Revised Code	29461
requiring the owner or operator to place a lock box unit at the	29462
facility, the owner or operator may place a lock box unit at the	29463
facility at the owner's or operator's discretion. If the owner or	29464
operator chooses to place a lock box unit at the facility, the	29465
responsibility to deposit information in the lock box unit is in	29466
addition to any other obligations established in this chapter.	29467

(c) Any costs associated with the purchase, construction, or	29468
placement of a lock box unit shall be paid by the owner or	29469
operator of the facility.	29470

(7) In accordance with Chapter 119. of the Revised Code,	29471
adopt rules governing the application for and awarding of grants	29472
under division (C) of section 3750.14 and division (B) of section	29473
3750.15 of the Revised Code;	29474

(8) Adopt rules in accordance with Chapter 119. of the	29475
Revised Code establishing reasonable maximum fees that may be	29476
charged by the commission and local emergency planning committees	29477
for copying information in the commission's or committee's files	29478
to fulfill requests from the public for that information;	29479

(9) Adopt internal management rules governing the operations	29480
of the commission. The internal management rules shall establish	29481
an executive committee of the commission consisting of the	29482
director of environmental protection or the director's designee,	29483
the director of public safety or the director's designee, the	29484
attorney general or the attorney general's designee, one of the	29485
appointed members of the commission representing industries	29486
subject to this chapter to be appointed by the commission, one of	29487
the appointed members of the commission representing the interests	29488
of environmental advocacy organizations to be appointed by the	29489
commission, and one other appointed member or member ex officio of	29490
the commission to be appointed by the commission. The executive	29491
committee has exclusive authority to issue enforcement orders	29492
under section 3750.18 of the Revised Code and to request the	29493
attorney general to bring a civil action, civil penalty action, or	29494
criminal action under section 3750.20 of the Revised Code in the	29495
name of the commission regarding violations of this chapter, rules	29496
adopted under it, or orders issued under it. The internal	29497
management rules may set forth the other specific powers and	29498
duties of the commission that the executive committee may exercise	29499
and carry out and the conditions under which the executive	29500
committee may do so. The internal management rules shall not	29501
authorize the executive committee to issue variances under	29502
division (B) or (C) of section 3750.11 of the Revised Code or	29503
orders under division (D) of that section.	29504

(10) Oversee and coordinate the implementation and	29505
enforcement of this chapter and make such recommendations to the	29506
director of environmental protection and the director of public	29507
safety as it considers necessary or appropriate to improve the	29508
implementation and enforcement of this chapter;	29509

(11) Make allocations of moneys under division (B) of	29510
section 3750.14 of the Revised Code and make grants under division	29511
(C) of section 3750.14 and division (B) of section 3750.15 of the	29512
Revised Code;	29513

(12) Designate an officer of the environmental protection	29514
agency to serve as the commission's information coordinator under	29515
this chapter;	29516

(13) Not later than December 14, 1989, develop and	29517
distribute a state emergency response plan that defines the	29518
emergency response roles and responsibilities of the state	29519
agencies that are represented on the commission and that provides	29520
appropriate coordination with the national contingency plan and	29521
the regional contingency plan required by section 105 of the	29522
"Comprehensive Environmental Response, Compensation, and Liability	29523
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended. The	29524
plan shall ensure a well-coordinated response by state agencies	29525
that may be involved in assisting local emergency responders	29526
during a major release of oil or a major sudden and accidental	29527
release of a hazardous substance or extremely hazardous substance.	29528
The plan may incorporate existing state emergency response plans	29529
by reference. At least annually, the commission and the state	29530
agencies that are represented on it shall jointly exercise the	29531
state plan in conjunction with the exercise of a local emergency	29532
response plan by a local emergency planning committee under	29533
section 3750.04 of the Revised Code. After any such exercise, the	29534
commission shall review the state plan and make such revisions in	29535
it as the commission considers necessary or appropriate.	29536

(14) Receive and decide claims for the protection of	29537
information as a trade secret that pertain only to extremely	29538
hazardous substances and hazardous chemicals identified or listed	29539
by rules adopted under division (C)(5) of this section. If the	29540
commission determines that the claim meets the criteria	29541
established in rules adopted under division (B)(5) of this	29542
section, it shall issue an order to that effect in accordance with	29543
section 3750.18 of the Revised Code. If the commission determines	29544
that the claim does not meet the criteria established in those	29545
rules, it shall issue an order to that effect in accordance with	29546
section 3750.18 of the Revised Code.	29547

(15) Annually compile, make available to the public, and	29548
submit to the president of the senate and the speaker of the house	29549
of representatives a summary report on the number of facilities	29550
estimated to be subject to regulation under sections 3750.05,	29551
3750.07, and 3750.08 of the Revised Code, the number of facilities	29552
reporting to the commission, an estimate of the percentage of	29553
facilities in compliance with those sections, and recommendations	29554
regarding the types of activities the commission considers	29555
necessary to improve such compliance. The commission shall base	29556
its estimate of the number of facilities that are subject to	29557
regulation under those sections on the current estimates provided	29558
by the local emergency planning committees under division (D)(6)	29559
of section 3750.03 of the Revised Code.	29560

29561

(1) Procure by contract the temporary or intermittent	29562
services of experts or consultants when those services are to be	29563
performed on a part-time or fee-for-service basis and do not	29564
involve the performance of administrative duties;	29565

(2) Enter into contracts or agreements with political	29566
subdivisions or emergency planning districts for the purposes of	29567
this chapter;	29568

(3) Accept on behalf of the state any gift, grant, or	29569
contribution from any governmental or private source for the	29570
purposes of this chapter;	29571

(4) Enter into contracts, agreements, or memoranda of	29572
understanding with any state department, agency, board,	29573
commission, or institution to obtain the services of personnel	29574
thereof or utilize resources thereof for the purposes of this	29575
chapter. Employees of a state department, agency, board,	29576
commission, or institution providing services to the commission	29577
under any such contract, agreement, or memorandum shall perform	29578
only those functions and provide only the services provided for in	29579
the contract, agreement, or memorandum.	29580

(5) Identify or list extremely hazardous substances in	29581
addition to those identified or listed in rules adopted under	29582
division (B)(1)(a) of this section and establish threshold	29583
planning quantities and reportable quantities for the additional	29584
extremely hazardous substances, identify or list hazardous	29585
chemicals in addition to those identified or listed in rules	29586
adopted under division (B)(1)(b) of this section and establish	29587
threshold quantities and categories or health and physical hazards	29588
for the added chemicals, and identify or list hazardous substances	29589
in addition to those identified or listed in rules adopted under	29590
division (B)(1)(c) of this section and establish reportable	29591
quantities for the added hazardous substances. The commission may	29592
establish threshold planning quantities for the additional	29593
extremely hazardous substances based upon classes of those	29594
substances or categories of facilities at which they are present	29595
and may establish threshold quantities for the additional	29596
hazardous chemicals based upon classes of those chemicals or	29597
categories of facilities where they are present. The commission	29598
shall identify or list such additional substances or chemicals and	29599
establish threshold planning quantities, threshold quantities,	29600
reportable quantities, and hazard categories therefor in	29601
accordance with the criteria and procedures established in rules	29602
adopted under division (B)(4) of this section and, after	29603
compliance with those criteria and procedures, by the adoption of	29604
rules in accordance with Chapter 119. of the Revised Code. The	29605
commission shall not adopt rules under division (C)(5) of this	29606
section modifying any threshold planning quantity established in	29607
rules adopted under division (B)(1)(a) of this section, any	29608
threshold quantity established in rules adopted under division	29609
(B)(1)(b) of this section, or any reportable quantity established	29610
in rules adopted under division (B)(1)(c) of this section.	29611

If, after the commission has adopted rules under division	29612
(C)(5) of this section identifying or listing an extremely	29613
hazardous substance, hazardous chemical, or hazardous substance,	29614
the administrator of the United States environmental protection	29615
agency identifies or lists the substance or chemical as an	29616
extremely hazardous substance or hazardous chemical under the	29617
"Emergency Planning and Community Right-To-Know Act of 1986," 100	29618
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance	29619
as a hazardous substance under the "Comprehensive Environmental	29620
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	29621
42 U.S.C.A. 9602, as amended, the commission shall rescind its	29622
rules adopted under division (C)(5) of this section pertaining to	29623
the substance or chemical and adopt the appropriate rules under	29624
division (B)(1)(a), (b), or (c) of this section.	29625

(6) From time to time, request the director of environmental	29626
protection and the executive director of the emergency management	29627
agency to review implementation, administration, and enforcement	29628
of the chemical emergency response planning and reporting programs	29629
created by this chapter and rules adopted under it regarding their	29630
effectiveness in preparing for response to releases of extremely	29631
hazardous substances, hazardous chemicals, and hazardous	29632
substances. After completion of any such review, the director of	29633
environmental protection and the director of public safety shall	29634
report their findings to the commission. Upon receipt of their	29635
findings, the commission may make such recommendations for	29636
legislative and administrative action as the commission finds	29637
necessary or appropriate to promote achievement of the purposes of	29638
this chapter.	29639

(D) Except as provided in section 3750.06 of the Revised	29640
Code, nothing in this chapter applies to the transportation,	29641
including the storage incident to transportation, of any substance	29642
or chemical subject to the requirements of this chapter, including	29643
the transportation and distribution of natural gas.	29644

(E) This chapter authorizes the state, through the emergency	29645
response commission, the department of public safety, and the	29646
environmental protection agency, to establish and maintain	29647
chemical emergency response planning and preparedness, community	29648
right-to-know, and hazardous substance and extremely hazardous	29649
substance release reporting programs that are consistent with and	29650
equivalent in scope, coverage, and content to the "Emergency	29651
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	29652
42 U.S.C.A. 11001, and regulations adopted under it, except as	29653
otherwise specifically required or authorized in this chapter. The	29654
commission, department, and agencies may do all things necessary,	29655
incidental, or appropriate to implement, administer, and enforce	29656
this chapter and to perform the duties and exercise the powers of	29657
the state emergency response commission under that act and	29658
regulations adopted under it and under this chapter.	29659

Sec. 3750.081. (A) Notwithstanding any provision in this	29660
chapter to the contrary, an owner or operator of a facility that	29661
is regulated under Chapter 1509. of the Revised Code who has filed	29662
a log in accordance with section 1509.10 of the Revised Code and a	29663
production statement in accordance with section 1509.11 of the	29664
Revised Code shall be deemed to have satisfied all of the	29665
inventory, notification, listing, and other submission and filing	29666
requirements established under this chapter, except for the	29667
release reporting requirements established under section 3750.06	29668
of the Revised Code.	29669

(B) The emergency response commission and every local	29670
emergency planning committee and fire department in this state	29671
shall establish a means by which to access, view, and retrieve	29672
information, through the use of the internet or a computer disk,	29673
from the electronic database maintained by the division of mineral	29674
resources management in the department of natural resources in	29675
accordance with section 1509.23 of the Revised Code. With respect	29676
to facilities regulated under Chapter 1509. of the Revised Code,	29677
the database shall be the means of providing and receiving the	29678
information described in division (A) of this section.	29679

Sec. 3750.13. (A)(1) Except as provided in division (A)(3)	29680
or (4) of this section, the owner or operator of a facility	29681
required to annually file an emergency and hazardous chemical	29682
inventory form under section 3750.08 of the Revised Code shall	29683
submit with the inventory form a filing fee of one hundred fifty	29684
dollars. In addition to the filing fee, the owner or operator	29685
shall submit with the inventory form the following additional fees	29686
for reporting inventories of the individual hazardous chemicals	29687
and extremely hazardous substances produced, used, or stored at	29688
the facility:	29689

(a) Except as provided in division (A)(1)(b) of this	29690
section, an additional fee of ~~ten~~ twenty dollars per hazardous	29691
chemical enumerated on the inventory form ~~in excess of five~~;	29692

(b) An additional fee of one hundred fifty dollars per	29693
extremely hazardous substance enumerated on the inventory form.	29694
The fee established in division (A)(1)(a) of this section does not	29695
apply to the reporting of the inventory of a hazardous chemical	29696
that is also an extremely hazardous substance to which the	29697
inventory reporting fee established in division (A)(1)(b) of this	29698
section applies.	29699

The total fees required to accompany any inventory form shall	29700
not exceed twenty-five hundred dollars.	29701

(2) An owner or operator of a facility who fails to submit	29702
such an inventory form within thirty days after the applicable	29703
filing date prescribed in section 3750.08 of the Revised Code	29704
shall submit with the inventory form a late filing fee in the	29705
amount of ~~fifteen~~ ten per cent per year of the total fees due	29706
under division (A)(1) or (4) of this section, in addition to the	29707
fees due under division (A)(1) or (4) of this section. ~~The late~~	29708
~~filing fee shall be compounded every three months until the total~~	29709
~~fees due under division (A)(1) or (4) of this section are~~	29710
~~submitted to the emergency response commission.~~	29711

(3) The owner or operator of a facility who, during the	29712
preceding year, was required to pay a fee to a municipal	29713
corporation pursuant to an ordinance, rule, or requirement that	29714
was in effect on the effective date of this section for the	29715
reporting or providing of the names or amounts of extremely	29716
hazardous substances or hazardous chemicals produced, used, or	29717
stored at the facility may claim a credit against the fees due	29718
under division (A)(1) or (4) of this section for the fees paid to	29719
the municipal corporation pursuant to its reporting requirement.	29720
The amount of the credit claimed in any reporting year shall not	29721
exceed the amount of the fees due under division (A)(1) or (4) of	29722
this section during that reporting year, and no unused portion of	29723
the credit shall be carried over to subsequent years. In order to	29724
claim a credit under this division, the owner or operator shall	29725
submit with the emergency and hazardous chemical inventory form a	29726
receipt issued by the municipal corporation or other documentation	29727
acceptable to the commission indicating the amount of the fee paid	29728
to the municipal corporation and the date on which the fee was	29729
paid.	29730

(4) An owner or operator who is regulated under Chapter	29731
1509. of the Revised Code and who submits ~~inventory forms~~	29732
information under section 1509.11 of the Revised Code for not more	29733
than ~~thirty-five~~ twenty-five facilities ~~that meet all of the~~	29734
~~following conditions~~ shall submit ~~with the forms~~ to the emergency	29735
response commission on or before the first day of March a flat fee	29736
of ~~twenty-five~~ fifty dollars if the facilities meet all of the	29737
following conditions:	29738

(a) The facility exclusively stores crude oil or liquid	29739
hydrocarbons or other fluids resulting, obtained, or produced in	29740
connection with the production or storage of crude oil or natural	29741
gas.	29742

(b) The crude oil, liquid hydrocarbons, or other fluids	29743
stored at the facility are conveyed directly to it through piping	29744
or tubing.	29745

(c) The facility is located on the same site as, or on a	29746
site adjacent to, the well from which the crude oil, liquid	29747
hydrocarbons, or other fluids are produced or obtained.	29748

(d) The facility is used for the storage of the crude oil,	29749
liquid hydrocarbons, or other fluids prior to their transportation	29750
off the premises of the facility for sale, use, or disposal.	29751

An owner or operator who submits ~~inventory forms~~ information	29752
for more than ~~thirty-five~~ twenty-five facilities that meet all of	29753
the conditions prescribed in divisions (A)(4)(a) to (d) of this	29754
section shall submit to the commission a base fee of ~~twenty-five~~	29755
fifty dollars ~~in addition to a~~ and an additional filing fee of ten	29756
dollars for each facility reported in excess of ~~thirty-five~~	29757
twenty-five, but not exceeding a total fee of ~~seven~~ nine hundred	29758
dollars. ~~An owner or operator of such facilities shall submit the~~	29759
~~forms for all such facilities owned or operated by him in this~~	29760
~~state to the commission at the same time together with the~~	29761
~~applicable fee under division (A)(4) of this section.~~	29762

As used in division (A)(4) of this section, "owner or	29763
operator" means the person who actually owns or operates any such	29764
facility and any other person who controls, is controlled by, or	29765
is under common control with the person who actually owns or	29766
operates the facility.	29767

(B) The emergency response commission and the local	29768
emergency planning committee of an emergency planning district may	29769
establish fees to be paid by persons, other than public officers	29770
or employees, obtaining copies of documents or information	29771
submitted to the commission or a committee under this chapter. The	29772
fees shall be established at a level calculated to defray the	29773
costs to the commission or committee for copying the documents or	29774
information, but shall not exceed the maximum fees established in	29775
rules adopted under division (B)(8) of section 3750.02 of the	29776
Revised Code.	29777

(C) Except as provided in this division and division (B) of	29778
this section, and except for fees authorized by section 3737.22 of	29779
the Revised Code or rules adopted under sections 3737.82 to	29780
3737.882 of the Revised Code and collected exclusively for either	29781
of those purposes, no committee or political subdivision shall	29782
levy any fee, tax, excise, or other charge to carry out the	29783
purposes of this chapter. A committee may charge the actual costs	29784
involved in accessing any computerized data base established by	29785
the commission under this chapter or by the United States	29786
environmental protection agency under the "Emergency Planning and	29787
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A.	29788
11001.	29789

(D) Moneys collected by the commission under this section	29790
shall be credited to the emergency planning and community	29791
right-to-know fund created in section 3750.14 of the Revised Code.	29792

Sec. 3769.08. (A) Any person holding a permit to conduct a	29793
horse-racing meeting may provide a place in the race meeting	29794
grounds or enclosure at which the permit holder may conduct and	29795
supervise the pari-mutuel system of wagering by patrons of legal	29796
age on the live racing programs and simulcast racing programs	29797
conducted by ~~such~~ the permit holder.	29798

~~Such~~ The pari-mutuel method of wagering upon the live racing	29799
programs and simulcast racing programs held at or conducted within	29800
such race track, and at the time of such horse-racing meeting, or	29801
at other times authorized by the state racing commission, shall	29802
not be unlawful. No other place, except that provided and	29803
designated by the permit holder and except as provided in section	29804
3769.26 of the Revised Code, nor any other method or system of	29805
betting or wagering, except the pari-mutuel system, shall be used	29806
or permitted by the permit holder; nor, except as provided in	29807
section 3769.089 or 3769.26 of the Revised Code, shall the	29808
pari-mutuel system of wagering be conducted by the permit holder	29809
on any races except the races at the race track, grounds, or	29810
enclosure for which the person holds a permit. Each permit holder	29811
may retain as a commission an amount not to exceed eighteen per	29812
cent of the total of all moneys wagered.	29813

The pari-mutuel wagering authorized by this section is	29814
subject to sections 3769.25 to ~~3769.27~~ 3769.28 of the Revised	29815
Code.	29816

(B) At the close of each racing day, each permit holder	29817
authorized to conduct thoroughbred racing, out of the amount	29818
retained on that day by the permit holder, shall pay by check,	29819
draft, or money order to the tax commissioner, as a tax, a sum	29820
equal to the following percentages of the total of all moneys	29821
wagered on live racing programs on that day and shall separately	29822
compute and pay by check, draft, or money order to the tax	29823
commissioner, as a tax, a sum equal to the following percentages	29824
of the total of all money wagered on simulcast racing programs on	29825
that day:	29826

(1) One per cent of the first two hundred thousand dollars	29827
wagered, or any part ~~thereof~~ of that amount;	29828

(2) Two per cent of the next one hundred thousand dollars	29829
wagered, or any part ~~thereof~~ of that amount;	29830

(3) Three per cent of the next one hundred thousand dollars	29831
wagered, or any part ~~thereof~~ of that amount;	29832

(4) Four per cent of all sums over four hundred thousand	29833
dollars wagered.	29834

Except as otherwise provided in section 3769.089 of the	29835
Revised Code, each permit holder authorized to conduct	29836
thoroughbred racing shall use for purse money a sum equal to fifty	29837
per cent of the pari-mutuel revenues retained by the permit holder	29838
as a commission after payment of the state tax. This fifty per	29839
cent payment shall be in addition to the purse distribution from	29840
breakage specified in this section.	29841

Subject to division (M) of this section, from the moneys paid	29842
to the tax commissioner by ~~thoroughbred-racing~~ thoroughbred racing	29843
permit holders, one-half of one per cent of the total of all	29844
moneys so wagered on a racing day shall be paid into the Ohio	29845
fairs fund created by section 3769.082 of the Revised Code, one	29846
and one-eighth per cent of the total of all moneys so wagered on a	29847
racing day shall be paid into the Ohio thoroughbred race fund	29848
created by section 3769.083 of the Revised Code, and one-quarter	29849
of one per cent of the total of all moneys wagered on a racing day	29850
by each permit holder shall be paid into the state racing	29851
commission operating fund created by section 3769.03 of the	29852
Revised Code. The required payment to the state racing commission	29853
operating fund does not apply to county and independent fairs and	29854
agricultural societies. The remaining moneys may be retained by	29855
the permit holder, except as provided in this section with respect	29856
to the odd cents redistribution. Amounts paid into the PASSPORT	29857
fund shall be used solely for the support of the PASSPORT program	29858
as determined in appropriations made by the general assembly. If	29859
the PASSPORT program is abolished, the amount that would have been	29860
paid to the PASSPORT fund under this chapter shall be paid to the	29861
general revenue fund of the state. As used in this chapter,	29862
"PASSPORT program" means the PASSPORT program created under	29863
section 173.40 of the Revised Code.	29864

~~During calendar year 1994, the~~ The total amount paid to the	29865
Ohio thoroughbred race fund under this section and section	29866
3769.087 of the Revised Code ~~shall not exceed by more than six per~~	29867
~~cent the total amount paid to this fund under this section and~~	29868
~~that section during calendar year 1990. During each calendar year~~	29869
~~after calendar year 1994, the total amount paid to this fund under~~	29870
~~this section and that section~~ shall not exceed by more than six	29871
per cent the total amount paid to this fund under this section and	29872
that section during the immediately preceding calendar year.	29873

Each year, the total amount calculated for payment into the	29874
Ohio fairs fund under this division, division (C) of this section,	29875
and section 3769.087 of the Revised Code shall be an amount	29876
calculated using the percentages specified in this division,	29877
division (C) of this section, and section 3769.087 of the Revised	29878
Code. ~~Until January 1, 1996, the total amount actually paid into~~	29879
~~the Ohio fairs fund under this division, division (C) of this~~	29880
~~section, and section 3769.087 of the Revised Code during each~~	29881
~~calendar year shall not exceed the total amount that was actually~~	29882
~~paid into that fund under this division, division (C) of this~~	29883
~~section, and section 3769.087 of the Revised Code during calendar~~	29884
~~year 1990, plus five hundred thousand dollars. Beginning on~~	29885
~~January 1, 1996, and continuing through December 31, 1998, the~~	29886
~~total amount actually paid into the Ohio fairs fund during each~~	29887
~~calendar year under this division, division (C) of this section,~~	29888
~~and section 3769.087 of the Revised Code shall not exceed by more~~	29889
~~than five per cent an amount equal to the total amount actually~~	29890
~~paid into the Ohio fairs fund during the immediately preceding~~	29891
~~calendar year.~~	29892

A permit holder may contract with a thoroughbred horsemen's	29893
organization for the organization to act as a representative of	29894
all thoroughbred owners and trainers participating in a	29895
horse-racing meeting conducted by the permit holder. A	29896
"thoroughbred horsemen's organization" is any corporation or	29897
association that represents, through membership or otherwise, more	29898
than one-half of the aggregate of all thoroughbred owners and	29899
trainers who were licensed and actively participated in racing	29900
within this state during the preceding calendar year. Except as	29901
otherwise provided in this paragraph, any moneys received by a	29902
thoroughbred horsemen's organization shall be used exclusively for	29903
the benefit of thoroughbred owners and trainers racing in this	29904
state through the administrative purposes of the organization,	29905
benevolent activities on behalf of the horsemen, promotion of the	29906
horsemen's rights and interests, and promotion of equine research.	29907
A thoroughbred horsemen's organization may expend not more than an	29908
aggregate of five per cent of its annual gross receipts, or a	29909
larger amount as approved by the organization, for dues,	29910
assessments, and other payments to all other local, national, or	29911
international organizations having as their primary purposes the	29912
promotion of thoroughbred horse racing, thoroughbred horsemen's	29913
rights, and equine research.	29914

(C) Except as otherwise provided in division (B) of this	29915
section, at the close of each racing day, each permit holder	29916
authorized to conduct harness or quarter horse racing, out of the	29917
amount retained that day by the permit holder, shall pay by check,	29918
draft, or money order to the tax commissioner, as a tax, a sum	29919
equal to the following percentages of the total of all moneys	29920
wagered on live racing programs and shall separately compute and	29921
pay by check, draft, or money order to the tax commissioner, as a	29922
tax, a sum equal to the following percentages of the total of all	29923
money wagered on simulcast racing programs on that day:	29924

(1) One per cent of the first two hundred thousand dollars	29925
wagered, or any part ~~thereof~~ of that amount;	29926

(2) Two per cent of the next one hundred thousand dollars	29927
wagered, or any part ~~thereof~~ of that amount;	29928

(3) Three per cent of the next one hundred thousand dollars	29929
wagered, or any part ~~thereof~~ of that amount;	29930

(4) Four per cent of all sums over four hundred thousand	29931
dollars wagered.	29932

Except as otherwise provided in division (B) and subject to	29933
division (M) of this section, from the moneys paid to the tax	29934
commissioner by permit holders authorized to conduct harness or	29935
quarter horse racing, one-half of one per cent of all moneys	29936
wagered on that racing day shall be paid into the Ohio fairs fund;	29937
from the moneys paid to the tax commissioner by permit holders	29938
authorized to conduct harness racing, five-eighths of one per cent	29939
of all moneys wagered on that racing day shall be paid into the	29940
Ohio standardbred development fund; and from the moneys paid to	29941
the tax commissioner by permit holders authorized to conduct	29942
quarter horse racing, five-eighths of one per cent of all moneys	29943
wagered on that racing day shall be paid into the Ohio quarter	29944
horse development fund.	29945

(D) In addition, subject to division (M) of this section,	29946
beginning on January 1, 1996, from the money paid to the tax	29947
commissioner as a tax under this section and section 3769.087 of	29948
the Revised Code by harness horse permit holders, one-half of one	29949
per cent of the amount wagered on a racing day shall be paid into	29950
the Ohio standardbred development fund. Beginning January 1,	29951
1998, the payment to the Ohio standardbred development fund	29952
required under this division ~~(D) of this section~~ does not apply to	29953
county agricultural societies or independent agricultural	29954
societies.	29955

~~During calendar year 1994, the~~ The total amount paid to the	29956
Ohio standardbred development fund under this division, division	29957
(C) of this section, and section 3769.087 of the Revised Code and	29958
the total amount paid to the Ohio quarter horse development fund	29959
under this division and that section ~~shall not exceed by more than~~	29960
~~six per cent the total amount paid to each of these funds under~~	29961
~~this division and that section during calendar year 1990. During~~	29962
~~each calendar year after calendar year 1994, the total amount paid~~	29963
~~to each of these funds~~ shall not exceed by more than six per cent	29964
the total amount paid into the fund under this division, division	29965
(C) of this section, and section 3769.087 of the Revised Code in	29966
the immediately preceding calendar year.	29967

(E) Subject to division (M) of this section, from the money	29968
paid as a tax under this chapter by harness and quarter horse	29969
permit holders, one-quarter of one per cent of the total of all	29970
moneys wagered on a racing day by each permit holder shall be paid	29971
into the state racing commission operating fund created by section	29972
3769.03 of the Revised Code. This division does not apply to	29973
county and independent fairs and agricultural societies.	29974

(F) Except as otherwise provided in section 3769.089 of the	29975
Revised Code, each permit holder authorized to conduct harness	29976
racing shall ~~pat~~ pay to the harness horsemen's purse pool a sum	29977
equal to fifty per cent of the pari-mutuel revenues retained by	29978
the permit holder as a commission after payment of the state tax.	29979
This fifty per cent payment is to be in addition to the purse	29980
distribution from breakage specified in this section.	29981

(G) In addition, each permit holder authorized to conduct	29982
harness racing shall be allowed to retain the odd cents of all	29983
redistribution to be made on all mutual contributions exceeding a	29984
sum equal to the next lowest multiple of ten.	29985

Forty per cent of that portion of that total sum of such odd	29986
cents shall be used by the permit holder for purse money for Ohio	29987
sired, bred, and owned colts, for purse money for Ohio bred	29988
horses, and for increased purse money for horse races. Upon the	29989
formation of the corporation described in section 3769.21 of the	29990
Revised Code to establish a harness horsemen's health and	29991
retirement fund, twenty-five per cent of that portion of that	29992
total sum of odd cents shall be paid at the close of each racing	29993
day by the permit holder to ~~such~~ that corporation to establish and	29994
fund the health and retirement fund. Until ~~such~~ that corporation	29995
is formed, ~~such~~ that twenty-five per cent shall be paid at the	29996
close of each racing day by the permit holder to the tax	29997
commissioner or the tax commissioner's agent in the county seat of	29998
the county in which the permit holder operates race meetings. The	29999
remaining thirty-five per cent of that portion of that total sum	30000
of odd cents shall be retained by the permit holder.	30001

(H) In addition, each permit holder authorized to conduct	30002
thoroughbred racing shall be allowed to retain the odd cents of	30003
all redistribution to be made on all mutuel contributions	30004
exceeding a sum equal to the next lowest multiple of ten. Twenty	30005
per cent of that portion of that total sum of such odd cents shall	30006
be used by the permit holder for increased purse money for horse	30007
races. Upon the formation of the corporation described in section	30008
3769.21 of the Revised Code to establish a thoroughbred horsemen's	30009
health and retirement fund, forty-five per cent of that portion of	30010
that total sum of odd cents shall be paid at the close of each	30011
racing day by the permit holder to ~~such~~ that corporation to	30012
establish and fund the health and retirement fund. Until ~~such~~	30013
that corporation is formed, ~~such~~ that forty-five per cent shall be	30014
paid by the permit holder to the tax commissioner or the tax	30015
commissioner's agent in the county seat of the county in which the	30016
permit holder operates race meetings, at the close of each racing	30017
day. The remaining thirty-five per cent of that portion of that	30018
total sum of odd cents shall be retained by the permit holder.	30019

(I) In addition, each permit holder authorized to conduct	30020
quarter horse racing shall be allowed to retain the odd cents of	30021
all redistribution to be made on all mutuel contributions	30022
exceeding a sum equal to the next lowest multiple of ten, subject	30023
to a tax of twenty-five per cent on that portion of the total sum	30024
of such odd cents that is in excess of two thousand dollars during	30025
a calendar year, which tax shall be paid at the close of each	30026
racing day by the permit holder to the tax commissioner or the tax	30027
commissioner's agent in the county seat of the county within which	30028
the permit holder operates race meetings. Forty per cent of that	30029
portion of that total sum of such odd cents shall be used by the	30030
permit holder for increased purse money for horse races. The	30031
remaining thirty-five per cent of that portion of that total sum	30032
of odd cents shall be retained by the permit holder.	30033

(J)(1) To encourage the improvement of racing facilities for	30034
the benefit of the public, breeders, and horse owners, and to	30035
increase the revenue to the state from the increase in pari-mutuel	30036
wagering resulting from ~~such~~ those improvements, the taxes paid by	30037
a permit holder to the state as provided for in this chapter shall	30038
be reduced by three-fourths of one per cent of the total amount	30039
wagered for those permit holders who make capital improvements to	30040
existing race tracks or construct new race tracks. The percentage	30041
of the reduction that may be taken each racing day shall equal	30042
seventy-five per cent of the tax levied under divisions (B) and	30043
(C) of this section and section 3769.087 of the Revised Code, and	30044
division (F)(2) of section 3769.26 of the Revised Code, as	30045
applicable, divided by the calculated amount each fund should	30046
receive under divisions (B) and (C) of this section and section	30047
3769.087 of the Revised Code, and division (F)(2) of section	30048
3769.26 of the Revised Code and the reduction provided for in this	30049
division. If the resulting percentage is less than one, that	30050
percentage shall be multiplied by the amount of the reduction	30051
provided for in this division. Otherwise, the permit holder shall	30052
receive the full reduction provided for in this division. The	30053
amount of the allowable reduction not received shall be carried	30054
forward and applied against future tax liability. After any	30055
reductions expire, any reduction carried forward shall be treated	30056
as a reduction as provided for in this division. If	30057

If more than one permit holder is authorized to conduct	30058
racing at the facility that is being built or improved, the cost	30059
of the new race track or capital improvement shall be allocated	30060
between or among all the permit holders in the ratio that the	30061
permit holders' number of racing days bears to the total number of	30062
racing days conducted at the facility. ~~Such~~	30063

A reduction for a new race track or a capital improvement	30064
shall start from the day racing is first conducted following the	30065
date actual construction of the new race track or each capital	30066
improvement is completed and the construction cost has been	30067
~~certified~~ approved by the racing commission, unless otherwise	30068
provided in this section. ~~Such~~ A reduction for a new race track or	30069
a capital improvement shall continue for a period of twenty-five	30070
years for new race tracks and for fifteen years for ~~new~~ capital	30071
improvements if the construction of the capital improvement or new	30072
race track commenced prior to March 29, 1988, and for a period of	30073
ten years for new race tracks or ~~new~~ capital improvements if the	30074
construction of the capital improvement or new race track	30075
commenced on or after March 29, 1988, but before the effective	30076
date of this amendment, or until the total tax reduction reaches	30077
seventy per cent of the approved cost of the new race track or ~~new~~	30078
capital improvement, as allocated to each permit holder, whichever	30079
occurs first. ~~The tax~~ A reduction for a new race track or a	30080
capital improvement approved after the effective date of this	30081
amendment shall continue until the total tax reduction reaches one	30082
hundred per cent of the approved cost of the new race track or	30083
capital improvement, as allocated to each permit holder.	30084

A reduction granted for ~~any~~ a new race track or a capital	30085
improvement, the application for which was approved by the racing	30086
commission after March 29, 1988, but before the effective date of	30087
this amendment, shall not commence nor shall the ten-year period	30088
begin to run until all prior tax reductions with respect to the	30089
same race track have ended. The total tax reduction because of	30090
capital improvements shall not during any one year exceed for all	30091
permit holders using any one track three-fourths of one per cent	30092
of the total amount wagered, regardless of the number of capital	30093
improvements made. Several capital improvements to a race track	30094
may be consolidated in an application if the racing commission	30095
approved the application prior to March 29, 1988. No permit	30096
holder may receive a tax reduction for a capital improvement	30097
approved by the racing commission on or after March 29, 1988, at a	30098
race track until all tax reductions have ended for all prior	30099
capital improvements approved by the racing commission under this	30100
section or section 3769.20 of the Revised Code at that race track.	30101
If there are two or more permit holders operating meetings at the	30102
same track, they may consolidate their applications. The racing	30103
commission shall notify the tax commissioner when the ~~diminution~~	30104
reduction of tax begins and when it ends. ~~Each~~	30105

Each fiscal year the racing commission shall submit a report	30106
to the tax commissioner, the office of budget and management, and	30107
the ~~legislative budget office of the~~ legislative service	30108
commission. The report shall identify each capital improvement	30109
project undertaken under this division and in progress at each	30110
race track, indicate the total cost of each ~~such~~ project, state	30111
the tax reduction that resulted from each ~~such~~ project during the	30112
immediately preceding fiscal year, estimate the tax reduction that	30113
will result from each ~~such~~ project during the current fiscal year,	30114
state the total tax reduction that resulted from all such projects	30115
at all race tracks during the immediately preceding fiscal year,	30116
and estimate the total tax reduction that will result from all	30117
such projects at all race tracks during the current fiscal year.	30118

(2) In order to qualify for the reduction in tax, a permit	30119
holder shall apply to the racing commission in such form as the	30120
commission may require and shall provide full details of the new	30121
~~racing~~ race track or capital improvement, including a schedule for	30122
its construction and completion, and set forth the costs and	30123
expenses incurred in connection ~~therewith~~ with it. The racing	30124
commission shall not approve an application unless the permit	30125
holder shows that a contract for the new race track or capital	30126
improvement has been let under an unrestricted competitive bidding	30127
procedure, unless the contract is exempted by the controlling	30128
board because of its unusual nature. In determining whether to	30129
approve an application, the racing commission shall consider	30130
whether the new race track or capital improvement will promote the	30131
safety, convenience, and comfort of the racing public and horse	30132
owners and generally tend towards the improvement of racing in	30133
this state.	30134

(3) If a new race track or capital improvement is approved	30135
by the racing commission and construction has started, the tax	30136
~~adjustment~~ reduction may be authorized by the commission upon	30137
presentation of copies of paid bills in excess of one hundred	30138
thousand dollars or ten per cent of the approved cost, whichever	30139
is greater. After the initial authorization, the permit holder	30140
shall present copies of paid bills. If the permit holder is in	30141
substantial compliance with the schedule for construction and	30142
completion of the new race track or capital improvement, the	30143
racing commission may authorize the continuation of the tax	30144
~~adjustment~~ reduction upon the presentation of ~~such~~ the additional	30145
paid bills. The total amount of the tax ~~adjustment~~ reduction	30146
authorized shall not exceed ~~seventy per cent~~ the percentage of the	30147
approved cost of the new race track or capital improvement	30148
specified in division (J)(1) of this section. The racing	30149
commission may terminate any tax ~~adjustment~~ reduction immediately	30150
if a permit holder fails to complete the new race track or capital	30151
improvement, or to substantially comply with the schedule for	30152
construction and completion of the new race track or capital	30153
improvement. If a permit holder fails to complete a new race	30154
track or capital improvement, the racing commission shall order	30155
the permit holder to repay to the state the total amount of tax	30156
reduced. The normal tax paid by the permit holder shall be	30157
increased by three-fourths of one per cent of the total amount	30158
wagered until the total amount of the additional tax collected	30159
equals the total amount of tax reduced.	30160

(4) As used in this section~~, "capital~~:

30161

(a) "Capital improvement" means an addition, replacement, or	30162
remodeling of a structural unit of a race track facility costing	30163
at least one hundred thousand dollars, including, but not limited	30164
to, the construction of barns used exclusively for ~~such~~ the race	30165
track facility, backstretch facilities for horsemen, paddock	30166
facilities, new pari-mutuel and totalizator equipment and	30167
appurtenances ~~thereto~~ to that equipment purchased by the track,	30168
new access roads, new parking areas, the complete reconstruction,	30169
reshaping, and leveling of the ~~race track~~ racing surface and	30170
appurtenances, the installation of permanent new heating or air	30171
conditioning, ~~and~~ roof replacement or restoration, installations	30172
of a permanent nature forming a part of the track structure, and	30173
construction of buildings that are located on a permit holder's	30174
premises. "Capital improvement" does not include the cost of	30175
replacement of equipment that is not permanently installed,	30176
ordinary repairs, painting, and maintenance required to keep a	30177
race track facility in ordinary operating condition. ~~"New~~	30178

(b) "New race track" ~~or "new racing track"~~ includes the	30179
reconstruction of a race track damaged by fire or other cause that	30180
has been declared by the racing commission, as a result of the	30181
damage, to be an inadequate facility for the safe operation of	30182
horse racing.	30183

(c) "Approved cost" includes all debt service and interest	30184
costs that are associated with a capital improvement or new race	30185
track and that the racing commission approves for a tax reduction	30186
under division (J) of this section.	30187

(5) The racing commission shall not approve an application	30188
for a tax reduction under this section if it has reasonable cause	30189
to believe that the actions or negligence of the permit holder	30190
substantially contributed to the damage suffered by the track due	30191
to fire or other cause. The racing commission shall obtain any	30192
data or information available from a fire marshal, law enforcement	30193
official, or insurance company concerning any fire or other damage	30194
suffered by a track, prior to approving an application for a tax	30195
reduction.	30196

(6) The approved cost ~~and expenses~~ to which a tax reduction	30197
applies shall be determined by generally accepted accounting	30198
principles and verified by an audit of the permit holder's records	30199
upon completion of the project by the racing commission, or by an	30200
independent certified public accountant selected by the permit	30201
holder and approved by the commission.	30202

~~The tax reductions for capital improvements and new tracks~~	30203
~~provided for in this division apply only to tax reductions~~	30204
~~approved by the state racing commission prior to the effective~~	30205
~~date of this amendment.~~	30206

(K) No other license or excise tax or fee, except as	30207
provided in sections 3769.01 to 3769.14 of the Revised Code, shall	30208
be assessed or collected from such licensee by any county,	30209
township, district, municipal corporation, or other body having	30210
power to assess or collect a tax or fee. That portion of the tax	30211
paid under this section by permit holders for racing conducted at	30212
and during the course of an agricultural exposition or fair, and	30213
that portion of the tax that would have been paid by eligible	30214
permit holders into the PASSPORT fund as a result of racing	30215
conducted at and during the course of an agricultural exposition	30216
or fair, shall be deposited into the state treasury to the credit	30217
of the horse racing tax fund, which is hereby created for the use	30218
of the agricultural societies of the several counties in which the	30219
taxes originate. The state racing commission shall determine	30220
eligible permit holders for purposes of the preceding sentence,	30221
taking into account the breed of horse, the racing dates, the	30222
geographic proximity to the fair, and the best interests of Ohio	30223
racing. On the first day of any month on which there is money in	30224
the fund, the ~~director of budget and management~~ tax commissioner	30225
shall provide for payment to the treasurer of each agricultural	30226
society the amount of the taxes collected under this section upon	30227
racing conducted at and during the course of any exposition or	30228
fair conducted by ~~such~~ the society.	30229

(L) From the tax paid under this section by harness track	30230
permit holders, the tax commissioner shall pay into the Ohio	30231
thoroughbred race fund a sum equal to a percentage of the amount	30232
wagered upon which ~~such~~ the tax is paid. The percentage shall be	30233
determined by the tax commissioner and shall be rounded to the	30234
nearest one-hundredth. The percentage shall be such that, when	30235
multiplied by the amount wagered upon which tax was paid by the	30236
harness track permit holders in the most recent year for which	30237
final figures are available, it results in a sum that	30238
substantially equals the same amount of tax paid by the tax	30239
commissioner during that year into the Ohio fairs fund from taxes	30240
paid by thoroughbred permit holders. This division does not apply	30241
to county and independent fairs and agricultural societies.	30242

(M) Twenty-five per cent of the taxes levied on	30243
~~thoroughbred-racing~~ thoroughbred racing permit holders,	30244
~~harness-racing~~ harness racing permit holders, and quarter horse	30245
racing permit holders under this section, section 3769.087 of the	30246
Revised Code, and division (F)(2) of section 3769.26 of the	30247
Revised Code shall be paid to into the PASSPORT fund. The tax	30248
commissioner shall pay any money remaining, after the payment to	30249
into the PASSPORT fund and the reductions provided for in division	30250
(J) of this section and in section 3769.20 of the Revised Code,	30251
into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio	30252
standardbred development fund, Ohio quarter horse fund, and state	30253
racing commission operating fund as prescribed in this section and	30254
section 3769.087 of the Revised Code~~; except that the state racing~~	30255
~~commission operating fund shall not receive more than two million~~	30256
~~five hundred thousand dollars in any calendar year~~. The tax	30257
commissioner shall thereafter use and apply the balance of the	30258
money paid as a tax by any permit holder to cover any shortage in	30259
the accounts of such funds resulting from an insufficient payment	30260
as a tax by any other permit holder. The moneys received by the	30261
tax commissioner shall be deposited weekly and paid by the tax	30262
commissioner into the funds to cover the total aggregate amount	30263
due from all permit holders to the funds, as calculated under this	30264
section and section 3769.087 of the Revised Code, as applicable.	30265
If, after the payment to into the PASSPORT fund, sufficient funds	30266
are not available from the tax deposited by the tax commissioner	30267
to pay the required ~~amount~~ amounts into the Ohio fairs fund, Ohio	30268
standardbred development fund, Ohio thoroughbred race fund, Ohio	30269
quarter horse fund, and the state racing commission operating	30270
fund, the tax commissioner shall prorate on a proportional basis	30271
the amount paid to each of the funds. Any shortage to the funds	30272
as a result of a proration shall be applied against future	30273
deposits for the same calendar year when funds are available.	30274
After this application, the tax commissioner shall pay any	30275
remaining money paid as a tax by all permit holders into the	30276
PASSPORT fund. ~~If the Ohio fairs fund does not receive two million~~	30277
~~five hundred thousand dollars in calendar year 1997 or 1998, the~~	30278
~~tax commissioner shall pay into the Ohio fairs fund, on a prorated~~	30279
~~basis, money that would have been paid into the Ohio thoroughbred~~	30280
~~race fund, Ohio standardbred development fund, Ohio quarter horse~~	30281
~~development fund, and state racing commission operating fund and~~	30282
~~the portion that was retained by the tracks the previous calendar~~	30283
~~year as a reduction provided for in division (J) of this section~~	30284
~~and section 3769.20 of the Revised Code until the previous year's~~	30285
~~deficiency is met. Each track that has an existing reduction~~	30286
~~shall increase its reduction credit balance by the amount~~	30287
~~determined by the tax commissioner that is needed to meet its~~	30288
~~prorated portion of the Ohio fairs fund deficiency. The credit~~	30289
~~balance increase shall be paid to the tax commissioner as a tax.~~	30290
This division does not apply to permit holders conducting racing	30291
at the course of an agricultural exposition or fair as described	30292
in division (K) of this section.	30293

Sec. 3769.085. There is hereby created in the state treasury	30294
the Ohio standardbred development fund, to consist of moneys paid	30295
into it pursuant to section 3769.08 of the Revised Code and any	30296
fees assessed for or on behalf of the Ohio sires stakes races. All	30297
investment earnings on the cash balance in the fund shall be	30298
credited to the fund. Moneys to the credit of the ~~Ohio~~	30299
~~standardbred development~~ fund shall be distributed on order of the	30300
state racing commission with the approval of the Ohio standardbred	30301
development commission.	30302

The development commission shall consist of three members,	30303
all to be residents of this state knowledgeable in breeding and	30304
racing, to be appointed by the governor with the advice and	30305
consent of the senate. One member shall be a standardbred	30306
breeder, and one shall be a standardbred owner. Of the initial	30307
appointments, one member shall be appointed for a term ending June	30308
30, 1977, and two members shall be appointed for terms ending June	30309
30, 1979. Thereafter, appointments for other than unexpired terms	30310
shall be for four years. Terms shall begin the first day of July	30311
and end the thirtieth day of June. Any member appointed to fill a	30312
vacancy occurring prior to the expiration of the term for which	30313
the member's predecessor was appointed shall hold office for the	30314
remainder of ~~such~~ that term. Any member shall continue in office	30315
subsequent to the expiration date of the member's term until a	30316
successor takes office. Members shall receive no compensation,	30317
except they shall be paid actual and necessary expenses from the	30318
Ohio standardbred development fund. The state racing commission	30319
shall also be reimbursed for actual expense approved by the	30320
development commission. The development commission may elect one	30321
member to serve as secretary.	30322

Upon application not later than the first day of December	30323
from the harness tracks conducting races with pari-mutuel	30324
wagering, other than agricultural expositions and fairs, the	30325
development commission shall, after a hearing and not later than	30326
the twentieth day of January, allocate and approve all available	30327
moneys for colt races for two-year-old and three-year-old colts	30328
and fillies, both trotting and pacing. Separate races for fillies	30329
shall be provided at each age and gait. At least five races and a	30330
championship race shall be scheduled for each of the eight	30331
categories of age, sex, and gait. The allocations shall take into	30332
account the time of year that racing colts is feasible, the equity	30333
and continuity of the proposed dates for racing the events, and	30334
the amounts to be added by the tracks, looking to the maximum	30335
benefit for those participating in the races. Representatives of	30336
the tracks and the Ohio harness horsemens association shall be	30337
given an opportunity to be heard before the allocations are made.	30338
No races shall be contested earlier than the first day of May or	30339
later than the first day of November; all permit holders operating	30340
extended pari-mutuel meetings between ~~such~~ those dates shall be	30341
entitled to at least three races. No funds for a race shall be	30342
allocated to and paid to a permit holder by the development	30343
commission unless the permit holder adds at least twenty-five per	30344
cent to the amount allocated by the development commission, and	30345
not less than five thousand dollars to each race.	30346

Colts and fillies eligible to the races shall be only those	30347
sired by a standardbred stallion that was registered with the	30348
state racing commission and stood in ~~Ohio~~ the state the entire	30349
breeding season of the year the colt or filly was conceived and	30350
fillies foaled before November 1, 1979, that are not so qualified	30351
but wholly owned by a resident or residents of ~~Ohio~~ the state on	30352
the first day of January of the year that such filly would be	30353
eligible to race as a two-year-old and also wholly owned by a	30354
resident or residents of ~~Ohio~~ the state on the date the race is	30355
contested.	30356

If the development commission concludes that sufficient funds	30357
are available to add aged races without reducing purse levels of	30358
the colt and filly races, the development commission may allocate	30359
funds to four-year-old and five-year-old races of each sex and	30360
gait with Ohio eligibility required as set forth in this section.	30361

The state racing commission may allocate an amount not to	30362
exceed five per cent of the total Ohio standardbred development	30363
fund available in any one calendar year to research projects	30364
directed toward improving the breeding, raising, racing, and	30365
health and soundness of horses in the state and toward education	30366
or promotion of the industry.	30367

Sec. 3769.087. (A) In addition to the commission of	30368
eighteen per cent retained by each permit holder as provided in	30369
section 3769.08 of the Revised Code, each permit holder shall	30370
retain an additional amount equal to four per cent of the total of	30371
all moneys wagered on each racing day on all wagering pools other	30372
than win, place, and show, of which amount retained an amount	30373
equal to three per cent of the total of all moneys wagered on each	30374
racing day on ~~such~~ those pools shall be paid by check, draft, or	30375
money order to the tax commissioner, as a tax. Subject to the	30376
restrictions contained in divisions (B), (C), and (M) of section	30377
3769.08 of the Revised Code, from such additional moneys paid to	30378
the tax commissioner:	30379

(1) Four-sixths shall be ~~PASSPORT~~ allocated to fund	30380
distribution as provided in division (M) of section 3769.08 of the	30381
Revised Code;.	30382

(2) One-twelfth shall be paid into the Ohio fairs fund	30383
created by section 3769.082 of the Revised Code;.	30384

(3) One-twelfth of the additional moneys paid to the tax	30385
commissioner by thoroughbred racing permit holders shall be paid	30386
into the Ohio thoroughbred race fund created by section 3769.083	30387
of the Revised Code;.	30388

(4) One-twelfth of the additional moneys paid to the tax	30389
commissioner by harness horse racing permit holders shall be paid	30390
to the Ohio standardbred development fund created by section	30391
3769.085 of the Revised Code;.	30392

(5) One-twelfth of the additional moneys paid to the tax	30393
commissioner by quarter horse racing permit holders shall be paid	30394
to the Ohio quarter horse development fund created by section	30395
3769.086 of the Revised Code;.	30396

(6) One-sixth shall be paid into the state racing commission	30397
operating fund created by section 3769.03 of the Revised Code.	30398

The remaining one per cent that is retained of the total of	30399
all moneys wagered on each racing day on all pools other than win,	30400
place, and show, shall be retained by racing permit holders, and,	30401
except as otherwise provided in section 3769.089 of the Revised	30402
Code, racing permit holders shall use one-half for purse money and	30403
retain one-half.	30404

(B) In addition to the commission of eighteen per cent	30405
retained by each permit holder as provided in section 3769.08 of	30406
the Revised Code and the additional amount retained by each permit	30407
holder as provided in division (A) of this section, each permit	30408
holder ~~may~~ shall retain~~, upon notification to the state racing~~	30409
~~commission,~~ an additional amount equal to ~~not less than two~~	30410
one-half of one per cent ~~but not more than three per cent~~ of the	30411
total of all moneys wagered on each racing day on all wagering	30412
pools ~~designated by the permit holder that require three or more~~	30413
~~runner selections to complete the wager. If a permit holder~~	30414
~~retains an additional amount under this division that equals or~~	30415
~~exceeds two per cent of the total of all moneys wagered on a~~	30416
~~racing day on the wagering pools designated under this division,~~	30417
~~the permit holder shall pay by check, draft, or money order to the~~	30418
~~tax commissioner, as a tax, an amount equal to two per cent of the~~	30419
~~total of all moneys wagered on that racing day on those designated~~	30420
~~wagering pools. The tax commissioner shall deposit the amount of~~	30421
~~the tax received under this division in the PASSPORT fund. Any~~	30422
~~amount that is retained but not paid under this division to the~~	30423
~~tax commissioner as a tax~~ other than win, place, and show. From	30424
the additional amount retained under this division, each permit	30425
holder shall retain an amount equal to one-quarter of one per cent	30426
of the total of all moneys wagered on each racing day on all pools	30427
other than win, place, and show and shall pay that amount by	30428
check, draft, or money order to the tax commissioner, as a tax.	30429
The tax commissioner shall pay the amount of the tax received	30430
under this division to the state racing commission operating fund	30431
created by section 3769.03 of the Revised Code.	30432

The remaining one-quarter of one per cent that is retained	30433
from the total of all moneys wagered on each racing day on all	30434
pools other than win, place, and show shall be retained by the	30435
permit holder, and the permit holder shall use one-half for purse	30436
money and retain one-half.	30437

Sec. 3769.20. (A) To encourage the renovation of existing	30438
racing facilities for the benefit of the public, breeders, and	30439
horse owners and to increase the revenue to the state from the	30440
increase in pari-mutuel wagering resulting from such improvement,	30441
the taxes paid by a permit holder to the state, in excess of the	30442
amount paid to into the PASSPORT fund, shall be reduced by one per	30443
cent of the total amount wagered for those permit holders who	30444
carry out a major capital improvement project. The percentage of	30445
the reduction that may be taken each racing day shall equal	30446
seventy-five per cent of the amount of the tax levied under	30447
divisions (B) and (C) of section 3769.08, section 3769.087, and	30448
division (F)(2) of section 3769.26 of the Revised Code, as	30449
applicable, divided by the calculated amount each fund should	30450
receive under divisions (B) and (C) of section 3769.08, section	30451
3769.087, and division (F)(2) of section 3769.26 of the Revised	30452
Code and the reduction provided for in this section. If the	30453
resulting percentage is less than one, that percentage shall be	30454
multiplied by the amount of the reduction provided for in this	30455
section. Otherwise, the permit holder shall receive the full	30456
reduction provided for in this section. The amount of the	30457
allowable reduction not received shall be carried forward and	30458
added to any other reduction balance and applied against future	30459
tax liability. After any reductions expire, any reduction carried	30460
forward shall be treated as a reduction as provided for in this	30461
section. If the amount of allowable ~~abatement~~ reduction exceeds	30462
the amount of taxes derived from a permit holder, the amount of	30463
the allowable ~~abatement~~ reduction not used may be carried forward	30464
and applied against future tax liability. If	30465

If more than one permit holder is authorized to conduct	30466
racing at the facility that is being improved, the cost of the	30467
major capital improvement project shall be allocated between or	30468
among all the permit holders in the ratio that each permit	30469
holder's number of racing days bears to the total number of racing	30470
days conducted at the facility. ~~Such~~	30471

A reduction for a major capital improvement project shall	30472
start from the day racing is first conducted following the date on	30473
which the major capital improvement project is completed and the	30474
construction cost has been ~~certified~~ approved by the state racing	30475
commission, except as otherwise provided in division (E) of this	30476
section, and shall continue until the total tax reduction equals	30477
the cost of the major capital improvement project plus debt	30478
service applicable to the project. In no event, however, shall	30479
any tax reduction, excluding any reduction balances, be permitted	30480
under this section after December 31, 2014. The total tax	30481
reduction because of the major capital improvement project shall	30482
not during any one year exceed for all permit holders using any	30483
one track, one per cent of the total amount wagered. The racing	30484
commission shall notify the tax commissioner when the ~~diminution~~	30485
reduction of tax begins and when it ends.	30486

(B) Each fiscal year, the racing commission shall submit a	30487
report to the tax commissioner, the office of budget and	30488
management, and the ~~legislative budget office of the~~ legislative	30489
service commission. The report shall identify each capital	30490
improvement project undertaken under this section and in progress	30491
at each race track, indicate the total cost of each ~~such~~ project,	30492
state the tax reduction that resulted from each ~~such~~ project	30493
during the immediately preceding fiscal year, estimate the tax	30494
reduction that will result from each ~~such~~ project during the	30495
current fiscal year, state the total tax reduction that resulted	30496
from all such projects at all race tracks during the immediately	30497
preceding fiscal year, and estimate the total tax reduction that	30498
will result from all such projects at all race tracks during the	30499
current fiscal year.	30500

(C) The tax reduction granted pursuant to this section shall	30501
be in addition to any tax reductions for capital improvements and	30502
new race tracks provided for in section 3769.08 of the Revised	30503
Code and approved by the racing commission ~~prior to March 29,~~	30504
~~1988~~.	30505

(D) In order to qualify for the reduction in tax, a permit	30506
holder shall apply to the racing commission in such form as the	30507
commission may require and shall provide full details of the major	30508
capital improvement project, including plans and specifications, a	30509
schedule for the project's construction and completion, and a	30510
breakdown of proposed costs. In addition, the permit holder shall	30511
have commenced construction of the major capital improvement	30512
project or shall have had the application for the project approved	30513
by the racing commission prior to March 29, 1988. The racing	30514
commission shall not approve an application unless the permit	30515
holder shows that a contract for the major capital improvement	30516
project has been let under an unrestricted competitive bidding	30517
procedure, unless the contract is exempted by the controlling	30518
board because of its unusual nature. In determining whether to	30519
approve an application, the racing commission shall consider	30520
whether the major capital improvement project will promote the	30521
safety, convenience, and comfort of the racing public and horse	30522
owners and generally tend toward the improvement of racing in this	30523
state.	30524

(E) If the major capital improvement project is approved by	30525
the racing commission and construction has started, the tax	30526
~~adjustment~~ reduction may be authorized by the commission upon	30527
presentation of copies of paid bills in excess of five hundred	30528
thousand dollars. After the initial authorization, the permit	30529
holder shall present copies of paid bills in the amount of not	30530
less than five hundred thousand dollars. If the permit holder is	30531
in substantial compliance with the schedule for construction and	30532
completion of the major capital improvement project, the racing	30533
commission may authorize the continuance of the tax ~~adjustment~~	30534
reduction upon the presentation of ~~such~~ the additional paid bills	30535
in increments of five hundred thousand dollars. The racing	30536
commission may terminate the tax ~~adjustment~~ reduction if a permit	30537
holder fails to complete the major capital improvement project or	30538
fails to comply substantially with the schedule for construction	30539
and completion of the major capital improvement project. If the	30540
time for completion of the major capital improvement project is	30541
delayed by acts of God, strikes, or the unavailability of labor or	30542
materials, the time for completion as set forth in the schedule	30543
shall be extended by the period of the delay. If a permit holder	30544
fails to complete the major capital improvement project, the	30545
racing commission shall order the permit holder to repay to the	30546
state the total amount of tax reduced, unless the permit holder	30547
has spent at least six million dollars on the project. The normal	30548
tax paid by the permit holder under section 3769.08 of the Revised	30549
Code shall be increased by one per cent of the total amount	30550
wagered until the total amount of the additional tax collected	30551
equals the total amount of tax reduced. Any action taken by the	30552
racing commission pursuant to this section in terminating the tax	30553
adjustment or requiring repayment of the amount of tax reduced	30554
shall be subject to Chapter 119. of the Revised Code.	30555

(F) As used in this section, "major capital improvement	30556
project" means the renovation, reconstruction, or remodeling,	30557
costing at least six million dollars, of a race track facility,	30558
including, but not limited to, the construction of barns used	30559
exclusively for that race track facility, backstretch facilities	30560
for horsemen, paddock facilities, pari-mutuel and totalizator	30561
equipment and appurtenances to that equipment purchased by the	30562
track, new access roads, new parking areas, the complete	30563
reconstruction, reshaping, and leveling of the ~~race track~~ racing	30564
surface and appurtenances, grandstand enclosure, installation of	30565
permanent new heating or air conditioning, roof replacement, and	30566
installations of a permanent nature forming a part of the track	30567
structure.	30568

(G) The cost and expenses to which the tax reduction granted	30569
under this section applies shall be determined by generally	30570
accepted accounting principles and be verified by an audit of the	30571
permit holder's records, upon completion of the major capital	30572
improvement project, either by the racing commission or by an	30573
independent certified public accountant selected by the permit	30574
holder and approved by the commission.	30575

(H) This section and section 3769.201 of the Revised Code	30576
govern any tax reduction granted to a permit holder for the cost	30577
to the permit holder of any cleanup, repair, or improvement	30578
required as a result of damage caused by the 1997 Ohio river flood	30579
to the place, track, or enclosure for which the permit is issued.	30580

Sec. 3770.06. (A) There is hereby created the state lottery	30581
gross revenue fund, which shall be in the custody of the treasurer	30582
of state but shall not be part of the state treasury. All gross	30583
revenues received from sales of lottery tickets, fines, fees, and	30584
related proceeds shall be deposited into the fund. The treasurer	30585
of state shall invest any portion of the fund not needed for	30586
immediate use in the same manner as, and subject to all provisions	30587
of law with respect to the investment of, state funds. The	30588
treasurer of state shall disburse money from the fund on order of	30589
the director of the state lottery commission or the director's	30590
designee. All revenues of the state lottery gross revenue fund	30591
that are not paid to holders of winning lottery tickets, that are	30592
not required to meet short-term prize liabilities, that are not	30593
paid to lottery sales agents in the form of ~~agent~~ bonuses,	30594
commissions, or reimbursements, and that are not paid to financial	30595
institutions to reimburse ~~such~~ those institutions for sales agent	30596
nonsufficient funds shall be transferred to the state lottery	30597
fund, which is hereby created in the state treasury. All	30598
investment earnings of the fund shall be credited to the fund.	30599
Moneys shall be disbursed from the ~~state lottery~~ fund pursuant to	30600
vouchers approved by the director ~~of the state lottery commission~~.	30601
Total disbursements for monetary prize awards to holders of	30602
winning lottery tickets and purchases of goods and services	30603
awarded as prizes to holders of winning lottery tickets shall be	30604
of an amount equal to at least fifty per cent of the total revenue	30605
accruing from the sale of lottery tickets.	30606

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	30607
there is hereby established in the state treasury the lottery	30608
profits education fund. Whenever, in the judgment of the director	30609
of budget and management, the amount to the credit of the state	30610
lottery fund is in excess of that needed to meet the maturing	30611
obligations of the commission and as working capital for its	30612
further operations, the director shall transfer the excess to the	30613
lottery profits education fund~~, provided that the amount to be~~	30614
~~transferred into the lottery profits education fund shall equal no~~	30615
~~less than thirty per cent of the total revenue accruing from the~~	30616
~~sale of lottery tickets~~. Investment earnings of the lottery	30617
profits education fund shall be credited to the fund. There shall	30618
also be credited to the fund any repayments of moneys loaned from	30619
the educational excellence investment fund. The lottery profits	30620
education fund shall be used solely for the support of elementary,	30621
secondary, vocational, and special education programs as	30622
determined in appropriations made by the general assembly, or as	30623
provided in applicable bond proceedings for the payment of debt	30624
service on obligations issued to pay costs of capital facilities,	30625
including those for a system of common schools throughout the	30626
state pursuant to section 2n of Article VIII, Ohio Constitution.	30627
When determining the availability of money in the lottery profits	30628
education fund, the director of budget and management may consider	30629
all balances and estimated revenues of the fund.	30630

From the amounts that the director of budget and management	30631
transfers in any fiscal year from the state lottery fund to the	30632
lottery profits education fund, the director shall transfer the	30633
initial ten million dollars of ~~such~~ those amounts from the lottery	30634
profits education fund to the school building program bond service	30635
fund created in division (Q) of section 3318.26 of the Revised	30636
Code to be pledged for the purpose of paying bond service charges	30637
as defined in division (C) of section 3318.21 of the Revised Code	30638
on one or more issuances of obligations, which obligations are	30639
issued to provide moneys for the school building program	30640
assistance fund created in section 3318.25 of the Revised Code.	30641

(C) There is hereby established in the state treasury the	30642
deferred prizes trust fund. With the approval of the director of	30643
budget and management, an amount sufficient to fund annuity prizes	30644
shall be transferred from the state lottery fund and credited to	30645
the trust fund. The treasurer of state shall credit all earnings	30646
arising from investments purchased under this division to the	30647
fund. Within sixty days after the end of each fiscal year, the	30648
director of budget and management shall certify the amount of	30649
investment earnings necessary to have been credited to the trust	30650
fund during the fiscal year just ending to provide for continued	30651
funding of deferred prizes. Any earnings credited in excess of	30652
this certified amount shall be transferred to the lottery profits	30653
education fund. To provide all or a part of the amounts necessary	30654
to fund deferred prizes awarded by the commission, the treasurer	30655
of state, in consultation with the commission, may invest moneys	30656
contained in the deferred prizes trust fund in obligations of the	30657
type permitted for the investment of state funds but whose	30658
maturities are thirty years or less. Investments of the deferred	30659
prizes trust fund are not subject to the provisions of division	30660
(A)(10) of section 135.143 of the Revised Code limiting to five	30661
per cent the amount of the state's total average portfolio that	30662
may be invested in debt interests and limiting to one-half of one	30663
per cent the amount that may be invested in debt interests of a	30664
single issuer.	30665

All purchases made under this division shall be effected on a	30666
delivery versus payment method and shall be in the custody of the	30667
treasurer of state.	30668

The treasurer of state may retain an investment advisor, if	30669
necessary. The commission shall pay any costs incurred by the	30670
treasurer of state in retaining an investment advisor.	30671

(D) The auditor of state shall conduct annual audits of all	30672
funds and ~~such~~ any other audits as the auditor of state or the	30673
general assembly considers necessary. The auditor of state may	30674
examine all records, files, and other documents of the commission,	30675
and ~~such~~ records of lottery sales agents as that pertain to their	30676
activities as agents, for purposes of conducting authorized	30677
audits.	30678

The state lottery commission shall establish an internal	30679
audit program before the beginning of each fiscal year, subject to	30680
the approval of the auditor of state. At the end of each fiscal	30681
year, the commission shall prepare and submit an annual report to	30682
the auditor of state for the auditor of state's review and	30683
approval, specifying the internal audit work completed by the end	30684
of that fiscal year and reporting on compliance with the annual	30685
internal audit program. The form and content of the report shall	30686
be prescribed by the auditor of state under division (C) of	30687
section 117.20 of the Revised Code.	30688

(E) Whenever, in the judgment of the director of budget and	30689
management, an amount of net state lottery proceeds is necessary	30690
to be applied to the payment of debt service on obligations, all	30691
as defined in sections 151.01 and 151.03 of the Revised Code, the	30692
director shall transfer that amount directly from the state	30693
lottery fund or from the lottery profits education fund to the	30694
bond service fund defined in those sections. The provisions of	30695
this division ~~(E) of this section~~ are subject to any prior pledges	30696
or obligation of those amounts to the payment of bond service	30697
charges as defined in division (C) of section 3318.21 of the	30698
Revised Code, as referred to in division (B) of this section.	30699

Sec. 3773.56. The Ohio athletic commission may appoint an	30700
executive director and employ such persons as are necessary to	30701
administer sections 3773.31 to 3773.57 and Chapter 4771. of the	30702
Revised Code and fix their compensation. Such executive director	30703
and employees shall serve in the unclassified status and at the	30704
pleasure of the commission.	30705

All receipts received by the commission under sections	30706
3773.31 to 3773.57 ~~and Chapter 4771.~~ of the Revised Code shall be	30707
deposited in the occupational licensing and regulatory fund. All	30708
vouchers of the commission shall be approved by the chairperson of	30709
the commission.	30710

Sec. 3793.04. The department of alcohol and drug addiction	30711
services shall develop, administer, and revise as necessary a	30712
comprehensive statewide alcohol and drug addiction services plan	30713
for the implementation of this chapter. The plan shall emphasize	30714
abstinence from the use of alcohol and drugs of abuse as the	30715
primary goal of alcohol and drug addiction services. The council	30716
on alcohol and drug addiction services shall advise the department	30717
in the development and implementation of the plan.	30718

The plan shall provide for the allocation of state and	30719
federal funds for service furnished by alcohol and drug addiction	30720
programs under contract with boards of alcohol, drug addiction,	30721
and mental health services and for distribution of the funds to	30722
such boards. The plan shall specify the methodology that the	30723
department will use for determining how funds will be allocated	30724
and distributed. A portion of the funds shall be allocated on the	30725
basis of the ratio of the population of each alcohol, drug	30726
addiction, and mental health service district to the total	30727
population of the state as. The portion of the funds allocated on	30728
that basis for a fiscal year shall be not less than the average of	30729
the amount that was allocated on that basis the three previous	30730
fiscal years. The ratio shall be determined from the most recent	30731
federal census or the most recent official estimate made by the	30732
United States census bureau, whichever is more recent.	30733

The plan shall ensure that alcohol and drug addiction	30734
services of a high quality are accessible to, and responsive to	30735
the needs of, all persons, especially those who are members of	30736
underserved groups, including, but not limited to, African	30737
Americans, Hispanics, native Americans, Asians, juvenile and adult	30738
offenders, women, and persons with special services needs due to	30739
age or disability. The plan shall include a program to promote	30740
and protect the rights of those who receive services.	30741

To aid in formulating the plan and in evaluating the	30742
effectiveness and results of alcohol and drug addiction services,	30743
the department, in consultation with the department of mental	30744
health, shall establish and maintain an information system. The	30745
department of alcohol and drug addiction services shall specify	30746
the information that must be provided by boards of alcohol, drug	30747
addiction, and mental health services and by alcohol and drug	30748
addiction programs for inclusion in the system. The department	30749
shall not collect any information for the purpose of identifying	30750
by name any person who receives a service through a board, except	30751
as required by the state or federal law to validate appropriate	30752
reimbursement.	30753

In consultation with boards, programs, and persons receiving	30754
services, the department shall establish guidelines for the use of	30755
state and federal funds and for the boards' development of plans	30756
for services required by sections 340.033 and 3793.05 of the	30757
Revised Code.	30758

In any fiscal year, the department shall spend, or allocate	30759
to boards, for methadone maintenance programs or any similar	30760
programs not more than eight per cent of the total amount	30761
appropriated to the department for the fiscal year.	30762

Sec. 3902.23. Beginning one hundred eighty days after rules	30763
adopted under section 3902.22 of the Revised Code take effect, no	30764
third-party payer shall fail to use the standard claim form and	30765
proof of loss prescribed in those rules~~, except as provided in~~	30766
~~section 3729.15 of the Revised Code~~.	30767

Sec. 3923.28. (A) Every policy of group sickness and	30768
accident insurance providing hospital, surgical, or medical	30769
expense coverage for other than specific diseases or accidents	30770
only, and delivered, issued for delivery, or renewed in this state	30771
on or after January 1, 1979, and that provides coverage for mental	30772
or emotional disorders, shall provide benefits for services on an	30773
outpatient basis for each eligible person under the policy who	30774
resides in this state for mental or emotional disorders, or for	30775
evaluations, that are at least equal to five hundred fifty dollars	30776
in any calendar year or twelve-month period. The services shall	30777
be legally performed by or under the clinical supervision of a	30778
licensed physician or licensed psychologist, whether performed in	30779
an office, in a hospital, or in a community mental health facility	30780
so long as the hospital or community mental health facility is	30781
approved by the joint commission on accreditation of healthcare	30782
organizations, the council on accreditation for children and	30783
family services, the rehabilitation accreditation commission, or,	30784
until two years after the effective date of this amendment,	30785
certified by the department of mental health as being in	30786
compliance with standards established under division ~~(I)~~(H) of	30787
section 5119.01 of the Revised Code.	30788

(B) ~~For purposes of this section "community mental health~~	30789
~~facility" means a facility approved by a regional health planning~~	30790
~~agency or a facility providing services under a board of alcohol,~~	30791
~~drug addiction, and mental health services established under~~	30792
~~Chapter 340. of the Revised Code, except that where a board~~	30793
~~provides direct community mental health service, the approval of~~	30794
~~such a board, as to the adequacy of a specific program of such~~	30795
~~services that it provides as a community mental health facility~~	30796
~~shall be by the director of mental health.~~	30797

~~(C)~~ Outpatient benefits offered under division (A) of this	30798
section shall be subject to reasonable contract limitations and	30799
may be subject to reasonable deductibles and co-insurance costs.	30800
Persons entitled to such benefit under more than one service or	30801
insurance contract may be limited to a single	30802
five-hundred-fifty-dollar outpatient benefit for services under	30803
all contracts.	30804

~~(D)~~(C) In order to qualify for participation under division	30805
(A) of this section, every facility specified in such division	30806
shall have in effect a plan for utilization review and a plan for	30807
peer review and every person specified in such division shall have	30808
in effect a plan for peer review. Such plans shall have the	30809
purpose of ensuring high quality patient care and effective and	30810
efficient utilization of available health facilities and services.	30811

~~(E)~~(D) Nothing in this section shall be construed to require	30812
an insurer to pay benefits which are greater than usual,	30813
customary, and reasonable.	30814

~~(F)~~(E)(1) Services performed under the clinical supervision	30815
of a licensed physician or licensed psychologist, in order to be	30816
reimbursable under the coverage required in division (A) of this	30817
section, shall meet both of the following requirements:	30818

(a) The services shall be performed in accordance with a	30819
treatment plan that describes the expected duration, frequency,	30820
and type of services to be performed;	30821

(b) The plan shall be reviewed and approved by a licensed	30822
physician or licensed psychologist every three months.	30823

(2) Payment of benefits for services reimbursable under	30824
division ~~(F)~~(E)(1) of this section shall not be restricted to	30825
services described in the treatment plan or conditioned upon	30826
standards of clinical supervision that are more restrictive than	30827
standards of a licensed physician or licensed psychologist, which	30828
at least equal the requirements of division ~~(F)~~(E)(1) of this	30829
section.	30830

Sec. 3923.29. (A) Every policy of group sickness and	30831
accident insurance providing hospital, surgical, or medical	30832
expense coverage for other than specific diseases or accidents	30833
only, and delivered, issued for delivery, or renewed in this state	30834
on or after January 1, 1979, shall provide for each eligible	30835
person under the policy who resides in this state, outpatient,	30836
inpatient, and intermediate primary care benefits for alcoholism	30837
that are at least equal to five hundred fifty dollars in any	30838
calendar year or twelve month period. The services shall be	30839
legally performed by or under the clinical supervision of a	30840
licensed physician or a licensed psychologist, whether performed	30841
in an office, in a hospital, in a community mental health	30842
facility, or in an alcoholism treatment facility so long as the	30843
hospital, community mental health facility, or alcoholism	30844
treatment facility is approved by the joint commission on	30845
accreditation of hospitals or certified by the department of	30846
health.	30847

(B) ~~For purposes of this section "community mental health~~	30848
~~facility" means a facility as defined in section 3923.28 of the~~	30849
~~Revised Code.~~	30850

~~(C)~~ The benefits mandated by division (A) of this section	30851
shall be subject to reasonable contract limitations and may be	30852
subject to reasonable deductibles and co-insurance costs. Persons	30853
entitled to such benefit under more than one service or insurance	30854
contract may be limited to a single five hundred fifty dollar	30855
benefit for services under all contracts.	30856

~~(D)~~(C) For an eligible person, who receives treatment for	30857
alcoholism from an approved or certified alcoholism treatment	30858
facility, to remain entitled to the benefits mandated by division	30859
(A) of this section, a licensed physician or a licensed	30860
psychologist shall every three months certify that such person	30861
needs to continue utilizing such treatment.	30862

~~(E)~~(D) In order to qualify for participation under division	30863
(A) of this section, every facility specified in such division	30864
shall have in effect a plan for utilization review and a plan for	30865
peer review and every person specified in such division shall have	30866
in effect a plan for peer review. Such plans shall have the	30867
purpose of ensuring high quality patient care and effective and	30868
efficient utilization of available health facilities and services.	30869
Such person or facility shall also have in effect a program of	30870
rehabilitation or a program of rehabilitation and detoxification.	30871

~~(F)~~(E) Nothing in this section shall be construed to require	30872
an insurer to pay benefits which are greater than usual,	30873
customary, and reasonable.	30874

Sec. 3923.30. Every person, the state and any of its	30875
instrumentalities, any county, township, school district, or other	30876
political subdivisions and any of its instrumentalities, and any	30877
municipal corporation and any of its instrumentalities, which	30878
provides payment for health care benefits for any of its employees	30879
resident in this state, which benefits are not provided by	30880
contract with an insurer qualified to provide sickness and	30881
accident insurance, or a health insuring corporation, shall	30882
include the following benefits in its plan of health care benefits	30883
commencing on or after January 1, 1979:	30884

(A) If such plan of health care benefits provides payment	30885
for the treatment of mental or nervous disorders, then such plan	30886
shall provide benefits for services on an outpatient basis for	30887
each eligible employee and dependent for mental or emotional	30888
disorders, or for evaluations, that are at least equal to the	30889
following:	30890

(1) Payments not less than five hundred fifty dollars in a	30891
twelve-month period, for services legally performed by or under	30892
the clinical supervision of a licensed physician or a licensed	30893
psychologist, whether performed in an office, in a hospital, or in	30894
a community mental health facility so long as the hospital or	30895
community mental health facility is approved by the joint	30896
commission on accreditation of ~~hospitals~~ healthcare organizations,	30897
the council on accreditation for children and family services, the	30898
rehabilitation accreditation commission, or, until two years after	30899
the effective date of this amendment, certified by the department	30900
of mental health as being in compliance with standards established	30901
under division ~~(I)~~(H) of section 5119.01 of the Revised Code;	30902

(2) Such benefit shall be subject to reasonable limitations,	30903
and may be subject to reasonable deductibles and co-insurance	30904
costs.	30905

(3) In order to qualify for participation under this	30906
division, every facility specified in this division shall have in	30907
effect a plan for utilization review and a plan for peer review	30908
and every person specified in this division shall have in effect a	30909
plan for peer review. Such plans shall have the purpose of	30910
ensuring high quality patient care and effective and efficient	30911
utilization of available health facilities and services.	30912

(4) Such payment for benefits shall not be greater than	30913
usual, customary, and reasonable.	30914

(5) ~~For purposes of this division, "community mental health~~	30915
~~facility" means a facility as defined in section 3923.28 of the~~	30916
~~Revised Code.~~	30917

~~(6)~~(a) Services performed under the clinical supervision of	30918
a licensed physician or licensed psychologist, in order to be	30919
reimbursable under the coverage required in division (A) of this	30920
section, shall meet both of the following requirements:	30921

(i) The services shall be performed in accordance with a	30922
treatment plan that describes the expected duration, frequency,	30923
and type of services to be performed;	30924

(ii) The plan shall be reviewed and approved by a licensed	30925
physician or licensed psychologist every three months.	30926

(b) Payment of benefits for services reimbursable under	30927
division (A)~~(6)~~(5)(a) of the section shall not be restricted to	30928
services described in the treatment plan or conditioned upon	30929
standards of a licensed physician or licensed psychologist, which	30930
at least equal the requirements of division (A)~~(6)~~(5)(a) of this	30931
section.	30932

(B) Payment for benefits for alcoholism treatment for	30933
outpatient, inpatient, and intermediate primary care for each	30934
eligible employee and dependent that are at least equal to the	30935
following:	30936

(1) Payments not less than five hundred fifty dollars in a	30937
twelve-month period for services legally performed by or under the	30938
clinical supervision of a licensed physician or licensed	30939
psychologist, whether performed in an office, or in a hospital or	30940
a community mental health facility or alcoholism treatment	30941
facility so long as the hospital, community mental health	30942
facility, or alcoholism treatment facility is approved by the	30943
joint commission on accreditation of hospitals or certified by the	30944
department of health;	30945

(2) The benefits provided under this division shall be	30946
subject to reasonable limitations and may be subject to reasonable	30947
deductibles and co-insurance costs.	30948

(3) A licensed physician or licensed psychologist shall	30949
every three months certify a patient's need for continued services	30950
performed by such facilities.	30951

(4) In order to qualify for participation under this	30952
division, every facility specified in this division shall have in	30953
effect a plan for utilization review and a plan for peer review	30954
and every person specified in this division shall have in effect a	30955
plan for peer review. Such plans shall have the purpose of	30956
ensuring high quality patient care and efficient utilization of	30957
available health facilities and services. Such person or	30958
facilities shall also have in effect a program of rehabilitation	30959
or a program of rehabilitation and detoxification.	30960

(5) Nothing in this section shall be construed to require	30961
reimbursement for benefits which is greater than usual, customary,	30962
and reasonable.	30963

Sec. 4105.17. (A) The fee for any inspection, or attempted	30964
inspection that, due to no fault of a general inspector or the	30965
division of industrial compliance, is not successfully completed,	30966
by a general inspector of an elevator required to be inspected	30967
under this chapter is thirty dollars plus five dollars for each	30968
floor where the elevator stops. The superintendent of the	30969
division of industrial compliance may assess a fee of ~~thirty~~ one	30970
hundred twenty-five dollars plus five dollars for each floor where	30971
an elevator stops for the reinspection of an elevator when a	30972
previous attempt to inspect that elevator has been unsuccessful	30973
through no fault of a general inspector or the division of	30974
industrial compliance. The fee for issuing or renewing a	30975
certificate of operation under section 4105.15 of the Revised Code	30976
is thirty-five dollars.	30977

(B) All other fees to be charged for any examination given	30978
or other service performed by the division of industrial	30979
compliance pursuant to this chapter shall be prescribed by the	30980
board of building standards established by section 3781.07 of the	30981
Revised Code. The fees shall be reasonably related to the costs	30982
of such examination or other service.	30983

(C) The board of building standards, subject to the approval	30984
of the controlling board, may establish fees in excess of the fees	30985
provided in division (A) of this section, provided that the fees	30986
do not exceed the amounts established in division (A) of this	30987
section by more than fifty per cent. Any moneys collected under	30988
this section shall be paid into the state treasury to the credit	30989
of the industrial compliance operating fund created in section	30990
121.084 of the Revised Code.	30991

(D) Any person who fails to pay an inspection fee required	30992
for any inspection conducted by the division pursuant to this	30993
chapter within forty-five days after the inspection is conducted	30994
shall pay a late payment fee equal to twenty-five per cent of the	30995
inspection fee.	30996

(E) In addition to the fee assessed in division (A) of this	30997
section, the board of building standards shall assess a fee of	30998
three dollars and twenty-five cents for each certificate of	30999
operation or renewal thereof issued under division (A) of this	31000
section and for each permit issued under section 4105.16 of the	31001
Revised Code. The board shall adopt rules, in accordance with	31002
Chapter 119. of the Revised Code, specifying the manner by which	31003
the superintendent of the division of industrial compliance shall	31004
collect and remit to the board the fees assessed under this	31005
division and requiring that remittance of the fees be made at	31006
least quarterly.	31007

Sec. 4115.10. (A) No person, firm, corporation, or public	31008
authority that constructs a public improvement with its own	31009
forces, the total overall project cost of which is fairly	31010
estimated to be more than the amounts set forth in division (B)(1)	31011
or (2) of section 4115.03 of the Revised Code, adjusted biennially	31012
by the director of commerce pursuant to section 4115.034 of the	31013
Revised Code, shall violate the wage provisions of sections	31014
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	31015
require any employee to work for less than the rate of wages so	31016
fixed, or violate the provisions of section 4115.07 of the Revised	31017
Code. Any employee upon any public improvement, except an	31018
employee to whom or on behalf of whom restitution is made pursuant	31019
to division (C) of section 4115.13 of the Revised Code, who is	31020
paid less than the fixed rate of wages applicable thereto may	31021
recover from such person, firm, corporation, or public authority	31022
that constructs a public improvement with its own forces the	31023
difference between the fixed rate of wages and the amount paid to	31024
the employee and in addition thereto a sum equal to twenty-five	31025
per cent of that difference. The person, firm, corporation, or	31026
public authority who fails to pay the rate of wages so fixed also	31027
shall pay a penalty to the director of seventy-five per cent of	31028
the difference between the fixed rate of wages and the amount paid	31029
to the employees on the public improvement. The director shall	31030
deposit all moneys received from penalties paid to the director	31031
pursuant to this section into the penalty enforcement fund, which	31032
is hereby created~~. The penalty enforcement fund shall be~~ in ~~the~~	31033
~~custody of the treasurer of state but shall not be part of~~ the	31034
state treasury. The director shall use the fund for the	31035
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	31036
The employee may file suit for recovery within sixty days of the	31037
director's determination of a violation of sections 4115.03 to	31038
4115.16 of the Revised Code or is barred from further action under	31039
this division. Where the employee prevails in a suit, the	31040
employer shall pay the costs and reasonable attorney's fees	31041
allowed by the court.	31042

(B) Any employee upon any public improvement who is paid	31043
less than the prevailing rate of wages applicable thereto may file	31044
a complaint in writing with the director upon a form furnished by	31045
the director. At the written request of any employee paid less	31046
than the prevailing rate of wages applicable, the director shall	31047
take an assignment of a claim in trust for the assigning employee	31048
and bring any legal action necessary to collect the claim. The	31049
employer shall pay the costs and reasonable attorney's fees	31050
allowed by the court if the employer is found in violation of	31051
sections 4115.03 to 4115.16 of the Revised Code.	31052

(C) If after investigation pursuant to section 4115.13 of	31053
the Revised Code, the director determines there is a violation of	31054
sections 4115.03 to 4115.16 of the Revised Code and a period of	31055
sixty days has elapsed from the date of the determination, and if:	31056

(1) No employee has brought suit pursuant to division (A) of	31057
this section;	31058

(2) No employee has requested that the director take an	31059
assignment of a wage claim pursuant to division (B) of this	31060
section;	31061

The director shall bring any legal action necessary to	31062
collect any amounts owed to employees and the ~~bureau~~ director. The	31063
director shall pay over to the affected employees the amounts	31064
collected to which the affected employees are entitled under	31065
division (A) of this section. In any action in which the director	31066
prevails, the employer shall pay the costs and reasonable	31067
attorney's fees allowed by the court.	31068

(D) Where persons are employed and their rate of wages has	31069
been determined as provided in section 4115.04 of the Revised	31070
Code, no person, either for self or any other person, shall	31071
request, demand, or receive, either before or after the person is	31072
engaged, that the person so engaged pay back, return, donate,	31073
contribute, or give any part or all of the person's wages, salary,	31074
or thing of value, to any person, upon the statement,	31075
representation, or understanding that failure to comply with such	31076
request or demand will prevent the procuring or retaining of	31077
employment, and no person shall, directly or indirectly, aid,	31078
request, or authorize any other person to violate this section.	31079
This division does not apply to any agent or representative of a	31080
duly constituted labor organization acting in the collection of	31081
dues or assessments of such organization.	31082

(E) The director shall enforce sections 4115.03 to 4115.16	31083
of the Revised Code.	31084

(F) For the purpose of supplementing existing resources and	31085
to assist in enforcing division (E) of this section, the director	31086
may contract with a person registered as a public accountant under	31087
Chapter 4701. of the Revised Code to conduct an audit of a person,	31088
firm, corporation, or public authority.	31089

Sec. 4117.102. The state employment relations board shall	31090
compile a list of the school districts in the state that have	31091
filed with the board agreements entered into with teacher employee	31092
organizations under this chapter. The board shall annually update	31093
the list to reflect, for each district, for the current fiscal	31094
year, the starting salary in the district for teachers with no	31095
prior teaching experience who hold bachelors degrees. The board	31096
shall send a copy of each annually updated list to the state board	31097
of education.	31098

Sec. 4121.44. (A) The administrator of workers'	31099
compensation shall oversee the implementation of the Ohio workers'	31100
compensation qualified health plan system as established under	31101
section 4121.442 of the Revised Code.	31102

(B) The administrator shall direct the implementation of the	31103
health partnership program administered by the bureau as set forth	31104
in section 4121.441 of the Revised Code. To implement the health	31105
partnership program, the bureau:	31106

(1) Shall certify one or more external vendors, which shall	31107
be known as "managed care organizations," to provide medical	31108
management and cost containment services in the health partnership	31109
program for a period of two years beginning on the date of	31110
certification, consistent with the standards established under	31111
this section;	31112

(2) May recertify external vendors for additional periods of	31113
two years; and	31114

(3) May integrate the certified vendors with bureau staff	31115
and existing bureau services for purposes of operation and	31116
training to allow the bureau to assume operation of the health	31117
partnership program at the conclusion of the certification periods	31118
set forth in division (B)(1) or (2) of this section.	31119

(C) Any vendor selected shall demonstrate all of the	31120
following:	31121

(1) Arrangements and reimbursement agreements with a	31122
substantial number of the medical, professional and pharmacy	31123
providers currently being utilized by claimants.	31124

(2) Ability to accept a common format of medical bill data	31125
in an electronic fashion from any provider who wishes to submit	31126
medical bill data in that form.	31127

(3) A computer system able to handle the volume of medical	31128
bills and willingness to customize that system to the bureau's	31129
needs and to be operated by the vendor's staff, bureau staff, or	31130
some combination of both staffs.	31131

(4) A prescription drug system where pharmacies on a	31132
statewide basis have access to the eligibility and pricing, at a	31133
discounted rate, of all prescription drugs.	31134

(5) A tracking system to record all telephone calls from	31135
claimants and providers regarding the status of submitted medical	31136
bills so as to be able to track each inquiry.	31137

(6) Data processing capacity to absorb all of the bureau's	31138
medical bill processing or at least that part of the processing	31139
which the bureau arranges to delegate.	31140

(7) Capacity to store, retrieve, array, simulate, and model	31141
in a relational mode all of the detailed medical bill data so that	31142
analysis can be performed in a variety of ways and so that the	31143
bureau and its governing authority can make informed decisions.	31144

(8) Wide variety of software programs which translate	31145
medical terminology into standard codes, and which reveal if a	31146
provider is manipulating the procedures codes, commonly called	31147
"unbundling."	31148

(9) Necessary professional staff to conduct, at a minimum,	31149
authorizations for treatment, medical necessity, utilization	31150
review, concurrent review, post-utilization review, and have the	31151
attendant computer system which supports such activity and	31152
measures the outcomes and the savings.	31153

(10) Management experience and flexibility to be able to	31154
react quickly to the needs of the bureau in the case of required	31155
change in federal or state requirements.	31156

(D)(1) Information contained in a vendor's application for	31157
certification in the health partnership program, and other	31158
information furnished to the bureau by a vendor for purposes of	31159
obtaining certification or to comply with performance and	31160
financial auditing requirements established by the adminstrator,	31161
is for the exclusive use and information of the bureau in the	31162
discharge of its official duties, and shall not be open to the	31163
public or be used in any court in any proceeding pending therein,	31164
unless the bureau is a party to the action or proceeding, but the	31165
information may be tabulated and published by the bureau in	31166
statistical form for the use and information of other state	31167
departments and the public. No employee of the bureau, except as	31168
otherwise authorized by the administrator, shall divulge any	31169
information secured by the employee while in the employ of the	31170
bureau in respect to a vendor's application for certification or	31171
in respect to the business or other trade processes of any vendor	31172
to any person other than the administrator or to the employee's	31173
superior.	31174

(2) Notwithstanding the restrictions imposed by division	31175
(D)(1) of this section, the governor, members of select or	31176
standing committees of the senate or house of representatives, the	31177
auditor of state, the attorney general, or their designees,	31178
pursuant to the authority granted in this chapter and Chapter	31179
4123. of the Revised Code, may examine any vendor application or	31180
other information furnished to the bureau by the vendor. None of	31181
those individuals shall divulge any information secured in the	31182
exercise of that authority in respect to a vendor's application	31183
for certification or in respect to the business or other trade	31184
processes of any vendor to any person.	31185

(E) On and after January 1, 2001, a vendor shall not be any	31186
insurance company holding a certificate of authority issued	31187
pursuant to Title XXXIX of the Revised Code or any health insuring	31188
corporation holding a certificate of authority under Chapter 1751.	31189
of the Revised Code.	31190

(F) The administrator may limit freedom of choice of health	31191
care provider or supplier by requiring, beginning with the period	31192
set forth in division (B)(1) or (2) of this section, that	31193
claimants shall pay an appropriate out-of-plan copayment for	31194
selecting a medical provider not within the health partnership	31195
program as provided for in this section.	31196

(G) The administrator, six months prior to the expiration of	31197
the bureau's certification or recertification of the vendor or	31198
vendors as set forth in division (B)(1) or (2) of this section,	31199
may certify and provide evidence to the governor, the speaker of	31200
the house of representatives, and the president of the senate that	31201
the existing bureau staff is able to match or exceed the	31202
performance and outcomes of the external vendor or vendors and	31203
that the bureau should be permitted to internally administer the	31204
health partnership program upon the expiration of the	31205
certification or recertification as set forth in division (B)(1)	31206
or (2) of this section.	31207

(H) The administrator shall establish and operate a bureau	31208
of workers' compensation health care data program. ~~The~~	31209
~~administrator may contract with the Ohio health care data center~~	31210
~~for such purposes.~~ The administrator shall develop reporting	31211
requirements from all employees, employers and medical providers,	31212
medical vendors, and plans that participate in the workers'	31213
compensation system. The administrator shall do all of the	31214
following:	31215

(1) Utilize the collected data to measure and perform	31216
comparison analyses of costs, quality, appropriateness of medical	31217
care, and effectiveness of medical care delivered by all	31218
components of the workers' compensation system.	31219

(2) Compile data to support activities of the selected	31220
vendor or vendors and to measure the outcomes and savings of the	31221
health partnership program.	31222

(3) Publish and report compiled data to the governor, the	31223
speaker of the house of representatives, and the president of the	31224
senate on the first day of each January and July, the measures of	31225
outcomes and savings of the health partnership program and the	31226
qualified health plan system. The administrator shall protect the	31227
confidentiality of all proprietary pricing data.	31228

(I) Any rehabilitation facility the bureau operates is	31229
eligible for inclusion in the Ohio workers' compensation qualified	31230
health plan system or the health partnership program under the	31231
same terms as other providers within health care plans or the	31232
program.	31233

(J) In areas outside the state or within the state where no	31234
qualified health plan or an inadequate number of providers within	31235
the health partnership program exist, the administrator shall	31236
permit employees to use a nonplan or nonprogram health care	31237
provider and shall pay the provider for the services or supplies	31238
provided to or on behalf of an employee for an injury or	31239
occupational disease that is compensable under this chapter or	31240
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	31241
schedule the administrator adopts.	31242

(K) No certified health care provider shall charge, assess,	31243
or otherwise attempt to collect from an employee, employer, a	31244
managed care organization, or the bureau any amount for covered	31245
services or supplies that is in excess of the allowed amount paid	31246
by a managed care organization, the bureau, or a qualified health	31247
plan.	31248

(L) The administrator shall permit any employer or group of	31249
employers who agree to abide by the rules adopted under this	31250
section and sections 4121.441 and 4121.442 of the Revised Code to	31251
provide services or supplies to or on behalf of an employee for an	31252
injury or occupational disease that is compensable under this	31253
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	31254
through qualified health plans of the Ohio workers' compensation	31255
qualified health plan system pursuant to section 4121.442 of the	31256
Revised Code or through the health partnership program pursuant to	31257
section 4121.441 of the Revised Code. No amount paid under the	31258
qualified health plan system pursuant to section 4121.442 of the	31259
Revised Code by an employer who is a state fund employer shall be	31260
charged to the employer's experience or otherwise be used in	31261
merit-rating or determining the risk of that employer for the	31262
purpose of the payment of premiums under this chapter, and if the	31263
employer is a self-insuring employer, the employer shall not	31264
include that amount in the paid compensation the employer reports	31265
under section 4123.35 of the Revised Code.	31266

Sec. 4123.27. Information contained in the annual statement	31267
provided for in section 4123.26 of the Revised Code, and such	31268
other information as may be furnished to the bureau of workers'	31269
compensation by employers in pursuance of that section, is for the	31270
exclusive use and information of the bureau in the discharge of	31271
its official duties, and shall not be open to the public nor be	31272
used in any court in any action or proceeding pending therein	31273
unless the bureau is a party to the action or proceeding; but the	31274
information contained in the statement may be tabulated and	31275
published by the bureau in statistical form for the use and	31276
information of other state departments and the public. No person	31277
in the employ of the bureau, except those who are authorized by	31278
the administrator of workers' compensation, shall divulge any	31279
information secured by the person while in the employ of the	31280
bureau in respect to the transactions, property, claim files,	31281
records, or papers of the bureau or in respect to the business or	31282
mechanical, chemical, or other industrial process of any company,	31283
firm, corporation, person, association, partnership, or public	31284
utility to any person other than the administrator or to the	31285
superior of such employee of the bureau.	31286

Notwithstanding the restrictions imposed by this section, the	31287
governor, select or standing committees of the general assembly,	31288
the auditor of state, the attorney general, or their designees,	31289
pursuant to the authority granted in this chapter and Chapter	31290
4121. of the Revised Code, may examine any records, claim files,	31291
or papers in possession of the industrial commission or the	31292
bureau. They also are bound by the privilege that attaches to	31293
these papers.	31294

The administrator shall report to the director of job and	31295
family services or to the county director of job and family	31296
services the name, address, and social security number or other	31297
identification number of any person receiving workers'	31298
compensation whose name or social security number or other	31299
identification number is the same as that of a person required by	31300
a court or child support enforcement agency to provide support	31301
payments to a recipient or participant of public assistance, and	31302
whose name is submitted to the administrator by the director under	31303
section 5101.36 of the Revised Code. The administrator also shall	31304
inform the director of the amount of workers' compensation paid to	31305
the person during such period as the director specifies.	31306

Within fourteen days after receiving from the director of job	31307
and family services a list of the names and social security	31308
numbers of recipients or participants of public assistance	31309
pursuant to section 5101.181 of the Revised Code, the	31310
administrator shall inform the auditor of state of the name,	31311
current or most recent address, and social security number of each	31312
person receiving workers' compensation pursuant to this chapter	31313
whose name and social security number are the same as that of a	31314
person whose name or social security number was submitted by the	31315
director. The administrator also shall inform the auditor of	31316
state of the amount of workers' compensation paid to the person	31317
during such period as the director specifies.	31318

The bureau and its employees, except for purposes of	31319
furnishing the auditor of state with information required by this	31320
section, shall preserve the confidentiality of recipients or	31321
participants of public assistance in compliance with division (A)	31322
of section 5101.181 of the Revised Code.	31323

For the purposes of this section, "public assistance" means	31324
medical assistance provided through the medical assistance program	31325
established under section 5111.01 of the Revised Code, Ohio works	31326
first provided under Chapter 5107. of the Revised Code,	31327
prevention, retention, and contingency ~~assistance~~ benefits and	31328
services provided under Chapter 5108. of the Revised Code, or	31329
disability assistance provided under Chapter 5115. of the Revised	31330
Code.	31331

Sec. 4301.12. The division of liquor control shall provide	31332
for the custody, safekeeping, and deposit of all moneys, checks,	31333
and drafts received by it or any of its employees or agents prior	31334
to paying them to the treasurer of state as provided by section	31335
113.08 of the Revised Code.	31336

A sum equal to three dollars and thirty-eight cents for each	31337
gallon of spirituous liquor sold by the division during the period	31338
covered by the payment shall be paid into the state treasury to	31339
the credit of the general revenue fund. All moneys received from	31340
permit fees shall be paid to the credit of the undivided liquor	31341
permit fund established by section 4301.30 of the Revised Code.	31342

Except as otherwise provided by law, all moneys collected	31343
under Chapters 4301. and 4303. of the Revised Code shall be paid	31344
by the division into the state treasury to the credit of the	31345
liquor control fund, which is hereby created. Amounts in the	31346
liquor control fund may be used to pay the operating expenses of	31347
the liquor control commission.	31348

Whenever, in the judgment of the director of budget and	31349
management, the amount in ~~the custody of the treasurer of state to~~	31350
~~the credit of~~ the liquor control fund is in excess of that needed	31351
to meet the maturing obligations of the division, as working	31352
capital for its further operations ~~and~~, to pay the operating	31353
expenses of the commission, and ~~as required~~ for the alcohol	31354
testing program under section 3701.143 of the Revised Code, the	31355
director shall transfer the excess to the ~~state treasury to the~~	31356
credit of the general revenue fund.	31357

Sec. 4301.17. (A) Subject to local option as provided in	31358
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	31359
stores or agencies may be established in each county. One	31360
additional store may be established in any county for each thirty	31361
thousand of population of ~~such~~ that county or major fraction	31362
thereof in excess of the first forty thousand, according to the	31363
last preceding federal census. A person engaged in a mercantile	31364
business may act as the agent for the division of liquor control	31365
for the sale of spirituous liquor in a municipal corporation, in	31366
the unincorporated area of a township of not less than two	31367
thousand population, or in an area designated and approved as a	31368
resort area under section 4303.262 of the Revised Code, provided	31369
that not more than one agency contract shall be awarded in the	31370
unincorporated area of a county for each fifty thousand population	31371
of the county. The division shall fix the compensation for such	31372
an agent in ~~such~~ the manner as it ~~deems~~ considers best, but ~~such~~	31373
the compensation shall not exceed seven per cent of the gross	31374
sales made by ~~such~~ the agent in any one year.	31375

Except as otherwise provided in this section, no mercantile	31376
business that sells beer or intoxicating liquor for consumption on	31377
the premises under a permit issued by the division shall operate	31378
an agency store at ~~such~~ the premises or at any adjacent premises.	31379
An agency to which a D-1 permit has been issued may offer for sale	31380
tasting samples of beer, an agency to which a D-2 permit has been	31381
issued may offer for sale tasting samples of wine and mixed	31382
beverages, and an agency to which a D-5 permit has been issued may	31383
offer for sale tasting samples of beer, wine, and mixed beverages,	31384
but not spirituous liquor. A tasting sample shall not be sold for	31385
the purpose of general consumption. As used in this section,	31386
"tasting sample" means a small amount of beer, wine, or mixed	31387
beverages that is provided in not more than four servings of not	31388
more than two ounces each to an authorized purchaser and that	31389
allows the purchaser to determine, by tasting only, the quality	31390
and character of the beverage.	31391

(B) When an agency contract is proposed or when an existing	31392
agency contract is assigned, before entering into any ~~such~~	31393
contract or consenting to any assignment, the division shall	31394
notify the legislative authority of the municipal corporation in	31395
which the agency store is to be located, or the board of county	31396
commissioners and the board of township trustees of the county and	31397
the township in which the agency store is to be located if the	31398
agency store is to be located outside the corporate limits of a	31399
municipal corporation, of the proposed contract or assignment, and	31400
an opportunity shall be provided officials or employees of the	31401
municipal corporation or county and township for a complete	31402
hearing upon the advisability of entering into the ~~agency~~ contract	31403
or consenting to the assignment. When the division sends notice	31404
to the legislative authority of the political subdivision, the	31405
department shall notify, by certified mail or by personal service,	31406
the chief peace officer of the political subdivision, who may	31407
appear and testify, either in person or through a representative,	31408
at any hearing held on the advisability of entering into the	31409
~~agency~~ contract or consenting to the assignment.	31410

~~On or after July 21, 1986, if~~ If the proposed agency store	31411
would be located within five hundred feet of a school, church,	31412
library, public playground, or township park, the division shall	31413
not enter into an agency contract until it has provided notice of	31414
the proposed contract to the authorities in control of the school,	31415
church, library, public playground, or township park and has	31416
provided ~~such officials~~ those authorities with an opportunity for	31417
a complete hearing upon the advisability of entering into the	31418
contract. If an agency store so located is operating under an	31419
agency contract, the division may consent to the assignment of	31420
that contract to operate an agency store at the same location,	31421
~~provided that~~ but the division shall not consent to an assignment	31422
until it has notified the authorities in control of the school,	31423
church, library, public playground, or township park and has	31424
provided ~~such officials~~ those authorities with an opportunity for	31425
a complete hearing upon the advisability of consenting to the	31426
assignment.	31427

Any hearing provided for in this division shall be held in	31428
the central office of the division, except that upon written	31429
request of the legislative authority of the municipal corporation,	31430
the board of county commissioners, or board of township trustees,	31431
the hearing shall be held in the county seat of the county where	31432
the proposed agency store is to be located.	31433

(C) All agency contracts entered into by the division	31434
pursuant to this section shall be in writing and shall contain a	31435
clause providing for the termination of the contract at will by	31436
the division upon its giving ninety days' notice in writing to	31437
~~such~~ the agent of its intention to do so. Any agency contract may	31438
include a clause requiring the agent to report to the appropriate	31439
law enforcement agency the name and address of any individual	31440
under twenty-one years of age who attempts to make an illegal	31441
purchase.	31442

An agent may engage in the selling of beer, mixed beverages,	31443
and wine pursuant to permits issued to the agent under Chapter	31444
4303. of the Revised Code.	31445

The division shall issue a C-1 and C-2 permit to each agent	31446
who prior to November 1, 1994, had not been issued both of these	31447
permits, notwithstanding the population quota restrictions	31448
contained in section 4303.29 of the Revised Code or in any rule of	31449
the liquor control commission and notwithstanding the requirements	31450
of section 4303.31 of the Revised Code. The location of a C-1 or	31451
C-2 permit issued to such an agent shall not be transferred. The	31452
division shall revoke any C-1 or C-2 permit issued to an agent	31453
under this paragraph if the agent no longer operates an agency	31454
store.	31455

No person shall operate, or have any interest, directly or	31456
indirectly, in more than ~~four~~ eight state agencies in any one	31457
county or more than ~~eight~~ sixteen state agencies in the state for	31458
the sale of spirituous liquor. For purposes of this section, a	31459
person has an interest in a state agency if the person is a	31460
partner, member, officer, or director of, or a shareholder owning	31461
ten per cent or more of the capital stock of, any legal entity	31462
with which the department has entered into an agency contract.	31463

The division may enter into agreements with the department of	31464
development to implement a minority loan program to provide	31465
low-interest loans to minority business enterprises, as defined in	31466
section 122.71 of the Revised Code, that are awarded liquor agency	31467
contracts or assignments.	31468

(D) If the division closes a state liquor store and replaces	31469
that store with an agency store, any employees of the division	31470
employed at that state liquor store who lose their jobs at that	31471
store as a result shall be given preference by the agent who	31472
operates the agency store in filling any vacancies that occur	31473
among the agent's employees, if ~~such~~ that preference does not	31474
conflict with the agent's obligations pursuant to a collective	31475
bargaining agreement.	31476

If the division closes a state liquor store and replaces the	31477
store with an agency store, any employees of the division employed	31478
at the state liquor store who lose their jobs at that store as a	31479
result may displace other employees as provided in sections	31480
124.321 to 124.328 of the Revised Code. If an employee cannot	31481
displace other employees and is laid off, the employee shall be	31482
reinstated in another job as provided in sections 124.321 to	31483
124.328 of the Revised Code, except that the employee's rights of	31484
reinstatement in a job at a state liquor store shall continue for	31485
a period of two years after the date of the employee's layoff and	31486
shall apply to jobs at state liquor stores located in the	31487
employee's layoff jurisdiction and any layoff jurisdiction	31488
adjacent to the employee's layoff jurisdiction.	31489

(E) The division shall require every ~~such~~ agent to give bond	31490
with surety to the satisfaction of the division, in ~~such~~ the	31491
amount as the division fixes, conditioned for the faithful	31492
performance of the agent's duties as prescribed by the division.	31493

Sec. 4301.24. No manufacturer shall aid or assist the holder	31494
of any permit for sale at wholesale, and no manufacturer or	31495
wholesale distributor shall aid or assist the holder of any permit	31496
for sale at retail, by gift or loan of any money or property of	31497
any description or other valuable thing, or by giving premiums or	31498
rebates. No holder of any such permit shall accept the same,	31499
provided that the manufacturer or wholesale distributor may	31500
furnish to a retail permittee the inside signs or advertising and	31501
the tap signs or devices authorized by divisions (F) and (G) of	31502
section 4301.22 of the Revised Code.	31503

No manufacturer shall have any financial interest, directly	31504
or indirectly, by stock ownership, or through interlocking	31505
directors in a corporation, or otherwise, in the establishment,	31506
maintenance, or promotion in the business of any wholesale	31507
distributor. No retail permit holder shall have any interest,	31508
directly or indirectly, in the operation of, or any ownership in,	31509
the business of any wholesale distributor or manufacturer.	31510

No manufacturer or wholesale distributor shall, except as	31511
authorized by section 4303.021 of the Revised Code, have any	31512
financial interest, directly or indirectly, by stock ownership, or	31513
through interlocking directors in a corporation, or otherwise, in	31514
the establishment, maintenance, or promotion of the business of	31515
any retail dealer; nor shall any manufacturer or wholesale	31516
distributor or any stockholder ~~thereof~~ of a manufacturer or	31517
wholesale distributor acquire, by ownership in fee, leasehold,	31518
mortgage, or otherwise, directly or indirectly, any interest in	31519
the premises ~~whereon~~ on which the business of any other person	31520
engaged in the business of trafficking in beer or intoxicating	31521
liquor is conducted. All contracts, covenants, conditions, and	31522
limitations whereby any person engaged or proposing to engage in	31523
the sale of beer or intoxicating liquors promises to confine the	31524
person's sales of a particular kind or quality of beer or	31525
intoxicating liquor to one or more products, or the products of a	31526
specified manufacturer or wholesale distributor, or to give	31527
preference to ~~such~~ those products, shall to the extent of ~~such~~	31528
that promise be void. The making of ~~such~~ a promise in any such	31529
form shall be cause for the revocation or suspension of any permit	31530
issued to any party. This section does not prevent the holder of	31531
an A permit from securing and holding a wholesale distributor's	31532
permit or permits and operating as a wholesale distributor.	31533

No manufacturer shall sell or offer to sell to any wholesale	31534
distributor or retail permit holder, and no wholesale distributor	31535
shall sell or offer to sell to any retail permit holder, and no	31536
wholesale distributor or retail permit holder shall purchase or	31537
receive from any manufacturer or wholesale distributor, any malt	31538
or brewed beverages or wine manufactured in the United States	31539
except for cash. No right of action shall exist to collect any	31540
claims for credit extended contrary to this section. This section	31541
does not prohibit a licensee from crediting to a purchaser the	31542
actual prices charged for packages or containers returned by the	31543
original purchaser as a credit on any sale or from refunding to	31544
any purchaser the amount paid by ~~such~~ that purchaser for	31545
containers or as a deposit on containers when title is retained by	31546
the vendor, if ~~such~~ those containers or packages have been	31547
returned to the manufacturer or distributor. This section does	31548
not prohibit a manufacturer from extending usual and customary	31549
credit for malt or brewed beverages or wine manufactured in the	31550
United States and sold to customers who live or maintain places of	31551
business outside this state when the beverages so sold are	31552
actually transported and delivered to points outside this state.	31553
No wholesale or retail permit shall be issued to an applicant	31554
unless ~~such~~ the applicant has paid in full all accounts for beer	31555
and malt beverages or wine, manufactured in the United States,	31556
outstanding as of September 6, 1939. No beer or malt beverages or	31557
wine manufactured in the United States shall be imported into the	31558
state unless the ~~same~~ beer or malt beverages or wine has been paid	31559
for in cash, and no consent to import any such beer or malt	31560
beverages or wine manufactured in the United States shall be	31561
issued by the division of liquor control until the A-2, B-1, or	31562
B-5 permit holder establishes to the satisfaction of the division	31563
that the ~~same~~ beer or malt beverages or wine has been paid for in	31564
cash.	31565

This section does not prevent a manufacturer from securing	31566
and holding any financial interest, directly or indirectly, by	31567
stock ownership or through interlocking directors in a	31568
corporation, or otherwise, in the establishment, maintenance, or	31569
promotion of the business or premises of any C or D permit holder,	31570
provided that the following conditions are met:	31571

(A) Either the manufacturer or one of its parent companies	31572
is listed on a national securities exchange.	31573

(B) All purchases of alcoholic beverages by the C or D	31574
permit holder are made from wholesale distributors in this state	31575
or agency stores licensed by the division of liquor control.	31576

(C) If the C or D permit holder sells brands of alcoholic	31577
beverages that are produced or distributed by the manufacturer	31578
that holds the financial interest, the C or D permit holder also	31579
sells other competing brands of alcoholic beverages produced by	31580
other manufacturers, no preference is given to the products of the	31581
manufacturer, and there is no exclusion, in whole or in part, of	31582
products sold or offered for sale by other manufacturers,	31583
suppliers, or importers of alcoholic beverages that constitutes a	31584
substantial impairment of commerce.	31585

(D) The primary purpose of the C or D permit premises is a	31586
purpose other than to sell alcoholic beverages, and the sale of	31587
other goods and services exceeds fifty per cent of the total gross	31588
receipts of the C or D permit holder at its premises.	31589

This section does not prevent a manufacturer from giving	31590
financial assistance to the holder of a B permit for the purpose	31591
of the holder purchasing an ownership interest in the business,	31592
existing inventory and equipment, or property of another B permit	31593
holder, including, but not limited to, participation in a limited	31594
liability partnership, limited liability company, or any other	31595
legal entity authorized to do business in this state. This section	31596
does not permit a manufacturer to give financial assistance to the	31597
holder of a B permit to purchase inventory or equipment used in	31598
the daily operation of a B permit holder.	31599

Sec. 4301.422. (A) Any person who makes sales of beer,	31600
cider, wine, or mixed beverages to persons for resale at retail in	31601
a county in which a tax has been enacted pursuant to section	31602
4301.421 or 4301.424 of the Revised Code, and any manufacturer,	31603
bottler, importer, or other person who makes sales at retail in	31604
the county upon which the tax has not been paid, is liable for the	31605
tax. Each person liable for the tax shall register with the tax	31606
commissioner on a form prescribed by the commissioner and provide	31607
whatever information the commissioner considers necessary.	31608

(B) Each person liable for the tax shall file a return and	31609
pay the tax to the ~~treasurer of state~~ tax commissioner by the last	31610
day of the month following the month in which the sale occurred.	31611
The return is considered to be filed when received by the	31612
~~treasurer of state~~ tax commissioner. The return shall be	31613
prescribed by the commissioner, and no person filing such a return	31614
shall fail to provide the information specified on the return. If	31615
the return is filed and the amount of tax shown on the return to	31616
be due is paid on or before the date the return is required to be	31617
filed, the person required to file the return shall receive an	31618
administrative fee of two and one-half per cent of that person's	31619
total tax liability under section 4301.421 of the Revised Code for	31620
the purpose of offsetting additional costs incurred in collecting	31621
and remitting the tax. Any person required to file a return who	31622
fails to file timely may be required to forfeit and pay into the	31623
state treasury an amount not exceeding fifty dollars or ten per	31624
cent of the tax due, whichever is greater, as revenue arising from	31625
the tax. That amount may be collected by assessment in the manner	31626
specified in sections 4305.13 and 4305.131 of the Revised Code.	31627

(C) A tax levied pursuant to section 4301.421 or 4301.424 of	31628
the Revised Code shall be administered by the tax commissioner.	31629
The commissioner shall have all powers and authority incident to	31630
such administration, including examination of records, audit,	31631
refund, assessment, and seizure and forfeiture of untaxed	31632
beverages. The procedures, rights, privileges, limitations,	31633
prohibitions, responsibilities, and duties specified in sections	31634
4301.48 to 4301.52, 4305.13, 4305.131, and 4307.01 to 4307.12 of	31635
the Revised Code apply in the administration of the tax.	31636

(D) Each person required to pay the tax levied pursuant to	31637
section 4301.421 or 4301.424 of the Revised Code who sells beer,	31638
cider, wine, or mixed beverages for resale at retail within a	31639
county in which the tax is levied shall clearly mark on all	31640
invoices, billings, and similar documents the amount of tax and	31641
the name of the county in which the tax is levied.	31642

(E) Each person required to pay the tax levied by section	31643
4301.421 or 4301.424 of the Revised Code shall maintain complete	31644
records of all sales for at least three years. The records shall	31645
be open to inspection by the tax commissioner.	31646

(F) All money collected by the tax commissioner under this	31647
section shall be paid to the treasurer of state as revenue arising	31648
from the tax imposed by section 4301.421 or 4301.424 of the	31649
Revised Code.	31650

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	31651
the Revised Code:	31652

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	31653
fluid ounces.	31654

(2) "Sale" or "sell" includes exchange, barter, gift,	31655
distribution, and, except with respect to A-4 permit holders,	31656
offer for sale.	31657

(B) For the purposes of providing revenues for the support	31658
of the state and encouraging the grape industries in the state, a	31659
tax is hereby levied on the sale or distribution of wine in Ohio,	31660
except for known sacramental purposes, at the rate of thirty cents	31661
per wine gallon for wine containing not less than four per cent of	31662
alcohol by volume and not more than fourteen per cent of alcohol	31663
by volume, ninety-eight cents per wine gallon for wine containing	31664
more than fourteen per cent but not more than twenty-one per cent	31665
of alcohol by volume, one dollar and eight cents per wine gallon	31666
for vermouth, and one dollar and forty-eight cents per wine gallon	31667
for sparkling and carbonated wine and champagne, the tax to be	31668
paid by the holders of A-2 and B-5 permits or by any other person	31669
selling or distributing wine upon which no tax has been paid. From	31670
the tax paid under this section on wine, vermouth, and sparkling	31671
and carbonated wine and champagne, the treasurer of state shall	31672
credit to the Ohio grape industries fund created under section	31673
924.54 of the Revised Code a sum equal to one cent per gallon for	31674
each gallon upon which the tax is paid.	31675

(C) For the purpose of providing revenues for the support of	31676
the state, there is hereby levied a tax on prepared and bottled	31677
highballs, cocktails, cordials, and other mixed beverages at the	31678
rate of one dollar and twenty cents per wine gallon to be paid by	31679
holders of A-4 permits or by any other person selling or	31680
distributing those products upon which no tax has been paid. Only	31681
one sale of the same article shall be used in computing the amount	31682
of tax due. The tax on mixed beverages to be paid by holders of	31683
A-4 permits under this section shall not attach until the	31684
ownership of the mixed beverage is transferred for valuable	31685
consideration to a wholesaler or retailer, and no payment of the	31686
tax shall be required prior to that time.	31687

(D) During the period ~~from June 30, 1995, until~~ of July 1,	31688
2001, through June 30, 2003, from the tax paid under this section	31689
on wine, vermouth, and sparkling and carbonated wine and	31690
champagne, the treasurer of state shall credit to the Ohio grape	31691
industries fund created under section 924.54 of the Revised Code a	31692
sum equal to two cents per gallon upon which the tax is paid. The	31693
amount credited under this division is in addition to the amount	31694
credited to the Ohio grape industries fund under division (B) of	31695
this section.	31696

(E) For the purpose of providing revenues for the support of	31697
the state, there is hereby levied a tax on cider at the rate of	31698
twenty-four cents per wine gallon to be paid by the holders of A-2	31699
and B-5 permits or by any other person selling or distributing	31700
cider upon which no tax has been paid. Only one sale of the same	31701
article shall be used in computing the amount of the tax due.	31702

Sec. 4303.33. (A) Every A-1 permit holder in this state,	31703
every bottler, importer, wholesale dealer, broker, producer, or	31704
manufacturer of beer outside this state and within the United	31705
States, and every B-1 permit holder and importer importing beer	31706
from any manufacturer, bottler, person, or group of persons	31707
however organized outside the United States for sale or	31708
distribution for sale in this state, on or before the eighteenth	31709
day of each month, shall make and file with the ~~treasurer of state~~	31710
tax commissioner upon a form prescribed by the tax commissioner an	31711
advance tax payment in an amount estimated to equal the taxpayer's	31712
tax liability for the month in which the advance tax payment is	31713
made. If the advance tax payment credits claimed on the report are	31714
for advance tax payments received by the ~~treasurer of state~~ tax	31715
commissioner on or before the eighteenth day of the month covered	31716
by the report, the taxpayer is entitled to an additional credit of	31717
three per cent of the advance tax payment and a discount of three	31718
per cent shall be allowed the taxpayer at the time of filing the	31719
report if filed as provided in division (B) of this section on any	31720
amount by which the tax liability reflected in the report exceeds	31721
the advance tax payment estimate by not more than ten per cent.	31722
The additional three per cent credit and three per cent discount	31723
shall be in consideration for advancing the payment of the tax and	31724
other services performed by the permit holder and other taxpayers	31725
in the collection of the tax. ~~The treasurer of state shall stamp~~	31726
~~or otherwise mark thereon the date the advance tax payment was~~	31727
~~received by the treasurer and the amount of the advance tax~~	31728
~~payment, and shall transmit that information to the tax~~	31729
~~commissioner.~~	31730

"Advance tax payment credit" means credit for payments made	31731
by an A-1 or B-1 permit holder and any other persons during the	31732
period covered by a report which was made in anticipation of the	31733
tax liability required to be reported on that report.	31734

"Tax liability" as used in division (A) of this section means	31735
the total gross tax liability of an A-1 or B-1 permit holder and	31736
any other persons for the period covered by a report before any	31737
allowance for credits and discount.	31738

(B) Every A-1 permit holder in this state, every bottler,	31739
importer, wholesale dealer, broker, producer, or manufacturer of	31740
beer outside this state and within the United States, and every	31741
B-1 permit holder importing beer from any manufacturer, bottler,	31742
person, or group of persons however organized outside the United	31743
States, on or before the tenth day of each month, shall make and	31744
file a report for the preceding month upon a form prescribed by	31745
the tax commissioner which report shall show the amount of beer	31746
produced, sold, and distributed for sale in this state by the A-1	31747
permit holder, sold and distributed for sale in this state by each	31748
manufacturer, bottler, importer, wholesale dealer, or broker	31749
outside this state and within the United States, and the amount of	31750
beer imported into this state from outside the United States and	31751
sold and distributed for sale in this state by the B-1 permit	31752
holder or importer.	31753

The report shall be filed by mailing it to the ~~treasurer of~~	31754
~~state~~ tax commissioner, together with payment of the tax levied by	31755
sections 4301.42 and 4305.01 of the Revised Code shown to be due	31756
on the report after deduction of advance payment credits and any	31757
additional credits or discounts provided for under this section.	31758
~~The treasurer of state shall stamp or otherwise mark on each~~	31759
~~report the date it was received by the treasurer, the amount of~~	31760
~~the tax payment accompanying the report, and shall transmit the~~	31761
~~report to the tax commissioner.~~	31762

(C) Every A-2 and A-4, B-2, B-3, B-4, and B-5 permit holder	31763
in this state, on or before the eighteenth day of each month,	31764
shall make and file a report with the ~~treasurer of state~~ tax	31765
commissioner upon a form prescribed by the tax commissioner which	31766
report shall show, on the report of each A-2 and A-4 permit holder	31767
the amount of wine, cider, and mixed beverages produced and sold,	31768
or sold in this state by each such A-2 and A-4 permit holder for	31769
the next preceding calendar month and such other information as	31770
the tax commissioner requires, and on the report of each such B-2,	31771
B-3, B-4, and B-5 permit holder the amount of wine, cider, and	31772
mixed beverages purchased from an importer, broker, wholesale	31773
dealer, producer, or manufacturer located outside this state and	31774
sold and distributed in this state by such B-2, B-3, B-4, and B-5	31775
permit holder, for the next preceding calendar month and such	31776
other information as the tax commissioner requires.	31777

Every such A-2, A-4, B-2, B-3, B-4, and B-5 permit holder in	31778
this state shall remit with the report the tax levied by sections	31779
4301.43 and, if applicable, 4301.432 of the Revised Code less a	31780
discount thereon of three per cent of the total tax so levied and	31781
paid, provided the return is filed together with remittance of the	31782
amount of tax shown to be due thereon, within the time prescribed.	31783
~~The treasurer of state shall stamp or otherwise mark on all~~	31784
~~reports the date it was received by the treasurer and the amount~~	31785
~~of tax payment accompanying all reports and shall transmit the~~	31786
~~return to the commissioner.~~ Any permit holder or other persons	31787
who fail to file a report under this section, for each day the	31788
person so fails, may be required to forfeit and pay into the state	31789
treasury the sum of one dollar as revenue arising from the tax	31790
imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of the	31791
Revised Code, and that sum may be collected by assessment in the	31792
manner provided in section 4305.13 of the Revised Code.	31793

(D) Every B-1 permit holder and importer in this state	31794
importing beer from any manufacturer, bottler, person, or group of	31795
persons however organized, outside the United States, if required	31796
by the tax commissioner shall post a bond payable to the state in	31797
such form and amount as the commissioner prescribes with surety to	31798
the satisfaction of the tax commissioner, conditioned upon the	31799
payment to the ~~treasurer of state~~ tax commissioner of taxes levied	31800
by sections 4301.42 and 4305.01 of the Revised Code.	31801

(E) No such wine, beer, cider, or mixed beverages sold or	31802
distributed in this state shall be taxed more than once under	31803
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	31804

(F) As used in this section:

31805

(1) "Cider" has the same meaning as in section 4301.01 of the	31806
Revised Code.	31807

(2) "Wine" has the same meaning as in section 4301.01 of the	31808
Revised Code, except that "wine" does not include cider.	31809

(G) All money collected by the tax commissioner under this	31810
section shall be paid to the treasurer of state as revenue arising	31811
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	31812
4305.01 of the Revised Code.	31813

Sec. 4303.331. No permit holder shall purchase and import	31814
into this state any beer from any manufacturer, bottler, importer,	31815
wholesale dealer, or broker outside this state and within the	31816
United States unless and until such manufacturer, bottler,	31817
importer, wholesale dealer, or broker registers with the tax	31818
commissioner and supplies such information as the commissioner may	31819
require.	31820

The commissioner may by rule require any registrant to file	31821
with the commissioner a bond payable to the state in such form and	31822
amount as the commissioner prescribes with surety to the	31823
satisfaction of the tax commissioner conditioned upon the making	31824
of the report to be made to the ~~treasurer of state~~ tax	31825
commissioner and the payment to the ~~treasurer of state~~ tax	31826
commissioner of taxes levied by sections 4301.42 and 4305.01 of	31827
the Revised Code, all as provided in section 4303.33 of the	31828
Revised Code.	31829

Any such manufacturer, bottler, importer, wholesale dealer,	31830
or broker shall, as a part of such registration, make the	31831
secretary of state ~~his~~ its agent for the service of process or	31832
notice of any assessment, action, or proceedings instituted in the	31833
state against such person under sections 4303.33, 4301.42, and	31834
4305.01 of the Revised Code.	31835

Such process or notice shall be served, by the officer to	31836
whom it is directed or by the tax commissioner, or by the sheriff	31837
of Franklin county, who may be deputized for such purpose by the	31838
officer to whom the service is directed, upon the secretary of	31839
state by leaving at the office of the secretary of state, at least	31840
fifteen days before the return day of such process or notice, a	31841
true and attested copy thereof, and by sending to the defendant by	31842
certified mail, postage prepaid, a like and true attested copy,	31843
with an endorsement thereon of the service upon the secretary of	31844
state, addressed to such defendant at the address listed in the	31845
registration or at the defendant's last known address.	31846

Any B-1 permit holder who purchases beer from any	31847
manufacturer, bottler, importer, wholesale dealer, or broker	31848
outside this state and within the United States who has not	31849
registered with the tax commissioner and filed a bond as provided	31850
in this section shall be liable for any tax due on any beer	31851
purchased from such unregistered manufacturer, bottler, importer,	31852
wholesale dealer, or broker and shall be subject to any penalties	31853
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised	31854
Code.	31855

Any B-1 permit holder who purchases beer from any	31856
manufacturer, bottler, importer, wholesale dealer, or broker	31857
outside this state and within the United States who has complied	31858
with this section shall not be liable for any tax due to the state	31859
on any beer purchased from any such manufacturer, bottler,	31860
importer, wholesale dealer, or broker.	31861

All money collected by the tax commissioner under this	31862
section shall be paid to the treasurer of state as revenue arising	31863
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	31864
4305.01 of the Revised Code.	31865

Sec. 4503.10. (A) The owner of every snowmobile,	31866
off-highway motorcycle, and all-purpose vehicle required to be	31867
registered under section 4519.02 of the Revised Code shall file an	31868
application for registration under section 4519.03 of the Revised	31869
Code. The owner of a motor vehicle, other than a snowmobile,	31870
off-highway motorcycle, or all-purpose vehicle, that is not	31871
designed and constructed by the manufacturer for operation on a	31872
street or highway may not register it under this chapter except	31873
upon certification of inspection pursuant to section 4513.02 of	31874
the Revised Code by the sheriff or chief of police of the	31875
municipal or township police with jurisdiction over the political	31876
subdivision in which the owner of the motor vehicle resides.	31877
Except as provided in section 4503.103 of the Revised Code, every	31878
owner of every other motor vehicle not previously described in	31879
this section and every person mentioned as owner in the last	31880
certificate of title of a motor vehicle that is operated or driven	31881
upon the public roads or highways shall cause to be filed each	31882
year, by mail or otherwise, in the office of the registrar of	31883
motor vehicles or a deputy registrar, a written or electronic	31884
application or a preprinted registration renewal notice issued	31885
under section 4503.102 of the Revised Code, the form of which	31886
shall be prescribed by the registrar, for registration for the	31887
following registration year, which shall begin on the first day of	31888
January of every calendar year and end on the thirty-first day of	31889
December in the same year. Applications for registration and	31890
registration renewal notices shall be filed at the times	31891
established by the registrar pursuant to section 4503.101 of the	31892
Revised Code. A motor vehicle owner also may elect to renew a	31893
motor vehicle registration by electronic means using electronic	31894
signature in accordance with rules adopted by the registrar.	31895
Except as provided in division (J) of this section, applications	31896
for registration shall be made on blanks furnished by the	31897
registrar for that purpose, containing the following information:	31898

(1) A brief description of the motor vehicle to be	31899
registered, including the name of the manufacturer, the factory	31900
number of the vehicle, the year's model, and, in the case of	31901
commercial cars, the gross weight of the vehicle fully equipped	31902
computed in the manner prescribed in section 4503.08 of the	31903
Revised Code;	31904

(2) The name and residence address of the owner, and the	31905
township and municipal corporation in which the owner resides;	31906

(3) The district of registration, which shall be determined	31907
as follows:	31908

(a) In case the motor vehicle to be registered is used for	31909
hire or principally in connection with any established business or	31910
branch business, conducted at a particular place, the district of	31911
registration is the municipal corporation in which that place is	31912
located or, if not located in any municipal corporation, the	31913
county and township in which that place is located.	31914

(b) In case the vehicle is not so used, the district of	31915
registration is the municipal corporation or county in which the	31916
owner resides at the time of making the application.	31917

(4) Whether the motor vehicle is a new or used motor	31918
vehicle;	31919

(5) The date of purchase of the motor vehicle;

31920

(6) Whether the fees required to be paid for the	31921
registration or transfer of the motor vehicle, during the	31922
preceding registration year and during the preceding period of the	31923
current registration year, have been paid. Each application for	31924
registration shall be signed by the owner, either manually or by	31925
electronic signature, or pursuant to obtaining a limited power of	31926
attorney authorized by the registrar for registration, or other	31927
document authorizing such signature. If the owner elects to renew	31928
the motor vehicle registration with the registrar by electronic	31929
means, the owner's manual signature is not required.	31930

(7) The owner's social security number, if assigned, or,	31931
where a motor vehicle to be registered is used for hire or	31932
principally in connection with any established business, the	31933
owner's federal taxpayer identification number.	31934

(B) Each time the applicant first registers a motor vehicle	31935
in the applicant's name, the applicant shall present for	31936
inspection a certificate of title or a memorandum certificate	31937
showing title to the motor vehicle to be registered in the	31938
applicant. When a motor vehicle inspection and maintenance	31939
program is in effect under section 3704.14 of the Revised Code and	31940
rules adopted under it, each application for registration for a	31941
vehicle required to be inspected under that section and those	31942
rules shall be accompanied by an inspection certificate for the	31943
motor vehicle issued in accordance with that section. The	31944
application shall be refused if any of the following applies:	31945

(1) The application is not in proper form.

31946

(2) The application is prohibited from being accepted by	31947
division (D) of section 2935.27, division (A) of section 2937.221,	31948
division (A) of section 4503.13, division (B) of section 4507.168,	31949
or division (B)(1) of section 4521.10 of the Revised Code.	31950

(3) A certificate of title or memorandum certificate of	31951
title does not accompany the application.	31952

(4) All registration and transfer fees for the motor	31953
vehicle, for the preceding year or the preceding period of the	31954
current registration year, have not been paid.	31955

(5) The owner or lessee does not have an inspection	31956
certificate for the motor vehicle as provided in section 3704.14	31957
of the Revised Code, and rules adopted under it, if that section	31958
is applicable.	31959

This section does not require the payment of license or	31960
registration taxes on a motor vehicle for any preceding year, or	31961
for any preceding period of a year, if the motor vehicle was not	31962
taxable for that preceding year or period under sections 4503.02,	31963
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	31964
Revised Code. When a certificate of registration is issued upon	31965
the first registration of a motor vehicle by or on behalf of the	31966
owner, the official issuing the certificate shall indicate the	31967
issuance with a stamp on the certificate of title or memorandum	31968
certificate and on the inspection certificate for the motor	31969
vehicle, if any. The official also shall indicate, by a stamp or	31970
by such other means as the registrar prescribes, on the	31971
registration certificate issued upon the first registration of a	31972
motor vehicle by or on behalf of the owner the odometer reading of	31973
the motor vehicle as shown in the odometer statement included in	31974
or attached to the certificate of title. Upon each subsequent	31975
registration of the motor vehicle by or on behalf of the same	31976
owner, the official also shall so indicate the odometer reading of	31977
the motor vehicle as shown on the immediately preceding	31978
certificate of registration.	31979

The registrar shall include in the permanent registration	31980
record of any vehicle required to be inspected under section	31981
3704.14 of the Revised Code the inspection certificate number from	31982
the inspection certificate that is presented at the time of	31983
registration of the vehicle as required under this division.	31984

(C) In addition, a charge of twenty-five cents shall be made	31985
for each reflectorized safety license plate issued, and a single	31986
charge of twenty-five cents shall be made for each county	31987
identification sticker or each set of county identification	31988
stickers issued, as the case may be, to cover the cost of	31989
producing the license plates and stickers, including material,	31990
manufacturing, and administrative costs. Those fees shall be in	31991
addition to the license tax. If the total cost of producing the	31992
plates is less than twenty-five cents per plate, or if the total	31993
cost of producing the stickers is less than twenty-five cents per	31994
sticker or per set issued, any excess moneys accruing from the	31995
fees shall be distributed in the same manner as provided by	31996
section 4501.04 of the Revised Code for the distribution of	31997
license tax moneys. If the total cost of producing the plates	31998
exceeds twenty-five cents per plate, or if the total cost of	31999
producing the stickers exceeds twenty-five cents per sticker or	32000
per set issued, the difference shall be paid from the license tax	32001
moneys collected pursuant to section 4503.02 of the Revised Code.	32002

(D) Each deputy registrar shall be allowed a fee of ~~two~~	32003
~~dollars and twenty-five cents~~ three dollars commencing on July 1,	32004
2001, three dollars and twenty-five cents commencing on January 1,	32005
2003, and three dollars and fifty cents commencing on January 1,	32006
2004, for each application for registration and registration	32007
renewal notice the deputy registrar receives, which shall be for	32008
the purpose of compensating the deputy registrar for the deputy	32009
registrar's services, and such office and rental expenses, as may	32010
be necessary for the proper discharge of the deputy registrar's	32011
duties in the receiving of applications and renewal notices and	32012
the issuing of licenses.	32013

(E) Upon the certification of the registrar, the county	32014
sheriff or local police officials shall recover license plates	32015
erroneously or fraudulently issued.	32016

(F) Each deputy registrar, upon receipt of any application	32017
for registration or registration renewal notice, together with the	32018
license fee and any local motor vehicle license tax levied	32019
pursuant to Chapter 4504. of the Revised Code, shall transmit that	32020
fee and tax, if any, in the manner provided in this section,	32021
together with the original and duplicate copy of the application,	32022
to the registrar. The registrar, subject to the approval of the	32023
director of public safety, may deposit the funds collected by	32024
those deputies in a local bank or depository to the credit of the	32025
"state of Ohio, bureau of motor vehicles." Where a local bank or	32026
depository has been designated by the registrar, each deputy	32027
registrar shall deposit all moneys collected by the deputy	32028
registrar into that bank or depository not more than one business	32029
day after their collection and shall make reports to the registrar	32030
of the amounts so deposited, together with any other information,	32031
some of which may be prescribed by the treasurer of state, as the	32032
registrar may require and as prescribed by the registrar by rule.	32033
The registrar, within three days after receipt of notification of	32034
the deposit of funds by a deputy registrar in a local bank or	32035
depository, shall draw on that account in favor of the treasurer	32036
of state. The registrar, subject to the approval of the director	32037
and the treasurer of state, may make reasonable rules necessary	32038
for the prompt transmittal of fees and for safeguarding the	32039
interests of the state and of counties, townships, municipal	32040
corporations, and transportation improvement districts levying	32041
local motor vehicle license taxes. The registrar may pay service	32042
charges usually collected by banks and depositories for such	32043
service. If deputy registrars are located in communities where	32044
banking facilities are not available, they shall transmit the fees	32045
forthwith, by money order or otherwise, as the registrar, by rule	32046
approved by the director and the treasurer of state, may	32047
prescribe. The registrar may pay the usual and customary fees for	32048
such service.	32049

(G) This section does not prevent any person from making an	32050
application for a motor vehicle license directly to the registrar	32051
by mail, by electronic means, or in person at any of the	32052
registrar's offices, upon payment of a service fee of ~~two dollars~~	32053
~~and twenty-five cents~~ three dollars commencing on July 1, 2001,	32054
three dollars and twenty-five cents commencing on January 1, 2003,	32055
and three dollars and fifty cents commencing on January 1, 2004,	32056
for each application.	32057

(H) No person shall make a false statement as to the	32058
district of registration in an application required by division	32059
(A) of this section. Violation of this division is falsification	32060
under section 2921.13 of the Revised Code and punishable as	32061
specified in that section.	32062

(I)(1) Where applicable, the requirements of division (B) of	32063
this section relating to the presentation of an inspection	32064
certificate issued under section 3704.14 of the Revised Code and	32065
rules adopted under it for a motor vehicle, the refusal of a	32066
license for failure to present an inspection certificate, and the	32067
stamping of the inspection certificate by the official issuing the	32068
certificate of registration apply to the registration of and	32069
issuance of license plates for a motor vehicle under sections	32070
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	32071
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	32072
4503.47, and 4503.51 of the Revised Code.	32073

(2)(a) The registrar shall adopt rules ensuring that each	32074
owner registering a motor vehicle in a county where a motor	32075
vehicle inspection and maintenance program is in effect under	32076
section 3704.14 of the Revised Code and rules adopted under it	32077
receives information about the requirements established in that	32078
section and those rules and about the need in those counties to	32079
present an inspection certificate with an application for	32080
registration or preregistration.	32081

(b) Upon request, the registrar shall provide the director	32082
of environmental protection, or any person that has been awarded a	32083
contract under division (D) of section 3704.14 of the Revised	32084
Code, an on-line computer data link to registration information	32085
for all passenger cars, noncommercial motor vehicles, and	32086
commercial cars that are subject to that section. The registrar	32087
also shall provide to the director of environmental protection a	32088
magnetic data tape containing registration information regarding	32089
passenger cars, noncommercial motor vehicles, and commercial cars	32090
for which a multi-year registration is in effect under section	32091
4503.103 of the Revised Code or rules adopted under it, including,	32092
without limitation, the date of issuance of the multi-year	32093
registration, the registration deadline established under rules	32094
adopted under section 4503.101 of the Revised Code that was	32095
applicable in the year in which the multi-year registration was	32096
issued, and the registration deadline for renewal of the	32097
multi-year registration.	32098

(J) Application for registration under the international	32099
registration plan, as set forth in sections 4503.60 to 4503.66 of	32100
the Revised Code, shall be made to the registrar on forms	32101
furnished by the registrar. In accordance with international	32102
registration plan guidelines and pursuant to rules adopted by the	32103
registrar, the forms shall include the following:	32104

(1) A uniform mileage schedule;

32105

(2) The gross vehicle weight of the vehicle or combined	32106
gross vehicle weight of the combination vehicle as declared by the	32107
registrant;	32108

(3) Any other information the registrar requires by rule.

32109

Sec. 4503.102. (A) The registrar of motor vehicles shall	32110
adopt rules to establish a centralized system of motor vehicle	32111
registration renewal by mail or by electronic means. Any person	32112
owning a motor vehicle that was registered in the person's name	32113
during the preceding registration year shall renew the	32114
registration of the motor vehicle not more than ninety days prior	32115
to the expiration date of the registration either by mail or by	32116
electronic means through the centralized system of registration	32117
established under this section, or in person at any office of the	32118
registrar or at a deputy registrar's office.	32119

(B)(1) No less than forty-five days prior to the expiration	32120
date of any motor vehicle registration, the registrar shall mail a	32121
renewal notice to the person in whose name the motor vehicle is	32122
registered. The renewal notice shall clearly state that the	32123
registration of the motor vehicle may be renewed by mail or	32124
electronic means through the centralized system of registration or	32125
in person at any office of the registrar or at a deputy	32126
registrar's office and shall be preprinted with information	32127
including, but not limited to, the owner's name and residence	32128
address as shown in the records of the bureau of motor vehicles, a	32129
brief description of the motor vehicle to be registered, notice of	32130
the license taxes and fees due on the motor vehicle, the toll-free	32131
telephone number of the registrar as required under division	32132
(D)(1) of section 4503.031 of the Revised Code, and any additional	32133
information the registrar may require by rule. The renewal notice	32134
shall be sent by regular mail to the owner's last known address as	32135
shown in the records of the bureau of motor vehicles.	32136

(2) If the application for renewal of the registration of a	32137
motor vehicle is prohibited from being accepted by the registrar	32138
or a deputy registrar by division (D) of section 2935.27, division	32139
(A) of section 2937.221, division (A) of section 4503.13, division	32140
(B) of section 4507.168, or division (B)(1) of section 4521.10 of	32141
the Revised Code, the registrar is not required to send a renewal	32142
notice to the vehicle owner or vehicle lessee.	32143

(C) The owner of the motor vehicle shall verify the	32144
information contained in the notice, sign it either manually or by	32145
electronic means, and return it, either by mail or electronic	32146
means, or the owner may take it in person to any office of the	32147
registrar or of a deputy registrar, together with a financial	32148
transaction device number, when permitted by rule of the	32149
registrar, check, or money order in the amount of the registration	32150
taxes and fees payable on the motor vehicle and a mail fee of ~~two~~	32151
~~dollars and twenty-five cents~~ three dollars commencing on July 1,	32152
2001, three dollars and twenty-five cents commencing on January 1,	32153
2003, and three dollars and fifty cents commencing on January 1,	32154
2004, plus postage as indicated on the notice, if the registration	32155
is renewed by mail, and an inspection certificate for the motor	32156
vehicle as provided in section 3704.14 of the Revised Code. If	32157
the motor vehicle owner chooses to renew the motor vehicle	32158
registration by electronic means, the owner shall proceed in	32159
accordance with the rules the registrar adopts.	32160

(D) If all registration and transfer fees for the motor	32161
vehicle for the preceding year or the preceding period of the	32162
current registration year have not been paid, if division (D) of	32163
section 2935.27, division (A) of section 2937.221, division (A) of	32164
section 4503.13, division (B) of section 4507.168, or division	32165
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	32166
of the renewal notice, or if the owner or lessee does not have an	32167
inspection certificate for the motor vehicle as provided in	32168
section 3704.14 of the Revised Code, if that section is	32169
applicable, the license shall be refused, and the registrar or	32170
deputy registrar shall so notify the owner. This section does not	32171
require the payment of license or registration taxes on a motor	32172
vehicle for any preceding year, or for any preceding period of a	32173
year, if the motor vehicle was not taxable for that preceding year	32174
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	32175
4503.16 or Chapter 4504. of the Revised Code.	32176

(E)(1) Failure to receive a renewal notice does not relieve	32177
a motor vehicle owner from the responsibility to renew the	32178
registration for the motor vehicle. Any person who has a motor	32179
vehicle registered in this state and who does not receive a	32180
renewal notice as provided in division (B) of this section prior	32181
to the expiration date of the registration shall request an	32182
application for registration from the registrar or a deputy	32183
registrar and sign the application manually or by electronic means	32184
and submit the application and pay any applicable license taxes	32185
and fees to the registrar or deputy registrar.	32186

(2) If the owner of a motor vehicle submits an application	32187
for registration and the registrar is prohibited by division (D)	32188
of section 2935.27, division (A) of section 2937.221, division (A)	32189
of section 4503.13, division (B) of section 4507.168, or division	32190
(B)(1) of section 4521.10 of the Revised Code from accepting the	32191
application, the registrar shall return the application and the	32192
payment to the owner. If the owner of a motor vehicle submits a	32193
registration renewal application to the registrar by electronic	32194
means and the registrar is prohibited from accepting the	32195
application as provided in this division, the registrar shall	32196
notify the owner of this fact and deny the application and return	32197
the payment or give a credit on the financial transaction device	32198
account of the owner in the manner the registrar prescribes by	32199
rule adopted pursuant to division (A) of this section.	32200

(F) Every deputy registrar shall post in a prominent place	32201
at the deputy's office a notice informing the public of the mail	32202
registration system required by this section and also shall post a	32203
notice that every owner of a motor vehicle and every chauffeur	32204
holding a certificate of registration is required to notify the	32205
registrar in writing of any change of residence within ten days	32206
after the change occurs. The notice shall be in such form as the	32207
registrar prescribes by rule.	32208

(G) The ~~two dollars and twenty-five cents~~ three dollars fee	32209
collected from July 1, 2001, through December 31, 2002, the three	32210
dollars and twenty-five cents fee collected from January 1, 2003,	32211
through December 31, 2003, and the three dollars and fifty cents	32212
fee collected after January 1, 2004, plus postage and any	32213
financial transaction device surcharge collected by the registrar	32214
for registration by mail, shall be paid to the credit of the state	32215
bureau of motor vehicles fund established by section 4501.25 of	32216
the Revised Code.	32217

(H) Pursuant to section 113.40 of the Revised Code, the	32218
registrar may implement a program permitting payment of motor	32219
vehicle registration taxes and fees, driver's license and	32220
commercial driver's license fees, and any other taxes, fees,	32221
penalties, or charges imposed or levied by the state by means of a	32222
financial transaction device. The registrar may adopt rules as	32223
necessary for this purpose.	32224

(I) For persons who reside in counties where tailpipe	32225
emissions inspections are required under the motor vehicle	32226
inspection and maintenance program, the notice required by	32227
division (B) of this section shall also include the toll-free	32228
telephone number maintained by the Ohio environmental protection	32229
agency to provide information concerning the locations of	32230
emissions testing centers.	32231

Sec. 4503.12. Upon the transfer of ownership of a motor	32232
vehicle, the registration of the motor vehicle expires and the	32233
original owner immediately shall remove the license plates from	32234
the motor vehicle, except that:	32235

(A) If a statutory merger or consolidation results in the	32236
transfer of ownership of a motor vehicle from a constituent	32237
corporation to the surviving corporation, or if the incorporation	32238
of a proprietorship or partnership results in the transfer of	32239
ownership of a motor vehicle from the proprietorship or	32240
partnership to the corporation, the registration shall be	32241
continued upon the filing by the surviving or new corporation,	32242
within thirty days of such transfer, of an application for an	32243
amended certificate of registration, unless such registration is	32244
prohibited by division (D) of section 2935.27, division (A) of	32245
section 2937.221, division (B) of section 4507.168, or division	32246
(B)(1) of section 4521.10 of the Revised Code. The application	32247
shall be accompanied by a service fee of ~~two dollars and~~	32248
~~twenty-five cents~~ three dollars commencing on July 1, 2001, three	32249
dollars and twenty-five cents commencing on January 1, 2003, and	32250
three dollars and fifty cents commencing on January 1, 2004, a	32251
transfer fee of one dollar, and the original certificate of	32252
registration. Upon a proper filing, the registrar of motor	32253
vehicles shall issue an amended certificate of registration in the	32254
name of the new owner.	32255

(B) If the death of the owner of a motor vehicle results in	32256
the transfer of ownership of the motor vehicle to the surviving	32257
spouse of the owner or if a motor vehicle is owned by two persons	32258
under joint ownership with right of survivorship established under	32259
section 2106.17 of the Revised Code and one of those persons dies,	32260
the registration shall be continued upon the filing by the	32261
surviving spouse of an application for an amended certificate of	32262
registration, unless such registration is prohibited by division	32263
(D) of section 2935.27, division (A) of section 2937.221, division	32264
(A) of section 4503.13, division (B) of section 4507.168, or	32265
division (B)(1) of section 4521.10 of the Revised Code. The	32266
application shall be accompanied by a service fee of ~~two dollars~~	32267
~~and twenty-five cents~~ three dollars commencing on July 1, 2001,	32268
three dollars and twenty-five cents commencing on January 1, 2003,	32269
and three dollars and fifty cents commencing on January 1, 2004, a	32270
transfer fee of one dollar, the original certificate of	32271
registration, and, in relation to a motor vehicle that is owned by	32272
two persons under joint ownership with right of survivorship	32273
established under section 2106.17 of the Revised Code, by a copy	32274
of the certificate of title that specifies that the vehicle is	32275
owned under joint ownership with right of survivorship. Upon a	32276
proper filing, the registrar shall issue an amended certificate of	32277
registration in the name of the surviving spouse.	32278

(C) If the original owner of a motor vehicle that has been	32279
transferred makes application for the registration of another	32280
motor vehicle at any time during the remainder of the registration	32281
period for which the transferred motor vehicle was registered, the	32282
owner, unless such registration is prohibited by division (D) of	32283
section 2935.27, division (A) of section 2937.221, division (A) of	32284
section 4503.13, division (E) of section 4503.234, division (B) of	32285
section 4507.168, or division (B)(1) of section 4521.10 of the	32286
Revised Code, may file an application for transfer of the	32287
registration and, where applicable, the license plates,	32288
accompanied by a service fee of ~~two dollars and twenty-five cents~~	32289
three dollars commencing on July 1, 2001, three dollars and	32290
twenty-five cents commencing on January 1, 2003, and three dollars	32291
and fifty cents commencing on January 1, 2004, a transfer fee of	32292
one dollar, and the original certificate of registration. The	32293
transfer of the registration and, where applicable, the license	32294
plates from the motor vehicle for which they originally were	32295
issued to a succeeding motor vehicle purchased by the same person	32296
in whose name the original registration and license plates were	32297
issued shall be done within a period not to exceed thirty days.	32298
During that thirty-day period, the license plates from the motor	32299
vehicle for which they originally were issued may be displayed on	32300
the succeeding motor vehicle, and the succeeding motor vehicle may	32301
be operated on the public roads and highways in this state.	32302

At the time of application for transfer, the registrar shall	32303
compute and collect the amount of tax due on the succeeding motor	32304
vehicle, based upon the amount that would be due on a new	32305
registration as of the date on which the transfer is made less a	32306
credit for the unused portion of the original registration	32307
beginning on that date. If the credit exceeds the amount of tax	32308
due on the new registration, no refund shall be made. In	32309
computing the amount of tax due and credits to be allowed under	32310
this division, the provisions of division (B)(1)(a) and (b) of	32311
section 4503.11 of the Revised Code shall apply. As to passenger	32312
cars, noncommercial vehicles, motor homes, and motorcycles,	32313
transfers within or between these classes of motor vehicles only	32314
shall be allowed. If the succeeding motor vehicle is of a	32315
different class than the motor vehicle for which the registration	32316
originally was issued, new license plates also shall be issued	32317
upon the surrender of the license plates originally issued and	32318
payment of the fees provided in divisions (C) and (D) of section	32319
4503.10 of the Revised Code.	32320

(D) The owner of a commercial car having a gross vehicle	32321
weight or combined gross vehicle weight of more than ten thousand	32322
pounds may transfer the registration of that commercial car to	32323
another commercial car the owner owns without transferring	32324
ownership of the first commercial car, unless registration of the	32325
second commercial car is prohibited by division (D) of section	32326
2935.27, division (A) of section 2937.221, division (A) of section	32327
4503.13, division (B) of section 4507.168, or division (B)(1) of	32328
section 4521.10 of the Revised Code. At any time during the	32329
remainder of the registration period for which the first	32330
commercial car was registered, the owner may file an application	32331
for the transfer of the registration and, where applicable, the	32332
license plates, accompanied by a service fee of ~~two dollars and~~	32333
~~twenty-five cents~~ three dollars commencing on July 1, 2001, three	32334
dollars and twenty-five cents commencing on January 1, 2003, and	32335
three dollars and fifty cents commencing on January 1, 2004, a	32336
transfer fee of one dollar, and the certificate of registration of	32337
the first commercial car. The amount of any tax due or credit to	32338
be allowed for a transfer of registration under this division	32339
shall be computed in accordance with division (C) of this section.	32340

No commercial car to which a registration is transferred	32341
under this division shall be operated on a public road or highway	32342
in this state until after the transfer of registration is	32343
completed in accordance with this division.	32344

(E) Upon application to the registrar or a deputy registrar,	32345
a person who owns or leases a motor vehicle may transfer special	32346
license plates assigned to that vehicle to any other vehicle that	32347
the person owns or leases or that is owned or leased by the	32348
person's spouse. The application shall be accompanied by a	32349
service fee of ~~two dollars and twenty-five cents~~ three dollars	32350
commencing on July 1, 2001, three dollars and twenty-five cents	32351
commencing on January 1, 2003, and three dollars and fifty cents	32352
commencing on January 1, 2004, a transfer fee of one dollar, and	32353
the original certificate of registration. As appropriate, the	32354
application also shall be accompanied by a power of attorney for	32355
the registration of a leased vehicle and a written statement	32356
releasing the special plates to the applicant. Upon a proper	32357
filing, the registrar or deputy registrar shall assign the special	32358
license plates to the motor vehicle owned or leased by the	32359
applicant and issue a new certificate of registration for that	32360
motor vehicle.	32361

As used in division (E) of this section, "special license	32362
plates" means either of the following:	32363

(1) Any license plates for which the person to whom the	32364
license plates are issued must pay an additional fee in excess of	32365
the fees prescribed in section 4503.04 of the Revised Code,	32366
Chapter 4504. of the Revised Code, and the service fee prescribed	32367
in division (D) or (G) of section 4503.10 of the Revised Code;	32368

(2) License plates issued under section 4503.44 of the	32369
Revised Code.	32370

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	32371
application and proof of purchase of the vehicle, may be issued a	32372
temporary license placard or windshield sticker for the motor	32373
vehicle.	32374

The purchaser of a vehicle applying for a temporary license	32375
placard or windshield sticker under this section shall execute an	32376
affidavit stating that the purchaser has not been issued	32377
previously during the current registration year a license plate	32378
that could legally be transferred to such vehicle.	32379

Placards or windshield stickers shall be issued only for the	32380
applicant's use of the vehicle to enable the applicant to legally	32381
operate the motor vehicle while proper title, license plates, and	32382
a certificate of registration are being obtained, and shall be	32383
displayed on no other motor vehicle.	32384

Placards or windshield stickers issued under this section are	32385
valid for a period of thirty days from date of issuance and are	32386
not transferable or renewable.	32387

The fee for such placards or windshield stickers is two	32388
dollars plus a fee of ~~two dollars and twenty-five cents~~ three	32389
dollars commencing on July 1, 2001, three dollars and twenty-five	32390
cents commencing on January 1, 2003, and three dollars and fifty	32391
cents commencing on January 1, 2004, for each such placard issued	32392
by a deputy registrar.	32393

(B) The registrar of motor vehicles may issue to a motorized	32394
bicycle dealer or a licensed motor vehicle dealer temporary	32395
license placards to be issued to purchasers for use on vehicles	32396
sold by the licensed dealer, in accordance with rules prescribed	32397
by the registrar. The dealer shall notify the registrar within	32398
forty-eight hours of proof of issuance on a form prescribed by the	32399
registrar.	32400

The fee for each such placard issued by the registrar to a	32401
licensed motor vehicle dealer is two dollars plus a fee of ~~two~~	32402
~~dollars and twenty-five cents~~ three dollars commencing on July 1,	32403
2001, three dollars and twenty-five cents commencing on January 1,	32404
2003, and three dollars and fifty cents commencing on January 1,	32405
2004.	32406

(C) The registrar of motor vehicles, at the registrar's	32407
discretion, may issue a temporary license placard. Such a placard	32408
may be issued in the case of extreme hardship encountered by a	32409
citizen from this state or another state who has attempted to	32410
comply with all registration laws, but for extreme circumstances	32411
is unable to properly register the citizen's vehicle.	32412

(D) The registrar shall adopt rules, in accordance with	32413
division (B) of section 111.15 of the Revised Code, to specify the	32414
procedures for reporting the information from applications for	32415
temporary license placards and windshield stickers and for	32416
providing the information from these applications to law	32417
enforcement agencies.	32418

(E) Temporary license placards issued under this section	32419
shall bear a distinctive combination of seven letters, numerals,	32420
or letters and numerals, and shall incorporate a security feature	32421
that, to the greatest degree possible, prevents tampering with any	32422
of the information that is entered upon a placard when it is	32423
issued.	32424

(F) As used in this section, "motorized bicycle dealer"	32425
means any person engaged in the business of selling at retail,	32426
displaying, offering for sale, or dealing in motorized bicycles	32427
who is not subject to section 4503.09 of the Revised Code.	32428

Sec. 4505.061. If the application for a certificate of title	32429
refers to a motor vehicle last previously registered in another	32430
state, the application shall be accompanied by a physical	32431
inspection certificate issued by the department of public safety	32432
verifying the make, body type, model, and manufacturer's vehicle	32433
identification number of the motor vehicle for which the	32434
certificate of title is desired. The physical inspection	32435
certificate shall be in such form as is designated by the	32436
registrar of motor vehicles. The physical inspection of the motor	32437
vehicle shall be made at a deputy registrar's office, or at an	32438
established place of business operated by a licensed motor vehicle	32439
dealer. Additionally, the physical inspection of a salvage	32440
vehicle owned by an insurance company may be made at an	32441
established place of business operated by a salvage motor vehicle	32442
dealer licensed under Chapter 4738. of the Revised Code. The	32443
deputy registrar, the motor vehicle dealer, or the salvage motor	32444
vehicle dealer may charge a maximum fee of ~~one dollar and fifty~~	32445
~~cents~~ three dollars commencing on July 1, 2001, three dollars and	32446
twenty-five cents commencing on January 1, 2003, and three dollars	32447
and fifty cents commencing on January 1, 2004, for conducting the	32448
physical inspection.	32449

The clerk of the court of common pleas shall charge a fee of	32450
one dollar and fifty cents for the processing of each physical	32451
inspection certificate. The clerk shall retain fifty cents of the	32452
one dollar and fifty cents so charged and shall pay the remaining	32453
one dollar to the registrar by monthly returns, which shall be	32454
forwarded to the registrar not later than the fifth day of the	32455
month next succeeding that in which the certificate is received by	32456
the clerk. The registrar shall pay such remaining sums into the	32457
state bureau of motor vehicles fund established by section 4501.25	32458
of the Revised Code.	32459

Sec. 4506.08. (A) Each application for a commercial	32460
driver's license temporary instruction permit shall be accompanied	32461
by a fee of ten dollars; except as provided in division (B) of	32462
this section, each application for a commercial driver's license,	32463
restricted commercial driver's license, or renewal of such a	32464
license shall be accompanied by a fee of twenty-five dollars; and	32465
each application for a duplicate commercial driver's license shall	32466
be accompanied by a fee of ten dollars. In addition, the	32467
registrar of motor vehicles or deputy registrar may collect and	32468
retain an additional fee of no more than ~~two dollars and~~	32469
~~twenty-five cents~~ three dollars commencing on July 1, 2001, three	32470
dollars and twenty-five cents commencing on January 1, 2003, and	32471
three dollars and fifty cents commencing on January 1, 2004, for	32472
each application for a commercial driver's license temporary	32473
instruction permit, commercial driver's license, renewal of a	32474
commercial driver's license, or duplicate commercial driver's	32475
license received by the registrar or deputy. No fee shall be	32476
charged for the annual issuance of a waiver for farm-related	32477
service industries pursuant to section 4506.24 of the Revised	32478
Code.	32479

Each deputy registrar shall transmit the fees collected to	32480
the registrar at the time and in the manner prescribed by the	32481
registrar by rule. The registrar shall pay the fees into the	32482
state highway safety fund established in section 4501.06 of the	32483
Revised Code.	32484

(B) Information regarding the driving record of any person	32485
holding a commercial driver's license issued by this state shall	32486
be furnished by the registrar, upon request and payment of a fee	32487
of three dollars, to the employer or prospective employer of such	32488
a person and to any insurer.	32489

Sec. 4507.23. (A) Except as provided in division (H) of	32490
this section, each application for a temporary instruction permit	32491
and examination shall be accompanied by a fee of four dollars.	32492

(B) Except as provided in division (H) of this section, each	32493
application for a driver's license made by a person who previously	32494
held such a license and whose license has expired not more than	32495
two years prior to the date of application, and who is required	32496
under this chapter to give an actual demonstration of the person's	32497
ability to drive, shall be accompanied by a fee of three dollars	32498
in addition to any other fees.	32499

(C) Except as provided in divisions (E) and (H) of this	32500
section, each application for a driver's license, or motorcycle	32501
operator's endorsement, or renewal of a driver's license shall be	32502
accompanied by a fee of six dollars. Except as provided in	32503
division (H) of this section, each application for a duplicate	32504
driver's license shall be accompanied by a fee of two dollars and	32505
fifty cents. The duplicate driver's licenses issued under this	32506
section shall be distributed by the deputy registrar in accordance	32507
with rules adopted by the registrar of motor vehicles.	32508

(D) Except as provided in division (H) of this section, each	32509
application for a motorized bicycle license or duplicate thereof	32510
shall be accompanied by a fee of two dollars and fifty cents.	32511

(E) Except as provided in division (H) of this section, each	32512
application for a driver's license or renewal of a driver's	32513
license that will be issued to a person who is less than	32514
twenty-one years of age shall be accompanied by whichever of the	32515
following fees is applicable:	32516

(1) If the person is sixteen years of age or older, but less	32517
than seventeen years of age, a fee of seven dollars and	32518
twenty-five cents;	32519

(2) If the person is seventeen years of age or older, but	32520
less than eighteen years of age, a fee of six dollars;	32521

(3) If the person is eighteen years of age or older, but	32522
less than nineteen years of age, a fee of four dollars and	32523
seventy-five cents;	32524

(4) If the person is nineteen years of age or older, but	32525
less than twenty years of age, a fee of three dollars and fifty	32526
cents;	32527

(5) If the person is twenty years of age or older, but less	32528
than twenty-one years of age, a fee of two dollars and twenty-five	32529
cents.	32530

(F) Neither the registrar nor any deputy registrar shall	32531
charge a fee in excess of one dollar and fifty cents for	32532
laminating a driver's license or, motorized bicycle license, or	32533
temporary instruction permit identification cards as required by	32534
sections 4507.13 and 4511.521 of the Revised Code. A deputy	32535
registrar laminating a driver's license or, motorized bicycle	32536
license, or temporary instruction permit identification cards	32537
shall retain the entire amount of the fee charged for lamination,	32538
less the actual cost to the registrar of the laminating materials	32539
used for that lamination, as specified in the contract executed by	32540
the bureau for the laminating materials and laminating equipment.	32541
The deputy registrar shall forward the amount of the cost of the	32542
laminating materials to the registrar for deposit as provided in	32543
this section.	32544

(G) At the time and in the manner provided by section	32545
4503.10 of the Revised Code, the deputy registrar shall transmit	32546
the fees collected under divisions (A), (B), (C), (D), and (E),	32547
and those portions of the fees specified in and collected under	32548
division (F) of this section to the registrar. The registrar	32549
shall pay two dollars and fifty cents of each fee collected under	32550
divisions (A), (B), (C), (D), and (E)(1) to (4) of this section,	32551
and the entire fee collected under division (E)(5) of this	32552
section, into the state highway safety fund established in section	32553
4501.06 of the Revised Code, and such fees shall be used for the	32554
sole purpose of supporting driver licensing activities. The	32555
remaining fees collected by the registrar under this section shall	32556
be paid into the state bureau of motor vehicles fund established	32557
in section 4501.25 of the Revised Code.	32558

(H) A disabled veteran who has a service-connected	32559
disability rated at one hundred per cent by the veterans'	32560
administration may apply to the registrar or a deputy registrar	32561
for the issuance to that veteran, without the payment of any fee	32562
prescribed in this section, of any of the following items:	32563

(1) A temporary instruction permit and examination;

32564

(2) A new, renewal, or duplicate driver's or commercial	32565
driver's license;	32566

(3) A motorcycle operator's endorsement;

32567

(4) A motorized bicycle license or duplicate thereof;

32568

(5) Lamination of a driver's license or, motorized bicycle	32569
license, or temporary instruction permit identification card as	32570
provided in division (F) of this section, if the circumstances	32571
specified in division (H)(5) of this section are met.	32572

If the driver's license or, motorized bicycle license, or	32573
temporary instruction permit identification card of a disabled	32574
veteran described in division (H) of this section is laminated by	32575
a deputy registrar who is acting as a deputy registrar pursuant to	32576
a contract with the registrar that is in effect on ~~the effective~~	32577
~~date of this amendment~~ October 14, 1997, the disabled veteran	32578
shall be required to pay the deputy registrar the lamination fee	32579
provided in division (F) of this section. If the driver's license	32580
or, motorized bicycle license, or temporary instruction permit	32581
identification card of such a disabled veteran is laminated by a	32582
deputy registrar who is acting as a deputy registrar pursuant to a	32583
contract with the registrar that is executed after ~~the effective~~	32584
~~date of this amendment~~ October 14, 1997, the disabled veteran is	32585
not required to pay the deputy registrar the lamination fee	32586
provided in division (F) of this section.	32587

A disabled veteran whose driver's license or, motorized	32588
bicycle license, or temporary instruction permit identification	32589
card is laminated by the registrar is not required to pay the	32590
registrar any lamination fee.	32591

An application made under division (H) of this section shall	32592
be accompanied by such documentary evidence of disability as the	32593
registrar may require by rule.	32594

Sec. 4507.24. (A) Except as provided in division (B) of	32595
this section, each deputy registrar may collect a fee not to	32596
exceed the following:	32597

(1) ~~Three dollars and twenty-five cents~~ Four dollars	32598
commencing on July 1, 2001, four dollars and twenty-five cents	32599
commencing on January 1, 2003, and four dollars and fifty cents	32600
commencing on January 1, 2004, for each application for renewal of	32601
a driver's license received by the deputy registrar, when the	32602
applicant is required to submit to a screening of the applicant's	32603
vision under section 4507.12 of the Revised Code;	32604

(2) ~~Two dollars and twenty-five cents~~ Three dollars	32605
commencing on July 1, 2001, three dollars and twenty-five cents	32606
commencing on January 1, 2003, and three dollars and fifty cents	32607
commencing on January 1, 2004, for each application for a driver's	32608
license, or motorized bicycle license, or for renewal of such a	32609
license, received by the deputy registrar, when the applicant is	32610
not required to submit to a screening of the applicant's vision	32611
under section 4507.12 of the Revised Code.	32612

(B) The fees prescribed by division (A) of this section	32613
shall be in addition to the fee for a temporary instruction permit	32614
and examination, a driver's license, a motorized bicycle license,	32615
or duplicates thereof, and shall compensate the deputy registrar	32616
for the deputy registrar's services, for office and rental	32617
expense, and for costs as provided in division (C) of this	32618
section, as are necessary for the proper discharge of the deputy	32619
registrar's duties under sections 4507.01 to 4507.39 of the	32620
Revised Code.	32621

A disabled veteran who has a service-connected disability	32622
rated at one hundred per cent by the veterans' administration is	32623
required to pay the applicable fee prescribed in division (A) of	32624
this section if the disabled veteran submits an application for a	32625
driver's license or motorized bicycle license or a renewal of	32626
either of these licenses to a deputy registrar who is acting as a	32627
deputy registrar pursuant to a contract with the registrar that is	32628
in effect on the effective date of this amendment. The disabled	32629
veteran also is required to submit with the disabled veteran's	32630
application such documentary evidence of disability as the	32631
registrar may require by rule.	32632

A disabled veteran who submits an application described in	32633
this division is not required to pay either of the fees prescribed	32634
in division (A) of this section if the disabled veteran submits	32635
the application to a deputy registrar who is acting as a deputy	32636
registrar pursuant to a contract with the registrar that is	32637
executed after the effective date of this amendment. The disabled	32638
veteran still is required to submit with the disabled veteran's	32639
application such documentary evidence of disability as the	32640
registrar may require by rule.	32641

A disabled veteran who submits an application described in	32642
this division directly to the registrar is not required to pay	32643
either of the fees prescribed in division (A) of this section if	32644
the disabled veteran submits with the disabled veteran's	32645
application such documentary evidence of disability as the	32646
registrar may require by rule.	32647

(C) Each deputy registrar shall transmit to the registrar of	32648
motor vehicles, at such time and in such manner as the registrar	32649
shall require by rule, an amount of each fee collected under	32650
division (A)(1) of this section as shall be determined by the	32651
registrar. The registrar shall pay all such moneys so received	32652
into the state bureau of motor vehicles fund created in section	32653
4501.25 of the Revised Code.	32654

Sec. 4507.50. (A) The registrar of motor vehicles or a	32655
deputy registrar, upon receipt of an application filed in	32656
compliance with section 4507.51 of the Revised Code by any person	32657
who is a resident or a temporary resident of this state and,	32658
except as otherwise provided in this section, is not licensed as	32659
an operator of a motor vehicle in this state or another licensing	32660
jurisdiction, and, except as provided in division (B) of this	32661
section, upon receipt of a fee of three dollars and fifty cents,	32662
shall issue an identification card to that person.	32663

Any person who is a resident or temporary resident of this	32664
state whose Ohio driver's or commercial driver's license has been	32665
suspended or revoked, upon application in compliance with section	32666
4507.51 of the Revised Code and, except as provided in division	32667
(B) if of this section, payment of a fee of three dollars and	32668
fifty cents, may be issued a temporary identification card. The	32669
temporary identification card shall be identical to an	32670
identification card, except that it shall be printed on its face	32671
with a statement that the card is valid during the effective dates	32672
of the suspension or revocation of the cardholder's license, or	32673
until the birthday of the cardholder in the fourth year after the	32674
date on which it is issued, whichever is shorter. The cardholder	32675
shall surrender the identification card to the registrar or any	32676
deputy registrar before the cardholder's driver's or commercial	32677
driver's license is restored or reissued.	32678

Except as provided in division (B) of this section, the	32679
deputy registrar shall be allowed a fee of ~~two dollars and~~	32680
~~twenty-five cents~~ three dollars commencing on July 1, 2001, three	32681
dollars and twenty-five cents commencing on January 1, 2003, and	32682
three dollars and fifty cents commencing on January 1, 2004, for	32683
each identification card issued under this section. The fee	32684
allowed to the deputy registrar shall be in addition to the fee	32685
for issuing an identification card.	32686

Neither the registrar nor any deputy registrar shall charge a	32687
fee in excess of one dollar and fifty cents for laminating an	32688
identification card or temporary identification card. A deputy	32689
registrar laminating such a card shall retain the entire amount of	32690
the fee charged for lamination, less the actual cost to the	32691
registrar of the laminating materials used for that lamination, as	32692
specified in the contract executed by the bureau for the	32693
laminating materials and laminating equipment. The deputy	32694
registrar shall forward the amount of the cost of the laminating	32695
materials to the registrar for deposit as provided in this	32696
section.	32697

The fee collected for issuing an identification card under	32698
this section, except the fee allowed to the deputy registrar,	32699
shall be paid into the state treasury to the credit of the state	32700
bureau of motor vehicles fund created in section 4501.25 of the	32701
Revised Code.	32702

(B) A disabled veteran who has a service-connected	32703
disability rated at one hundred per cent by the veterans'	32704
administration may apply to the registrar or a deputy registrar	32705
for the issuance to that veteran of an identification card or a	32706
temporary identification card under this section without payment	32707
of any fee prescribed in division (A) of this section, including	32708
any lamination fee.	32709

If the identification card or temporary identification card	32710
of a disabled veteran described in this division is laminated by a	32711
deputy registrar who is acting as a deputy registrar pursuant to a	32712
contract with the registrar that is in effect on the effective	32713
date of this amendment, the disabled veteran shall pay the deputy	32714
registrar the lamination fee prescribed in division (A) of this	32715
section. If the identification card or temporary identification	32716
card is laminated by a deputy registrar who is acting as a deputy	32717
registrar pursuant to a contract with the registrar that is	32718
executed after ~~the effective date of this amendment~~ July 29, 1998,	32719
the disabled veteran is not required to pay the deputy registrar	32720
the lamination fee prescribed in division (A) of this section.	32721

A disabled veteran whose identification card or temporary	32722
identification card is laminated by the registrar is not required	32723
to pay the registrar any lamination fee.	32724

An application made under division (A) of this section shall	32725
be accompanied by such documentary evidence of disability as the	32726
registrar may require by rule.	32727

Sec. 4507.52. Each identification card issued by the	32728
registrar of motor vehicles or a deputy registrar shall display a	32729
distinguishing number assigned to the cardholder, and shall	32730
display the following inscription:	32731

"STATE OF OHIO IDENTIFICATION CARD

32732

This card is not valid for the purpose of operating a motor	32733
vehicle. It is provided solely for the purpose of establishing	32734
the identity of the bearer described on the card, who currently is	32735
not licensed to operate a motor vehicle in the state of Ohio."	32736

The identification card shall display substantially the same	32737
information as contained in the application and as described in	32738
division (A)(1) of section 4507.51 of the Revised Code, including	32739
the cardholder's social security number unless the cardholder	32740
specifically requests that the cardholder's social security number	32741
not be displayed on the card. If federal law requires the	32742
cardholder's social security number to be displayed on the	32743
identification card, the social security number shall be displayed	32744
on the card notwithstanding a request to not display the number	32745
pursuant to this section. The identification card also shall	32746
display the color photograph of the cardholder. If the cardholder	32747
has executed a durable power of attorney for health care or a	32748
declaration governing the use or continuation, or the withholding	32749
or withdrawal, of life-sustaining treatment and has specified that	32750
the cardholder wishes the identification card to indicate that the	32751
cardholder has executed either type of instrument, the card also	32752
shall display any symbol chosen by the registrar to indicate that	32753
the cardholder has executed either type of instrument. The card	32754
shall be sealed in transparent plastic or similar material and	32755
shall be so designed as to prevent its reproduction or alteration	32756
without ready detection.	32757

The identification card for persons under twenty-one years of	32758
age shall have characteristics prescribed by the registrar	32759
distinguishing it from that issued to a person who is twenty-one	32760
years of age or older, except that an identification card issued	32761
to a person who applies no more than thirty days before the	32762
applicant's twenty-first birthday shall have the characteristics	32763
of an identification card issued to a person who is twenty-one	32764
years of age or older.	32765

Every identification card issued to a resident of this state	32766
shall expire, unless canceled or surrendered earlier, on the	32767
birthday of the cardholder in the fourth year after the date on	32768
which it is issued. Every identification card issued to a	32769
temporary resident shall expire in accordance with rules adopted	32770
by the registrar and is nonrenewable, but may be replaced with a	32771
new identification card upon the applicant's compliance with all	32772
applicable requirements. A cardholder may renew the cardholder's	32773
identification card within ninety days prior to the day on which	32774
it expires by filing an application and paying the prescribed fee	32775
in accordance with section 4507.50 of the Revised Code.	32776

If a cardholder applies for a driver's or commercial driver's	32777
license in this state or another licensing jurisdiction, the	32778
cardholder shall surrender the cardholder's identification card to	32779
the registrar or any deputy registrar before the license is	32780
issued.	32781

If a card is lost, destroyed, or mutilated, the person to	32782
whom the card was issued may obtain a duplicate by doing both of	32783
the following:	32784

(A) Furnishing suitable proof of the loss, destruction, or	32785
mutilation to the registrar or a deputy registrar;	32786

(B) Filing an application and presenting documentary	32787
evidence under section 4507.51 of the Revised Code.	32788

Any person who loses a card and, after obtaining a duplicate,	32789
finds the original, immediately shall surrender the original to	32790
the registrar or a deputy registrar.	32791

A cardholder may obtain a replacement identification card	32792
that reflects any change of the cardholder's name by furnishing	32793
suitable proof of the change to the registrar or a deputy	32794
registrar and surrendering the cardholder's existing card.	32795

When a cardholder applies for a duplicate or obtains a	32796
replacement identification card, the cardholder shall pay a fee of	32797
two dollars and fifty cents. A deputy registrar shall be allowed	32798
an additional fee of ~~two~~ three dollars commencing on July 1, 2001,	32799
three dollars and twenty-five cents commencing on January 1, 2003,	32800
and three dollars and fifty cents commencing on January 1, 2004,	32801
for issuing a duplicate or replacement identification card. A	32802
disabled veteran who is a cardholder and has a service-connected	32803
disability rated at one hundred per cent by the veterans'	32804
administration may apply to the registrar or a deputy registrar	32805
for the issuance of a duplicate or replacement identification card	32806
without payment of any fee prescribed in this section, and without	32807
payment of any lamination fee if the disabled veteran would not be	32808
required to pay a lamination fee in connection with the issuance	32809
of an identification card or temporary identification card as	32810
provided in division (B) of section 4507.50 of the Revised Code.	32811

A duplicate or replacement identification card shall expire	32812
on the same date as the card it replaces.	32813

The registrar shall cancel any card upon determining that the	32814
card was obtained unlawfully, issued in error, or was altered. The	32815
registrar also shall cancel any card that is surrendered to the	32816
registrar or to a deputy registrar after the holder has obtained a	32817
duplicate, replacement, or driver's or commercial driver's	32818
license.	32819

No agent of the state or its political subdivisions shall	32820
condition the granting of any benefit, service, right, or	32821
privilege upon the possession by any person of an identification	32822
card. Nothing in this section shall preclude any publicly	32823
operated or franchised transit system from using an identification	32824
card for the purpose of granting benefits or services of the	32825
system.	32826

No person shall be required to apply for, carry, or possess	32827
an identification card.	32828

(C) Except in regard to an identification card issued to a	32829
person who applies no more than thirty days before the applicant's	32830
twenty-first birthday, neither the registrar nor any deputy	32831
registrar shall issue an identification card to a person under	32832
twenty-one years of age that does not have the characteristics	32833
prescribed by the registrar distinguishing it from the	32834
identification card issued to persons who are twenty-one years of	32835
age or older.	32836

Sec. 4511.81. (A) When any child who is in either or both	32837
of the following categories is being transported in a motor	32838
vehicle, other than a taxicab or public safety vehicle as defined	32839
in section 4511.01 of the Revised Code, that is registered in this	32840
state and is required by the United States department of	32841
transportation to be equipped with seat belts at the time of	32842
manufacture or assembly, the operator of the motor vehicle shall	32843
have the child properly secured in accordance with the	32844
manufacturer's instructions in a child restraint system that meets	32845
federal motor vehicle safety standards:	32846

(1) A child who is less than four years of age;

32847

(2) A child who weighs less than forty pounds.

32848

(B) When any child who is in either or both of the following	32849
categories is being transported in a motor vehicle, other than a	32850
taxicab, that is registered in this state and is owned, leased, or	32851
otherwise under the control of a nursery school, kindergarten, or	32852
day-care center, the operator of the motor vehicle shall have the	32853
child properly secured in accordance with the manufacturer's	32854
instructions in a child restraint system that meets federal motor	32855
vehicle safety standards:	32856

(1) A child who is less than four years of age;

32857

(2) A child who weighs less than forty pounds.

32858

(C) The director of public safety shall adopt such rules as	32859
are necessary to carry out this section.	32860

(D) The failure of an operator of a motor vehicle to secure	32861
a child in a child restraint system as required by this section is	32862
not negligence imputable to the child, is not admissible as	32863
evidence in any civil action involving the rights of the child	32864
against any other person allegedly liable for injuries to the	32865
child, is not to be used as a basis for a criminal prosecution of	32866
the operator of the motor vehicle other than a prosecution for a	32867
violation of this section, and is not admissible as evidence in	32868
any criminal action involving the operator of the motor vehicle	32869
other than a prosecution for a violation of this section.	32870

(E) This section does not apply when an emergency exists	32871
that threatens the life of any person operating a motor vehicle	32872
and to whom this section otherwise would apply or the life of any	32873
child who otherwise would be required to be restrained under this	32874
section.	32875

(F) If a person who is not a resident of this state is	32876
charged with a violation of division (A) or (B) of this section	32877
and does not prove to the court, by a preponderance of the	32878
evidence, that the person's use or nonuse of a child restraint	32879
system was in accordance with the law of the state of which the	32880
person is a resident, the court shall impose the fine levied by	32881
division (H)(2) of section 4511.99 of the Revised Code.	32882

(G) There is hereby created in the state treasury the "child	32883
highway safety fund," consisting of fines imposed pursuant to	32884
divisions (H)(1) and (2) of section 4511.99 of the Revised Code	32885
for violations of divisions (A) and (B) of this section. The	32886
money in the fund shall be used by the department of health only	32887
to defray the cost of ~~verifying~~ designating hospitals as pediatric	32888
trauma centers under section ~~3702.161~~ 3727.081 of the Revised Code	32889
and to establish and administer a child highway safety program.	32890
The purpose of the program shall be to educate the public about	32891
child restraint systems generally and the importance of their	32892
proper use. The program also shall include a process for	32893
providing child restraint systems to persons who meet the	32894
eligibility criteria established by the department, and a	32895
toll-free telephone number the public may utilize to obtain	32896
information about child restraint systems and their proper use.	32897

The director of health, in accordance with Chapter 119. of	32898
the Revised Code, shall adopt any rules necessary to carry out	32899
this section, including rules establishing the criteria a person	32900
must meet in order to receive a child restraint system under the	32901
department's child restraint system program; provided that rules	32902
relating to the verification of pediatric trauma centers shall not	32903
be adopted under this section.	32904

Sec. 4519.03. (A) The owner of every snowmobile,	32905
off-highway motorcycle, and all-purpose vehicle required to be	32906
registered under section 4519.02 of the Revised Code shall file an	32907
application for registration with the registrar of motor vehicles	32908
or a deputy registrar, on blanks furnished by the registrar for	32909
that purpose and containing all of the following information:	32910

(1) A brief description of the snowmobile, off-highway	32911
motorcycle, or all-purpose vehicle, including the name of the	32912
manufacturer, the factory or model number, and the vehicle	32913
identification number;	32914

(2) The name, residence, and business address of the owner;

32915

(3) A statement that the snowmobile, off-highway motorcycle,	32916
or all-purpose vehicle is equipped as required by section 4519.20	32917
of the Revised Code, and any rule adopted thereunder. The	32918
statement shall include a check list of the required equipment	32919
items in such form as the registrar shall prescribe.	32920

The application shall be signed by the owner of the	32921
snowmobile, off-highway motorcycle, or all-purpose vehicle and	32922
shall be accompanied by a fee as provided in division (C) of	32923
section 4519.04 of the Revised Code.	32924

If the application is not in proper form, or if the vehicle	32925
for which registration is sought does not appear to be equipped as	32926
required by section 4519.20 of the Revised Code or any rule	32927
adopted thereunder, the registration shall be refused and no	32928
registration sticker shall be issued.	32929

(B) On and after ~~the effective date of this amendment~~ July	32930
1, 1999, no certificate of registration or renewal of such a	32931
certificate shall be issued for an off-highway motorcycle or	32932
all-purpose vehicle required to be registered under section	32933
4519.02 of the Revised Code, and no certificate of registration	32934
issued under this chapter for an off-highway motorcycle or	32935
all-purpose vehicle that is sold or otherwise transferred shall be	32936
transferred to the new owner of the off-highway motorcycle or	32937
all-purpose vehicle as permitted by division (B) of section	32938
4519.05 of the Revised Code, unless a certificate of title has	32939
been issued under this chapter for the motorcycle or vehicle, and	32940
the owner or new owner, as the case may be, presents the	32941
certificate of title or a memorandum certificate of title for	32942
inspection at the time the owner or new owner first submits a	32943
registration application, registration renewal application, or	32944
registration transfer application for the motorcycle or vehicle on	32945
or after ~~the effective date of this amendment~~ July 1, 1999.	32946

(C) When the owner of an off-highway motorcycle or	32947
all-purpose vehicle first registers it in the owner's name, and a	32948
certificate of title has been issued for the motorcycle or	32949
vehicle, the owner shall present for inspection a certificate of	32950
title or memorandum certificate of title showing title to the	32951
off-highway motorcycle or all-purpose vehicle in the name of the	32952
owner. If, when the owner of such a motorcycle or vehicle first	32953
makes application to register it in the owner's name, the	32954
application is not in proper form or if the certificate of title	32955
or memorandum certificate of title does not accompany the	32956
registration, the registration shall be refused and neither a	32957
certificate of registration nor a registration sticker shall be	32958
issued. When a certificate of registration and registration	32959
sticker are issued upon the first registration of an off-highway	32960
motorcycle or all-purpose vehicle by or on behalf of the owner,	32961
the official issuing them shall indicate the issuance with a stamp	32962
on the certificate of title or memorandum certificate of title.	32963

(D) Each deputy registrar shall be allowed a fee of ~~two~~	32964
~~dollars and twenty-five cents~~ three dollars commencing on July 1,	32965
2001, three dollars and twenty-five cents commencing on January 1,	32966
2003, and three dollars and fifty cents commencing on January 1,	32967
2004, for each application or renewal application received by the	32968
deputy registrar, which shall be for the purpose of compensating	32969
the deputy registrar for services, and office and rental expense,	32970
as may be necessary for the proper discharge of the deputy	32971
registrar's duties in the receiving of applications and the	32972
issuing of certificates of registration.	32973

Each deputy registrar, upon receipt of any application for	32974
registration, together with the registration fee, shall transmit	32975
the fee, together with the original and duplicate copy of the	32976
application, to the registrar in such manner and at such times as	32977
the registrar, subject to the approval of the director of public	32978
safety and the treasurer of state, shall prescribe by rule.	32979

Sec. 4519.10. (A) The purchaser of an off-highway	32980
motorcycle or all-purpose vehicle, upon application and proof of	32981
purchase, may obtain a temporary license placard for it. The	32982
application for such a placard shall be signed by the purchaser of	32983
the off-highway motorcycle or all-purpose vehicle. The temporary	32984
license placard shall be issued only for the applicant's use of	32985
the off-highway motorcycle or all-purpose vehicle to enable the	32986
applicant to operate it legally while proper title and a	32987
registration sticker are being obtained and shall be displayed on	32988
no other off-highway motorcycle or all-purpose vehicle. A	32989
temporary license placard issued under this section shall be in a	32990
form prescribed by the registrar of motor vehicles, shall differ	32991
in some distinctive manner from a placard issued under section	32992
4503.182 of the Revised Code, shall be valid for a period of	32993
thirty days from the date of issuance, and shall not be	32994
transferable or renewable. The placard either shall consist of or	32995
be coated with such material as will enable it to remain legible	32996
and relatively intact despite the environmental conditions to	32997
which the placard is likely to be exposed during the thirty-day	32998
period for which it is valid. The purchaser of an off-highway	32999
motorcycle or all-purpose vehicle shall attach the temporary	33000
license placard to it, in a manner prescribed by rules the	33001
registrar shall adopt, so that the placard numerals or letters are	33002
clearly visible.	33003

The fee for a temporary license placard issued under this	33004
section shall be two dollars. If the placard is issued by a	33005
deputy registrar, the deputy registrar shall charge an additional	33006
fee of ~~two dollars and twenty-five cents~~ three dollars commencing	33007
on July 1, 2001, three dollars and twenty-five cents commencing on	33008
January 1, 2003, and three dollars and fifty cents commencing on	33009
January 1, 2004, which the deputy registrar shall retain. The	33010
deputy registrar shall transmit each two-dollar fee received by	33011
the deputy registrar under this section to the registrar, who	33012
shall pay the two dollars to the treasurer of state for deposit	33013
into the state bureau of motor vehicles fund established by	33014
section 4501.25 of the Revised Code.	33015

(B) The registrar may issue temporary license placards to a	33016
dealer to be issued to purchasers for use on vehicles sold by the	33017
dealer, in accordance with rules prescribed by the registrar. The	33018
dealer shall notify the registrar within forty-eight hours of	33019
proof of issuance on a form prescribed by the registrar.	33020

The fee for each such placard issued by the registrar to a	33021
dealer shall be two dollars plus a fee of two dollars and	33022
twenty-five cents.	33023

Sec. 4519.56. (A) An application for a certificate of title	33024
shall be sworn to before a notary public or other officer	33025
empowered to administer oaths by the lawful owner or purchaser of	33026
the off-highway motorcycle or all-purpose vehicle and shall	33027
contain at least the following information in a form and together	33028
with any other information the registrar of motor vehicles may	33029
require:	33030

(1) Name, address, and social security number or employer's	33031
tax identification number of the applicant;	33032

(2) Statement of how the off-highway motorcycle or	33033
all-purpose vehicle was acquired;	33034

(3) Name and address of the previous owner;

33035

(4) A statement of all liens, mortgages, or other	33036
encumbrances on the off-highway motorcycle or all-purpose vehicle,	33037
and the name and address of each holder thereof;	33038

(5) If there are no outstanding liens, mortgages, or other	33039
encumbrances, a statement of that fact;	33040

(6) A description of the off-highway motorcycle or	33041
all-purpose vehicle, including the make, year, series or model, if	33042
any, body type, and manufacturer's vehicle identification number.	33043

If the off-highway motorcycle or all-purpose vehicle contains	33044
a permanent identification number placed thereon by the	33045
manufacturer, this number shall be used as the vehicle	33046
identification number. Except as provided in division (B) of this	33047
section, if the application for a certificate of title refers to	33048
an off-highway motorcycle or all-purpose vehicle that contains	33049
such a permanent identification number, but for which no	33050
certificate of title has been issued previously by this state, the	33051
application shall be accompanied by a physical inspection	33052
certificate as described in that division.	33053

If there is no manufacturer's vehicle identification number	33054
or if the manufacturer's vehicle identification number has been	33055
removed or obliterated, the registrar, upon receipt of a	33056
prescribed application and proof of ownership, but prior to	33057
issuance of a certificate of title, shall assign a vehicle	33058
identification number for the off-highway motorcycle or	33059
all-purpose vehicle. This assigned vehicle identification number	33060
shall be permanently affixed to or imprinted upon the off-highway	33061
motorcycle or all-purpose vehicle by the state highway patrol. The	33062
state highway patrol shall assess a fee of fifty dollars for	33063
affixing the number to the off-highway motorcycle or all-purpose	33064
vehicle and shall deposit each such fee in the state highway	33065
safety fund established by section 4501.06 of the Revised Code.	33066

(B) Except in the case of a new off-highway motorcycle or	33067
all-purpose vehicle sold by a dealer licensed under Chapter 4517.	33068
of the Revised Code title to which is evidenced by a	33069
manufacturer's or importer's certificate, if the application for a	33070
certificate of title refers to an off-highway motorcycle or	33071
all-purpose vehicle that contains a permanent identification	33072
number placed thereon by the manufacturer, but for which no	33073
certificate of title previously has been issued by this state, the	33074
application shall be accompanied by a physical inspection	33075
certificate issued by the department of public safety verifying	33076
the make, year, series or model, if any, body type, and	33077
manufacturer's vehicle identification number of the off-highway	33078
motorcycle or all-purpose vehicle for which the certificate of	33079
title is desired. The physical inspection certificate shall be in	33080
such form as is designated by the registrar. The physical	33081
inspection shall be made at a deputy registrar's office or at an	33082
established place of business operated by a licensed motor vehicle	33083
dealer. The deputy registrar or motor vehicle dealer may charge a	33084
maximum fee of ~~one dollar and fifty cents~~ three dollars commencing	33085
on July 1, 2001, three dollars and twenty-five cents commencing on	33086
January 1, 2003, and three dollars and fifty cents commencing on	33087
January 1, 2004, for conducting the physical inspection.	33088

The clerk of the court of common pleas shall charge a fee of	33089
one dollar and fifty cents for the processing of each physical	33090
inspection certificate. The clerk shall retain fifty cents of the	33091
one dollar and fifty cents so charged and shall pay the remaining	33092
one dollar to the registrar by monthly returns, which shall be	33093
forwarded to the registrar not later than the fifth day of the	33094
month next succeeding that in which the certificate is received by	33095
the clerk. The registrar shall pay such remaining sums into the	33096
state bureau of motor vehicles fund established by section 4501.25	33097
of the Revised Code.	33098

Sec. 4519.69. If the application for a certificate of title	33099
refers to an off-highway motorcycle or all-purpose vehicle last	33100
previously registered in another state, the application shall be	33101
accompanied by a physical inspection certificate issued by the	33102
department of public safety verifying the make, year, series or	33103
model, if any, body type, and manufacturer's identification number	33104
of the off-highway motorcycle or all-purpose vehicle for which the	33105
certificate of title is desired. The physical inspection	33106
certificate shall be in such form as is designated by the	33107
registrar of motor vehicles. The physical inspection of the	33108
off-highway motorcycle or all-purpose vehicle shall be made at a	33109
deputy registrar's office, or at an established place of business	33110
operated by a licensed motor vehicle dealer. Additionally, the	33111
physical inspection of a salvage off-highway motorcycle or	33112
all-purpose vehicle owned by an insurance company may be made at	33113
an established place of business operated by a salvage motor	33114
vehicle dealer licensed under Chapter 4738. of the Revised Code.	33115
The deputy registrar, the motor vehicle dealer, or the salvage	33116
motor vehicle dealer may charge a maximum fee of ~~one dollar and~~	33117
~~fifty cents~~ three dollars commencing on July 1, 2001, three	33118
dollars and twenty-five cents commencing on January 1, 2003, and	33119
three dollars and fifty cents commencing on January 1, 2004, for	33120
conducting the physical inspection.	33121

The clerk of the court of common pleas shall charge a fee of	33122
one dollar and fifty cents for the processing of each physical	33123
inspection certificate. The clerk shall retain fifty cents of the	33124
one dollar and fifty cents so charged and shall pay the remaining	33125
one dollar to the registrar by monthly returns, which shall be	33126
forwarded to the registrar not later than the fifth day of the	33127
month next succeeding that in which the certificate is received by	33128
the clerk. The registrar shall pay such remaining sums into the	33129
state treasury to the credit of the state bureau of motor vehicles	33130
fund established in section 4501.25 of the Revised Code.	33131

Sec. 4701.10. (A) The accountancy board, upon application,	33132
shall issue Ohio permits to practice public accounting to holders	33133
of the CPA certificate ~~of certified public accountant issued under~~	33134
~~section 4701.06 or 4701.061 of the Revised Code and to persons~~	33135
~~registered under sections 4701.07 and 4701.09 of the Revised Code~~	33136
or the PA registration. Subject to division ~~(D)~~(H)(1) of this	33137
section, there shall be a triennial Ohio permit fee in an amount	33138
to be determined by the board not to exceed one hundred fifty	33139
dollars. All Ohio permits shall expire on the last day of	33140
December of the year assigned by the board and, subject to	33141
division ~~(D)~~(H)(1) of this section, shall be renewed triennially	33142
for a period of three years by certificate holders and registrants	33143
in good standing upon payment of a triennial renewal fee not to	33144
exceed one hundred fifty dollars. ~~For the purpose of implementing~~	33145
~~this section and enforcing section 4701.11 of the Revised Code,~~	33146
~~the board may issue an Ohio permit for less than three years'~~	33147
~~duration. A prorated fee shall be determined by the board for~~	33148
~~that Ohio permit.~~	33149

(B) The accountancy board may issue Ohio registrations to	33150
holders of the CPA certificate and the PA registration who are not	33151
engaged in the practice of public accounting. Such persons shall	33152
not convey to the general public that they are actively engaged in	33153
the practice of public accounting in this state. Subject to	33154
division (H)(1) of this section, there shall be a triennial Ohio	33155
registration fee in an amount to be determined by the board but	33156
not exceeding fifty-five dollars. All Ohio registrations shall	33157
expire on the last day of December of the year assigned by the	33158
board and, subject to division (H)(1) of this section, shall be	33159
renewed triennially for a period of three years upon payment by	33160
certificate holders and registrants in good standing of a renewal	33161
fee not to exceed fifty-five dollars.	33162

(C) Any person who receives a CPA certificate and who	33163
applies for an initial Ohio permit or Ohio registration more than	33164
sixty days after issuance of the CPA certificate may, at the	33165
board's discretion, be subject to a late filing fee not exceeding	33166
one hundred dollars.	33167

(D) Any person to whom the board has issued an Ohio permit	33168
who is engaged in the practice of public accounting and who fails	33169
to renew the permit by the expiration date shall be subject to a	33170
late filing fee not exceeding one hundred dollars for each full	33171
month or part of a month after the expiration date in which such	33172
person did not possess a permit, up to a maximum of one thousand	33173
two hundred dollars. The board may waive or reduce the late	33174
filing fee for just cause upon receipt of a written request from	33175
such person.	33176

(E) Any person to whom the board has issued an Ohio permit	33177
or Ohio registration who is not engaged in the practice of public	33178
accounting and who fails to renew the permit or registration by	33179
the expiration date shall be subject to a late filing fee not	33180
exceeding fifty dollars for each full month or part of a month	33181
after the expiration date in which such person did not possess a	33182
permit or registration, up to a maximum of three hundred dollars.	33183
The board may waive or reduce the late filing fee for just cause	33184
upon receipt of a written request from such person.	33185

(F) Failure of ~~any~~ a CPA certificate holder or ~~registrant~~ PA	33186
registration holder to apply for ~~a triennial~~ either an Ohio permit	33187
~~to practice~~ or an Ohio registration within ~~three years~~ one year	33188
from the expiration date of the Ohio permit ~~to practice~~ or Ohio	33189
registration last obtained or renewed, or ~~three years~~ one year	33190
from the date upon which the CPA certificate holder ~~or registrant~~	33191
was granted a CPA certificate ~~or registration~~, shall result in	33192
suspension of the CPA certificate or PA registration until all	33193
fees required under divisions (D) and (E) of this section have	33194
been paid, unless the board determines the failure to have been	33195
due to excusable neglect. In that case, the ~~renewal fee or the~~	33196
fee for the issuance or renewal of the ~~original~~ Ohio permit or	33197
Ohio registration, as the case may be, shall be the amount that	33198
the board shall determine, but not in excess of fifty dollars plus	33199
the fee for each triennial period or part of a period the	33200
certificate holder or registrant did not have either an Ohio	33201
permit or an Ohio registration.	33202

~~(B) All certificate holders and registrants who are not in~~	33203
~~the practice of public accounting in this state shall register~~	33204
~~with the board every three years at a fee, not to exceed~~	33205
~~fifty-five dollars, established by the board. Such persons shall~~	33206
~~not convey to the general public that they are actively engaged in~~	33207
~~the practice of public accounting in this state.~~	33208

~~(C)~~(G) The board ~~shall suspend the certificate or~~	33209
~~registration of any person failing to obtain an Ohio permit in~~	33210
~~accordance with this section, except that the board~~ by rule may	33211
exempt persons from the requirement of holding an Ohio permit or	33212
Ohio registration for specified reasons, including, but not	33213
limited to, retirement, health reasons, military service, foreign	33214
residency, or other just cause.	33215

~~(D)~~(H)(1) ~~On and after January 1, 1995, the~~ The board, by	33216
rule ~~adopted in accordance with Chapter 119. of the Revised Code,~~	33217
~~shall increase~~:	33218

(a) May provide for the issuance of Ohio permits and Ohio	33219
registrations for less than three years' duration at prorated	33220
fees;	33221

(b) Shall add a surcharge to the ~~triennial~~ Ohio permit and	33222
~~renewal~~ Ohio registration fee imposed pursuant to this section by	33223
of at least fifteen dollars but no more than thirty dollars for a	33224
three-year Ohio permit or Ohio registration, at least ten dollars	33225
but no more than twenty dollars for a two-year Ohio permit or Ohio	33226
registration, and at least five dollars but no more than ten	33227
dollars for a one-year Ohio permit or Ohio registration.	33228

(2) ~~Beginning with the first quarter of 1995 and each~~ Each	33229
quarter ~~thereafter~~, the board, for the purpose provided in section	33230
4743.05 of the Revised Code, shall certify to the director of	33231
budget and management the number of ~~triennial~~ Ohio permits and	33232
Ohio registrations issued or renewed under this chapter during the	33233
preceding quarter and the amount equal to that number times the	33234
amount ~~by which~~ of the ~~triennial~~ surcharge added to each Ohio	33235
permit and ~~renewal~~ Ohio registration fee ~~is increased~~ by the board	33236
under division ~~(D)~~(H)(1) of this section.	33237

Sec. 4701.16. (A) After notice and hearing as provided in	33238
Chapter 119. of the Revised Code, the accountancy board may	33239
discipline as described in division (B) of this section a person	33240
holding an Ohio permit, an Ohio registration, a firm registration,	33241
a CPA certificate, or a PA registration or any other person whose	33242
activities are regulated by the board for any one or any	33243
combination of the following causes:	33244

(1) Fraud or deceit in obtaining a firm registration or in	33245
obtaining a CPA certificate, a PA registration, an Ohio permit, or	33246
an Ohio registration;	33247

(2) Dishonesty, fraud, or gross negligence in the practice	33248
of public accounting;	33249

(3) Violation of any of the provisions of section 4701.14 of	33250
the Revised Code;	33251

(4) Violation of a rule of professional conduct promulgated	33252
by the board under the authority granted by this chapter;	33253

(5) Conviction of a felony under the laws of any state or of	33254
the United States;	33255

(6) Conviction of any crime, an element of which is	33256
dishonesty or fraud, under the laws of any state or of the United	33257
States;	33258

(7) Cancellation, revocation, suspension, or refusal to	33259
renew authority to practice as a certified public accountant, a	33260
public accountant, or a public accounting firm by any other state,	33261
for any cause other than failure to pay registration fees in that	33262
other state;	33263

(8) Suspension or revocation of the right to practice before	33264
any state or federal agency;	33265

(9) Failure of a holder of a CPA certificate or PA	33266
registration to obtain an Ohio permit or an Ohio registration, or	33267
the failure of a public accounting firm to obtain a firm	33268
registration;	33269

(10) Conduct discreditable to the public accounting	33270
profession or to the holder of an Ohio permit, Ohio registration,	33271
or foreign certificate;	33272

(11) Failure of a public accounting firm to comply with	33273
section 4701.04 of the Revised Code.	33274

(B) For any of the reasons specified in division (A) of this	33275
section, the board may do any of the following:	33276

(1) Revoke, suspend, or refuse to renew any CPA certificate	33277
or PA registration or any Ohio permit, Ohio registration, or firm	33278
registration;	33279

(2) Disqualify a person who is not a holder of an Ohio	33280
permit or a foreign certificate from owning an equity interest in	33281
a public accounting firm or qualified firm;	33282

(3) Publicly censure a registered firm or a holder of a CPA	33283
certificate, a PA registration, an Ohio permit, or an Ohio	33284
registration;	33285

(4) Levy against a registered firm or a holder of a CPA	33286
certificate, a PA registration, an Ohio permit, or an Ohio	33287
registration a penalty or fine not to exceed ~~one~~ five thousand	33288
dollars for each offense. Any fine shall be reasonable and in	33289
relation to the severity of the offense.	33290

(5) In the case of violations of division (A)(2) or (4) of	33291
this section, require completion of remedial continuing education	33292
programs prescribed by the board in addition to those required by	33293
section 4701.11 of the Revised Code;	33294

(6) In the case of violations of division (A)(2) or (4) of	33295
this section, require the holder of a CPA certificate, PA	33296
registration, or firm registration to submit to a peer review by a	33297
professional committee designated by the board, which committee	33298
shall report to the board concerning that holder's compliance with	33299
generally accepted accounting principles, generally accepted	33300
auditing standards, or other generally accepted technical	33301
standards;	33302

(7) Revoke or suspend the privileges to offer or render	33303
attest services in this state or to use a CPA title or designation	33304
in this state of an individual who holds a foreign certificate.	33305

(C) If the board levies a fine against or suspends the	33306
certificate of a person or registration of a person or firm for a	33307
violation of division (A)(2) or (4) of this section, it may waive	33308
all or any portion of the fine or suspension if the holder of the	33309
CPA certificate, PA registration, or firm registration complies	33310
fully with division (B)(5) or (6) of this section.	33311

Sec. 4707.01. As used in sections 4707.01 to 4707.22 and	33312
4707.99 of the Revised Code:	33313

(A) "Auction" means a sale of real or personal property,	33314
goods, or chattels by means of verbal exchange or physical gesture	33315
between an auctioneer or apprentice auctioneer and members of ~~his~~	33316
the audience, the exchanges and gestures consisting of a series of	33317
invitations for offers made by the auctioneer and offers by	33318
members of the audience, with the right to acceptance of offers	33319
with the auctioneer or apprentice auctioneer.	33320

(B) "Auctioneer" means any person who engages, or who by	33321
advertising or otherwise holds ~~himself~~ self out as being able to	33322
engage, in the calling for, recognition of, and the acceptance of,	33323
offers for the purchase of real or personal property, goods, or	33324
chattels at auction either directly or through the use of other	33325
licensed auctioneers or apprentice auctioneers.	33326

(C) "Apprentice auctioneer" means any individual who is	33327
sponsored by an auctioneer to deal or engage in any activities	33328
mentioned in division (A) of this section.	33329

(D) "Auction company" means any person, excluding licensed	33330
auctioneers, who does business solely in ~~his~~ the auctioneer's	33331
individual name, who sells, either directly or through agents,	33332
real or personal property, goods, or chattels at auction, or who	33333
arranges, sponsors, manages, conducts, or advertises auctions and	33334
who was licensed as an auction company by the department of	33335
~~commerce~~ agriculture as of May 1, 1991. An auction company does	33336
not mean either of the following:	33337

(1) A sale barn or livestock auction market that is used	33338
exclusively for the auctioneering of livestock and is licensed by	33339
the department of agriculture under Chapter 943. of the Revised	33340
Code;	33341

(2) A business that is licensed by the bureau of motor	33342
vehicles under Chapter 4517. of the Revised Code and is	33343
exclusively engaged in the auction sale of motor vehicles to	33344
dealers licensed by either the bureau of motor vehicles or a	33345
bureau of motor vehicles of another jurisdiction or its	33346
equivalent.	33347

(E) "Special auctioneer" means any person who is licensed as	33348
an auction company by the department of ~~commerce~~ agriculture as of	33349
May 1, 1991, and currently is subject to section 4707.071 of the	33350
Revised Code.	33351

Sec. 4707.011. The department of ~~commerce~~ agriculture shall	33352
administer this chapter ~~through the division of real estate and~~	33353
~~professional licensing and the superintendent of real estate and~~	33354
~~professional licensing~~.	33355

Sec. 4707.02. No person shall act as an auctioneer,	33356
apprentice auctioneer, or special auctioneer within this state	33357
without a license issued by the department of ~~commerce~~	33358
agriculture. No auction shall be conducted in this state except	33359
by an auctioneer licensed by the department.	33360

The department shall not issue or renew a license if the	33361
applicant or licensee has been convicted of a felony or crime	33362
involving fraud in this or another state at any time during the	33363
ten years immediately preceding application or renewal.	33364

This section does not apply to:

33365

(A) Sales at auction conducted by or under the direction of	33366
any public authority, or sales required by law to be at auction	33367
other than sales pursuant to a judicial order or decree;	33368

(B) The owner of any real or personal property desiring to	33369
sell the property at auction, provided that the property was not	33370
acquired for the purpose of resale.	33371

Sec. 4707.03. A state auctioneers commission shall be	33372
created within the department of ~~commerce~~ agriculture as follows:	33373

(A) The governor, with the advice and consent of the senate,	33374
shall appoint a commission consisting of three members, each of	33375
whom immediately prior to the date of ~~his~~ appointment has been a	33376
resident of this state for five years, and whose vocation for a	33377
period of at least five years has been that of an auctioneer.	33378
Terms of office shall be for three years, commencing on the tenth	33379
day of October and ending on the ninth day of October. Each	33380
member shall hold office from the date of ~~his~~ appointment until	33381
the end of the term for which ~~he was~~ appointed. Any member	33382
appointed to fill a vacancy occurring prior to the expiration of	33383
the term for which ~~his~~ the member's predecessor was appointed	33384
shall hold office for the remainder of such term. Any member	33385
shall continue in office subsequent to the expiration date of ~~his~~	33386
the member's term until ~~his~~ the member's successor takes office,	33387
or until a period of sixty days has elapsed, whichever occurs	33388
first.	33389

(B) At no time shall there be more than two members of the	33390
same political party serving on the commission.	33391

Sec. 4707.04. (A) The state auctioneers commission shall,	33392
upon qualification of the member appointed in each year, select	33393
from its members a ~~chairman~~ chairperson, and shall serve in an	33394
advisory capacity to the department of ~~commerce~~ agriculture for	33395
the purpose of carrying out sections 4707.01 to 4707.22 of the	33396
Revised Code. The commission shall meet not less than four times	33397
annually.	33398

(B) Each commissioner shall receive ~~his~~ the commissioner's	33399
actual and necessary expenses incurred in the discharge of such	33400
duties.	33401

Sec. 4707.05. All fees and charges collected by the	33402
department of ~~commerce~~ agriculture pursuant to this chapter shall	33403
be paid into the state treasury to the credit of the auctioneers	33404
fund, which is hereby created. All expenses incurred by the	33405
department in administering this chapter shall be paid out of the	33406
fund. The total expenses incurred by the department in the	33407
administration of this chapter shall not exceed the total fees,	33408
charges, fines, and penalties imposed under sections 4707.08,	33409
4707.10, and 4707.99 of the Revised Code and paid to the treasurer	33410
of state. The department may conduct education programs for the	33411
enlightenment and benefit of all auctioneers who have paid fees	33412
pursuant to sections 4707.08 and 4707.10 of the Revised Code.	33413

Out of the moneys credited pursuant to this section, the fund	33414
shall be assessed a proportionate share of the administrative	33415
costs of the department in accordance with procedures prescribed	33416
by the director of ~~commerce~~ agriculture and approved by the	33417
director of budget and management. The assessment shall be paid	33418
from the auctioneers fund to the division of administration fund.	33419

Sec. 4707.06. The department of ~~commerce~~ agriculture shall	33420
maintain a record of the names and addresses of all auctioneers	33421
and apprentice auctioneers, and special auctioneers licensed by	33422
the department. This record shall also include a list of all	33423
persons whose licenses have been suspended or revoked, as well as	33424
any other information relative to the enforcement of sections	33425
4707.01 to 4707.22 of the Revised Code, as the department may deem	33426
of interest to the public.	33427

Sec. 4707.07. (A) The department of ~~commerce~~ agriculture	33428
may grant auctioneers' licenses to those persons deemed qualified	33429
by the department. Each person who applies for an auctioneer's	33430
license shall furnish to the department, on forms provided by the	33431
department, satisfactory proof that the applicant:	33432

(1) Has a good reputation;

33433

(2) Is of trustworthy character;

33434

(3) Has attained the age of at least eighteen years;

33435

(4) Has done one of the following:

33436

(a) Met the apprenticeship requirements set forth in section	33437
4707.09 of the Revised Code;	33438

(b) Met the requirements of section 4707.12 of the Revised	33439
Code.	33440

(5) Has a general knowledge of the following:

33441

(a) The requirements of the Revised Code relative to	33442
auctioneers;	33443

(b) The auction profession;

33444

33445

(B) Auctioneers who served apprenticeships and who hold	33446
licenses issued before May 1, 1991, and who seek renewal of their	33447
licenses, are not subject to the additional apprenticeship	33448
requirements imposed by section 4707.08 of the Revised Code.	33449

(C) The department may issue an auctioneer's license to a	33450
partnership, association, or corporation if all the partners,	33451
members, or officers thereof who are authorized to perform the	33452
functions of an auctioneer as agents of the applicant are	33453
themselves licensed as auctioneers under this chapter.	33454

An application for an auctioneer's license filed by a	33455
partnership or association shall contain a listing of the names of	33456
all of the licensed partners, members, or other persons who are	33457
authorized to perform the functions of an auctioneer as agents of	33458
the applicant. An application filed by a corporation shall	33459
contain the names of its president and of each of its licensed	33460
officers and any other person who is authorized to perform the	33461
functions of an auctioneer as an agent of the applicant.	33462

(D) A licensee may do business under more than one	33463
registered name if the names have been approved by the department.	33464
The department may reject the application of any person seeking	33465
licensure under this chapter if the name or names to be used by	33466
the applicant are likely to mislead the public, or if the name or	33467
names do not distinguish the applicant from the name or names of	33468
any existing person licensed under this chapter. If an applicant	33469
applies to the department to do business under more than two	33470
names, the department may charge a fee of ten dollars for the	33471
third name and each additional name.	33472

Sec. 4707.071. (A) On May 1, 1991, all persons licensed as	33473
auction companies under former section 4707.071 of the Revised	33474
Code shall comply with all provisions of this chapter that are	33475
applicable to auctioneers except as provided in divisions (B) and	33476
(C) of this section. Such persons, however, do not have to serve	33477
an apprenticeship or attend a course of study under section	33478
4707.09 of the Revised Code or submit to an examination under	33479
section 4707.08 of the Revised Code as long as they do not engage	33480
in the calling for, recognition of, and the acceptance of, offers	33481
for the purchase of personal property at auction and do not	33482
conduct auctions at any location other than the definite place of	33483
business required in section 4707.14 of the Revised Code.	33484

(B) The principal owner of each auction company which is	33485
licensed as of May 1, 1991, who pays the annual renewal fee	33486
specified in division (A) of section 4707.10 of the Revised Code	33487
during the first renewal period following May 1, 1991, shall be	33488
issued a special auctioneer's license, for the sale of personal	33489
property subject to division (A) of this section. Each principal	33490
owner shall apply for an annual license. In applying for an	33491
annual license, each person licensed as an auction company on May	33492
1, 1991, shall designate an individual as principal owner by	33493
submitting documentation substantiating that the individual is in	33494
fact the principal owner and shall identify a definite place of	33495
business as required in section 4707.14 of the Revised Code. A	33496
person licensed as an auctioneer shall not be entitled to a	33497
special auctioneer's license.	33498

(C) A special auctioneer's license issued under this section	33499
to the principal owner of a former auction company does not	33500
entitle the principal owner or former auction company to conduct	33501
auctions at any location other than the definite place of business	33502
required in section 4707.14 of the Revised Code. Notwithstanding	33503
section 4707.10 of the Revised Code, the department of agriculture	33504
shall not issue a new special auctioneer's license if the definite	33505
place of business identified by the licensee in the licensee's	33506
initial application for a special auctioneer license has changed	33507
or if the name under which the licensee is doing business has	33508
changed. No person other than an owner, officer, member, or agent	33509
of the former auction company who personally has ~~himself~~ passed	33510
the examination prescribed in section 4707.08 of the Revised Code	33511
and been licensed as an auctioneer shall engage in the calling	33512
for, recognition of, and the acceptance of, offers for the	33513
purchase of real or personal property, goods, or chattels at	33514
auction in connection with a former auction company that has been	33515
issued a special auctioneer's license.	33516

(D) A person licensed as a special auctioneer shall not	33517
engage in the sale of real property at auction.	33518

Sec. 4707.072. The department of ~~commerce~~ agriculture may	33519
grant one-auction licenses to any nonresident person deemed	33520
qualified by the department. Any person who applies for a	33521
one-auction license shall attest, on forms provided by the	33522
department, and furnish to the department, satisfactory proof that	33523
the license applicant or any auctioneer affiliated with the	33524
applicant meets the following requirements:	33525

(A) Has a good reputation;

33526

(B) Is of trustworthy character;

33527

33528

(D) Has a general knowledge of the requirements of the	33529
Revised Code relative to auctioneers, the auction profession, and	33530
the principles involved in conducting an auction;	33531

(E) Has two years of professional auctioneering experience	33532
immediately preceding the date of application and the experience	33533
includes the personal conduct by the applicant of at least twelve	33534
auction sales in any state, or has met the requirements of section	33535
4707.12 of the Revised Code;	33536

(F) Has paid a fee of one hundred dollars, which shall be	33537
credited to the auctioneers fund;	33538

(G) Has provided proof of the bond required under section	33539
4707.11 of the Revised Code.	33540

Sec. 4707.08. (A) The department of ~~commerce~~ agriculture	33541
shall hold written examinations four times each year for the	33542
purpose of testing the qualifications required for obtaining a	33543
license under section 4707.07 of the Revised Code and twelve times	33544
each year for obtaining a license under section 4707.09 of the	33545
Revised Code. In addition to the written examination, auctioneer	33546
license applicants shall pass an oral examination administered by	33547
the state auctioneers commission on the same date and at the same	33548
location as the written examination. An examination shall not be	33549
required for the renewal of any license unless such license has	33550
been revoked, suspended, or allowed to expire without renewal, in	33551
which case the applicant shall take and pass the appropriate	33552
examinations offered by the department.	33553

An examination fee of twenty-five dollars shall be collected	33554
from each person taking the auctioneer examination and fifteen	33555
dollars from each person taking the apprentice auctioneer	33556
examination to defray expenses of holding such examinations.	33557

(B) All applications and proofs must be filed by each	33558
applicant before the scheduled date of examination, and must be	33559
accompanied by a bond and license fee.	33560

Sec. 4707.09. The department of ~~commerce~~ agriculture may	33561
grant apprentice auctioneers' licenses to those persons deemed	33562
qualified by the department. Every applicant for an apprentice	33563
auctioneer's license must pass an examination relating to the	33564
skills, knowledge, and statutes and regulations governing	33565
auctioneers. Every applicant for an apprentice auctioneer's	33566
license shall furnish to the department, on forms provided by the	33567
department, satisfactory proof that the applicant:	33568

(A) Has a good reputation;

33569

(B) Is of trustworthy character;

33570

33571

(D) Has obtained a written promise of a licensed auctioneer	33572
to sponsor the applicant during ~~his~~ the applicant's	33573
apprenticeship.	33574

Before an apprentice may take the auctioneer's license	33575
examination, he the apprentice shall serve an apprenticeship of at	33576
least twelve months, successfully complete a course of study in	33577
auctioneering at an institution that is approved every three years	33578
by the state auctioneers commission, and conduct, as a bid caller,	33579
at least twelve auction sales under the direct supervision of the	33580
sponsoring licensed auctioneer, which sales shall be certified by	33581
the licensed auctioneer on the apprentice's application for an	33582
auctioneer's license.	33583

If an auctioneer intends to terminate ~~his~~ sponsorship of an	33584
apprentice auctioneer, the sponsoring auctioneer shall notify the	33585
apprentice auctioneer of ~~his~~ the sponsoring auctioneer's intention	33586
by certified mail, return receipt requested, at least ten days	33587
prior to the effective date of termination and, at the same time,	33588
shall deliver or mail by certified mail to the department of	33589
~~commerce~~ agriculture a copy of the termination notice and the	33590
license of the apprentice auctioneer. No apprentice auctioneer	33591
shall perform any acts under authority of ~~his~~ the apprentice's	33592
license after the effective date of the termination until he the	33593
apprentice receives a new license bearing the name and address of	33594
~~his~~ the apprentice's new sponsor. No more than one license shall	33595
be issued to any apprentice auctioneer for the same period of	33596
time.	33597

No licensed auctioneer shall have under ~~his~~ the licensed	33598
auctioneer's sponsorship more than two apprentice auctioneers at	33599
one time.	33600

An apprentice auctioneer may terminate ~~his~~ the apprentice's	33601
sponsorship with an auctioneer by notifying the auctioneer of ~~his~~	33602
the apprentice's intention by certified mail, return receipt	33603
requested, at least ten days prior to the effective date of	33604
termination. At the same time, he the apprentice shall deliver or	33605
mail by certified mail to the department of ~~commerce~~ agriculture a	33606
copy of the termination notice. Upon receiving the termination	33607
notice, the sponsoring auctioneer shall promptly deliver or mail	33608
by certified mail to the department the license of the apprentice	33609
auctioneer.	33610

The termination of a sponsorship, regardless of who initiates	33611
the termination, shall not be cause for an apprentice auctioneer	33612
to lose credit for any certified sales he the apprentice conducted	33613
or apprenticeship time he the apprentice served under the direct	33614
supervision of the former sponsor.	33615

Sec. 4707.10. (A) The fee for each auctioneer's, apprentice	33616
auctioneer's, or special auctioneer's license issued by the	33617
department of ~~commerce~~ agriculture is one hundred dollars, and the	33618
annual renewal fee for any such license is one hundred dollars.	33619
All licenses expire annually on the last day of June of each year	33620
and shall be renewed according to the standard renewal procedures	33621
of Chapter 4745. of the Revised Code, or the procedures of this	33622
section. Any licensee under this chapter who wishes to renew ~~his~~	33623
the licensee's license but fails to do so before the first day of	33624
July shall reapply for licensure in the same manner and pursuant	33625
to the same requirements as for initial licensure, unless before	33626
the first day of September of the year of expiration, the former	33627
licensee pays to the department, in addition to the regular	33628
renewal fee, a late renewal penalty of one hundred dollars.	33629

(B) Any person who fails to renew ~~his~~ the person's license	33630
before the first day of July is prohibited from engaging in any	33631
activity specified or comprehended in section 4707.01 of the	33632
Revised Code until such time as ~~his~~ the person's license is	33633
renewed or a new license is issued. Renewal of a license between	33634
the first day of July and the first day of September does not	33635
relieve any person from complying with this division. The	33636
department may refuse to renew the license of or issue a new	33637
license to any person who violates this division.	33638

(C) The department shall prepare and deliver to each	33639
licensee a permanent license certificate and an annual renewal	33640
card, the appropriate portion of which shall be carried on the	33641
person of the licensee at all times when engaged in any type of	33642
auction activity, and part of which shall be posted with the	33643
permanent certificate in a conspicuous location at the licensee's	33644
place of business.	33645

(D) Notice in writing shall be given to the department by	33646
each auctioneer or apprentice auctioneer licensee of any change of	33647
principal business location or any change or addition to the name	33648
or names under which business is conducted, whereupon the	33649
department shall issue a new license for the unexpired period. Any	33650
change of business location or change or addition of names without	33651
notification to the department shall automatically cancel any	33652
license previously issued. For each new auctioneer or apprentice	33653
auctioneer license issued upon the occasion of a change in	33654
business location or a change in or an addition of names under	33655
which business is conducted, the department may collect a fee of	33656
ten dollars for each change in location, or name or each added	33657
name unless the notification of the change occurs concurrently	33658
with the renewal application.	33659

Sec. 4707.11. Each application for an auctioneer's,	33660
apprentice auctioneer's, or auction company license shall be	33661
accompanied by a bond in the sum of ten thousand dollars, except	33662
that:	33663

(A) An individual licensed as an auctioneer under this	33664
chapter that applies for an auction company license shall not be	33665
required to file a bond for the auction company license if the	33666
applicant has filed a bond in connection with the auctioneer's	33667
license.	33668

(B) A partnership, association, or corporation that applies	33669
for an auction company license shall file a blanket bond in the	33670
name of such partnership, association, or corporation in an amount	33671
equal to ten thousand dollars times the number of members,	33672
employees, or officers thereof who are authorized to perform the	33673
functions of an auctioneer as agents of the applicant. The	33674
maximum total amount payable under such blanket bond for a failure	33675
of each such individual member or officer of the applicant to	33676
conduct business in accordance with sections 4707.01 to 4707.22 of	33677
the Revised Code shall be ten thousand dollars.	33678

(C) A licensed auctioneer member, employee, or officer of a	33679
partnership, association, or corporation licensed as an auction	33680
company under this chapter shall not be required to file a bond in	33681
~~his~~ the licensee's own name in connection with ~~his~~ the	33682
auctioneer's license; except that if such auctioneer acts at any	33683
time in any auction capacity other than as an agent for such	33684
auction company, the auctioneer must file an individual bond, as	33685
set forth in this section. The bond may be either a cash bond or	33686
a surety bond and, if a surety bond, it shall be executed by a	33687
surety company authorized to do business in this state. Such	33688
surety bond shall be made to the department of agriculture and the	33689
bond shall be conditioned that the applicant shall conduct ~~his~~ the	33690
applicant's business in accordance with sections 4707.01 to	33691
4707.22 of the Revised Code. All bonds shall be in a form	33692
approved by the department.	33693

The department shall not issue an auctioneer's, apprentice	33694
auctioneer's, or auction company license until bond has been filed	33695
in accordance with this section.	33696

Sec. 4707.111. The state, through the department of ~~commerce~~	33697
agriculture and in accordance with this chapter, shall solely	33698
regulate auctioneers and the conduct of auction sales.	33699

By enactment of this chapter, it is the intent of the general	33700
assembly to preempt municipal corporations and other political	33701
subdivisions from the regulation and licensing of auctioneers and	33702
auction sales.	33703

At least twenty-four hours prior to an auction, the person	33704
licensed under this chapter to conduct the auction shall notify	33705
the chief of police of the municipal corporation in which the	33706
auction site is located, or if the site is in the unincorporated	33707
area of a county, the county sheriff as to the location and time	33708
of the auction and give to that officer a general description of	33709
the items offered for sale.	33710

Sec. 4707.12. A nonresident may operate as an auctioneer,	33711
apprentice auctioneer, or special auctioneer within the state by	33712
conforming to this chapter.	33713

The department of ~~commerce~~ agriculture may, within its	33714
discretion, waive the testing and schooling requirements for a	33715
nonresident, provided he the nonresident holds a valid auctioneer	33716
or apprentice auctioneer license issued by a state with which the	33717
department has entered into a reciprocal licensing agreement.	33718
Nonresidents wishing to so operate in this state shall make	33719
application in writing to the department and furnish the	33720
department with proof of their ability to conduct an auction,	33721
proof of license and bond if they reside in a state with these	33722
requirements, as well as other information which the department	33723
may request.	33724

This section does not apply to nonresident auctioneers who	33725
reside in states under the laws of which similar recognition and	33726
courtesies are not extended to licensed auctioneers of this state.	33727

Sec. 4707.13. Any nonresident who applies for permission to	33728
operate as an auctioneer within this state shall file an	33729
irrevocable consent with the department of ~~commerce~~ agriculture	33730
that suits and actions may be commenced against such applicant in	33731
any court of competent jurisdiction within this state by service	33732
of process upon the secretary of state. Said consent shall agree	33733
that the service of such process shall be held in all courts to be	33734
valid and binding as if service had been made upon the applicant	33735
within this state.	33736

Sec. 4707.15. The department of ~~commerce~~ agriculture may	33737
suspend or revoke the license of any auctioneer, apprentice	33738
auctioneer, or special auctioneer for any of the following causes:	33739

(A) Obtaining a license through false or fraudulent	33740
representation;	33741

(B) Making any substantial misrepresentation in an	33742
application for an auctioneer's, apprentice auctioneer's, or	33743
special auctioneer's license;	33744

(C) A continued course of misrepresentation or for making	33745
false promises through agents, advertising, or otherwise;	33746

(D) Failing to account for or remit, within a reasonable	33747
time, any money belonging to others that comes into ~~his~~ the	33748
licensee's possession, and for commingling funds of others with	33749
~~his~~ the licensee's own, or failing to keep such funds of others in	33750
an escrow or trustee account, except that in the case of a	33751
transaction involving real estate, such funds shall be maintained	33752
in accordance with division (A)(26) of section 4735.18 of the	33753
Revised Code;	33754

(E) Paying valuable consideration to any person who has	33755
violated this chapter;	33756

(F) Conviction in a court of competent jurisdiction of this	33757
state or any other state of a criminal offense involving fraud or	33758
a felony;	33759

(G) Violation of this chapter;

33760

(H) Failure to furnish voluntarily at the time of execution,	33761
copies of all written instruments prepared by the auctioneer;	33762

(I) Any conduct of an auctioneer which demonstrates bad	33763
faith, dishonesty, incompetency, or untruthfulness;	33764

(J) Any other conduct that constitutes improper, fraudulent,	33765
or dishonest dealings;	33766

(K) Failing prior to the sale at public auction to enter	33767
into a written contract with the owner or consignee of any	33768
property to be sold, containing the terms and conditions upon	33769
which such licensee received the property for sale;	33770

(L) The use of any power of attorney to circumvent this	33771
chapter;	33772

(M) Failure to display a notice conspicuously at the clerk's	33773
desk or on a bid card that clearly states the terms and conditions	33774
of the sale, the name of the auctioneer or special auctioneer	33775
conducting the sale, and that the auctioneer or special auctioneer	33776
is licensed by the department of ~~commerce~~ agriculture and has	33777
filed a bond;	33778

(N) Failure to notify the department of any conviction of a	33779
felony or crime involving fraud within fifteen days of conviction;	33780

(O) Acting in the capacity of an auctioneer, whether for	33781
valuable consideration or not, for any special auctioneer that is	33782
not licensed under this chapter.	33783

Sec. 4707.152. In lieu of suspending or revoking a license	33784
under section 4707.15 of the Revised Code, the department of	33785
~~commerce~~ agriculture may issue a written reprimand to any	33786
licensee who violates any provision of this chapter.	33787

Sec. 4707.16. (A) The department of ~~commerce~~ agriculture	33788
may, upon its own motion, and shall upon the verified written	33789
complaint of any person, investigate the actions of any	33790
auctioneer, apprentice auctioneer, or special auctioneer, any	33791
applicant for an auctioneer's, apprentice auctioneer's, or special	33792
auctioneer's license, or any person who assumes to act in that	33793
capacity, if the complaint, together with other evidence presented	33794
in connection with it, makes out a prima-facie case.	33795

If the department determines that any such applicant is not	33796
entitled to receive a license, a license shall not be granted to	33797
such applicant, and if the department determines that any licensee	33798
is guilty of a violation of section 4707.14 or 4707.15 of the	33799
Revised Code, the department may suspend or revoke the license.	33800
Any auctioneer, apprentice auctioneer, or special auctioneer who	33801
has had ~~his~~ the auctioneer's, apprentice auctioneer's, or special	33802
auctioneer's license revoked shall not be issued another such	33803
license for a period of two years from the date of revocation.	33804

(B) The department ~~of commerce~~ may investigate complaints	33805
concerning the violation of sections 4707.02 and 4707.15 of the	33806
Revised Code and may subpoena witnesses in connection with such	33807
investigations as provided in this section. The department may	33808
make application to the court of common pleas for an order	33809
enjoining the violation of sections 4707.02 and 4707.15 of the	33810
Revised Code, and upon a showing by the department that any	33811
licensed auctioneer, apprentice auctioneer, or special auctioneer	33812
has violated or is about to violate section 4707.15 of the Revised	33813
Code, or any person has violated or is about to violate section	33814
4707.02 of the Revised Code, an injunction, restraining order, or	33815
other order as may be appropriate shall be granted by the court.	33816

(C) The department ~~of commerce~~ may compel by subpoena the	33817
attendance of witnesses to testify in relation to any matter over	33818
which it has jurisdiction and which is the subject of inquiry and	33819
investigation by it, and require the production of any book,	33820
paper, or document pertaining to such matter. In case any person	33821
fails to file any statement or report, obey any subpoena, give	33822
testimony, or produce any books, records, or papers as required by	33823
such a subpoena, the court of common pleas of any county in the	33824
state, upon application made to it by the department, shall compel	33825
obedience by attachment proceedings for contempt, as in the case	33826
of disobedience of the requirements of a subpoena issued from such	33827
court, or a refusal to testify therein.	33828

(D) When the department determines that a person not	33829
licensed under this chapter is engaged in or is believed to be	33830
engaged in activities for which a license is required under this	33831
chapter, the department may issue an order to that person	33832
requiring ~~him~~ the person to show cause as to why he the person	33833
should not be subject to licensing under this chapter. If the	33834
department, after a hearing, determines that the activities in	33835
which the person is engaged are subject to licensing under this	33836
chapter, the department may issue a cease-and-desist order which	33837
shall describe the person and activities which are subject to the	33838
order. A cease-and-desist order issued under this section shall	33839
be enforceable in and may be appealed to the common pleas courts	33840
of this state under Chapter 119. of the Revised Code.	33841

Sec. 4707.19. The department of ~~commerce~~ agriculture may	33842
make reasonable rules necessary for the implementation of the	33843
provisions of this chapter pursuant to Chapter 119. of the Revised	33844
Code. The department may hear testimony in matters relating to	33845
the duties imposed on it, and any person authorized by the	33846
director of ~~commerce~~ agriculture may administer oaths. The	33847
department may require other proof of the honesty, truthfulness,	33848
and good reputation of any person named in the application for an	33849
auctioneer's, apprentice auctioneer's, or special auctioneer's	33850
license before admitting the applicant to an examination or	33851
issuing a license.	33852

Sec. 4707.20. (A) No person shall act as an auctioneer or	33853
special auctioneer on a sale at auction until the person has first	33854
entered into a written contract or agreement in duplicate with the	33855
owner or consignee of any property to be sold, containing the	33856
terms and conditions upon which the licensee receives or accepts	33857
the property for sale at auction. The contracts or agreements	33858
shall, for a period of two years, be kept on file in the office of	33859
every person so licensed. No apprentice auctioneer shall be	33860
authorized to enter into such contract or agreement without the	33861
written consent of the apprentice auctioneer's sponsoring	33862
auctioneer and all contracts or agreements shall be made in the	33863
name of and on behalf of the sponsoring auctioneer.	33864

(B) On all contracts or agreements between an auctioneer or	33865
special auctioneer and the owner or consignee, there shall appear	33866
a prominent statement indicating that the auctioneer or special	33867
auctioneer is licensed by the department of ~~commerce~~ agriculture,	33868
and is bonded in favor of the state.	33869

(C) The auctioneer or special auctioneer who contracts with	33870
the owner is liable for the settlement of all money received,	33871
including the payment of all expenses incurred only by the	33872
licensee and the distribution of all funds, in connection with an	33873
auction.	33874

Sec. 4707.21. No auctioneer, apprentice auctioneer, or	33875
special auctioneer shall willfully neglect or refuse to furnish	33876
the department of ~~commerce~~ agriculture statistics or other	33877
information in ~~his~~ the auctioneer's, apprentice auctioneer's, or	33878
special auctioneer's possession or under ~~his~~ the auctioneer's,	33879
apprentice auctioneer's, or special auctioneer's control, which he	33880
the auctioneer, apprentice auctioneer, or special auctioneer is	33881
authorized to collect; nor shall he the auctioneer, apprentice	33882
auctioneer, or special auctioneer neglect or refuse, for more than	33883
thirty days, to answer questions submitted on circulars; nor shall	33884
he the auctioneer, apprentice auctioneer, or special auctioneer	33885
knowingly answer any such questions falsely; nor shall he the	33886
auctioneer, apprentice auctioneer, or special auctioneer refuse to	33887
obey subpoenas and give testimony. Licensees shall keep records	33888
relative to any auction sale for at least two years from the date	33889
of sale. These records shall include settlement sheets, written	33890
contracts, and copies of any advertising that lists the items for	33891
sale.	33892

Sec. 4707.23. On receipt of a notice pursuant to section	33893
3123.43 of the Revised Code, the department of ~~commerce~~	33894
agriculture shall comply with sections 3123.41 to 3123.50 of the	33895
Revised Code and any applicable rules adopted under section	33896
3123.63 of the Revised Code with respect to a license issued	33897
pursuant to this chapter.	33898

Sec. 4707.99. (A) Whoever acts as an auctioneer, apprentice	33899
auctioneer, or special auctioneer as defined in section 4707.01 of	33900
the Revised Code, without first obtaining a license, upon	33901
conviction thereof, shall be fined not less than one hundred nor	33902
more than one thousand dollars, or imprisoned not more than ninety	33903
days, or both.	33904

(B) Whoever violates this chapter or any rule promulgated by	33905
the department of ~~commerce~~ agriculture in the administration of	33906
this chapter, for the violation of which no penalty is provided,	33907
shall be fined not less than fifty nor more than two hundred	33908
dollars.	33909

(C) Whoever violates section 4707.151 of the Revised Code	33910
shall be fined not more than fifty thousand dollars, or imprisoned	33911
not more than one year, or both.	33912

Sec. 4713.10. The state board of cosmetology shall charge	33913
and collect the following fees:	33914

(A) For application to take the examination for a license to	33915
practice cosmetology, or any branch thereof, twenty-one dollars;	33916

(B) For the re-examination of any applicant who has	33917
previously failed to pass the examination, ~~fourteen~~ twenty-one	33918
dollars;	33919

(C) For the issuance or renewal of a cosmetology,	33920
manicurist, or esthetics instructor's license, thirty dollars;	33921

(D) For the issuance or renewal of a managing	33922
cosmetologist's, managing manicurist's, or managing esthetician's	33923
license, thirty dollars;	33924

(E) For the issuance or renewal of a cosmetology school	33925
license, two hundred fifty dollars;	33926

(F) For the inspection and issuance of a new beauty salon,	33927
nail salon, or esthetics salon or the change of name or ownership	33928
of a beauty salon, nail salon, or esthetics salon license, sixty	33929
dollars;	33930

(G) For the renewal of a beauty salon, nail salon, or	33931
esthetics salon license, fifty dollars;	33932

(H) For the issuance or renewal of a cosmetologist's,	33933
manicurist's, or esthetician's license, thirty dollars;	33934

(I) For the restoration of any lapsed license which may be	33935
restored pursuant to section 4713.11 of the Revised Code, and in	33936
addition to the payments required by that section, thirty dollars;	33937

(J) For the issuance of a license under section 4713.09 of	33938
the Revised Code, sixty dollars;	33939

(K) For the issuance of a duplicate of any license, fifteen	33940
dollars;	33941

(L) For the preparation and mailing of a licensee's records	33942
to another state for a reciprocity license, fifty dollars;	33943

(M) For the processing of any fees related to a check from a	33944
licensee returned to the board for insufficient funds, an	33945
additional twenty dollars.	33946

Each applicant shall, in addition to the fees specified,	33947
furnish the applicant's own models.	33948

Sec. 4715.03. (A) The state dental board shall organize by	33949
the election from its members of a president and a secretary. It	33950
shall hold meetings monthly at least eight months a year at such	33951
times and places as the board designates. A majority of the	33952
members of the board shall constitute a quorum. The board shall	33953
make such reasonable rules as it determines necessary pursuant to	33954
Chapter 119. of the Revised Code.	33955

(B) A concurrence of a majority of the members of the board	33956
shall be required to grant, refuse, suspend, place on probationary	33957
status, revoke, refuse to renew, or refuse to reinstate a license	33958
or censure a license holder.	33959

(C) The board shall adopt rules establishing standards for	33960
the safe practice of dentistry and dental hygiene by qualified	33961
practitioners and shall, through its policies and activities,	33962
promote such practice.	33963

The board shall adopt rules in accordance with Chapter 119.	33964
of the Revised Code establishing universal blood and body fluid	33965
precautions that shall be used by each person licensed under this	33966
chapter who performs exposure prone invasive procedures. The	33967
rules shall define and establish requirements for universal blood	33968
and body fluid precautions that include the following:	33969

(1) Appropriate use of hand washing;

33970

(2) Disinfection and sterilization of equipment;

33971

(3) Handling and disposal of needles and other sharp	33972
instruments;	33973

(4) Wearing and disposal of gloves and other protective	33974
garments and devices.	33975

(D) The board shall administer and enforce the provisions of	33976
this chapter. The board shall investigate evidence which appears	33977
to show that any person has violated any provision of this	33978
chapter. Any person may report to the board under oath any	33979
information such person may have appearing to show a violation of	33980
any provision of this chapter. In the absence of bad faith, any	33981
person who reports such information or who testifies before the	33982
board in any disciplinary proceeding conducted pursuant to Chapter	33983
119. of the Revised Code is not liable for civil damages as a	33984
result of ~~his~~ making the report or providing testimony. If after	33985
investigation the board determines that there are reasonable	33986
grounds to believe that a violation of this chapter has occurred,	33987
the board shall conduct disciplinary proceedings pursuant to	33988
Chapter 119. of the Revised Code or provide for a license holder	33989
to participate in the quality intervention program established	33990
under section 4715.031 of the Revised Code. The board shall not	33991
dismiss any complaint or terminate any investigation except by a	33992
majority vote of its members. For the purpose of any disciplinary	33993
proceeding or any investigation conducted ~~prior to a disciplinary~~	33994
~~proceeding~~ under this division, the board may administer oaths,	33995
order the taking of depositions, issue subpoenas, compel the	33996
attendance and testimony of persons at depositions and compel the	33997
production of books, accounts, papers, documents, or other	33998
tangible things. The hearings and investigations of the board	33999
shall be considered civil actions for the purposes of section	34000
2305.251 of the Revised Code. Notwithstanding section 121.22 of	34001
the Revised Code, proceedings of the board relative to the	34002
investigation of a complaint or the determination whether there	34003
are reasonable grounds to believe that a violation of this chapter	34004
has occurred are confidential and are not subject to discovery in	34005
any civil action.	34006

(E) The board shall examine or cause to be examined eligible	34007
applicants to practice dentistry and dental hygiene. The board may	34008
distinguish by rule different classes of qualified personnel	34009
according to skill levels and require all or only certain of these	34010
classes of qualified personnel to be examined and certified by the	34011
board.	34012

(F) In accordance with Chapter 119. of the Revised Code, the	34013
board shall adopt, and may amend or rescind, rules establishing	34014
the eligibility criteria, the application and permit renewal	34015
procedures, and safety standards applicable to a dentist licensed	34016
under this chapter who applies for a permit to employ or use	34017
conscious intravenous sedation. These rules shall include all of	34018
the following:	34019

(1) The eligibility requirements and application procedures	34020
for an eligible dentist to obtain a conscious intravenous sedation	34021
permit;	34022

(2) The minimum educational and clinical training standards	34023
required of applicants, which shall include satisfactory	34024
completion of an advanced cardiac life support course;	34025

(3) The facility equipment and inspection requirements;

34026

(4) Safety standards;

34027

(5) Requirements for reporting adverse occurrences.

34028

Sec. 4715.031. (A) The state dental board shall develop and	34029
implement a quality intervention program. The board may propose	34030
that the holder of a license issued by the board participate in	34031
the program if the board determines pursuant to an investigation	34032
conducted under section 4715.03 of the Revised Code that there are	34033
reasonable grounds to believe the license holder has violated a	34034
provision of this chapter due to a clinical or communication	34035
problem that could be improved through participation in the	34036
program and determines that the license holder's participation in	34037
the program is appropriate. The board shall refer a license	34038
holder who agrees to participate in the program to an educational	34039
and assessment service provider selected by the board.	34040

The board shall select educational and assessment service	34041
providers, which may include quality intervention program panels	34042
of case reviewers. A provider selected by the board to provide	34043
services to a license holder shall recommend to the board the	34044
educational and assessment services the license holder should	34045
receive under the program. The license holder may begin	34046
participation in the program if the board approves the services	34047
the provider recommends. The license holder shall pay the amounts	34048
charged by the provider for the services.	34049

The board shall monitor a license holder's progress in the	34050
program and determine whether the license holder has successfully	34051
completed the program. If the board determines that the license	34052
holder has successfully completed the program, it may continue to	34053
monitor the license holder, take other action it considers	34054
appropriate, or both. If the board determines that the license	34055
holder has not successfully completed the program, it shall	34056
commence disciplinary proceedings against the license holder under	34057
section 4715.03 of the Revised Code.	34058

The board may adopt rules in accordance with Chapter 119. of	34059
the Revised Code to further implement the quality intervention	34060
program.	34061

Sec. 4715.13. Applicants for licenses to practice dentistry	34062
or for a general anesthesia permit or a conscious intravenous	34063
sedation permit shall pay to the secretary of the state dental	34064
board the following fees:	34065

(A) For license by examination, one hundred ~~forty-one~~ ninety	34066
dollars if issued in an odd-numbered year or ~~two~~ three hundred	34067
~~thirty-five~~ seventeen dollars if issued in an even-numbered year;	34068

(B) For license by endorsement, one hundred ~~forty-one~~ ninety	34069
dollars if issued in an odd-numbered year or ~~two~~ three hundred	34070
~~thirty-five~~ seventeen dollars if issued in an even-numbered year;	34071

(C) For duplicate license, to be granted upon proof of loss	34072
of the original, ~~fifteen~~ twenty dollars;	34073

(D) For a general anesthesia permit, ~~ninety-four~~ one hundred	34074
twenty-seven dollars;	34075

(E) For a conscious intravenous sedation permit, ~~ninety-four~~	34076
one hundred twenty-seven dollars.	34077

The fee in division (A) of this section may be refunded to an	34078
applicant who is unavoidably prevented from attending the	34079
examination, or the applicant may be examined at the next regular	34080
or special meeting of the board without an additional fee.	34081

An applicant who fails the first examination may be	34082
re-examined at the next regular or special meeting of the board	34083
without an additional fee.	34084

Sec. 4715.14. (A) Each person who is licensed to practice	34085
dentistry in Ohio shall, on or before the first day of January of	34086
each even-numbered year, register with the state dental board.	34087
The registration shall be made on a form prescribed by the board	34088
and furnished by the secretary, shall include the licensee's name,	34089
address, license number, and such other reasonable information as	34090
the board may consider necessary, and shall include payment of a	34091
biennial registration fee of ~~one~~ two hundred ~~sixty-three~~ twenty	34092
dollars. This fee shall be paid to the treasurer of state. All	34093
such registrations shall be in effect for the two-year period	34094
beginning on the first day of January of the even-numbered year	34095
and ending on the last day of December of the following	34096
odd-numbered year, and shall be renewed in accordance with the	34097
standard renewal procedure of sections 4745.01 to 4745.03 of the	34098
Revised Code. The failure of a licensee to renew the licensee's	34099
registration in accordance with this section shall result in an	34100
automatic suspension of the licensee's license to practice	34101
dentistry.	34102

(B) Any dentist whose license has been suspended under this	34103
section may be reinstated by the payment of the biennial	34104
registration fee and in addition thereto ~~sixty~~ eighty-one dollars	34105
to cover costs of the reinstatement; excepting that to any	34106
licensed dentist who desires to temporarily retire from practice,	34107
and who has given the board notice in writing to that effect, the	34108
board shall grant such a retirement, provided only that at that	34109
time all previous registration fees and additional costs of	34110
reinstatement have been paid.	34111

(C) Each dentist licensed to practice, whether a resident or	34112
not, shall notify the secretary in writing of any change in the	34113
dentist's office address or employment within ten days after such	34114
change has taken place. On the first day of July of every	34115
even-numbered year, the secretary shall issue a printed roster of	34116
the names and addresses so registered.	34117

Sec. 4715.16. (A) Upon payment of a fee of ~~seven~~ ten	34118
dollars ~~and fifty cents~~, the state dental board may without	34119
examination issue a limited resident's license to any person who	34120
is a graduate of a dental college, is authorized to practice in	34121
another state or country or qualified to take the regular	34122
licensing examination in this state, and furnishes the board	34123
satisfactory proof of having been appointed a dental resident at	34124
an accredited dental college in this state or at an accredited	34125
program of a hospital in this state, but has not yet been licensed	34126
as a dentist by the board. Any person receiving a limited	34127
resident's license may practice dentistry only in connection with	34128
programs operated by the dental college or hospital at which the	34129
person is appointed as a resident as designated on the person's	34130
limited resident's license, and only under the direction of a	34131
licensed dentist who is a member of the dental staff of the	34132
college or hospital or a dentist holding a current limited	34133
teaching license issued under division (B) of this section, and	34134
only on bona fide patients of such programs. The holder of a	34135
limited resident's license may be disciplined by the board	34136
pursuant to section 4715.30 of the Revised Code.	34137

(B) Upon payment of ~~seventy-five~~ one hundred one dollars and	34138
upon application endorsed by an accredited dental college in this	34139
state, the board may without examination issue a limited teaching	34140
license to a dentist who is a graduate of a dental college, is	34141
authorized to practice dentistry in another state or country, and	34142
has full-time appointment to the faculty of the endorsing dental	34143
college. A limited teaching license is subject to annual renewal	34144
in accordance with the standard renewal procedure of Chapter 4745.	34145
of the Revised Code, and automatically expires upon termination of	34146
the full-time faculty appointment. A person holding a limited	34147
teaching license may practice dentistry only in connection with	34148
programs operated by the endorsing dental college. The board may	34149
discipline the holder of a limited teaching license pursuant to	34150
section 4715.30 of the Revised Code.	34151

(C)(1) As used in this division:

34152

(a) "Continuing dental education practicum" or "practicum"	34153
means a course of instruction, approved by the American dental	34154
association, Ohio dental association, or academy of general	34155
dentistry, that is designed to improve the clinical skills of a	34156
dentist by requiring the dentist to participate in clinical	34157
exercises on patients.	34158

(b) "Director" means the person responsible for the operation	34159
of a practicum.	34160

(2) Upon payment of ~~seventy-five~~ one hundred one dollars and	34161
application endorsed by the director of a continuing dental	34162
education practicum, the board shall, without examination, issue a	34163
temporary limited continuing education license to a resident of a	34164
state other than Ohio who is licensed to practice dentistry in	34165
such state and is in good standing, is a graduate of an accredited	34166
dental college, and is registered to participate in the endorsing	34167
practicum. The determination of whether a dentist is in good	34168
standing shall be made by the board.	34169

A dentist holding a temporary limited continuing education	34170
license may practice dentistry only on residents of the state in	34171
which the dentist is permanently licensed or on patients referred	34172
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	34173
the Revised Code to an instructing dentist licensed pursuant to	34174
one of those sections, and only while participating in a required	34175
clinical exercise of the endorsing practicum on the premises of	34176
the facility where the practicum is being conducted.	34177

Practice under a temporary limited continuing education	34178
license shall be under the direct supervision and full	34179
professional responsibility of an instructing dentist licensed	34180
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	34181
be limited to the performance of those procedures necessary to	34182
complete the endorsing practicum, and shall not exceed thirty days	34183
of actual patient treatment in any year.	34184

(3) A director of a continuing dental education practicum	34185
who endorses an application for a temporary limited continuing	34186
education license shall, prior to making the endorsement, notify	34187
the state dental board in writing of the identity of the sponsors	34188
and the faculty of the practicum and the dates and locations at	34189
which it will be offered. The notice shall also include a brief	34190
description of the course of instruction. The board may prohibit	34191
a continuing dental education practicum from endorsing	34192
applications for temporary limited continuing education licenses	34193
if the board determines that the practicum is engaged in	34194
activities that constitute a threat to public health and safety or	34195
do not constitute bona fide continuing dental education, or that	34196
the practicum permits activities which otherwise violate this	34197
chapter. Any continuing dental education practicum prohibited	34198
from endorsing applications may request an adjudication pursuant	34199
to Chapter 119. of the Revised Code.	34200

A temporary limited continuing education license shall be	34201
valid only when the dentist is participating in the endorsing	34202
continuing dental education practicum and shall expire at the end	34203
of one year. If the dentist fails to complete the endorsing	34204
practicum in one year, the board may, upon the dentist's	34205
application and payment of a fee of seventy-five dollars, renew	34206
the temporary limited continuing education license for a	34207
consecutive one-year period. Only two renewals may be granted.	34208
The holder of a temporary limited continuing education license may	34209
be disciplined by the board pursuant to section 4715.30 of the	34210
Revised Code.	34211

(D) The board shall act either to approve or to deny any	34212
application for a limited license pursuant to division (A), (B),	34213
or (C) of this section not later than sixty days of the date the	34214
board receives the application.	34215

Sec. 4715.21. Each person who desires to practice as a	34216
dental hygienist shall file with the secretary of the state dental	34217
board a written application for a license, under oath, upon the	34218
form prescribed. Such applicant shall furnish satisfactory proof	34219
of being at least eighteen years of age and of good moral	34220
character. An applicant shall present a diploma or certificate of	34221
graduation from an accredited dental hygiene school and shall pay	34222
the examination fee of ~~seventy-one~~ ninety-six dollars if the	34223
license is issued in an odd-numbered year or one hundred ~~nine~~	34224
forty-seven dollars if issued in an even-numbered year. Those	34225
passing such examination as the board prescribes relating to	34226
dental hygiene shall receive a certificate of registration	34227
entitling them to practice. If an applicant fails to pass the	34228
first examination the applicant may apply for a re-examination at	34229
the next regular or special examination meeting of the board.	34230

No applicant shall be admitted to more than two examinations	34231
without first presenting satisfactory proof that the applicant has	34232
successfully completed such refresher courses in an accredited	34233
dental hygiene school as the state dental board may prescribe.	34234

An accredited dental hygiene school shall be one accredited	34235
by the council on dental education of the American dental	34236
association or whose educational standards are recognized by the	34237
council on dental education of the American dental association and	34238
approved by the state dental board.	34239

Sec. 4715.24. (A) Each person who is licensed to practice	34240
as a dental hygienist in Ohio shall, on or before the first day of	34241
January of each even-numbered year, register with the state dental	34242
board. The registration shall be made on a form prescribed by the	34243
board and furnished by the secretary, shall include the licensee's	34244
name, address, license number, and such other reasonable	34245
information as the board may consider necessary, and shall include	34246
payment of a biennial registration fee of ~~seventy-five~~ one hundred	34247
one dollars. This fee shall be paid to the treasurer of state.	34248
All such registrations shall be in effect for the two-year period	34249
beginning on the first day of January of each even-numbered year	34250
and ending on the last day of December of the following	34251
odd-numbered year, and shall be renewed in accordance with the	34252
standard renewal procedure of sections 4745.01 to 4745.03 of the	34253
Revised Code. The failure of a licensee to renew registration in	34254
accordance with this section shall result in the automatic	34255
suspension of the licensee's license to practice as a dental	34256
hygienist.	34257

(B) Any dental hygienist whose license has been suspended	34258
under this section may be reinstated by the payment of the	34259
biennial registration fee and in addition thereto ~~twenty-three~~	34260
thirty-one dollars to cover the costs of reinstatement.	34261

(C) The license of a dental hygienist shall be exhibited in	34262
a conspicuous place in the room in which the dental hygienist	34263
practices. Each dental hygienist licensed to practice, whether a	34264
resident or not, shall notify the secretary in writing of any	34265
change in the dental hygienist's office address or employment	34266
within ten days after the change takes place.	34267

Sec. 4715.27. The state dental board may issue a license to	34268
an applicant who furnishes satisfactory proof of being at least	34269
eighteen years of age, of good moral character and who	34270
demonstrates, to the satisfaction of the board, knowledge of the	34271
laws, regulations, and rules governing the practice of a dental	34272
hygienist; who proves, to the satisfaction of the board, intent to	34273
practice as a dental hygienist in this state; who is a graduate	34274
from an accredited school of dental hygiene and who holds a	34275
license by examination from a similar dental board, and who passes	34276
an examination as prescribed by the board relating to dental	34277
hygiene.	34278

Upon payment of ~~forty-three~~ fifty-eight dollars and upon	34279
application endorsed by an accredited dental hygiene school in	34280
this state, the state dental board may without examination issue a	34281
teacher's certificate to a dental hygienist, authorized to	34282
practice in another state or country. A teacher's certificate	34283
shall be subject to annual renewal in accordance with the standard	34284
renewal procedure of sections 4745.01 to 4745.03 of the Revised	34285
Code, and shall not be construed as authorizing anything other	34286
than teaching or demonstrating the skills of a dental hygienist in	34287
the educational programs of the accredited dental hygiene school	34288
which endorsed the application.	34289

Sec. 4717.02. (A) There is hereby created the board of	34290
embalmers and funeral directors consisting of seven members to be	34291
appointed by the governor with the advice and consent of the	34292
senate. ~~Four~~ Five members shall be licensed embalmers and	34293
practicing funeral directors, each with at least ten consecutive	34294
years of experience in this state immediately preceding the date	34295
of the person's appointment~~. One member~~; one of these members	34296
shall be knowledgeable and experienced in operating a crematory	34297
~~and is not required to be, but may be, a licensed embalmer or~~	34298
~~funeral director~~. Two members shall represent the public; at	34299
least one of ~~the two~~ these members shall be at least sixty years	34300
of age.	34301

(B) Terms of office are for five years, commencing on the	34302
first day of July and ending on the last day of June. Each	34303
member shall hold office from the date of the member's appointment	34304
until the end of the term for which the member was appointed.	34305
Before entering upon the duties of the office, each member shall	34306
take and file with the secretary of state an oath of office as	34307
required by Section 7 of Article XV, Ohio Constitution.	34308

(C) The governor may remove a member of the board for	34309
neglect of duty, incompetency, or immoral conduct. Vacancies	34310
shall be filled in the manner provided for original appointments.	34311
Any member appointed to fill a vacancy occurring prior to the	34312
expiration date of the term for which the member's predecessor was	34313
appointed shall hold office as a member for the remainder of that	34314
term. A member shall continue in office subsequent to the	34315
expiration date of the member's term until the member's successor	34316
takes office, or until a period of sixty days has elapsed,	34317
whichever occurs first.	34318

(D) Each member of the board shall receive an amount fixed	34319
under division (J) of section 124.15 of the Revised Code for each	34320
day, not to exceed sixty days per year, employed in the discharge	34321
of the member's duties as a board member, together with any	34322
necessary expenses incurred in the performance of those duties.	34323

Sec. 4717.07. (A) The board of embalmers and funeral	34324
directors shall charge and collect the following fees:	34325

(1) For the issuance of an initial embalmer's or funeral	34326
director's license, five dollars;	34327

(2) For the issuance of an embalmer or funeral director	34328
registration, twenty-five dollars;	34329

(3) For filing an embalmer or funeral director certificate	34330
of apprenticeship, ten dollars;	34331

(4) For the application to take the examination for a	34332
license to practice as an embalmer or funeral director, or to	34333
retake a section of the examination, thirty-five dollars;	34334

(5) For the biennial renewal of an embalmer's or funeral	34335
director's license, ~~sixty~~ one hundred twenty dollars;	34336

(6) For the initial issuance ~~and renewal~~ of a license to	34337
operate a funeral home, one hundred twenty-five dollars and	34338
biennial renewal of a license to operate a funeral home, two	34339
hundred fifty dollars;	34340

(7) For the reinstatement of a lapsed embalmer's or funeral	34341
director's license, the renewal fee prescribed in division (A)(5)	34342
of this section plus fifty dollars for each month or portion of a	34343
month the license is lapsed until reinstatement;	34344

(8) For the reinstatement of a lapsed license to operate a	34345
funeral home, the renewal fee prescribed in division (A)(6) of	34346
this section plus fifty dollars for each month or portion of a	34347
month the license is lapsed until reinstatement;	34348

(9) For the initial issuance ~~and renewal~~ of a license to	34349
operate an embalming facility, one hundred dollars and biennial	34350
renewal of a license to operate an embalming facility, two hundred	34351
dollars;	34352

(10) For the reinstatement of a lapsed license to operate an	34353
embalming facility, the renewal fee prescribed in division (A)(9)	34354
of this section plus fifty dollars for each month or portion of a	34355
month the license is lapsed until reinstatement;	34356

(11) For the initial issuance ~~and renewal~~ of a license to	34357
operate a crematory facility, one hundred dollars and biennial	34358
renewal of a license to operate a crematory facility, two hundred	34359
dollars;	34360

(12) For the reinstatement of a lapsed license to operate a	34361
crematory facility, the renewal fee prescribed in division (A)(11)	34362
of this section plus fifty dollars for each month or portion of a	34363
month the license is lapsed until reinstatement;	34364

(13) For the issuance of a duplicate of a license issued	34365
under this chapter, four dollars.	34366

(B) In addition to the fees set forth in division (A) of	34367
this section, an applicant shall pay the examination fee assessed	34368
by any examining agency the board uses for any section of an	34369
examination required under this chapter.	34370

(C) Subject to the approval of the controlling board, the	34371
board of embalmers and funeral directors may establish fees in	34372
excess of the amounts set forth in this section, provided that	34373
these fees do not exceed the amounts set forth in this section by	34374
more than fifty per cent.	34375

Sec. 4717.08. (A) Every license issued under this chapter	34376
expires on the last day of December of ~~the~~ each even-numbered year	34377
~~of its issuance~~ and shall be renewed on or before that date	34378
according to the standard license renewal procedure set forth in	34379
Chapter 4745. of the Revised Code. Licenses not renewed by the	34380
last day of December of each even-numbered year are lapsed.	34381

(B) A holder of a lapsed license to operate a funeral home,	34382
license to operate an embalming facility, or license to operate a	34383
crematory facility may reinstate the license with the board by	34384
paying the lapsed license fee established under section 4717.07 of	34385
the Revised Code.	34386

(C) A holder of a lapsed embalmer's or funeral director's	34387
license may reinstate the license with the board by paying the	34388
lapsed license fee established under section 4717.07 of the	34389
Revised Code, except that if the license is lapsed for more than	34390
one hundred eighty days after its expiration date, the holder also	34391
shall take and pass the Ohio laws examination for each license as	34392
a condition for reinstatement.	34393

Sec. 4717.09. (A) Every two years, licensed embalmers and	34394
funeral directors shall attend between twelve and thirty hours of	34395
educational programs as a condition for renewal of their licenses.	34396
The board of embalmers and funeral directors shall ~~determine, by~~	34397
~~rule, the educational programs that meet the continuing education~~	34398
~~requirements and the number of hours a licensee shall attend~~ adopt	34399
rules governing the administration and enforcement of the	34400
continuing education requirements of this section. The board may	34401
contract with a professional organization or association or other	34402
third party to assist it in performing functions necessary to	34403
administer and enforce the continuing education requirements of	34404
this section. A professional organization or association or other	34405
third party with whom the board so contracts may charge a	34406
reasonable fee for performing these functions to licensees or to	34407
the persons who provide continuing education programs.	34408

(B) A person holding both an embalmer's license and a	34409
funeral director's license need meet only the continuing education	34410
requirements established by the board for one or the other of	34411
those licenses in order to satisfy the requirement of division (A)	34412
of this section.	34413

(C) The board shall not renew the license of a licensee who	34414
fails to meet the continuing education requirements of this	34415
section and who has not been granted a waiver or exemption under	34416
division (D) of this section.	34417

(D) Any licensee who fails to meet the continuing education	34418
requirements of this section because of undue hardship or	34419
disability, or who is not actively engaged in the practice of	34420
funeral directing or embalming in this state, may apply to the	34421
board for a waiver or an exemption. The board shall determine, by	34422
rule, the procedures for applying for a waiver or an exemption	34423
from continuing education requirements under this section and	34424
under what conditions a waiver or an exemption may be granted.	34425

Sec. 4723.062. The board of nursing may solicit and accept	34426
grants and services to develop and maintain a program that	34427
addresses patient safety and health care issues related to the	34428
supply of and demand for nurses and other health care workers. The	34429
board shall not solicit or accept a grant or service that	34430
interferes with the board's independence or objectivity.	34431

All money received by the board under this section shall be	34432
deposited into the nursing special issue fund which is hereby	34433
created in the state treasury. The board shall use money in the	34434
fund to pay the costs it incurs in implementing this section.	34435

Sec. 4723.08. (A) The board of nursing may impose fees not	34436
to exceed the following limits:	34437

(1) For application for licensure by examination to practice	34438
nursing as a registered nurse or as a licensed practical nurse,	34439
fifty dollars;	34440

(2) For application for licensure by endorsement to practice	34441
nursing as a registered nurse or as a licensed practical nurse,	34442
fifty dollars;	34443

(3) For application for a certificate of authority to	34444
practice nursing as a certified registered nurse anesthetist,	34445
clinical nurse specialist, certified nurse-midwife, or certified	34446
nurse practitioner, one hundred dollars;	34447

(4) For application for a temporary dialysis technician	34448
certificate, the amount specified in rules adopted under section	34449
4723.79 of the Revised Code;	34450

(5) For application for a full dialysis technician	34451
certificate, the amount specified in rules adopted under section	34452
4723.79 of the Revised Code;	34453

(6) For application for a certificate to prescribe, fifty	34454
dollars;	34455

(7) For verification of a nursing license, certificate of	34456
authority, or dialysis technician certificate to another	34457
jurisdiction, fifteen dollars;	34458

(8) For providing a replacement copy of a nursing license,	34459
certificate of authority, or dialysis technician certificate,	34460
fifteen dollars;	34461

(9) For biennial renewal of a nursing license that expires	34462
on or before August 31, 2003, thirty-five dollars;	34463

(10) ~~Except as provided in division (C) of this section, for~~	34464
For biennial renewal of a nursing license that expires on or after	34465
September 1, 2003, forty-five dollars;	34466

(11) For biennial renewal of a certificate of authority to	34467
practice nursing as a certified registered nurse anesthetist,	34468
clinical nurse specialist, certified nurse mid-wife, or certified	34469
nurse practitioner that expires on or before August 31, 2005, one	34470
hundred dollars;	34471

(12) For biennial renewal of a certificate of authority to	34472
practice nursing as a certified registered nurse anesthetist,	34473
clinical nurse specialist, certified nurse-midwife, or certified	34474
nurse practitioner that expires on or after September 1, 2005,	34475
eighty-five dollars;	34476

~~(11)~~(13) For renewal of a certificate to prescribe, fifty	34477
dollars;	34478

~~(12)~~(14) For biennial renewal of a dialysis technician	34479
certificate, the amount specified in rules adopted under section	34480
4723.79 of the Revised Code;	34481

~~(13)~~(15) For processing a late application for renewal of a	34482
nursing license, certificate of authority, or dialysis technician	34483
certificate, fifty dollars;	34484

~~(14)~~(16) For application for authorization to approve	34485
continuing nursing education programs and courses from an	34486
applicant accredited by a national accreditation system for	34487
nursing, five hundred dollars;	34488

~~(15)~~(17) For application for authorization to approve	34489
continuing nursing education programs and courses from an	34490
applicant not accredited by a national accreditation system for	34491
nursing, one thousand dollars;	34492

~~(16)~~(18) For each year for which authorization to approve	34493
continuing nursing education programs and courses is renewed, one	34494
hundred fifty dollars;	34495

~~(17)~~(19) For application for approval to operate a dialysis	34496
training program, the amount specified in rules adopted under	34497
section 4723.79 of the Revised Code;	34498

~~(18)~~(20) For reinstatement of a lapsed nursing license or,	34499
certificate of authority, or dialysis technician certificate, one	34500
hundred dollars;	34501

~~(19)~~(21) For written verification of a nursing license,	34502
certificate of authority, or dialysis technician certificate,	34503
other than verification to another jurisdiction, five dollars. The	34504
board may contract for services pertaining to this verification	34505
process and the collection of the fee, and may permit the	34506
contractor to retain a portion of the fees as compensation, before	34507
any amounts are deposited into the state treasury.	34508

(22) For processing a check returned to the board by a	34509
financial institution as noncollectible, twenty-five dollars.	34510

(B) Each quarter, for purposes of transferring funds under	34511
section 4743.05 of the Revised Code to the nurse education	34512
assistance fund created in section 3333.28 of the Revised Code,	34513
the board of nursing shall certify to the director of budget and	34514
management the number of biennial licenses renewed under this	34515
chapter during the preceding quarter and the amount equal to that	34516
number times five dollars.	34517

~~(C) The fee for biennial renewal of a certificate of~~	34518
~~authority to practice nursing as a certified nurse-midwife,~~	34519
~~certified registered nurse anesthetist, certified nurse~~	34520
~~practitioner, or clinical nurse specialist that expires on or~~	34521
~~before August 31, 2005, is one hundred dollars.~~	34522

Sec. 4723.32. This chapter does not prohibit any of the	34523
following:	34524

(A) The practice of nursing by a student currently enrolled	34525
in and actively pursuing completion of a prelicensure nursing	34526
education program approved by the board of nursing, if the	34527
student's practice is under the auspices of the program and the	34528
student acts under the supervision of a registered nurse serving	34529
for the program as a faculty member, teaching assistant, or	34530
preceptor;	34531

(B) The rendering of medical assistance to a licensed	34532
physician, licensed dentist, or licensed podiatrist by a person	34533
under the direction, supervision, and control of such licensed	34534
physician, dentist, or podiatrist;	34535

(C) The activities of persons employed as nursing aides,	34536
attendants, orderlies, or other auxiliary workers in patient	34537
homes, nurseries, nursing homes, hospitals, home health agencies,	34538
or other similar institutions;	34539

(D) The provision of nursing services to family members or	34541
in emergency situations;	34542

(E) The care of the sick when done in connection with the	34543
practice of religious tenets of any church and by or for its	34544
members;	34545

(F) The practice of nursing as a certified registered nurse	34546
anesthetist, clinical nurse specialist, certified nurse-midwife,	34547
or certified nurse practitioner by a student currently enrolled	34548
in and actively pursuing completion of a program of study leading	34549
to initial authorization by the board to practice nursing in the	34550
specialty, if both of the following are the case:	34551

(1) The program qualifies the student to sit for the	34552
examination of a national certifying organization listed in	34553
division (A)(3) of section 4723.41 of the Revised Code or approved	34554
by the board under section 4723.46 of the Revised Code, or the	34555
program prepares the student to receive a master's degree in	34556
accordance with division (A)(2) of section 4723.41 of the Revised	34557
Code;	34558

(2) The student's practice is under the auspices of the	34559
program and the student acts under the supervision of a registered	34560
nurse serving for the program as a faculty member, teaching	34561
assistant, or preceptor.	34562

(G) The activities of an individual who currently holds a	34563
license to practice nursing in another jurisdiction, if the	34564
individual's license has not been revoked, the individual is not	34565
currently under suspension or on probation, the individual does	34566
not represent the individual as being licensed under this chapter,	34567
and one of the following is the case:	34568

(1) The individual is engaging in the practice of nursing by	34569
discharging official duties while employed by or under contract	34570
with the United States government or any agency thereof;	34571

(2) The individual is engaging in the practice of nursing as	34572
an employee of an individual, agency, or corporation located in	34573
the other jurisdiction in a position with employment	34574
responsibilities that include transporting patients into, out of,	34575
or through this state, as long as each trip in this state does not	34576
exceed seventy-two hours;	34577

(3) The individual is consulting with an individual licensed	34578
in this state to practice any health-related profession;	34579

(4) The individual is engaging in activities associated with	34580
teaching in this state as a guest lecturer at or for a nursing	34581
education program, continuing nursing education program, or	34582
in-service presentation;	34583

(5) The individual is conducting evaluations of nursing care	34584
that are undertaken on behalf of an accrediting organization,	34585
including the national league for nursing accrediting committee,	34586
the joint commission on accreditation of healthcare organizations,	34587
or any other nationally recognized accrediting organization;	34588

(6) The individual is providing nursing care to an	34589
individual who is in this state on a temporary basis, not to	34590
exceed six months in any one calendar year, if the nurse is	34591
directly employed by or under contract with the individual or a	34592
guardian or other person acting on the individual's behalf;	34593

(7) The individual is providing nursing care during any	34594
disaster, natural or otherwise, that has been officially declared	34595
to be a disaster by a public announcement issued by an appropriate	34596
federal, state, county, or municipal official.	34597

Sec. 4723.79. The board of nursing shall adopt rules to	34598
administer and enforce sections 4723.71 to 4723.79 of the Revised	34599
Code. The board shall adopt the rules in accordance with Chapter	34600
119. of the Revised Code. The rules shall establish or specify	34601
all of the following:	34602

(A) The application process, fee, and requirements for	34603
approval, reapproval, and withdrawing the approval of a dialysis	34604
training program under section 4723.74 of the Revised Code. The	34605
requirements shall include standards that must be satisfied	34606
regarding curriculum, length of training, and instructions in	34607
patient care.	34608

(B) The application process, fee, and requirements for	34609
issuance of a certificate under section 4723.75 of the Revised	34610
Code, except that the amount of the fee shall be no greater than	34611
the fee charged under division (A)(1) of section 4723.08 of the	34612
Revised Code;	34613

(C) The application process, fee, and requirements for	34614
issuance of a temporary certificate under section 4723.76 of the	34615
Revised Code;	34616

(D) The process for approval of testing organizations under	34617
section 4723.751 of the Revised Code;	34618

(E) Subjects to be included in a certification examination	34619
provided for in division (B)(1) of section 4723.75 of the Revised	34620
Code;	34621

(F) The schedule, fees, and continuing education	34622
requirements for renewal of a certificate under section 4723.77 of	34623
the Revised Code, except that the fee for the renewal of a	34624
certificate shall be no greater than the fee charged under	34625
division (A)(9) of section 4723.08 of the Revised Code or,	34626
effective September 1, 2003, division (A)(10) of that section;	34627

(G) Standards and procedures for establishing and	34628
maintaining the dialysis registry required by section 4723.78 of	34629
the Revised Code, including standards and procedures that persons	34630
must follow in providing the information to be included in the	34631
registry;	34632

(H) Standards for the administration of medication by	34633
dialysis technicians under section 4723.72 of the Revised Code;	34634

(I) The information a dialysis provider is to provide to the	34635
board when attesting to a person's competence to perform dialysis;	34636

(J) Standards and procedures for the supervision of dialysis	34637
technicians who provide dialysis care in a patient's home,	34638
including monthly home visits by a registered nurse to monitor the	34639
quality of the dialysis care;	34640

(K) Any other procedures or requirements necessary for the	34641
administration and enforcement of sections 4723.71 to 4723.79 of	34642
the Revised Code.	34643

Sec. 4725.44. (A) The Ohio optical dispensers board shall	34644
be responsible for the administration of sections 4725.40 to	34645
4725.59 of the Revised Code and, in particular, shall process	34646
applications for licensure as licensed dispensing opticians;	34647
schedule, administer, and supervise the qualifying examinations	34648
for licensure or contract with a testing service to schedule,	34649
administer, and supervise the qualifying examination for	34650
licensure; issue licenses to qualified individuals; revoke and	34651
suspend licenses; and maintain adequate records with respect to	34652
its operations and responsibilities.	34653

(B) The board shall adopt, amend, or rescind rules, pursuant	34654
to Chapter 119. of the Revised Code, for the licensure of	34655
dispensing opticians, and such other rules as are required by or	34656
necessary to carry out the responsibilities imposed by sections	34657
4725.40 to 4725.59 of the Revised Code.	34658

(C) The board shall have no authority to adopt rules	34659
governing the employment of dispensing opticians, the location or	34660
number of optical stores, advertising of optical products or	34661
services, or the manner in which such products can be displayed.	34662

Sec. 4725.48. (A) Any person who desires to engage in	34663
optical dispensing, except as provided in section 4725.47 of the	34664
Revised Code, shall file a properly completed written application	34665
for an examination with the Ohio optical dispensers board or with	34666
the testing service the board has contracted with pursuant to	34667
section 4725.49 of the Revised Code. The application for	34668
examination shall be made on a form provided by the board or	34669
testing service and shall be accompanied by an examination fee the	34670
board shall establish by rule. Applicants must return the	34671
application to the board or testing service at least sixty days	34672
prior to the date the examination is scheduled to be administered.	34673

(B) Except as provided in section 4725.47 of the Revised	34674
Code, any person who desires to engage in optical dispensing shall	34675
file a properly completed written application for a license with	34676
the board with the appropriate license fee as set forth under	34677
section 4725.50 of the Revised Code.	34678

No person shall be eligible to ~~take any examination~~ apply for	34679
a license under this division, unless he the person is at least	34680
eighteen years of age, is of good moral character, is free of	34681
contagious or infectious disease, ~~and~~ has received a passing	34682
score, as determined by the board, on the examination administered	34683
under division (A) of this section, is a graduate of an accredited	34684
high school of any state, or has received an equivalent education	34685
~~equivalent thereto.~~	34686

~~(B) Except as provided in division (C) of this section, each~~	34687
~~person who desires to dispense optical aids shall be eligible to~~	34688
~~take the qualifying examination for such practice, if, in addition~~	34689
~~to satisfying the criteria of division (A) of this section, he~~ and	34690
has successfully completed either of the following:	34691

(1) Two years of supervised experience under a licensed	34692
dispensing optician, optometrist, or physician engaged in the	34693
practice of ophthalmology, up to one year of which may be	34694
continuous experience of not less than thirty hours a week in an	34695
optical laboratory;	34696

(2) A two-year college level program in optical dispensing	34697
that has been approved by the board and that includes, but is not	34698
limited to, courses of study in mathematics, science, English,	34699
anatomy and physiology of the eye, applied optics, ophthalmic	34700
optics, measurement and inspection of lenses, lens grinding and	34701
edging, ophthalmic lens design, keratometry, and the fitting and	34702
adjusting of spectacle lenses and frames and contact lenses,	34703
including methods of fitting contact lenses and post-fitting care.	34704

(C) ~~A registered apprentice or a student in an approved~~	34705
~~college level program in optical dispensing may take the~~	34706
~~qualifying examination after completion of one year of the~~	34707
~~apprenticeship or program but shall not be eligible for licensure~~	34708
~~until he has completed the second year of the apprenticeship or~~	34709
~~program.~~	34710

~~(D)~~ Any person who desires to obtain a license to practice	34711
as an ocularist shall file a properly completed written	34712
application with the board accompanied by the appropriate fee and	34713
proof that the applicant has met the requirements for licensure.	34714
The board shall establish, by rule, the application fee and the	34715
minimum requirements for licensure, including education,	34716
examination, or experience standards recognized by the board as	34717
national standards for ocularists. The board shall issue a	34718
license to practice as an ocularist to an applicant who satisfies	34719
the requirements of this division and rules adopted pursuant to	34720
this division.	34721

Sec. 4725.49. (A) The Ohio optical dispensers board ~~shall~~	34722
~~examine each applicant eligible for examination under section~~	34723
~~4725.48 of the Revised Code. The board~~ may provide for the	34724
examination of applicants by designing, preparing, and	34725
administering the qualifying examinations or by contracting with a	34726
testing service that is nationally recognized as being capable of	34727
determining competence to dispense optical aids as a licensed	34728
spectacle dispensing optician, a licensed contact lens dispensing	34729
optician, or a licensed spectacle-contact lens dispensing	34730
optician. Any examination used shall be designed to measure	34731
specific performance requirements, be professionally constructed	34732
and validated, and be independently and objectively administered	34733
and scored in order to determine the applicant's competence to	34734
dispense optical aids.	34735

(B) The board shall ensure that it, or the testing service	34736
it contracts with, does all of the following:	34737

(1) Provides public notice as to the date, time, and place	34738
for each examination at least ninety days prior to the	34739
examination;	34740

(2) Offers each qualifying examination at least twice each	34741
year in Columbus, except as provided in division (C) of this	34742
section;	34743

(3) Provides to each applicant all forms necessary to apply	34744
for examination;	34745

(4) Provides all materials and equipment necessary for the	34746
applicant to take the examination.	34747

(C) If the number of applicants for any qualifying	34748
examination is less than ten, the examination may be postponed.	34749
The board or testing service shall provide the applicant with	34750
written notification of the postponement and of the next date the	34751
examination is scheduled to be administered.	34752

(D) No limitation shall be placed upon the number of times	34753
that an applicant may repeat any qualifying examination, except	34754
that, if an applicant fails an examination for a third time, the	34755
board may require that the applicant, prior to retaking the	34756
examination, undergo additional study in the areas of the	34757
examination in which he the applicant experienced difficulty.	34758

Sec. 4729.65. (A) Except as provided in division (B) of	34759
this section, all receipts of the state board of pharmacy, from	34760
any source, shall be deposited into the state treasury to the	34761
credit of the ~~occupational licensing and regulatory~~ pharmacy board	34762
operating fund, which is hereby created. All moneys derived from	34763
fees the board is entitled to collect under this chapter shall be	34764
deposited to the credit of the fund. All moneys deposited into	34765
the state treasury pursuant to this section shall be used solely	34766
for the administration and enforcement of this chapter. All	34767
vouchers of the board shall be approved by the president or	34768
executive director of the board, or both, as authorized by the	34769
board. All initial issuance fees and renewal fees required by	34770
sections 4729.01 to 4729.54 of the Revised Code shall be payable	34771
by the applicant at the time of making application.	34772

(B)(1) There is hereby created in the state treasury the	34773
board of pharmacy drug law enforcement fund. All moneys that are	34774
derived from any fines, mandatory fines, or forfeited bail to	34775
which the board may be entitled under Chapter 2925., division	34776
(C)(1) of section 2923.42, or division (B)(5) of section 2925.42	34777
of the Revised Code and all moneys that are derived from	34778
forfeitures of property to which the board may be entitled	34779
pursuant to Chapter 2925. of the Revised Code, section 2923.32,	34780
2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the Revised	34781
Code, any other section of the Revised Code, or federal law shall	34782
be deposited into the fund. Subject to division (B)(2) of this	34783
section, division (D)(2)(c) of section 2923.35, division (B)(5) of	34784
section 2923.44, division (B)(7)(c) of section 2923.46, and	34785
divisions (D)(1)(c) and (3) of section 2933.43 of the Revised	34786
Code, the moneys in the fund shall be used solely to subsidize the	34787
drug law enforcement efforts of the board.	34788

(2) Notwithstanding any contrary provision in the Revised	34789
Code, moneys that are derived from forfeitures of property	34790
pursuant to federal law and that are deposited into the board of	34791
pharmacy drug law enforcement fund in accordance with division	34792
(B)(1) of this section shall be used and accounted for in	34793
accordance with the applicable federal law, and the board	34794
otherwise shall comply with that law in connection with the	34795
moneys.	34796

(C) All fines and forfeited bonds assessed and collected	34797
under prosecution or prosecution commenced in the enforcement of	34798
this chapter shall be paid to the executive director of the board	34799
within thirty days and by the executive director paid into the	34800
state treasury to the credit of the ~~occupational licensing and~~	34801
~~regulatory~~ pharmacy board operating fund. The board, subject to	34802
the approval of the controlling board and except for fees required	34803
to be established by the board at amounts "adequate" to cover	34804
designated expenses, may establish fees in excess of the amounts	34805
provided by this chapter, provided that such fees do not exceed	34806
the amounts permitted by this chapter by more than fifty per cent.	34807

Sec. 4731.14. (A) As used in this section, "graduate	34808
medical education" has the same meaning as in section 4731.091 of	34809
the Revised Code.	34810

(B) The state medical board shall issue its certificate to	34811
practice medicine and surgery or osteopathic medicine and surgery	34812
as follows:	34813

(1) The board shall issue its certificate to each individual	34814
who was admitted to the board's examination by meeting the	34815
educational requirements specified in division (B)(1) or (3) of	34816
section 4731.091 of the Revised Code if the individual passes the	34817
examination, pays a certificate issuance fee of three hundred	34818
dollars, and submits evidence satisfactory to the board that the	34819
individual has successfully completed not less than twelve months	34820
of graduate medical education or its equivalent as determined by	34821
the board.	34822

(2) Except as provided in section 4731.142 of the Revised	34823
Code, the board shall issue its certificate to each individual who	34824
was admitted to the board's examination by meeting the educational	34825
requirements specified in division (B)(2) of section 4731.091 of	34826
the Revised Code if the individual passes the examination, pays a	34827
certificate issuance fee of three hundred dollars, submits	34828
evidence satisfactory to the board that the individual has	34829
successfully completed not less than twenty-four months of	34830
graduate medical education through the second-year level of	34831
graduate medical education or its equivalent as determined by the	34832
board, and, if the individual passed the examination prior to	34833
completing twenty-four months of graduate medical education or its	34834
equivalent, the individual continues to meet the moral character	34835
requirements for admission to the board's examination.	34836

(C) Each certificate issued by the board shall be signed by	34837
its president and secretary, and attested by its seal. The	34838
certificate shall be on a form prescribed by the board and shall	34839
indicate the medical degree held by the individual to whom the	34840
certificate is issued. If the individual holds the degree of	34841
doctor of medicine, the certificate shall state that the	34842
individual is authorized to practice medicine and surgery pursuant	34843
to the laws of this state. If the individual holds the degree of	34844
doctor of osteopathic medicine, the certificate shall state that	34845
the individual is authorized to practice osteopathic medicine and	34846
surgery pursuant to the laws of this state. If the individual	34847
holds a medical degree other than the degree of doctor of medicine	34848
or doctor of osteopathic medicine, the certificate shall indicate	34849
the diploma, degree, or other document issued by the medical	34850
school or institution the individual attended and shall state that	34851
the individual is authorized to practice medicine and surgery	34852
pursuant to the laws of this state.	34853

(D) The certificate shall be prominently displayed in the	34854
certificate holder's office or place where a major portion of the	34855
certificate holder's practice is conducted and shall entitle the	34856
holder to practice either medicine and surgery or osteopathic	34857
medicine and surgery provided the certificate holder maintains	34858
current registration as required by section 4731.281 of the	34859
Revised Code and provided further that such certificate has not	34860
been revoked, suspended, or limited by action of the state medical	34861
board pursuant to this chapter.	34862

(E) An affirmative vote of not less than six members of the	34863
board is required for the issuance of a certificate.	34864

~~(F) If an individual receives an initial or renewed training~~	34865
~~certificate under section 4731.291 of the Revised Code and not~~	34866
~~later than four months thereafter applies for a certificate under~~	34867
~~this section, the fee required by division (B)(1) of this section~~	34868
~~shall be reduced by the amount of the fee paid for the training~~	34869
~~certificate.~~	34870

Sec. 4731.53. At the time an applicant files an application,	34872
the applicant shall file with the secretary of the state medical	34873
board evidence of preliminary education showing that the applicant	34874
has satisfactorily completed at least two years of collegiate work	34875
in an approved college of arts and sciences in addition to high	34876
school graduation. When the entrance examiner finds the	34877
preliminary education of the applicant sufficient, the entrance	34878
examiner shall issue a certificate of preliminary examination upon	34879
the payment to the treasurer of the board of a fee of thirty-five	34880
dollars. Such certificate shall be attested by the secretary.	34881

The applicant shall also present a diploma from a college of	34882
podiatric medicine and surgery in good standing as defined by the	34883
board at the time the diploma was issued. The applicant shall	34884
present an affidavit that the applicant is the person named in the	34885
diploma and is the lawful possessor thereof stating the	34886
applicant's age, residence, the school at which the applicant	34887
obtained education in podiatric medicine and surgery, the time	34888
spent in the study of podiatric medicine and surgery, and such	34889
other facts as the board may require.	34890

The applicant shall also present proof of completion of one	34891
year of postgraduate training in a podiatric internship,	34892
residency, or clinical fellowship program accredited by the	34893
council on podiatric medical education or the American podiatric	34894
medical association.	34895

Sec. 4731.573. (A) An individual seeking to pursue an	34896
internship, residency, or clinical fellowship program in podiatric	34897
medicine and surgery in this state, who does not hold a	34898
certificate to practice podiatric medicine and surgery issued	34899
under this chapter, shall apply to the state medical board for a	34900
training certificate. The application shall be made on forms that	34901
the board shall furnish and shall be accompanied by an application	34902
fee of seventy-five dollars.	34903

An applicant for a training certificate shall furnish to the	34904
board all of the following:	34905

(1) Evidence satisfactory to the board that the applicant is	34906
at least eighteen years of age and is of good moral character;	34907

(2) Evidence satisfactory to the board that the applicant	34908
has been accepted or appointed to participate in this state in one	34909
of the following:	34910

(a) An internship or residency program accredited by either	34911
the council on podiatric medical education or the American	34912
podiatric medical association;	34913

(b) A clinical fellowship program at an institution with a	34914
residency program accredited by either the council on podiatric	34915
medical education or the American podiatric medical association	34916
that is in a clinical field the same as or related to the clinical	34917
field of the fellowship program.	34918

(3) Information identifying the beginning and ending dates	34919
of the period for which the applicant has been accepted or	34920
appointed to participate in the internship, residency, or clinical	34921
fellowship program;	34922

(4) Any other information that the board requires.

34923

(B) If no grounds for denying a certificate under section	34924
4731.22 of the Revised Code apply and the applicant meets the	34925
requirements of division (A) of this section, the board shall	34926
issue a training certificate to the applicant. The board shall	34927
not require an examination as a condition of receiving a training	34928
certificate.	34929

A training certificate issued pursuant to this section shall	34930
be valid only for the period of one year, but may in the	34931
discretion of the board and upon application duly made, be renewed	34932
annually for a maximum of five years. The fee for renewal of a	34933
training certificate shall be thirty-five dollars.	34934

The board shall maintain a register of all individuals who	34935
hold training certificates.	34936

(C) The holder of a valid training certificate shall be	34937
entitled to perform such acts as may be prescribed by or	34938
incidental to the holder's internship, residency, or clinical	34939
fellowship program, but the holder shall not be entitled otherwise	34940
to engage in the practice of podiatric medicine and surgery in	34941
this state. The holder shall limit activities under the	34942
certificate to the programs of the hospitals or facilities for	34943
which the training certificate is issued. The holder shall train	34944
only under the supervision of the podiatrists responsible for	34945
supervision as part of the internship, residency, or clinical	34946
fellowship program. A training certificate may be revoked by the	34947
board upon proof, satisfactory to the board, that the holder	34948
thereof has engaged in practice in this state outside the scope of	34949
the internship, residency, or clinical fellowship program for	34950
which the training certificate has been issued, or upon proof,	34951
satisfactory to the board, that the holder thereof has engaged in	34952
unethical conduct or that there are grounds for action against the	34953
holder under section 4731.22 of the Revised Code.	34954

(D) The board may adopt rules as the board finds necessary	34955
to effect the purpose of this section.	34956

Sec. 4734.20. (A) Except for persons seeking to practice	34958
chiropractic under a special limited license issued pursuant to	34959
section 4734.27 of the Revised Code, each person seeking to	34960
practice chiropractic in this state shall apply in writing to	34961
the state chiropractic board for a license to practice	34962
chiropractic. The application shall be made under oath, on a form	34963
prescribed by the board, and shall be accompanied by a fee of two	34964
hundred fifty dollars.	34965

(B) Except as provided in sections 4734.23 and 4734.24 of	34966
the Revised Code, to receive a chiropractic license, an applicant	34967
must meet the following conditions:	34968

(1) The applicant must be at least twenty-one years of age,	34969
be of good moral character, and possess a high school education	34970
or its equivalent.	34971

(2) The applicant must have successfully completed, prior to	34972
matriculation at a school or college of chiropractic, at least two	34973
years of college credit in the arts and sciences at a college or	34974
university accredited by a state or regional accrediting	34975
organization recognized by the board, except that the board may	34976
adopt rules in accordance with Chapter 119. of the Revised Code	34977
that require completion of additional years of college credit or	34978
receipt of a college degree in an area specified in the rules.	34979

(3) The applicant must be a graduate of and hold the	34980
degree of doctor of chiropractic from a school or college of	34981
chiropractic approved by the board under section 4734.21 of the	34982
Revised Code.	34983

(4) The applicant must have received one of the following	34984
from the national board of chiropractic examiners, as appropriate	34985
according to the date of the applicant's graduation from a school	34986
or college of chiropractic:	34987

(a) If the applicant graduated on or after January 1, 1970,	34988
but before January 1, 1989, a "diplomate certificate" or	34989
"certificate of attainment" evidencing passage of parts I and II	34990
and the physiotherapy section of the national board's	34991
examinations;	34992

(b) If the applicant graduated on or after January 1, 1989,	34993
but before January 1, ~~2000~~ 2002, a "certificate of attainment"	34994
evidencing passage of parts I, II, and III and the physiotherapy	34995
section of the national board's examinations;	34996

(c) If the applicant graduated on or after January 1, ~~2000~~	34997
2002, a "certificate of attainment" evidencing passage of parts I,	34998
II, III, and IV and the physiotherapy section of the national	34999
board's examinations.	35000

(5) The applicant must have passed the board's jurisprudence	35001
examination conducted under section 4734.22 of the Revised Code.	35002

(C) The board shall issue a license to practice chiropractic	35003
to each applicant who files a complete application, pays all	35004
applicable fees, and meets the conditions specified in division	35005
(B) of this section. The burden of proof is on the applicant, to	35006
prove by clear and convincing evidence to the board, that the	35007
applicant meets the conditions for receipt of the license.	35008

The board may conduct any investigation it considers	35009
appropriate to verify an applicant's credentials, moral character,	35010
and fitness to receive a license. In conducting an investigation,	35011
the board may request information from the records maintained by	35012
the federal bureau of investigation, the bureau of criminal	35013
identification and investigation, and any other repositories of	35014
criminal records held in this or another state. The board may	35015
charge the applicant a fee for conducting the investigation. The	35016
amount of the fee shall not exceed the expenses the board incurs	35017
in conducting the investigation and may include any fees that must	35018
be paid to obtain information in the criminal record.	35019

Sec. 4736.12. (A) The state board of sanitarian	35020
registration shall charge the following fees:	35021

(1) To apply as a sanitarian-in-training, ~~fifty-five~~	35022
fifty-seven dollars;	35023

(2) For sanitarians-in-training to apply for registration as	35024
sanitarians, ~~fifty-five~~ fifty-seven dollars. The applicant shall	35025
pay this fee only once regardless of the number of times the	35026
applicant takes an examination required under section 4736.08 of	35027
the Revised Code.	35028

(3) For persons other than sanitarians-in-training to apply	35029
for registration as sanitarians, including persons meeting the	35030
requirements of section 4736.16 of the Revised Code, one hundred	35031
~~ten~~ fourteen dollars. The applicant shall pay this fee only once	35032
regardless of the number of times the applicant takes an	35033
examination required under section 4736.08 of the Revised Code.	35034

(4) The renewal fee for registered sanitarians shall be	35035
fixed by the board and shall not exceed ~~fifty-eight~~ sixty-one	35036
dollars.	35037

(5) The renewal fee for sanitarians-in-training shall be	35038
fixed by the board and shall not exceed ~~fifty-eight~~ sixty-one	35039
dollars.	35040

(6) For late application for renewal, twenty-five dollars.

35041

The board of sanitarian registration, with the approval of	35042
the controlling board, may establish fees in excess of the amounts	35043
provided in this section, provided that such fees do not exceed	35044
the amounts permitted by this section by more than fifty per cent.	35045

(B) The board of sanitarian registration shall charge	35046
separate fees for examinations as required by section 4736.08 of	35047
the Revised Code, provided that the fees are not in excess of the	35048
actual cost to the board of conducting the examinations.	35049

(C) The board of sanitarian registration may adopt rules	35050
establishing fees for all of the following:	35051

(1) Application for the registration of a training agency	35052
approved under rules adopted by the board pursuant to section	35053
4736.11 of the Revised Code and for the annual registration	35054
renewal of an approved training agency.	35055

(2) Application for the review of continuing education hours	35056
submitted for the board's approval by approved training agencies	35057
or by registered sanitarians or sanitarians-in-training.	35058

Sec. 4736.14. The state board of sanitarian registration	35059
may, upon application and proof of valid registration, issue a	35060
certificate of registration to any ~~resident of this state~~ person	35061
who is or has been registered as a sanitarian by any other state,	35062
if the requirements of that state at the time of such registration	35063
are determined by the board to be at least equivalent to the	35064
requirements of this chapter.	35065

Sec. 4743.05. Except as otherwise provided in ~~sections~~	35066
section 4701.20~~, and 4729.65~~ of the Revised Code, all money	35067
collected under Chapters 3773., 4701., 4703., 4709., 4713., 4715.,	35068
4717., 4723., 4725., ~~4729.,~~ 4732., 4733., 4734., 4736., 4741.,	35069
4753., 4755., 4757., 4759., and 4761. of the Revised Code, and	35070
until December 31, 2004, money collected under Chapter 4779. of	35071
the Revised Code, shall be paid into the state treasury to the	35072
credit of the occupational licensing and regulatory fund, which is	35073
hereby created for use in administering such chapters. ~~Money~~	35074
~~deposited to the credit of the fund under section 4731.24 of the~~	35075
~~Revised Code shall be used until July 1, 1998, for administering~~	35076
~~Chapters 4730. and 4731. of the Revised Code.~~	35077

At the end of each quarter, the director of budget and	35078
management shall transfer from the occupational licensing and	35079
regulatory fund to the nurse education assistance fund created in	35080
section 3333.28 of the Revised Code the amount certified to the	35081
director under division (B) of section 4723.08 of the Revised	35082
Code.	35083

At ~~the end of the first quarter of 1995 and at~~ the end of	35084
each quarter ~~thereafter~~, the director shall transfer from the	35085
occupational licensing and regulatory fund to the certified public	35086
accountant education assistance fund created in section 4701.26 of	35087
the Revised Code the amount certified to the director under	35088
division ~~(D)~~(H)(2) of section 4701.10 of the Revised Code.	35089

Sec. 4755.01. As used in sections 4755.01 to 4755.12 and	35090
section 4755.99 of the Revised Code:	35091

(A) "Occupational therapy" means the evaluation of learning	35092
and performance skills and the analysis, selection, and adaptation	35093
of activities for an individual whose abilities to cope with daily	35094
living, perform tasks normally performed at ~~his~~ the individual's	35095
stage of development, and perform vocational tasks are threatened	35096
or impaired by developmental deficiencies, the aging process,	35097
environmental deprivation, or physical, psychological, or social	35098
injury or illness, through specific techniques which include:	35099

(1) Planning and implementing activities and programs to	35100
improve sensory and motor functioning at the level of performance	35101
normal for the individual's stage of development;	35102

(2) Teaching skills, behaviors, and attitudes crucial to the	35103
individual's independent, productive, and satisfying social	35104
functioning;	35105

(3) Designing, fabricating, applying, recommending, and	35106
instructing in the use of selected orthotic or prosthetic devices	35107
and other equipment which assists the individual to adapt to ~~his~~	35108
the individual's potential or actual impairment;	35109

(4) Analyzing, selecting, and adapting activities to	35110
maintain the individual's optimal performance of tasks and to	35111
prevent further disability;	35112

(5) Administration of topical drugs that have been prescribed	35113
by a licensed health professional authorized to prescribe drugs,	35114
as defined in section 4729.01 of the Revised Code.	35115

(B) "Occupational therapist" means a person who is licensed	35116
to practice occupational therapy and who offers such services to	35117
the public under any title incorporating the words "occupational	35118
therapy," "occupational therapist," or any similar title or	35119
description of services.	35120

(C) "Occupational therapy assistant" means a person licensed	35121
to apply the more standard occupational therapy techniques under	35122
the general supervision of an occupational therapist.	35123

Sec. 4761.05. (A) The Ohio respiratory care board shall	35124
issue a license to any applicant who complies with the	35125
requirements of section 4761.04 of the Revised Code, files the	35126
prescribed application form, and pays the fee or fees required	35127
under section 4761.07 of the Revised Code. The license entitles	35128
the holder to practice respiratory care. The licensee shall	35129
display the license in a conspicuous place at the licensee's	35130
principal place of business.	35131

(B)(1) The board shall issue a limited permit to any	35132
applicant who meets the requirements of division (A)(1) of section	35133
4761.04 of the Revised Code, files the prescribed application	35134
form, pays the fee required under section 4761.07 of the Revised	35135
Code, and meets either of the following requirements:	35136

(a) Is enrolled in and is in good standing in a respiratory	35137
care educational program approved by the board that meets the	35138
requirements of division (A)(2) of section 4761.04 of the Revised	35139
Code leading to a degree or certificate of completion or is a	35140
graduate of the program;	35141

(b) Is employed as a provider of respiratory care in this	35142
state and was employed as a provider of respiratory care in this	35143
state prior to March 14, 1989.	35144

(2) The limited permit authorizes the holder to provide	35145
respiratory care under the supervision of a respiratory care	35146
professional. A person issued a limited permit under division	35147
(B)(1)(a) of this section may practice respiratory care under the	35148
limited permit for not more than the earliest of the following:	35149

(a) Three years after the date the limited permit is issued;

35150

(b) One year following the date of receipt of a certificate	35151
of completion from a board-approved respiratory care education	35152
program;	35153

(c) Until the holder ~~completes or~~ discontinues participation	35154
in the educational program.	35155

The board may extend the term of a limited permit in cases of	35156
unusual hardship. The holder seeking an extension shall petition	35157
the board in the form and manner prescribed by the board in rules	35158
adopted under section 4761.03 of the Revised Code. This division	35159
does not require a student enrolled in an educational program	35160
leading to a degree or certificate of completion in respiratory	35161
care approved by the board to obtain a limited permit to perform	35162
any duties that are part of the required course of study.	35163

(3) A person issued a limited permit under division	35164
(B)(1)(b) of this section may practice under a limited permit for	35165
not more than three years, except that this restriction does not	35166
apply to a permit holder who, on March 14, 1989, has been employed	35167
as a provider of respiratory care for an average of not less than	35168
twenty-five hours per week for a period of not less than five	35169
years by a hospital.	35170

(C) All holders of licenses and limited permits issued under	35171
this section shall display, in a conspicuous place on their	35172
persons, information that identifies the type of authorization	35173
under which they practice.	35174

Sec. 4771.22. The Ohio athletic commission shall deposit all	35175
money it receives under this chapter to the credit of the athlete	35176
agents registration fund, which is hereby created in the state	35177
treasury. The commission shall use the fund to administer and	35178
enforce this chapter.	35179

Sec. 4775.01. As used in this chapter:

35180

(A) "Motor vehicle" has the same meaning as in section	35181
4501.01 of the Revised Code.	35182

(B) "Collision" means an occurrence in which two or more	35183
objects, whether mobile or stationary, contact one another in a	35184
manner that causes the alteration of the surface, structure, or	35185
appearance, whether separately or collectively, of an object that	35186
is party to the occurrence.	35187

(C) "Collision repair" means any and all restorative or	35188
replacement procedures that are performed on and affect or	35189
potentially affect the structural, life safety, and cosmetic	35190
components of a motor vehicle that has been damaged as a result of	35191
a collision. "Collision repair" also includes any procedure that	35192
is employed for the purpose of repairing, restoring, replacing, or	35193
refinishing, whether wholly or separately, any structural, life	35194
safety, or cosmetic component of a motor vehicle to a condition	35195
approximating or replicating the function, use, or appearance of	35196
the component prior to a collision.	35197

(D) "Motor vehicle collision repair operator" means a any	35198
person ~~who owns or manages, in whole or in part, a motor vehicle~~	35199
~~collision repair facility, whether or not mechanical or other~~	35200
~~repairs also are performed at the facility~~, sole proprietorship,	35201
foreign or domestic partnership, limited liability corporation, or	35202
other legal entity that is not an employee or agent of a principal	35203
and performs five or more motor vehicle collision repairs in a	35204
calendar year, but does not mean any of the following:	35205

(1) An employee, other than a manager, of a motor vehicle	35207
collision repair operator;	35208

(2) A motor vehicle dealer licensed pursuant to sections	35209
4517.01 to 4517.45 of the Revised Code;	35210

(3) A motor vehicle dealer licensed pursuant to sections	35211
4517.01 to 4517.45 of the Revised Code who also is the owner, part	35212
owner, or operator of a motor vehicle collision repair facility;	35213

(4) A motor vehicle auction owner licensed pursuant to	35214
sections 4517.01 to 4517.45 of the Revised Code;	35215

(5) A motor vehicle leasing dealer licensed pursuant to	35216
sections 4517.01 to 4517.45 of the Revised Code;	35217

(6) A motor vehicle salvage dealer licensed pursuant to	35218
~~sections 4738.01 to 4738.18~~ Chapter 4738. of the Revised Code;	35219

(7) A person or lessee who owns or leases ten or more motor	35220
vehicles used principally in connection with any established	35221
business and who does not perform motor vehicle collision repairs	35222
on motor vehicles other than the motor vehicles used principally	35223
in connection with the established business;	35224

(8) A motor vehicle renting dealer as defined in division	35225
(A)(2) of section 4549.65 of the Revised Code who does not perform	35226
motor vehicle collision repairs on motor vehicles other than the	35227
motor vehicles used in connection with the established motor	35228
vehicle renting business;	35229

(9) A person who performs collision repairs to the motor	35230
vehicles of a single commercial, industrial, or governmental	35231
establishment exclusively and does not offer or provide motor	35232
vehicle collision repair service to the general public;	35233

(10) The owner, part owner, or officer of, or instructor	35234
employed by, an educational institution that provides instruction	35235
in motor vehicle collision repair while the owner, part owner,	35236
officer of, or instructor is engaging in activity in furtherance	35237
of instruction in motor vehicle collision repair.	35238

~~(C)~~(E) "Motor vehicle collision repair facility" means a	35239
~~business~~ location in from which five or more separate motor	35240
vehicle collision repairs are performed ~~for the general public~~ on	35241
motor vehicles in a twelve-month period, commencing with the day	35242
of the month in which the first such repair is made.	35243

Sec. 4775.02. (A) No person shall act as a motor vehicle	35244
collision repair operator unless the person is registered in	35245
accordance with this chapter.	35246

(B) Any person or entity that conducts or attempts to	35247
conduct business as a motor vehicle collision repair operator in	35248
violation of this chapter performs an unfair and deceptive act or	35249
practice in violation of section 1345.02 of the Revised Code.	35250

Sec. 4775.08. (A) The initial and annual renewal fee for a	35251
motor vehicle collision repair registration certificate and for a	35252
temporary motor vehicle collision repair registration certificate	35253
is one hundred fifty dollars for each business location at which	35254
the motor vehicle collision repair operator conducts business as	35255
an operator, except that the board of motor vehicle collision	35256
repair registration, with the approval of the controlling board,	35257
may establish fees in excess of or less than that amount, provided	35258
that such fees do not exceed or are not less than that amount by	35259
more than fifty per cent.	35260

The board shall adjust the fees as necessary in order to	35261
provide for the expenses associated with carrying out this chapter	35262
without causing an excessive build-up of surplus funds in the	35263
motor vehicle collision repair registration fund, which is hereby	35264
created in the state treasury.	35265

(B) If the board has notified or attempted to notify a motor	35266
vehicle collision repair operator that the operator is required to	35267
be registered under this chapter, and the operator fails to	35268
register, the initial fee for the registration of such an	35269
unregistered operator for each business location at which the	35270
operator conducts business as an operator, is the initial fee then	35271
in effect plus an additional amount equal to the initial fee then	35272
in effect for each calendar year that the operator is not	35273
registered after the board has notified or attempted to notify the	35274
operator.	35275

(C) The board shall deposit all fees and fines collected	35276
under this chapter into the motor vehicle collision repair	35277
registration fund~~, which is hereby created in the state treasury~~.	35278
The board shall use the fund solely for the administration and	35279
enforcement of this chapter.	35280

Sec. 4775.99. (A) Whoever violates section 4775.02 of the	35281
Revised Code shall be fined not more than one thousand dollars on	35282
a first offense. On each subsequent offense, the offender shall	35283
be fined not less than one thousand nor more than five thousand	35284
dollars.	35285

(B) After conducting an investigation and upon establishing	35286
that a violation of section 4775.02 of the Revised Code has	35287
occurred, the board of motor vehicle collision repair	35288
registration, in addition to any other action it may take or any	35289
other penalty imposed pursuant to this chapter, may impose an	35290
administrative fine on the person or entity that committed the	35291
violation in an amount of not more than one thousand dollars on a	35292
first offense. On each subsequent offense, the board may impose	35293
an administrative fine of not less than one thousand dollars nor	35294
more than five thousand dollars. If the administrative fine is	35295
not paid, the attorney general, upon the board's request, shall	35296
commence a civil action to collect the administrative fine.	35297

Sec. 4779.01. As used in this chapter:

35298

(A) "Accommodative" means designed with the primary goal of	35299
conforming to the anatomy of a particular individual.	35300

(B) "Full-time" means not less than one thousand six hundred	35301
hours per year.	35302

(C) "Inlay" means any removable material on which the foot	35303
rests inside a shoe and that may be an integral design component	35304
of the shoe.	35305

(D) "Orthotics" means the evaluation, measurement, design,	35306
fabrication, assembly, fitting, adjusting, servicing, or training	35307
in the use of an orthotic or pedorthic device, or the repair,	35308
replacement, adjustment, or service of an existing orthotic or	35309
pedorthic device. It does not include upper extremity adaptive	35310
equipment used to facilitate the activities of daily living,	35311
finger splints, wrist splints, prefabricated elastic or fabric	35312
abdominal supports with or without metal or plastic reinforcing	35313
stays and other prefabricated soft goods requiring minimal	35314
fitting, nontherapeutic accommodative inlays, shoes that are not	35315
manufactured or modified for a particular individual,	35316
prefabricated foot care products, durable medical equipment,	35317
dental appliances, pedorthic devices, or devices implanted into	35318
the body by a physician.	35319

(E) "Orthotic device" means a custom fabricated or fitted	35320
medical device used to support, correct, or alleviate	35321
neuromuscular or musculoskeletal dysfunction, disease, injury, or	35322
deformity.	35323

(F) "Pedorthics" means the evaluation, measurement, design,	35324
fabrication, assembly, fitting, adjusting, servicing, or training	35325
in the use of a pedorthic device, or the repair, replacement,	35326
adjustment, or servicing of a pedorthic device.	35327

(G) "Pedorthics device" means a custom fabricated or fitted	35328
therapeutic shoe, shoe modification for therapeutic purposes,	35329
prosthetic filler of the forefoot, or foot orthosis for use from	35330
the apex of the ~~medical malleus~~ medial malleolus and below. It	35331
does not include an arch support, a nontherapeutic accommodative	35332
inlay, nontherapeutic accommodative footwear, prefabricated	35333
footcare products, or unmodified, over-the-counter shoes.	35334

(H) "Prosthetics" means the evaluation, measurement, design,	35335
fabrication, assembly, fitting, adjusting, servicing, or training	35336
in the use of a prosthesis or pedorthic device, or the repair,	35337
replacement, adjustment, or service of a prosthesis or pedorthic	35338
device.	35339

(I) "Prosthesis" means a custom fabricated or fitted medical	35340
device used to replace a missing appendage or other external body	35341
part. It includes an artificial limb, hand, or foot, but does not	35342
include devices implanted into the body by a physician, artificial	35343
eyes, intraocular lenses, dental appliances, ostomy products,	35344
cosmetic devices such as breast prostheses, eyelashes, wigs, or	35345
other devices that do not have a significant impact on the	35346
musculoskeletal functions of the body.	35347

Sec. 4779.02. (A) Except as provided in division (B) of this	35348
section, no person shall practice or represent that the person is	35349
authorized to practice orthotics, prosthetics, or pedorthics	35350
unless the person holds a current, valid license issued or renewed	35351
under this chapter.	35352

(B) Division (A) of this section does not apply to any of	35353
the following:	35354

(1) An individual who holds a current, valid license,	35355
certificate, or registration issued under Chapter 4723., 4730.,	35356
4731., 4734., or 4755. of the Revised Code and is practicing	35357
within the individual's scope of practice under statutes and rules	35358
regulating the individual's profession;	35359

(2) An individual who practices orthotics, prosthetics, or	35360
pedorthics as an employee of the federal government and is engaged	35361
in the performance of duties prescribed by statutes and	35362
regulations of the United States;	35363

(3) An individual who provides orthotic, prosthetic, or	35364
pedorthic services under the supervision of a licensed orthotist,	35365
prosthetist, or pedorthist in accordance with section 4779.04 of	35366
the Revised Code;	35367

(4) An individual who provides orthotic, prosthetic, or	35368
pedorthic services as part of an educational, certification, or	35369
residency program approved by the board under sections 4779.25 to	35370
4779.27 of the Revised Code;	35371

(5) An individual who provides orthotic, prosthetic, or	35372
pedorthic services under the direct supervision of an individual	35373
authorized under Chapter 4731. of the Revised Code to practice	35374
medicine and surgery or osteopathic medicine and surgery.	35375

Sec. 4779.16. The state board of orthotics, prosthetics, and	35376
pedorthics shall issue a license under section 4779.09 of the	35377
Revised Code to practice orthotics, prosthetics, orthotics and	35378
prosthetics, or pedorthics without examination to an applicant who	35379
meets the requirements of divisions (A) and (B) of this section:	35380

(A) Not later than July 27, 2001, applies to the board in	35381
accordance with section 4779.09 of the Revised Code;	35382

(B)(1) In the case of an applicant for a license to practice	35383
orthotics, is actively practicing or teaching orthotics on October	35384
27, 2000, and complies with division (B)~~(2)~~(1)(a) or (b) of this	35385
section:	35386

(a) The applicant meets all of the following requirements:	35387

(i) Holds a bachelor's degree or higher from a nationally	35388
accredited college or university in the United States;	35389

(ii) Has completed a certificate program in orthotics	35390
approved by the board under section 4779.26 of the Revised Code;	35391

(iii) Is certified in orthotics by the American board for	35392
certification in orthotics and prosthetics, the board of	35393
orthotist/prosthetist certification, or an equivalent successor	35394
organization recognized by the board;	35395

(iv) Has completed a residency program approved by the board	35396
under section 4779.27 of the Revised Code.	35397

(b) The individual meets both of the following requirements:

35398

(i) Has a minimum of three years of documented, full-time	35399
experience practicing or teaching orthotics;	35400

(ii) Has passed the certification examination in orthotics	35401
developed by the American board of certification in orthotics and	35402
prosthetics, the board of orthotist/prosthetist certification, or	35403
an equivalent organization recognized by the board.	35404

(2) In the case of an applicant for a license to practice	35405
prosthetics, is actively practicing or teaching prosthetics on	35406
October 27, 2000, and complies with division (B)(2)(a) or (b) of	35407
this section:	35408

(a) The applicant meets all of the following requirements:

35409

(i) Holds a bachelor's degree or higher from a nationally	35410
accredited college or university in the United States;	35411

(ii) Has completed a certificate program in prosthetics	35412
approved by the board under section 4779.26 of the Revised Code;	35413

(iii) Is certified in prosthetics by the American board for	35414
certification in orthotics and prosthetics, the board of	35415
orthotist/prosthetist certification, or an equivalent successor	35416
organization recognized by the board;	35417

(iv) Has completed a residency program approved by the board	35418
under section 4779.27 of the Revised Code.	35419

(b) The applicant meets both of the following requirements:

35420

(i) Has a minimum of three years of documented, full-time	35421
experience practicing or teaching prosthetics;	35422

(ii) Has passed the certification examination in prosthetics	35423
of the American board of certification in orthotics and	35424
prosthetics, the board of orthotist/prosthetist certification, or	35425
an equivalent organization recognized by the board.	35426

(3) In the case of an applicant for a license to practice	35427
orthotics and prosthetics, the applicant complies with division	35428
(B)(3)(a) or (b) of this section:	35429

(a) The applicant meets all of the following requirements:	35430

(i) Holds a bachelor's degree or higher from an accredited	35431
college or university in the United States;	35432

(ii) Has completed a certificate program in orthotics and	35433
prosthetics approved by the board under section 4779.26 of the	35434
Revised Code;	35435

(iii) Has completed a residency program in orthotics and	35436
prosthetics approved under section 4779.27 of the Revised Code;	35437

(iv) Is certified in orthotics and prosthetics by the	35438
American board for certification in orthotics and prosthetics, the	35439
board of orthotist/prosthetist certification, or an equivalent	35440
successor organization recognized by the board;	35441

(b) The applicant meets both of the following requirements:	35442

(i) Has a minimum of six years of documented, full-time	35443
experience practicing or teaching orthotics and prosthetics;	35444

(ii) Has passed the orthotics and prosthetics certification	35445
examination requirements of the American board for certification	35446
in orthotics and prosthetics, the board of orthotist/prosthetist	35447
certification, or an equivalent organization recognized by the	35448
board.	35449

(4) In the case of an applicant for a license to practice	35450
pedorthics, is actively practicing or teaching pedorthics on	35451
October 27, 2000, and is certified in pedorthics by the board for	35452
certification in pedorthics.	35453

Sec. 4779.19. A license issued under section 4779.09 of the	35454
Revised Code or renewed under section 4779.20 of the Revised Code	35455
is valid ~~for not less than three years and not more than four~~	35456
~~years and~~ from the date of issuance until the date it expires,	35457
unless earlier suspended or revoked. An initial license and each	35458
renewed license expires on the thirty-first day of January	35459
immediately succeeding the date of issuance.	35460

Sec. 4779.20. (A) An individual seeking to renew a license	35461
issued under section 4779.09 of the Revised Code shall, on or	35462
before the ~~thirty-first~~ day ~~of January of the year in which~~ the	35463
license expires pursuant to section 4779.19 of the Revised Code,	35464
apply for renewal. The state board of orthotics, prosthetics, and	35465
pedorthics shall send renewal notices at least one month prior to	35466
the expiration date.	35467

Applications shall be submitted to the board on forms the	35468
board prescribes and furnishes. Each application shall be	35469
accompanied by a renewal fee specified in rules adopted by the	35470
board under section 4779.08 of the Revised Code, except that the	35471
board may waive part of the renewal fee for the first renewal of	35472
an initial license that expires one hundred days or less after it	35473
is issued.	35474

(B) ~~To be eligible for renewal other than a first renewal,~~	35475
~~the~~ Beginning with the fourth renewal and every third renewal	35476
thereafter, a license holder must certify to the board one of the	35477
following:	35478

(1) In the case of an individual licensed as an orthotist or	35479
prosthetist, the individual has completed within the preceding	35480
three years forty-five continuing education units granted by the	35481
board under section 4779.24 of the Revised Code;	35482

(2) In the case of an individual licensed as a prosthetist	35483
and orthotist, the individual has completed within the preceding	35484
three years seventy-five continuing education units granted by the	35485
board under section 4779.24 of the Revised Code;	35486

(3) In the case of an individual licensed as a pedorthist,	35487
the individual has completed within the previous three years the	35488
continuing education courses required by the board for	35489
certification in pedorthics or an equivalent organization	35490
recognized by the board.	35491

Sec. 4779.26. The state board of orthotics, prosthetics, and	35492
pedorthics shall recognize a certificate program in orthotics,	35493
prosthetics, or orthotics and prosthetics if the program satisfies	35494
all of the following requirements:	35495

(A) Meets the requirements in divisions (B), (C), (D), (E),	35496
(F), (K), and (L) of section ~~4779.24~~ 4779.25 of the Revised Code;	35497

(B) In the case of a certificate program in orthotics, the	35498
program does all of the following:	35499

(1) Provides not less than two semesters or three quarters	35500
of instruction in orthotics;	35501

(2) Requires students to complete not less than two hundred	35502
fifty hours of supervised clinical experience that focuses on	35503
patient-related activities, recommendation, measurement,	35504
impression-taking, model rectification, fabrication, fitting, and	35505
evaluating patients in the use and function of orthotics;	35506

(3) Meets the requirements in divisions (G) and (H) of	35507
section 4779.25 of the Revised Code.	35508

(C) In the case of a certificate program in prosthetics, the	35509
program does all of the following:	35510

(1) Provides not less than two semesters or three quarters	35511
of instruction in prosthetics;	35512

(2) Requires students to complete not less than two hundred	35513
fifty hours of supervised clinical experience that focuses on	35514
patient-related activities, recommendation, measurement,	35515
impression-taking, model rectification, fabrication, fitting, and	35516
evaluating patients in the use and function of prosthetics;	35517

(3) Meets the requirements in divisions (F) and (I) of	35518
section 4779.25 of the Revised Code.	35519

(D) In the case of a certificate program in orthotics and	35520
prosthetics, the program does both of the following:	35521

(1) Provides not less than two semesters or three quarters	35522
of instruction in orthotics and two semesters or three quarters of	35523
instruction in prosthetics;	35524

(2) Meets the requirements in divisions (H) and (I) of	35525
section 4779.25 of the Revised Code.	35526

Sec. 4905.071. (A) As used in this section, "personal	35527
information" has the same meaning as in section 1347.01 of the	35528
Revised Code.	35529

(B)(1) Personal information of an individual that is	35530
obtained by the public utilities commission, reduced to written or	35531
electronic form, and used in implementing lawful, regulatory	35532
authority of the commission is not a public record pursuant to	35533
section 149.43 or 4901.12 of the Revised Code and is not open to	35534
inspection pursuant to section 4905.07 of the Revised Code, unless	35535
the individual waives nondisclosure under those sections.	35536

(2) Notwithstanding division (B)(1) of this section and	35537
solely for the purpose of resolving a consumer complaint or a	35538
complaint filed or presented pursuant to section 4905.26 or	35539
4909.153 of the Revised Code or assisting the consumers' counsel	35540
in carrying out the authority conferred by Chapter 4911. of the	35541
Revised Code, the commission may disclose personal information	35542
described in division (B)(1) of this section without that	35543
information becoming a public record pursuant to section 149.43 or	35544
4901.12 of the Revised Code or being open to inspection pursuant	35545
to section 4905.07 of the Revised Code.	35546

Sec. 4905.87. (A) To the extent funding is available in the	35547
biomass energy program fund, the public utilities commission shall	35548
maintain a program to promote the development and use of biomass	35549
energy.	35550

(B) The biomass energy program fund is hereby created in the	35551
state treasury. Money received by the commission for the program	35552
maintained under this section shall be credited to the fund, and	35553
used for that program.	35554

Sec. 4911.17. There is hereby created a nine-member	35556
consumers' counsel governing board consisting of three	35557
representatives of organized groups representing each of the	35558
following areas: labor; residential consumers; and family farmers.	35559
No more than five members of this board may be members of the same	35560
political party.	35561

The members of the board shall be appointed by the attorney	35562
general with the advice and consent of the senate.	35563

No later than January 1, 1977, the attorney general shall	35564
make initial appointments to the board. Of the initial	35565
appointments made to the board, three shall be for a term ending	35566
one year after September 1, 1976, three shall be for a term ending	35567
two years after that date, and three shall be for a term ending	35568
three years after that date. Thereafter, terms of office shall be	35569
for three years, each term ending on the same day of the same	35570
month of the year as did the term that it succeeds. Each member	35571
shall hold office from the date of the member's appointment until	35572
the end of the term for which the member was appointed. Any	35573
member appointed to fill a vacancy occurring prior to the	35574
expiration of the term for which the member's predecessor was	35575
appointed shall hold office for the remainder of that term. Any	35576
member shall continue in office subsequent to the expiration date	35577
of the member's term until the member's successor takes office.	35578

The governing board ~~shall meet within thirty days after all~~	35579
~~appointments have been made and select from among its membership a~~	35580
~~chairperson and vice-chairperson. The board~~ shall meet at least	35581
every ~~other~~ third month ~~thereafter~~ of the year. Meetings may be	35582
held more often at the request of a majority of the members or	35583
upon call of the chairperson. A At the first meeting of each year,	35584
the board shall select a chairperson and vice-chairperson. With	35585
the approval of the board, the chairperson may designate the	35586
vice-chairperson to perform the duties of the chairperson,	35587
including those provided in section 4901.021 of the Revised Code.	35588

A majority of the members constitutes a quorum. No action	35589
shall be taken without the concurrence of a majority of the full	35590
membership of the board. The consumers' counsel shall at all	35591
times remain responsible to the governing board. Members of the	35592
board shall be compensated at the rate of one hundred fifty	35593
dollars per board meeting attended in person, not to exceed one	35594
thousand two hundred dollars per year. All members shall be	35595
reimbursed for actual and necessary expenses incurred in the	35596
performance of ~~the~~ their official duties.	35597

The board shall submit to the general assembly no later than	35598
the first day of April, annually, a report outlining the	35599
expenditures of the office of consumers' counsel, a full record of	35600
participation in any and all proceedings, and an outline of other	35601
relevant activities of the office.	35602

Sec. 4921.18. (A) Every motor transportation company or	35603
common carrier by motor vehicle operating in this state shall, at	35604
the time of the issuance of a certificate of public convenience	35605
and necessity to it and annually thereafter on or between the	35606
first and the fifteenth days of July of each year, pay to the	35607
public utilities commission, for and on behalf of the treasurer of	35608
state, the following taxes:	35609

(1) For each motor-propelled or motor-drawn vehicle used for	35610
transporting persons, ~~multiply the normal number of passengers~~	35611
~~that can be seated at one time in each such vehicle by four~~ thirty	35612
dollars;	35613

(2) For each commercial tractor, as defined in section	35614
4501.01 of the Revised Code, used for transporting property,	35615
thirty dollars;	35616

(3) For each motor truck transporting property, twenty	35617
dollars;	35618

~~(4) For each motor-propelled vehicle used for transporting~~	35619
~~both persons and property simultaneously, the tax shall be~~	35620
~~computed on the basis of either property transportation or~~	35621
~~passenger capacity, and the basis which yields the greater revenue~~	35622
~~shall apply~~.	35623

(B) A trailer used by a motor transportation company or	35624
common carrier by motor vehicle shall not be taxed under this	35625
section.	35626

(C) The annual tax levied by this section does not apply in	35627
those cases where the commission finds that the movement of	35628
agricultural commodities or foodstuffs produced therefrom requires	35629
a temporary and seasonal use of vehicular equipment for a period	35630
of not more than ninety days. In such event the tax on such	35631
vehicular equipment shall be twenty-five per cent of the annual	35632
tax levied by this section. If any vehicular equipment is used in	35633
excess of such ninety-day period the annual tax levied by this	35634
section shall be paid.	35635

(D) Any motor-propelled or motor-drawn vehicle used for	35636
transporting persons, commercial tractor as defined in section	35637
4501.01 of the Revised Code, or motor truck used for the	35638
transportation of property, with respect to which the tax imposed	35639
by this section has been paid, may be used by another motor	35640
transportation company or common carrier, or by a private motor	35641
carrier or contract carrier, without further payment of the tax	35642
imposed by this section or by section 4923.11 of the Revised Code.	35643

(E) The commission shall account for the taxes collected	35644
pursuant to this section, and shall pay such taxes to the	35645
treasurer of state pursuant to section 4923.12 of the Revised Code	35646
on or before the fifteenth day of each month for the taxes	35647
collected in each preceding month.	35648

(F) All taxes levied upon the issuance of a certificate to	35649
any motor transportation company or common carrier by motor	35650
vehicle shall be reckoned as from the beginning of the quarter in	35651
which such certificate is issued or the use of equipment under any	35652
existing certificate began.	35653

Sec. 4923.11. (A) Every private motor carrier or contract	35654
carrier by motor vehicle operating in this state shall, at the	35655
time of the issuance of its permit, and annually thereafter on or	35656
between the first and fifteenth days of July of each year, pay to	35657
the public utilities commission for and on behalf of the treasurer	35658
of state, the following taxes:	35659

(1) For each motor-propelled or motor-drawn vehicle used for	35660
transporting persons, ~~multiply the normal number of passengers~~	35661
~~that can be seated at one time in each such vehicle by four~~ thirty	35662
dollars;	35663

(2) For each commercial tractor, as defined in section	35664
4501.01 of the Revised Code, used for transporting property,	35665
thirty dollars;	35666

(3) For each motor truck transporting property, twenty	35667
dollars;	35668

~~(4) For each motor-propelled vehicle used for transporting~~	35669
~~both persons and property simultaneously, the tax shall be~~	35670
~~computed on the basis of either property transportation or~~	35671
~~passenger capacity, and the basis which yields the greater revenue~~	35672
~~shall apply~~.	35673

(B) A trailer used by a private motor carrier or contract	35674
carrier by motor vehicle shall not be taxed under this section.	35675

(C) The annual tax levied by this section does not apply in	35676
those cases where the commission finds that the movement of	35677
agricultural commodities or foodstuffs produced from agricultural	35678
commodities requires a temporary and seasonal use of vehicular	35679
equipment for a period of not more than ninety days. In that	35680
event the tax on such vehicular equipment shall be twenty-five per	35681
cent of the annual tax levied by this section. If any vehicular	35682
equipment is used in excess of such ninety-day period the annual	35683
tax levied by this section shall be paid.	35684

(D) Any motor-propelled or motor-drawn vehicle used for	35685
transporting persons, commercial tractor as defined in section	35686
4501.01 of the Revised Code, or motor truck used for the	35687
transportation of property, with respect to which the tax imposed	35688
by this section has been paid, may be used by a motor	35689
transportation company or common carrier, or by another private	35690
motor carrier or contract carrier, without further payment of the	35691
tax imposed by this section or by section 4921.18 of the Revised	35692
Code.	35693

(E) The commission shall account for the taxes collected	35694
pursuant to this section, and shall pay such taxes to the	35695
treasurer of state pursuant to section 4923.12 of the Revised Code	35696
on or before the fifteenth day of each month for the taxes	35697
collected in each preceding month.	35698

(F) All taxes levied upon the issuance of a permit to any	35699
private motor carrier or contract carrier by motor vehicle shall	35700
be reckoned as from the beginning of the quarter in which such	35701
permit is issued or the use of equipment under any existing permit	35702
began.	35703

Sec. 5101.14. (A) Within available funds, the department of	35704
job and family services shall make payments to the counties within	35705
thirty days after the beginning of each calendar quarter for a	35706
part of their costs for services to children performed pursuant to	35707
Chapter 5153. of the Revised Code.	35708

Funds provided to the county under this section shall be	35709
deposited into the children services fund created pursuant to	35710
section 5101.144 of the Revised Code.	35711

(B)(1) The funds distributed under this section shall be	35712
used for the following:	35713

(a) Home-based services to children and families;

35714

(b) Protective services to children;

35715

35716

(d) Short-term, out-of-home care and treatment for children;

35717

(e) Costs for the care of a child who resides with a	35718
caretaker relative, other than the child's parent, and is in the	35719
legal custody of a public children services agency pursuant to a	35720
voluntary temporary custody agreement entered into under division	35721
(A) of section 5103.15 of the Revised Code or in the legal custody	35722
of a public children services agency or the caretaker relative	35723
pursuant to an allegation or adjudication of abuse, neglect, or	35724
dependency made under Chapter 2151. of the Revised Code;	35725

(f) Other services a public children services agency	35726
considers necessary to protect children from abuse, neglect, or	35727
dependency.	35728

(2) No funds distributed under this section shall be used	35729
for the costs of maintaining a child in a children's home owned	35730
and operated by the county.	35731

(C) In each fiscal year, the amount of funds available for	35732
distribution under this section shall be allocated to counties as	35733
follows:	35734

(1) If the amount is less than the amount initially	35735
appropriated for the immediately preceding fiscal year, each	35736
county shall receive an amount equal to the percentage of the	35737
funding it received in the immediately preceding fiscal year,	35738
exclusive of any releases from or additions to the allocation or	35739
any sanctions imposed under this section;	35740

(2) If the amount is equal to the amount initially	35741
appropriated for the immediately preceding fiscal year, each	35742
county shall receive an amount equal to the amount it received in	35743
the preceding fiscal year, exclusive of any releases from or	35744
additions to the allocation or any sanctions imposed under this	35745
section;	35746

(3) If the amount is greater than the amount initially	35747
appropriated for the immediately preceding fiscal year, each	35748
county shall receive the amount determined under division (C)(2)	35749
of this section as a base allocation, plus a percentage of the	35750
amount that exceeds the amount initially appropriated for the	35751
immediately preceding fiscal year. The amount exceeding the	35752
amount initially appropriated in the immediately preceding fiscal	35753
year shall be allocated to the counties as follows:	35754

(a) Twelve per cent divided equally among all counties;

35755

(b) Forty-eight per cent in the ratio that the number of	35756
residents of the county under the age of eighteen bears to the	35757
total number of such persons residing in this state;	35758

(c) Forty per cent in the ratio that the number of residents	35759
of the county with incomes under the federal poverty guideline	35760
bears to the total number of such persons in this state.	35761

As used in division (C)(3)(c) of this section, "federal	35762
poverty guideline" means the poverty guideline as defined by the	35763
United States office of management and budget and revised by the	35764
United States secretary of health and human services in accordance	35765
with section 673 of the "Community Services Block Grant Act," 95	35766
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	35767

(D) The director of job and family services may adopt rules	35768
as necessary for the allocation of funds under this section. The	35769
rules shall be adopted in accordance with section 111.15 of the	35770
Revised Code.	35771

(E)(1) As used in this division, "services to children"	35772
~~includes only~~ means children's protective services, home-based	35773
services to children and families, foster home services,	35774
residential treatment services, adoptive services, and independent	35775
living services.	35776

(2) Except as otherwise provided in this section, the	35777
allocation of funds for a fiscal year to a county under this	35778
section shall be reduced by the department if in the preceding	35779
calendar year the total amount expended for services to children	35780
from local funds ~~and funds distributed to the county under section~~	35781
~~5101.46 of the Revised Code~~ was less than the total expended from	35782
~~those sources~~ that source in the second preceding calendar year.	35783
The reduction shall be equal to the difference between the total	35784
expended in the preceding calendar year and the total expended in	35785
the second preceding calendar year.	35786

The determination of whether the amount expended for services	35787
to children was less in the preceding calendar year than in the	35788
second preceding calendar year shall not include a difference due	35789
to any of the following factors to the extent that the difference	35790
does not exceed the amount attributable to that factor:	35791

(a) An across-the-board reduction in the county budget as a	35792
whole;	35793

(b) A reduced or failed levy specifically earmarked for	35794
children services;	35795

(c) ~~A reduced allocation of funds to the county under section~~	35796
~~5101.24 of the Revised Code;~~	35797

~~(d)~~ The closure of, or a reduction in the operating capacity	35798
of, a children's home owned and operated by the county.	35799

(3) Funds withheld under this division may be reallocated by	35800
the department to other counties. The department may grant whole	35801
or partial waivers of the provisions of this division.	35802

(F) Children who are in the temporary or permanent custody	35803
of a certified public or private nonprofit agency or institution,	35804
or who are in adoptions subsidized under division (B) of section	35805
5153.163 of the Revised Code are eligible for medical assistance	35806
through the medical assistance program established under section	35807
5111.01 of the Revised Code.	35808

(G) Within ninety days after the end of each fiscal year,	35809
each county shall return any unspent funds to the department.	35810

(H) ~~The department shall prepare an annual report detailing~~	35811
~~on a county-by-county basis the services provided with funds~~	35812
~~distributed under this section. The report shall be submitted to~~	35813
~~the general assembly by the thirtieth day of September each year~~	35814
~~and also shall be made available to the public.~~	35815

~~(I)~~ In accordance with Chapter 119. of the Revised Code, the	35816
director shall adopt, and may amend and rescind, rules prescribing	35817
reports on expenditures to be submitted by the counties as	35818
necessary for the implementation of this section.	35819

Sec. 5101.141. (A) The department of job and family	35820
services shall act as the single state agency to administer	35821
federal payments for foster care and adoption assistance made	35822
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501,	35823
42 U.S.C.A. 670 (1980), as amended. The director of job and	35824
family services shall adopt rules to implement this authority.	35825
Internal management rules governing financial and administrative	35826
requirements applicable to public children services agencies,	35827
private child placing agencies, and private noncustodial agencies	35828
shall be adopted in accordance with section 111.15 of the Revised	35829
Code. Rules establishing eligibility, program participation, and	35830
other requirements shall be adopted in accordance with Chapter	35831
119. of the Revised Code. A public children services agency to	35832
which the department distributes Title IV-E funds shall administer	35833
the funds in accordance with those rules.	35834

(B)(1) The county, on behalf of each child eligible for	35835
foster care maintenance payments under Title IV-E of the "Social	35836
Security Act," shall make payments to cover the cost of providing	35837
all of the following:	35838

(a) The child's food, clothing, shelter, daily supervision,	35839
and school supplies;	35840

(b) The child's personal incidentals;

35841

35842

(2) In addition to payments made under division (B)(1) of	35843
this section, the county may, on behalf of each child eligible for	35844
foster care maintenance payments under Title IV-E of the "Social	35845
Security Act," make payments to cover the cost of providing the	35846
following:	35847

(a) Liability insurance with respect to the child;

35848

(b) If the county is participating in the demonstration	35849
project established under division (A) of section 5101.142 of the	35850
Revised Code, services provided under the project.	35851

(3) With respect to a child who is in a child-care	35852
institution, including any type of group home designed for the	35853
care of children or any privately operated program consisting of	35854
two or more certified foster homes operated by a common	35855
administrative unit, the foster care maintenance payments made by	35856
the county on behalf of the child shall include the reasonable	35857
cost of the administration and operation of the institution, group	35858
home, or program, as necessary to provide the items described in	35859
divisions (B)(1) and (2) of this section.	35860

(C) To the extent that either foster care maintenance	35861
payments under division (B) of this section or Title IV-E adoption	35862
assistance payments for maintenance costs require the expenditure	35863
of county funds, the board of county commissioners shall report	35864
the nature and amount of each expenditure of county funds to the	35865
department.	35866

(D) The department shall distribute to public children	35867
services agencies that incur and report such expenditures federal	35868
financial participation received for administrative and training	35869
costs incurred in the operation of foster care maintenance and	35870
adoption assistance programs. The department may withhold not	35871
more than ~~two~~ three per cent of the federal financial	35872
participation received. The funds withheld may be used only to	35873
fund the Ohio child welfare training program established under	35874
section 5153.60 of the Revised Code and the university partnership	35875
program for college and university students majoring in social	35876
work who have committed to work for a public children services	35877
agency upon graduation. The funds withheld shall be in addition to	35878
any administration and training cost for which the department is	35879
reimbursed through its own cost allocation plan.	35880

(E) All federal financial participation funds received by a	35881
county pursuant to this section shall be deposited into the	35882
county's children services fund created pursuant to section	35883
5101.144 of the Revised Code.	35884

(F) The department shall periodically publish and distribute	35885
the maximum amounts that the department will reimburse public	35886
children services agencies for making payments on behalf of	35887
children eligible for foster care maintenance payments.	35888

(G) The department, by and through its director, is hereby	35889
authorized to develop, participate in the development of,	35890
negotiate, and enter into one or more interstate compacts on	35891
behalf of this state with agencies of any other states, for the	35892
provision of medical assistance and other social services to	35893
children in relation to whom all of the following apply:	35894

(1) They have special needs.

35895

(2) This state or another state that is a party to the	35896
interstate compact is providing adoption assistance on their	35897
behalf.	35898

(3) They move into this state from another state or move out	35899
of this state to another state.	35900

Sec. 5101.145. (A) For the purposes of this section, "Title	35901
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	35902
42 U.S.C.A. 670 (1980).	35903

(B) In adopting rules under section 5101.141 of the Revised	35904
Code regarding financial requirements applicable to public	35905
children services agencies, private child placing agencies, and	35906
private noncustodial agencies, the department of job and family	35907
services shall establish both of the following:	35908

(1) A single form for the agencies to report costs	35909
reimbursable under Title IV-E and costs reimbursable under	35910
medicaid;	35911

(2) Procedures to monitor cost reports submitted by the	35912
agencies.	35913

(C) The procedures established under division (B)(2) of this	35914
section shall be implemented not later than October 1, 2003. The	35915
procedures shall be used to do both of the following:	35916

(1) Determine which of the costs are reimbursable under	35917
Title IV-E;	35918

(2) Ensure that costs reimbursable under medicaid are	35919
excluded from determinations made under division (C)(1) of this	35920
section.	35921

Sec. 5101.184. (A) The director of job and family services	35922
shall work with the tax commissioner to collect overpayments of	35923
assistance under Chapter 5107., 5111., or 5115., former Chapter	35924
5113., or ~~sections~~ section 5101.54 ~~to 5101.543~~ of the Revised Code	35925
from refunds of state income taxes for taxable year 1992 and	35926
thereafter that are payable to the recipients of such	35927
overpayments.	35928

Any overpayment of assistance, whether obtained by fraud or	35929
misrepresentation, as the result of an error by the recipient or	35930
by the agency making the payment, or in any other manner, may be	35931
collected under this section. Any reduction under section 5747.12	35932
or 5747.121 of the Revised Code to an income tax refund shall be	35933
made before a reduction under this section. No reduction shall be	35934
made under this section if the amount of the refund is less than	35935
twenty-five dollars after any reduction under section 5747.12 of	35936
the Revised Code. A reduction under this section shall be made	35937
before any part of the refund is contributed under section	35938
5747.113 of the Revised Code to the natural areas and preserves	35939
fund or the nongame and endangered wildlife fund, or is credited	35940
under section 5747.12 of the Revised Code against tax due in any	35941
subsequent year.	35942

The director and the tax commissioner, by rules adopted in	35943
accordance with Chapter 119. of the Revised Code, shall establish	35944
procedures to implement this division. The procedures shall	35945
provide for notice to a recipient of assistance and an opportunity	35946
for the recipient to be heard before the recipient's income tax	35947
refund is reduced.	35948

(B) The director of job and family services may enter into	35949
agreements with the federal government to collect overpayments of	35950
assistance from refunds of federal income taxes that are payable	35951
to recipients of the overpayments.	35952

~~Sec. 5101.071.~~ Sec. . Sec. 5101.251. (A) Not later than ninety days	35953
after ~~the effective date of this section~~ December 8, 1994, the	35954
director of job and family services shall develop and provide a	35955
training program to assist caseworkers in county departments of	35956
job and family services and public children services agencies in	35957
understanding the dynamics of domestic violence and the	35958
relationship domestic violence has to child abuse. ~~The program~~	35959
~~shall be coordinated with other department of job and family~~	35960
~~services programs regarding family violence.~~	35961

(B) Not later than ninety days after ~~the effective date of~~	35962
~~this section~~ December 9, 1994, the director of job and family	35963
services shall adopt internal management rules in accordance with	35964
section 111.15 of the Revised Code establishing policies for	35965
dealing with domestic violence and the victims of domestic	35966
violence. The rules shall include all of the following:	35967

(1) A rule designating types and categories of employees of	35968
county departments of job and family services and employees of	35969
public children services agencies to receive training in the	35970
handling of domestic violence cases and a policy for the training	35971
of the designated types and categories of employees in the	35972
handling of those cases.	35973

(2) Guidelines directing how county departments of job and	35974
family services and county children services boards shall respond	35975
to identified domestic violence problems and to the needs of	35976
children directly or indirectly involved in situations involving	35977
domestic violence.	35978

(C) Each county department of job and family services and	35979
each public children services agency shall require its employees	35980
to complete the training described in divisions (A) and (B) of	35981
this section in accordance with the rules adopted by the director	35982
of job and family services pursuant to division (B) of this	35983
section.	35984

Sec. 5101.36. Any application for public assistance gives a	35985
right of subrogation to the department of job and family services	35986
for any workers' compensation benefits payable to a person who is	35987
subject to a support order, as defined in section 3119.01 of the	35988
Revised Code, on behalf of the applicant, to the extent of any	35989
public assistance payments made on the applicant's behalf. If the	35990
director of job and family services, in consultation with a child	35991
support enforcement agency and the administrator of the bureau of	35992
workers' compensation, determines that a person responsible for	35993
support payments to a recipient of public assistance is receiving	35994
workers' compensation, the director shall notify the administrator	35995
of the amount of the benefit to be paid to the department of job	35996
and family services.	35997

For purposes of this section, "public assistance" means	35998
medical assistance provided through the medical assistance program	35999
established under section 5111.01 of the Revised Code,; Ohio works	36000
first provided under Chapter 5107. of the Revised Code,;	36001
prevention, retention, and contingency ~~assistance~~ benefits and	36002
services provided under Chapter 5108. of the Revised Code,; or	36003
disability assistance provided under Chapter 5115. of the Revised	36004
Code.	36005

Sec. 5101.50. (A) As used in this section and in sections	36006
5101.51 to ~~5101.518~~ 5101.5110 of the Revised Code:	36007

(1) "Children's health insurance program" means the program	36008
~~authrized~~ authorized by Title XXI of the "Social Security Act,"	36009
111 Stat. 552 (1997), 42 U.S.C.A. 1397aa.	36010

(2) "Federal poverty guidelines" has the same meaning as in	36011
section 5101.46 of the Revised Code.	36012

(B) The director of job and family services may continue to	36013
operate the children's health insurance program initially	36014
authorized by an executive order issued under section 107.17 of	36015
the Revised Code as long as federal financial participation is	36016
available for the program. If operated, the program shall provide	36017
health assistance to uninsured individuals under nineteen years of	36018
age with family incomes not exceeding one hundred fifty per cent	36019
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	36020
1397aa, the director may provide for the health assistance to meet	36021
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	36022
medicaid program established under Chapter 5111. of the Revised	36023
Code, or to be a combination of both.	36024

Sec. 5101.5110. (A) The director of job and family services	36025
may submit a waiver request to the United States secretary of	36026
health and human services to provide health assistance to any	36027
individual who meets all of the following requirements:	36028

(1) Is the parent of a child under nineteen years of age who	36029
resides with the parent and is eligible for health assistance	36030
under the children's health insurance program part I or II or the	36031
medicaid program established under Chapter 5111. of the Revised	36032
Code;	36033

(2) Is uninsured;	36034

(3) Has a family income that does not exceed one hundred per	36035
cent of the federal poverty guidelines.	36036

(B) A waiver request the director submits under division (A)	36037
of this section may seek federal funds allotted to the state under	36038
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	36039
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	36040
the children's health insurance program parts I and II.	36041

(C) If a waiver request the director submits under division	36042
(A) of this section is granted, the director may adopt rules in	36043
accordance with Chapter 119. of the Revised Code as necessary for	36044
the efficient administration of the program authorization by the	36045
waiver.	36046

Sec. 5101.521. When the body of a dead person is found in a	36047
township or municipal corporation, and such person was not an	36048
inmate of a correctional, benevolent, or charitable institution of	36049
this state, and the body is not claimed by any person for private	36050
interment or cremation at the person's own expense, or delivered	36051
for the purpose of medical or surgical study or dissection in	36052
accordance with section 1713.34 of the Revised Code, ~~or the person~~	36053
~~was not eligible for burial assistance under section 5101.52 of~~	36054
~~the Revised Code,~~ it shall be disposed of as follows:	36055

(A) If the person was a legal resident of the county, the	36056
proper officers of the township or municipal corporation in which	36057
the person's body was found shall cause it to be buried or	36058
cremated at the expense of the township or municipal corporation	36059
in which the person had a legal residence at the time of death.	36060

(B) If the person had a legal residence in any other county	36061
of the state at the time of death, the superintendent of the	36062
county home of the county in which such body was found shall cause	36063
it to be buried or cremated at the expense of the township or	36064
municipal corporation in which the person had a legal residence at	36065
the time of death.	36066

(C) If the person was an inmate of a correctional	36067
institution of the county or a patient or resident of a benevolent	36068
institution of the county, the person had no legal residence in	36069
the state, or the person's legal residence is unknown, the	36070
superintendent shall cause the person to be buried or cremated at	36071
the expense of the county.	36072

Such officials shall provide, at the grave of the person or,	36073
if the person's cremated remains are buried, at the grave of the	36074
person's cremated remains, a stone or concrete marker on which the	36075
person's name and age, if known, and date of death shall be	36076
inscribed.	36077

A political subdivision is not relieved of its duty to bury	36078
or cremate a person at its expense under this section when the	36079
body is claimed by an indigent person.	36080

Sec. 5101.54. (A) The director of job and family services	36081
shall administer the food stamp program in accordance with the	36082
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	36083
amended. The department may:	36084

(1) Prepare and submit to the secretary of the United States	36085
department of agriculture a plan for the administration of the	36086
food stamp program;	36087

(2) Prescribe forms for applications, certificates, reports,	36088
records, and accounts of county departments of job and family	36089
services, and other matters;	36090

(3) Require such reports and information from each county	36091
department of job and family services as may be necessary and	36092
advisable;	36093

(4) Administer and expend any sums appropriated by the	36094
general assembly for the purposes of this section and all sums	36095
paid to the state by the United States as authorized by the Food	36096
Stamp Act of 1977;	36097

(5) Conduct such investigations as are necessary;

36098

(6) Enter into interagency agreements and cooperate with	36099
investigations conducted by the department of public safety,	36100
including providing information for investigative purposes,	36101
exchanging property and records, passing through federal financial	36102
participation, modifying any agreements with the United States	36103
department of agriculture, providing for the supply, security, and	36104
accounting of food stamp ~~coupons~~ benefits for investigative	36105
purposes, and meeting any other requirements necessary for the	36106
detection and deterrence of illegal activities in the state food	36107
stamp program;	36108

(7) Adopt rules in accordance with Chapter 119. of the	36109
Revised Code governing employment and training requirements of	36110
recipients of food stamp benefits, including rules specifying	36111
which recipients are subject to the requirements and establishing	36112
sanctions for failure to satisfy the requirements. The rules	36113
shall be consistent with 7 U.S.C.A. 2015 and, to the extent	36114
practicable, may provide for food stamp benefit recipients to	36115
participate in work activities, developmental activities, and	36116
alternative work activities established under sections 5107.40 to	36117
5107.69 of the Revised Code that are comparable to programs	36118
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference	36119
rules adopted under section 5107.05 of the Revised Code governing	36120
work activities, developmental activities, and alternative work	36121
activities established under sections 5107.40 to 5107.69 of the	36122
Revised Code.	36123

(8) Adopt rules in accordance with section 111.15 of the	36124
Revised Code that are consistent with the Food Stamp Act of 1977,	36125
as amended, and regulations adopted thereunder governing the	36126
following:	36127

(a) Eligibility requirements for the food stamp program;

36128

(b) Sanctions for failure to comply with eligibility	36129
requirements;	36130

36131

(d) To the extent permitted under federal statutes and	36132
regulations, a system under which some or all recipients of food	36133
stamp benefits subject to employment and training requirements	36134
established by rules adopted under division (A)(7) of this section	36135
receive food stamp benefits after satisfying the requirements;	36136

(e) Administration of the program by county departments of	36137
job and family services;	36138

(f) Other requirements necessary for the efficient	36139
administration of the program.	36140

(9) Submit a plan to the United States secretary of	36141
agriculture for the department of job and family services to	36142
operate a simplified food stamp program pursuant to 7 U.S.C.A.	36143
2035 under which requirements governing the Ohio works first	36144
program established under Chapter 5107. of the Revised Code also	36145
govern the food stamp program in the case of households receiving	36146
food stamp benefits and participating in Ohio works first.	36147

(B) Except while in the custody of the United States postal	36148
service, food stamps and any document necessary to obtain food	36149
stamps are the property of the department of job and family	36150
services from the time they are received in accordance with	36151
federal regulations by the department from the federal agency	36152
responsible for such delivery until they are received by a	36153
household entitled to receive them or by the authorized	36154
representative of the household.	36155

(C) A household that is entitled to receive food stamps	36156
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011,	36157
as amended, and that is determined to be in immediate need of food	36158
assistance, shall receive certification of eligibility for program	36159
benefits, pending verification, within twenty-four hours, or, if	36160
mitigating circumstances occur, within seventy-two hours, after	36161
application, if:	36162

(1) The results of the application interview indicate that	36163
the household will be eligible upon full verification;	36164

(2) Information sufficient to confirm the statements in the	36165
application has been obtained from at least one additional source,	36166
not a member of the applicant's household. Such information shall	36167
be recorded in the case file, and shall include:	36168

(a) The name of the person who provided the name of the	36169
information source;	36170

(b) The name and address of the information source;

36171

36172

The period of temporary eligibility shall not exceed one	36173
month from the date of certification of temporary eligibility. If	36174
eligibility is established by full verification, benefits shall	36175
continue without interruption as long as eligibility continues.	36176

At the time of application, the county department of job and	36177
family services shall provide to a household described in this	36178
division a list of community assistance programs that provide	36179
emergency food.	36180

(D) All applications shall be approved or denied through	36181
full verification within thirty days from receipt of the	36182
application by the county department of job and family services.	36183

(E) Nothing in this section shall be construed to prohibit	36184
the certification of households that qualify under federal	36185
regulations to receive food stamps without charge under the "Food	36186
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended.	36187

(F) Any person who applies for food stamps under this	36188
section shall receive a voter registration application under	36189
section 3503.10 of the Revised Code.	36190

Sec. 5101.80. (A) The department of job and family services	36191
shall do all of the following:	36192

(1) Prepare and submit to the United States secretary of	36193
health and human services a Title IV-A state plan, and amendments	36194
to the plan that the department determines necessary, for the Ohio	36195
works first program established under Chapter 5107. of the Revised	36196
Code and the prevention, retention, and contingency program	36197
established under Chapter 5108. of the Revised Code;	36198

(2) Prescribe forms for applications, certificates, reports,	36199
records, and accounts of county departments of job and family	36200
services, and other matters related to the Ohio works first	36201
program and the prevention, retention, and contingency program;	36202

(3) Make such reports, in such form and containing such	36203
information as the department may find necessary to assure the	36204
correctness and verification of such reports, regarding the Ohio	36205
works first program and the prevention, retention, and contingency	36206
program;	36207

(4) Require reports and information from each county	36208
department of job and family services as may be necessary or	36209
advisable regarding the Ohio works first program and the	36210
prevention, retention, and contingency program;	36211

(5) Afford a fair hearing in accordance with section 5101.35	36212
of the Revised Code to any applicant for, or participant or former	36213
participant of, the Ohio works first program or the prevention,	36214
retention, and contingency program aggrieved by a decision	36215
regarding either program;	36216

(6) Administer and expend, pursuant to Chapters 5107. and	36217
5108. of the Revised Code, any sums appropriated by the general	36218
assembly for the purpose of those chapters and all sums paid to	36219
the state by the secretary of the treasury of the United States as	36220
authorized by Title IV-A of the "Social Security Act," 49 Stat.	36221
620 (1935), 42 U.S.C. 301, as amended;	36222

(7) Conduct investigations as are necessary regarding the	36223
Ohio works first program and the prevention, retention, and	36224
contingency program;	36225

(8) Enter into reciprocal agreements with other states	36226
relative to the provision of Ohio works first and prevention,	36227
retention, and contingency to residents and nonresidents;	36228

(9) Contract with a private entity to conduct an independent	36229
on-going evaluation of the Ohio works first program and the	36230
prevention, retention, and contingency program. The contract must	36231
require the private entity to do all of the following:	36232

(a) Examine issues of process, practice, impact, and	36233
outcomes;	36234

(b) Study former participants of Ohio works first who have	36235
not participated in Ohio works first for at least one year to	36236
determine whether they are employed, the type of employment in	36237
which they are engaged, the amount of compensation they are	36238
receiving, whether their employer provides health insurance,	36239
whether and how often they have received ~~assistance~~ benefits or	36240
services under the prevention, retention, and contingency program,	36241
and whether they are successfully self sufficient;	36242

(c) Provide the department ~~an initial report of the~~	36243
~~evaluation not later than two years after October 1, 1997, and~~	36244
~~provide subsequent~~ with reports at times the department specifies.	36245

(10) ~~Not later than March 1, 1998, and the first day of each~~	36246
~~September and March thereafter until September 1, 2001, prepare a~~	36247
~~county by county report concerning individuals who cease to~~	36248
~~participate in Ohio works first that contains the reasons the~~	36249
~~individuals ceased to participate, including employment, marital~~	36250
~~status, and relocation;~~	36251

~~(11)~~ Not later than January 1, 2001, and the first day of	36252
each January and July thereafter, prepare a report containing	36253
information on the following:	36254

(a) ~~A county by county breakdown of individuals who cease to~~	36255
~~participate in Ohio works first and the reasons the individuals~~	36256
~~ceased to participate, including~~ Individuals exhausting the time	36257
limits for participation set forth in section 5107.18 of the	36258
Revised Code.	36259

(b) Individuals who have been exempted from the time limits	36260
set forth in section 5107.18 of the Revised Code and the reasons	36261
for the exemption.	36262

~~(12)~~(11) Not later than January 1, 2001, and on a quarterly	36263
basis thereafter until December 1, 2003, prepare, to the extent	36264
the necessary data is available to the department, a report based	36265
on information determined under section 5107.80 of the Revised	36266
Code that states how many former Ohio works first participants	36267
entered the workforce during the most recent previous quarter for	36268
which the information is known and includes information regarding	36269
the earnings of those former participants. The report shall	36270
include a county-by-county breakdown and shall not contain the	36271
names or social security numbers of former participants.	36272

(B) The department shall provide copies of the reports it	36273
receives under division (A)(9) of this section and prepares under	36274
divisions (A)(10), (11), and (12) of this section to the governor,	36275
the president and minority leader of the senate, and the speaker	36276
and minority leader of the house of representatives. The	36277
department shall provide copies of the reports to any private or	36278
government entity on request.	36279

(C) An authorized representative of the department or a	36280
county department of job and family services shall have access to	36281
all records and information bearing thereon for the purposes of	36282
investigations conducted pursuant to this section.	36283

Sec. 5101.821. Except as otherwise approved by the director	36284
of budget and management, the department of job and family	36285
services shall deposit federal funds received under Title IV-A of	36286
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	36287
into the temporary assistance for needy families (TANF) federal	36288
fund, which is hereby created in the state treasury. The	36289
department shall use money in the fund for the Ohio works first	36290
program established under Chapter 5107. of the Revised Code; the	36291
prevention, retention, and contingency program established under	36292
Chapter 5108. of the Revised Code; and any other purposes	36293
consistent with Title IV-A, federal regulations, federal waivers	36294
granted by the United States secretary of health and human	36295
services, state law, the Title IV-A state plan and amendments	36296
submitted to the United States secretary of health and human	36297
services under section 5101.80 of the Revised Code, and rules	36298
adopted by the department under section 5107.05 of the Revised	36299
Code.	36300

Sec. 5101.83. (A) As used in this section:

36301

(1) "Assistance group" has the same meaning as in sections	36302
5107.02 and 5108.01 of the Revised Code, except that it also means	36303
a group provided benefits and services under the prevention,	36304
retention, and contingency program because the members of the	36305
group share a common need for benefits and services.	36306

(2) "Fraudulent assistance" means assistance and service,	36307
including cash assistance, provided under the Ohio works first	36308
program established under Chapter 5107., or benefits and services	36309
provided under the prevention, retention, and contingency program	36310
established under Chapter 5108. of the Revised Code, to or on	36311
behalf of an assistance group that is provided as a result of	36312
fraud by a member of the assistance group, including an	36313
intentional violation of the program's requirements. "Fraudulent	36314
assistance" does not include assistance or ~~servces~~ services to or	36315
on ~~be half~~ behalf of an assistance group that is provided as a	36316
result of an error that is the fault of a county department of job	36317
and family services or the state department of job and family	36318
services.	36319

(B) If a county director of job and family services	36320
determines that an assistance group has received fraudulent	36321
assistance, the assistance group is ineligible to participate in	36322
the Ohio works first program or the prevention, retention, and	36323
contingency program until a member of the assistance group repays	36324
the cost of the fraudulent assistance. If a member repays the	36325
cost of the fraudulent assistance and the assistance group	36326
otherwise meets the eligibility requirements for the Ohio works	36327
first program or the prevention, retention, and contingency	36328
program, the assistance group shall not be denied the opportunity	36329
to participate in the program.	36330

This section does not limit the ability of a county	36331
department of job and family services to recover erroneous	36332
payments under section 5107.76 of the Revised Code.	36333

The state department of job and family services shall adopt	36334
rules in accordance with Chapter 119. of the Revised Code to	36335
implement this section.	36336

Sec. 5101.85. As used in sections 5101.851 to ~~5101.854~~	36337
5101.853 of the Revised Code, "kinship caregiver" means any of the	36338
following who is eighteen years of age or older and is caring for	36339
a child in place of the child's parents:	36340

(A) The following individuals related by blood or adoption	36341
to the child:	36342

(1) Grandparents, including grandparents with the prefix	36343
"great," "great-great," or "great-great-great";	36344

(2) Siblings;

36345

(3) Aunts, uncles, nephews, and nieces, including such	36346
relatives with the prefix "great," "great-great," "grand," or	36347
"great-grand";	36348

(4) First cousins and first cousins once removed.

36349

(B) Stepparents and stepsiblings of the child;

36350

(C) Spouses and former spouses of individuals named in	36351
divisions (A) and (B) of this section;	36352

(D) A legal guardian of the child;

36353

(E) A legal custodian of the child.

36354

~~Sec. 5101.853.~~ Sec. . Sec. 5101.851. ~~(A) As used in this section,~~	36355
~~"qualified state expenditures" has the meaning provided by section~~	36356
~~409(a)(7)(B)(i) of the "Personal Responsibility and Work~~	36357
~~Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42~~	36358
~~U.S.C.A. 609(a)(7)(B)(i).~~	36359

~~(B) Using qualified state expenditures and based on the~~	36360
~~recommendations of the kinship care services planning council, the~~	36361
The department of job and family services ~~shall~~ may establish a	36362
~~program providing support services to kinship caregivers~~ statewide	36363
program of kinship care navigators to assist kinship caregivers	36364
who are seeking information regarding, or assistance obtaining,	36365
services and benefits available at the state and local level that	36366
~~addresses~~ address the needs of those caregivers residing in each	36367
county. ~~The department shall establish the program no later than~~	36368
~~March 31, 2000.~~ The program shall provide to kinship caregivers	36369
information and referral services and assistance obtaining support	36370
services ~~that include~~ including the following:	36371

~~(1)~~(A) Publicly funded child day-care;

36372

~~(2)~~(B) Respite care;

36373

~~(3)~~(C) Training related to caring for special needs	36374
children;	36375

~~(4)~~(D) A toll-free telephone number that may be called to	36376
obtain basic information about the rights of, and services	36377
available to, kinship caregivers;	36378

~~(5)~~(E) Legal services.

36379

Sec. 5101.852. Within available funds, the department of job	36380
and family services shall make payments to public children	36381
services agencies for the purpose of permitting the agencies to	36382
provide kinship care navigator information and referral services	36383
and assistance obtaining support services to kinship caregivers	36384
pursuant to the kinship care navigator program. The department	36385
may provide training and technical assistance concerning the needs	36386
of kinship caregivers to employees of public children services	36387
agencies and to persons or entities that serve kinship caregivers	36388
or perform the duties of a kinship care navigator and are under	36389
contract with an agency.	36390

~~Sec. 5101.854.~~ Sec. . Sec. 5101.853. The department of job and family	36391
services ~~shall~~ may adopt rules ~~in accordance with Chapter 119. of~~	36392
~~the Revised Code~~ to implement the kinship care navigators program	36393
~~to provide support services to kinship caregivers. To the extent~~	36394
~~permitted by federal law and the Revised Code, the rules may~~	36395
~~expand eligibility for programs administered by the department in~~	36396
~~a manner making kinship caregivers eligible for the programs~~. The	36397
rules shall be adopted under Chapter 119. of the Revised Code,	36398
except that rules governing fiscal and administrative matters	36399
related to implementation of the navigators program are internal	36400
management rules and shall be adopted under section 111.15 of the	36401
Revised Code.	36402

Sec. 5103.031. (A) Except as provided in section 5103.033	36403
of the Revised Code, the department of job and family services may	36404
not issue a certificate under section 5103.03 of the Revised Code	36405
to a foster home unless the foster caregiver successfully	36406
completes the following amount of preplacement training through	36407
the Ohio child welfare training program or a preplacement training	36408
program operated under section 5103.034 of the Revised Code:	36409

(1) If the foster home is a family foster home, at least	36410
twelve hours;	36411

(2) If the foster home is a specialized foster home, at	36412
least thirty-six hours.	36413

(B) No child may be placed in a family foster home unless	36414
the foster caregiver completes at least twelve additional hours of	36415
preplacement training through the Ohio child welfare training	36416
program or a preplacement training program operated under section	36417
5103.034 of the Revised Code.	36418

Sec. 5103.033. The department of job and family services may	36419
issue or renew a certificate under section 5103.03 of the Revised	36420
Code to a foster home for the care of a child who is in the	36421
custody of a public children services agency or private child	36422
placing agency pursuant to an agreement entered into under section	36423
5103.15 of the Revised Code regarding a child who was less than	36424
six months of age on the date the agreement was executed if the	36425
foster caregiver successfully completes the following amount of	36426
training:	36427

(A) For an initial certificate, at least twelve hours of	36428
preplacement training through the Ohio child welfare training	36429
program or a preplacement training program operated under section	36430
5103.034 of the Revised Code;	36431

(B) For renewal of a certificate, at least twelve hours each	36432
year of continuing training in accordance with the foster	36433
caregiver's needs assessment and continuing training plan	36434
developed and implemented under section ~~5103.034~~ 5103.035 of the	36435
Revised Code.	36436

Sec. 5103.036. For the purpose of determining whether a	36437
foster caregiver has satisfied the requirement of section 5103.031	36438
or 5103.032 of the Revised Code, a recommending agency shall	36439
accept training obtained from the Ohio child welfare training	36440
program or pursuant to a preplacement training program or	36441
continuing training program operated under section 5103.034 of the	36442
Revised Code regardless of whether the agency operated the	36443
preplacement training program or continuing training program. The	36444
agency may require that the foster caregiver successfully complete	36445
additional training as a condition of the agency recommending that	36446
the department of job and family services certify or recertify the	36447
foster caregiver's foster home under section 5103.03 of the	36448
Revised Code.	36449

Sec. 5103.0312. ~~The department of job and family services~~ A	36450
public children services agency, private child placing agency, or	36451
private noncustodial agency acting as a recommending agency for	36452
foster caregivers who hold certificates issued under section	36453
5103.03 of the Revised Code shall pay those foster caregivers who	36454
have ~~been issued a foster home certificate and~~ had at least one	36455
foster child placed in their home a stipend to reimburse them for	36456
attending training courses provided by the Ohio child welfare	36457
training program or pursuant to a preplacement training program or	36458
continuing training program operated under section 5103.034 of the	36459
Revised Code. The payment shall be based on a ~~per diem~~ stipend	36460
rate established by the department of job and family services. The	36461
~~payment to foster caregivers~~ stipend rate shall be the same	36462
regardless of the type of recommending agency from which a foster	36463
caregiver seeks a recommendation. The department shall ~~pay a~~	36464
~~foster caregiver for attending preplacement training courses~~	36465
~~during the first month a foster child is placed in the foster~~	36466
~~caregiver's home~~, pursuant to rules adopted under section	36467
5103.0316 of the Revised Code, reimburse the recommending agency	36468
for stipend payments it makes in accordance with this section.	36469

Sec. 5103.0313. The department of job and family services	36470
shall reimburse a the following for the cost of providing	36471
preplacement and continuing training to foster caregivers:	36472

(A) The Ohio child welfare training program;

36473

(B) A public children services agency, private child placing	36474
agency, or private noncustodial agency ~~for the cost to the agency~~	36475
~~of providing training to a foster caregiver~~ through a preplacement	36476
training program or continuing training program operated under	36477
section 5103.034 of the Revised Code. ~~The~~	36478

The reimbursement shall be on a per diem basis and limited to	36479
the cost associated with the trainer, obtaining a site at which	36480
the training is provided, and the administration of the training.	36481
A reimbursement rate shall be the same regardless of whether the	36482
training program is operated by the Ohio child welfare training	36483
program or a public children services agency, private child	36484
placing agency, or private noncustodial agency.	36485

Sec. 5103.0314. The department of job and family services	36486
shall not reimburse a recommending agency for the cost of any	36487
training the agency requires a foster caregiver to undergo as a	36488
condition of the agency recommending the department certify or	36489
recertify the foster caregiver's foster home under section 5103.03	36490
of the Revised Code if the training is in addition to the minimum	36491
training required by section 5103.031 or 5103.032 of the Revised	36492
Code.	36493

Sec. 5103.0316. Not later than ninety days after ~~the~~	36494
~~effective date of this section~~ January 1, 2001, the department of	36495
job and family services shall adopt rules in accordance with	36496
Chapter 119. of the Revised Code as necessary for the efficient	36497
administration of sections 5103.031 to 5103.0316 of the Revised	36498
Code. The rules shall provide for all of the following:	36499

(A) For the purpose of section 5103.038 of the Revised Code,	36500
the date by which a public children services agency, private child	36501
placing agency, or private noncustodial agency that seeks to	36502
operate a preplacement training program or continuing training	36503
program under section 5103.034 of the Revised Code must submit to	36504
the department a proposal outlining the program;	36505

(B) Requirements governing the department's reimbursement of	36506
the Ohio child welfare training program and public children	36507
services agencies, private child placing agencies, and private	36508
noncustodial agencies under ~~section~~ sections 5103.0312 and	36509
5103.0313 of the Revised Code;	36510

36511

Sec. 5103.07. The department of job and family services	36512
shall administer funds received under Title IV-B of the "Social	36513
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as amended,	36514
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4	36515
(1974), 42 U.S.C.A. 5101, as amended~~, and the "Family Violence~~	36516
~~Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.~~	36517
~~10401, as amended~~. In administering these funds, the department	36518
may establish a child welfare services program, and a child abuse	36519
and neglect prevention and adoption reform program~~, and a family~~	36520
~~violence prevention program~~. The department has all powers	36521
necessary for the adequate administration of these funds and	36522
programs. The director of job and family services may adopt	36523
internal management rules in accordance with section 111.15 of the	36524
Revised Code ~~and issue appropriate orders~~ as necessary ~~for the~~	36525
~~adequate administration of these funds and programs~~ to carry out	36526
the purposes of this section.	36527

Sec. 5104.341. (A) Except as provided in division (B) of	36528
this section, both of the following apply:	36529

(1) An eligibility determination made under section 5104.34	36530
of the Revised Code for publicly funded child day-care is valid	36531
for one year;	36532

(2) A The county department of job and family services shall	36533
redetermine the appropriate level of a fee charged under division	36534
(B) of section 5104.34 of the Revised Code ~~shall not be changed~~	36535
every six months during the one-year period, unless a caretaker	36536
parent requests that the fee be reduced due to changes in income,	36537
family size, or both and the county department of job and family	36538
services approves the reduction.	36539

(B) Division (A) of this section does not apply in either of	36540
the following circumstances:	36541

(1) The publicly funded child day-care is provided under	36542
division (B)(4) of section 5104.35 of the Revised Code;	36543

(2) The recipient of the publicly funded child day-care	36544
ceases to be eligible for publicly funded child day-care.	36545

Sec. 5107.02. As used in this chapter:

36546

(A) "Adult" means an individual who is not a minor child.	36547

(B) "Assistance group" means a group of individuals treated	36548
as a unit for purposes of determining eligibility for and the	36549
amount of assistance provided under Ohio works first.	36550

(C) "Custodian" means an individual who has legal custody, as	36551
defined in section 2151.011 of the Revised Code, of a minor child	36552
or comparable status over a minor child created by a court of	36553
competent jurisdiction in another state.	36554

(D) "Guardian" means an individual that is granted authority	36555
by a probate court pursuant to Chapter 2111. of the Revised Code,	36556
or a court of competent jurisdiction in another state, to exercise	36557
parental rights over a minor child to the extent provided in the	36558
court's order and subject to residual parental rights of the minor	36559
child's parents.	36560

(E) "Minor child" means either of the following:

36561

(1) An individual who has not attained age eighteen;

36562

(2) An individual who has not attained age nineteen and is a	36563
full-time student in a secondary school or in the equivalent level	36564
of vocational or technical training.	36565

(F) "Minor head of household" means a minor child who is a	36566
either of the following:	36567

(1) At least six months pregnant and a member of an	36568
assistance group that does not include an adult;	36569

(2) A parent of a child included in the same assistance	36570
group that does not include an adult.	36571

(G) "Ohio works first" means the program established by this	36572
chapter known as temporary assistance for needy families in Title	36573
IV-A.	36574

(H) "Payment standard" means the amount specified in rules	36575
adopted under section 5107.05 of the Revised Code that is the	36576
maximum amount of cash assistance an assistance group may receive	36577
under Ohio works first from state and federal funds.	36578

(I) "Specified relative" means the following individuals who	36579
are age eighteen or older:	36580

(1) The following individuals related by blood or adoption:

36581

(a) Grandparents, including grandparents with the prefix	36582
"great," "great-great," or "great-great-great";	36583

(b) Siblings;

36584

(c) Aunts, uncles, nephews, and nieces, including such	36585
relatives with the prefix "great," "great-great," "grand," or	36586
"great-grand";	36587

(d) First cousins and first cousins once removed.

36588

(2) Stepparents and stepsiblings;

36589

(3) Spouses and former spouses of individuals named in	36590
division (I)(1) or (2) of this section.	36591

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	36592
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	36593
301, as amended.	36594

Sec. 5107.10. (A) As used in this section:

36595

(1) "Countable income," "gross earned income," and "gross	36596
unearned income" have the meanings established in rules adopted	36597
under section 5107.05 of the Revised Code.	36598

(2) "Gross income" means gross earned income and gross	36599
unearned income.	36600

(3) "Strike" means continuous concerted action in failing to	36601
report to duty; willful absence from one's position; or stoppage	36602
of work in whole from the full, faithful, and proper performance	36603
of the duties of employment, for the purpose of inducing,	36604
influencing, or coercing a change in wages, hours, terms, and	36605
other conditions of employment. "Strike" does not include a	36606
stoppage of work by employees in good faith because of dangerous	36607
or unhealthful working conditions at the place of employment that	36608
are abnormal to the place of employment.	36609

(B) Under the Ohio works first program, an assistance group	36610
shall receive, except as otherwise provided by this chapter,	36611
time-limited cash assistance. In the case of an assistance group	36612
that includes a minor head of household or adult, assistance shall	36613
be provided in accordance with the self-sufficiency contract	36614
entered into under section 5107.14 of the Revised Code.	36615

(C) To be eligible to participate in Ohio works first, an	36616
assistance group must meet all of the following requirements:	36617

(1) The assistance group, except as provided in division (E)	36618
of this section, must include at least one of the following:	36619

(a) A minor child who, except as provided in section 5107.24	36620
of the Revised Code, resides with a parent, or specified relative	36621
caring for the child, or, to the extent permitted by Title IV-A	36622
and federal regulations adopted until Title IV-A, resides with a	36623
guardian or custodian caring for the child;	36624

(b) A parent residing with and caring for the parent's minor	36625
child who receives supplemental security income under Title XVI of	36626
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	36627
as amended, or federal, state, or local adoption assistance;	36628

(c) A specified relative residing with and caring for a	36629
minor child who is related to the specified relative in a manner	36630
that makes the specified relative a specified relative and	36631
receives supplemental security income or federal, state, or local	36632
foster care or adoption assistance;	36633

(d) A woman at least six months pregnant.

36634

(2) The assistance group must meet the income requirements	36635
established by division (D) of this section.	36636

(3) No member of the assistance group may be involved in a	36637
strike.	36638

(4) The assistance group must satisfy the requirements for	36639
Ohio works first established by this chapter and sections ~~5101.19,~~	36640
5101.58, 5101.59, and 5101.83 of the Revised Code.	36641

(5) The assistance group must meet requirements for Ohio	36642
works first established by rules adopted under section 5107.05 of	36643
the Revised Code.	36644

(D)(1) Except as provided in division (D)(3) of this	36645
section, to determine whether an assistance group is initially	36646
eligible to participate in Ohio works first, a county department	36647
of job and family services shall do the following:	36648

(a) Determine whether the assistance group's gross income	36649
exceeds the following amount:	36650

Size of Assistance Group

Gross Income

36651

1	$423	36652
2	$537	36653
3	$630	36654
4	$750	36655
5	$858	36656
6	$942	36657
7	$1,038	36658
8	$1,139	36659
9	$1,241	36660
10	$1,343	36661
11	$1,440	36662
12	$1,542	36663
13	$1,643	36664
14	$1,742	36665
15	$1,844	36666

For each person in the assistance group that brings the	36667
assistance group to more than fifteen persons, add one hundred two	36668
dollars to the amount of gross income for an assistance group of	36669
fifteen specified in division (D)(1)(a) of this section.	36670

In making this determination, the county department shall	36671
disregard amounts that federal statutes or regulations and	36672
sections 5101.17 and 5117.10 of the Revised Code require be	36673
disregarded. The assistance group is ineligible to participate in	36674
Ohio works first if the assistance group's gross income, less the	36675
amounts disregarded, exceeds the amount specified in division	36676
(D)(1)(a) of this section.	36677

(b) If the assistance group's gross income, less the amounts	36678
disregarded pursuant to division (D)(1)(a) of this section, does	36679
not exceed the amount specified in that division, determine	36680
whether the assistance group's countable income is less than the	36681
payment standard. The assistance group is ineligible to	36682
participate in Ohio works first if the assistance group's	36683
countable income equals or exceeds the payment standard.	36684

(2) To determine whether an assistance group participating	36685
in Ohio works first continues to be eligible to participate, a	36686
county department of job and family services shall determine	36687
whether the assistance group's countable income continues to be	36688
less than the payment standard. In making this determination, the	36689
county department shall disregard the first two hundred fifty	36690
dollars and fifty per cent of the remainder of the assistance	36691
group's gross earned income. No amounts shall be disregarded from	36692
the assistance group's gross unearned income. The assistance	36693
group ceases to be eligible to participate in Ohio works first if	36694
its countable income, less the amounts disregarded, equals or	36695
exceeds the payment standard.	36696

(3) If an assistance group reapplies to participate in Ohio	36697
works first not more than four months after ceasing to	36698
participate, a county department of job and family services shall	36699
use the income requirement established by division (D)(2) of this	36700
section to determine eligibility for resumed participation rather	36701
than the income requirement established by division (D)(1) of this	36702
section.	36703

(E)(1) An assistance group may continue to participate in	36704
Ohio works first even though a public children services agency	36705
removes the assistance group's minor children from the assistance	36706
group's home due to abuse, neglect, or dependency if the agency	36707
does both of the following:	36708

(a) Notifies the county department of job and family	36709
services at the time the agency removes the children that it	36710
believes the children will be able to return to the assistance	36711
group within six months;	36712

(b) Informs the county department at the end of each of the	36713
first five months after the agency removes the children that the	36714
parent, guardian, custodian, or specified relative of the children	36715
is cooperating with the case plans prepared for the children under	36716
section 2151.412 of the Revised Code and that the agency is making	36717
reasonable efforts to return the children to the assistance group.	36718

(2) An assistance group may continue to participate in Ohio	36719
works first pursuant to division (E)(1) of this section for not	36720
more than six payment months. This division does not affect the	36721
eligibility of an assistance group that includes a woman at least	36722
six months pregnant.	36723

Sec. 5107.14. An assistance group is ineligible to	36724
participate in Ohio works first unless the minor head of household	36725
or each adult member of the assistance group, not later than	36726
thirty days after applying for or undergoing a redetermination of	36727
eligibility for the program, enters into a written	36728
self-sufficiency contract with the county department of job and	36729
family services. The contract shall set forth the rights and	36730
responsibilities of the assistance group as applicants for and	36731
participants of the program, including work responsibilities	36732
established under sections 5107.40 to 5107.69 of the Revised Code	36733
and other requirements designed to assist the assistance group in	36734
achieving self sufficiency and personal responsibility. The	36735
county department shall provide without charge a copy of the	36736
contract to each assistance group member who signs it.	36737

Each self-sufficiency contract shall include, based on	36738
appraisals conducted under section 5107.41 of the Revised Code and	36739
assessments conducted under section 5107.70 of the Revised Code,	36740
the following:	36741

(A) The assistance group's plan, developed under section	36742
5107.41 of the Revised Code, to achieve the goal of self	36743
sufficiency and personal responsibility through unsubsidized	36744
employment within the time limit for participating in Ohio works	36745
first established by section 5107.18 of the Revised Code;	36746

(B) Work activities, developmental activities, and	36747
alternative work activities to which members of the assistance	36748
group are assigned under sections 5107.40 to 5107.69 of the	36749
Revised Code;	36750

(C) The responsibility of a caretaker member of the	36751
assistance group to cooperate in establishing a minor child's	36752
paternity and establishing, modifying, and enforcing a support	36753
order for the child in accordance with section 5107.22 of the	36754
Revised Code;	36755

(D) Other responsibilities that members of the assistance	36756
group must satisfy to participate in Ohio works first and the	36757
consequences for failure or refusal to satisfy the	36758
responsibilities;	36759

(E) An agreement that the assistance group will comply with	36760
the conditions of participating in Ohio works first established by	36761
this chapter and sections ~~5101.19,~~ 5101.58, 5101.59, and 5101.83	36762
of the Revised Code;	36763

(F) Assistance and services the county department will	36764
provide to the assistance group;	36765

(G) Assistance and services the child support enforcement	36766
agency and public children services agency will provide to the	36767
assistance group pursuant to a plan of cooperation entered into	36768
under section 307.983 of the Revised Code;	36769

(H) Other provisions designed to assist the assistance group	36770
in achieving self sufficiency and personal responsibility;	36771

(I) Procedures for assessing whether responsibilities are	36772
being satisfied and whether the contract should be amended;	36773

(J) Procedures for amending the contract.

36774

Sec. 5107.18. (A) Except as provided in divisions (B), (C),	36775
(D), and (E) of this section, an assistance group is ineligible to	36776
participate in Ohio works first if the assistance group includes	36777
an ~~adult~~ individual who has participated in the program for	36778
thirty-six months as any of the following: an adult head of	36779
household, minor head of household, or spouse of an adult head of	36780
household or minor head of household. The time limit applies	36781
regardless of whether the thirty-six months are consecutive.	36782

(B) An assistance group that has ceased to participate in	36783
Ohio works first pursuant to division (A) of this section for at	36784
least twenty-four months, whether consecutive or not, may reapply	36785
to participate in the program if good cause exists as determined	36786
by the county department of job and family services. Good cause	36787
may include losing employment, inability to find employment,	36788
divorce, domestic violence considerations, and unique personal	36789
circumstances. The assistance group must provide a county	36790
department of job and family services verification acceptable to	36791
the county department of whether any members of the assistance	36792
group had employment during the period the assistance group was	36793
not participating in Ohio works first and the amount and sources	36794
of the assistance group's income during that period. If a county	36795
department is satisfied that good cause exists for the assistance	36796
group to reapply to participate in Ohio works first, the	36797
assistance group may reapply. Except as provided in divisions	36798
(C), (D), and (E) of this section, the assistance group may not	36799
participate in Ohio works first for more than twenty-four	36800
additional months. The time limit applies regardless of whether	36801
the twenty-four months are consecutive.	36802

(C) In determining the number of months a parent or pregnant	36803
woman has received assistance under Title IV-A, a county	36804
department of job and family services shall disregard any month	36805
during which the parent or pregnant woman was a minor child but	36806
was neither a minor head of household nor married to the head of	36807
an assistance group.	36808

(D) In determining the number of months an adult has	36809
received assistance under Title IV-A, a county department of job	36810
and family services shall disregard any month during which the	36811
adult lived on an Indian reservation or in an Alaska native	36812
village, as those terms are used in 42 U.S.C.A. 608(a)(7)(D), if,	36813
during the month, at least one thousand individuals lived on the	36814
reservation or in the village and at least fifty per cent of the	36815
adults living on the reservation or in the village were	36816
unemployed.	36817

(E) A county department of job and family services may	36818
exempt not more than twenty per cent of the average monthly number	36819
of Ohio works first ~~participants~~ assistance groups from the time	36820
limit established by this section on the grounds that the county	36821
department determines that the time limit is a hardship. In the	36822
case of the time limit established by division (A) of this	36823
section, a county department may not exempt an assistance group	36824
until the group has exhausted its thirty-six months of cash	36825
assistance.	36826

(F) The department of job and family services shall	36827
continually monitor the percentage of the average monthly number	36828
of Ohio works first ~~participants~~ assistance groups in each county	36829
that is exempted under division (E) of this section from the time	36830
limit established by this section. On determining that the	36831
percentage in any county equals or exceeds eighteen per cent, the	36832
department shall immediately notify the county department of job	36833
and family services.	36834

(G) Only participation in Ohio works first on or after	36835
October 1, 1997, applies to the time limit established by this	36836
section. The time limit applies regardless of the source of	36837
funding for the program. Assistance under Title IV-A provided by	36838
any state applies to the time limit. The time limit is a lifetime	36839
limit. No assistance group shall receive assistance under the	36840
program in violation of the time limit for assistance under Title	36841
IV-A established by section 408(a)(7) of the "Social Security	36842
Act," as amended by the "Personal Responsibility and Work	36843
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	36844
U.S.C.A. 608 (a)(7).	36845

Sec. 5108.01. As used in this chapter:

36846

(A) "Assistance group" means a group of individuals treated	36847
as a unit for purposes of determining eligibility for the	36848
prevention, retention, and contingency program.	36849

(B) ~~"Minor child" means either of the following:~~

36850

~~(1) An individual who has not attained age eighteen;~~

36851

~~(2) An individual who has not attained age nineteen and is a~~	36852
~~full-time student in a secondary school or in the equivalent level~~	36853
~~of vocational or technical training.~~	36854

~~(C)~~ "Prevention, retention, and contingency program" means	36855
the program established by this chapter and funded in part with	36856
federal funds provided under Title IV-A.	36857

~~(D)~~(C) "Title IV-A" means Title IV-A of the "Social Security	36858
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	36859

~~Sec. 5108.06.~~ Sec. . Sec. 5108.03. Under the prevention, retention, and	36860
contingency program, ~~an assistance group that includes at least~~	36861
~~one minor child or a pregnant woman and meets the program's~~	36862
~~eligibility requirements~~ a county department of job and family	36863
services shall ~~receive assistance or~~ provide benefits and services	36864
~~needed~~ that individuals need to overcome immediate barriers to	36865
achieving or maintaining self sufficiency and personal	36866
responsibility. A county department shall provide the benefits and	36867
services in accordance with either the model design for the	36868
program that the department of job and family services develops	36869
under section 5108.05 of the Revised Code or the county	36870
department's own policies for the program developed under section	36871
5108.06 of the Revised Code.	36872

~~Sec. 5108.07.~~ Sec. . Sec. 5108.05. The department of job and family	36873
services shall develop a model design for the prevention,	36874
retention, and contingency program that county departments of job	36875
and family services may adopt under section ~~5108.08~~ 5108.06 of the	36876
Revised Code. ~~The model design must be consistent with Title IV-A,~~	36877
~~federal regulations, state law, the Title IV-A state plan~~	36878
~~submitted to the United States secretary of health and human~~	36879
~~services under section 5101.80 of the Revised Code, and amendments~~	36880
~~to the plan.~~ No rules shall be adopted to develop the model	36881
design. The department shall provide each county department a	36882
written copy of the model design.	36883

~~Sec. 5108.08.~~ Sec. . Sec. 5108.06. Each county department of job and	36884
family services shall either adopt the model design for the	36885
prevention, retention, and contingency program the department of	36886
job and family services develops under section ~~5108.07~~ 5108.05 of	36887
the Revised Code or develop its own policies for the program. To	36888
develop its own policies, a county department shall adopt a	36889
written statement of the policies governing the program. The	36890
policies may be a modification of the model design, different from	36891
the model design, or a combination. ~~The policies shall establish~~	36892
~~or specify eligibility requirements, assistance or services to be~~	36893
~~provided under the program, administrative requirements, and other~~	36894
~~matters the county department determines necessary.~~ A county	36895
department may amend its statement of policies to modify,	36896
terminate, and establish new policies. ~~The policies must be~~	36897
~~consistent with Title IV-A, federal regulations, state law, the~~	36898
~~Title IV-A state plan submitted to the United States secretary of~~	36899
~~health and human services under section 5101.80 of the Revised~~	36900
~~Code, and amendments to the plan.~~	36901

A county department of job and family services shall inform	36902
the department of job and family services of whether it has	36903
adopted the model design or developed its own policies for the	36904
prevention, retention, and contingency program. If a county	36905
department develops its own policies, it shall provide the	36906
department a written copy of the statement of policies and any	36907
amendments it adopts to the statement.	36908

Sec. 5108.07. The model design for the prevention,	36909
retention, and contingency program that the department of job and	36910
family services develops under section 5108.05 of the Revised Code	36911
and policies for the program that a county department of job and	36912
family services may develop under section 5108.06 of the Revised	36913
Code shall establish or specify eligibility requirements for	36914
assistance groups that apply for the program under section 5108.10	36915
of the Revised Code, benefits and services to be provided under	36916
the program to assistance groups, administrative requirements, and	36917
other matters the department, in the case of the model design, or	36918
a county department, in the case of county policies, determine are	36919
necessary.	36920

The model design and a county department's policies may	36921
establish eligibility requirements for, and specify benefits and	36922
services to be provided to, types of groups, such as students in	36923
the same class, that share a common need for the benefits and	36924
services. If the model design or a county department's policies	36925
include such a provision, the model design or county department's	36926
policies shall require that each individual who is to receive the	36927
benefits and services meet the eligibility requirements	36928
established for the type of group of which the individual is a	36929
member. The model design or county department's policies also	36930
shall require that the county department providing the benefits	36931
and services certify the group's eligibility, specify the duration	36932
that the group is to receive the benefits and services, and	36933
maintain the eligibility information for each member of the group	36934
receiving the benefits and services.	36935

The model design and a county department's policies may	36936
specify benefits and services that a county department may provide	36937
for the general public, including billboards that promote the	36938
prevention, and reduction in the incidence, of out-of-wedlock	36939
pregnancies or encourage the formation and maintenance of	36940
two-parent families.	36941

The model design and a county department's policies must be	36942
consistent with Title IV-A, federal regulations, state law, the	36943
Title IV-A state plan submitted to the United States secretary of	36944
health and human services under section 5101.80 of the Revised	36945
Code, and amendments to the plan. All benefits and services to be	36946
provided under the model design or a county department's policies	36947
must be allowable uses of federal Title IV-A funds as specified in	36948
42 U.S.C.A. 604(a), except that they may not be "assistance" as	36949
defined in 45 C.F.R. 260.31(a). The benefits and services shall	36950
be benefits and services that 45 C.F.R. 260.31(b) excludes from	36951
the definition of assistance.	36952

Sec. 5108.08. Benefits and services provided under the	36953
prevention, retention, and contingency program are inalienable	36954
whether by way of assignment, charge, or otherwise and exempt from	36955
execution, attachment, garnishment, and other like process.	36956

Sec. 5108.09. When a state hearing under division (B) of	36957
section 5101.35 of the Revised Code or an administrative appeal	36958
under division (C) of that section is held regarding the	36959
prevention, retention, and contingency program, the hearing	36960
officer, director of job and family services, or director's	36961
designee shall base the decision in the hearing or appeal on the	36962
following:	36963

(A) If the county department of job and family services	36964
involved in the hearing or appeal adopted the department of job	36965
and family services' model design for the program developed under	36966
section ~~5108.07~~ 5108.05 of the Revised Code, the model design;	36967

(B) If the county department developed its own policies for	36968
the program, the county department's written statement of policies	36969
adopted under section ~~5108.08~~ 5108.06 of the Revised Code and any	36970
amendments the county department adopted to the statement.	36971

Sec. 5108.10. An assistance group seeking to participate in	36972
the prevention, retention, and contingency program shall apply to	36973
a county department of job and family services using an	36974
application containing information the county department requires.	36975

When a county department receives an application for	36976
participation in the prevention, retention, and contingency	36977
program, it shall promptly make an investigation and record of the	36978
circumstances of the applicant in order to ascertain the facts	36979
surrounding the application and to obtain such other information	36980
as may be required. On completion of the investigation, the	36981
county department shall determine whether the applicant is	36982
eligible to participate, the ~~assistance~~ benefits or services the	36983
applicant should receive, and the approximate date when	36984
participation is to begin.	36985

Sec. 5111.01. As used in this chapter, "medical assistance	36986
program" or "medicaid" means the program that is authorized by	36987
this ~~section~~ chapter and provided by the department if of job and	36988
family services under this chapter, Title XIX of the "Social	36989
Security Act," 49 79 Stat. ~~620~~ 286 (~~1935~~ 1965), 42 U.S.C.A. ~~301~~	36990
1396, as amended, and the waivers of Title XIX requirements	36991
granted to the department by the health care financing	36992
administration of the United States department of health and human	36993
services.	36994

The department of job and family services shall act as the	36995
single state agency to supervise the administration of the	36996
medicaid program. As the single state agency, the department	36997
shall comply with 42 C.F.R. 431.10(e). The department's rules	36998
governing medicaid are binding on other agencies that administer	36999
components of the medicaid program. No agency may establish, by	37000
rule or otherwise, a policy governing medicaid that is	37001
inconsistent with a medicaid policy established, in rule or	37002
otherwise, by the director of job and family services.	37003

(A) The department of job and family services may provide	37004
medical assistance under the medicaid program as long as federal	37005
funds are provided for such assistance, to the following:	37006

(1) Families with children that meet either of the following	37007
conditions:	37008

(a) The family meets the income, resource, and family	37009
composition requirements in effect on July 16, 1996, for the	37010
former aid to dependent children program as those requirements	37011
were established by Chapter 5107. of the Revised Code, federal	37012
waivers granted pursuant to requests made under former section	37013
5101.09 of the Revised Code, and rules adopted by the department	37014
or any changes the department makes to those requirements in	37015
accordance with paragraph (a)(2) of section 114 of the "Personal	37016
Responsibility and Work Opportunity Reconciliation Act of 1996,"	37017
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	37018
implementing section 5111.019 of the Revised Code. An adult loses	37019
eligibility for medical assistance under division (A)(1)(a) of	37020
this section pursuant to division (E) of section 5107.16 of the	37021
Revised Code.	37022

(b) The family does not meet the requirements specified in	37023
division (A)(1)(a) of this section but is eligible for medical	37024
assistance pursuant to section 5101.18 of the Revised Code.	37025

(2) Aged, blind, and disabled persons who meet the following	37026
conditions:	37027

(a) Receive federal aid under Title XVI of the "Social	37028
Security Act," or are eligible for but are not receiving such aid,	37029
provided that the income from all other sources for individuals	37030
with independent living arrangements shall not exceed one hundred	37031
seventy-five dollars per month. The income standards hereby	37032
established shall be adjusted annually at the rate that is used by	37033
the United States department of health and human services to	37034
adjust the amounts payable under Title XVI.	37035

(b) Do not receive aid under Title XVI, but meet any of the	37036
following criteria:	37037

(i) Would be eligible to receive such aid, except that their	37038
income, other than that excluded from consideration as income	37039
under Title XVI, exceeds the maximum under division (A)(2)(a) of	37040
this section, and incurred expenses for medical care, as	37041
determined under federal regulations applicable to section 209(b)	37042
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	37043
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	37044
their income exceeds the maximum under division (A)(2)(a) of this	37045
section;	37046

(ii) Received aid for the aged, aid to the blind, or aid for	37047
the permanently and totally disabled prior to January 1, 1974, and	37048
continue to meet all the same eligibility requirements;	37049

(iii) Are eligible for medical assistance pursuant to	37050
section 5101.18 of the Revised Code.	37051

(3) Persons to whom federal law requires, as a condition of	37052
state participation in the medicaid program, that medical	37053
assistance be provided;	37054

(4) Persons under age twenty-one who meet the income	37055
requirements for the Ohio works first program established under	37056
Chapter 5107. of the Revised Code but do not meet other	37057
eligibility requirements for the program. The director shall	37058
adopt rules in accordance with Chapter 119. of the Revised Code	37059
specifying which Ohio works first requirements shall be waived for	37060
the purpose of providing medicaid eligibility under division	37061
(A)(4) of this section.	37062

(B) If funds are appropriated for such purpose by the	37063
general assembly, the department may provide medical assistance to	37064
persons in groups designated by federal law as groups to which a	37065
state, at its option, may provide medical assistance under the	37066
medicaid program.	37067

(C) The department may expand eligibility for medical	37068
assistance to include individuals under age nineteen with family	37069
incomes at or below one hundred fifty per cent of the federal	37070
poverty guidelines, except that the eligibility expansion shall	37071
not occur unless the department receives the approval of the	37072
federal government. The department may implement the eligibility	37073
expansion authorized under this division on any date selected by	37074
the department, but not sooner than January 1, 1998.	37075

(D) In addition to any other authority or requirement to	37076
adopt rules under this chapter, the director may adopt rules in	37077
accordance with section 111.15 of the Revised Code as the director	37078
considers necessary to establish standards, procedures, and other	37079
requirements regarding the provision of medical assistance. The	37080
rules may establish requirements to be followed in applying for	37081
medical assistance, making determinations of eligibility for	37082
medical assistance, and verifying eligibility for medical	37083
assistance. The rules may include special conditions as the	37084
department determines appropriate for making applications,	37085
determining eligibility, and verifying eligibility for any medical	37086
assistance that the department may provide pursuant to division	37087
(C) of this section and section 5111.014 or 5111.019 of the	37088
Revised Code.	37089

Sec. 5111.0110. (A) The director of job and family services	37090
shall submit to the United States secretary of health and human	37091
services an amendment to the state medicaid plan to implement the	37092
"Breast and Cervical Cancer Prevention and Treatment Act of 2000,"	37093
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical	37094
assistance to women who meet all of the following requirements:	37095

(1) Are under age sixty-five;

37096

(2) Are not otherwise eligible for medicaid;

37097

(3) Have been screened for breast and cervical cancer under	37098
the centers for disease control and prevention breast and cervical	37099
cancer early detection program established under 42 U.S.C.A. 300k	37100
in accordance with 42 U.S.C.A. 300n;	37101

(4) Need treatment for breast or cervical cancer;

37102

(5) Are not otherwise covered under creditable coverage, as	37103
defined in 42 U.S.C.A. 300gg(c).	37104

(B) If the United States secretary of health and human	37105
services approves the state medicaid plan amendment submitted	37106
under division (A) of this section, the director of job and family	37107
services shall implement the amendment. The medical assistance	37108
provided under the amendment shall be limited to medical	37109
assistance provided during the period in which a woman who meets	37110
the requirements of division (A) of this section requires	37111
treatment for breast or cervical cancer.	37112

Sec. 5111.022. (A) The state plan for providing medical	37113
assistance under Title XIX of the "Social Security Act," 49 Stat.	37114
620, 42 U.S.C.A. 301, as amended, shall include provision of the	37115
following mental health services when provided by facilities	37116
described in division (B) of this section:	37117

(1) Outpatient mental health services, including, but not	37118
limited to, preventive, diagnostic, therapeutic, rehabilitative,	37119
and palliative interventions rendered to individuals in an	37120
individual or group setting by a mental health professional in	37121
accordance with a plan of treatment appropriately established,	37122
monitored, and reviewed;	37123

(2) Partial-hospitalization mental health services of three	37124
to fourteen hours per service day, rendered by persons directly	37125
supervised by a mental health professional;	37126

(3) Unscheduled, emergency mental health services of a kind	37127
ordinarily provided to persons in crisis when rendered by persons	37128
supervised by a mental health professional.	37129

(B) Services shall be included in the state plan only when	37130
provided by community mental health facilities that have quality	37131
assurance programs accredited by the joint commission on	37132
accreditation of healthcare organizations or certified by the	37133
department of mental health or department of job and family	37134
services.	37135

(C) The comprehensive annual plan shall certify the	37136
availability of sufficient unencumbered community mental health	37137
state subsidy and local funds to match Title XIX reimbursement	37138
funds earned by the facilities. Reimbursement for eligible	37139
services shall be based on the prospective cost of providing the	37140
services as developed in standards adopted as part of the	37141
comprehensive annual plan.	37142

(D) As used in this section, "mental health professional"	37143
means a person qualified to work with mentally ill persons under	37144
the ~~minimum~~ standards established by the director of mental health	37145
pursuant to section ~~5119.61~~ 5119.611 of the Revised Code.	37146

(E) With respect to services established by division (A) of	37147
this section, the department of job and family services shall	37148
enter into a separate contract with the department of mental	37149
health. The terms of the contract between the department of job	37150
and family services and the department of mental health shall	37151
specify both of the following:	37152

(1) That the department of mental health and boards of	37153
alcohol, drug addiction, and mental health services shall provide	37154
state and local matching funds for Title XIX of the "Social	37155
Security Act," for reimbursement of services established by	37156
division (A) of this section;	37157

(2) How the community mental health facilities described in	37158
division (B) of this section will be paid for providing the	37159
services established by division (A) of this section.	37160

Sec. 5111.041. (A) As used in this section~~, "habilitation~~:

37161

(1) "Habilitation center" means a habilitation center	37162
certified under section 5123.041 of the Revised Code by the	37163
director of mental retardation and developmental disabilities ~~for~~	37164
~~the provision of~~ to provide habilitation center services under	37165
this section.	37166

(2) "Habilitation center services" means services provided	37167
by a habilitation center.	37168

(B) ~~Habilitation centers shall verify the availability of~~	37169
~~matching funds for Title XIX of the Social Security Act for~~	37170
~~reimbursement of habilitation services as defined in section~~	37171
~~5123.041 of the Revised Code and such matching funds shall be~~	37172
~~provided in accordance with 42 C.F.R. 433.45~~ To the extent	37173
provided in rules adopted under division (C) of this section and	37174
permitted by the availability of funds, the medicaid program shall	37175
cover habilitation center services.	37176

(C) The director of job and family services shall adopt	37177
rules in accordance with Chapter 119. of the Revised Code	37178
governing the medicaid program's coverage of habilitation center	37179
services. The rules shall establish or provide for all of the	37180
following:	37181

(1) The requirements a habilitation center must meet to	37182
obtain certification under section 5123.041 of the Revised Code;	37183

(2) Making habilitation center services available to	37184
medicaid recipients with a medical need for the services;	37185

(3) The amount, duration, and scope of the medicaid	37186
program's coverage of the habilitation center services, including	37187
all of the following:	37188

(a) The conditions under which the medicaid program covers	37189
the habilitation center services;	37190

(b) The amount the medicaid program pays for the	37191
habilitation center services or the method by which the amount is	37192
determined;	37193

(c) The manner in which the medicaid program pays for the	37194
habilitation center services.	37195

(D) A county board of mental retardation and developmental	37196
disabilities that has medicaid local administrative authority	37197
under division (B) of section 5126.055 of the Revised Code for	37198
habilitation center services shall pay the nonfederal share of	37199
medicaid expenditures for the services if all of the following	37200
apply:	37201

(1) The habilitation center services are provided to a	37202
medicaid recipient who is a current resident of the county that	37203
the county board serves;	37204

(2) The county board has determined, under section 5126.041	37205
of the Revised Code, that the medicaid recipient is eligible for	37206
county board services;	37207

(3) The habilitation center services are provided by a	37208
habilitation center with a medicaid provider agreement.	37209

(4) No school district is required to pay the nonfederal	37210
share under division (E) of this section.	37211

(E) A school district shall pay the nonfederal share of	37212
medicaid expenditures for habilitation center services if all of	37213
the following apply:	37214

(1) The habilitation center services are provided to a	37215
medicaid recipient who is a student enrolled in a school of the	37216
district;	37217

(2) The habilitation center services are included in the	37218
student's individualized education program provided under section	37219
3323.08 of the Revised Code;	37220

(3) The school district has a medicaid provider agreement to	37221
provide habilitation center services;	37222

(4) The habilitation center services are provided by a	37223
habilitation center with a medicaid provider agreement.	37224

(F) The departments of mental retardation and developmental	37225
disabilities and job and family services may approve, reduce,	37226
deny, or terminate a service included in the individualized	37227
service plan developed for a medicaid recipient eligible for	37228
habilitation center services. The departments shall consider the	37229
recommendations a county board of mental retardation and	37230
developmental disabilities makes under division (B)(1) of section	37231
5126.055 of the Revised Code. If either department approves,	37232
reduces, denies, or terminates a service, that department shall	37233
timely notify the medicaid recipient that the recipient may	37234
request a hearing under section 5101.35 of the Revised Code.	37235

Sec. 5111.042. The departments of mental retardation and	37236
developmental disabilities and job and family services may	37237
approve, reduce, deny, or terminate a service included in the	37238
individualized service plan developed for a medicaid recipient	37239
with mental retardation or other developmental disability who is	37240
eligible for medicaid case management services. The departments	37241
shall consider the recommendations a county board of mental	37242
retardation and developmental disabilities makes under division	37243
(B)(1) of section 5126.055 of the Revised Code. If either	37244
department approves, reduces, denies, or terminates a service,	37245
that department shall timely notify the medicaid recipient that	37246
the recipient may request a hearing under section 5101.35 of the	37247
Revised Code.	37248

Sec. 5111.081. The prescription drug rebates fund is hereby	37249
created in the state treasury. All rebates paid by drug	37250
manufacturers to the department of job and family services in	37251
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8	37252
shall be credited to the fund. The department of job and family	37253
services shall use money credited to the fund to pay for medicaid	37254
services and contracts.	37255

Sec. 5111.17. (A) ~~As used in this section, "community-based~~	37256
~~clinic" means a clinic that provides prenatal, family planning,~~	37257
~~well child, or primary care services and is funded in whole or in~~	37258
~~part by the state or federal government.~~	37259

~~(B)~~ On receipt of a waiver from the United States department	37260
of health and human services of any federal requirement that would	37261
otherwise be violated, the department of job and family services	37262
~~shall~~ may establish in ~~Franklin, Hamilton, and Lucas~~ some or all	37263
counties a managed care system under which designated recipients	37264
of medical assistance are required to obtain ~~medical~~ health care	37265
services from providers designated by the department. ~~The~~	37266
~~department may stagger implementation of the managed care system,~~	37267
~~but the system shall be implemented in at least one county not~~	37268
~~later than January 1, 1995, and in all three counties not later~~	37269
~~than July 1, 1996.~~	37270

~~(C)~~(B) The department~~, by rule adopted under this section,~~	37271
~~may require any recipients in any other county to receive all or~~	37272
~~some of their care through managed care organizations that~~	37273
~~contract with the department and are paid by the department~~	37274
~~pursuant to a capitation or other risk-based methodology~~	37275
~~prescribed in the rules, and to receive their care only from~~	37276
~~providers designated by the organizations~~ may enter into contracts	37277
with managed care organizations to authorize the organizations to	37278
provide, or arrange for the provision of, health care services to	37279
medical assistance recipients participating in a managed care	37280
system established under this section.	37281

~~(D) In accordance with rules adopted under division (G) of~~	37282
~~this section, the department may issue requests for proposals from~~	37283
~~managed care organizations interested in contracting with the~~	37284
~~department to provide managed care to participating medical~~	37285
~~assistance recipients.~~	37286

~~(E) A health insuring corporation under contract with the~~	37287
~~department under this section may enter into an agreement with any~~	37288
~~community-based clinic for the provision of medical services to~~	37289
~~medical assistance recipients participating in the managed care~~	37290
~~system if the clinic is willing to accept the terms, conditions,~~	37291
~~and payment procedures established by the health insuring~~	37292
~~corporation.~~	37293

~~(F)~~(C) For the purpose of determining the amount the	37294
department pays hospitals under section 5112.08 of the Revised	37295
Code and the amount of disproportionate share hospital payments	37296
paid by the medicare program established under Title XVIII of the	37297
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	37298
amended, each managed care organization under contract with the	37299
department to provide ~~managed care~~ hospital services to	37300
participating medical assistance recipients shall keep detailed	37301
records for each hospital with which it contracts about the cost	37302
to the hospital of providing the care, payments made by the	37303
organization to the hospital for the care, utilization of hospital	37304
services by medical assistance recipients participating in managed	37305
care, and other utilization data required by the department.	37306

~~(G)~~(D) The director of job and family services ~~shall~~ may	37307
adopt rules in accordance with Chapter 119. of the Revised Code to	37308
implement this section.	37309

Sec. 5111.171. (A) The department of job and family services	37310
may provide financial incentive awards to managed care	37311
organizations that contract with the department under section	37312
5111.17 of the Revised Code to provide health care services to	37313
participating medical assistance recipients and that meet or	37314
exceed performance standards specified in provider agreements or	37315
rules adopted by the department. The department may specify in a	37316
contract with a managed care organization the amounts of financial	37317
incentive awards, methodology for distributing awards, types of	37318
awards, and standards for administration by the department.	37319

(B) There is hereby created in the state treasury the health	37320
care compliance fund. The fund shall consist of all fines imposed	37321
on and collected from managed care organizations for failure to	37322
nmeet performance standards or other requirements specified in	37323
provider agreements or rules adopted by the department. All	37324
investment earnings of the fund shall be credited to the fund.	37325
Moneys credited to the fund shall be used solely for the following	37326
purposes:	37327

(1) To reimburse managed care organizations that have paid	37328
fines for failures to meet performance standards or other	37329
requirements and that have come into compliance by meeting	37330
requirements as specified by the department;	37331

(2) To provide financial incentive awards established	37332
pursuant to division (A) of this section and specified in	37333
contracts between managed care organizations and the department.	37334

Sec. 5111.231. (A)(1) The department of job and family	37335
services shall determine case-mix scores for nursing facilities	37336
using data for each resident, regardless of payment source, from a	37337
resident assessment instrument specified in rules adopted in	37338
accordance with Chapter 119. of the ~~Revissed~~ Revised Code pursuant	37339
to section ~~19119~~ 1919(e)(5) of the "Social Security Act," 49 Stat.	37340
620 (1935), 42 U.S.C.A. 1396r(e)(5), as amended, and the case-mix	37341
values established by the United States department of health and	37342
human services. Except as modified in rules adopted under	37343
division (A)(1)(c) of this section, the department also shall use	37344
the grouper methodology used on June 30, 1999, by the United	37345
States department of health and human services for prospective	37346
payment of skilled nursing facilities under the medicare program	37347
established by Title XVIII of the "Social Security Act," 49 Stat.	37348
620 (1935), 42 U.S.C.A. 301, as amended. The director of job and	37349
family services may adopt rules in accordance with Chapter 119. of	37350
the Revised Code that do any of the following:	37351

(a) Adjust the case-mix values to reflect changes in	37352
relative wage differentials that are specific to this state;	37353

(b) Express all of the case-mix values in numeric terms that	37354
are different from the terms specified by the United States	37355
department of health and human services but that do not alter the	37356
relationship of the case-mix values to one another;	37357

37358

(i) Establish a different hierarchy for assigning residents	37359
to case-mix categories under the methodology;	37360

(ii) Prohibit the use of the index maximizer element of the	37361
methodology;	37362

(iii) Incorporate changes to the methodology the United	37363
States department of health and human services makes after June	37364
30, 1999;	37365

~~(iv) Make other changes the medicaid long-term care~~	37366
~~reimbursement study council established by section 5111.34 of the~~	37367
~~Revised Code approves~~.	37368

(2) The department shall determine case-mix scores for	37369
intermediate care facilities for the mentally retarded using data	37370
for each resident, regardless of payment source, from a resident	37371
assessment instrument and grouper methodology prescribed in rules	37372
adopted in accordance with Chapter 119. of the Revised Code and	37373
expressed in case-mix values established by the department in	37374
those rules. ~~The department may change the grouper methodology~~	37375
~~prescribed in rules in effect on June 30, 1999, only if the~~	37376
~~medicaid long-term care reimbursement study council approves the~~	37377
~~change.~~	37378

(B) Not later than fifteen days after the end of each	37379
calendar quarter, each nursing facility and intermediate care	37380
facility for the mentally retarded shall submit to the department	37381
the complete assessment data, from the instrument specified in	37382
rules adopted under division (A) of this section, for each	37383
resident, regardless of payment source, who was in the facility or	37384
on hospital or therapeutic leave from the facility on the last day	37385
of the quarter.	37386

Except as provided in division (C) of this section, the	37387
department, after the end of each calendar year and pursuant to	37388
procedures specified in rules adopted in accordance with Chapter	37389
119. of the Revised Code, shall calculate an annual average	37390
case-mix score for each nursing facility and intermediate care	37391
facility for the mentally retarded using the facility's quarterly	37392
case-mix scores for that calendar year.	37393

(C)(1) If a facility does not timely submit information for	37394
a calendar quarter necessary to calculate its case-mix score, or	37395
submits incomplete or inaccurate information for a calendar	37396
quarter, the department may assign the facility a quarterly	37397
average case-mix score that is five per cent less than the	37398
facility's quarterly average case-mix score for the preceding	37399
calendar quarter. If the facility was subject to an exception	37400
review under division (C) of section 5111.27 of the Revised Code	37401
for the preceding calendar quarter, the department may assign a	37402
quarterly average case-mix score that is five per cent less than	37403
the score determined by the exception review. If the facility was	37404
assigned a quarterly average case-mix score for the preceding	37405
quarter, the department may assign a quarterly average case-mix	37406
score that is five per cent less than that score assigned for the	37407
preceding quarter.	37408

The department may use a quarterly average case-mix score	37409
assigned under division (C)(1) of this section, instead of a	37410
quarterly average case-mix score calculated based on the	37411
facility's submitted information, to calculate the facility's rate	37412
for direct care costs being established under section 5111.23 of	37413
the Revised Code for one or more months, as specified in rules	37414
adopted under division (D) of this section, of the quarter for	37415
which the rate established under section 5111.23 of the Revised	37416
Code will be paid.	37417

Before taking action under division (C)(1) of this section,	37418
the department shall permit the facility a reasonable period of	37419
time, specified in rules adopted under division (D) of this	37420
section, to correct the information. In the case of an	37421
intermediate care facility for the mentally retarded, the	37422
department shall not assign a quarterly average case-mix score due	37423
to late submission of corrections to assessment information unless	37424
the facility fails to submit corrected information prior to the	37425
eighty-first day after the end of the calendar quarter to which	37426
the information pertains. In the case of a nursing facility, the	37427
department shall not assign a quarterly average case-mix score due	37428
to late submission of corrections to assessment information unless	37429
the facility fails to submit corrected information prior to the	37430
earlier of the eighty-first day after the end of the calendar	37431
quarter to which the information pertains or the deadline for	37432
submission of such corrections established by regulations adopted	37433
by the United States department of health and human services under	37434
Titles XVIII and XIX of the Social Security Act.	37435

(2) If a facility is paid a rate calculated using a	37436
quarterly average case-mix score assigned under division (C)(1) of	37437
this section for more than six months in a calendar year, the	37438
department may assign the facility a cost per case-mix unit that	37439
is five per cent less than the facility's actual or assigned cost	37440
per case-mix unit for the preceding calendar year. The department	37441
may use the assigned cost per case-mix unit, instead of	37442
calculating the facility's actual cost per case-mix unit in	37443
accordance with section 5111.23 of the Revised Code, to establish	37444
the facility's rate for direct care costs for the following fiscal	37445
year.	37446

(3) The department shall take action under division (C)(1)	37447
or (2) of this section only in accordance with rules adopted under	37448
division (D) of this section. The department shall not take an	37449
action that affects rates for prior payment periods except in	37450
accordance with sections 5111.27 and 5111.28 of the Revised Code.	37451

(D) The director may adopt rules in accordance with Chapter	37452
119. of the Revised Code that do any of the following:	37453

(1) Specify the medium or media through which the completed	37454
assessment information shall be submitted;	37455

(2) Establish procedures under which the department will	37456
review assessment information for accuracy and notify the facility	37457
of any information that requires correction;	37458

(3) Establish procedures for facilities to correct	37459
assessment information. The procedures may prohibit an	37460
intermediate care facility for the mentally retarded from	37461
submitting corrected assessment information, for the purpose of	37462
calculating its annual average case-mix score, more than two	37463
calendar quarters after the end of the quarter to which the	37464
information pertains or, if the information pertains to the	37465
quarter ending the thirty-first day of December, after the	37466
thirty-first day of the following March. The procedures may limit	37467
the content of corrections by nursing facilities in the manner	37468
required by regulations adopted by the United States department of	37469
health and human services under Titles XVIII and XIX of the Social	37470
Security Act and prohibit a nursing facility from submitting	37471
corrected assessment information, for the purpose of calculating	37472
its annual average case-mix score, more than the earlier of the	37473
following:	37474

(a) Two calendar quarters after the end of the quarter to	37475
which the information pertains or, if the information pertains to	37476
the quarter ending the thirty-first day of December, after the	37477
thirty-first day of the following March;	37478

(b) The deadline for submission of such corrections	37479
established by regulations adopted by the United States department	37480
of health and human services under Titles XVIII and XIX of the	37481
Social Security Act.	37482

(4) Specify when and how the department will assign case-mix	37483
scores or costs per case-mix unit under division (C) of this	37484
section if information necessary to calculate the facility's	37485
average annual or quarterly case-mix score is not provided or	37486
corrected in accordance with the procedures established by the	37487
rules. Notwithstanding any other provision of sections 5111.20 to	37488
5111.32 of the Revised Code, the rules also may provide for	37489
exclusion of case-mix scores assigned under division (C) of this	37490
section from calculation of the facility's annual average case-mix	37491
score and the maximum cost per case-mix unit for the facility's	37492
peer group.	37493

Sec. 5111.25. (A) The department of job and family services	37494
shall pay each eligible nursing facility a per resident per day	37495
rate for its reasonable capital costs established prospectively	37496
each fiscal year for each facility. Except as otherwise provided	37497
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	37498
be based on the facility's capital costs for the calendar year	37499
preceding the fiscal year in which the rate will be paid. The	37500
rate shall equal the sum of divisions (A)(1) to (3) of this	37501
section:	37502

(1) The lesser of the following:

37503

(a) Eighty-eight and sixty-five one-hundredths per cent of	37504
the facility's desk-reviewed, actual, allowable, per diem cost of	37505
ownership and eighty-five per cent of the facility's actual,	37506
allowable, per diem cost of nonextensive renovation determined	37507
under division (F) of this section;	37508

(b) Eighty-eight and sixty-five one-hundredths per cent of	37509
the following limitation:	37510

(i) For the fiscal year beginning July 1, 1993, sixteen	37511
dollars per resident day;	37512

(ii) For the fiscal year beginning July 1, 1994, sixteen	37513
dollars per resident day, adjusted to reflect the rate of	37514
inflation for the twelve-month period beginning July 1, 1992, and	37515
ending June 30, 1993, using the consumer price index for shelter	37516
costs for all urban consumers for the north central region,	37517
published by the United States bureau of labor statistics;	37518

(iii) For subsequent fiscal years, the limitation in effect	37519
during the previous fiscal year, adjusted to reflect the rate of	37520
inflation for the twelve-month period beginning on the first day	37521
of July for the calendar year preceding the calendar year that	37522
precedes the fiscal year and ending on the following thirtieth day	37523
of June, using the consumer price index for shelter costs for all	37524
urban consumers for the north central region, published by the	37525
United States bureau of labor statistics.	37526

(2) Any efficiency incentive determined under division (D)	37527
of this section;	37528

(3) Any amounts for return on equity determined under	37529
division (H) of this section.	37530

Buildings shall be depreciated using the straight line method	37531
over forty years or over a different period approved by the	37532
department. Components and equipment shall be depreciated using	37533
the straight-line method over a period designated in rules adopted	37534
by the director of job and family services in accordance with	37535
Chapter 119. of the Revised Code, consistent with the guidelines	37536
of the American hospital association, or over a different period	37537
approved by the department. Any rules adopted under this division	37538
that specify useful lives of buildings, components, or equipment	37539
apply only to assets acquired on or after July 1, 1993.	37540
Depreciation for costs paid or reimbursed by any government agency	37541
shall not be included in cost of ownership or renovation unless	37542
that part of the payment under sections 5111.20 to 5111.32 of the	37543
Revised Code is used to reimburse the government agency.	37544

(B) The capital cost basis of nursing facility assets shall	37545
be determined in the following manner:	37546

(1) For purposes of calculating the rate to be paid for the	37547
fiscal year beginning July 1, 1993, for facilities with dates of	37548
licensure on or before June 30, 1993, the capital cost basis shall	37549
be equal to the following:	37550

(a) For facilities that have not had a change of ownership	37551
during the period beginning January 1, 1993, and ending June 30,	37552
1993, the desk-reviewed, actual, allowable capital cost basis that	37553
is listed on the facility's cost report for the cost reporting	37554
period ending December 31, 1992, plus the actual, allowable	37555
capital cost basis of any assets constructed or acquired after	37556
December 31, 1992, but before July 1, 1993, if the aggregate	37557
capital costs of those assets would increase the facility's rate	37558
for capital costs by twenty or more cents per resident per day.	37559

(b) For facilities that have a date of licensure or had a	37560
change of ownership during the period beginning January 1, 1993,	37561
and ending June 30, 1993, the actual, allowable capital cost basis	37562
of the person or government entity that owns the facility on June	37563
30, 1993.	37564

Capital cost basis shall be calculated as provided in	37565
division (B)(1) of this section subject to approval by the United	37566
States health care financing administration of any necessary	37567
amendment to the state plan for providing medical assistance.	37568

The department shall include the actual, allowable capital	37569
cost basis of assets constructed or acquired during the period	37570
beginning January 1, 1993, and ending June 30, 1993, in the	37571
calculation for the facility's rate effective July 1, 1993, if the	37572
aggregate capital costs of the assets would increase the	37573
facility's rate by twenty or more cents per resident per day and	37574
the facility provides the department with sufficient documentation	37575
of the costs before June 1, 1993. If the facility provides the	37576
documentation after that date, the department shall adjust the	37577
facility's rate to reflect the costs of the assets one month after	37578
the first day of the month after the department receives the	37579
documentation.	37580

(2) Except as provided in division (B)(4) of this section,	37581
for purposes of calculating the rates to be paid for fiscal years	37582
beginning after June 30, 1994, for facilities with dates of	37583
licensure on or before June 30, 1993, the capital cost basis of	37584
each asset shall be equal to the desk-reviewed, actual, allowable,	37585
capital cost basis that is listed on the facility's cost report	37586
for the calendar year preceding the fiscal year during which the	37587
rate will be paid.	37588

(3) For facilities with dates of licensure after June 30,	37589
1993, the capital cost basis shall be determined in accordance	37590
with the principles of the medicare program established under	37591
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	37592
U.S.C.A. 301, as amended, except as otherwise provided in sections	37593
5111.20 to 5111.32 of the Revised Code.	37594

(4) Except as provided in division (B)(5) of this section,	37595
if a provider transfers an interest in a facility to another	37596
provider after June 30, 1993, there shall be no increase in the	37597
capital cost basis of the asset if the providers are related	37598
parties. If the providers are not related parties or if they are	37599
related parties and division (B)(5) of this section requires the	37600
adjustment of the capital cost basis under this division, the	37601
basis of the asset shall be adjusted by the lesser of the	37602
following:	37603

(a) One-half of the change in construction costs during the	37604
time that the transferor held the asset, as calculated by the	37605
department of job and family services using the "Dodge building	37606
cost indexes, northeastern and north central states," published by	37607
Marshall and Swift;	37608

(b) One-half of the change in the consumer price index for	37609
all items for all urban consumers, as published by the United	37610
States bureau of labor statistics, during the time that the	37611
transferor held the asset.	37612

(5) If a provider transfers an interest in a facility to	37613
another provider who is a related party, the capital cost basis of	37614
the asset shall be adjusted as specified in division (B)(4) of	37615
this section for a transfer to a provider that is not a related	37616
party if all of the following conditions are met:	37617

(a) The related party is a relative of owner;

37618

(b) Except as provided in division (B)(5)(c)(ii) of this	37619
section, the provider making the transfer retains no ownership	37620
interest in the facility;	37621

(c) The department of job and family services determines	37622
that the transfer is an arm's length transaction pursuant to rules	37623
the department shall adopt in accordance with Chapter 119. of the	37624
Revised Code no later than December 31, 2000. The rules shall	37625
provide that a transfer is an arm's length transaction if all of	37626
the following apply:	37627

(i) Once the transfer goes into effect, the provider that	37628
made the transfer has no direct or indirect interest in the	37629
provider that acquires the facility or the facility itself,	37630
including interest as an owner, officer, director, employee,	37631
independent contractor, or consultant, but excluding interest as a	37632
creditor.	37633

(ii) The provider that made the transfer does not reacquire	37634
an interest in the facility except through the exercise of a	37635
creditor's rights in the event of a default. If the provider	37636
reacquires an interest in the facility in this manner, the	37637
department shall treat the facility as if the transfer never	37638
occurred when the department calculates its reimbursement rates	37639
for capital costs.	37640

(iii) The transfer satisfies any other criteria specified in	37641
the rules.	37642

(d) Except in the case of hardship caused by a catastrophic	37643
event, as determined by the department, or in the case of a	37644
provider making the transfer who is at least sixty-five years of	37645
age, not less than twenty years have elapsed since, for the same	37646
facility, the capital cost basis was adjusted most recently under	37647
division (B)(5) of this section or actual, allowable cost of	37648
ownership was determined most recently under division (C)(9) of	37649
this section.	37650

(C) As used in this division, "lease expense" means lease	37651
payments in the case of an operating lease and depreciation	37652
expense and interest expense in the case of a capital lease. As	37653
used in this division, "new lease" means a lease, to a different	37654
lessee, of a nursing facility that previously was operated under a	37655
lease.	37656

(1) Subject to the limitation specified in division (A)(1)	37657
of this section, for a lease of a facility that was effective on	37658
May 27, 1992, the entire lease expense is an actual, allowable	37659
cost of ownership during the term of the existing lease. The	37660
entire lease expense also is an actual, allowable cost of	37661
ownership if a lease in existence on May 27, 1992, is renewed	37662
under either of the following circumstances:	37663

(a) The renewal is pursuant to a renewal option that was in	37664
existence on May 27, 1992;	37665

(b) The renewal is for the same lease payment amount and	37666
between the same parties as the lease in existence on May 27,	37667
1992.	37668

(2) Subject to the limitation specified in division (A)(1)	37669
of this section, for a lease of a facility that was in existence	37670
but not operated under a lease on May 27, 1992, actual, allowable	37671
cost of ownership shall include the lesser of the annual lease	37672
expense or the annual depreciation expense and imputed interest	37673
expense that would be calculated at the inception of the lease	37674
using the lessor's entire historical capital asset cost basis,	37675
adjusted by the lesser of the following amounts:	37676

(a) One-half of the change in construction costs during the	37677
time the lessor held each asset until the beginning of the lease,	37678
as calculated by the department using the "Dodge building cost	37679
indexes, northeastern and north central states," published by	37680
Marshall and Swift;	37681

(b) One-half of the change in the consumer price index for	37682
all items for all urban consumers, as published by the United	37683
States bureau of labor statistics, during the time the lessor held	37684
each asset until the beginning of the lease.	37685

(3) Subject to the limitation specified in division (A)(1)	37686
of this section, for a lease of a facility with a date of	37687
licensure on or after May 27, 1992, that is initially operated	37688
under a lease, actual, allowable cost of ownership shall include	37689
the annual lease expense if there was a substantial commitment of	37690
money for construction of the facility after December 22, 1992,	37691
and before July 1, 1993. If there was not a substantial	37692
commitment of money after December 22, 1992, and before July 1,	37693
1993, actual, allowable cost of ownership shall include the lesser	37694
of the annual lease expense or the sum of the following:	37695

(a) The annual depreciation expense that would be calculated	37696
at the inception of the lease using the lessor's entire historical	37697
capital asset cost basis;	37698

(b) The greater of the lessor's actual annual amortization	37699
of financing costs and interest expense at the inception of the	37700
lease or the imputed interest expense calculated at the inception	37701
of the lease using seventy per cent of the lessor's historical	37702
capital asset cost basis.	37703

(4) Subject to the limitation specified in division (A)(1)	37704
of this section, for a lease of a facility with a date of	37705
licensure on or after May 27, 1992, that was not initially	37706
operated under a lease and has been in existence for ten years,	37707
actual, allowable cost of ownership shall include the lesser of	37708
the annual lease expense or the annual depreciation expense and	37709
imputed interest expense that would be calculated at the inception	37710
of the lease using the entire historical capital asset cost basis	37711
of the lessor, adjusted by the lesser of the following:	37712

(a) One-half of the change in construction costs during the	37713
time the lessor held each asset until the beginning of the lease,	37714
as calculated by the department using the "Dodge building cost	37715
indexes, northeastern and north central states," published by	37716
Marshall and Swift;	37717

(b) One-half of the change in the consumer price index for	37718
all items for all urban consumers, as published by the United	37719
States bureau of labor statistics, during the time the lessor held	37720
each asset until the beginning of the lease.	37721

(5) Subject to the limitation specified in division (A)(1)	37722
of this section, for a new lease of a facility that was operated	37723
under a lease on May 27, 1992, actual, allowable cost of ownership	37724
shall include the lesser of the annual new lease expense or the	37725
annual old lease payment. If the old lease was in effect for ten	37726
years or longer, the old lease payment from the beginning of the	37727
old lease shall be adjusted by the lesser of the following:	37728

(a) One-half of the change in construction costs from the	37729
beginning of the old lease to the beginning of the new lease, as	37730
calculated by the department using the "Dodge building cost	37731
indexes, northeastern and north central states," published by	37732
Marshall and Swift;	37733

(b) One-half of the change in the consumer price index for	37734
all items for all urban consumers, as published by the United	37735
States bureau of labor statistics, from the beginning of the old	37736
lease to the beginning of the new lease.	37737

(6) Subject to the limitation specified in division (A)(1)	37738
of this section, for a new lease of a facility that was not in	37739
existence or that was in existence but not operated under a lease	37740
on May 27, 1992, actual, allowable cost of ownership shall include	37741
the lesser of annual new lease expense or the annual amount	37742
calculated for the old lease under division (C)(2), (3), (4), or	37743
(6) of this section, as applicable. If the old lease was in	37744
effect for ten years or longer, the lessor's historical capital	37745
asset cost basis shall be adjusted by the lesser of the following	37746
for purposes of calculating the annual amount under division	37747
(C)(2), (3), (4), or (6) of this section:	37748

(a) One-half of the change in construction costs from the	37749
beginning of the old lease to the beginning of the new lease, as	37750
calculated by the department using the "Dodge building cost	37751
indexes, northeastern and north central states," published by	37752
Marshall and Swift;	37753

(b) One-half of the change in the consumer price index for	37754
all items for all urban consumers, as published by the United	37755
States bureau of labor statistics, from the beginning of the old	37756
lease to the beginning of the new lease.	37757

In the case of a lease under division (C)(3) of this section	37758
of a facility for which a substantial commitment of money was made	37759
after December 22, 1992, and before July 1, 1993, the old lease	37760
payment shall be adjusted for the purpose of determining the	37761
annual amount.	37762

(7) For any revision of a lease described in division	37763
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any	37764
subsequent lease of a facility operated under such a lease, other	37765
than execution of a new lease, the portion of actual, allowable	37766
cost of ownership attributable to the lease shall be the same as	37767
before the revision or subsequent lease.	37768

(8) Except as provided in division (C)(9) of this section,	37769
if a provider leases an interest in a facility to another provider	37770
who is a related party, the related party's actual, allowable cost	37771
of ownership shall include the lesser of the annual lease expense	37772
or the reasonable cost to the lessor.	37773

(9) If a provider leases an interest in a facility to	37774
another provider who is a related party, regardless of the date of	37775
the lease, the related party's actual, allowable cost of ownership	37776
shall include the annual lease expense, subject to the limitations	37777
specified in divisions (C)(1) to (7) of this section, if all of	37778
the following conditions are met:	37779

(a) The related party is a relative of owner;

37780

(b) If the lessor retains an ownership interest, it is,	37781
except as provided in division (C)(9)(c)(ii) of this section, in	37782
only the real property and any improvements on the real property;	37783

(c) The department of job and family services determines	37784
that the lease is an arm's length transaction pursuant to rules	37785
the department shall adopt in accordance with Chapter 119. of the	37786
Revised Code no later than December 31, 2000. The rules shall	37787
provide that a lease is an arm's length transaction if all of the	37788
following apply:	37789

(i) Once the lease goes into effect, the lessor has no	37790
direct or indirect interest in the lessee or, except as provided	37791
in division (C)(9)(b) of this section, the facility itself,	37792
including interest as an owner, officer, director, employee,	37793
independent contractor, or consultant, but excluding interest as a	37794
lessor.	37795

(ii) The lessor does not reacquire an interest in the	37796
facility except through the exercise of a lessor's rights in the	37797
event of a default. If the lessor reacquires an interest in the	37798
facility in this manner, the department shall treat the facility	37799
as if the lease never occurred when the department calculates its	37800
reimbursement rates for capital costs.	37801

(iii) The lease satisfies any other criteria specified in	37802
the rules.	37803

(d) Except in the case of hardship caused by a catastrophic	37804
event, as determined by the department, or in the case of a lessor	37805
who is at least sixty-five years of age, not less than twenty	37806
years have elapsed since, for the same facility, the capital cost	37807
basis was adjusted most recently under division (B)(5) of this	37808
section or actual, allowable cost of ownership was determined most	37809
recently under division (C)(9) of this section.	37810

(10) This division does not apply to leases of specific	37811
items of equipment.	37812

(D)(1) Subject to division (D)(2) of this section, the	37813
department shall pay each nursing facility an efficiency incentive	37814
that is equal to fifty per cent of the difference between the	37815
following:	37816

(a) Eighty-eight and sixty-five one-hundredths per cent of	37817
the facility's desk-reviewed, actual, allowable, per diem cost of	37818
ownership;	37819

(b) The applicable amount specified in division (E) of this	37820
section.	37821

(2) The efficiency incentive paid to a nursing facility	37822
shall not exceed the greater of the following:	37823

(a) The efficiency incentive the facility was paid during	37824
the fiscal year ending June 30, 1994;	37825

(b) Three dollars per resident per day, adjusted annually	37826
for rates paid beginning July 1, 1994, for the inflation rate for	37827
the twelve-month period beginning on the first day of July of the	37828
calendar year preceding the calendar year that precedes the fiscal	37829
year for which the efficiency incentive is determined and ending	37830
on the thirtieth day of the following June, using the consumer	37831
price index for shelter costs for all urban consumers for the	37832
north central region, as published by the United States bureau of	37833
labor statistics.	37834

(3) For purposes of calculating the efficiency incentive,	37835
depreciation for costs that are paid or reimbursed by any	37836
government agency shall be considered as costs of ownership, and	37837
renovation costs that are paid under division (F) of this section	37838
shall not be considered costs of ownership.	37839

(E) The following amounts shall be used to calculate	37840
efficiency incentives for nursing facilities under this section:	37841

(1) For facilities with dates of licensure prior to January	37842
1, 1958, four dollars and twenty-four cents per patient day;	37843

(2) For facilities with dates of licensure after December	37844
31, 1957, but prior to January 1, 1968:	37845

(a) Five dollars and twenty-four cents per patient day if	37846
the cost of construction was three thousand five hundred dollars	37847
or more per bed;	37848

(b) Four dollars and twenty-four cents per patient day if	37849
the cost of construction was less than three thousand five hundred	37850
dollars per bed.	37851

(3) For facilities with dates of licensure after December	37852
31, 1967, but prior to January 1, 1976:	37853

(a) Six dollars and twenty-four cents per patient day if the	37854
cost of construction was five thousand one hundred fifty dollars	37855
or more per bed;	37856

(b) Five dollars and twenty-four cents per patient day if	37857
the cost of construction was less than five thousand one hundred	37858
fifty dollars per bed, but exceeded three thousand five hundred	37859
dollars per bed;	37860

(c) Four dollars and twenty-four cents per patient day if	37861
the cost of construction was three thousand five hundred dollars	37862
or less per bed.	37863

(4) For facilities with dates of licensure after December	37864
31, 1975, but prior to January 1, 1979:	37865

(a) Seven dollars and twenty-four cents per patient day if	37866
the cost of construction was six thousand eight hundred dollars or	37867
more per bed;	37868

(b) Six dollars and twenty-four cents per patient day if the	37869
cost of construction was less than six thousand eight hundred	37870
dollars per bed but exceeded five thousand one hundred fifty	37871
dollars per bed;	37872

(c) Five dollars and twenty-four cents per patient day if	37873
the cost of construction was five thousand one hundred fifty	37874
dollars or less per bed, but exceeded three thousand five hundred	37875
dollars per bed;	37876

(d) Four dollars and twenty-four cents per patient day if	37877
the cost of construction was three thousand five hundred dollars	37878
or less per bed.	37879

(5) For facilities with dates of licensure after December	37880
31, 1978, but prior to January 1, 1981:	37881

(a) Seven dollars and seventy-four cents per patient day if	37882
the cost of construction was seven thousand six hundred	37883
twenty-five dollars or more per bed;	37884

(b) Seven dollars and twenty-four cents per patient day if	37885
the cost of construction was less than seven thousand six hundred	37886
twenty-five dollars per bed but exceeded six thousand eight	37887
hundred dollars per bed;	37888

(c) Six dollars and twenty-four cents per patient day if the	37889
cost of construction was six thousand eight hundred dollars or	37890
less per bed but exceeded five thousand one hundred fifty dollars	37891
per bed;	37892

(d) Five dollars and twenty-four cents per patient day if	37893
the cost of construction was five thousand one hundred fifty	37894
dollars or less but exceeded three thousand five hundred dollars	37895
per bed;	37896

(e) Four dollars and twenty-four cents per patient day if	37897
the cost of construction was three thousand five hundred dollars	37898
or less per bed.	37899

(6) For facilities with dates of licensure in 1981 or any	37900
year thereafter prior to December 22, 1992, the following amount:	37901

(a) For facilities with construction costs less than seven	37902
thousand six hundred twenty-five dollars per bed, the applicable	37903
amounts for the construction costs specified in divisions	37904
(E)(5)(b) to (e) of this section;	37905

(b) For facilities with construction costs of seven thousand	37906
six hundred twenty-five dollars or more per bed, six dollars per	37907
patient day, provided that for 1981 and annually thereafter prior	37908
to December 22, 1992, department shall do both of the following to	37909
the six-dollar amount:	37910

(i) Adjust the amount for fluctuations in construction costs	37911
calculated by the department using the "Dodge building cost	37912
indexes, northeastern and north central states," published by	37913
Marshall and Swift, using 1980 as the base year;	37914

(ii) Increase the amount, as adjusted for inflation under	37915
division (E)(6)(b)(i) of this section, by one dollar and	37916
seventy-four cents.	37917

(7) For facilities with dates of licensure on or after	37918
January 1, 1992, seven dollars and ninety-seven cents, adjusted	37919
for fluctuations in construction costs between 1991 and 1993 as	37920
calculated by the department using the "Dodge building cost	37921
indexes, northeastern and north central states," published by	37922
Marshall and Swift, and then increased by one dollar and	37923
seventy-four cents.	37924

For the fiscal year that begins July 1, 1994, each of the	37925
amounts listed in divisions (E)(1) to (7) of this section shall be	37926
increased by twenty-five cents. For the fiscal year that begins	37927
July 1, 1995, each of those amounts shall be increased by an	37928
additional twenty-five cents. For subsequent fiscal years, each	37929
of those amounts, as increased for the prior fiscal year, shall be	37930
adjusted to reflect the rate of inflation for the twelve-month	37931
period beginning on the first day of July of the calendar year	37932
preceding the calendar year that precedes the fiscal year and	37933
ending on the following thirtieth day of June, using the consumer	37934
price index for shelter costs for all urban consumers for the	37935
north central region, as published by the United States bureau of	37936
labor statistics.	37937

If the amount established for a nursing facility under this	37938
division is less than the amount that applied to the facility	37939
under division (B) of former section 5111.25 of the Revised Code,	37940
as the former section existed immediately prior to December 22,	37941
1992, the amount used to calculate the efficiency incentive for	37942
the facility under division (D)(2) of this section shall be the	37943
amount that was calculated under division (B) of the former	37944
section.	37945

(F) Beginning July 1, 1993, regardless of the facility's	37946
date of licensure or the date of the nonextensive renovations, the	37947
rate for the costs of nonextensive renovations for nursing	37948
facilities shall be eighty-five per cent of the desk-reviewed,	37949
actual, allowable, per diem, nonextensive renovation costs. This	37950
division applies to nonextensive renovations regardless of whether	37951
they are made by an owner or a lessee. If the tenancy of a lessee	37952
that has made nonextensive renovations ends before the	37953
depreciation expense for the renovation costs has been fully	37954
reported, the former lessee shall not report the undepreciated	37955
balance as an expense.	37956

(1) For a nonextensive renovation made after July 1, 1993,	37957
to qualify for payment under this division, both of the following	37958
conditions must be met:	37959

(a) At least five years have elapsed since the date of	37960
licensure of the portion of the facility that is proposed to be	37961
renovated, except that this condition does not apply if the	37962
renovation is necessary to meet the requirements of federal,	37963
state, or local statutes, ordinances, rules, or policies.	37964

(b) The provider has obtained prior approval from the	37965
department of job and family services, and if required the	37966
director of health has granted a certificate of need for the	37967
renovation under section 3702.52 of the Revised Code. The	37968
provider shall submit a plan that describes in detail the changes	37969
in capital assets to be accomplished by means of the renovation	37970
and the timetable for completing the project. The time for	37971
completion of the project shall be no more than eighteen months	37972
after the renovation begins. The department of job and family	37973
services shall adopt rules in accordance with Chapter 119. of the	37974
Revised Code that specify criteria and procedures for prior	37975
approval of renovation projects. No provider shall separate a	37976
project with the intent to evade the characterization of the	37977
project as a renovation or as an extensive renovation. No	37978
provider shall increase the scope of a project after it is	37979
approved by the department of job and family services unless the	37980
increase in scope is approved by the department.	37981

(2) The payment provided for in this division is the only	37982
payment that shall be made for the costs of a nonextensive	37983
renovation. Nonextensive renovation costs shall not be included	37984
in costs of ownership, and a nonextensive renovation shall not	37985
affect the date of licensure for purposes of calculating the	37986
efficiency incentive under divisions (D) and (E) of this section.	37987

(G) The owner of a nursing facility operating under a	37988
provider agreement shall provide written notice to the department	37989
of job and family services at least forty-five days prior to	37990
entering into any contract of sale for the facility or voluntarily	37991
terminating participation in the medical assistance program. After	37992
the date on which a transaction of sale is closed, the owner shall	37993
refund to the department the amount of excess depreciation paid to	37994
the facility by the department for each year the owner has	37995
operated the facility under a provider agreement and prorated	37996
according to the number of medicaid patient days for which the	37997
facility has received payment. If a nursing facility is sold	37998
after five or fewer years of operation under a provider agreement,	37999
the refund to the department shall be equal to the excess	38000
depreciation paid to the facility. If a nursing facility is sold	38001
after more than five years but less than ten years of operation	38002
under a provider agreement, the refund to the department shall	38003
equal the excess depreciation paid to the facility multiplied by	38004
twenty per cent, multiplied by the difference between ten and the	38005
number of years that the facility was operated under a provider	38006
agreement. If a nursing facility is sold after ten or more years	38007
of operation under a provider agreement, the owner shall not	38008
refund any excess depreciation to the department. The owner of a	38009
facility that is sold or that voluntarily terminates participation	38010
in the medical assistance program also shall refund any other	38011
amount that the department properly finds to be due after the	38012
audit conducted under this division. For the purposes of this	38013
division, "depreciation paid to the facility" means the amount	38014
paid to the nursing facility for cost of ownership pursuant to	38015
this section less any amount paid for interest costs, amortization	38016
of financing costs, and lease expenses. For the purposes of this	38017
division, "excess depreciation" is the nursing facility's	38018
depreciated basis, which is the owner's cost less accumulated	38019
depreciation, subtracted from the purchase price net of selling	38020
costs but not exceeding the amount of depreciation paid to the	38021
facility.	38022

A cost report shall be filed with the department within	38023
ninety days after the date on which the transaction of sale is	38024
closed or participation is voluntarily terminated. The report	38025
shall show the accumulated depreciation, the sales price, and	38026
other information required by the department. The department	38027
shall provide for a bank, trust company, or savings and loan	38028
association to hold in escrow the amount of the last two monthly	38029
payments to a nursing facility made pursuant to division (A)(1) of	38030
section 5111.22 of the Revised Code before a sale or termination	38031
of participation ~~shall be held in escrow by a bank, trust company,~~	38032
~~or savings and loan association, except that if~~ or, if the owner	38033
fails, within the time required by this division, to notify the	38034
department before entering into a contract of sale for the	38035
facility, the amount of the first two monthly payments made to the	38036
facility after the department learns of the contract, regardless	38037
of whether a new owner is in possession of the facility. If the	38038
amount the owner will be required to refund under this section is	38039
likely to be less than the amount of the ~~last~~ two monthly payments	38040
otherwise put into escrow under this division, the department	38041
shall take one of the following actions instead of withholding the	38042
amount of the ~~last~~ two monthly payments:	38043

(1) In the case of an owner that owns other facilities that	38044
participate in the medical assistance program, obtain a promissory	38045
note in an amount sufficient to cover the amount likely to be	38046
refunded;	38047

(2) In the case of all other owners, withhold the amount of	38048
the last monthly payment to the nursing facility or, if the owner	38049
fails, within the time required by this division, to notify the	38050
department before entering into a contract of sale for the	38051
facility, the amount of the first monthly payment made to the	38052
facility after the department learns of the contract, regardless	38053
of whether a new owner is in possession of the facility.	38054

The department shall, within ninety days following the filing	38055
of the cost report, audit the cost report and issue an audit	38056
report to the owner. The department also may audit any other cost	38057
report that the facility has filed during the previous three	38058
years. In the audit report, the department shall state its	38059
findings and the amount of any money owed to the department by the	38060
nursing facility. The findings shall be subject to adjudication	38061
conducted in accordance with Chapter 119. of the Revised Code. No	38062
later than fifteen days after the owner agrees to a settlement,	38063
any funds held in escrow less any amounts due to the department	38064
shall be released to the owner and amounts due to the department	38065
shall be paid to the department. If the amounts in escrow are	38066
less than the amounts due to the department, the balance shall be	38067
paid to the department within fifteen days after the owner agrees	38068
to a settlement. If the department does not issue its audit	38069
report within the ninety-day period, the department shall release	38070
any money held in escrow to the owner. For the purposes of this	38071
section, a transfer of corporate stock, the merger of one	38072
corporation into another, or a consolidation does not constitute a	38073
sale.	38074

If a nursing facility is not sold or its participation is not	38075
terminated after notice is provided to the department under this	38076
division, the department shall order any payments held in escrow	38077
released to the facility upon receiving written notice from the	38078
owner that there will be no sale or termination. After written	38079
notice is received from a nursing facility that a sale or	38080
termination will not take place, the facility shall provide notice	38081
to the department at least forty-five days prior to entering into	38082
any contract of sale or terminating participation at any future	38083
time.	38084

(H) The department shall pay each eligible proprietary	38085
nursing facility a return on the facility's net equity computed at	38086
the rate of one and one-half times the average interest rate on	38087
special issues of public debt obligations issued to the federal	38088
hospital insurance trust fund for the cost reporting period,	38089
except that no facility's return on net equity shall exceed ~~one~~	38090
~~dollar~~ fifty cents per patient day.	38091

When calculating the rate for return on net equity, the	38092
department shall use the greater of the facility's inpatient days	38093
during the applicable cost reporting period or the number of	38094
inpatient days the facility would have had during that period if	38095
its occupancy rate had been ninety-five per cent.	38096

(I) If a nursing facility would receive a lower rate for	38097
capital costs for assets in the facility's possession on July 1,	38098
1993, under this section than it would receive under former	38099
section 5111.25 of the Revised Code, as the former section existed	38100
immediately prior to December 22, 1992, the facility shall receive	38101
for those assets the rate it would have received under the former	38102
section for each fiscal year beginning on or after July 1, 1993,	38103
until the rate it would receive under this section exceeds the	38104
rate it would have received under the former section. Any	38105
facility that receives a rate calculated under the former section	38106
5111.25 of the Revised Code for assets in the facility's	38107
possession on July 1, 1993, also shall receive a rate calculated	38108
under this section for costs of any assets it constructs or	38109
acquires after July 1, 1993.	38110

Sec. 5111.251. (A) The department of job and family	38111
services shall pay each eligible intermediate care facility for	38112
the mentally retarded for its reasonable capital costs, a per	38113
resident per day rate established prospectively each fiscal year	38114
for each intermediate care facility for the mentally retarded.	38115
Except as otherwise provided in sections 5111.20 to 5111.32 of the	38116
Revised Code, the rate shall be based on the facility's capital	38117
costs for the calendar year preceding the fiscal year in which the	38118
rate will be paid. The rate shall equal the sum of the following:	38119

(1) The facility's desk-reviewed, actual, allowable, per	38120
diem cost of ownership for the preceding cost reporting period,	38121
limited as provided in divisions (C) and (F) of this section;	38122

(2) Any efficiency incentive determined under division (B)	38123
of this section;	38124

(3) Any amounts for renovations determined under division	38125
(D) of this section;	38126

(4) Any amounts for return on equity determined under	38127
division (I) of this section.	38128

Buildings shall be depreciated using the straight line method	38129
over forty years or over a different period approved by the	38130
department. Components and equipment shall be depreciated using	38131
the straight line method over a period designated by the director	38132
of job and family services in rules adopted in accordance with	38133
Chapter 119. of the Revised Code, consistent with the guidelines	38134
of the American hospital association, or over a different period	38135
approved by the department of job and family services. Any rules	38136
adopted under this division that specify useful lives of	38137
buildings, components, or equipment apply only to assets acquired	38138
on or after July 1, 1993. Depreciation for costs paid or	38139
reimbursed by any government agency shall not be included in costs	38140
of ownership or renovation unless that part of the payment under	38141
sections 5111.20 to 5111.32 of the Revised Code is used to	38142
reimburse the government agency.	38143

(B) The department of job and family services shall pay to	38144
each intermediate care facility for the mentally retarded an	38145
efficiency incentive equal to fifty per cent of the difference	38146
between any desk-reviewed, actual, allowable cost of ownership and	38147
the applicable limit on cost of ownership payments under division	38148
(C) of this section. For purposes of computing the efficiency	38149
incentive, depreciation for costs paid or reimbursed by any	38150
government agency shall be considered as a cost of ownership, and	38151
the applicable limit under division (C) of this section shall	38152
apply both to facilities with more than eight beds and facilities	38153
with eight or fewer beds. The efficiency incentive paid to a	38154
facility with eight or fewer beds shall not exceed three dollars	38155
per patient day, adjusted annually for the inflation rate for the	38156
twelve-month period beginning on the first day of July of the	38157
calendar year preceding the calendar year that precedes the fiscal	38158
year for which the efficiency incentive is determined and ending	38159
on the thirtieth day of the following June, using the consumer	38160
price index for shelter costs for all urban consumers for the	38161
north central region, as published by the United States bureau of	38162
labor statistics.	38163

(C) Cost of ownership payments to intermediate care	38164
facilities for the mentally retarded with more than eight beds	38165
shall not exceed the following limits:	38166

(1) For facilities with dates of licensure prior to January	38167
1, l958, not exceeding two dollars and fifty cents per patient	38168
day;	38169

(2) For facilities with dates of licensure after December	38170
31, l957, but prior to January 1, l968, not exceeding:	38171

(a) Three dollars and fifty cents per patient day if the	38172
cost of construction was three thousand five hundred dollars or	38173
more per bed;	38174

(b) Two dollars and fifty cents per patient day if the cost	38175
of construction was less than three thousand five hundred dollars	38176
per bed.	38177

(3) For facilities with dates of licensure after December	38178
31, l967, but prior to January 1, l976, not exceeding:	38179

(a) Four dollars and fifty cents per patient day if the cost	38180
of construction was five thousand one hundred fifty dollars or	38181
more per bed;	38182

(b) Three dollars and fifty cents per patient day if the	38183
cost of construction was less than five thousand one hundred fifty	38184
dollars per bed, but exceeds three thousand five hundred dollars	38185
per bed;	38186

(c) Two dollars and fifty cents per patient day if the cost	38187
of construction was three thousand five hundred dollars or less	38188
per bed.	38189

(4) For facilities with dates of licensure after December	38190
31, l975, but prior to January 1, l979, not exceeding:	38191

(a) Five dollars and fifty cents per patient day if the cost	38192
of construction was six thousand eight hundred dollars or more per	38193
bed;	38194

(b) Four dollars and fifty cents per patient day if the cost	38195
of construction was less than six thousand eight hundred dollars	38196
per bed but exceeds five thousand one hundred fifty dollars per	38197
bed;	38198

(c) Three dollars and fifty cents per patient day if the	38199
cost of construction was five thousand one hundred fifty dollars	38200
or less per bed, but exceeds three thousand five hundred dollars	38201
per bed;	38202

(d) Two dollars and fifty cents per patient day if the cost	38203
of construction was three thousand five hundred dollars or less	38204
per bed.	38205

(5) For facilities with dates of licensure after December	38206
31, l978, but prior to January 1, l980, not exceeding:	38207

(a) Six dollars per patient day if the cost of construction	38208
was seven thousand six hundred twenty-five dollars or more per	38209
bed;	38210

(b) Five dollars and fifty cents per patient day if the cost	38211
of construction was less than seven thousand six hundred	38212
twenty-five dollars per bed but exceeds six thousand eight hundred	38213
dollars per bed;	38214

(c) Four dollars and fifty cents per patient day if the cost	38215
of construction was six thousand eight hundred dollars or less per	38216
bed but exceeds five thousand one hundred fifty dollars per bed;	38217

(d) Three dollars and fifty cents per patient day if the	38218
cost of construction was five thousand one hundred fifty dollars	38219
or less but exceeds three thousand five hundred dollars per bed;	38220

(e) Two dollars and fifty cents per patient day if the cost	38221
of construction was three thousand five hundred dollars or less	38222
per bed.	38223

(6) For facilities with dates of licensure after December	38224
31, 1979, but prior to January 1, 1981, not exceeding:	38225

(a) Twelve dollars per patient day if the beds were	38226
originally licensed as residential facility beds by the department	38227
of mental retardation and developmental disabilities;	38228

(b) Six dollars per patient day if the beds were originally	38229
licensed as nursing home beds by the department of health.	38230

(7) For facilities with dates of licensure after December	38231
31, 1980, but prior to January 1, 1982, not exceeding:	38232

(a) Twelve dollars per patient day if the beds were	38233
originally licensed as residential facility beds by the department	38234
of mental retardation and developmental disabilities;	38235

(b) Six dollars and forty-five cents per patient day if the	38236
beds were originally licensed as nursing home beds by the	38237
department of health.	38238

(8) For facilities with dates of licensure after December	38239
31, 1981, but prior to January 1, 1983, not exceeding:	38240

(a) Twelve dollars per patient day if the beds were	38241
originally licensed as residential facility beds by the department	38242
of mental retardation and developmental disabilities;	38243

(b) Six dollars and seventy-nine cents per patient day if	38244
the beds were originally licensed as nursing home beds by the	38245
department of health.	38246

(9) For facilities with dates of licensure after December	38247
31, 1982, but prior to January 1, 1984, not exceeding:	38248

(a) Twelve dollars per patient day if the beds were	38249
originally licensed as residential facility beds by the department	38250
of mental retardation and developmental disabilities;	38251

(b) Seven dollars and nine cents per patient day if the beds	38252
were originally licensed as nursing home beds by the department of	38253
health.	38254

(10) For facilities with dates of licensure after December	38255
31, 1983, but prior to January 1, 1985, not exceeding:	38256

(a) Twelve dollars and twenty-four cents per patient day if	38257
the beds were originally licensed as residential facility beds by	38258
the department of mental retardation and developmental	38259
disabilities;	38260

(b) Seven dollars and twenty-three cents per patient day if	38261
the beds were originally licensed as nursing home beds by the	38262
department of health.	38263

(11) For facilities with dates of licensure after December	38264
31, 1984, but prior to January 1, 1986, not exceeding:	38265

(a) Twelve dollars and fifty-three cents per patient day if	38266
the beds were originally licensed as residential facility beds by	38267
the department of mental retardation and developmental	38268
disabilities;	38269

(b) Seven dollars and forty cents per patient day if the	38270
beds were originally licensed as nursing home beds by the	38271
department of health.	38272

(12) For facilities with dates of licensure after December	38273
31, 1985, but prior to January 1, 1987, not exceeding:	38274

(a) Twelve dollars and seventy cents per patient day if the	38275
beds were originally licensed as residential facility beds by the	38276
department of mental retardation and developmental disabilities;	38277

(b) Seven dollars and fifty cents per patient day if the	38278
beds were originally licensed as nursing home beds by the	38279
department of health.	38280

(13) For facilities with dates of licensure after December	38281
31, 1986, but prior to January 1, 1988, not exceeding:	38282

(a) Twelve dollars and ninety-nine cents per patient day if	38283
the beds were originally licensed as residential facility beds by	38284
the department of mental retardation and developmental	38285
disabilities;	38286

(b) Seven dollars and sixty-seven cents per patient day if	38287
the beds were originally licensed as nursing home beds by the	38288
department of health.	38289

(14) For facilities with dates of licensure after December	38290
31, 1987, but prior to January 1, 1989, not exceeding thirteen	38291
dollars and twenty-six cents per patient day;	38292

(15) For facilities with dates of licensure after December	38293
31, 1988, but prior to January 1, 1990, not exceeding thirteen	38294
dollars and forty-six cents per patient day;	38295

(16) For facilities with dates of licensure after December	38296
31, 1989, but prior to January 1, 1991, not exceeding thirteen	38297
dollars and sixty cents per patient day;	38298

(17) For facilities with dates of licensure after December	38299
31, 1990, but prior to January 1, 1992, not exceeding thirteen	38300
dollars and forty-nine cents per patient day;	38301

(18) For facilities with dates of licensure after December	38302
31, 1991, but prior to January 1, 1993, not exceeding thirteen	38303
dollars and sixty-seven cents per patient day;	38304

(19) For facilities with dates of licensure after December	38305
31, 1992, not exceeding fourteen dollars and twenty-eight cents	38306
per patient day.	38307

(D) Beginning January 1, 1981, regardless of the original	38308
date of licensure, the department of job and family services shall	38309
pay a rate for the per diem capitalized costs of renovations to	38310
intermediate care facilities for the mentally retarded made after	38311
January 1, l981, not exceeding six dollars per patient day using	38312
1980 as the base year and adjusting the amount annually until June	38313
30, 1993, for fluctuations in construction costs calculated by the	38314
department using the "Dodge building cost indexes, northeastern	38315
and north central states," published by Marshall and Swift. The	38316
payment provided for in this division is the only payment that	38317
shall be made for the capitalized costs of a nonextensive	38318
renovation of an intermediate care facility for the mentally	38319
retarded. Nonextensive renovation costs shall not be included in	38320
cost of ownership, and a nonextensive renovation shall not affect	38321
the date of licensure for purposes of division (C) of this	38322
section. This division applies to nonextensive renovations	38323
regardless of whether they are made by an owner or a lessee. If	38324
the tenancy of a lessee that has made renovations ends before the	38325
depreciation expense for the renovation costs has been fully	38326
reported, the former lessee shall not report the undepreciated	38327
balance as an expense.	38328

For a nonextensive renovation to qualify for payment under	38329
this division, both of the following conditions must be met:	38330

(1) At least five years have elapsed since the date of	38331
licensure or date of an extensive renovation of the portion of the	38332
facility that is proposed to be renovated, except that this	38333
condition does not apply if the renovation is necessary to meet	38334
the requirements of federal, state, or local statutes, ordinances,	38335
rules, or policies.	38336

(2) The provider has obtained prior approval from the	38337
department of job and family services. The provider shall submit	38338
a plan that describes in detail the changes in capital assets to	38339
be accomplished by means of the renovation and the timetable for	38340
completing the project. The time for completion of the project	38341
shall be no more than eighteen months after the renovation begins.	38342
The director of job and family services shall adopt rules in	38343
accordance with Chapter 119. of the Revised Code that specify	38344
criteria and procedures for prior approval of renovation projects.	38345
No provider shall separate a project with the intent to evade the	38346
characterization of the project as a renovation or as an extensive	38347
renovation. No provider shall increase the scope of a project	38348
after it is approved by the department of job and family services	38349
unless the increase in scope is approved by the department.	38350

(E) The amounts specified in divisions (C) and (D) of this	38351
section shall be adjusted beginning July 1, 1993, for the	38352
estimated inflation for the twelve-month period beginning on the	38353
first day of July of the calendar year preceding the calendar year	38354
that precedes the fiscal year for which rate will be paid and	38355
ending on the thirtieth day of the following June, using the	38356
consumer price index for shelter costs for all urban consumers for	38357
the north central region, as published by the United States bureau	38358
of labor statistics.	38359

(F)(1) For facilities of eight or fewer beds that have dates	38360
of licensure or have been granted project authorization by the	38361
department of mental retardation and developmental disabilities	38362
before July 1, 1993, and for facilities of eight or fewer beds	38363
that have dates of licensure or have been granted project	38364
authorization after that date if the facilities demonstrate that	38365
they made substantial commitments of funds on or before that date,	38366
cost of ownership shall not exceed eighteen dollars and thirty	38367
cents per resident per day. The eighteen-dollar and thirty-cent	38368
amount shall be increased by the change in the "Dodge building	38369
cost indexes, northeastern and north central states," published by	38370
Marshall and Swift, during the period beginning June 30, 1990, and	38371
ending July 1, 1993, and by the change in the consumer price index	38372
for shelter costs for all urban consumers for the north central	38373
region, as published by the United States bureau of labor	38374
statistics, annually thereafter.	38375

(2) For facilities with eight or fewer beds that have dates	38376
of licensure or have been granted project authorization by the	38377
department of mental retardation and developmental disabilities on	38378
or after July 1, 1993, for which substantial commitments of funds	38379
were not made before that date, cost of ownership payments shall	38380
not exceed the applicable amount calculated under division (F)(1)	38381
of this section, if the department of job and family services	38382
gives prior approval for construction of the facility. If the	38383
department does not give prior approval, cost of ownership	38384
payments shall not exceed the amount specified in division (C) of	38385
this section.	38386

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	38387
section, the total payment for cost of ownership, cost of	38388
ownership efficiency incentive, and capitalized costs of	38389
renovations for an intermediate care facility for the mentally	38390
retarded with eight or fewer beds shall not exceed the sum of the	38391
limitations specified in divisions (C) and (D) of this section.	38392

(G) Notwithstanding any provision of this section or section	38393
5111.24 of the Revised Code, the director of job and family	38394
services may adopt rules in accordance with Chapter 119. of the	38395
Revised Code that provide for a calculation of a combined maximum	38396
payment limit for indirect care costs and cost of ownership for	38397
intermediate care facilities for the mentally retarded with eight	38398
or fewer beds.	38399

(H) After June 30, 1980, the owner of an intermediate care	38400
facility for the mentally retarded operating under a provider	38401
agreement shall provide written notice to the department of job	38402
and family services at least forty-five days prior to entering	38403
into any contract of sale for the facility or voluntarily	38404
terminating participation in the medical assistance program. After	38405
the date on which a transaction of sale is closed, the owner shall	38406
refund to the department the amount of excess depreciation paid to	38407
the facility by the department for each year the owner has	38408
operated the facility under a provider agreement and prorated	38409
according to the number of medicaid patient days for which the	38410
facility has received payment. If an intermediate care facility	38411
for the mentally retarded is sold after five or fewer years of	38412
operation under a provider agreement, the refund to the department	38413
shall be equal to the excess depreciation paid to the facility. If	38414
an intermediate care facility for the mentally retarded is sold	38415
after more than five years but less than ten years of operation	38416
under a provider agreement, the refund to the department shall	38417
equal the excess depreciation paid to the facility multiplied by	38418
twenty per cent, multiplied by the number of years less than ten	38419
that a facility was operated under a provider agreement. If an	38420
intermediate care facility for the mentally retarded is sold after	38421
ten or more years of operation under a provider agreement, the	38422
owner shall not refund any excess depreciation to the department.	38423
For the purposes of this division, "depreciation paid to the	38424
facility" means the amount paid to the intermediate care facility	38425
for the mentally retarded for cost of ownership pursuant to this	38426
section less any amount paid for interest costs. For the purposes	38427
of this division, "excess depreciation" is the intermediate care	38428
facility for the mentally retarded's depreciated basis, which is	38429
the owner's cost less accumulated depreciation, subtracted from	38430
the purchase price but not exceeding the amount of depreciation	38431
paid to the facility.	38432

A cost report shall be filed with the department within	38433
ninety days after the date on which the transaction of sale is	38434
closed or participation is voluntarily terminated for an	38435
intermediate care facility for the mentally retarded subject to	38436
this division. The report shall show the accumulated	38437
depreciation, the sales price, and other information required by	38438
the department. The department shall provide for a bank, trust	38439
company, or savings and loan association to hold in escrow the	38440
amount of the last two monthly payments to an intermediate care	38441
facility for the mentally retarded made pursuant to division	38442
(A)(1) of section 5111.22 of the Revised Code before a sale or	38443
voluntary termination of participation ~~shall be held in escrow by~~	38444
~~a bank, trust company, or savings and loan association, except~~	38445
~~that if~~ or, if the owner fails, within the time required by this	38446
division, to notify the department before entering into a contract	38447
of sale for the facility, the amount of the first two monthly	38448
payments made to the facility after the department learns of the	38449
contract, regardless of whether a new owner is in possession of	38450
the facility. If the amount the owner will be required to refund	38451
under this section is likely to be less than the amount of the	38452
~~last~~ two monthly payments otherwise put into escrow under this	38453
division, the department shall take one of the following actions	38454
instead of withholding the amount of the ~~last~~ two monthly	38455
payments:	38456

(1) In the case of an owner that owns other facilities that	38457
participate in the medical assistance program, obtain a promissory	38458
note in an amount sufficient to cover the amount likely to be	38459
refunded;	38460

(2) In the case of all other owners, withhold the amount of	38461
the last monthly payment to the intermediate care facility for the	38462
mentally retarded or, if the owner fails, within the time required	38463
by this division, to notify the department before entering into a	38464
contract of sale for the facility, the amount of the first monthly	38465
payment made to the facility after the department learns of the	38466
contract, regardless of whether a new owner is in possession of	38467
the facility.	38468

The department shall, within ninety days following the filing	38469
of the cost report, audit the report and issue an audit report to	38470
the owner. The department also may audit any other cost reports	38471
for the facility that have been filed during the previous three	38472
years. In the audit report, the department shall state its	38473
findings and the amount of any money owed to the department by the	38474
intermediate care facility for the mentally retarded. The	38475
findings shall be subject to an adjudication conducted in	38476
accordance with Chapter 119. of the Revised Code. No later than	38477
fifteen days after the owner agrees to a settlement, any funds	38478
held in escrow less any amounts due to the department shall be	38479
released to the owner and amounts due to the department shall be	38480
paid to the department. If the amounts in escrow are less than	38481
the amounts due to the department, the balance shall be paid to	38482
the department within fifteen days after the owner agrees to a	38483
settlement. If the department does not issue its audit report	38484
within the ninety-day period, the department shall release any	38485
money held in escrow to the owner. For the purposes of this	38486
section, a transfer of corporate stock, the merger of one	38487
corporation into another, or a consolidation does not constitute a	38488
sale.	38489

If an intermediate care facility for the mentally retarded is	38490
not sold or its participation is not terminated after notice is	38491
provided to the department under this division, the department	38492
shall order any payments held in escrow released to the facility	38493
upon receiving written notice from the owner that there will be no	38494
sale or termination of participation. After written notice is	38495
received from an intermediate care facility for the mentally	38496
retarded that a sale or termination of participation will not take	38497
place, the facility shall provide notice to the department at	38498
least forty-five days prior to entering into any contract of sale	38499
or terminating participation at any future time.	38500

(I) The department of job and family services shall pay each	38501
eligible proprietary intermediate care facility for the mentally	38502
retarded a return on the facility's net equity computed at the	38503
rate of one and one-half times the average of interest rates on	38504
special issues of public debt obligations issued to the federal	38505
hospital insurance trust fund for the cost reporting period. No	38506
facility's return on net equity paid under this division shall	38507
exceed one dollar per patient day.	38508

In calculating the rate for return on net equity, the	38509
department shall use the greater of the facility's inpatient days	38510
during the applicable cost reporting period or the number of	38511
inpatient days the facility would have had during that period if	38512
its occupancy rate had been ninety-five per cent.	38513

(J)(1) Except as provided in division (J)(2) of this	38514
section, if a provider leases or transfers an interest in a	38515
facility to another provider who is a related party, the related	38516
party's allowable cost of ownership shall include the lesser of	38517
the following:	38518

(a) The annual lease expense or actual cost of ownership,	38519
whichever is applicable;	38520

(b) The reasonable cost to the lessor or provider making the	38521
transfer.	38522

(2) If a provider leases or transfers an interest in a	38523
facility to another provider who is a related party, regardless of	38524
the date of the lease or transfer, the related party's allowable	38525
cost of ownership shall include the annual lease expense or actual	38526
cost of ownership, whichever is applicable, subject to the	38527
limitations specified in divisions (B) to (I) of this section, if	38528
all of the following conditions are met:	38529

(a) The related party is a relative of owner;

38530

(b) In the case of a lease, if the lessor retains any	38531
ownership interest, it is, except as provided in division	38532
(J)(2)(d)(ii) of this section, in only the real property and any	38533
improvements on the real property;	38534

(c) In the case of a transfer, the provider making the	38535
transfer retains, except as provided in division (J)(2)(d)(iv) of	38536
this section, no ownership interest in the facility;	38537

(d) The department of job and family services determines	38538
that the lease or transfer is an arm's length transaction pursuant	38539
to rules the department shall adopt in accordance with Chapter	38540
119. of the Revised Code no later than December 31, 2000. The	38541
rules shall provide that a lease or transfer is an arm's length	38542
transaction if all of the following, as applicable, apply:	38543

(i) In the case of a lease, once the lease goes into effect,	38544
the lessor has no direct or indirect interest in the lessee or,	38545
except as provided in division (J)(2)(b) of this section, the	38546
facility itself, including interest as an owner, officer,	38547
director, employee, independent contractor, or consultant, but	38548
excluding interest as a lessor.	38549

(ii) In the case of a lease, the lessor does not reacquire	38550
an interest in the facility except through the exercise of a	38551
lessor's rights in the event of a default. If the lessor	38552
reacquires an interest in the facility in this manner, the	38553
department shall treat the facility as if the lease never occurred	38554
when the department calculates its reimbursement rates for capital	38555
costs.	38556

(iii) In the case of a transfer, once the transfer goes into	38557
effect, the provider that made the transfer has no direct or	38558
indirect interest in the provider that acquires the facility or	38559
the facility itself, including interest as an owner, officer,	38560
director, employee, independent contractor, or consultant, but	38561
excluding interest as a creditor.	38562

(iv) In the case of a transfer, the provider that made the	38563
transfer does not reacquire an interest in the facility except	38564
through the exercise of a creditor's rights in the event of a	38565
default. If the provider reacquires an interest in the facility	38566
in this manner, the department shall treat the facility as if the	38567
transfer never occurred when the department calculates its	38568
reimbursement rates for capital costs.	38569

(v) The lease or transfer satisfies any other criteria	38570
specified in the rules.	38571

(e) Except in the case of hardship caused by a catastrophic	38572
event, as determined by the department, or in the case of a lessor	38573
or provider making the transfer who is at least sixty-five years	38574
of age, not less than twenty years have elapsed since, for the	38575
same facility, allowable cost of ownership was determined most	38576
recently under this division.	38577

Sec. 5111.262. ~~Costs~~ For costs incurred during calendar year	38578
2000 and thereafter, costs reported in nursing facilities' cost	38579
reports for purchased nursing services shall be allowable direct	38580
care costs up to ~~the following amounts:~~	38581

~~(A) For costs incurred during calendar year 1992, twenty per~~	38582
~~cent of the nursing facility's direct care costs specified in the~~	38583
~~cost report for services provided that year by registered nurses,~~	38584
~~licensed practical nurses, and nurse aides who are employees of~~	38585
~~the facility, plus one-half of the amount by which the reported~~	38586
~~costs for purchased nursing services exceed that percentage;~~	38587

~~(B) For costs incurred during calendar year 1993, fifteen~~	38588
~~per cent of the nursing facility's costs specified in the cost~~	38589
~~report for services provided that year by registered nurses,~~	38590
~~licensed practical nurses, and nurse aides who are employees of~~	38591
~~the facility, plus one-half of the amount by which the reported~~	38592
~~costs for purchased nursing services exceed that percentage;~~	38593

~~(C) For costs incurred during calendar year 1994 and each~~	38594
~~calendar year thereafter, ten~~ twenty per cent of the nursing	38595
facility's costs specified in the cost report for services	38596
provided that year by registered nurses, licensed practical	38597
nurses, and nurse aides who are employees of the facility, plus	38598
one-half of the amount by which the reported costs for purchased	38599
nursing services exceed that percentage.	38600

Sec. 5111.28. (A) If a provider properly amends its cost	38601
report under section 5111.27 of the Revised Code and the amended	38602
report shows that the provider received a lower rate under the	38603
original cost report than it was entitled to receive, the	38604
department shall adjust the provider's rate prospectively to	38605
reflect the corrected information. The department shall pay the	38606
adjusted rate beginning two months after the first day of the	38607
month after the provider files the amended cost report. If the	38608
department finds, from an exception review of resident assessment	38609
information conducted after the effective date of the rate for	38610
direct care costs that is based on the assessment information,	38611
that inaccurate assessment information resulted in the provider	38612
receiving a lower rate than it was entitled to receive, the	38613
department prospectively shall adjust the provider's rate	38614
accordingly and shall make payments using the adjusted rate for	38615
the remainder of the calendar quarter for which the assessment	38616
information is used to determine the rate, beginning one month	38617
after the first day of the month after the exception review is	38618
completed.	38619

(B) If the provider properly amends its cost report under	38620
section 5111.27 of the Revised Code, the department makes a	38621
finding based on an audit under that section, or the department	38622
makes a finding based on an exception review of resident	38623
assessment information conducted under that section after the	38624
effective date of the rate for direct care costs that is based on	38625
the assessment information, any of which results in a	38626
determination that the provider has received a higher rate than it	38627
was entitled to receive, the department shall recalculate the	38628
provider's rate using the revised information. The department	38629
shall apply the recalculated rate to the periods when the provider	38630
received the incorrect rate to determine the amount of the	38631
overpayment. The provider shall refund the amount of the	38632
overpayment.	38633

In addition to requiring a refund under this division, the	38634
department may charge the provider interest at the applicable rate	38635
specified in this division from the time the overpayment was made.	38636

(1) If the overpayment resulted from costs reported for	38637
calendar year 1993, the interest shall be no greater than one and	38638
one-half times the average bank prime rate.	38639

(2) If the overpayment resulted from costs reported for	38640
subsequent calendar years:	38641

(a) The interest shall be no greater than two times the	38642
average bank prime rate if the overpayment was equal to or less	38643
than one per cent of the total medicaid payments to the provider	38644
for the fiscal year for which the incorrect information was used	38645
to establish a rate.	38646

(b) The interest shall be no greater than two and one-half	38647
times the current average bank prime rate if the overpayment was	38648
greater than one per cent of the total medicaid payments to the	38649
provider for the fiscal year for which the incorrect information	38650
was used to establish a rate.	38651

~~(3) The department shall determine the average bank prime~~	38652
~~rate using statistical release H.15, "selected interest rates," a~~	38653
~~weekly publication of the federal reserve board, or any successor~~	38654
~~publication. If statistical release H.15, or its successor,~~	38655
~~ceases to contain the bank prime rate information or ceases to be~~	38656
~~published, the department shall request a written statement of the~~	38657
~~average bank prime rate from the federal reserve bank of Cleveland~~	38658
~~or the federal reserve board.~~	38659

38660

(1) If a provider does not furnish invoices or other	38661
documentation that the department requests during an audit within	38662
sixty days after the request, no more than the greater of one	38663
thousand dollars per audit or twenty-five per cent of the	38664
cumulative amount by which the costs for which documentation was	38665
not furnished increased the total medicaid payments to the	38666
provider during the fiscal year for which the costs were used to	38667
establish a rate;	38668

(2) If an owner fails to provide notice of sale of the	38669
facility or voluntary termination of participation in the medical	38670
assistance program, as required by section 5111.25 or 5111.251 of	38671
the Revised Code, no more than ~~two~~ the current average bank prime	38672
rate plus four per cent of the last two monthly payments.	38673

(D) If the provider continues to participate in the medical	38674
assistance program, the department shall deduct any amount that	38675
the provider is required to refund under this section, and the	38676
amount of any interest charged or penalty imposed under this	38677
section, from the next available payment from the department to	38678
the provider. The department and the provider may enter into an	38679
agreement under which the amount, together with interest, is	38680
deducted in installments from payments from the department to the	38681
provider.	38682

(E) The department shall transmit refunds and penalties to	38683
the treasurer of state for deposit in the general revenue fund.	38684

(F) For the purpose of this section, the department shall	38685
determine the average bank prime rate using statistical release	38686
H.15, "selected interest rates," a weekly publication of the	38687
federal reserve board, or any successor publication. If	38688
statistical release H.15, or its successor, ceases to contain the	38689
bank prime rate information or ceases to be published, the	38690
department shall request a written statement of the average bank	38691
prime rate from the federal reserve bank of Cleveland or the	38692
federal reserve board.	38693

Sec. 5111.29. (A) The director of job and family services	38694
shall adopt rules in accordance with Chapter 119. of the Revised	38695
Code that establish a process under which a nursing facility or	38696
intermediate care facility for the mentally retarded, or a group	38697
or association of facilities, may seek reconsideration of rates	38698
established under sections 5111.23 to 5111.28 of the Revised Code,	38699
including a rate for direct care costs recalculated before the	38700
effective date of the rate as a result of an exception review of	38701
resident assessment information conducted under section 5111.27 of	38702
the Revised Code.	38703

(1) Except as provided in divisions (A)(2) to (4) of this	38704
section, the only issue that a facility, group, or association may	38705
raise in the rate reconsideration shall be whether the rate was	38706
calculated in accordance with sections 5111.23 to 5111.28 of the	38707
Revised Code and the rules adopted under those sections. The	38708
rules shall permit a facility, group, or association to submit	38709
written arguments or other materials that support its position.	38710
The rules shall specify time frames within which the facility,	38711
group, or association and the department must act. If the	38712
department determines, as a result of the rate reconsideration,	38713
that the rate established for one or more facilities is less than	38714
the rate to which it is entitled, the department shall increase	38715
the rate. If the department has paid the incorrect rate for a	38716
period of time, the department shall pay the facility the	38717
difference between the amount it was paid for that period and the	38718
amount it should have been paid.	38719

(2) The rules shall provide that during a fiscal year, the	38720
department, by means of the rate reconsideration process, may	38721
increase a facility's rate as calculated under sections 5111.23 to	38722
5111.28 of the Revised Code if the facility demonstrates that its	38723
actual, allowable costs have increased because of extreme	38724
circumstances. A facility may qualify for a rate increase only if	38725
its per diem, actual, allowable costs have increased to a level	38726
that exceeds its total rate, including any efficiency incentive	38727
and return on equity payment. The rules shall specify the	38728
circumstances that would justify a rate increase under division	38729
(A)(2) of this section. ~~The~~ In the case of nursing facilities, the	38730
rules shall provide that the extreme circumstances include	38731
increased security costs for an inner-city nursing facility and an	38732
increase in workers' compensation experience rating of greater	38733
than five per cent for a facility that has an appropriate claims	38734
management program but do not include a change of ownership that	38735
results from bankruptcy, foreclosure, or findings of violations of	38736
certification requirements by the department of health. In the	38737
case of intermediate care facilities for the mentally retarded,	38738
the rules shall provide that the extreme circumstances include,	38739
but are not limited to, renovations approved under division (D) of	38740
section 5111.251 of the Revised Code, an increase in workers'	38741
compensation experience rating of greater than five per cent for a	38742
facility that has an appropriate claims management program,	38743
increased security costs for an inner-city facility, and a change	38744
of ownership that results from bankruptcy, foreclosure, or	38745
findings of violations of certification requirements by the	38746
department of health. An increase under division (A)(2) of this	38747
section is subject to any rate limitations or maximum rates	38748
established by sections 5111.23 to 5111.28 of the Revised Code for	38749
specific cost centers. Any rate increase granted under division	38750
(A)(2) of this section shall take effect on the first day of the	38751
first month after the department receives the request.	38752

(3) The rules shall provide that the department, through the	38753
rate reconsideration process, may increase a facility's rate as	38754
calculated under sections 5111.23 to 5111.28 of the Revised Code	38755
if the department, in its sole discretion, determines that the	38756
rate as calculated under those sections works an extreme hardship	38757
on the facility.	38758

(4) The rules shall provide that when beds certified for the	38759
medical assistance program are added to an existing facility,	38760
replaced at the same site, or subject to a change of ownership or	38761
lease, the department, through the rate reconsideration process,	38762
shall increase the facility's rate for capital costs	38763
proportionately, as limited by any applicable limitation under	38764
section 5111.25 or 5111.251 of the Revised Code, to account for	38765
the costs of the beds that are added, replaced, or subject to a	38766
change of ownership or lease. The department shall make this	38767
increase one month after the first day of the month after the	38768
department receives sufficient documentation of the costs. Any	38769
rate increase granted under division (A)(4) of this section after	38770
June 30, 1993, shall remain in effect until the effective date of	38771
a rate calculated under section 5111.25 or 5111.251 of the Revised	38772
Code that includes costs incurred for a full calendar year for the	38773
bed addition, bed replacement, or change of ownership or lease.	38774
The facility shall report double accumulated depreciation in an	38775
amount equal to the depreciation included in the rate adjustment	38776
on its cost report for the first year of operation. During the	38777
term of any loan used to finance a project for which a rate	38778
adjustment is granted under division (A)(4) of this section, if	38779
the facility is operated by the same provider, the facility shall	38780
subtract from the interest costs it reports on its cost report an	38781
amount equal to the difference between the following:	38782

(a) The actual, allowable interest costs for the loan during	38783
the calendar year for which the costs are being reported;	38784

(b) The actual, allowable interest costs attributable to the	38785
loan that were used to calculate the rates paid to the facility	38786
during the same calendar year.	38787

(5) The department's decision at the conclusion of the	38788
reconsideration process shall not be subject to any administrative	38789
proceedings under Chapter 119. or any other provision of the	38790
Revised Code.	38791

(B) Any audit disallowance that the department makes as the	38792
result of an audit under section 5111.27 of the Revised Code, any	38793
adverse finding that results from an exception review of resident	38794
assessment information conducted under that section after the	38795
effective date of the facility's rate that is based on the	38796
assessment information, and any penalty the department imposes	38797
under division (C) of section 5111.28 of the Revised Code shall be	38798
subject to an adjudication conducted in accordance with Chapter	38799
119. of the Revised Code.	38800

Sec. 5111.34. (A) There is hereby created the nursing	38801
facility reimbursement study council consisting of the following	38802
thirteen members:	38803

(1) The director of job and family services;

38804

(2) The director of health;

38805

(3) The director of aging;

38806

(4) Two members of the house of representatives, appointed	38807
by the speaker of the house of representatives;	38808

(5) Two members of the senate, appointed by the president of	38809
the senate;	38810

(6) Two representatives of each of the following	38811
organizations, appointed by their respective governing bodies:	38812

(a) The Ohio academy of nursing homes;

38813

(b) The association of Ohio philanthropic homes and housing	38814
for the aging;	38815

38816

Initial appointments of members described in divisions	38817
(A)(4), (5), and (6) of this section shall be made no later than	38818
ninety days after the effective date of this section. Vacancies	38819
in any of those appointments shall be filled in the same manner as	38820
original appointments. The members described in divisions	38821
(A)(4), (5), and (6) of this section shall serve at the pleasure	38822
of the official or governing body appointing the member. The	38823
members described in divisions (A)(1), (2), and (3) of this	38824
section shall serve for as long as they hold the position that	38825
qualifies them for membership on the council. The speaker of the	38826
house of representatives and the president of the senate jointly	38827
shall appoint the chairperson of the council. Members of the	38828
council shall serve without compensation.	38829

(B) The council shall review, on an ongoing basis, the	38830
system established by sections 5111.20 to 5111.32 of the Revised	38831
Code for reimbursing nursing facilities under the medical	38832
assistance program. The council shall recommend any changes it	38833
determines are necessary. The council periodically shall report	38834
its activities, findings, and recommendations to the governor, the	38835
speaker of the house of representatives, and the president of the	38836
senate.	38837

Sec. 5111.63. For the purposes of this section, "facility,"	38838
"medicare," and "medicaid" have the same meanings as in section	38839
3721.10 of the Revised Code.	38840

The department of health shall be the designee of the	38841
department of job and family services for the purpose of	38842
conducting a hearing pursuant to section 3721.162 of the Revised	38843
Code concerning a facility's decision to transfer or discharge a	38844
resident if the resident is a medicaid recipient or medicare	38845
beneficiary.	38846

Sec. 5111.85. (A) As used in this section, "medicaid	38847
waiver component" means a component of the medicaid program	38848
authorized by a waiver granted by the United States department of	38849
health and human services under section 1115 or 1915 of the	38850
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or	38851
1396n. "Medicaid waiver component" does not include a managed care	38852
system established under section 5111.17 of the Revised Code.	38853

(B) The director of job and family services may adopt	38854
rules under Chapter 119. of the Revised Code governing medicaid	38855
waiver components that establish all of the following:	38856

(1) Eligibility requirements for the medicaid waiver	38857
components;	38858

(2) The type, amount, duration, and scope of services the	38859
medicaid waiver components provide;	38860

(3) The conditions under which the medicaid waiver	38861
components cover services;	38862

(4) The amount the medicaid waiver components pay for	38863
services or the method by which the amount is determined;	38864

(5) The manner in which the medicaid waiver components pay	38865
for services;	38866

(6) Safeguards for the health and welfare of medicaid	38867
recipients receiving services under a medicaid waiver component;	38868

(7) Procedures for enforcing the rules, including	38869
establishing corrective action plans for, and imposing financial	38870
and administrative sanctions on, persons and government entities	38871
that violate the rules. Sanctions shall include terminating	38872
medicaid provider agreements. The procedures shall include due	38873
process protections.	38874

(8) Other policies necessary for the efficient	38875
administration of the medicaid waiver components.	38876

(C) The director of job and family services may adopt	38877
different rules for the different medicaid waiver components. The	38878
rules shall be consistent with the terms of the waiver authorizing	38879
the medicaid waiver component.	38880

(D) The director of job and family services may conduct	38881
reviews of the medicaid waiver components. The reviews may	38882
include physical inspections of records and sites where services	38883
are provided under the medicaid waiver components and interviews	38884
of providers and recipients of the services. If the director	38885
determines pursuant to a review that a person or government entity	38886
has violated a rule governing a medicaid waiver component, the	38887
director may establish a corrective action plan for the violator	38888
and impose fiscal, administrative, or both types of sanctions on	38889
the violator in accordance with rules adopted under division (B)	38890
of this section.	38891

Sec. 5111.86. The department of job and family services may	38892
enter into interagency agreements with one or more other state	38893
agencies to have the state agency administer one or more	38894
components of the medicaid program, or one or more aspects of a	38895
component, under the department's supervision. A state agency	38896
that enters into such an interagency agreement shall comply with	38897
any rules the director of job and family services has adopted	38898
governing the component, or aspect of the component, that the	38899
state agency is to administer, including any rules establishing	38900
review, audit, and corrective action plan requirements.	38901

A state agency that enters into an interagency agreement with	38902
the department under this section shall reimburse the department	38903
for the nonfederal share of the cost to the department of	38904
performing, or contracting for the performance of, a fiscal audit	38905
of the component of the medicaid program, or aspect of the	38906
component, that the state agency administers if rules governing	38907
the component, or aspect of the component, require that a fiscal	38908
audit be conducted.	38909

There is hereby created in the state treasury the medicaid	38910
administrative reimbursement fund. The department shall use money	38911
in the fund to pay for the nonfederal share of the cost of a	38912
fiscal audit for which a state agency is required by this section	38913
to reimburse the department. The department shall deposit the	38914
reimbursements into the fund.	38915

Sec. 5111.87. As used in this section and section 5111.871 of	38916
the Revised Code, "intermediate care facility for the mentally	38917
retarded" has the same meaning as in section 5111.20 of the	38918
Revised Code.	38919

The director of job and family services may apply to the	38920
United States secretary of health and human services for one or	38921
more medicaid waivers under which home and community-based	38922
services are provided to individuals with mental retardation or	38923
other developmental disability as an alternative to placement in	38924
an intermediate care facility for the mentally retarded. Before	38925
the director applies for a waiver under this section, the director	38926
shall seek, accept, and consider public comments.	38927

~~Sec. 5111.87.~~ Sec. . Sec. 5111.871. The department of job and family	38928
services shall enter into an interagency agreement with the	38929
department of mental retardation and developmental disabilities	38930
under section 5111.86 of the Revised Code with regard to the	38931
component of the medicaid program established by the department of	38932
job and family services under ~~a waiver~~ one or more waivers from	38933
the United States secretary of health and human services pursuant	38934
to section 1915 of the "Social Security Act," 49 Stat. 620 (1935),	38935
42 U.S.C.A. 1396n, as amended, to provide eligible ~~medical~~	38936
~~assistance~~ medicaid recipients with home or and community-based	38937
services as an alternative to placement in an intermediate care	38938
facility for the mentally retarded ~~as defined in section 5111.20~~	38939
~~of the Revised Code~~. The agreement shall provide for the	38940
department of mental retardation and developmental disabilities to	38941
administer the ~~program~~ component in accordance with the terms of	38942
the waiver. The ~~departments~~ directors of job and family services	38943
and mental retardation and developmental disabilities shall adopt	38944
rules in accordance with Chapter 119. of the Revised Code	38945
governing the ~~program~~ component.	38946

If the department of mental retardation and developmental	38947
disabilities or the department of job and family services denies	38948
an individual's application for home and community-based services	38949
provided under this medicaid component, the department that denied	38950
the services shall give timely notice to the individual that the	38951
individual may request a hearing under section 5101.35 of the	38952
Revised Code.	38953

The departments of mental retardation and developmental	38954
disabilities and job and family services may approve, reduce,	38955
deny, or terminate a service included in the individualized	38956
service plan developed for a medicaid recipient eligible for home	38957
and community-based services provided under this medicaid	38958
component. The departments shall consider the recommendations a	38959
county board of mental retardation and developmental disabilities	38960
makes under division (A)(1)(c) of section 5126.055 of the Revised	38961
Code. If either department approves, reduces, denies, or	38962
terminates a service, that department shall give timely notice to	38963
the medicaid recipient that the recipient may request a hearing	38964
under section 5101.35 of the Revised Code.	38965

If supported living or residential services, as defined in	38966
section 5126.01 of the Revised Code, are to be provided under this	38967
component, any person or government entity with a current, valid	38968
medicaid provider agreement and a current, valid license under	38969
section 5123.19 or certificate under section 5123.045 or 5126.431	38970
of the Revised Code, as appropriate, may provide the services.	38971

Sec. 5111.872. When the department of mental retardation and	38972
developmental disabilities allocates enrollment numbers to a	38973
county board of mental retardation and developmental disabilities	38974
for home and community-based services provided under the component	38975
of the medicaid program that the department administers under	38976
section 5111.871 of the Revised Code, the department shall	38977
consider all of the following:	38978

(A) The number of individuals with mental retardation or	38979
other developmental disability who are on a waiting list the	38980
county board establishes under division (C) of section 5126.042 of	38981
the Revised Code for those services and are given priority on the	38982
waiting list pursuant to division (D) of that section;	38983

(B) The implementation component required by division	38984
(A)(3) of section 5126.054 of the Revised Code of the county	38985
board's plan approved under section 5123.046 of the Revised Code;	38986

(C) Anything else the department considers necessary to	38987
enable county boards to provide those services to individuals in	38988
accordance with the priority requirements of division (D) of	38989
section 5126.042 of the Revised Code.	38990

Sec. 5111.873. (A) Not later than the effective date of the	38991
first of any medicaid waivers the United States secretary of	38992
health and human services grants pursuant to a request made under	38993
section 5111.87 of the Revised Code, the director of job and	38994
family services shall adopt rules in accordance with Chapter 119.	38995
of the Revised Code establishing statewide fee schedules for home	38996
and community-based services provided under the component of the	38997
medicaid program that the department of mental retardation and	38998
developmental disabilities administers under section 5111.871 of	38999
the Revised Code. The rules shall provide for all of the	39000
following:	39001

(1) The department of mental retardation and developmental	39002
disabilities arranging for the initial and ongoing collection of	39003
cost information from a comprehensive, statistically valid sample	39004
of persons and government entities providing the services at the	39005
time the information is obtained;	39006

(2) The collection of consumer-specific information through	39007
an assessment instrument the department of mental retardation and	39008
developmental disabilities shall provide to the department of job	39009
and family services;	39010

(3) With the information collected pursuant to divisions	39011
(A)(1) and (2) of this section, an analysis of that information,	39012
and other information the director determines relevant, methods	39013
and standards for calculating the fee schedules that do all of the	39014
following:	39015

(a) Assure that the fees are consistent with	39016
efficiency, economy, and quality of care;	39017

(b) Consider the intensity of consumer resource need;

39018

(c) Recognize variations in different geographic areas	39019
regarding the resources necessary to assure the health and welfare	39020
of consumers;	39021

(d) Recognize variations in environmental supports available	39022
to consumers.	39023

(B) As part of the process of adopting rules under this	39024
section, the director shall consult with the director of mental	39025
retardation and developmental disabilities, representatives of	39026
county boards of mental retardation and developmental	39027
disabilities, persons who provide the home and community-based	39028
services, and other persons and government entities the director	39029
identifies.	39030

(C) The directors of job and family services and mental	39031
retardation and developmental disabilities shall review the rules	39032
adopted under this section at times they determine to ensure that	39033
the methods and standards established by the rules for calculating	39034
the fee schedules continue to do everything that division (A)(3)	39035
of this section requires.	39036

Sec. 5119.01. The director of mental health is the chief	39037
executive and administrative officer of the department of mental	39038
health. The director may establish procedures for the governance	39039
of the department, conduct of its employees and officers,	39040
performance of its business, and custody, use, and preservation of	39041
departmental records, papers, books, documents, and property.	39042
Whenever the Revised Code imposes a duty upon or requires an	39043
action of the department or any of its institutions, the director	39044
shall perform the action or duty in the name of the department,	39045
except that the medical director appointed pursuant to section	39046
5119.07 of the Revised Code shall be responsible for decisions	39047
relating to medical diagnosis, treatment, rehabilitation, quality	39048
assurance, and the clinical aspects of the following: licensure	39049
of hospitals and residential facilities, research, community	39050
mental health plans, and delivery of mental health services.	39051

The director shall:

39052

(A) Adopt rules for the proper execution of the powers and	39053
duties of the department with respect to the institutions under	39054
its control, and require the performance of additional duties by	39055
the officers of the institutions as necessary to fully meet the	39056
requirements, intents, and purposes of this chapter. In case of	39057
an apparent conflict between the powers conferred upon any	39058
managing officer and those conferred by such sections upon the	39059
department, the presumption shall be conclusive in favor of the	39060
department.	39061

(B) Adopt rules for the nonpartisan management of the	39062
institutions under the department's control. An officer or	39063
employee of the department or any officer or employee of any	39064
institution under its control who, by solicitation or otherwise,	39065
exerts influence directly or indirectly to induce any other	39066
officer or employee of the department or any of its institutions	39067
to adopt the exerting officer's or employee's political views or	39068
to favor any particular person, issue, or candidate for office	39069
shall be removed from the exerting officer's or employee's office	39070
or position, by the department in case of an officer or employee,	39071
and by the governor in case of the director.	39072

(C) Appoint such employees, including the medical director,	39073
as are necessary for the efficient conduct of the department, and	39074
prescribe their titles and duties;	39075

(D) Prescribe the forms of affidavits, applications, medical	39076
certificates, orders of hospitalization and release, and all other	39077
forms, reports, and records that are required in the	39078
hospitalization or admission and release of all persons to the	39079
institutions under the control of the department, or are otherwise	39080
required under this chapter or Chapter 5122. of the Revised Code;	39081

(E) Contract with hospitals licensed by the department under	39082
section 5119.20 of the Revised Code for the care and treatment of	39083
mentally ill patients, or with persons, organizations, or agencies	39084
for the custody, supervision, care, or treatment of mentally ill	39085
persons receiving services elsewhere than within the enclosure of	39086
a hospital operated under section 5119.02 of the Revised Code;	39087

(F) Exercise the powers and perform the duties relating to	39088
community mental health facilities and services that are assigned	39089
to the director under this chapter and Chapter 340. of the Revised	39090
Code;	39091

(G) ~~Adopt rules under Chapter 119. of the Revised Code for~~	39092
~~the establishment of minimum standards, including standards for~~	39093
~~use of seclusion and restraint, of mental health services that are~~	39094
~~not inconsistent with nationally recognized applicable standards~~	39095
~~and that facilitate participation in federal assistance programs;~~	39096

~~(H)~~ Develop and implement clinical evaluation and monitoring	39097
of services that are operated by the department;	39098

~~(I)~~(H) At the director's discretion, adopt rules	39099
establishing standards for the adequacy of services provided by	39100
community mental health facilities, and certify the compliance of	39101
such facilities with the standards for the purpose of authorizing	39102
their participation in the health care plans of health insuring	39103
corporations under Chapter 1751. and sickness and accident	39104
insurance policies issued under Chapter 3923. of the Revised	39105
Code;. The director shall cease to certify such compliance two	39106
years after the effective date of this amendment. The director	39107
shall rescind the rules after the date the director ceases to	39108
certify such compliance.	39109

~~(J)~~(I) Adopt rules establishing standards for the	39110
performance of evaluations by a forensic center or other	39111
psychiatric program or facility of the mental condition of	39112
defendants ordered by the court under section 2919.271, or	39113
2945.371 of the Revised Code, and for the treatment of defendants	39114
who have been found incompetent to stand trial and ordered by the	39115
court under section 2945.38, 2945.39, 2945.401, or 2945.402 of the	39116
Revised Code to receive treatment in facilities;	39117

~~(K)~~(J) On behalf of the department, have the authority and	39118
responsibility for entering into contracts and other agreements;	39119

~~(L)~~(K) Prepare and publish regularly a state mental health	39120
plan that describes the department's philosophy, current	39121
activities, and long-term and short-term goals and activities;	39122

~~(M)~~(L) Adopt rules in accordance with Chapter 119. of the	39123
Revised Code specifying the supplemental services that may be	39124
provided through a trust authorized by section 1339.51 of the	39125
Revised Code;	39126

~~(N)~~(M) Adopt rules in accordance with Chapter 119. of the	39127
Revised Code establishing standards for the maintenance and	39128
distribution to a beneficiary of assets of a trust authorized by	39129
section 1339.51 of the Revised Code;	39130

~~(O) As used in division (I) of this section:~~

39131

~~(1) "Community mental health facility" means a facility that~~	39132
~~provides community mental health services and is included in the~~	39133
~~community mental health plan for the alcohol, drug addiction, and~~	39134
~~mental health service district in which it is located.~~	39135

~~(2) "Community mental health service" means services, other~~	39136
~~than inpatient services, provided by a community mental health~~	39137
~~facility~~.	39138

Sec. 5119.06. (A) The department of mental health shall:

39139

(1) Establish and support a program at the state level to	39140
promote a community support system in accordance with section	39141
340.03 of the Revised Code to be available for every alcohol, drug	39142
addiction, and mental health service district. The department	39143
shall define the essential elements of a community support system,	39144
shall assist in identifying resources and coordinating the	39145
planning, evaluation, and delivery of services to facilitate the	39146
access of mentally ill people to public services at federal,	39147
state, and local levels, and shall operate inpatient and other	39148
mental health services pursuant to the approved community mental	39149
health plan.	39150

(2) Provide training, consultation, and technical assistance	39151
regarding mental health programs and services and appropriate	39152
prevention and mental health promotion activities, including those	39153
that are culturally sensitive, to employees of the department,	39154
community mental health agencies and boards, and other agencies	39155
providing mental health services;	39156

(3) Promote and support a full range of mental health	39157
services that are available and accessible to all residents of	39158
this state, especially for severely mentally disabled children,	39159
adolescents, and adults, and other special target populations,	39160
including racial and ethnic minorities, as determined by the	39161
department.	39162

(4) Design and set criteria for the determination of severe	39163
mental disability;	39164

(5) Establish ~~criteria~~ standards for evaluation of mental	39165
health programs;	39166

(6) Promote, direct, conduct, and coordinate scientific	39167
research, taking ethnic and racial differences into consideration	39168
concerning the causes and prevention of mental illness, methods of	39169
providing effective services and treatment, and means of enhancing	39170
the mental health of all residents of this state;	39171

(7) Foster the establishment and availability of vocational	39172
rehabilitation services and the creation of employment	39173
opportunities for consumers of mental health services, including	39174
members of racial and ethnic minorities;	39175

(8) Establish a program to protect and promote the rights of	39176
persons receiving mental health services, including the issuance	39177
of guidelines on informed consent and other rights;	39178

(9) Establish, in consultation with board of alcohol, drug	39179
addiction, and mental health services representatives and after	39180
consideration of the recommendations of the medical director,	39181
guidelines for the development of community mental health plans	39182
and the review and approval or disapproval of such plans submitted	39183
pursuant to section 340.03 of the Revised Code;	39184

(10) Promote the involvement of persons who are receiving or	39185
have received mental health services, including families and other	39186
persons having a close relationship to a person receiving mental	39187
health services, in the planning, evaluation, delivery, and	39188
operation of mental health services.	39189

(11) Notify and consult with the relevant constituencies	39190
that may be affected by rules, standards, and guidelines issued by	39191
the department of mental health. These constituencies shall	39192
include consumers of mental health services and their families,	39193
and may include public and private providers, employee	39194
organizations, and others when appropriate. Whenever the	39195
department proposes the adoption, amendment, or rescission of	39196
rules under Chapter 119. of the Revised Code, the notification and	39197
consultation required by this division shall occur prior to the	39198
commencement of proceedings under Chapter 119. The department	39199
shall adopt rules under Chapter 119. of the Revised Code that	39200
establish procedures for the notification and consultation	39201
required by this division.	39202

(12) In cooperation with board of alcohol, drug addiction,	39203
and mental health services representatives, provide training	39204
regarding the provision of community-based mental health services	39205
to those department employees who are utilized in state-operated,	39206
community-based mental health services;	39207

(13) Provide ~~oversight and~~ consultation to the department of	39208
rehabilitation and correction ~~for~~ concerning the delivery of	39209
mental health services in state correctional institutions;	39210

~~(14) Audit mental health programs in state correctional~~	39211
~~institutions operated by the department of rehabilitation and~~	39212
~~correction for compliance with standards that have been jointly~~	39213
~~developed and promulgated by the department of mental health and~~	39214
~~the department of rehabilitation and correction. The standards~~	39215
~~shall include monitoring mechanisms to provide for quality of~~	39216
~~services in these programs.~~	39217

(B) The department of mental health may negotiate and enter	39218
into agreements with other agencies and institutions, both public	39219
and private, for the joint performance of its duties.	39220

Sec. 5119.22. (A)(1) As used in this section:

39221

(a) ~~Mental~~ "Community mental health agency" means a community	39222
mental health agency as defined in division (H) of section 5122.01	39223
of the Revised Code, or, until two years after the effective date	39224
of this amendment, a community mental health facility certified by	39225
the department of mental health pursuant to division ~~(I)~~(H) of	39226
section 5119.01 of the Revised Code.	39227

(b) ~~Mental~~ "Community mental health services" means any of	39228
the services listed in section 340.09 of the Revised Code.	39229

(c) "Personal care services" means services including, but	39230
not limited to, the following:	39231

(i) Assisting residents with activities of daily living;

39232

(ii) Assisting residents with self-administration of	39233
medication in accordance with rules adopted under this section;	39234

(iii) Preparing special diets, other than complex	39235
therapeutic diets, for residents pursuant to the instructions of a	39236
physician or a licensed dietitian, in accordance with rules	39237
adopted under this section.	39238

"Personal care services" does not include "skilled nursing	39239
care" as defined in section 3721.01 of the Revised Code. A	39240
facility need not provide more than one of the services listed in	39241
division (A)(1)(c) of this section to be considered to be	39242
providing personal care services.	39243

(d) "Residential facility" means a publicly or privately	39244
operated home or facility that provides one of the following:	39245

(i) Room and board, personal care services, and community	39246
mental health services to one or more persons with mental illness	39247
or persons with severe mental disabilities who are referred by or	39248
are receiving community mental health services from a community	39249
mental health agency, hospital, or practitioner;	39250

(ii) Room and board and personal care services to one or two	39251
persons with mental illness or persons with severe mental	39252
disabilities who are referred by or are receiving community mental	39253
health services from a community mental health agency, hospital,	39254
or practitioner;	39255

(iii) Room and board to five or more persons with mental	39256
illness or persons with severe mental disabilities who are	39257
referred by or are receiving community mental health services from	39258
a community mental health agency, hospital, or practitioner.	39259

The following are not residential facilities: the residence	39260
of a relative or guardian of a mentally ill individual, a hospital	39261
subject to licensure under section 5119.20 of the Revised Code, a	39262
residential facility as defined in section 5123.19 of the Revised	39263
Code, a facility providing care for a child in the custody of a	39264
public children services agency or a private agency certified	39265
under section 5103.03 of the Revised Code, a foster care facility	39266
subject to section 5103.03 of the Revised Code, an adult care	39267
facility subject to licensure under Chapter 3722. of the Revised	39268
Code, and a nursing home, residential care facility, or home for	39269
the aging subject to licensure under section 3721.02 of the	39270
Revised Code.	39271

(2) Nothing in division (A)(1)(d) of this section shall be	39272
construed to permit personal care services to be imposed on a	39273
resident who is capable of performing the activity in question	39274
without assistance.	39275

(3) Except in the case of a residential facility described	39276
in division (A)(1)(d)(i) of this section, members of the staff of	39277
a residential facility shall not administer medication to	39278
residents, all medication taken by residents of a residential	39279
facility shall be self-administered, and no person shall be	39280
admitted to or retained by a residential facility unless the	39281
person is capable of taking the person's own medication and	39282
biologicals, as determined in writing by the person's personal	39283
physician. Members of the staff of a residential facility may do	39284
any of the following:	39285

(a) Remind a resident when to take medication and watch to	39286
ensure that the resident follows the directions on the container;	39287

(b) Assist a resident in the self-administration of	39288
medication by taking the medication from the locked area where it	39289
is stored, in accordance with rules adopted pursuant to this	39290
section, and handing it to the resident. If the resident is	39291
physically unable to open the container, a staff member may open	39292
the container for the resident.	39293

(c) Assist a physically impaired but mentally alert	39294
resident, such as a resident with arthritis, cerebral palsy, or	39295
Parkinson's disease, in removing oral or topical medication from	39296
containers and in consuming or applying the medication, upon	39297
request by or with the consent of the resident. If a resident is	39298
physically unable to place a dose of medicine to the resident's	39299
mouth without spilling it, a staff member may place the dose in a	39300
container and place the container to the mouth of the resident.	39301

(B) Every person operating or desiring to operate a	39302
residential facility shall apply for licensure of the facility to	39303
the department of mental health and shall send a copy of the	39304
application to the board of alcohol, drug addiction, and mental	39305
health services whose service district includes the county in	39306
which the person operates or desires to operate a residential	39307
facility. The board shall review such applications and recommend	39308
approval or disapproval to the department. Each recommendation	39309
shall be consistent with the board's community mental health plan.	39310

(C) The department of mental health shall inspect and	39311
license the operation of residential facilities. The department	39312
shall consider the past record of the facility and the applicant	39313
or licensee in arriving at its licensure decision. The department	39314
may issue full, probationary, and interim licenses. A full	39315
license shall expire two years after the date of issuance, a	39316
probationary license shall expire in a shorter period of time as	39317
prescribed by rule adopted by the director of mental health	39318
pursuant to Chapter 119. of the Revised Code, and an interim	39319
license shall expire ninety days after the date of issuance. The	39320
department may refuse to issue or renew and may revoke a license	39321
if it finds the facility is not in compliance with rules adopted	39322
by the department pursuant to division (G) of this section or if	39323
any facility operated by the applicant or licensee has had	39324
repeated violations of statutes or rules during the period of	39325
previous licenses. Proceedings initiated to deny applications for	39326
full or probationary licenses or to revoke such licenses are	39327
governed by Chapter 119. of the Revised Code.	39328

(D) The department may issue an interim license to operate a	39329
residential facility if both of the following conditions are met:	39330

(1) The department determines that the closing of or the	39331
need to remove residents from another residential facility has	39332
created an emergency situation requiring immediate removal of	39333
residents and an insufficient number of licensed beds are	39334
available.	39335

(2) The residential facility applying for an interim license	39336
meets standards established for interim licenses in rules adopted	39337
by the director under Chapter 119. of the Revised Code.	39338

An interim license shall be valid for ninety days and may be	39339
renewed by the director no more than twice. Proceedings initiated	39340
to deny applications for or to revoke interim licenses under this	39341
division are not subject to Chapter 119. of the Revised Code.	39342

(E) The department of mental health may conduct an	39343
inspection of a residential facility:	39344

(1) Prior to the issuance of a license to a prospective	39345
operator;	39346

(2) Prior to the renewal of any operator's license;

39347

(3) To determine whether a facility has completed a plan of	39348
correction required pursuant to this division and corrected	39349
deficiencies to the satisfaction of the department and in	39350
compliance with this section and rules adopted pursuant to it;	39351

(4) Upon complaint by any individual or agency;

39352

(5) At any time the director considers an inspection to be	39353
necessary in order to determine whether a residential facility is	39354
in compliance with this section and rules adopted pursuant to this	39355
section.	39356

In conducting inspections the department may conduct an	39357
on-site examination and evaluation of the residential facility,	39358
its personnel, activities, and services. The department shall	39359
have access to examine all records, accounts, and any other	39360
documents relating to the operation of the residential facility,	39361
and shall have access to the facility in order to conduct	39362
interviews with the operator, staff, and residents. Following	39363
each inspection and review, the department shall complete a report	39364
listing any deficiencies, and including, when appropriate, a time	39365
table within which the operator shall correct the deficiencies.	39366
The department may require the operator to submit a plan of	39367
correction describing how the deficiencies will be corrected.	39368

(F) No person shall do any of the following:

39369

(1) Operate a residential facility unless the facility holds	39370
a valid license;	39371

(2) Violate any of the conditions of licensure after having	39372
been granted a license;	39373

(3) Interfere with a state or local official's inspection or	39374
investigation of a residential facility;	39375

(4) Violate any of the provisions of this section or any	39376
rules adopted pursuant to this section.	39377

(G) The director shall adopt and may amend and rescind rules	39378
pursuant to Chapter 119. of the Revised Code, prescribing minimum	39379
standards for the health, safety, adequacy, and cultural	39380
specificity and sensitivity of treatment of and services for	39381
persons in residential facilities; establishing procedures for the	39382
issuance, renewal or revocation of the licenses of such	39383
facilities; establishing the maximum number of residents of a	39384
facility; establishing the rights of residents and procedures to	39385
protect such rights; and requiring an affiliation agreement	39386
approved by the board between a residential facility and a mental	39387
health agency. Such affiliation agreement must be consistent with	39388
the residential portion of the community mental health plan	39389
submitted pursuant to section 340.03 of the Revised Code.	39390

(H) The department may investigate any facility that has	39391
been reported to the department or that the department has	39392
reasonable cause to believe is operating as a residential facility	39393
without a valid license.	39394

(I) The department may withhold the source of any complaint	39395
reported as a violation of this act when the department determines	39396
that disclosure could be detrimental to the department's purposes	39397
or could jeopardize the investigation. The department may	39398
disclose the source of any complaint if the complainant agrees in	39399
writing to such disclosure and shall disclose the source upon	39400
order by a court of competent jurisdiction.	39401

(J) The director of mental health may petition the court of	39402
common pleas of the county in which a residential facility is	39403
located for an order enjoining any person from operating a	39404
residential facility without a license or from operating a	39405
licensed facility when, in the director's judgment, there is a	39406
real and present danger to the health or safety of any of the	39407
occupants of the facility. The court shall have jurisdiction to	39408
grant such injunctive relief upon a showing that the respondent	39409
named in the petition is operating a facility without a license or	39410
there is a real and present danger to the health or safety of any	39411
residents of the facility.	39412

(K) Whoever violates division (F) of this section or any	39413
rule adopted under this section is liable for a civil penalty of	39414
one hundred dollars for the first offense; for each subsequent	39415
offense, such violator is liable for a civil penalty of five	39416
hundred dollars. If the violator does not pay, the attorney	39417
general, upon the request of the director of mental health, shall	39418
bring a civil action to collect the penalty. Fines collected	39419
pursuant to this section shall be deposited into the state	39420
treasury to the credit of the mental health sale of goods and	39421
services fund.	39422

Sec. 5119.61. Any provision in this chapter that refers to a	39423
board of alcohol, drug addiction, and mental health services also	39424
refers to the community mental health board in an alcohol, drug	39425
addiction, and mental health service district that has a community	39426
mental health board.	39427

The director of mental health with respect to all facilities	39428
and programs established and operated under Chapter 340. of the	39429
Revised Code for mentally ill and emotionally disturbed persons,	39430
shall do all of the following:	39431

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	39432
that may be necessary to carry out the purposes of Chapter 340.	39433
and sections 5119.61 to 5119.63 of the Revised Code.	39434

(1) The rules shall include all of the following:

39435

(a) Rules governing a community mental health agency's	39436
services under section 340.091 of the Revised Code to an	39437
individual referred to the agency under division (C)(2) of section	39438
173.35 of the Revised Code;	39439

(b) For the purpose of division (A)~~(14)~~(16) of section	39440
340.03 of the Revised Code, rules governing the duties of mental	39441
health agencies and boards of alcohol, drug addiction, and mental	39442
health services under section 3722.18 of the Revised Code	39443
regarding referrals of individuals with mental illness or severe	39444
mental disability to adult care facilities and effective	39445
arrangements for ongoing mental health services for the	39446
individuals. The rules shall do at least the following:	39447

(i) Provide for agencies and boards to participate fully in	39448
the procedures owners and managers of adult care facilities must	39449
follow under division (A)(2) of section 3722.18 of the Revised	39450
Code;	39451

(ii) Specify the manner in which boards are accountable for	39452
ensuring that ongoing mental health services are effectively	39453
arranged for individuals with mental illness or severe mental	39454
disability who are referred by the board or mental health agency	39455
under contract with the board to an adult care facility.	39456

(c) Rules governing a board of alcohol, drug addiction, and	39457
mental health services when making a report to the director of	39458
health under section 3722.17 of the Revised Code regarding the	39459
quality of care and services provided by an adult care facility to	39460
a person with mental illness or a severe mental disability.	39461

(2) Rules may be adopted to govern the method of paying a	39462
community mental health facility described in division (B) of	39463
section 5111.022 of the Revised Code for providing services	39464
established by division (A) of that section. Such rules must be	39465
consistent with the contract entered into between the departments	39466
of ~~human~~ job and family services and mental health under division	39467
(E) of that section and include requirements ensuring appropriate	39468
service utilization.	39469

(B) ~~Adopt rules requiring each public or private agency~~	39470
~~providing mental health services or facilities under a contract~~	39471
~~with a board of alcohol, drug addiction, and mental health~~	39472
~~services and any program operated by such a board to have a~~	39473
~~written policy that addresses the rights of clients including all~~	39474
~~of the following:~~	39475

~~(1) The right to a copy of the agency's policy of client~~	39476
~~rights;~~	39477

~~(2) The right at all times to be treated with consideration~~	39478
~~and respect for the client's privacy and dignity;~~	39479

~~(3) The right to have access to the client's own~~	39480
~~psychiatric, medical, or other treatment records unless access is~~	39481
~~specifically restricted in the client's treatment plan for clear~~	39482
~~treatment reasons;~~	39483

~~(4) The right to have a client rights officer provided by~~	39484
~~the board or agency advise the client of the client's rights,~~	39485
~~including the client's rights under Chapter 5122. of the Revised~~	39486
~~Code if the client is committed to the board or agency.~~	39487

~~(C) Require each board of alcohol, drug addiction, and~~	39488
~~mental health services to ensure that each contract agency~~	39489
~~establishes grievance procedures available to all recipients of~~	39490
~~services or applicants for services;~~	39491

~~(D) Define minimum standards for qualifications of~~	39492
~~personnel, professional services, and mental health professionals~~	39493
~~as defined in section 340.02 of the Revised Code;~~	39494

~~(E)~~ Review and evaluate, and, taking into account the	39495
findings and recommendations of the board of alcohol, drug	39496
addiction, and mental health services of the district served by	39497
the program and the requirements and priorities of the state	39498
mental health plan, including the needs of residents of the	39499
district now residing in state mental institutions, approve and	39500
allocate funds to support community programs, and make	39501
recommendations for needed improvements to boards of alcohol, drug	39502
addiction, and mental health services;	39503

~~(F)~~(C) Withhold state and federal funds for any program, in	39504
whole or in part, from a board of alcohol, drug addiction, and	39505
mental health services in the event of failure of that program to	39506
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	39507
or 5119.62 of the Revised Code or rules of the department of	39508
mental health. The director shall identify the areas of	39509
noncompliance and the action necessary to achieve compliance. The	39510
director shall offer technical assistance to the board to achieve	39511
compliance. The director shall give the board a reasonable time	39512
within which to comply or to present its position that it is in	39513
compliance. Before withholding funds, a hearing shall be conducted	39514
to determine if there are continuing violations and that either	39515
assistance is rejected or the board is unable to achieve	39516
compliance. Subsequent to the hearing process, if it is	39517
determined that compliance has not been achieved, the director may	39518
allocate all or part of the withheld funds to a public or private	39519
agency to provide the services not in compliance until the time	39520
that there is compliance. The director shall establish rules	39521
pursuant to Chapter 119. of the Revised Code to implement this	39522
division.	39523

~~(G)~~(D) Withhold state or federal funds from a board of	39524
alcohol, drug addiction, and mental health services that denies	39525
available service on the basis of religion, race, color, creed,	39526
sex, national origin, age, disability as defined in section	39527
4112.01 of the Revised Code, developmental disability, or the	39528
inability to pay;	39529

~~(H)~~(E) Provide consultative services to community mental	39530
health ~~programs~~ agencies with the knowledge and cooperation of the	39531
board of alcohol, drug addiction, and mental health services;	39532

~~(I)~~(F) Provide to boards of alcohol, drug addiction, and	39533
mental health services state or federal funds, in addition to	39534
those allocated under section 5119.62 of the Revised Code, for	39535
special programs or projects the director considers necessary but	39536
for which local funds are not available;	39537

~~(J)~~(G) Establish criteria by which a board of alcohol, drug	39538
addiction, and mental health services reviews and evaluates the	39539
quality, effectiveness, and efficiency of services provided	39540
through its community mental health plan. The criteria shall	39541
include requirements ensuring appropriate service utilization. The	39542
department shall assess a board's evaluation of services and the	39543
compliance of each board with this section, Chapter 340. or	39544
section 5119.62 of the Revised Code, and other state or federal	39545
law and regulations. The department, in cooperation with the	39546
board, periodically shall review and evaluate the quality,	39547
effectiveness, and efficiency of services provided through each	39548
board. The department shall collect information that is necessary	39549
to perform these functions.	39550

~~(K)~~(H) Develop and operate a community mental health	39551
information system.	39552

Boards of alcohol, drug abuse, and mental health services	39553
shall submit information requested by the department in the form	39554
and manner prescribed by the department. Information collected by	39555
the department shall include, but not be limited to, all of the	39556
following:	39557

(1) Information regarding units of services provided in	39558
whole or in part under contract with a board, including diagnosis	39559
and special needs, demographic information, the number of units of	39560
service provided, past treatment, financial status, and service	39561
dates in accordance with rules adopted by the department in	39562
accordance with Chapter 119. of the Revised Code;	39563

(2) Financial information other than price or price-related	39564
data regarding expenditures of boards and community mental health	39565
agencies, including units of service provided, budgeted and actual	39566
expenses by type, and sources of funds.	39567

Boards shall submit the information specified in division	39568
~~(K)~~(H)(1) of this section no less frequently than annually for	39569
each client, and each time the client's case is opened or closed.	39570
The department shall not collect any information for the purpose	39571
of identifying by name any person who receives a service through a	39572
board of alcohol, drug addiction, and mental health services,	39573
except as required by state or federal law to validate appropriate	39574
reimbursement. For the purposes of division ~~(K)~~(H)(1) of this	39575
section, the department shall use an identification system that is	39576
consistent with applicable nationally recognized standards.	39577

~~(L)~~(I) Review each board's community mental health plan	39578
submitted pursuant to section 340.03 of the Revised Code and	39579
approve or disapprove it in whole or in part. Periodically, in	39580
consultation with representatives of boards and after considering	39581
the recommendations of the medical director, the director shall	39582
issue criteria for determining when a plan is complete, criteria	39583
for plan approval or disapproval, and provisions for conditional	39584
approval. The factors that the director considers may include,	39585
but are not limited to, the following:	39586

(1) The mental health needs of all persons residing within	39587
the board's service district, especially severely mentally	39588
disabled children, adolescents, and adults;	39589

(2) The demonstrated quality, effectiveness, efficiency, and	39590
cultural relevance of the services provided in each service	39591
district, the extent to which any services are duplicative of	39592
other available services, and whether the services meet the needs	39593
identified above;	39594

(3) The adequacy of the board's accounting for the	39595
expenditure of funds.	39596

If the director disapproves all or part of any plan, the	39597
director shall provide the board an opportunity to present its	39598
position. The director shall inform the board of the reasons for	39599
the disapproval and of the criteria that must be met before the	39600
plan may be approved. The director shall give the board a	39601
reasonable time within which to meet the criteria, and shall offer	39602
technical assistance to the board to help it meet the criteria.	39603

If the approval of a plan remains in dispute thirty days	39604
prior to the conclusion of the fiscal year in which the board's	39605
current plan is scheduled to expire, the board or the director may	39606
request that the dispute be submitted to a mutually agreed upon	39607
third-party mediator with the cost to be shared by the board and	39608
the department. The mediator shall issue to the board and the	39609
department recommendations for resolution of the dispute. Prior to	39610
the conclusion of the fiscal year in which the current plan is	39611
scheduled to expire, the director, taking into consideration the	39612
recommendations of the mediator, shall make a final determination	39613
and approve or disapprove the plan, in whole or in part.	39614

~~(M) Visit and evaluate any community mental health program,~~	39615
~~agency, or facility, in cooperation with a board of alcohol, drug~~	39616
~~addiction, and mental health services, to determine if the~~	39617
~~services meet minimum standards pursuant to division (G) of~~	39618
~~section 5119.01 of the Revised Code. If the director determines~~	39619
~~that the services meet minimum standards, the director shall so~~	39620
~~certify.~~	39621

~~If the director determines that the services of any program,~~	39622
~~agency, or facility that has a contract with a board do not meet~~	39623
~~minimum standards, the director shall identify the areas of~~	39624
~~noncompliance, specify what action is necessary to meet the~~	39625
~~standards, and offer technical assistance to the board so that it~~	39626
~~may assist the program, agency, or facility to meet minimum~~	39627
~~standards. The director shall give the board a reasonable time~~	39628
~~within which to demonstrate that the services meet minimum~~	39629
~~standards or to bring the program or facility into compliance with~~	39630
~~the standards. If the director concludes that the services~~	39631
~~continue to fail to meet minimum standards, the director may~~	39632
~~request that the board reallocate the funds for those services to~~	39633
~~another program, agency, or facility which meets minimum~~	39634
~~standards. If the board does not reallocate those funds in a~~	39635
~~reasonable period of time, the director may withhold state and~~	39636
~~federal funds for the services and allocate those funds directly~~	39637
~~to a public or private agency that meets minimum standards.~~	39638

~~Each program, agency, and facility shall pay a fee for the~~	39639
~~certification review required by this division. Fees shall be~~	39640
~~paid into the sale of goods and services fund created pursuant to~~	39641
~~section 5119.161 of the Revised Code.~~	39642

~~The director shall adopt rules under Chapter 119. of the~~	39643
~~Revised Code to implement this division. The rules shall do all~~	39644
~~of the following:~~	39645

~~(1) Establish the process for certification of services of~~	39646
~~programs, agencies, or facilities;~~	39647

~~(2) Set the amount of certification review fees based on a~~	39648
~~portion of the cost of performing the review;~~	39649

~~(3) Specify the type of notice and hearing to be provided~~	39650
~~prior to a decision whether to reallocate funds.~~	39651

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	39652
mental health services may not contract with a community mental	39653
health agency under division (A)(8)(a) of section 340.03 of the	39654
Revised Code to provide community mental health services included	39655
in the board's community mental health plan unless the services	39656
are certified by the director of mental health under this section.	39657

A community mental health agency that seeks the director's	39658
certification of its community mental health services shall submit	39659
an application to the director. On receipt of the application,	39660
the director may visit and shall evaluate the agency to determine	39661
whether its services satisfy the standards established by rules	39662
adopted under division (C) of this section. The director shall	39663
make the evaluation, and, if the director visits the agency, shall	39664
make the visit, in cooperation with the board of alcohol, drug	39665
addiction, and mental health services with which the agency seeks	39666
to contract.	39667

If the director determines that a community mental health	39668
agency's services satisfy the standards, the director shall	39669
certify the services.	39670

If the director determines that a community mental health	39671
agency's services do not satisfy the standards, the director shall	39672
identify the areas of noncompliance, specify what action is	39673
necessary to satisfy the standards, and offer technical assistance	39674
to the board of alcohol, drug addiction, and mental health	39675
services so that the board may assist the agency in satisfying the	39676
standards. The director shall give the agency a reasonable time	39677
within which to demonstrate that its services satisfy the	39678
standards or to bring the services into compliance with the	39679
standards. If the director concludes that the services continue	39680
to fail to satisfy the standards, the director may request that	39681
the board reallocate the funds for the community mental health	39682
services the agency was to provide to another community mental	39683
health agency whose community mental health services satisfy the	39684
standards. If the board does not reallocate those funds in a	39685
reasonable period of time, the director may withhold state and	39686
federal funds for the community mental health services and	39687
allocate those funds directly to a community mental health agency	39688
whose community mental health services satisfy the standards.	39689

(B) Each community mental health agency seeking	39690
certification of its community mental health services under this	39691
section shall pay a fee for the certification review required by	39692
this section. Fees shall be paid into the sale of goods and	39693
services fund created pursuant to section 5119.161 of the Revised	39694
Code.	39695

(C) The director shall adopt rules in accordance with	39696
Chapter 119. of the Revised Code to implement this section. The	39697
rules shall do all of the following:	39698

(1) Establish certification standards for community mental	39699
health services that are consistent with nationally recognized	39700
applicable standards and facilitate participation in federal	39701
assistance programs. The rules shall include as certification	39702
standards only requirements that improve the quality of services	39703
or the health and safety of clients of community mental health	39704
services. The standards shall address at a minimum all of the	39705
following:	39706

(a) Reporting major unusual incidents to the director;

39707

(b) Procedures for applicants for and clients of community	39708
mental health services to file grievances and complaints;	39709

39710

(d) Restraint;

39711

(e) Development of written policies addressing the rights	39712
of clients, including all of the following:	39713

(i) The right to a copy of the written policies addressing	39714
client rights;	39715

(ii) The right at all times to be treated with	39716
consideration and respect for the client's privacy and dignity;	39717

(iii) The right to have access to the client's own	39718
psychiatric, medical, or other treatment records unless access is	39719
specifically restricted in the client's treatment plan for clear	39720
treatment reasons;	39721

(iv) The right to have a client rights officer provided by	39722
the agency or board of alcohol, drug addiction, and mental health	39723
services advise the client of the client's rights, including the	39724
client's rights under Chapter 5122. of the Revised Code if the	39725
client is committed to the agency or board.	39726

(2) Establish standards for qualifications of mental health	39727
professionals as defined in section 340.02 of the Revised Code and	39728
personnel who provide the community mental health services;	39729

(3) Establish the process for certification of community	39730
mental health services;	39731

(4) Set the amount of certification review fees based on a	39732
portion of the cost of performing the review;	39733

(5) Specify the type of notice and hearing to be provided	39734
prior to a decision on whether to reallocate funds.	39735

Sec. 5119.612. The director of mental health shall require	39736
that each board of alcohol, drug addiction, and mental health	39737
services ensure that each community mental health agency with	39738
which it contracts under division (A)(8)(a) of section 340.03 of	39739
the Revised Code to provide community mental health services	39740
establish grievance procedures consistent with rules adopted under	39741
section 5119.611 of the Revised Code that are available to all	39742
applicants for and clients of the community mental health	39743
services.	39744

Sec. 5120.10. (A)(1) The director of rehabilitation and	39745
correction, by rule, shall promulgate minimum standards for jails	39746
in Ohio, including minimum security jails dedicated under section	39747
341.34 or 753.21 of the Revised Code. Whenever the director files	39748
a rule or an amendment to a rule in final form with both the	39749
secretary of state and the director of the legislative service	39750
commission pursuant to section 111.15 of the Revised Code, the	39751
director of rehabilitation and correction promptly shall send a	39752
copy of the rule or amendment, if the rule or amendment pertains	39753
to minimum jail standards, by ordinary mail to the political	39754
subdivisions or affiliations of political subdivisions that	39755
operate jails to which the standards apply.	39756

(2) The rules promulgated in accordance with division (A)(1)	39757
of this section shall serve as criteria for the investigative and	39758
supervisory powers and duties vested by division (D) of this	39759
section in the division of parole and community services of the	39760
department of rehabilitation and correction or in another division	39761
of the department to which those powers and duties are assigned.	39762

(B) The director may initiate an action in the court of	39763
common pleas of the county in which a facility that is subject to	39764
the rules promulgated under division (A)(1) of this section is	39765
situated to enjoin compliance with the minimum standards for jails	39766
or with the minimum standards and minimum renovation,	39767
modification, and construction criteria for minimum security	39768
jails.	39769

(C) Upon the request of an administrator of a jail facility,	39770
the chief executive of a municipal corporation, or a board of	39771
county commissioners, the director of rehabilitation and	39772
correction or the director's designee shall grant a variance from	39773
the minimum standards for jails in Ohio for a facility that is	39774
subject to one of those minimum standards when the director	39775
determines that strict compliance with the minimum standards would	39776
cause unusual, practical difficulties or financial hardship, that	39777
existing or alternative practices meet the intent of the minimum	39778
standards, and that granting a variance would not seriously affect	39779
the security of the facility, the supervision of the inmates, or	39780
the safe, healthful operation of the facility. If the director or	39781
the director's designee denies a variance, the applicant may	39782
appeal the denial pursuant to section 119.12 of the Revised Code.	39783

(D) The following powers and duties shall be exercised by	39784
the division of parole and community services unless assigned to	39785
another division by the director:	39786

(1) The investigation and supervision of county and	39787
municipal jails, workhouses, minimum security jails, and other	39788
correctional institutions and agencies;	39789

(2) The review and approval of plans submitted to the	39790
department of rehabilitation and correction pursuant to division	39791
(E) of this section;	39792

(3) The management and supervision of the adult parole	39793
authority created by section 5149.02 of the Revised Code;	39794

~~(3)~~(4) The review and approval of proposals for	39795
community-based correctional facilities and programs and district	39796
community-based correctional facilities and programs that are	39797
submitted pursuant to division (B) of section 2301.51 of the	39798
Revised Code;	39799

~~(4)~~(5) The distribution of funds made available to the	39800
division for purposes of assisting in the renovation, maintenance,	39801
and operation of community-based correctional facilities and	39802
programs and district community-based correctional facilities and	39803
programs in accordance with section 5120.112 of the Revised Code;	39804

~~(5)~~(6) The performance of the duty imposed upon the	39805
department of rehabilitation and correction in section 5149.31 of	39806
the Revised Code to establish and administer a program of	39807
subsidies to eligible municipal corporations, counties, and groups	39808
of contiguous counties for the development, implementation, and	39809
operation of community-based corrections programs;	39810

~~(6)~~(7) Licensing halfway houses and community residential	39811
centers for the care and treatment of adult offenders in	39812
accordance with section 2967.14 of the Revised Code;	39813

~~(7)~~(8) Contracting with a public or private agency or a	39814
department or political subdivision of the state that operates a	39815
licensed halfway house or community residential center for the	39816
provision of housing, supervision, and other services to parolees	39817
and probationers in accordance with section 2967.14 of the Revised	39818
Code.	39819

Other powers and duties may be assigned by the director of	39820
rehabilitation and correction to the division of parole and	39821
community services. This section does not apply to the department	39822
of youth services or its institutions or employees.	39823

(E) No plan for any new jail, workhouse, or lockup, or plan	39824
for a substantial addition or alteration to an existing jail,	39825
workhouse, or lockup, shall be adopted unless the officials	39826
responsible for adopting the plan have submitted it to the	39827
department of rehabilitation and correction for approval and the	39828
department has approved the plan as provided in division (D)(2) of	39829
this section.	39830

Sec. 5122.31. All certificates, applications, records, and	39831
reports made for the purpose of this chapter and sections 2945.38,	39832
2945.39, 2945.40, 2945.401, and 2945.402 of the Revised Code,	39833
other than court journal entries or court docket entries, and	39834
directly or indirectly identifying a patient or former patient or	39835
person whose hospitalization has been sought under this chapter,	39836
shall be kept confidential and shall not be disclosed by any	39837
person except:	39838

(A) If the person identified, or the person's legal	39839
guardian, if any, or if the person is a minor, the person's parent	39840
or legal guardian, consents, and if the disclosure is in the best	39841
interests of the person, as may be determined by the court for	39842
judicial records and by the chief clinical officer for medical	39843
records;	39844

(B) When disclosure is provided for in this chapter or	39845
section 5123.60 of the Revised Code;	39846

(C) That hospitals, boards of alcohol, drug addiction, and	39847
mental health services, and community mental health agencies may	39848
release necessary medical information to insurers and other	39849
third-party payers, including government entities responsible for	39850
processing and authorizing payment, to obtain payment for goods	39851
and services furnished to the patient;	39852

(D) Pursuant to a court order signed by a judge;

39853

(E) That a patient shall be granted access to the patient's	39854
own psychiatric and medical records, unless access specifically is	39855
restricted in a patient's treatment plan for clear treatment	39856
reasons;	39857

(F) That hospitals and other institutions and facilities	39858
within the department of mental health may exchange psychiatric	39859
records and other pertinent information with other hospitals,	39860
institutions, and facilities of the department, and with community	39861
mental health agencies and boards of alcohol, drug addiction, and	39862
mental health services with which the department has a current	39863
agreement for patient care or services. Records and information	39864
that may be released pursuant to this division shall be limited to	39865
medication history, physical health status and history, financial	39866
status, summary of course of treatment in the hospital, summary of	39867
treatment needs, and a discharge summary, if any.	39868

(G) That a patient's family member who is involved in the	39869
provision, planning, and monitoring of services to the patient may	39870
receive medication information, a summary of the patient's	39871
diagnosis and prognosis, and a list of the services and personnel	39872
available to assist the patient and the patient's family, if the	39873
patient's treating physician determines that the disclosure would	39874
be in the best interests of the patient. No such disclosure shall	39875
be made unless the patient is notified first and receives the	39876
information and does not object to the disclosure.	39877

(H) That community mental health agencies may exchange	39878
psychiatric records and certain other information with the board	39879
of alcohol, drug addiction, and mental health services and other	39880
agencies in order to provide services to a person involuntarily	39881
committed to a board. Release of records under this division	39882
shall be limited to medication history, physical health status and	39883
history, financial status, summary of course of treatment, summary	39884
of treatment needs, and discharge summary, if any.	39885

(I) That information may be disclosed to the executor or the	39886
administrator of an estate of a deceased patient when the	39887
information is necessary to administer the estate;	39888

(J) That records in the possession of the Ohio historical	39889
society may be released to the closest living relative of a	39890
deceased patient upon request of that relative;	39891

(K) That information may be disclosed to staff members of	39892
the appropriate board or to staff members designated by the	39893
director of mental health for the purpose of evaluating the	39894
quality, effectiveness, and efficiency of services and determining	39895
if the services meet minimum standards. Information obtained	39896
during such evaluations shall not be retained with the name of any	39897
patient.	39898

(L) That records pertaining to the patient's diagnosis,	39899
course of treatment, treatment needs, and prognosis shall be	39900
disclosed and released to the appropriate prosecuting attorney if	39901
the patient was committed pursuant to section 2945.38, 2945.39,	39902
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	39903
attorney designated by the board for proceedings pursuant to	39904
involuntary commitment under this chapter.	39905

(M) That the department of mental health may exchange	39906
psychiatric hospitalization records, other mental health treatment	39907
records, and other pertinent information with the department of	39908
rehabilitation and correction to ensure continuity of care for	39909
inmates who are receiving mental health services in an institution	39910
of the department of rehabilitation and correction. The	39911
department shall not disclose those records unless the inmate is	39912
notified, receives the information, and does not object to the	39913
disclosure. The release of records under this division is limited	39914
to records regarding an inmate's medication history, physical	39915
health status and history, summary of course of treatment, summary	39916
of treatment needs, and a discharge summary, if any.	39917

(N) That a community mental health agency that ceases to	39918
operate may transfer to either a community mental health agency	39919
that assumes its caseload or to the board of alcohol, drug	39920
addiction, and mental health services of the service district in	39921
which the patient resided at the time services were most recently	39922
provided any treatment records that have not been transferred	39923
elsewhere at the patient's request.	39924

(O) Before records are disclosed pursuant to divisions (C),	39925
(F), and (H) of this section, the custodian of the records shall	39926
attempt to obtain the patient's consent for the disclosure. No	39927
person shall reveal the contents of a medical record of a patient	39928
except as authorized by law.	39929

Sec. 5123.01. As used in this chapter:

39930

(A) "Chief medical officer" means the licensed physician	39931
appointed by the managing officer of an institution for the	39932
mentally retarded with the approval of the director of mental	39933
retardation and developmental disabilities to provide medical	39934
treatment for residents of the institution.	39935

(B) "Chief program director" means a person with special	39936
training and experience in the diagnosis and management of the	39937
mentally retarded, certified according to division (C) of this	39938
section in at least one of the designated fields, and appointed by	39939
the managing officer of an institution for the mentally retarded	39940
with the approval of the director to provide habilitation and care	39941
for residents of the institution.	39942

(C) "Comprehensive evaluation" means a study, including a	39943
sequence of observations and examinations, of a person leading to	39944
conclusions and recommendations formulated jointly, with	39945
dissenting opinions if any, by a group of persons with special	39946
training and experience in the diagnosis and management of persons	39947
with mental retardation or a developmental disability, which group	39948
shall include individuals who are professionally qualified in the	39949
fields of medicine, psychology, and social work, together with	39950
such other specialists as the individual case may require.	39951

(D) "Education" means the process of formal training and	39952
instruction to facilitate the intellectual and emotional	39953
development of residents.	39954

(E) "Habilitation" means the process by which the staff of	39955
the institution assists the resident in acquiring and maintaining	39956
those life skills that enable the resident to cope more	39957
effectively with the demands of the resident's own person and of	39958
the resident's environment and in raising the level of the	39959
resident's physical, mental, social, and vocational efficiency.	39960
Habilitation includes but is not limited to programs of formal,	39961
structured education and training.	39962

(F) "Habilitation center services" means services provided by	39963
a habilitation center certified by the department of mental	39964
retardation and developmental disabilities under section 5123.041	39965
of the Revised Code and covered by the medicaid program pursuant	39966
to rules adopted under section 5111.041 of the Revised Code.	39967

(G) "Health officer" means any public health physician,	39968
public health nurse, or other person authorized or designated by a	39969
city or general health district.	39970

~~(G)~~(H) "Home and community-based services" means	39971
medicaid-funded home and community-based services provided under a	39972
medicaid component the department of mental retardation and	39973
developmental disabilities administers pursuant to section	39974
5111.871 of the Revised Code.	39975

(I) "Indigent person" means a person who is unable,	39976
without substantial financial hardship, to provide for the payment	39977
of an attorney and for other necessary expenses of legal	39978
representation, including expert testimony.	39979

~~(H)~~(J) "Institution" means a public or private facility, or a	39980
part of a public or private facility, that is licensed by the	39981
appropriate state department and is equipped to provide	39982
residential habilitation, care, and treatment for the mentally	39983
retarded.	39984

~~(I)~~(K) "Licensed physician" means a person who holds a valid	39985
certificate issued under Chapter 4731. of the Revised Code	39986
authorizing the person to practice medicine and surgery or	39987
osteopathic medicine and surgery, or a medical officer of the	39988
government of the United States while in the performance of the	39989
officer's official duties.	39990

~~(J)~~(L) "Managing officer" means a person who is appointed by	39991
the director of mental retardation and developmental disabilities	39992
to be in executive control of an institution for the mentally	39993
retarded under the jurisdiction of the department.	39994

~~(K)~~(M) "Medicaid" has the same meaning as in section 5111.01	39995
of the Revised Code.	39996

(N) "Medicaid case management services" means case	39997
management services provided to an individual with mental	39998
retardation or other developmental disability that the state	39999
medicaid plan requires.	40000

(O) "Mentally retarded person" means a person having	40001
significantly subaverage general intellectual functioning existing	40002
concurrently with deficiencies in adaptive behavior, manifested	40003
during the developmental period.	40004

~~(L)~~(P) "Mentally retarded person subject to	40005
institutionalization by court order" means a person eighteen years	40006
of age or older who is at least moderately mentally retarded and	40007
in relation to whom, because of the person's retardation, either	40008
of the following conditions exist:	40009

(1) The person represents a very substantial risk of	40010
physical impairment or injury to self as manifested by evidence	40011
that the person is unable to provide for and is not providing for	40012
the person's most basic physical needs and that provision for	40013
those needs is not available in the community;	40014

(2) The person needs and is susceptible to significant	40015
habilitation in an institution.	40016

~~(M)~~(Q) "A person who is at least moderately mentally	40017
retarded" means a person who is found, following a comprehensive	40018
evaluation, to be impaired in adaptive behavior to a moderate	40019
degree and to be functioning at the moderate level of intellectual	40020
functioning in accordance with standard measurements as recorded	40021
in the most current revision of the manual of terminology and	40022
classification in mental retardation published by the American	40023
association on mental retardation.	40024

~~(N)~~(R) As used in this division, "substantial functional	40025
limitation," "developmental delay," and "established risk" have	40026
the meanings established pursuant to section 5123.011 of the	40027
Revised Code.	40028

"Developmental disability" means a severe, chronic disability	40029
that is characterized by all of the following:	40030

(1) It is attributable to a mental or physical impairment or	40031
a combination of mental and physical impairments, other than a	40032
mental or physical impairment solely caused by mental illness as	40033
defined in division (A) of section 5122.01 of the Revised Code.	40034

(2) It is manifested before age twenty-two.

40035

(3) It is likely to continue indefinitely.

40036

(4) It results in one of the following:

40037

(a) In the case of a person under three years of age, at	40038
least one developmental delay or an established risk;	40039

(b) In the case of a person at least three years of age but	40040
under six years of age, at least two developmental delays or an	40041
established risk;	40042

(c) In the case of a person six years of age or older, a	40043
substantial functional limitation in at least three of the	40044
following areas of major life activity, as appropriate for the	40045
person's age: self-care, receptive and expressive language,	40046
learning, mobility, self-direction, capacity for independent	40047
living, and, if the person is at least sixteen years of age,	40048
capacity for economic self-sufficiency.	40049

(5) It causes the person to need a combination and sequence	40050
of special, interdisciplinary, or other type of care, treatment,	40051
or provision of services for an extended period of time that is	40052
individually planned and coordinated for the person.	40053

~~(O)~~(S) "Developmentally disabled person" means a person with	40054
a developmental disability.	40055

~~(P)~~(T) "State institution" means an institution that is	40056
tax-supported and under the jurisdiction of the department.	40057

~~(Q)~~(U) "Residence" and "legal residence" have the same	40058
meaning as "legal settlement," which is acquired by residing in	40059
Ohio for a period of one year without receiving general assistance	40060
prior to July 17, 1995, under former Chapter 5113. of the Revised	40061
Code, disability assistance under Chapter 5115. of the Revised	40062
Code, or assistance from a private agency that maintains records	40063
of assistance given. A person having a legal settlement in the	40064
state shall be considered as having legal settlement in the	40065
assistance area in which the person resides. No adult person	40066
coming into this state and having a spouse or minor children	40067
residing in another state shall obtain a legal settlement in this	40068
state as long as the spouse or minor children are receiving public	40069
assistance, care, or support at the expense of the other state or	40070
its subdivisions. For the purpose of determining the legal	40071
settlement of a person who is living in a public or private	40072
institution or in a home subject to licensing by the department of	40073
job and family services, the department of mental health, or the	40074
department of mental retardation and developmental disabilities,	40075
the residence of the person shall be considered as though the	40076
person were residing in the county in which the person was living	40077
prior to the person's entrance into the institution or home.	40078
Settlement once acquired shall continue until a person has been	40079
continuously absent from Ohio for a period of one year or has	40080
acquired a legal residence in another state. A woman who marries	40081
a man with legal settlement in any county immediately acquires the	40082
settlement of her husband. The legal settlement of a minor is	40083
that of the parents, surviving parent, sole parent, parent who is	40084
designated the residential parent and legal custodian by a court,	40085
other adult having permanent custody awarded by a court, or	40086
guardian of the person of the minor, provided that:	40087

(1) A minor female who marries shall be considered to have	40088
the legal settlement of her husband and, in the case of death of	40089
her husband or divorce, she shall not thereby lose her legal	40090
settlement obtained by the marriage.	40091

(2) A minor male who marries, establishes a home, and who	40092
has resided in this state for one year without receiving general	40093
assistance prior to July 17, 1995, under former Chapter 5113. of	40094
the Revised Code, disability assistance under Chapter 5115. of the	40095
Revised Code, or assistance from a private agency that maintains	40096
records of assistance given shall be considered to have obtained a	40097
legal settlement in this state.	40098

(3) The legal settlement of a child under eighteen years of	40099
age who is in the care or custody of a public or private child	40100
caring agency shall not change if the legal settlement of the	40101
parent changes until after the child has been in the home of the	40102
parent for a period of one year.	40103

No person, adult or minor, may establish a legal settlement	40104
in this state for the purpose of gaining admission to any state	40105
institution.	40106

~~(R)~~(V)(1) "Resident" means, subject to division (R)(2) of	40107
this section, a person who is admitted either voluntarily or	40108
involuntarily to an institution or other facility pursuant to	40109
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	40110
Code subsequent to a finding of not guilty by reason of insanity	40111
or incompetence to stand trial or under this chapter who is under	40112
observation or receiving habilitation and care in an institution.	40113

(2) "Resident" does not include a person admitted to an	40114
institution or other facility under section 2945.39, 2945.40,	40115
2945.401, or 2945.402 of the Revised Code to the extent that the	40116
reference in this chapter to resident, or the context in which the	40117
reference occurs, is in conflict with any provision of sections	40118
2945.37 to 2945.402 of the Revised Code.	40119

~~(S)~~(W) "Respondent" means the person whose detention,	40120
commitment, or continued commitment is being sought in any	40121
proceeding under this chapter.	40122

~~(T)~~(X) "Working day" and "court day" mean Monday, Tuesday,	40123
Wednesday, Thursday, and Friday, except when such day is a legal	40124
holiday.	40125

~~(U)~~(Y) "Prosecutor" means the prosecuting attorney, village	40126
solicitor, city director of law, or similar chief legal officer	40127
who prosecuted a criminal case in which a person was found not	40128
guilty by reason of insanity, who would have had the authority to	40129
prosecute a criminal case against a person if the person had not	40130
been found incompetent to stand trial, or who prosecuted a case in	40131
which a person was found guilty.	40132

~~(V)~~(Z) "Court" means the probate division of the court of	40133
common pleas.	40134

Sec. 5123.041. (A) As used in this section, "habilitation	40135
center" means a habilitation center ~~certified under division (C)~~	40136
~~of this section for the provision of~~ that provides habilitation	40137
center services under section 5111.041 of the Revised Code.	40138

(B) The department of mental retardation and developmental	40139
disabilities shall do all of the following pursuant to an	40140
interagency agreement with the department of job and family	40141
services entered into under section 5111.86 of the Revised Code:	40142

(1) Certify habilitation centers that meet the certification	40143
requirements established by rules adopted by the director of job	40144
and family services under section 5111.041 of the Revised Code;	40145

(2) Accept and process medicaid reimbursement claims from	40146
habilitation centers providing habilitation center services to	40147
medicaid recipients under section 5111.041 of the Revised Code;	40148

(3) With medicaid funds provided to the department from the	40149
department of job and family services, pay the medicaid	40150
reimbursement claims accepted and processed under division (B)(2)	40151
of this section;	40152

(4) Perform the other duties included in the interagency	40153
agreement.	40154

(C) The director of mental retardation and developmental	40155
disabilities shall adopt rules in accordance with Chapter 119. of	40156
the Revised Code that do all of the following:	40157

(1) ~~Specify standards~~ Establish procedures for certification	40158
of habilitation centers;	40159

(2) ~~Define habilitation services and programs, other than~~	40160
~~services provided by the department of education;~~	40161

~~(3)~~ Establish the fee that may be assessed under division	40162
(D) of this section;	40163

~~(4)~~(3) Specify how the department of mental retardation and	40164
developmental disabilities will ~~implement and administer the~~	40165
~~habilitation services program~~ perform its duties under this	40166
section.	40167

~~(C) The director shall certify habilitation centers that~~	40168
~~meet the standards specified by rules adopted under this section.~~	40169

(D) The department of mental retardation and developmental	40170
disabilities may assess the fee established by rule under division	40171
~~(B)(3)~~(C)(2) of this section for ~~providing services related to the~~	40172
~~habilitation services program~~ performing its duties under this	40173
section. The fee may be retained from any ~~funds~~ payment the	40174
department ~~receives for a habilitation center under Title XIX of~~	40175
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	40176
~~as amended~~ makes under division (B)(3) of this section.	40177

Sec. 5123.044. The department of mental retardation and	40178
developmental disabilities shall determine whether county boards	40179
of mental retardation and developmental disabilities are in	40180
compliance with section 5126.046 of the Revised Code. The	40181
department shall provide assistance to an individual with mental	40182
retardation or other developmental disability who requests	40183
assistance with the individual's right under section 5126.046 of	40184
the Revised Code to choose a provider of habilitation, vocational,	40185
community employment, residential, or supported living services if	40186
the department is notified of a county board's alleged violation	40187
of the individual's right to choose such a provider.	40188

Sec. 5123.045. (A) No person or government entity shall	40189
receive payment for providing home and community-based services	40190
unless certified under this section or certified as a supported	40191
living provider under section 5126.431 of the Revised Code.	40192

(B) The department of mental retardation and developmental	40193
disabilities shall do both of the following in accordance with	40194
Chapter 119. of the Revised Code:	40195

(1) Certify a person or government entity to provide home	40196
or community-based services if the person or government entity	40197
satisfies the requirements for certification established by rules	40198
adopted under division (C) of this section;	40199

(2) Revoke a certificate when required to do so by rules	40200
adopted under division (C) of this section.	40201

(C) The director of mental retardation and developmental	40202
disabilities shall adopt rules in accordance with Chapter 119. of	40203
the Revised Code establishing certification requirements and	40204
procedures for a person or government entity that seeks to provide	40205
home and community-based services and is not certified as a	40206
supported living provider under section 5126.431 of the Revised	40207
Code. The rules shall specify the program areas for which	40208
certification is required and include procedures for all of the	40209
following:	40210

(1) Ensuring that providers comply with section 5126.28 or	40211
5126.281 of the Revised Code, as appropriate;	40212

(2) Evaluating the services provided to ensure that they	40213
are provided in a quality manner advantageous to the individual	40214
receiving the services. The procedures shall require that all of	40215
the following be considered as part of an evaluation:	40216

(a) The provider's experience and financial	40217
responsibility;	40218

(b) The provider's ability to comply with standards for the	40219
home and community-based services that the provider provides;	40220

(c) The provider's ability to meet the needs of the	40221
individuals served;	40222

(d) Any other factor the director considers relevant.

40223

(3) Determining when to revoke a provider's certificate.	40224
The reasons for which a certificate may be revoked may include	40225
good cause, including misfeasance, malfeasance, nonfeasance,	40226
confirmed abuse or neglect, financial irresponsibility, or other	40227
conduct the director determines is injurious to individuals being	40228
served.	40229

(4) Protecting due process rights.

40230

(D) The rules adopted under division (C) of this section	40231
shall allow a person or government entity to automatically satisfy	40232
a requirement for certification under this section if the person	40233
holds a current, valid license under section 5123.19 of the	40234
Revised Code to operate a residential facility and had to satisfy	40235
the requirement to obtain the residential facility license.	40236

(E) The records of an evaluation conducted in accordance	40237
with rules adopted under division (C)(2) of this section are	40238
public records for purposes of section 149.43 of the Revised Code	40239
and shall be made available on request of any person, including	40240
individuals being served, individuals seeking home or	40241
community-based services, and county boards of mental retardation	40242
and developmental disabilities.	40243

Sec. 5123.046. The department of mental retardation and	40244
developmental disabilities shall review each plan it receives from	40245
a county board of mental retardation and developmental	40246
disabilities under section 5126.054 of the Revised Code and, in	40247
consultation with the department of job and family services and	40248
office of budget and management, approve each plan that includes	40249
all the information and conditions specified in that section. A	40250
plan shall be approved or disapproved not later than forty-five	40251
days after the last of the plan's components are submitted to the	40252
department under division (B) of section 5126.054 of the Revised	40253
Code.	40254

In approving plans under this section, the department	40255
shall ensure that the aggregate of all plans provide for the	40256
increased enrollment into home and community-based services during	40257
each state fiscal year of at least five hundred individuals who	40258
did not receive residential services, supported living, or home or	40259
community-based services the prior state fiscal year if the	40260
department has enough additional enrollment available for this	40261
purpose.	40262

If a county board fails to submit all the components of the	40263
plan to the department within the time required by division (B) of	40264
section 5126.054 of the Revised Code or the department disapproves	40265
a county board's plan, the department may withhold all or part of	40266
any funds the department would otherwise allocate to the county	40267
board. The department may not withhold any funds the department	40268
allocates to the county board prior to the date the last of the	40269
plan's components are due or the department disapproves the plan.	40270

The department shall establish protocols that the department	40271
shall use to determine whether a county board is complying with	40272
the programmatic and financial accountability mechanisms and	40273
achieving outcomes specified its approved plan. If the department	40274
determines that a county board is not in compliance with the	40275
mechanisms or achieving the outcomes specified in its approved	40276
plan, the department may take action under division (G) of	40277
section 5726.055 of the Revised Code.	40278

Sec. 5123.047. (A) The department of mental retardation and	40279
developmental disabilities shall pay the nonfederal share of	40280
medicaid expenditures for habilitation center services provided to	40281
an individual with mental retardation or other developmental	40282
disability unless section 5111.041 of the Revised Code requires a	40283
county board of mental retardation and developmental disabilities	40284
or a school district to pay the nonfederal share.	40285

(B) The department shall pay the nonfederal share of	40286
medicaid expenditures for medicaid case management services if	40287
either of the following apply:	40288

(1) The services are provided to an individual with mental	40289
retardation or other developmental disability who a county board	40290
has determined under section 5126.041 of the Revised Code is not	40291
eligible for county board services;	40292

(2) The services are provided to an individual with mental	40293
retardation or other developmental disability by a public or	40294
private agency with which the department has contracted under	40295
section 5123.56 of the Revised Code to provide protective services	40296
to the individual.	40297

(C) The department shall pay the nonfederal share of	40298
medicaid expenditures for home and community-based services if	40299
either of the following apply:	40300

(1) The services are provided to an individual with mental	40301
retardation or other developmental disability who a county board	40302
has determined under section 5126.041 of the Revised Code is not	40303
eligible for county board services;	40304

(2) The services are provided to an individual with mental	40305
retardation or other developmental disability given priority for	40306
the services pursuant to division (D)(2)(d) of section 5126.042 of	40307
the Revised Code.	40308

Sec. 5123.048. (A) For state fiscal year 2002, the	40309
department of mental retardation and developmental disabilities	40310
shall assign to a county board of mental retardation and	40311
developmental disabilities the nonfederal share of medicaid	40312
expenditures for habilitation center services that a private	40313
habilitation center provides if all of the following apply:	40314

(1) The individuals who receive the services also received	40315
the services from the center pursuant to a contract the center had	40316
with the department in state fiscal year 2001;	40317

(2) The county board determined under section 5126.041 of	40318
the Revised Code that the individuals who receive the services are	40319
eligible for county board services;	40320

(3) The county board contracts with the center to provide	40321
the services after the center's contract with the department ends.	40322

(B) The department shall also make the assignment under	40323
division (A) of this section for each successive state fiscal year	40324
that the county board contracts with the private habilitation	40325
center to provide the habilitation center services to the	40326
individuals who received the services pursuant to the contract the	40327
department had with the center in state fiscal year 2001.	40328

(C) The amount the department shall assign under	40329
divisions (A) and (B) of this section shall be adequate to ensure	40330
that the habilitation center services the individuals receive are	40331
comparable in scope to the habilitation center services they	40332
received when the private habilitation center was under contract	40333
with the department. The amount that the department assigns shall	40334
not be less than the amount the department paid the private	40335
habilitation center for the individuals under the contract the	40336
department had with the center in fiscal year 2001.	40337

(D) A county board shall use the assignment it receives	40338
under divisions (A) and (B) of this section to pay the nonfederal	40339
share of the medicaid expenditures for the habilitation center	40340
services the county board is required by division (D) of section	40341
5111.041 of the Revised Code to pay.	40342

Sec. 5123.049. The director of mental retardation and	40343
developmental disabilities shall adopt rules in accordance with	40344
Chapter 119. of the Revised Code governing the authorization and	40345
payment of home and community-based services, medicaid case	40346
management services, and habilitation center services. The rules	40347
shall provide for private providers of the services to receive one	40348
hundred per cent of the medicaid allowable payment amount and for	40349
government providers of the services to receive the federal share	40350
of the medicaid allowable payment, less the amount withheld as a	40351
fee under section 5123.0412 of the Revised Code and any amount	40352
that may be required by rules adopted under section 5123.0413 of	40353
the Revised Code to be deposited into the state MR/DD risk fund.	40354
The rules shall establish the process by which county boards of	40355
mental retardation and developmental disabilities shall certify	40356
and provide the nonfederal share of medicaid expenditures that the	40357
county board is required by division (A) of section 5126.056 of	40358
the Revised Code to pay. The process shall require a county board	40359
to certify that the county board has funding available at one time	40360
for two months costs for those expenditures. The process may	40361
permit a county board to certify that the county board has funding	40362
available at one time for more than two months costs for those	40363
expenditures.	40364

Sec. 5123.0410. An individual with mental retardation or	40365
other developmental disability who moves from one county in this	40366
state to another county in this state shall receive home and	40367
community-based services in the new county that are comparable in	40368
scope to the home and community-based services the individual	40369
receives in the prior county at the time the individual moves. If	40370
the county board serving the county to which the individual moves	40371
determines under section 5126.041 of the Revised Code that the	40372
individual is eligible for county board services, the county board	40373
shall ensure that the individual receives the comparable services.	40374
If the county board determines that the individual is not eligible	40375
for county board services, the department of mental retardation	40376
and developmental disabilities shall ensure that the individual	40377
receives the comparable services.	40378

If the home and community-based services that the	40379
individual receives at the time the individual moves include	40380
supported living or residential services, the department shall	40381
reduce the amount the department allocates to the county board	40382
serving the county the individual left for those supported living	40383
or residential services by an amount that equals the payment the	40384
department authorizes or projects, or both, for those supported	40385
living or residential services from the last day the individual	40386
resides in the county to the last day of the state fiscal year in	40387
which the individual moves. The department shall increase the	40388
amount the department allocates to the county board serving the	40389
county the individual moves to by the same amount. The department	40390
shall make the reduction and increase effective the day the	40391
department determines the individual has residence in the new	40392
county. The department shall determine the amount that is to be	40393
reduced and increased in accordance with the department's rules	40394
for authorizing payments for home and community-based services	40395
established adopted under section 5123.049 of the Revised Code.	40396
The department shall annualize the reduction and increase for the	40397
subsequent state fiscal year as necessary.	40398

Sec. 5123.0411. The department of mental retardation and	40399
developmental disabilities may bring a mandamus action against a	40400
county board of mental retardation and developmental disabilities	40401
that fails to pay the nonfederal share of medicaid expenditures	40402
that the county board is required by division (A) of section	40403
5126.056 of the Revised Code to pay. The department may bring the	40404
mandamus action in the court of common pleas of the county served	40405
by the county board or in the Franklin county court of common	40406
pleas.	40407

Sec. 5123.0412. (A) The department of mental retardation and	40408
developmental disabilities shall charge each county board of	40409
mental retardation and developmental disabilities an annual fee	40410
equal to one per cent of the total value of all medicaid paid	40411
claims for medicaid case management services and home and	40412
community-based services for which the county board contracts or	40413
provides itself. No county board shall pass the cost of a fee	40414
charged to the county board under this section on to a person or	40415
government entity with which the county board contracts to provide	40416
the services.	40417

(B) The fees collected under this section shall be	40418
deposited into the ODMR/DD administration and oversight fund and	40419
the ODJFS administration and oversight fund, both of which are	40420
hereby created in the state treasury. The portion of the fees to	40421
be deposited into the ODMR/DD administration and oversight fund	40422
and the portion of the fees to be deposited into the ODJFS	40423
administration and oversight fund shall be the portion specified	40424
in an interagency agreement entered into under division (C) of	40425
this section. The department of mental retardation and	40426
developmental disabilities shall use the money in the ODMR/DD	40427
administration and oversight fund and the department of job and	40428
family services shall use the money in the ODJFS administration	40429
and oversight fund for both of the following purposes:	40430

(1) The administrative and oversight costs of habilitation	40431
center services, medicaid case management services, and home or	40432
community-based services that a county board develops and monitors	40433
and the county board or a person or government entity under	40434
contract with the county board provides. The administrative and	40435
oversight costs shall include costs for staff, systems, and other	40436
resources the departments need and dedicate solely to the	40437
following duties associated with the services:	40438

(a) Eligibility determinations;

40439

(b) Training;

40440

40441

(d) Claims processing;

40442

(e) Quality assurance oversight;

40443

(f) Other duties the departments identify.

40444

(2) Providing technical support to county boards' local	40445
administrative authority under section 5126.055 of the Revised	40446
Code for the services.	40447

(C) The departments of mental retardation and developmental	40448
disabilities and job and family services shall enter into an	40449
interagency agreement to do both of the following:	40450

(1) Specify which portion of the fees collected under this	40451
section is to be deposited into the ODMR/DD administration and	40452
oversight fund and which portion is to be deposited into the	40453
ODJFS administration and oversight fund;	40454

(2) Provide for the departments to coordinate the staff	40455
whose costs are paid for with money in the ODMR/DD administration	40456
and oversight fund and the ODJFS administration and oversight	40457
fund.	40458

(D) The departments shall submit an annual report to the	40459
director of budget and management certifying how the departments	40460
spent the money in the ODMR/DD administration and oversight fund	40461
and the ODJFS administration and oversight fund for the purposes	40462
specified in division (B) of this section.	40463

Sec. 5123.0413. (A) The department of mental retardation and	40464
developmental disabilities, in consultation with the department of	40465
job and family services, office of budget and management, and	40466
county boards of mental retardation and developmental	40467
disabilities, shall adopt rules in accordance with Chapter 119. of	40468
the Revised Code no later than January 1, 2002, establishing a	40469
method of paying for extraordinary costs, including extraordinary	40470
costs for services to individuals with mental retardation or other	40471
developmental disability, and ensure the availability of adequate	40472
funds in the event a county property tax levy for services for	40473
individuals with mental retardation or other developmental	40474
disability fails. The rules may provide for using and managing one	40475
or more of the following:	40476

(1) County MR/DD medicaid reserve funds established in	40477
accordance with section 5705.091 of the Revised Code;	40478

(2) A state MR/DD risk fund, which is hereby created in the	40479
state treasury;	40480

(3) A state insurance against MR/DD risk fund, which is	40481
hereby created in the state treasury.	40482

(B) Beginning January 1, 2002, the department of job and	40483
family services may not request approval from the United States	40484
secretary of health and human services to increase the number of	40485
slots for home and community-based services until the rules	40486
required by division (A) of this section are in effect.	40487

Sec. 5123.082. (A) The director of mental retardation and	40488
developmental disabilities shall adopt rules in accordance with	40489
Chapter 119. of the Revised Code:	40490

(1) Designating positions of employment for which the	40491
director determines that certification or evidence of registration	40492
is required as a condition of employment in the department of	40493
mental retardation and developmental disabilities, entities that	40494
contract with the department or county boards of mental	40495
retardation and developmental disabilities to operate programs or	40496
provide services to persons with mental retardation and	40497
developmental disabilities, or other positions of employment in	40498
programs that serve those persons;. The rules shall designate the	40499
position of investigative agent, as defined in section 5126.20 of	40500
the Revised Code, as a position for which certification is	40501
required.	40502

(2) Establishing levels of certification or registration for	40503
each position for which certification or registration is required;	40504

(3) Establishing for each level of each position the	40505
requirements that must be met to obtain certification or	40506
registration, including standards regarding education, specialized	40507
training, and experience. The standards shall take into account	40508
the nature and needs of persons with mental retardation or a	40509
developmental disability and the specialized techniques needed to	40510
serve them. The requirements for an investigative agent shall be	40511
the same as the certification requirements for an investigative	40512
agent under section 5126.25 of the Revised Code.	40513

(4) Establishing renewal schedules and renewal requirements	40514
for certification and registration, including standards regarding	40515
education, specialized training, and experience;. The renewal	40516
requirements for an investigative agent shall be the same as the	40517
renewal requirements for an investigative agent under section	40518
5126.25 of the Revised Code.	40519

(5) Establishing procedures for denial, suspension, and	40520
revocation of a certificate or evidence of registration, including	40521
appeal procedures;	40522

(6) Establishing other requirements needed to carry out this	40523
section.	40524

(B) The director shall issue, renew, deny, suspend, or	40525
revoke a certificate or evidence of registration in accordance	40526
with rules adopted under this section. The director shall deny,	40527
suspend, or revoke a certificate or evidence of registration if	40528
the director finds, pursuant to an adjudication conducted in	40529
accordance with Chapter 119. of the Revised Code, that an	40530
applicant for or holder of a certificate or evidence of	40531
registration is guilty of intemperate, immoral, or other conduct	40532
unbecoming to the applicant's or holder's position, or is guilty	40533
of incompetence or negligence within the scope of the applicant's	40534
or holder's duties. The director shall deny or revoke a	40535
certificate or evidence of registration after the director finds,	40536
pursuant to an adjudication conducted in accordance with Chapter	40537
119. of the Revised Code, that the applicant for or holder of the	40538
certificate or evidence of registration has been convicted of or	40539
pleaded guilty to any of the offenses listed or described in	40540
division (E) of section 5126.28 of the Revised Code, unless the	40541
individual meets standards for rehabilitation that the director	40542
establishes in the rules adopted under that section. Evidence	40543
supporting such allegations must be presented to the director in	40544
writing, and the director shall provide prompt notice of the	40545
allegations to the person who is the subject of the allegations. A	40546
denial, suspension, or revocation may be appealed in accordance	40547
with the procedures established in rules adopted under this	40548
section.	40549

(C) A person holding a valid certificate or evidence of	40550
registration under this section on the effective date of any rules	40551
adopted under this section that increase the certification or	40552
registration standards shall have the period that the rules	40553
prescribe, but not less than one year after the effective date of	40554
the rules, to meet the new standards.	40555

(D) No person shall be employed in a position for which	40556
certification or registration is required under rules adopted	40557
under this section, unless the person holds a valid certificate or	40558
evidence of registration for the position.	40559

Sec. 5123.60. (A) A legal rights service is hereby created	40560
and established to protect and advocate the rights of mentally ill	40561
persons, mentally retarded persons, developmentally disabled	40562
persons, and other disabled persons who may be represented by the	40563
service pursuant to division (L) of this section; to receive and	40564
act upon complaints concerning institutional and hospital	40565
practices and conditions of institutions for mentally retarded or	40566
developmentally disabled persons and hospitals for the mentally	40567
ill; and to assure that all persons detained, hospitalized,	40568
discharged, or institutionalized, and all persons whose detention,	40569
hospitalization, discharge, or institutionalization is sought or	40570
has been sought under this chapter or Chapter 5122. of the Revised	40571
Code are fully informed of their rights and adequately represented	40572
by counsel in proceedings under this chapter or Chapter 5122. of	40573
the Revised Code and in any proceedings to secure the rights of	40574
~~such~~ those persons. Notwithstanding the definitions of "mentally	40575
retarded person" and "developmentally disabled person" in section	40576
5123.01 of the Revised Code, the legal rights service shall	40577
determine who is a mentally retarded or developmentally disabled	40578
person for purposes of this section and sections 5123.601 to	40579
5123.604 of the Revised Code.	40580

(B) In regard to those persons detained, hospitalized, or	40581
institutionalized under Chapter 5122. of the Revised Code, the	40582
legal rights service shall undertake formal representation only of	40583
those persons who are involuntarily detained, hospitalized, or	40584
institutionalized pursuant to sections 5122.10 to 5122.15 of the	40585
Revised Code, and those voluntarily detained, hospitalized, or	40586
institutionalized who are minors, who have been adjudicated	40587
incompetent, who have been detained, hospitalized, or	40588
institutionalized in a public hospital, or who have requested	40589
representation by the legal rights service. If a person referred	40590
to in division (A) of this section voluntarily requests in writing	40591
that the legal rights service terminate participation in the	40592
person's case, such involvement shall cease.	40593

(C) Any person voluntarily hospitalized or institutionalized	40594
in a public hospital under division (A) of section 5122.02 of the	40595
Revised Code, after being fully informed of the person's rights	40596
~~pursuant to~~ under division (A) of this section, may, by written	40597
request, waive assistance by the legal rights service if the	40598
waiver is knowingly and intelligently made, without duress or	40599
coercion.	40600

The waiver may be rescinded at any time by the voluntary	40601
patient or resident, or by the voluntary patient's or resident's	40602
legal guardian.	40603

(D)(1) The legal rights service commission is hereby created	40604
for the purposes of appointing an administrator of the legal	40605
rights service, advising the administrator, assisting the	40606
administrator in developing a budget, and establishing general	40607
policy guidelines for the legal rights service. The commission	40608
may receive and act upon appeals of personnel decisions by the	40609
administrator.	40610

(2) The commission shall consist of seven members. One	40611
member, who shall serve as chairperson, shall be appointed by the	40612
chief justice of the supreme court, three members shall be	40613
appointed by the speaker of the house of representatives, and	40614
three members shall be appointed by the president of the senate.	40615
At least two members shall have experience in the field of	40616
developmental disabilities, and at least two members shall have	40617
experience in the field of mental health. No member shall be a	40618
provider or related to a provider of services to mentally	40619
retarded, developmentally disabled, or mentally ill persons. ~~Terms~~	40620

(3) Terms of office of the members of the commission shall	40621
be for three years, each term ending on the same day of the month	40622
of the year as did the term which it succeeds. Each member shall	40623
serve subsequent to the expiration of the member's term until a	40624
successor is appointed and qualifies, or until sixty days has	40625
elapsed, whichever occurs first. ~~All~~ No member shall serve more	40626
than two consecutive terms.	40627

All vacancies in the membership of the commission shall be	40628
filled in the manner prescribed for ~~the~~ regular appointments to	40629
the commission and shall be limited to the unexpired terms. No	40630
~~member shall serve more than two consecutive terms.~~	40631

(4) The commission shall meet at least four times each year.	40632
Members shall be reimbursed for their necessary and actual	40633
expenses incurred in the performance of their official duties.	40634

(5) The administrator of the legal rights service shall be	40635
appointed for a five-year term, subject to removal for mental or	40636
physical incapacity to perform the duties of the office,	40637
conviction of violation of any law relating to the administrator's	40638
powers and duties, or other good cause shown.	40639

The administrator shall be a person who has had special	40640
training and experience in the type of work with which the legal	40641
rights service is charged. If the administrator is not an	40642
attorney, the administrator shall seek legal counsel when	40643
appropriate. The salary of the administrator shall be established	40644
in accordance with section 124.14 of the Revised Code.	40645

(E) The legal rights service shall be completely independent	40646
of the department of mental health and the department of mental	40647
retardation and developmental disabilities and, notwithstanding	40648
section 109.02 of the Revised Code, shall also be independent of	40649
the office of the attorney general. The administrator of the	40650
legal rights service, staff, and attorneys designated by the	40651
administrator to represent persons detained, hospitalized, or	40652
institutionalized under this chapter or Chapter 5122. of the	40653
Revised Code shall have ready access to the following:	40654

(1) During normal business hours and at other reasonable	40655
times, to all records relating to expenditures of state and	40656
federal funds or to the commitment, care, treatment, and	40657
habilitation of all persons represented by the legal rights	40658
service, including those who may be represented pursuant to	40659
division (L) of this section, or persons detained, hospitalized,	40660
institutionalized, or receiving services under this chapter or	40661
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	40662
records maintained by the following entities providing services	40663
for those persons: departments; institutions; hospitals;	40664
community residential facilities; boards of alcohol, drug	40665
addiction, and mental health services; county boards of mental	40666
retardation and developmental disabilities; contract agencies of	40667
those boards; and any other entity providing services to persons	40668
who may be represented by the service pursuant to division (L) of	40669
this section;	40670

(2) ~~To any~~ Any records maintained in computerized data banks	40671
of the departments or boards or, in the case of persons who may be	40672
represented by the service pursuant to division (L) of this	40673
section, any other entity that provides services to those persons;	40674

(3) During their normal working hours, to personnel of the	40675
departments, facilities, boards, agencies, institutions,	40676
hospitals, and other service-providing entities;	40677

(4) At any time, to all persons detained, hospitalized, or	40678
institutionalized; persons receiving services under this chapter	40679
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	40680
persons who may be represented by the service pursuant to division	40681
(L) of this section.	40682

(F) The administrator of the legal rights service shall do	40683
the following:	40684

(1) Administer and organize the work of the legal rights	40685
service and establish administrative or geographic divisions as	40686
the administrator considers necessary, proper, and expedient;	40687

(2) Adopt and promulgate rules and prescribe duties for the	40688
efficient conduct of the business and general administration of	40689
the legal rights service;	40690

(3) Appoint and discharge employees, and hire ~~such~~ experts,	40691
consultants, advisors, or other professionally qualified persons	40692
as the administrator considers necessary to carry out the duties	40693
of the legal rights service;	40694

(4) Apply for and accept grants of funds, and accept	40695
charitable gifts and bequests;	40696

(5) Prepare and submit a budget to the general assembly for	40697
the operation of the legal rights service;	40698

(6) Enter into contracts and make ~~such~~ expenditures ~~as are~~	40699
necessary for the efficient operation of the legal rights service;	40700

(7) Annually prepare a report of activities and submit	40701
copies of the report to the governor, the chief justice of the	40702
supreme court, the president of the senate, the speaker of the	40703
house of representatives, the director of mental health, and the	40704
director of mental retardation and developmental disabilities, and	40705
make the report available to the public.	40706

(G) The legal rights service may act directly or contract	40707
with other organizations or individuals for the provision of the	40708
services envisioned under this section. Whenever possible, the	40709
administrator shall attempt to facilitate the resolution of	40710
complaints through administrative channels. If attempts at	40711
administrative resolution prove unsatisfactory, the administrator	40712
may pursue any legal, administrative, and other appropriate	40713
remedies or approaches that may be necessary to accomplish the	40714
purposes of this section if the remedies or approaches are	40715
approved by an affirmative vote of at least four members of the	40716
commission. Relationships between personnel and the agents of the	40717
legal rights service and its clients shall be fiduciary	40718
relationships, and all communications shall be confidential, as if	40719
between attorney and client.	40720

(H) The legal rights service, on the order of the	40721
administrator, with the approval by an affirmative vote of at	40722
least four members of the commission, may compel by subpoena the	40723
appearance and sworn testimony of any person the administrator	40724
reasonably believes may be able to provide information or to	40725
produce any documents, books, records, papers, or other	40726
information necessary to carry out its duties.	40727

(I) The legal rights service may conduct public hearings.

40728

(J) The legal rights service may request from any	40729
governmental agency any cooperation, assistance, services, or data	40730
that will enable it to perform its duties.	40731

(K) In any malpractice action filed against the	40732
administrator of the legal rights service, a member of the staff	40733
of the legal rights service, or an attorney designated by the	40734
administrator to perform legal services under division (E) of this	40735
section, the state shall, when the administrator, member, or	40736
attorney has acted in good faith and in the scope of employment,	40737
indemnify the administrator, member, or attorney for any judgment	40738
awarded or amount negotiated in settlement, and for any court	40739
costs or legal fees incurred in defense of the claim.	40740

This division does not limit or waive, and shall not be	40741
construed to limit or waive, any defense that is available to the	40742
legal rights service, its administrator or employees, persons	40743
under a personal services contract with it, or persons designated	40744
under division (E) of this section, including, but not limited to,	40745
any defense available under section 9.86 of the Revised Code.	40746

(L) In addition to providing services to mentally ill,	40747
mentally retarded, or developmentally disabled persons, when a	40748
grant authorizing the provision of services to other individuals	40749
is accepted pursuant to division (F)(4) of this section, the legal	40750
rights service and its ombudsperson section may provide advocacy	40751
or ombudsperson services to those other individuals and exercise	40752
any other authority granted by this section or sections 5123.601	40753
to 5123.604 of the Revised Code on behalf of those individuals.	40754
Determinations of whether an individual is eligible for services	40755
under this division shall be made by the legal rights service.	40756

Sec. 5123.71. (A)(1) Proceedings for the involuntary	40757
institutionalization of a person pursuant to sections 5123.71 to	40758
5123.76 of the Revised Code shall be commenced by the filing of an	40759
affidavit with the probate division of the court of common pleas	40760
of the county where the person ~~person's is located~~ resides or	40761
where the person is institutionalized, in the manner and form	40762
prescribed by the department of mental retardation and	40763
developmental disabilities either on information or actual	40764
knowledge, whichever is determined to be proper by the court. The	40765
affidavit may be filed only by a person who has custody of the	40766
individual as a parent, guardian, or service provider or by a	40767
person acting on behalf of the department or a county board of	40768
mental retardation and developmental disabilities. This section	40769
does not apply regarding the institutionalization of a person	40770
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the	40771
Revised Code.	40772

The affidavit shall contain an allegation setting forth the	40773
specific category or categories under division ~~(L)~~(P) of section	40774
5123.01 of the Revised Code upon which the commencement of	40775
proceedings is based and a statement of the factual ground for the	40776
belief that the person is a mentally retarded person subject to	40777
institutionalization by court order. Except as provided in	40778
division (A)(2) of this section, the affidavit shall be	40779
accompanied by both of the following:	40780

(a) A comprehensive evaluation report prepared by the	40781
person's evaluation team that includes a statement by the members	40782
of the team certifying that they have performed a comprehensive	40783
evaluation of the person and that they are of the opinion that the	40784
person is a mentally retarded person subject to	40785
institutionalization by court order;	40786

(b) An assessment report prepared by the county board of	40787
mental retardation and developmental disabilities under section	40788
5123.711 of the Revised Code specifying that the individual is in	40789
need of services on an emergency or priority basis.	40790

(2) A In lieu of the comprehensive evaluation report, the	40791
affidavit may be accompanied by a written and sworn statement that	40792
the person or the guardian of a person adjudicated incompetent has	40793
refused to allow a comprehensive evaluation and county board	40794
assessment and assessment reports. Immediately after accepting an	40795
affidavit that is not accompanied by the reports of a	40796
comprehensive evaluation and county board assessment, the court	40797
shall cause a comprehensive evaluation and county board assessment	40798
of the person named in the affidavit to be performed. The	40799
evaluation shall be conducted in the least restrictive environment	40800
possible and the assessment shall be conducted in the same manner	40801
as assessments conducted under section 5123.711 of the Revised	40802
Code. The evaluation and assessment must be completed before a	40803
probable cause hearing or full hearing may be held under section	40804
5123.75 or 5123.76 of the Revised Code.	40805

A written report of the evaluation team's findings and the	40806
county board's assessment shall be filed with the court. The	40807
reports shall, consistent with the rules of evidence, be accepted	40808
as probative evidence in any proceeding under section 5123.75 or	40809
5123.76 of the Revised Code. If the counsel for the person who is	40810
evaluated or assessed is known, the court shall send to the	40811
counsel a copy of the reports as soon as possible after they are	40812
filed and prior to any proceedings under section 5123.75 or	40813
5123.76 of the Revised Code.	40814

(B) ~~, if the division may the,,~~ Any person who is	40815
involuntarily detained in an institution or otherwise is in	40816
custody under this chapter shall be informed ~~the person~~ of the	40817
right to do the following:	40818

(1) Immediately make a reasonable number of telephone calls	40819
or use other reasonable means to contact an attorney, a physician,	40820
or both, to contact any other person or persons to secure	40821
representation by counsel, or to obtain medical assistance, and be	40822
provided assistance in making calls if the assistance is needed	40823
and requested;	40824

(2) Retain counsel and have independent expert evaluation	40825
and, if the person is an indigent person, be represented by	40826
court-appointed counsel and have independent expert evaluation at	40827
court expense;	40828

(3) Upon request, have a hearing to determine whether there	40829
is probable cause to believe that the person is a mentally	40830
retarded person subject to institutionalization by court order.	40831

(C) No person who is being treated by spiritual means	40832
through prayer alone in accordance with a recognized religious	40833
method of healing may be ordered detained or involuntarily	40834
committed unless the court has determined that the person	40835
represents a very substantial risk of self-impairment,	40836
self-injury, or impairment or injury to ~~self to~~ others.	40837

Sec. 5123.76. (A) The full hearing shall be conducted in a	40838
manner consistent with the procedures outlined in this chapter and	40839
with due process of law. The hearing shall be held by a judge of	40840
the probate division or, upon transfer by the judge of the probate	40841
division, by another judge of the court of common pleas, or a	40842
referee designated by the judge of the probate division. Any	40843
referee designated by the judge of the probate division must be an	40844
attorney.	40845

(1) The following shall be made available to counsel for the	40846
respondent:	40847

(a) All relevant documents, information, and evidence in the	40848
custody or control of the state or prosecutor;	40849

(b) All relevant documents, information, and evidence in the	40850
custody or control of the institution, facility, or program in	40851
which the respondent currently is held or in which the respondent	40852
has been held pursuant to these proceedings;	40853

(c) With the consent of the respondent, all relevant	40854
documents, information, and evidence in the custody or control of	40855
any institution or person other than the state.	40856

(2) The respondent has the right to be represented by	40857
counsel of the respondent's choice and has the right to attend the	40858
hearing except if unusual circumstances of compelling medical	40859
necessity exist that render the respondent unable to attend and	40860
the respondent has not expressed a desire to attend.	40861

(3) If the respondent is not represented by counsel and the	40862
court determines that the conditions specified in division (A)(2)	40863
of this section justify the respondent's absence and the right to	40864
counsel has not been validly waived, the court shall appoint	40865
counsel forthwith to represent the respondent at the hearing,	40866
reserving the right to tax costs of appointed counsel to the	40867
respondent unless it is shown that the respondent is indigent. If	40868
the court appoints counsel, or if the court determines that the	40869
evidence relevant to the respondent's absence does not justify the	40870
absence, the court shall continue the case.	40871

(4) The respondent shall be informed of the right to retain	40872
counsel, to have independent expert evaluation, and, if an	40873
indigent person, to be represented by court appointed counsel and	40874
have expert independent evaluation at court expense.	40875

(5) The hearing may be closed to the public unless counsel	40876
for the respondent requests that the hearing be open to the	40877
public.	40878

(6) Unless objected to by the respondent, the respondent's	40879
counsel, or the designee of the director of mental retardation and	40880
developmental disabilities, the court, for good cause shown, may	40881
admit persons having a legitimate interest in the proceedings.	40882

(7) The affiant under section 5123.71 of the Revised Code	40883
shall be subject to subpoena by either party.	40884

(8) The court shall examine the sufficiency of all documents	40885
filed and shall inform the respondent, if present, and the	40886
respondent's counsel of the nature of the content of the documents	40887
and the reason for which the respondent is being held or for which	40888
the respondent's placement is being sought.	40889

(9) The court shall receive only relevant, competent, and	40890
material evidence.	40891

(10) The designee of the director shall present the evidence	40892
for the state. In proceedings under this chapter, the attorney	40893
general shall present the comprehensive evaluation, assessment,	40894
diagnosis, prognosis, record of habilitation and care, if any, and	40895
less restrictive habilitation plans, if any. The attorney general	40896
does not have a similar presentation responsibility in connection	40897
with a person who has been found not guilty by reason of insanity	40898
and who is the subject of a hearing under section 2945.40 of the	40899
Revised Code to determine whether the person is a mentally	40900
retarded person subject to institutionalization by court order.	40901

(11) The respondent has the right to testify and the	40902
respondent or the respondent's counsel has the right to subpoena	40903
witnesses and documents and to present and cross-examine	40904
witnesses.	40905

(12) The respondent shall not be compelled to testify and	40906
shall be so advised by the court.	40907

(13) On motion of the respondent or the respondent's counsel	40908
for good cause shown, or upon the court's own motion, the court	40909
may order a continuance of the hearing.	40910

(14) To an extent not inconsistent with this chapter, the	40911
Rules of Civil Procedure shall be applicable.	40912

(B) Unless, upon completion of the hearing, the court finds	40913
by clear and convincing evidence that the respondent named in the	40914
affidavit is a mentally retarded person subject to	40915
institutionalization by court order, it shall order the	40916
respondent's discharge forthwith.	40917

(C) If, upon completion of the hearing, the court finds by	40918
clear and convincing evidence that the respondent is a mentally	40919
retarded person subject to institutionalization by court order,	40920
the court may order the respondent's discharge or order the	40921
respondent, for a period not to exceed ninety days, to any of the	40922
following:	40923

(1) A public institution, provided that commitment of the	40924
respondent to the institution will not cause the institution to	40925
exceed its licensed capacity determined in accordance with section	40926
5123.19 of the Revised Code and provided that such a placement is	40927
indicated by the comprehensive evaluation report filed pursuant to	40928
section 5123.71 of the Revised Code;	40929

(2) A private institution;

40930

(3) A county mental retardation program;

40931

(4) Receive private habilitation and care;

40932

(5) Any other suitable facility, program, or the care of any	40933
person consistent with the comprehensive evaluation, assessment,	40934
diagnosis, prognosis, and habilitation needs of the respondent.	40935

(D) Any order made pursuant to division (C)(2), (4), or (5)	40936
of this section shall be conditional upon the receipt by the court	40937
of consent by the facility, program, or person to accept the	40938
respondent.	40939

(E) In determining the place to which, or the person with	40940
whom, the respondent is to be committed, the court shall consider	40941
the comprehensive evaluation, assessment, diagnosis, and projected	40942
habilitation plan for the respondent, and shall order the	40943
implementation of the least restrictive alternative available and	40944
consistent with habilitation goals.	40945

(F) If, at any time it is determined by the director of the	40946
facility or program to which, or the person to whom, the	40947
respondent is committed that the respondent could be equally well	40948
habilitated in a less restrictive environment that is available,	40949
the following shall occur:	40950

(1) The respondent shall be released by the director of the	40951
facility or program or by the person forthwith and referred to the	40952
court together with a report of the findings and recommendations	40953
of the facility, program, or person.	40954

(2) The director of the facility or program or the person	40955
shall notify the respondent's counsel and the designee of the	40956
director of mental retardation and developmental disabilities.	40957

(3) The court shall dismiss the case or order placement in	40958
the less restrictive environment.	40959

(G)(1) Except as provided in divisions (G)(2) and (3) of	40960
this section, any person who has been committed under this section	40961
may apply at any time during the ninety-day period for voluntary	40962
admission to an institution under section 5123.69 of the Revised	40963
Code. Upon admission of a voluntary resident, the managing	40964
officer immediately shall notify the court, the respondent's	40965
counsel, and the designee of the director in writing of that fact	40966
by mail or otherwise, and, upon receipt of the notice, the court	40967
shall dismiss the case. ~~is admitted~~	40968

(2) ~~admitted~~ A person who is found incompetent to stand trial	40969
or not guilty by reason of insanity and who is committed pursuant	40970
to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	40971
Code shall not be voluntarily admitted to an institution pursuant	40972
to division (G)(1) of this section until after the termination of	40973
the commitment, as described in division (J) of section 2945.401	40974
of the Revised Code.	40975

(H) If, at the end of any commitment period, the respondent	40976
has not already been discharged or has not requested voluntary	40977
admission status, the director of the facility or program, or the	40978
person to whose care the respondent has been committed, shall	40979
discharge the respondent forthwith, unless at least ten days	40980
before the expiration of that period the designee of the director	40981
of mental retardation and developmental disabilities or the	40982
prosecutor files an application with the court requesting	40983
continued commitment.	40984

(1) An application for continued commitment shall include a	40985
written report containing a current comprehensive evaluation and	40986
assessment, a diagnosis, a prognosis, an account of progress and	40987
past habilitation, and a description of alternative habilitation	40988
settings and plans, including a habilitation setting that is the	40989
least restrictive setting consistent with the need for	40990
habilitation. A copy of the application shall be provided to	40991
respondent's counsel. The requirements for notice under section	40992
5123.73 of the Revised Code and the provisions of divisions (A) to	40993
(E) of this section apply to all hearings on such applications.	40994

(2) A hearing on the first application for continued	40995
commitment shall be held at the expiration of the first ninety-day	40996
period. The hearing shall be mandatory and may not be waived.	40997

(3) Subsequent periods of commitment not to exceed one	40998
hundred eighty days each may be ordered by the court if the	40999
designee of the director of mental retardation and developmental	41000
disabilities files an application for continued commitment, after	41001
a hearing is held on the application or without a hearing if no	41002
hearing is requested and no hearing required under division (H)(4)	41003
of this section is waived. Upon the application of a person	41004
involuntarily committed under this section, supported by an	41005
affidavit of a licensed physician alleging that the person is no	41006
longer a mentally retarded person subject to institutionalization	41007
by court order, the court for good cause shown may hold a full	41008
hearing on the person's continued commitment prior to the	41009
expiration of any subsequent period of commitment set by the	41010
court.	41011

(4) A mandatory hearing shall be held at least every two	41012
years after the initial commitment.	41013

(5) If the court, after a hearing upon a request to continue	41014
commitment, finds that the respondent is a mentally retarded	41015
person subject to institutionalization by court order, the court	41016
may make an order pursuant to divisions (C), (D), and (E) of this	41017
section.	41018

(I) Notwithstanding the provisions of division (H) of this	41019
section, no person who is found to be a mentally retarded person	41020
subject to institutionalization by court order pursuant to	41021
division ~~(L)~~(P)(2) of section 5123.01 of the Revised Code shall be	41022
held under involuntary commitment for more than five years.	41023

(J) The managing officer admitting a person pursuant to a	41024
judicial proceeding, within ten working days of the admission,	41025
shall make a report of the admission to the department.	41026

~~entity entity entity entity~~

41027

Sec. 5126.01. As used in this chapter:

41028

(A) ~~"Adult services" means a range of habilitation services~~	41029
~~designed to meet the individual needs of persons~~ As used in this	41030
division, "adult" means an individual who ~~are~~ is eighteen years of	41031
age or over and ~~are~~ not enrolled in a program or service under	41032
Chapter 3323. of the Revised Code, and ~~of persons~~ an individual	41033
sixteen ~~and~~ or seventeen years of age who ~~are~~ is eligible for	41034
adult services under rules adopted by the director of mental	41035
retardation and developmental disabilities pursuant to Chapter	41036
119. of the Revised Code. ~~Such services may include habilitation~~	41037
~~programs and services, sheltered employment providing a structured~~	41038
~~work environment, job training, job placement, supported~~	41039
~~employment, competitive employment, and planned therapeutic and~~	41040
~~work activities providing meaningful tasks designed to improve the~~	41041
~~effectiveness or degree with which an individual meets the~~	41042
~~standards of personal independence and social responsibility~~	41043
~~expected of the individual's age and cultural group~~	41044

(1) "Adult services" means services provided to an adult	41045
outside the home, except when they are provided within the home	41046
according to an individual's assessed needs and identified in an	41047
individual service plan, that support learning and assistance in	41048
the area of self-care, sensory and motor development,	41049
socialization, daily living skills, communication, community	41050
living, social skills, or vocational skills.	41051

(2) "Adult services" includes all of the following:

41052

(a) Adult day habilitation services;

41053

(b) Adult day care;

41054

41055

(d) Educational experiences and training obtained through	41056
entities and activities that are not expressly intended for	41057
individuals with mental retardation and developmental	41058
disabilities, including trade schools, vocational or technical	41059
schools, adult education, job exploration and sampling, unpaid	41060
work experience in the community, volunteer activities, and	41061
spectator sports.	41062

(3) "Adult services" does not include community or supported	41063
employment services.	41064

(B)(1) "Adult day habilitation services" means adult	41065
services that do the following:	41066

(a) Provide access to and participation in typical	41067
activities and functions of community life that are desired and	41068
chosen by the general population, including such activities and	41069
functions as opportunities to experience and participate in	41070
community exploration, companionship with friends and peers,	41071
leisure activities, hobbies, maintaining family contacts,	41072
community events, and activities where individuals without	41073
disabilities are involved;	41074

(b) Provide supports or a combination of training and	41075
supports that afford an individual a wide variety of opportunities	41076
to facilitate and build relationships and social supports in the	41077
community.	41078

(2) "Adult day habilitation services" includes all of the	41079
following:	41080

(a) Personal care services needed to ensure an individual's	41081
ability to experience and participate in vocational services,	41082
educational services, community activities, and any other adult	41083
day habilitation services;	41084

(b) Skilled services provided while receiving adult day	41085
habilitation services, including such skilled services as behavior	41086
management intervention, occupational therapy, speech and language	41087
therapy, physical therapy, and nursing services;	41088

(c) Training and education in self-determination designed	41089
to help the individual do one or more of the following: develop	41090
self-advocacy skills, exercise the individual's civil rights,	41091
acquire skills that enable the individual to exercise control and	41092
responsibility over the services received, and acquire skills that	41093
enable the individual to become more independent, integrated, or	41094
productive in the community;	41095

(d) Recreational and leisure activities identified in the	41096
individual's service plan as therapeutic in nature or assistive in	41097
developing or maintaining social supports;	41098

(e) Transportation necessary to access adult day	41099
habilitation services;	41100

(f) Program management, as described in section 5126.14 of	41101
the Revised Code.	41102

(3) "Adult day habilitation services" does not include the	41103
following:	41104

(a) Activities that are components of the provision of	41105
residential services, family support services, or supported living	41106
services;	41107

(b) Counseling and assistance provided to obtain housing,	41108
including such counseling as identifying options for either rental	41109
or purchase, identifying financial resources, assessing needs for	41110
environmental modifications, locating housing, and planning for	41111
ongoing management and maintenance of the housing selected.	41112

(C) "Community employment services" or "supported	41113
employment services" means job training and other services related	41114
to employment outside a sheltered workshop. "Community employment	41115
services" or "supported employment services" include all of the	41116
following:	41117

(1) Job training resulting in the attainment of competitive	41118
work, supported work in a typical work environment, or	41119
self-employment;	41120

(2) Supervised work experience through an employer paid to	41121
provide the supervised work experience;	41122

(3) Ongoing work in a competitive work environment at a	41123
wage commensurate with workers without disabilities;	41124

(4) Ongoing supervision by an employer paid to provide the	41125
supervision.	41126

(D) As used in this division, "substantial functional	41127
limitation," "developmental delay," and "established risk" have	41128
the meanings established pursuant to section 5123.011 of the	41129
Revised Code.	41130

"Developmental disability" means a severe, chronic disability	41131
that is characterized by all of the following:	41132

(1) It is attributable to a mental or physical impairment or	41133
a combination of mental and physical impairments, other than a	41134
mental or physical impairment solely caused by mental illness as	41135
defined in division (A) of section 5122.01 of the Revised Code;	41136

(2) It is manifested before age twenty-two;

41137

(3) It is likely to continue indefinitely;

41138

(4) It results in one of the following:

41139

(a) In the case of a person under age three, at least one	41140
developmental delay or an established risk;	41141

(b) In the case of a person at least age three but under age	41142
six, at least two developmental delays or an established risk;	41143

(c) In the case of a person age six or older, a substantial	41144
functional limitation in at least three of the following areas of	41145
major life activity, as appropriate for the person's age:	41146
self-care, receptive and expressive language, learning, mobility,	41147
self-direction, capacity for independent living, and, if the	41148
person is at least age sixteen, capacity for economic	41149
self-sufficiency.	41150

(5) It causes the person to need a combination and sequence	41151
of special, interdisciplinary, or other type of care, treatment,	41152
or provision of services for an extended period of time that is	41153
individually planned and coordinated for the person.	41154

~~(C)~~(E) "Early childhood services" means a planned program of	41155
habilitation designed to meet the needs of individuals with mental	41156
retardation or other developmental disabilities who have not	41157
attained compulsory school age.	41158

~~(D)~~(F)(1) "Environmental modifications" means the physical	41159
adaptations to an individual's home, specified in the individual's	41160
service plan, that are necessary to ensure the individual's	41161
health, safety, and welfare or that enable the individual to	41162
function with greater independence in the home, and without which	41163
the individual would require institutionalization.	41164

(2) "Environmental modifications" includes such adaptations	41165
as installation of ramps and grab-bars, widening of doorways,	41166
modification of bathroom facilities, and installation of	41167
specialized electric and plumbing systems necessary to accommodate	41168
the individual's medical equipment and supplies.	41169

(3) "Environmental modifications" does not include physical	41170
adaptations or improvements to the home that are of general	41171
utility or not of direct medical or remedial benefit to the	41172
individual, including such adaptations or improvements as	41173
carpeting, roof repair, and central air conditioning.	41174

(G) "Family support services" means the services provided	41175
under a family support services program operated under section	41176
5126.11 of the Revised Code.	41177

(H) "Habilitation" means the process by which the staff of	41178
the facility or agency assists an individual with mental	41179
retardation or other developmental disability in acquiring and	41180
maintaining those life skills that enable the individual to cope	41181
more effectively with the demands of the individual's own person	41182
and environment, and in raising the level of the individual's	41183
personal, physical, mental, social, and vocational efficiency.	41184
Habilitation includes, but is not limited to, programs of formal,	41185
structured education and training.	41186

~~(E)~~(I) "Habilitation center services" means services	41187
provided by a habilitation center certified by the department of	41188
mental retardation and developmental disabilities under section	41189
5123.041 of the Revised Code and covered by the medicaid program	41190
pursuant to rules adopted under section 5111.041 of the Revised	41191
Code.	41192

(J) "Home and community-based services" means	41193
medicaid-funded home and community-based services provided under a	41194
medicaid component the department of mental retardation and	41195
developmental disabilities administers pursuant to section	41196
5111.871 of the Revised Code.	41197

(K) "Medicaid" has the same meaning as in section 5111.01	41198
of the Revised Code.	41199

(L) "Medicaid case management services" means case	41200
management services provided to an individual with mental	41201
retardation or other developmental disability that the state	41202
medicaid plan requires.	41203

(M) "Mental retardation" means a mental impairment	41204
manifested during the developmental period characterized by	41205
significantly subaverage general intellectual functioning existing	41206
concurrently with deficiencies in the effectiveness or degree with	41207
which an individual meets the standards of personal independence	41208
and social responsibility expected of the individual's age and	41209
cultural group.	41210

~~(F)~~(N) "Residential services" means services to individuals	41211
with mental retardation or other developmental disabilities to	41212
provide housing, food, clothing, habilitation, staff support, and	41213
related support services necessary for the health, safety, and	41214
welfare of the individuals and the advancement of their quality of	41215
life. "Residential services" includes program management, as	41216
described in section 5126.14 of the Revised Code.	41217

~~(G)~~(O) "Resources" means available capital and other assets,	41218
including moneys received from the federal, state, and local	41219
governments, private grants, and donations; appropriately	41220
qualified personnel; and appropriate capital facilities and	41221
equipment.	41222

~~(H)~~(P) "Service and support administration" means the duties	41223
performed by a service and support administrator pursuant to	41224
section 5126.15 of the Revised Code.	41225

(Q)(1) "Specialized medical, adaptive, and assistive	41226
equipment, supplies, and supports" means equipment, supplies, and	41227
supports that enable an individual to increase the ability to	41228
perform activities of daily living or to perceive, control, or	41229
communicate within the environment.	41230

(2) "Specialized medical, adaptive, and assistive equipment,	41231
supplies, and supports" includes the following:	41232

(a) Eating utensils, adaptive feeding dishes, plate guards,	41233
mylatex straps, hand splints, reaches, feeder seats, adjustable	41234
pointer sticks, interpreter services, telecommunication devices	41235
for the deaf, computerized communications boards, other	41236
communication devices, support animals, veterinary care for	41237
support animals, adaptive beds, supine boards, prone boards,	41238
wedges, sand bags, sidelayers, bolsters, adaptive electrical	41239
switches, hand-held shower heads, air conditioners, humidifiers,	41240
emergency response systems, folding shopping carts, vehicle lifts,	41241
vehicle hand controls, other adaptations of vehicles for	41242
accessibility, and repair of the equipment received.	41243

(b) Nondisposable items not covered by medicaid that are	41244
intended to assist an individual in activities of daily living or	41245
instrumental activities of daily living.	41246

(R) "Supportive home services" means a range of services to	41247
families of individuals with mental retardation or other	41248
developmental disabilities to develop and maintain increased	41249
acceptance and understanding of such persons, increased ability of	41250
family members to teach the person, better coordination between	41251
school and home, skills in performing specific therapeutic and	41252
management techniques, and ability to cope with specific	41253
situations.	41254

~~(I)~~(S)(1) "Supported living" means services provided for as	41255
long as twenty-four hours a day to an individual with mental	41256
retardation or other developmental disability through any public	41257
or private resources, including moneys from the individual, that	41258
enhance the individual's reputation in community life and advance	41259
the individual's quality of life by doing the following:	41260

~~(1)~~(a) Providing the support necessary to enable an	41261
individual to live in a residence of the individual's choice ~~and~~	41262
~~to choose to live alone~~, with any number of individuals who are	41263
not disabled, or with not more than three individuals with mental	41264
retardation and developmental disabilities unless the individuals	41265
are related by blood or marriage;	41266

~~(2)~~(b) Encouraging the individual's participation in the	41267
community;	41268

~~(3)~~(c) Promoting the individual's rights and autonomy;

41269

~~(4) Encouraging the increase of the individual's~~ (d)	41270
Assisting the individual in acquiring, retaining, and improving	41271
the skills and competence necessary to live successfully in the	41272
individual's residence.	41273

(2) "Supported living" includes the provision of ~~housing~~ all	41274
of the following:	41275

(a) Housing, food, clothing, habilitation, staff support,	41276
professional services, and any related support services necessary	41277
~~for~~ to ensure the health, safety, and welfare of the individual	41278
receiving the services;	41279

(b) A combination of life-long or extended-duration	41280
supervision, training, and other services essential to daily	41281
living, including assessment and evaluation and assistance with	41282
the cost of training materials, transportation, fees, and	41283
supplies;	41284

41285

(d) Household maintenance that does not include	41286
modifications to the physical structure of the residence;	41287

(e) Respite care services;

41288

(f) Program management, as described in section 5126.14 of	41289
the Revised Code.	41290

Sec. 5126.035. (A) As used in this section:

41291

(1) "Aggrieved party" means the party to a service contract	41292
that is aggrieved by an action the other party has taken or not	41293
taken under the service contract.	41294

(2) "Other party" means the party to a service contract that	41295
has taken or not taken an action under the service contract that	41296
causes the aggrieved party to implement the mediation and	41297
arbitration provisions of the service contract required by this	41298
section.	41299

(3) "Parties" mean a county board of mental retardation and	41300
developmental disabilities and a provider that have a service	41301
contract with each other.	41302

(4) "Provider" means a person or government entity that	41303
provides services to an individual with mental retardation or	41304
other developmental disability pursuant to a service contract.	41305

(5) "Service contract" means a contract between a county	41306
board of mental retardation and developmental disabilities and a	41307
provider under which the provider is to provide services to an	41308
individual with mental retardation or other developmental	41309
disability.	41310

(B) Each service contract shall provide for the parties	41311
to follow the following mediation and arbitration procedures if a	41312
party takes or does not take an action under the service contract	41313
that causes the aggrieved party to be aggrieved:	41314

(1) No later than thirty days after first notifying the	41315
other party that the aggrieved party is aggrieved by an action	41316
that the other party has or has not taken or a later date approved	41317
by the department of mental retardation and developmental	41318
disabilities, the aggrieved party shall file a written notice of	41319
mediation and arbitration with the department and provide a copy	41320
of the written notice to the other party and the department of job	41321
and family services. The written notice shall include an	41322
explanation of why the aggrieved party is aggrieved.	41323

(2) Unless otherwise agreed to by both parties, the parties	41324
shall continue to operate under the contract in the manner they	41325
have been operating until the mediation and arbitration process,	41326
including an appeal under division (B)(8) of this section, if any,	41327
is completed.	41328

(3) During the thirty days following the date the aggrieved	41329
party files the written notice of mediation and arbitration under	41330
division (B)(1) of this section, the parties may attempt to	41331
resolve the conflict informally. If the parties are able to	41332
resolve the conflict informally within this time, the aggrieved	41333
party shall rescind the written notice of mediation and	41334
arbitration filed under division (B)(1) of this section.	41335

(4) No later than thirty days after the date the aggrieved	41336
party files the written notice of mediation and arbitration under	41337
division (B)(1) of this section, the parties shall mutually select	41338
an individual to conduct the mediation and arbitration and	41339
schedule the first meeting of the mediation unless the parties	41340
informally resolve the conflict under division (B)(3) of this	41341
section. If the parties fail to select an individual to conduct	41342
the mediation and arbitration within the required time, the	41343
parties shall request that the chief justice of the supreme court	41344
of Ohio provide the parties a list of five retired judges who are	41345
willing to perform the mediation and arbitration duties. The	41346
chief justice shall create such a list and provide it to the	41347
parties. To select the retired judge to conduct the mediation and	41348
arbitration, the parties shall take turns, beginning with the	41349
aggrieved party, striking retired judges from the list. The	41350
retired judge remaining on the list after both parties have each	41351
stricken two retired judges from the list shall perform the	41352
mediation and arbitration duties, including scheduling the first	41353
meeting of mediation if the parties are unable to agree on a date	41354
for the first meeting.	41355

(5) A stenographic record or tape recording and	41356
transcript of each mediation and arbitration meeting shall be	41357
maintained as part of the mediation and arbitration's official	41358
records. The parties shall share the cost of the mediation and	41359
arbitration, including the cost of the retired judge's services	41360
but excluding the cost of representation.	41361

(6) The first mediation meeting shall be held no later than	41362
sixty days after the date the aggrieved party files the written	41363
notice of mediation and arbitration under division (B)(1) of this	41364
section unless the parties informally resolve the conflict under	41365
division (B)(3) of this section or the parties mutually agree to	41366
hold the first meeting at a later time. The mediation shall be	41367
conducted in the manner the parties mutually agree. If the	41368
parties are unable to agree on how the mediation is to be	41369
conducted, the retired judge selected under division (B)(4) of	41370
this section shall determine how it is to be conducted. The rules	41371
of evidence may be used. The retired judge shall attempt to	41372
resolve the conflict through the mediation process. The retired	41373
judge's resolution of the conflict may be applied retroactively.	41374

(7) If the conflict is not resolved through the mediation	41375
process, the retired judge shall arbitrate the conflict. The	41376
parties shall present evidence to the retired judge in the manner	41377
the retired judge requires. The retired judge shall render a	41378
written decision based on the service contract, applicable law,	41379
and the preponderance of the evidence presented during the	41380
arbitration. The retired judge's decision may be applied	41381
retroactively.	41382

(8) No later than thirty days after the retired judge	41383
renders a decision in an arbitration, the retired judge shall	41384
inform the parties of the decision and forward the decision,	41385
transcripts from each arbitration meeting, and a copy of all	41386
evidence presented to the retired judge during the arbitration to	41387
the department of mental retardation and developmental	41388
disabilities.	41389

(9) No later than thirty days after the department of	41390
mental retardation and developmental disabilities receives the	41391
retired judge's decision and the materials required by division	41392
(B)(8) of this section, the department shall adopt, reject, or	41393
modify the retired judge's decision consistent with the retired	41394
judge's findings of fact and conclusions of law or remand any	41395
portion of the decision to the retired judge for further findings	41396
on a specific factual or legal issue. On receipt of the retired	41397
judge's response to the remand, the department shall adopt,	41398
reject, or modify the retired judge's response. The department's	41399
actions regarding the retired judge's decision and response are a	41400
final adjudication order subject to appeal to the court of common	41401
pleas of Franklin county under section 119.12 of the Revised Code,	41402
except that the court shall consider only whether the conclusions	41403
of law the department adopts are in accordance with the law.	41404

(10) If the department of mental retardation and	41405
developmental disabilities, in consultation with the department of	41406
job and family services, determines no later than thirty days	41407
following the date the department of mental retardation and	41408
developmental disabilities receives the retired judge's decision	41409
and the materials required by division (B)(8) of this section,	41410
that any aspect of the conflict between the parties affects the	41411
medicaid program, the department of mental retardation and	41412
developmental disabilities shall take all actions under division	41413
(B)(9) of this section in consultation with the department of job	41414
and family services.	41415

Sec. 5126.041. (A) As used in this section:

41416

(1) "Biological risk" and "environmental risk" have the	41417
meanings established pursuant to section 5123.011 of the Revised	41418
Code.	41419

(2) "Handicapped preschool child" has the same meaning as in	41420
section 3323.01 of the Revised Code.	41421

(3) "State institution" means all or part of an institution	41422
under the control of the department of mental retardation and	41423
developmental disabilities pursuant to section 5123.03 of the	41424
Revised Code and maintained for the care, treatment, and training	41425
of the mentally retarded.	41426

(B) Except as provided in division (C) of this section, each	41427
county board of mental retardation and developmental disabilities	41428
shall make eligibility determinations in accordance with the	41429
definition of "developmental disability" in section 5126.01 of the	41430
Revised Code. Pursuant to rules the department of mental	41431
retardation and developmental disabilities shall adopt in	41432
accordance with Chapter 119. of the Revised Code, a county board	41433
may establish eligibility for programs and services for either of	41434
the following:	41435

(1) Individuals under age six who have a biological risk or	41436
environmental risk of a developmental delay;	41437

(2) Any handicapped preschool child eligible for services	41438
under section 3323.02 of the Revised Code whose handicap is not	41439
attributable solely to mental illness as defined in section	41440
5122.01 of the Revised Code.	41441

(C)(1) A county board shall make determinations of	41442
eligibility for ~~case management services~~ service and support	41443
administration in accordance with rules adopted under section	41444
~~5126.15~~ 5126.08 of the Revised Code.	41445

(2) All persons who were eligible for services and enrolled	41446
in programs offered by a county board of mental retardation and	41447
developmental disabilities pursuant to this chapter on July 1,	41448
1991, shall continue to be eligible for those services and to be	41449
enrolled in those programs as long as they are in need of	41450
services.	41451

(3) A person who resided in a state institution on or before	41452
October 29, 1993, is eligible for programs and services offered by	41453
a county board of mental retardation and developmental	41454
disabilities, unless the person is determined by the county board	41455
not to be in need of those programs and services.	41456

(D) A county board shall refer a person who requests but is	41457
not eligible for programs and services offered by the board to	41458
other entities of state and local government or appropriate	41459
private entities that provide services.	41460

(E) Membership of a person on, or employment of a person by,	41461
a county board of mental retardation and developmental	41462
disabilities does not affect the eligibility of any member of that	41463
person's family for services provided by the board or by any	41464
entity under contract with the board.	41465

Sec. 5126.042. (A) As used in this section:

41466

(1) "Emergency" means any situation that creates for an	41467
individual with mental retardation or developmental disabilities a	41468
risk of substantial self-harm or substantial harm to others if	41469
action is not taken within thirty days. An "emergency" may	41470
include one or more of the following situations:	41471

(a) Loss of present residence for any reason, including	41472
legal action;	41473

(b) Loss of present caretaker for any reason, including	41474
serious illness of the caretaker, change in the caretaker's	41475
status, or inability of the caretaker to perform effectively for	41476
the individual;	41477

41478

(d) Health and safety conditions that pose a serious risk to	41479
the individual or others of immediate harm or death;	41480

(e) Change in the emotional or physical condition of the	41481
individual that necessitates substantial accommodation that cannot	41482
be reasonably provided by the individual's existing caretaker.	41483

(2) "Medicaid" has the same meaning as in section 5111.01 of	41484
the Revised Code.	41485

~~(3) "Priority" means any situation that would constitute an~~	41486
~~emergency except that action to resolve the situation may be taken~~	41487
~~in more than thirty but less than ninety days without creating a~~	41488
~~risk of substantial harm to self or others.~~	41489

(B) If a county board of mental retardation and	41490
developmental disabilities determines that available resources are	41491
not sufficient to meet the needs of all individuals who request	41492
programs and services and may be offered the programs and	41493
services, it shall establish waiting lists for services. The	41494
board may establish priorities for making placements on its	41495
waiting lists according to an individual's emergency ~~or priority~~	41496
status and shall establish priorities in accordance with division	41497
(D) of this section.	41498

The individuals who may be placed on a waiting list include	41499
individuals with a need for services on an emergency ~~or priority~~	41500
basis and individuals who have requested services for which	41501
resources are not available.	41502

An Except for an individual who is to receive priority for	41503
services pursuant to division (D)(2)(d) of this section, an	41504
individual who currently receives a service but would like to	41505
change to another service shall not be placed on a waiting list	41506
but shall be placed on a service substitution list. The board	41507
shall work with the individual, service providers, and all	41508
appropriate entities to facilitate the change in service as	41509
expeditiously as possible. The board may establish priorities for	41510
making placements on its service substitution lists according to	41511
an individual's emergency ~~or priority~~ status.	41512

In addition to maintaining waiting lists and service	41513
substitution lists, a board shall maintain a long-term service	41514
planning registry for individuals who wish to record their	41515
intention to request in the future a service they are not	41516
currently receiving. The purpose of the registry is to enable the	41517
board to document requests and to plan appropriately. The board	41518
may not place an individual on the registry who meets the	41519
conditions for receipt of services on an emergency ~~or priority~~	41520
basis.	41521

(C) A county board shall establish a separate waiting list	41522
for each of the following categories of services, and may	41523
establish separate waiting lists within the waiting lists:	41524

(1) Early childhood services;

41525

(2) Educational programs for preschool and school age	41526
children;	41527

(3) Adult services;

41528

(4) ~~Case management services~~ service and support	41529
administration;	41530

(5) Residential services and supported living;

41531

(6) Transportation services;

41532

(7) Other services determined necessary and appropriate for	41533
persons with mental retardation or a developmental disability	41534
according to their individual habilitation or service plans;	41535

(8) Family support services provided under section 5126.11	41536
of the Revised Code.	41537

(D) Except as provided in division (E) of this section, a	41538
county board shall do all of the following in accordance with the	41539
county board's plan approved under section 5123.046 of the Revised	41540
Code:	41541

(1) For the purpose of obtaining additional federal	41542
medicaid funds for home and community-based services, medicaid	41543
case management services, and habilitation center services, do	41544
both of the following:	41545

(a) Give an individual who is eligible for home and	41546
community-based services and meets both of the following	41547
requirements priority over any other individual on a waiting list	41548
established under division (C) of this section for home and	41549
community-based services that include supported living,	41550
residential services, or family support services:	41551

(i) Is twenty-two years of age or older;

41552

(ii) Receives supported living or family support services.

41553

(b) Give an individual who is eligible for home and	41554
community-based services and meets both of the following	41555
requirements priority over any other individual on a waiting list	41556
established under division (C) of this section for home and	41557
community-based services that include adult services:	41558

(i) Resides in the individual's own home or the home of the	41559
individual's family and will continue to reside in that home after	41560
enrollment in home and community-based services;	41561

(ii) Receives adult services from the county board.

41562

(2) As federal medicaid funds become available pursuant to	41563
division (D)(1) of this section, give an individual who is	41564
eligible for home and community-based services and meets any of	41565
the following requirements priority for such services over any	41566
other individual on a waiting list established under division (C)	41567
of this section other than an individual given priority under	41568
division (D)(1) of this section:	41569

(a) Does not receive residential services or supported	41570
living, either needs services in the individual's current living	41571
arrangement or will need services in a new living arrangement, and	41572
has a primary caregiver who is sixty years of age or older;	41573

(b) Is less than twenty-two years of age, does not receive	41574
residential services or supported living, resides in the home of	41575
the individual's family, and has at least one of the following	41576
service needs that are unusual in scope or intensity:	41577

(i) Severe behavior problems for which a behavior support	41578
plan is needed;	41579

(ii) An emotional disorder for which anti-psychotic	41580
medication is needed;	41581

(iii) A medical condition that leaves the individual	41582
dependent on life-support medical technology;	41583

(iv) A condition affecting multiple body systems for which	41584
a combination of specialized medical, psychological, educational,	41585
or habilitation services are needed;	41586

(v) A condition the county board determines to be	41587
comparable in severity to any condition described in division	41588
(D)(1)(b)(i) to (iv) of this section and places the individual at	41589
significant risk of institutionalization.	41590

(c) Is twenty-two years of age or older and is determined	41591
by the county board to have intensive needs for residential	41592
services on an in-home or out-of-home basis;	41593

(d) Resides in an intermediate care facility for the	41594
mentally retarded or nursing facility, chooses to move to another	41595
setting, the department of mental retardation and developmental	41596
disabilities determines the individual is capable of residing in	41597
the other setting, and the county board has assessed the	41598
individual in accordance with the county board's medicaid local	41599
administrative authority under division (A)(1) of section 5126.055	41600
of the Revised Code.	41601

(E)(1) No individual may receive priority for services	41602
pursuant to division (D) of this section over an individual placed	41603
on a waiting list established under division (C) of this section	41604
on an emergency status.	41605

(2) No more than two hundred individuals in the state may	41606
receive priority for services during state fiscal years 2002 and	41607
2003 pursuant to division (D)(2)(b) of this section.	41608

(3) No more than seventy-five individuals in the state may	41609
receive priority for services during state fiscal years 2002 and	41610
2003 pursuant to division (D)(2)(d) of this section.	41611

(F) Prior to establishing any waiting list under this	41612
section, a county board shall develop and implement a policy for	41613
waiting lists that complies with this section and rules that the	41614
department of mental retardation and developmental disabilities	41615
shall adopt in accordance with Chapter 119. of the Revised Code.	41616
The department's rules shall include procedures to be followed to	41617
ensure that the due process rights of individuals placed on	41618
waiting lists are not violated.	41619

Prior to placing an individual on a waiting list, the county	41620
board shall assess the service needs of the individual in	41621
accordance with all applicable state and federal laws. The county	41622
board shall place the individual on the appropriate waiting list	41623
and may place the individual on more than one waiting list. The	41624
county board shall notify the individual of the individual's	41625
placement and position on each waiting list on which the	41626
individual is placed.	41627

At least annually, the county board shall reassess the	41628
service needs of each individual on a waiting list. If it	41629
determines that an individual no longer needs a program or	41630
service, the county board shall remove the individual from the	41631
waiting list. If it determines that an individual needs a program	41632
or service other than the one for which the individual is on the	41633
waiting list, the county board shall provide the program or	41634
service to the individual or place the individual on a waiting	41635
list for the program or service in accordance with the board's	41636
policy for waiting lists.	41637

When a program or service for which there is a waiting list	41638
becomes available, the county board shall reassess the service	41639
needs of the individual next scheduled on the waiting list to	41640
receive that program or service. If the reassessment demonstrates	41641
that the individual continues to need the program or service, the	41642
board shall offer the program or service to the individual. If it	41643
determines that an individual no longer needs a program or	41644
service, the county board shall remove the individual from the	41645
waiting list. If it determines that an individual needs a program	41646
or service other than the one for which the individual is on the	41647
waiting list, the county board shall provide the program or	41648
service to the individual or place the individual on a waiting	41649
list for the program or service in accordance with the board's	41650
policy for waiting lists. The county board shall notify the	41651
individual of the individual's placement and position on the	41652
waiting list on which the individual is placed.	41653

~~(E)~~(G) A child subject to a determination made pursuant to	41654
section 121.38 of the Revised Code who requires the home ~~and~~ or	41655
community-based services provided through the ~~medical assistance~~	41656
~~waiver programs operated~~ medicaid component that the department of	41657
mental retardation and developmental disabilities administers	41658
under ~~sections 5111.87 and 5111.88~~ section 5111.871 of the Revised	41659
Code shall receive services through ~~the waiver programs adopted~~	41660
~~under Chapters 5111., 5123., and 5126. of the Revised Code~~ that	41661
medicaid component. For all other services, a child subject to a	41662
determination made pursuant to section 121.38 of the Revised Code	41663
shall be treated as an emergency by the county boards and shall	41664
not be subject to a waiting list.	41665

~~(F)~~(H) Not later than the fifteenth day of March of each	41666
even-numbered year, each county board shall prepare and submit to	41667
the director of mental retardation and developmental disabilities	41668
its recommendations for the funding of services for individuals	41669
with mental retardation and developmental disabilities and its	41670
proposals for reducing the waiting lists for services.	41671

~~(G)~~(I) The following shall take precedence over the	41672
applicable provisions of this section:	41673

(1) Medicaid rules and regulations;

41674

(2) Any specific requirements that may be contained within a	41675
medicaid state plan amendment or waiver program that a county	41676
board has authority to administer or with respect to which it has	41677
authority to provide services, programs, or supports.	41678

Sec. 5126.046. (A) Each county board of mental retardation	41679
and developmental disabilities that has medicaid local	41680
administrative authority under division (A) of section 5126.055 of	41681
the Revised Code for habilitation, vocational, or community	41682
employment services provided as part of home and community-based	41683
services shall create a list of all persons and government	41684
entities eligible to provide such habilitation, vocational, or	41685
community employment services. If the county board chooses and is	41686
eligible to provide such habilitation, vocational, or community	41687
employment services, the county board shall include itself on the	41688
list. The county board shall make the list available to each	41689
individual with mental retardation or other developmental	41690
disability who resides in the county and is eligible for such	41691
habilitation, vocational, or community employment services. The	41692
county board shall also make the list available to such	41693
individuals' families.	41694

An individual with mental retardation or other	41695
developmental disability who is eligible for habilitation,	41696
vocational, or community employment services may choose the	41697
provider of the services.	41698

If a county board has medicaid local administrative	41699
authority under division (A) of section 5126.055 of the Revised	41700
Code for habilitation, vocational, and community employment	41701
services provided as part of home and community-based services,	41702
the county board shall pay the nonfederal share of the	41703
habilitation, vocational, and community employment services when	41704
required by section 5126.056 of the Revised Code. The department	41705
of mental retardation and developmental disabilities shall pay the	41706
nonfederal share of such habilitation, vocational, and community	41707
employment services when required by section 5123.047 of the	41708
Revised Code.	41709

(B) Each month, the department of mental retardation and	41710
developmental disabilities shall create a list of all persons and	41711
government entities eligible to provide residential services and	41712
supported living. The department shall include on the list all	41713
residential facilities licensed under section 5123.19 of the	41714
Revised Code and all supported living providers certified under	41715
section 5126.431 of the Revised Code. The department shall	41716
distribute the monthly lists to county boards that have local	41717
administrative authority under division (A) of section 5126.055 of	41718
the Revised Code for residential services and supported living	41719
provided as part of home and community-based services. A county	41720
board that receives a list shall make it available to each	41721
individual with mental retardation or other developmental	41722
disability who resides in the county and is eligible for such	41723
residential services or supported living. The county board shall	41724
also make the list available to the families of those individuals.	41725

An individual who is eligible for residential services or	41726
supported living may choose the provider of the residential	41727
services or supported living.	41728

If a county board has medicaid local administrative	41729
authority under division (A) of section 5126.055 of the Revised	41730
Code for residential services and supported living provided as	41731
part of home and community-based services, the county board shall	41732
pay the nonfederal share of the residential services and supported	41733
living when required by section 5126.056 of the Revised Code. The	41734
department shall pay the nonfederal share of the residential	41735
services and supported living when required by section 5123.047 of	41736
the Revised Code.	41737

(C) If a county board that has medicaid local	41738
administrative authority under division (A) of section 5126.055 of	41739
the Revised Code for home and community-based services violates	41740
the right established by this section of an individual to choose a	41741
provider that is qualified and willing to provide services to the	41742
individual, the individual shall receive timely notice that the	41743
individual may request a hearing under section 5101.35 of the	41744
Revised Code.	41745

(D) The departments of mental retardation and developmental	41746
disabilities and job and family services shall adopt rules in	41747
accordance with Chapter 119. of the Revised Code governing the	41748
implementation of this section. The rules shall include	41749
procedures for individuals to choose their service providers. The	41750
rules shall not be limited by a provider selection system	41751
established under section 5126.42 of the Revised Code, including	41752
any pool of providers created pursuant to a provider selection	41753
system.	41754

Sec. 5126.05. (A) Subject to the rules established by the	41755
director of mental retardation and developmental disabilities	41756
pursuant to Chapter 119. of the Revised Code for programs and	41757
services offered pursuant to this chapter, and subject to the	41758
rules established by the state board of education pursuant to	41759
Chapter 119. of the Revised Code for programs and services offered	41760
pursuant to Chapter 3323. of the Revised Code, the county board of	41761
mental retardation and developmental disabilities shall:	41762

(1) Administer and operate facilities, programs, and	41763
services as provided by this chapter and Chapter 3323. of the	41764
Revised Code and establish policies for their administration and	41765
operation;	41766

(2) Coordinate, monitor, and evaluate existing services and	41767
facilities available to individuals with mental retardation and	41768
developmental disabilities;	41769

(3) Provide early childhood services, supportive home	41770
services, and adult services, according to the plan and priorities	41771
developed under section 5126.04 of the Revised Code;	41772

(4) Provide or contract for special education services	41773
pursuant to Chapters 3317. and 3323. of the Revised Code and	41774
ensure that related services, as defined in section 3323.01 of the	41775
Revised Code, are available according to the plan and priorities	41776
developed under section 5126.04 of the Revised Code;	41777

(5) Adopt a budget, authorize expenditures for the purposes	41778
specified in this chapter and do so in accordance with section	41779
319.16 of the Revised Code, approve attendance of board members	41780
and employees at professional meetings and approve expenditures	41781
for attendance, and exercise such powers and duties as are	41782
prescribed by the director;	41783

(6) Submit annual reports of its work and expenditures,	41784
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	41785
the director, the superintendent of public instruction, and the	41786
board of county commissioners at the close of the fiscal year and	41787
at such other times as may reasonably be requested;	41788

(7) Authorize all positions of employment, establish	41789
compensation, including but not limited to salary schedules and	41790
fringe benefits for all board employees, approve contracts of	41791
employment for management employees that are for a term of more	41792
than one year, employ legal counsel under section 309.10 of the	41793
Revised Code, and contract for employee benefits;	41794

(8) Provide ~~case management services, as defined in rules~~	41795
~~adopted by the director of mental retardation and developmental~~	41796
~~disabilities,~~ service and support administration in accordance	41797
with section ~~5126.15~~ 5126.046 of the Revised Code;	41798

(9) Certify respite care homes pursuant to rules adopted	41799
under section 5123.171 of the Revised Code by the director of	41800
mental retardation and developmental disabilities.	41801

(B) To the extent that rules adopted under this section	41802
apply to the identification and placement of handicapped children	41803
under Chapter 3323. of the Revised Code, they shall be consistent	41804
with the standards and procedures established under sections	41805
3323.03 to 3323.05 of the Revised Code.	41806

(C) Any county board may enter into contracts with other	41807
such boards and with public or private, nonprofit, or	41808
profit-making agencies or organizations of the same or another	41809
county, to provide the facilities, programs, and services	41810
authorized or required, upon such terms as may be agreeable, and	41811
in accordance with this chapter and Chapter 3323. of the Revised	41812
Code and rules adopted thereunder and in accordance with sections	41813
307.86 and 5126.071 of the Revised Code.	41814

(D) A county board may combine transportation for children	41815
and adults enrolled in programs and services offered under section	41816
5126.12 with transportation for children enrolled in classes	41817
funded under section 3317.20 or units approved under section	41818
3317.05 of the Revised Code.	41819

(E) A county board may purchase all necessary insurance	41820
policies, may purchase equipment and supplies through the	41821
department of administrative services or from other sources, and	41822
may enter into agreements with public agencies or nonprofit	41823
organizations for cooperative purchasing arrangements.	41824

(F) A county board may receive by gift, grant, devise, or	41825
bequest any moneys, lands, or property for the benefit of the	41826
purposes for which the board is established and hold, apply, and	41827
dispose of the moneys, lands, and property according to the terms	41828
of the gift, grant, devise, or bequest. All money received by	41829
gift, grant, bequest, or disposition of lands or property received	41830
by gift, grant, devise, or bequest shall be deposited in the	41831
county treasury to the credit of such board and shall be available	41832
for use by the board for purposes determined or stated by the	41833
donor or grantor, but may not be used for personal expenses of the	41834
board members. Any interest or earnings accruing from such gift,	41835
grant, devise, or bequest shall be treated in the same manner and	41836
subject to the same provisions as such gift, grant, devise, or	41837
bequest.	41838

(G) The board of county commissioners shall levy taxes and	41839
make appropriations sufficient to enable the county board of	41840
mental retardation and developmental disabilities to perform its	41841
functions and duties, and may utilize any available local, state,	41842
and federal funds for such purpose.	41843

Sec. 5126.051. (A) To the extent that resources are	41844
available, a county board of mental retardation and developmental	41845
disabilities ~~may~~ shall provide for or arrange residential services	41846
and supported living for individuals with mental retardation and	41847
developmental disabilities.	41848

A county board may acquire, convey, lease, or sell property	41849
for residential services and supported living and enter into loan	41850
agreements, including mortgages, for the acquisition of such	41851
property. A county board is not required to comply with	41852
provisions of Chapter 307. of the Revised Code providing for	41853
competitive bidding or sheriff sales in the acquisition, lease,	41854
conveyance, or sale of property under this division, but the	41855
acquisition, lease, conveyance, or sale must be at fair market	41856
value determined by appraisal of one or more disinterested persons	41857
appointed by the board.	41858

Any action taken by a county board under this division that	41859
will incur debt on the part of the county shall be taken in	41860
accordance with Chapter 133. of the Revised Code. A county board	41861
shall not incur any debt on the part of the county without the	41862
prior approval of the board of county commissioners.	41863

(B)(1) To the extent that resources are available, in	41864
addition to sheltered employment and work activities provided as	41865
adult services pursuant to division (A)(3) of section 5126.05 of	41866
the Revised Code, a county board of mental retardation and	41867
developmental disabilities may provide or arrange for job	41868
training, vocational evaluation, and community employment services	41869
to mentally retarded and developmentally disabled individuals who	41870
are age eighteen and older and not enrolled in a program or	41871
service under Chapter 3323. of the Revised Code or age sixteen or	41872
seventeen and eligible for adult services under rules adopted by	41873
the director of mental retardation and developmental disabilities	41874
under Chapter 119. of the Revised Code. These services shall be	41875
provided in accordance with the individual's individual service or	41876
habilitation plan and shall include support services specified in	41877
the plan.	41878

(2) A county board may, in cooperation with the Ohio	41879
rehabilitation services commission, seek federal funds for job	41880
training and community employment.	41881

(3) A county board may contract with any agency, board, or	41882
other entity that is accredited by the commission on accreditation	41883
of rehabilitation facilities to provide services. A county board	41884
that is accredited by the commission on accreditation of	41885
rehabilitation facilities may provide services for which it is	41886
certified by the commission.	41887

(C) To the extent that resources are available, a county	41888
board may provide services to an individual with mental	41889
retardation or other developmental disability in addition to those	41890
provided pursuant to this section, section 5126.05 of the Revised	41891
Code, or any other section of this chapter. The services shall be	41892
provided in accordance with the individual's habilitation or	41893
service plan and may be provided in collaboration with other	41894
entities of state or local government.	41895

Sec. 5126.053. (A) As used in this section, "effective tax	41896
rate" has the same meaning as in section 5126.16 of the Revised	41897
Code.	41898

(B) Notwithstanding sections 5126.12 and 5126.15 of the	41899
Revised Code with regard to the distribution of state subsidies to	41900
county boards of mental retardation and developmental	41901
disabilities, the department of mental retardation and	41902
developmental disabilities shall, except as provided in division	41903
(D) of this section, reduce the funds provided under those	41904
sections to a county board in each year that the board, on the	41905
first day of January of that year, has an effective tax rate of	41906
less than one and one-half mills for general operations for	41907
programs under which the board provides or arranges the following:	41908

(1) Early childhood services pursuant to section 5126.05 of	41909
the Revised Code for children under age three;	41910

(2) Adult services pursuant to section 5126.05 and division	41911
(B) of section 5126.051 of the Revised Code for individuals age	41912
sixteen or older;	41913

(3) ~~Case management services~~ Service and support	41914
administration pursuant to section 5126.15 of the Revised Code.	41915

(C) If a county board is subject to the reduction required	41916
by this section, payments to the county board under sections	41917
5126.12 and 5126.15 of the Revised Code shall be made in the same	41918
percentage that the board's effective tax rate is of one and	41919
one-half mills.	41920

(D) A county board subject to the reduction required by this	41921
section may appeal to the department for an exemption from the	41922
reduction. The board may present evidence of its attempts to	41923
obtain passage of levies and any other extenuating circumstances	41924
the board considers relevant. The department shall grant an	41925
exemption if it determines that the board has made good faith	41926
efforts to obtain an effective tax rate of at least one and	41927
one-half mills for general operations for programs under which the	41928
services described in division (B) of this section are provided	41929
and arranged or that there are extenuating circumstances.	41930

Sec. 5126.054. (A) Each county board of mental retardation	41931
and developmental disabilities shall, by resolution, develop a	41932
three-calendar year plan that includes all of the following	41933
components:	41934

(1) An assessment component that includes all of the	41935
following:	41936

(a) The number of individuals with mental retardation or	41937
other developmental disability residing in the county who need the	41938
level of care provided by an intermediate care facility for the	41939
mentally retarded, may seek home and community-based services, are	41940
given priority for the services pursuant to division (D) of	41941
section 5126.042 of the Revised Code; the service needs of those	41942
individuals; and the projected annualized cost for services;	41943

(b) The source of funds available to the county board to pay	41944
the nonfederal share of medicaid expenditures that the county	41945
board is required by division (A) of section 5126.056 of the	41946
Revised Code to pay;	41947

(c) Any other applicable information or conditions that the	41948
department of mental retardation and developmental disabilities	41949
requires as a condition of approving the plan under section	41950
5123.046 of the Revised Code.	41951

(2) A component that provides for the recruitment,	41952
training, and retention of existing and new direct care staff	41953
necessary to implement services included in individualized service	41954
plans, including behavior management services and health	41955
management services such as delegated nursing and other	41956
habilitation center services, and protect the health and welfare	41957
of individuals receiving services included in the individual's	41958
individualized service plan by complying with safeguards for	41959
unusual and major unusual incidents, day-to-day program	41960
management, and other requirements the department shall identify.	41961
A county board shall develop this component in collaboration with	41962
providers of medicaid-funded services with which the county board	41963
contracts. A county board shall include all of the following in	41964
the component:	41965

(a) The source and amount of funds available for the	41966
component;	41967

(b) A plan and timeline for implementing the component with	41968
the medicaid providers under contract with the county board;	41969

(c) The mechanisms the county board shall use to ensure the	41970
financial and program accountability of the medicaid provider's	41971
implementation of the component.	41972

(3) A component that provides for the implementation of	41973
habilitation center services, medicaid case management services,	41974
and home and community-based services. A county board shall	41975
include all of the following in the component:	41976

(a) If the department of mental retardation and	41977
developmental disabilities or department of job and family	41978
services requires, an agreement to pay the nonfederal share of	41979
medicaid expenditures that the county board is required by	41980
division (A) of section 5126.056 of the Revised Code to pay;	41981

(b) How the services are to be phased in over the period	41982
the plan covers, including how the county board will serve	41983
individuals on a waiting list established under division (C) of	41984
section 5126.042 who are given priority status under division	41985
(D)(1) of that section;	41986

(c) Any agreement or commitment regarding the county	41987
board's funding of home and community-based services that the	41988
county board has with the department at the time the county board	41989
develops the component;	41990

(d) Assurances adequate to the department that the county	41991
board will comply with all of the following requirements:	41992

(i) To use any additional funds the county board receives	41993
for the services to improve the county board's resource	41994
capabilities for supporting such services available in the county	41995
at the time the component is developed and to expand the services	41996
to accommodate the unmet need for those services in the county;	41997

(ii) To employ a business manager who is either a new	41998
employee who has earned at least a bachelor's degree in business	41999
administration or a current employee who has the equivalent	42000
experience of a bachelor's degree in business administration. If	42001
the county board will employ a new employee, the county board	42002
shall include in the component a timeline for employing the	42003
employee.	42004

(iii) To employ or contract with a medicaid services	42005
manager who is either a new employee who has earned at least a	42006
bachelor's degree or a current employee who has the equivalent	42007
experience of a bachelor's degree. If the county board will	42008
employ a new employee, the county board shall include in the	42009
component a timeline for employing the employee. Two or three	42010
county boards that have a combined total enrollment in county	42011
board services not exceeding one thousand individuals as	42012
determined pursuant to certifications made under division (B) of	42013
section 5126.12 of the Revised Code may satisfy this requirement	42014
by sharing the services of a medicaid services manager or using	42015
the services of a medicaid services manager employed by or under	42016
contract with a regional council that the county boards establish	42017
under section 5126.13 of the Revised Code.	42018

(e) An agreement to comply with the method, developed by	42019
rules adopted under section 5123.0413 of the Revised Code, of	42020
paying for extraordinary costs, including extraordinary costs for	42021
services to individuals with mental retardation or other	42022
developmental disability, and ensuring the availability of	42023
adequate funds in the event a county property tax levy for	42024
services for individuals with mental retardation or other	42025
developmental disability fails;	42026

(f) Programmatic and financial accountability measures and	42027
projected outcomes expected from the implementation of the plan;	42028

(g) Any other applicable information or conditions that the	42029
department requires as a condition of approving the plan under	42030
section 5123.046 of the Revised Code.	42031

(B) For the purpose of obtaining the department's approval	42032
under section 5123.046 of the Revised Code of the plan the county	42033
board develops under division (A) of this section, a county board	42034
shall do both of the following:	42035

(1) Submit the components required by divisions (A)(1) and	42036
(2) of this section to the department not later than August 1,	42037
2001;	42038

(2) Submit the component required by division (A)(3) of	42039
this section to the department not later than November 1, 2001.	42040

(C) A county board whose plan developed under division (A)	42041
of this section is approved by the department under section	42042
5123.046 of the Revised Code shall update and renew the plan in	42043
accordance with a schedule the department shall develop.	42044

Sec. 5126.055. (A) Except as provided in division (G) of	42045
this section, a county board of mental retardation and	42046
developmental disabilities with an approved plan under section	42047
5123.046 of the Revised Code has medicaid local administrative	42048
authority to, and shall, do all of the following for an individual	42049
with mental retardation or other developmental disability who	42050
resides in the county that the county board serves and seeks or	42051
receives home or community-based services:	42052

(1) Perform assessments and evaluations of the individual	42053
and assist the department of mental retardation and developmental	42054
disabilities in expediting the enrollment of individuals given	42055
priority for the services under division (D)(2)(d) of section	42056
5126.042 of the Revised Code into the services. As part of the	42057
assessment and evaluation process, the county board shall do all	42058
of the following:	42059

(a) Make a recommendation to the department of mental	42060
retardation and developmental disabilities on whether the	42061
department should approve or deny the individual's application for	42062
the services, including on the basis of whether the individual	42063
needs the level of care an intermediate care facility for the	42064
mentally retarded provides;	42065

(b) If the individual's application is denied because of the	42066
county board's recommendation and the individual requests a	42067
hearing under section 5101.35 of the Revised Code, present, with	42068
the department of mental retardation and developmental	42069
disabilities or department of job and family services, whichever	42070
denies the application, the reasons for the recommendation and	42071
denial at the hearing;	42072

(c) If the individual's application is approved, recommend	42073
to the departments of mental retardation and developmental	42074
disabilities and job and family services the services that should	42075
be included in the individual's individualized service plan and,	42076
if either department approves, reduces, denies, or terminates a	42077
service included in the individual's individualized service plan	42078
under section 5111.871 of the Revised Code because of the county	42079
board's recommendation, present, with the department that made the	42080
approval, reduction, denial, or termination, the reasons for the	42081
recommendation and approval, reduction, denial, or termination at	42082
a hearing under section 5101.35 of the Revised Code.	42083

(2) In accordance with the rules adopted under section	42084
5126.046 of the Revised Code, perform the county board's duties	42085
under that section regarding assisting the individual's right to	42086
choose a qualified and willing provider of the services and, at a	42087
hearing under section 5101.35 of the Revised Code, present	42088
evidence of the process for appropriate assistance in choosing	42089
providers;	42090

(3) Unless the county board provides the services under	42091
division (A)(4) of this section, contract with the person or	42092
government entity the individual chooses in accordance with	42093
section 5126.046 of the Revised Code to provide the services if	42094
the person or government entity is qualified and agrees to provide	42095
the services. The contract shall contain all the provisions	42096
required by section 5126.057 of the Revised Code and require the	42097
provider to agree to furnish, in accordance with the provider's	42098
medicaid provider agreement and for the authorized reimbursement	42099
rate, the services the individual requires.	42100

(4) If the county board is certified under section 5123.045	42101
of the Revised Code to provide the services and agrees to provide	42102
the services to the individual and the individual chooses the	42103
county board to provide the services, furnish, in accordance with	42104
the county board's medicaid provider agreement and for the	42105
authorized reimbursement rate, the services the individual	42106
requires;	42107

(5) Monitor the services provided to the individual and	42108
ensure the individual's health, safety, and welfare. The	42109
monitoring shall include quality assurance activities. If the	42110
county board provides the services, the department of mental	42111
retardation and developmental disabilities shall also monitor the	42112
services.	42113

(6) Develop, with the individual and the provider of the	42114
individual's services, an effective individualized service plan	42115
that includes coordination of services, recommend that the	42116
departments of mental retardation and developmental disabilities	42117
and job and family services approve the plan, and implement the	42118
plan unless either department disapproves it.	42119

(B) Except as provided in division (G) of this section, a	42120
county board with an approved plan under section 5123.046 of the	42121
Revised Code has medicaid local administrative authority to, and	42122
shall, do all of the following for an individual with mental	42123
retardation or other developmental disability who resides in the	42124
county that the county board serves and seeks or receives medicaid	42125
case management services or habilitation center services, other	42126
than habilitation center services for which a school district is	42127
required by division (E) of section 5111.041 of the Revised Code	42128
to pay the nonfederal share:	42129

(1) Perform assessments and evaluations of the individual	42130
for the purpose of recommending to the departments of mental	42131
retardation and developmental disabilities and job and family	42132
services the services that should be included in the individual's	42133
individualized service plan;	42134

(2) If the department of mental retardation and	42135
developmental disabilities or department of job and family	42136
services approves, reduces, denies, or terminates a service	42137
included in the individual's individualized service plan under	42138
section 5111.041 or 5111.042 of the Revised Code because of the	42139
county board's recommendation under division (B)(1) of this	42140
section, present, with the department that made the approval,	42141
reduction, denial, or termination, the reasons for the	42142
recommendation and approval, reduction, denial, or termination at	42143
a hearing under section 5101.35 of the Revised Code and inform the	42144
individual that the individual may file a complaint with the	42145
county board under section 5126.06 of the Revised Code at the same	42146
time the individual pursues an appeal under section 5101.35 of the	42147
Revised Code;	42148

(3) In accordance with rules the departments of mental	42149
retardation and developmental disabilities and job and family	42150
services shall adopt in accordance with Chapter 119. of the	42151
Revised Code governing the process for individuals to choose	42152
providers of medicaid case management services and habilitation	42153
center services, assist the individual in choosing the provider of	42154
the services. The rules shall provide for both of the following:	42155

(a) The county board providing the individual up-to-date	42156
information about qualified providers that the department of	42157
mental retardation and developmental disabilities shall make	42158
available to the county board;	42159

(b) If the individual chooses a provider who is qualified	42160
and willing to provide the services but is denied that provider,	42161
the individual receiving timely notice that the individual may	42162
request a hearing under section 5101.35 of the Revised Code and,	42163
at the hearing, the county board presenting evidence of the	42164
process for appropriate assistance in choosing providers.	42165

(4) Unless the county board provides the services under	42166
division (B)(5) of this section, contract with the person or	42167
government entity that the individual chooses in accordance with	42168
the rules adopted under division (B)(3) of this section to provide	42169
the services if the person or government entity is qualified and	42170
agrees to provide the services. The contract shall contain all	42171
the provisions required by section 5126.057 of the Revised Code	42172
and require the provider to agree to furnish, in accordance with	42173
the provider's medicaid provider agreement and for the authorized	42174
reimbursement rate, the services the individual requires.	42175

(5) If the county board is certified under section 5123.041	42176
of the Revised Code to provide the services and agrees to provide	42177
the services to the individual and the individual chooses the	42178
county board to provide the services, furnish, in accordance with	42179
the county board's medicaid provider agreement and for the	42180
authorized reimbursement rate, the services the individual	42181
requires;	42182

(6) Monitor the services provided to the individual. The	42183
monitoring shall include quality assurance activities. If the	42184
county board provides the services, the department of mental	42185
retardation and developmental disabilities shall also monitor the	42186
services.	42187

(7) Develop with the individual and the provider of the	42188
individual's services, and with the approval of the departments of	42189
mental retardation and developmental disabilities and job and	42190
family services, implement an effective plan for coordinating the	42191
services in accordance with the individual's approved	42192
individualized service plan.	42193

(C) A county board shall perform its medicaid local	42194
administrative authority under this section in accordance with all	42195
of the following:	42196

(1) The county board's plan that the department of mental	42197
retardation and developmental disabilities approves under section	42198
5123.046 of the Revised Code;	42199

(2) All applicable federal and state laws;

42200

(3) All applicable policies of the departments of mental	42201
retardation and developmental disabilities and job and family	42202
services and the United States department of health and human	42203
services;	42204

(4) The department of job and family services' supervision	42205
under its authority under section 5111.01 of the Revised Code to	42206
act as the single state medicaid agency;	42207

(5) The department of mental retardation and developmental	42208
disabilities' oversight.	42209

(D) The departments of mental retardation and developmental	42210
disabilities and job and family services shall communicate with	42211
and provide training to county boards regarding medicaid local	42212
administrative authority granted by this section. The	42213
communication and training shall include issues regarding audit	42214
protocols and other standards established by the United States	42215
department of health and human services that the departments	42216
determine appropriate for communication and training. County	42217
boards shall participate in the training. The departments shall	42218
assess the county board's compliance against uniform standards	42219
that the departments shall establish.	42220

(E) A county board may not delegate its medicaid local	42221
administrative authority granted under this section but may	42222
contract with a person or government entity, including a council	42223
of governments, for assistance with its medicaid local	42224
administrative authority. A county board that enters into such a	42225
contract shall notify the director of mental retardation and	42226
developmental disabilities. The notice shall include the tasks	42227
and responsibilities that the contract gives to the person or	42228
government entity. The person or government entity shall comply	42229
in full with all requirements to which the county board is subject	42230
regarding the person or government entity's tasks and	42231
responsibilities under the contract. The county remains	42232
ultimately responsible for the tasks and responsibilities.	42233

(F) A county board that has medicaid local administrative	42234
authority under this section shall, through the departments of	42235
mental retardation and developmental disabilities and job and	42236
family services, reply to, and cooperate in arranging compliance	42237
with, a program or fiscal audit or program violation exception	42238
that a state or federal audit or review discovers. The department	42239
of job and family services shall timely notify the department of	42240
mental retardation and developmental disabilities and the county	42241
board of any adverse findings. After receiving the notice, the	42242
county board, in conjunction with the department of mental	42243
retardation and developmental disabilities, shall cooperate fully	42244
with the department of job and family services and timely prepare	42245
and send to the department a written plan of correction or	42246
response to the adverse findings. The county board is liable for	42247
any adverse findings that result from an action it takes or fails	42248
to take in its implementation of medicaid local administrative	42249
authority.	42250

(G)(1) If the department of mental retardation and	42251
developmental disabilities or department of job and family	42252
services determines that a county board's implementation of its	42253
medicaid local administrative authority under this section is	42254
deficient, the department that makes the determination shall	42255
require that county board do the following:	42256

(a) If the deficiency affects the health, safety, or	42257
welfare of an individual with mental retardation or other	42258
developmental disability, correct the deficiency within	42259
twenty-four hours;	42260

(b) If the deficiency does not affect the health, safety,	42261
or welfare of an individual with mental retardation or other	42262
developmental disability, receive technical assistance from the	42263
department or submit a plan of correction to the department that	42264
is acceptable to the department within sixty days and correct the	42265
deficiency within the time required by the plan of correction.	42266

(2) If the county board fails to correct a deficiency	42267
within the time required by division (G)(1) of this section to the	42268
satisfaction of the department, or submit an acceptable plan of	42269
correction within the time required by division (G)(1)(b) of this	42270
section, the department shall issue an order terminating the	42271
county board's medicaid local administrative authority over all or	42272
part of home and community-based services, medicaid managed care	42273
services, habilitation center services, all or part of two of	42274
those services, or all or part of all three of those services. The	42275
department shall provide a copy of the order to the board of	42276
county commissioners, probate judge, county auditor, and president	42277
and superintendent of the county board. The department shall	42278
specify in the order the medicaid local administrative authority	42279
that the department is terminating, the reason for the	42280
termination, and the county board's option and responsibilities	42281
under this division.	42282

A county board whose medicaid local administrative authority	42283
is terminated may, no later than thirty days after the department	42284
issues the termination order, recommend to the department that	42285
another county board that has not had any of its medicaid local	42286
administrative authority terminated or another entity the	42287
department approves administer the services for which the county	42288
board's medicaid local administrative authority is terminated. The	42289
department may contract with the other county board or entity to	42290
administer the services. If the department enters into such a	42291
contract, the county board shall adopt a resolution giving the	42292
other county board or entity full medicaid local administrative	42293
authority over the services that the other county board or entity	42294
is to administer. The other county board or entity shall be known	42295
as the contracting authority.	42296

If the county board does not submit a recommendation to the	42297
department regarding a contracting authority within the required	42298
time or the department rejects the county board's recommendation,	42299
the department shall appoint an administrative receiver to	42300
administer the services for which the county board's medicaid	42301
local administrative authority is terminated. To the extent	42302
necessary for the department to appoint an administrative	42303
authority, the department may utilize employees of the department,	42304
management personnel from another county board, or other	42305
individuals who are not employed by or affiliated with in any	42306
manner a person or government entity that provides home and	42307
community-based services, medicaid managed care services, or	42308
habilitation center services pursuant to a contract with the	42309
county board. The administrative receiver shall assume full	42310
administrative responsibility for the county board's services for	42311
which the county board's medicaid local administrative authority	42312
is terminated.	42313

The contracting authority or administrative receiver shall	42314
develop and submit to the department a plan of correction to	42315
remediate the problems that caused the department to issue the	42316
termination order. If, after reviewing the plan, the department	42317
approves it, the contracting authority or administrative receiver	42318
shall implement the plan.	42319

The county board shall transfer control of state and federal	42320
funds it is otherwise eligible to receive for the services for	42321
which the county board's medicaid local administrative authority	42322
is terminated to the contracting authority or administrative	42323
receiver administering the services. The amount the county board	42324
shall transfer shall be the amount necessary for the contracting	42325
authority or administrative receiver to fulfill its duties in	42326
administering the services, including its duties to pay its	42327
personnel for time worked, travel, and related matters. If the	42328
county board fails to make the transfer, the department may	42329
withhold the state and federal funds from the county board or	42330
bring a mandamus action against the county board in the court of	42331
common pleas of the county served by the county board or in the	42332
Franklin county court of common pleas.	42333

The contracting authority or administrative receiver has the	42334
right to authorize the payment of bills in the same manner that	42335
the county board may authorize payment of bills under this chapter	42336
and section 319.16 of the Revised Code.	42337

Sec. 5126.056. (A) A county board of mental retardation and	42338
developmental disabilities that has medicaid local administrative	42339
authority under division (A) of section 5126.055 of the Revised	42340
Code for home and community-based services shall pay the	42341
nonfederal share of medicaid expenditures for such services	42342
provided to an individual with mental retardation or other	42343
developmental disability who the county board determines under	42344
section 5126.041 of the Revised Code is eligible for county board	42345
services unless division (C)(2) of section 5123.047 of the Revised	42346
Code requires the department of mental retardation and	42347
developmental disabilities to pay the nonfederal share.	42348

A county board that has medicaid local administrative	42349
authority under division (B) of section 5126.055 of the Revised	42350
Code for medicaid case management services shall pay the	42351
nonfederal share of medicaid expenditures for such services	42352
provided to an individual with mental retardation or other	42353
developmental disability who the county board determines under	42354
section 5126.041 of the Revised Code is eligible for county board	42355
services unless division (B)(2) of section 5123.047 of the Revised	42356
Code requires the department of mental retardation and	42357
developmental disabilities to pay the nonfederal share.	42358

A county board shall pay the nonfederal share of medicaid	42359
expenditures for habilitation center services when required to do	42360
so by division (D) of section 5111.041 of the Revised Code.	42361

(B) A county board may use the following funds to pay the	42362
nonfederal share of the services that the county board is required	42363
by division (A) of this section to pay:	42364

(1) To the extent consistent with the levy that generated	42365
the taxes, the following taxes:	42366

(a) Taxes levied pursuant to division (L) of section 5705.19	42367
of the Revised Code and section 5705.222 of the Revised Code;	42368

(b) Taxes levied under section 5705.191 of the Revised Code	42369
that the board of county commissioners allocates to the county	42370
board to pay the nonfederal share of the services.	42371

(2) Funds that the department of mental retardation and	42372
developmental disabilities distributes to the county board under	42373
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	42374
Revised Code;	42375

(3) Funds that the department allocates to the county board	42376
for habilitation center services provided under section 5111.041	42377
of the Revised Code;	42378

(4) Earned federal revenue funds the county board receives	42379
for medicaid services the county board provides pursuant to the	42380
county board's valid medicaid provider agreement.	42381

(C) If by December 31, 2001, the United States secretary of	42382
health and human services approves at least five hundred more	42383
slots for home and community-based services for calendar year 2002	42384
than were available for calendar year 2001, each county board	42385
shall provide, by the last day of calendar year 2001, assurances	42386
to the department of mental retardation and developmental	42387
disabilities that the county board will have for calendar year	42388
2002 at least one-third of the value of one-half, effective mill	42389
levied in the county the preceding year available to pay the	42390
nonfederal share of the services that the county board is required	42391
by division (A) of this section to pay.	42392

If by December 31, 2002, the United States secretary approves	42393
at least five hundred more slots for home and community-based	42394
services for calendar year 2003 than were available for calendar	42395
year 2002, each county board shall provide, by the last day of	42396
calendar year 2002, assurances to the department that the county	42397
board will have for calendar year 2003 at least two-thirds of the	42398
value of one-half, effective mill levied in the county the	42399
preceding year available to pay the nonfederal share of the	42400
services that the county board is required by division (A) of this	42401
section to pay.	42402

If by December 31, 2003, the United States secretary approves	42403
at least five hundred more slots for home and community-based	42404
services for calendar year 2004 than were available for calendar	42405
year 2003, each county board shall provide, by the last day of	42406
calendar year 2003 and each calendar year thereafter, assurances	42407
to the department that the county board will have for calendar	42408
year 2004 and each calendar year thereafter at least the value of	42409
one-half, effective mill levied in the county the preceding year	42410
available to pay the nonfederal share of the services that the	42411
county board is required by division (A) of this section to pay.	42412

(D) Each year, each county board shall adopt a resolution	42413
specifying the amount of funds it will use in the next year to pay	42414
the nonfederal share of the services that the county board is	42415
required by division (A) of this section to pay. The amount	42416
specified shall be adequate to assure that the services will be	42417
available in the county in a manner that conforms to all	42418
applicable state and federal laws. A county board shall state in	42419
its resolution that the payment of the nonfederal share represents	42420
an ongoing financial commitment of the county board. A county	42421
board shall adopt the resolution in time for the county auditor to	42422
make the determination required by division (E) of this section.	42423

(E) Each year, a county auditor shall determine whether the	42424
amount of funds a county board specifies in the resolution it	42425
adopts under division (D) of this section will be available in the	42426
following year for the county board to pay the nonfederal share of	42427
the services that the county board is required by division (A) of	42428
this section to pay. The county auditor shall make the	42429
determination not later than the last day of the year before the	42430
year in which the funds are to be used.	42431

Sec. 5126.057. (A) Each contract that a county board of	42432
mental retardation and developmental disabilities enters into with	42433
a person or government entity under section 5126.055 of the	42434
Revised Code to provide home and community-based services,	42435
medicaid case management services, or habilitation center services	42436
shall comply with rules adopted under division (D) of this section	42437
and include a general operating agreement component and an	42438
individual service needs addendum.	42439

(B) The general operating agreement component shall	42440
include all of the following:	42441

(1) The roles and responsibilities of the county board	42442
regarding services for individuals with mental retardation or	42443
other developmental disability who reside in the county the county	42444
board serves;	42445

(2) The roles and responsibilities of the provider;

42446

(3) Procedures for the county board to monitor the	42447
provider's services;	42448

(4) Procedures for the county board to evaluate the quality	42449
of care and cost effectiveness of the provider's services;	42450

(5) Procedures for payment of eligible claims;

42451

(6) Procedures for reimbursement that conform to the	42452
statewide reimbursement process and the county board's plan	42453
submitted under section 5126.054 of the Revised Code;	42454

(7) Procedures for the county board to perform service	42455
utilization reviews and the implementation of required corrective	42456
actions;	42457

(8) Procedures that ensure that the county board pays the	42458
nonfederal share of the medicaid expenditures that the county	42459
board is required by division (A) of section 5126.056 of the	42460
Revised Code to pay;	42461

(9) Procedures for the provider to submit claims for	42462
payment for a service no later than three hundred thirty days	42463
after the date the service is provided;	42464

(10) Procedures for rejecting claims for payment that are	42465
submitted after the time required by division (B)(9) of this	42466
section;	42467

(11) Procedures for developing, modifying, and executing	42468
initial and subsequent service plans. The procedures shall	42469
provide for the provider's participation.	42470

(12) Procedures for affording individuals due process	42471
protections;	42472

(13) General staffing, training, and certification	42473
requirements that are consistent with state requirements and	42474
compensation arrangements that are adequate to attract, train, and	42475
retain competent personnel to deliver the services pursuant to the	42476
individual service needs addendum;	42477

(14) Methods to be used to document services provided and	42478
procedures for submitting reports the county board requires;	42479

(15) Methods for authorizing and documenting within	42480
seventy-two hours changes to the individual service needs	42481
addendum. The methods shall allow for changes to be initially	42482
authorized verbally and in writing.	42483

(16) Procedures for modifying the individual service	42484
needs addendum in accordance with changes to the recipient's	42485
individualized service plan;	42486

(17) Procedures for terminating the individual service	42487
needs addendum within thirty days of a request made by the	42488
recipient;	42489

(18) A requirement that all parties to the contract accept	42490
the contract's terms and conditions;	42491

(19) A designated contact person and the method of	42492
contacting the designated person to respond to medical or	42493
behavioral problems and allegations of major unusual incidents or	42494
unusual incidents;	42495

(20) Procedures for ensuring the health and welfare of the	42496
recipient;	42497

(21) Procedures for ensuring fiscal accountability and the	42498
collection and reporting of programmatic data;	42499

(22) Procedures for implementing the mediation and	42500
arbitration process under section 5126.035 of the Revised Code;	42501

(23) Procedures for amending or terminating the contract;

42502

(24) Anything else allowable under federal and state law	42503
that the county board and provider agree to.	42504

(C) The individual service needs addendum shall be	42505
consistent with the general operating agreement component and	42506
include all of the following:	42507

(1) The name of the individual with mental retardation or	42508
other developmental disability who is to receive the services from	42509
the provider and any information about the recipient that the	42510
provider needs to be able to provide the services;	42511

(2) A clear and complete description of the services that	42512
the recipient is to receive as determined using statewide	42513
assessment tools;	42514

(3) A copy of the recipient's assessment and individualized	42515
service plan;	42516

(4) A clear and complete description of the provider's	42517
responsibilities to the recipient and county board in providing	42518
appropriate services in a coordinated manner with other providers	42519
and in a manner that contributes to and ensures the recipient's	42520
health, safety, and welfare.	42521

(D) The director of mental retardation and developmental	42522
disabilities shall adopt rules in accordance with Chapter 119. of	42523
the Revised Code governing the contracts between county boards and	42524
providers of home and community-based services, medicaid case	42525
management services, and habilitation center services entered into	42526
under section 5126.055 of the Revised Code. The contracts do not	42527
negate the requirement that a provider have a medicaid provider	42528
agreement with the department of job and family services.	42529

Sec. 5126.06. (A) Except as provided in division (B) of	42530
this section and section 5126.035 of the Revised Code, any person	42531
who has a complaint involving any of the programs, services,	42532
policies, or administrative practices of a county board of mental	42533
retardation and developmental disabilities or any of the entities	42534
under contract with the county board, may file a complaint with	42535
the board. Prior to commencing a civil action regarding the	42536
complaint, a person shall attempt to have the complaint resolved	42537
through the administrative resolution process established in the	42538
rules adopted under section 5123.043 of the Revised Code. After	42539
exhausting the administrative resolution process, the person may	42540
commence a civil action if the complaint is not settled to the	42541
person's satisfaction.	42542

(B) An employee of a county board may not file under this	42543
section a complaint related to the terms and conditions of	42544
employment of the employee.	42545

Sec. 5126.071. (A) As used in this section, "minority	42546
business enterprise" has the meaning given in division (E)(1) of	42547
section 122.71 of the Revised Code.	42548

(B) Any minority business enterprise that desires to bid on	42549
a contract under division (C) or (D) of this section shall first	42550
apply to the equal employment opportunity coordinator in the	42551
department of administrative services for certification as a	42552
minority business enterprise. The coordinator shall approve the	42553
application of any minority business enterprise that complies with	42554
the rules adopted under section 122.71 of the Revised Code. The	42555
coordinator shall prepare and maintain a list of minority business	42556
enterprises certified under this section.	42557

(C) From the contracts to be awarded for the purchases of	42558
equipment, materials, supplies, insurance, and nonprogram	42559
services, other than contracts entered into and exempt under	42560
sections 307.86 and 5126.05 of the Revised Code, each county board	42561
of mental retardation and developmental disabilities shall select	42562
a number of contracts with an aggregate value of approximately	42563
fifteen per cent of the total estimated value of such contracts to	42564
be awarded in the current calendar year. The board shall set	42565
aside the contracts so selected for bidding by minority business	42566
enterprises only. The bidding procedures for such contracts shall	42567
be the same as for all other contracts awarded under section	42568
307.86 of the Revised Code, except that only minority business	42569
enterprises certified and listed under division (B) of this	42570
section shall be qualified to submit bids. Contracts set aside and	42571
awarded under this section shall not include contracts for the	42572
purchase of ~~program~~ services such as direct and ancillary	42573
services, ~~or case management~~ service and support administration,	42574
residential services, and family ~~resource~~ support services.	42575

(D) To the extent that a board is authorized to enter into	42576
contracts for construction which are not exempt from the	42577
competitive bidding requirements of section 307.86 of the Revised	42578
Code, the board shall set aside a number of contracts the	42579
aggregate value of which equals approximately five per cent of the	42580
aggregate value of construction contracts for the current calendar	42581
year for bidding by minority business enterprises only. The	42582
bidding procedures for the contracts set aside for minority	42583
business enterprises shall be the same as for all other contracts	42584
awarded by the board, except that only minority business	42585
enterprises certified and listed under division (B) of this	42586
section shall be qualified to submit bids.	42587

Any contractor awarded a construction contract pursuant to	42588
this section shall make every effort to ensure that certified	42589
minority business subcontractors and ~~materialmen~~ materials	42590
suppliers participate in the contract. In the case of contracts	42591
specified in this division, the total value of subcontracts	42592
awarded to and materials and services purchased from minority	42593
businesses shall be at least ten per cent of the total value of	42594
the contract, wherever ~~posssible~~ possible and whenever the	42595
contractor awards subcontracts or purchases materials or services.	42596

(E) In the case of contracts set aside under divisions (C)	42597
and (D) of this section, if no bid is submitted by a minority	42598
business enterprise, the contract shall be awarded according to	42599
normal bidding procedures. The board shall from time to time set	42600
aside such additional contracts as are necessary to replace those	42601
contracts previously set aside on which no minority business	42602
enterprise bid.	42603

(F) This section does not preclude any minority business	42604
enterprise from bidding on any other contract not specifically set	42605
aside for minority business enterprises.	42606

(G) Within ninety days after the beginning of each calendar	42607
year, each county board of mental retardation and developmental	42608
disabilities shall file a report with the department of mental	42609
retardation and developmental disabilities that shows for that	42610
calendar year the name of each minority business enterprise with	42611
which the board entered into a contract, the value and type of	42612
each such contract, the total value of contracts awarded under	42613
divisions (C) and (D) of this section, the total value of	42614
contracts awarded for the purchases of equipment, materials,	42615
supplies, or services, other than contracts entered into under the	42616
exemptions of sections 307.86 and 5126.05 of the Revised Code, and	42617
the total value of contracts entered into for construction.	42618

(H) Any person who intentionally misrepresents ~~himself~~ self	42619
as owning, controlling, operating, or participating in a minority	42620
business enterprise for the purpose of obtaining contracts or any	42621
other benefits under this section shall be guilty of theft by	42622
deception as provided for in section 2913.02 of the Revised Code.	42623

Sec. 5126.08. (A) The director of mental retardation and	42624
developmental disabilities shall adopt rules in accordance with	42625
Chapter 119. of the Revised Code for all programs and services	42626
offered by a county board of mental retardation and developmental	42627
disabilities. Such rules shall include, but are not limited to,	42628
the following:	42629

(1) Determination of what constitutes a program or service;

42630

(2) Standards to be followed by a board in administering,	42631
providing, arranging, or operating programs and services;	42632

(3) Standards for determining the nature and degree of	42633
mental retardation, including mild mental retardation, or	42634
developmental disability;	42635

(4) Standards for determining eligibility for programs and	42636
services under sections 5126.042 and 5126.15 of the Revised Code;	42637

(5) Procedures for obtaining consent for the arrangement of	42638
services under section 5126.31 of the Revised Code and for	42639
obtaining signatures on individual service plans under that	42640
section;	42641

(6) Specification of the ~~case management services~~ service	42642
and support administration to be provided by a county board and	42643
standards for resolving grievances in connection with ~~case~~	42644
~~management services~~ service and support administration;	42645

(7) Standards for the provision of environmental	42646
modifications, including standards that require adherence to all	42647
applicable state and local building codes;	42648

(8) Standards for the provision of specialized medical,	42649
adaptive, and assistive equipment, supplies, and supports.	42650

(B) The director shall be the final authority in determining	42651
the nature and degree of mental retardation or developmental	42652
disability.	42653

Sec. 5126.11. (A) As used in this section, "respite care"	42654
means appropriate, short-term, temporary care that is provided to	42655
a mentally retarded or developmentally disabled person to sustain	42656
the family structure or to meet planned or emergency needs of the	42657
family.	42658

(B) Subject to rules adopted by the director of mental	42659
retardation and developmental disabilities, and subject to the	42660
availability of money from state and federal sources, the county	42661
board of mental retardation and developmental disabilities shall	42662
establish a family support services program. Under such a	42663
program, the board shall make payments to an individual with	42664
mental retardation or other developmental disability or the family	42665
of an individual with mental retardation or other developmental	42666
disability who desires to remain in and be supported in the family	42667
home. Payments shall be made for all or part of costs incurred or	42668
estimated to be incurred for services that would promote	42669
self-sufficiency and normalization, prevent or reduce	42670
inappropriate institutional care, and further the unity of the	42671
family by enabling the family to meet the special needs of the	42672
individual and to live as much like other families as possible.	42673
Payments may be made in the form of reimbursement for expenditures	42674
or in the form of vouchers to be used to purchase services.	42675

(C) Payment shall not be made under this section to an	42676
individual or the individual's family if the individual is living	42677
in a residential facility that is providing residential services	42678
under contract with the department of mental retardation and	42679
developmental disabilities or a county board.	42680

(D) Payments may be made for the following services:

42681

(1) Respite care, in or out of the home;

42682

(2) Counseling, supervision, training, and education ~~for~~ of	42683
the individual, the individual's caregivers, and members of the	42684
individual's family that aid the family in providing proper care	42685
for the individual ~~and~~, provide for the special needs of the	42686
family, and assist in all aspects of the individual's daily	42687
living;	42688

(3) Special diets, purchase or lease of special equipment,	42689
or modifications of the home, if such diets, equipment, or	42690
modifications are necessary to improve or facilitate the care and	42691
living environment of the individual;	42692

(4) Providing support necessary for the individual's	42693
continued skill development, including such services as	42694
development of interventions to cope with unique problems that may	42695
occur within the complexity of the family, enrollment of the	42696
individual in special summer programs, provision of appropriate	42697
leisure activities, and other social skills development	42698
activities;	42699

(5) Any other services that are consistent with the purposes	42700
specified in division (B) of this section and specified in the	42701
individual's service plan.	42702

(E) In order to be eligible for payments under a family	42703
support services program, the individual or the individual's	42704
family must reside in the county served by the county board, and	42705
the individual must be in need of habilitation. Payments shall be	42706
adjusted for income in accordance with the payment schedule	42707
established in rules adopted under this section. Payments shall	42708
be made only after the county board has taken into account all	42709
other available assistance for which the individual or family is	42710
eligible.	42711

(F) Before incurring expenses for a service for which	42712
payment will be sought under a family support services program,	42713
the individual or family shall apply to the county board for a	42714
determination of eligibility and approval of the service. The	42715
service need not be provided in the county served by the county	42716
board. After being determined eligible and receiving approval for	42717
the service, the individual or family may incur expenses for the	42718
service or use the vouchers received from the county board for the	42719
purchase of the service.	42720

If the county board refuses to approve a service, an appeal	42721
may be made in accordance with rules adopted by the department	42722
under this section.	42723

(G) To be reimbursed for expenses incurred for approved	42724
services, the individual or family shall submit to the county	42725
board a statement of the expenses incurred accompanied by any	42726
evidence required by the board. To redeem vouchers used to	42727
purchase approved services, the entity that provided the service	42728
shall submit to the county board evidence that the service was	42729
provided and a statement of the charges. The county board shall	42730
make reimbursements and redeem vouchers no later than forty-five	42731
days after it receives the statements and evidence required by	42732
this division.	42733

(H) A county board shall consider the following objectives	42734
in carrying out a family support services program:	42735

(1) Enabling individuals to return to their families from an	42736
institution under the jurisdiction of the department of mental	42737
retardation and developmental disabilities;	42738

(2) Enabling individuals found to be subject to	42739
institutionalization by court order under section 5123.76 of the	42740
Revised Code to remain with their families with the aid of	42741
payments provided under this section;	42742

(3) Providing services to eligible children and adults	42743
currently residing in the community;	42744

(4) Providing services to individuals with developmental	42745
disabilities who are not receiving other services from the board.	42746

(I) The director shall adopt, and may amend and rescind,	42747
rules for the implementation of family support services programs	42748
by county boards. Such rules shall include the following:	42749

(1) A payment schedule adjusted for income;

42750

(2) A formula for distributing to county boards the money	42751
appropriated for family support services;	42752

(3) Standards for supervision, training, and quality control	42753
in the provision of respite care services;	42754

(4) Eligibility standards and procedures for providing	42755
temporary emergency respite care;	42756

(5) Procedures for hearing and deciding appeals made under	42757
division (F) of this section;	42758

(6) Requirements to be followed by county boards regarding	42759
reports submitted under division (K) of this section.	42760

Rules adopted under divisions (I)(1) and (2) of this section	42761
shall be adopted in accordance with section 111.15 of the Revised	42762
Code. Rules adopted under divisions (I)(3) to (6) of this section	42763
shall be adopted in accordance with Chapter 119. of the Revised	42764
Code.	42765

(J) All individuals certified by the superintendent of the	42766
county board as eligible for temporary emergency respite care in	42767
accordance with rules adopted under this section shall be	42768
considered eligible for temporary emergency respite care for not	42769
more than five days to permit the determination of eligibility for	42770
family support services. The requirements of divisions (E) and	42771
(F) of this section do not apply to temporary emergency respite	42772
care.	42773

(K) On the first day of July of each year, the department of	42774
mental retardation and developmental disabilities shall distribute	42775
to county boards money appropriated for family support services. A	42776
county board shall use no more than seven per cent of the funds	42777
for administrative costs. Each county board shall submit reports	42778
to the department on payments made under this section. The	42779
reports shall be submitted at those times and in the manner	42780
specified in rules adopted under this section.	42781

(L) The county board shall not be required to make payments	42782
for family support services at a level that exceeds available	42783
state and federal funds for such payments.	42784

Sec. 5126.12. (A) As used in this section:

42785

(1) "Approved school age ~~unit~~ class" means a class ~~or unit~~	42786
operated by a county board of mental retardation and developmental	42787
disabilities and ~~approved~~ funded by the ~~state board~~ department of	42788
education under ~~division (D) of~~ section ~~3317.05~~ 3317.20 of the	42789
Revised Code.	42790

(2) "Approved preschool unit" means a class or unit operated	42791
by a county board of mental retardation and developmental	42792
disabilities and approved by the state board of education under	42793
division (B) of section 3317.05 of the Revised Code.	42794

(3) "Active treatment" means a continuous treatment program,	42795
which includes aggressive, consistent implementation of a program	42796
of specialized and generic training, treatment, health services,	42797
and related services, that is directed toward the acquisition of	42798
behaviors necessary for an individual with mental retardation or	42799
other developmental disability to function with as much	42800
self-determination and independence as possible and toward the	42801
prevention of deceleration, regression, or loss of current optimal	42802
functional status.	42803

(4) "Eligible for active treatment" means that an individual	42804
with mental retardation or other developmental disability resides	42805
in an intermediate care facility for the mentally retarded	42806
certified under Title XIX of the "Social Security Act," 49 Stat.	42807
620 (1935), 42 U.S.C. 301, as amended; resides in a state	42808
institution operated by the department of mental retardation and	42809
developmental disabilities; or is enrolled in a home and	42810
community-based services waiver program administered by the	42811
department of mental retardation and developmental disabilities as	42812
part of the medical assistance program established under section	42813
5111.01 of the Revised Code.	42814

(5) "Community alternative funding system" means the program	42815
under which habilitation center services are reimbursed under the	42816
~~medical assistance~~ medicaid program pursuant to section 5111.041	42817
of the Revised Code and rules adopted under that section.	42818

(6) ~~"Community employment program" means community employment~~	42819
~~services provided outside of a sheltered workshop setting under~~	42820
~~which the person earns competitive wages for the performance of~~	42821
~~work.~~	42822

~~(7)~~ "Traditional adult services" means vocational and	42823
nonvocational activities conducted within a sheltered workshop or	42824
adult activity center or supportive home services.	42825

(B) Each county board of mental retardation and	42826
developmental disabilities shall certify to the director of mental	42827
retardation and developmental disabilities all of the following:	42828

(1) On or before the fifteenth day of October, the average	42829
daily membership for the first full week of programs and services	42830
during October receiving:	42831

(a) Early childhood services provided pursuant to section	42832
5126.05 of the Revised Code for children who are less than three	42833
years of age on the thirtieth day of September of the academic	42834
year;	42835

(b) Special education for handicapped children in approved	42836
school age ~~units~~ classes;	42837

(c) Adult services for persons sixteen years of age and	42838
older operated pursuant to section 5126.05 and division (B) of	42839
section 5126.051 of the Revised Code. Separate counts shall be	42840
made for the following:	42841

(i) Persons enrolled in traditional adult services who are	42842
eligible for but not enrolled in active treatment under the	42843
community alternative funding system;	42844

(ii) Persons enrolled in traditional adult services who are	42845
eligible for and enrolled in active treatment under the community	42846
alternative funding system;	42847

(iii) Persons enrolled in traditional adult services but who	42848
are not eligible for active treatment under the community	42849
alternative funding system;	42850

(iv) Persons participating in community employment services.	42851
To be counted as participating in community employment services, a	42852
person must have spent an average of no less than ten hours per	42853
week in that employment during the preceding six months.	42854

(d) Other programs in the county for individuals with mental	42855
retardation and developmental disabilities that have been approved	42856
for payment of subsidy by the department of mental retardation and	42857
developmental disabilities.	42858

The membership in each such program and service in the county	42859
shall be reported on forms prescribed by the department of mental	42860
retardation and developmental disabilities.	42861

The department of mental retardation and developmental	42862
disabilities shall adopt rules defining full-time equivalent	42863
enrollees and for determining the average daily membership	42864
therefrom, except that certification of average daily membership	42865
in approved school age ~~units~~ classes shall be in accordance with	42866
rules adopted by the state board of education. The average daily	42867
membership figure shall be determined by dividing the amount	42868
representing the sum of the number of enrollees in each program or	42869
service in the week for which the certification is made by the	42870
number of days the program or service was offered in that week. No	42871
enrollee may be counted in average daily membership for more than	42872
one program or service.	42873

(2) By the fifteenth day of December, the number of children	42874
enrolled in approved preschool units on the first day of December;	42875

(3) On or before the thirtieth day of March, an itemized	42876
report of all income and operating expenditures for the	42877
immediately preceding calendar year, in the format specified by	42878
the department of mental retardation and developmental	42879
disabilities;	42880

(4) By the fifteenth day of February, a report of the total	42881
annual cost per enrollee for operation of programs and services in	42882
the preceding calendar year. The report shall include a grand	42883
total of all programs operated, the cost of the individual	42884
programs, and the sources of funds applied to each program.	42885

(5) That each required certification and report is in	42886
accordance with rules established by the department of mental	42887
retardation and developmental disabilities and the state board of	42888
education for the operation and subsidization of the programs and	42889
services.	42890

(C) To compute payments under this section to the board for	42891
the fiscal year, the department of mental retardation and	42892
developmental disabilities shall use the certification of average	42893
daily membership required by division (B)(1) of this section	42894
exclusive of the average daily membership in any approved school	42895
age ~~unit~~ class and the number in any approved preschool unit.	42896

(D) The department shall pay each county board for each	42897
fiscal year an amount equal to nine hundred fifty dollars times	42898
the certified number of persons who on the first day of December	42899
of the academic year are under three years of age and are not in	42900
an approved preschool unit. For persons who are at least age	42901
sixteen and are not in an approved school age ~~unit~~ class, the	42902
department shall pay each county board for each fiscal year the	42903
following amounts:	42904

(1) One thousand dollars times the certified average daily	42905
membership of persons enrolled in traditional adult services who	42906
are eligible for but not enrolled in active treatment under the	42907
community alternative funding system;	42908

(2) One thousand two hundred dollars times the certified	42909
average daily membership of persons enrolled in traditional adult	42910
services who are eligible for and enrolled in active treatment	42911
under the community alternative funding system;	42912

(3) No less than one thousand five hundred dollars times the	42913
certified average daily membership of persons enrolled in	42914
traditional adult services but who are not eligible for active	42915
treatment under the community alternative funding system;	42916

(4) No less than one thousand five hundred dollars times the	42917
certified average daily membership of persons participating in	42918
community employment services.	42919

(E) The department shall distribute this subsidy to county	42920
boards in semiannual installments of equal amounts. The	42921
installments shall be made not later than the thirty-first day of	42922
August and the thirty-first day of January.	42923

(F) The director of mental retardation and developmental	42924
disabilities shall make efforts to obtain increases in the	42925
subsidies for early childhood services and adult services so that	42926
the amount of the subsidies is equal to at least fifty per cent of	42927
the statewide average cost of those services minus any applicable	42928
federal reimbursements for those services. The director shall	42929
advise the director of budget and management of the need for any	42930
such increases when submitting the biennial appropriations request	42931
for the department.	42932

(G) In determining the reimbursement of a county board for	42933
the provision of ~~case management and~~ service and support	42934
administration, family support services, and other services	42935
required or approved by the director for which children three	42936
through twenty-one years of age are eligible, the department shall	42937
include the average daily membership in approved school age or	42938
preschool units. The department, in accordance with this section	42939
and upon receipt and approval of the certification required by	42940
this section and any other information it requires to enable it to	42941
determine a board's payments, shall pay the agency providing the	42942
specialized training the amounts payable under this section.	42943

Sec. 5126.14. The entity responsible for the program	42944
management included in adult day habilitation services,	42945
residential services, and supported living shall provide	42946
administrative oversight by doing all of the following:	42947

(A) Having available supervisory personnel to monitor and	42948
ensure implementation of all interventions in accordance with	42949
every individual service plan implemented by the staff who work	42950
with the individuals receiving the services;	42951

(B) Providing appropriate training and technical assistance	42952
for all staff who work with the individuals receiving services;	42953

(C) Communicating with service and support administration	42954
staff for the purpose of coordinating activities to ensure that	42955
services are provided to individuals in accordance with individual	42956
service plans and intended outcomes;	42957

(D) Monitoring for major unusual incidents and cases of	42958
abuse, neglect, or exploitation involving the individual under the	42959
care of staff who are providing the services; taking immediate	42960
actions as necessary to maintain the health, safety, and welfare	42961
of the individuals receiving the services; and providing notice of	42962
major unusual incidents and suspected cases of abuse, neglect, or	42963
exploitation to the investigative agent for the county board of	42964
mental retardation and developmental disabilities;	42965

(E) Performing other administrative duties as required by	42966
state or federal law or by the county board of mental retardation	42967
and developmental disabilities through contracts with providers.	42968

Sec. 5126.15. (A) A county board of mental retardation and	42969
developmental disabilities shall provide ~~the case management~~	42970
~~services specified in rules adopted by the department of mental~~	42971
~~retardation and developmental disabilities under section 5126.08~~	42972
~~of the Revised Code to individuals who are eligible for other~~	42973
~~programs and services. A county board shall make determinations~~	42974
~~of eligibility for case management services in accordance with~~	42975
~~standards established in rules adopted by the department under~~	42976
~~section 5126.08 of the Revised Code.~~	42977

~~Case management services shall be a mechanism to improve the~~	42978
~~quality and appropriateness of services rendered to individuals.~~	42979
~~In carrying out case management responsibilities, including~~	42980
~~monitoring the provision of services to individuals, case managers~~	42981
~~shall be impartial toward all providers of services and shall show~~	42982
~~no preference toward any provider.~~	42983

~~(B) A county board may provide case management services~~	42984
~~directly or by contracting for the provision of services with~~	42985
~~other public or private, nonprofit or profit-making agencies or~~	42986
~~organizations. The county board or the agency or organization~~	42987
~~with which the board contracts for case management services shall~~	42988
~~establish a separate service unit for case management, responsible~~	42989
~~directly to the superintendent of the county board and independent~~	42990
~~of all other programs of the county board, agency, or~~	42991
~~organization.~~	42992

~~Persons employed as county board case managers shall be~~	42993
~~assigned no program duties by the county board. County board case~~	42994
~~managers~~ service and support administration to each individual who	42995
is eligible for other services of the board. A board may provide	42996
service and support administration to an individual who is not	42997
eligible for other services of the board. Service and support	42998
administration shall be provided in accordance with rules adopted	42999
under section 5126.08 of the Revised Code.	43000

A board may provide service and support administration by	43001
directly employing service and support administrators or by	43002
contracting with entities for the performance of service and	43003
support administration. Individuals employed or under contract as	43004
service and support administrators shall not be in the same	43005
collective bargaining unit as employees who perform duties that	43006
are not administrative.	43007

Individuals employed by a board as service and support	43008
administrators shall not be assigned responsibilities for	43009
implementing services for individuals and shall not be employed by	43010
or serve in a decision-making or policy-making capacity for any	43011
other ~~agency or organization~~ entity that provides programs or	43012
services to individuals with mental retardation or developmental	43013
disabilities.	43014

~~A county board that is a party to an agreement with other~~	43015
~~county boards or other agencies or organizations under which~~	43016
~~facilities, programs, or services are operated or provided shall~~	43017
~~establish a clear policy regarding the relationships between the~~	43018
~~case managers and the boards, agencies, or organizations that are~~	43019
~~parties to the agreement.~~	43020

~~(C) Each county board shall develop procedures, in~~	43021
~~accordance with rules adopted by the department of mental~~	43022
~~retardation and developmental disabilities, for the resolution of~~	43023
~~grievances in connection with case management services.~~	43024

~~(D)~~ (B) The individuals employed by or under contract with a	43025
board to provide service and support administration shall do all	43026
of the following:	43027

(1) Establish an individual's eligibility for the services	43028
of the county board of mental retardation and developmental	43029
disabilities;	43030

(2) Assess individual needs for services;

43031

(3) Develop individual service plans with the active	43032
participation of the individual to be served, other persons	43033
selected by the individual, and, when applicable, the provider	43034
selected by the individual, and recommend the plans for approval	43035
by the department of mental retardation and developmental	43036
disabilities when services included in the plans are funded	43037
through medicaid;	43038

(4) Establish budgets for services based on the individual's	43039
assessed needs and preferred ways of meeting those needs;	43040

(5) Assist individuals in making selections from among the	43041
providers they have chosen;	43042

(6) Ensure that services are effectively coordinated and	43043
provided by appropriate providers;	43044

(7) Establish and implement an ongoing system of monitoring	43045
the implementation of individual service plans to achieve	43046
consistent implementation and the desired outcomes for the	43047
individual;	43048

(8) Perform quality assurance reviews as a distinct function	43049
of service and support administration;	43050

(9) Incorporate the results of quality assurance reviews and	43051
identified trends and patterns of unusual incidents and major	43052
unusual incidents into amendments of an individual's service plan	43053
for the purpose of improving and enhancing the quality and	43054
appropriateness of services rendered to the individual;	43055

(10) Ensure that each individual receiving services has a	43056
designated person who is responsible on a continuing basis for	43057
providing the individual with representation, advocacy, advice,	43058
and assistance related to the day-to-day coordination of services	43059
in accordance with the individual's service plan. The service and	43060
support administrator shall give the individual receiving services	43061
an opportunity to designate the person to provide daily	43062
representation. If the individual declines to make a designation,	43063
the administrator shall make the designation. In either case, the	43064
individual receiving services may change at any time the person	43065
designated to provide daily representation.	43066

(C) Subject to available funds, the department of mental	43067
retardation and developmental disabilities shall pay a county	43068
board an annual subsidy for ~~case management services if the ratio~~	43069
~~of the board's average daily membership certified under section~~	43070
~~5126.12 of the Revised Code to the number of case managers~~	43071
~~employed by the board is at least equal to the minimum ratio~~	43072
~~specified in rules the Department shall adopt in accordance with~~	43073
~~Chapter 119. of the Revised Code~~ service and support	43074
administration. The amount of the subsidy shall be equal to the	43075
greater of twenty thousand dollars or two hundred dollars times	43076
the board's certified average daily membership. The payments	43077
shall be made in semiannual installments, which shall be made no	43078
later than the thirty-first day of August and the thirty-first day	43079
of January. Funds received shall be used solely for ~~case~~	43080
~~management services~~ service and support administration.	43081

Sec. 5126.16. As used in sections 5126.16 to 5126.18 of the	43082
Revised Code:	43083

(A) "Taxable value" means the total taxable value of real and	43084
public utility property and of tangible personal property in a	43085
county as shown on the county auditor's tax lists.	43086

(B) "Taxes" means the total taxes levied pursuant to division	43087
(L) of section 5705.19 of the Revised Code or pursuant to that	43088
section and section 5705.222, as shown on the preceding year's tax	43089
lists of real and public utility property and tangible personal	43090
property, after making the reductions required by section 319.301	43091
of the Revised Code.	43092

(C) "Enrollment" means a county board of mental retardation	43093
and developmental disabilities' average daily membership of	43094
programs and services as certified under divisions (B)(1)(a), (b),	43095
and (c) and (B)(2) of section 5126.12 of the Revised Code,	43096
exclusive of individuals who are served solely through ~~case~~	43097
~~management~~ service and support administration provided pursuant to	43098
section 5126.15 of the Revised Code or family support services	43099
provided pursuant to ~~sections~~ section 5126.11 ~~and 5126.15~~ of the	43100
Revised Code.	43101

(D) "Effective tax rate" for a county board means a fraction,	43102
the numerator of which is the county board's taxes and the	43103
denominator of which is the county board's taxable value.	43104

(E) "Local revenue factor" means a county board's taxes	43105
divided by the lesser of the aggregate rate of tax authorized to	43106
be levied by the board of county commissioners pursuant to	43107
division (L) of section 5705.19 and section 5705.222 of the	43108
Revised Code or the aggregate rate of tax authorized pursuant to	43109
that division and that section and certified to the county auditor	43110
under section 319.30 of the Revised Code.	43111

(F) "Hypothetical local revenue per enrollee" means the	43112
quotient obtained by dividing a county board's local revenue	43113
factor by its enrollment.	43114

(G) "Hypothetical statewide average revenue per enrollee"	43115
means the quotient obtained by dividing the sum of all county	43116
boards' local revenue factors by the total enrollment of all	43117
county boards.	43118

(H) "Infant and adult enrollment" means a county board of	43119
mental retardation and developmental disabilities' total average	43120
daily membership of programs and services as certified under	43121
divisions (B)(1)(a) and (c) of section 5126.12 of the Revised	43122
Code, exclusive of individuals who are served solely through ~~case~~	43123
~~management~~ service and support administration provided pursuant to	43124
section 5126.15 of the Revised Code or family support services	43125
provided pursuant to ~~sections~~ section 5126.11 ~~and 5126.15~~ of the	43126
Revised Code.	43127

Sec. 5126.18. (A) The department of mental retardation and	43128
developmental disabilities ~~may~~ shall pay to each county board of	43129
mental retardation and developmental disabilities whose	43130
hypothetical local revenue per enrollee is less than the	43131
hypothetical statewide average revenue per enrollee the amount	43132
computed under division (B) of this section. ~~If this section is~~	43133
~~implemented in any year, payments~~ Payments shall be made on or	43134
before the thirtieth day of September.	43135

(B) Except as provided in division (C) of this section, the	43136
amount to be paid to a county board shall be equal to the	43137
following:	43138

(1) If the county board's effective tax rate is equal to or	43139
greater than one mill, the product obtained by multiplying the	43140
following two quantities:	43141

(a) The amount by which the hypothetical statewide average	43142
revenue per enrollee exceeds the county board's hypothetical local	43143
revenue per enrollee;	43144

(b) The county board's infant and adult enrollment.

43145

(2) If the county board's effective tax rate is less than	43146
one mill, the product obtained by multiplying the following three	43147
quantities:	43148

(a) The amount by which the hypothetical statewide average	43149
revenue per enrollee exceeds the county board's hypothetical local	43150
revenue per enrollee;	43151

(b) The county board's infant and adult enrollment;

43152

(c) The quotient obtained by dividing the county board's	43153
effective tax rate by one mill.	43154

(C)(1) For each individual who is enrolled in active	43155
treatment under the community alternative funding system as	43156
defined in section 5126.12 of the Revised Code, the department may	43157
reduce the portion of the payment made under this section for that	43158
individual by fifty per cent or less.	43159

(2) If, in any year, an appropriation by the general	43160
assembly to the department for purposes of this section is less	43161
than the total amount required to make, in full, the payments as	43162
determined under and authorized by this section, the department	43163
shall pay each county board the same percentage of the board's	43164
payment as determined under this section without regard to this	43165
division that the amount of the appropriation available for	43166
purposes of this section is of the total amount of payments as	43167
determined under this section without regard to this division.	43168

(3) Payments made to a county board pursuant to this section	43169
shall not exceed thirty per cent of the payments made to that	43170
board pursuant to section 5126.12 of the Revised Code.	43171

(D) Payments made under this section are supplemental to all	43172
other state or federal funds for which county boards are eligible	43173
and shall be made from funds appropriated for purposes of this	43174
section. ~~The~~ A county board shall use the payments ~~shall be used~~	43175
solely ~~for the development and implementation of early~~	43176
~~intervention services for individuals included in the board's~~	43177
~~infant enrollment and adult services for individuals included in~~	43178
~~the board's adult enrollment~~ to pay the nonfederal share of	43179
medicaid expenditures that division (A) of section 5126.056 of the	43180
Revised Code requires the county board to pay.	43181

(E) Each county board that receives a payment under this	43182
section shall, for each year it receives a payment, certify to the	43183
department that it will make a good faith effort to obtain	43184
revenues, including federal funds, for services to individuals	43185
included in its infant and adult enrollment.	43186

Sec. 5126.19. (A) The director of mental retardation and	43187
developmental disabilities may grant temporary funding from the	43188
community mental retardation and developmental disabilities trust	43189
fund to a county board of mental retardation and developmental	43190
disabilities. With the consent of the county board, the director	43191
may distribute all or part of the funding directly to the persons	43192
who provide the services for which the funding is granted.	43193

(B) Funding granted under this section shall be granted	43194
according to the availability of moneys in the fund and priorities	43195
established by the director. Funding may be granted for any of	43196
the following purposes:	43197

(1) Behavioral or short-term interventions for persons with	43198
mental retardation or developmental disabilities that assist them	43199
in remaining in the community by preventing institutionalization;	43200

(2) Emergency respite care services, as defined in section	43201
5126.11 of the Revised Code;	43202

(3) Family support services provided under section 5126.11	43203
of the Revised Code;	43204

(4) Supported living, as defined in section 5126.01 of the	43205
Revised Code;	43206

(5) Staff training for county board employees, employees of	43207
providers of residential services as defined in section 5126.01 of	43208
the Revised Code, and other personnel under contract with a county	43209
board, to provide the staff with necessary training in serving	43210
mentally retarded or developmentally disabled persons in the	43211
community;	43212

(6) Short-term provision of early childhood services	43213
provided under section 5126.05, adult services provided under	43214
sections 5126.05 and 5126.051, and ~~case management services~~	43215
service and support administration provided under section 5126.15	43216
of the Revised Code, when local moneys are insufficient to meet	43217
the need for such services due to the successive failure within a	43218
two-year period of three or more proposed levies for the services;	43219

(7) Contracts with providers of residential services to	43220
maintain persons with mental retardation and developmental	43221
disabilities in their programs and avoid institutionalization.	43222

(C) If the trust fund contains more than ten million dollars	43223
on the first day of July the director shall use one million	43224
dollars for payments under section 5126.12 of the Revised Code,	43225
one million dollars for payments under section 5126.18 of the	43226
Revised Code, and two million dollars for payments under section	43227
5126.44 of the Revised Code. Distributions of funds under this	43228
division shall be made prior to August 31 of the state fiscal year	43229
in which the funds are available. The funds shall be distributed	43230
to a county board in an amount equal to the same percentage of the	43231
total amount distributed for the services that the county board	43232
received in the immediately preceding state fiscal year.	43233

Sec. 5126.20. As used in this section and sections 5126.21	43234
to 5126.29 of the Revised Code:	43235

(A) "Service employee" means a person employed by a county	43236
board of mental retardation and developmental disabilities in a	43237
position which may require evidence of registration under section	43238
5126.25 of the Revised Code but for which a bachelor's degree from	43239
an accredited college or university is not required, and includes	43240
employees in the positions listed in division (C) of section	43241
5126.22 of the Revised Code.	43242

(B) "Professional employee" means a person employed by a	43243
board in a position for which either a bachelor's degree from an	43244
accredited college or university or a license or certificate	43245
issued under Title XLVII of the Revised Code is a minimum	43246
requirement, and includes employees in the positions listed in	43247
division (B) of section 5126.22 of the Revised Code.	43248

(C) "Management employee" means a person employed by a board	43249
in a position having supervisory or managerial responsibilities	43250
and duties, and includes employees in the positions listed in	43251
division (A) of section 5126.22 of the Revised Code.	43252

(D) "Limited contract" means a contract of limited duration	43253
which is renewable at the discretion of the superintendent.	43254

(E) "Continuing contract" means a contract of employment	43255
that was issued prior to June 24, 1988, to a classified employee	43256
under which the employee has completed ~~his~~ the employee's	43257
probationary period and under which he the employee retains ~~his~~	43258
employment until he the employee retires or resigns, is removed	43259
pursuant to section 5126.23 of the Revised Code, or is laid off.	43260

(F) "Supervisory responsibilities and duties" includes the	43261
authority to hire, transfer, suspend, lay off, recall, promote,	43262
discharge, assign, reward, or discipline other employees of the	43263
board; to responsibly direct them; to adjust their grievances; or	43264
to effectively recommend such action, if the exercise of that	43265
authority is not of a merely routine or clerical nature but	43266
requires the use of independent judgment.	43267

(G) "Managerial responsibilities and duties" includes	43268
formulating policy on behalf of the board, responsibly directing	43269
the implementation of policy, assisting in the preparation for the	43270
conduct of collective negotiations, administering collectively	43271
negotiated agreements, or having a major role in personnel	43272
administration.	43273

(H) "Investigative agent" means an individual who conducts	43274
investigations under section 5126.313 of the Revised Code.	43275

Sec. 5126.22. (A) Employees who hold the following	43276
positions in a county board of mental retardation and	43277
developmental disabilities are management employees:	43278

assistant superintendent

43279

director of business

43280

director of personnel

43281

adult services director

43282

workshop director

43283

habilitation manager

43284

director of residential services

43285

principal (director of children services)

43286

program or service supervisor

43287

plant manager

43288

production manager

43289

~~case management~~ service and support administration supervisor

43290

investigative agent

43291

confidential employees as defined in section 4117.01 of the	43292
Revised Code	43293

positions designated by the director of mental retardation	43294
and developmental disabilities as having managerial or supervisory	43295
responsibilities and duties	43296

positions designated by the county board in accordance with	43297
division (D) of this section.	43298

(B) Employees who hold the following positions in a board	43299
are professional employees:	43300

personnel certified pursuant to Chapter 3319. of the Revised	43301
Code	43302

early intervention specialist

43303

physical development specialist

43304

habilitation specialist

43305

work adjustment specialist

43306

placement specialist

43307

vocational evaluator

43308

psychologist

43309

occupational therapist

43310

speech and language pathologist

43311

recreation specialist

43312

behavior management specialist

43313

physical therapist

43314

supportive home services specialist

43315

licensed practical nurse or registered nurse

43316

rehabilitation counselor

43317

doctor of medicine and surgery or of osteopathic medicine and	43318
surgery	43319

dentist

43320

~~case manager~~ service and support administrator

43321

social worker

43322

any position that is not a management position and for which	43323
the standards for certification established by the director of	43324
mental retardation and developmental disabilities under section	43325
5126.25 of the Revised Code require a bachelor's or higher degree	43326

professional positions designated by the director

43327

professional positions designated by the county board in	43328
accordance with division (D) of this section.	43329

(C) Employees who hold positions in a board that are neither	43330
management positions nor professional positions are service	43331
employees. Service employee positions include:	43332

workshop specialist

43333

workshop specialist assistant

43334

contract procurement specialist

43335

community employment specialist

43336

any assistant to a professional employee certified to	43337
provide, or supervise the provision of, adult services or ~~case~~	43338
~~management~~ service and support administration	43339

service positions designated by the director

43340

service positions designated by a county board in accordance	43341
with division (D) of this section.	43342

(D) A county board may designate a position only if the	43343
position does not include directly providing, or supervising	43344
employees who directly provide, service or instruction to	43345
individuals with mental retardation or developmental disabilities.	43346

(E) If a county board desires to have a position established	43347
that is not specifically listed in this section that includes	43348
directly providing, or supervising employees who directly provide,	43349
services or instruction to individuals with mental retardation or	43350
developmental disabilities, the board shall submit to the director	43351
a written description of the position and request that the	43352
director designate the position as a management, professional, or	43353
service position under this section. The director shall consider	43354
each request submitted under this division and respond within	43355
thirty days. If the director approves the request, he the	43356
director shall designate the position as a management,	43357
professional, or service position.	43358

(F) A county board shall not terminate its employment of any	43359
management, professional, or service employee solely because a	43360
position is added to or eliminated from those positions listed in	43361
this section or because a position is designated or no longer	43362
designated by the director or a county board.	43363

Sec. 5126.221. Each county board of mental retardation and	43364
developmental disabilities shall employ at least one investigative	43365
agent or contract with a person or government entity, including	43366
another county board of mental retardation and developmental	43367
disabilities or a regional council established under section	43368
5126.13 of the Revised Code, for the services of an investigative	43369
agent. Neither a county board nor a person or government entity	43370
with which a county board contracts for the services of an	43371
investigative agent shall assign any duties to an investigative	43372
agent other than conducting investigations under section 5126.313	43373
of the Revised Code.	43374

All investigative agents shall be trained in civil and	43375
criminal investigatory practices and report directly to a county	43376
board's superintendent. No investigative agent shall do anything	43377
that interferes with the investigative agent's objectivity in	43378
conducting investigations under section 5126.313 of the Revised	43379
Code.	43380

Sec. 5126.25. (A) The director of mental retardation and	43381
developmental disabilities shall adopt rules in accordance with	43382
Chapter 119. of the Revised Code establishing uniform standards	43383
and procedures for the certification of persons for employment by	43384
county boards of mental retardation and developmental disabilities	43385
as superintendents, management employees, and professional	43386
employees and uniform standards and procedures for the	43387
registration of persons for employment by county boards as	43388
registered service employees. As part of the rules, the director	43389
may establish continuing education and professional training	43390
requirements for renewal of certificates and evidence of	43391
registration and shall establish such requirements for renewal of	43392
an investigative agent certificate. The director shall not adopt	43393
rules that require any service employee to have or obtain a	43394
bachelor's or higher degree.	43395

The director shall adopt a rule that requires an	43396
investigative agent to have or obtain no less than an associate	43397
degree from an accredited college or university.	43398

The director shall not adopt rules for certification of	43399
service and support administrators that require an individual to	43400
have higher than an associate's degree. The rules shall permit	43401
certification of an individual without an associate's degree if	43402
the individual has adequate experience.	43403

The director shall adopt the rules in a manner that provides	43404
for the issuance of certificates and evidence of registration	43405
according to categories, levels, and grades. The rules shall	43406
describe each category, level, and grade.	43407

The rules adopted under this division shall apply to persons	43408
employed or seeking employment in a position that includes	43409
directly providing, or supervising persons who directly provide,	43410
services or instruction to or on behalf of individuals with mental	43411
retardation or developmental disabilities, except that the rules	43412
shall not apply to persons who hold a valid license issued under	43413
Chapter 3319. of the Revised Code and perform no duties other than	43414
teaching or supervision of a teaching program or persons who hold	43415
a valid license or certificate issued under Title XLVII of the	43416
Revised Code and perform only those duties governed by the license	43417
or certificate. The rules shall specify the positions that require	43418
certification or registration. The rules shall specify that the	43419
position of investigative agent requires certification.	43420

(B) The director shall adopt rules in accordance with	43421
Chapter 119. of the Revised Code establishing standards for	43422
approval of courses of study to prepare persons to meet	43423
certification requirements. The director shall approve courses of	43424
study meeting the standards and provide for the inspection of the	43425
courses to ensure the maintenance of satisfactory training	43426
procedures. The director shall approve courses of study only if	43427
given by a state university or college as defined in section	43428
3345.32 of the Revised Code, a state university or college of	43429
another state, or an institution that has received a certificate	43430
of authorization to confer degrees from the board of regents	43431
pursuant to Chapter 1713. of the Revised Code or from a comparable	43432
agency of another state.	43433

(C) Each applicant for a certificate for employment or	43434
evidence of registration for employment by a county board shall	43435
apply to the department of mental retardation and developmental	43436
disabilities on forms that the director of the department shall	43437
prescribe and provide. The application shall be accompanied by	43438
the application fee established in rules adopted under this	43439
section.	43440

(D) The director shall issue a certificate for employment to	43441
each applicant who meets the standards for certification	43442
established under this section and shall issue evidence of	43443
registration for employment to each applicant who meets the	43444
standards for registration established under this section. Each	43445
certificate or evidence of registration shall state the category,	43446
level, and grade for which it is issued.	43447

The director shall issue, renew, deny, suspend, or revoke	43448
certificates and evidence of registration in accordance with rules	43449
adopted under this section. The director shall deny, suspend, or	43450
revoke a certificate or evidence of registration if the director	43451
finds, pursuant to an adjudication conducted in accordance with	43452
Chapter 119. of the Revised Code, that the applicant for or holder	43453
of the certificate or evidence of registration is guilty of	43454
intemperate, immoral, or other conduct unbecoming to the	43455
applicant's or holder's position, or is guilty of incompetence or	43456
negligence within the scope of the applicant's or holder's duties.	43457
The director shall deny or revoke a certificate or evidence of	43458
registration if the director finds, pursuant to an adjudication	43459
conducted in accordance with Chapter 119. of the Revised Code,	43460
that the applicant for or holder of the certificate or evidence of	43461
registration has been convicted of or pleaded guilty to any of the	43462
offenses described in division (E) of section 5126.28 of the	43463
Revised Code, unless the individual meets standards for	43464
rehabilitation that the director establishes in the rules adopted	43465
under that section. Evidence supporting such allegations shall be	43466
presented to the director in writing and the director shall	43467
provide prompt notice of the allegations to the person who is the	43468
subject of the allegations. A denial, suspension, or revocation	43469
may be appealed in accordance with procedures the director shall	43470
establish in the rules adopted under this section.	43471

(E)(1) A person holding a valid certificate under this	43472
section on the effective date of any rules adopted under this	43473
section that increase certification standards shall have such	43474
period as the rules prescribe, but not less than one year after	43475
the effective date of the rules, to meet the new certification	43476
standards.	43477

A person who is registered under this section on the	43478
effective date of any rule that changes the standards adopted	43479
under this section shall have such period as the rules prescribe,	43480
but not less than one year, to meet the new registration	43481
standards.	43482

(2) If an applicant for a certificate for employment has not	43483
completed the courses of instruction necessary to meet the	43484
department's standards for certification, the department shall	43485
inform the applicant of the courses the applicant must	43486
successfully complete to meet the standards and shall specify the	43487
time within which the applicant must complete the courses. The	43488
department shall grant the applicant at least one year to complete	43489
the courses and shall not require the applicant to complete more	43490
than four courses in any one year. The applicant is not subject	43491
to any changes regarding the courses required for certification	43492
that are made after the department informs the applicant of the	43493
courses the applicant must complete, unless the applicant does not	43494
successfully complete the courses within the time specified by the	43495
department.	43496

(F) A person who holds a certificate or evidence of	43497
registration, other than one designated as temporary, is qualified	43498
to be employed according to that certificate or evidence of	43499
registration by any county board.	43500

(G) The director shall monitor county boards to ensure that	43501
their employees who must be certified or registered are	43502
appropriately certified or registered and performing those	43503
functions they are authorized to perform under their certificate	43504
or evidence of registration.	43505

(H) A county board superintendent or the superintendent's	43506
designee may certify to the director that county board employees	43507
who are required to meet continuing education or professional	43508
training requirements as a condition of renewal of certificates or	43509
evidence of registration have met the requirements. The	43510
superintendent or the superintendent's designee shall maintain in	43511
appropriate personnel files evidence acceptable to the director	43512
that the employees have met the requirements and permit	43513
representatives of the department access to the evidence on	43514
request.	43515

(I) All fees collected pursuant to this section shall be	43516
deposited in the state treasury to the credit of the employee	43517
certification and registration fund, which is hereby created.	43518
Money credited to the fund shall be used solely for the operation	43519
of the certification and registration program established under	43520
this section and for providing continuing training to county board	43521
employees.	43522

(J) Employees of entities that contract with county boards	43523
of mental retardation and developmental disabilities to operate	43524
programs and services for individuals with mental retardation and	43525
developmental disabilities are subject to the certification and	43526
registration requirements established under section 5123.082 of	43527
the Revised Code.	43528

Sec. 5126.31. (A) A county board of mental retardation and	43529
developmental disabilities shall review reports of abuse and	43530
neglect made under section 5123.61 of the Revised Code and reports	43531
referred to it under section 5101.611 of the Revised Code to	43532
determine whether the person who is the subject of the report is	43533
an adult with mental retardation or a developmental disability in	43534
need of services to deal with the abuse or neglect. The board	43535
shall give notice of each report to the registry office of the	43536
department of mental retardation and developmental disabilities	43537
established pursuant to section 5123.61 of the Revised Code on the	43538
first working day after receipt of the report. If the report	43539
alleges that there is a substantial risk to the adult of immediate	43540
physical harm or death, the board shall initiate review within	43541
twenty-four hours of its receipt of the report. If the board	43542
determines that the person is sixty years of age or older but does	43543
not have mental retardation or a developmental disability, it	43544
shall refer the case to the county department of job and family	43545
services. If the board determines that the person is an adult	43546
with mental retardation or a developmental disability, it shall	43547
continue its review of the case.	43548

(B) For each review over which the board retains	43549
responsibility under division (A) of this section, it shall do all	43550
of the following:	43551

(1) Give both written and oral notice of the purpose of the	43552
review to the adult and, if any, to the adult's legal counsel or	43553
caretaker, in simple and clear language;	43554

(2) Visit the adult, in the adult's residence if possible,	43555
and explain the notice given under division (B)(1) of this	43556
section;	43557

(3) Request from the registry office any prior reports	43558
concerning the adult or other principals in the case;	43559

(4) Consult, if feasible, with the person who made the	43560
report under section 5101.61 or 5123.61 of the Revised Code and	43561
with any agencies or persons who have information about the	43562
alleged abuse or neglect;	43563

(5) Cooperate fully with the law enforcement agency	43564
responsible for investigating the report and for filing any	43565
resulting criminal charges and, on request, turn over evidence to	43566
the agency;	43567

(6) Determine whether the adult needs services, and prepare	43568
a written report stating reasons for the determination. No adult	43569
shall be determined to be abused, neglected, or in need of	43570
services for the sole reason that, in lieu of medical treatment,	43571
the adult relies on or is being furnished spiritual treatment	43572
through prayer alone in accordance with the tenets and practices	43573
of a church or religious denomination of which the adult is a	43574
member or adherent.	43575

(C) The board shall arrange for the provision of services	43576
for the prevention, correction or discontinuance of abuse or	43577
neglect or of a condition resulting from abuse or neglect for any	43578
adult who has been determined to need the services and consents to	43579
receive them. These services may include, but are not limited to,	43580
~~case management~~ service and support administration, fiscal	43581
management, medical, mental health, home health care, homemaker,	43582
legal, and residential services and the provision of temporary	43583
accommodations and necessities such as food and clothing. The	43584
services do not include acting as a guardian, trustee, or	43585
protector as defined in section 5123.55 of the Revised Code. If	43586
the provision of residential services would require expenditures	43587
by the department of mental retardation and developmental	43588
disabilities, the board shall obtain the approval of the	43589
department prior to arranging the residential services.	43590

To arrange services, the board shall:

43591

(1) Develop an individualized service plan identifying the	43592
types of services required for the adult, the goals for the	43593
services, and the persons or agencies that will provide them;	43594

(2) In accordance with rules established by the director of	43595
mental retardation and developmental disabilities, obtain the	43596
consent of the adult or the adult's guardian to the provision of	43597
any of these services and obtain the signature of the adult or	43598
guardian on the individual service plan. An adult who has been	43599
found incompetent under Chapter 2111. of the Revised Code may	43600
consent to services. If the board is unable to obtain consent, it	43601
may seek, if the adult is incapacitated, a court order pursuant to	43602
section 5126.33 of the Revised Code authorizing the board to	43603
arrange these services.	43604

(D) The board shall ensure that the adult receives the	43605
services arranged by the board from the provider and shall have	43606
the services terminated if the adult withdraws consent.	43607

(E) On completion of a review, the board shall submit a	43608
written report to the registry office established under section	43609
5123.61 of the Revised Code. If the report includes a finding	43610
that a person with mental retardation or a developmental	43611
disability is a victim of action or inaction that may constitute a	43612
crime under federal law or the law of this state, the board shall	43613
submit the report to the law enforcement agency responsible for	43614
investigating the report. Reports prepared under this section are	43615
not public records as defined in section 149.43 of the Revised	43616
Code.	43617

(F) The board shall provide comprehensive formal training	43618
for employees and other persons authorized to implement the	43619
requirements of this section.	43620

Sec. 5126.311. (A) Notwithstanding the requirement of	43621
section 5126.31 of the Revised Code that a county board of mental	43622
retardation and developmental disabilities review reports of abuse	43623
and neglect, ~~if the department of mental retardation and~~	43624
~~developmental disabilities or a county board of mental retardation~~	43625
~~and developmental disabilities determines that it would be~~	43626
~~inappropriate for the county board to investigate a report of~~	43627
~~abuse or neglect made under section 5123.61 of the Revised Code,~~	43628
~~at the request of the department or county board,~~ one of the	43629
following government entities ~~may~~, at the request of the county	43630
board or the department of mental retardation and developmental	43631
disabilities, shall review the report instead of the county board	43632
if circumstances specified in rules adopted under division (B) of	43633
this section exist:	43634

~~(A)~~(1) Another county board of mental retardation and	43635
developmental disabilities;	43636

~~(B)~~(2) The department;

43637

~~(C)~~(3) A regional council of government established pursuant	43638
to Chapter 167. of the Revised Code;	43639

~~(D)~~(4) Any other government entity authorized to investigate	43640
reports of abuse and neglect.	43641

(B) The director of mental retardation and developmental	43642
disabilities shall adopt rules in accordance with Chapter 119. of	43643
the Revised Code specifying circumstances under which it is	43644
inappropriate for a county board to review reports of abuse and	43645
neglect.	43646

Sec. 5126.313. (A) If after reviewing a report under	43647
section 5126.31 of the Revised Code, a county board of mental	43648
retardation and developmental disabilities has reason to believe	43649
that the subject of the report may be the victim of abuse or	43650
neglect, the county board shall conduct an investigation if	43651
circumstances specified in rules adopted under division (B) of	43652
this section exist. If the circumstances specified in the rules	43653
exist, the county board shall conduct the investigation in the	43654
manner specified by the rules.	43655

(B) The director of mental retardation and developmental	43656
disabilities shall adopt rules in accordance with Chapter 119. of	43657
the Revised Code specifying circumstances under which a county	43658
board shall conduct investigations under division (A) of this	43659
section and the manner in which the county board shall conduct the	43660
investigation.	43661

Sec. 5126.32. If during the course of the review conducted	43662
under section 5126.31 of the Revised Code or the investigation	43663
conducted under section 5126.313 of the Revised Code, any person	43664
denies or obstructs the board's access to the residence of the	43665
adult who is the subject of ~~a report of abuse or neglect~~ the	43666
review or investigation, the board may file a petition with the	43667
probate court of the county in which the residence is located for	43668
a temporary restraining order, in accordance with Civil Rule 65,	43669
to prevent the denial or obstruction of access. If the court	43670
finds reasonable cause to believe that the adult is abused or	43671
neglected and that access to ~~his~~ the adult's residence has been	43672
denied or obstructed, the court shall issue a temporary order	43673
restraining the interference or obstruction. After the order has	43674
been obtained, at the request of the board, an officer of the law	43675
enforcement agency investigating the report shall accompany	43676
representatives of the board to the adult's residence.	43677

If a person refuses to allow or interferes with the provision	43678
of services described in division (C) of section 5126.31 of the	43679
Revised Code to an adult who has consented to them, the county	43680
board may file a petition with the probate court of the county in	43681
which the adult resides for appropriate injunctive relief in	43682
accordance with Civil Rule 65.	43683

Sec. 5126.357. (A) As used in this section:

43684

(1) "In-home care" means the supportive services provided	43685
within the home of an individual who receives funding for the	43686
services as a county board client, including any client who	43687
receives residential services funded through ~~the medical~~	43688
~~assistance program's~~ home ~~and~~ or community-based services ~~waivers~~	43689
~~administered by the department of mental retardation and~~	43690
~~developmental disabilities~~, family support services provided under	43691
section 5126.11 of the Revised Code, or supported living provided	43692
in accordance with sections 5126.41 to 5126.47 of the Revised	43693
Code. "In-home care" includes care that is provided outside a	43694
client's home in places incidental to the home, and while	43695
traveling to places incidental to the home, except that "in-home	43696
care" does not include care provided in the facilities of a county	43697
board of mental retardation and developmental disabilities or care	43698
provided in schools.	43699

(2) "Parent" means either parent of a child, including an	43700
adoptive parent but not a foster parent.	43701

(3) "Unlicensed in-home care worker" means an individual who	43702
provides in-home care but is not a health care professional. A	43703
county board worker may be an unlicensed in-home care worker.	43704

(4) "Family member" means a parent, sibling, spouse, son,	43705
daughter, grandparent, aunt, uncle, cousin, or guardian of the	43706
individual with mental retardation or a developmental disability	43707
if the individual with mental retardation or developmental	43708
disabilities lives with the person and is dependent on the person	43709
to the extent that, if the supports were withdrawn, another living	43710
arrangement would have to be found.	43711

(B) Except as provided in division (D) of this section, a	43712
family member of an individual with mental retardation or a	43713
developmental disability may authorize an unlicensed in-home care	43714
worker to give or apply prescribed medication or perform other	43715
health care tasks as part of the in-home care provided to the	43716
individual, if the family member is the primary supervisor of the	43717
care and the unlicensed in-home care worker has been selected by	43718
the family member and is under the direct supervision of the	43719
family member. Sections 4723.62 and 5126.351 to 5126.356 of the	43720
Revised Code do not apply to the in-home care authorized by a	43721
family member under this section. Instead, a family member shall	43722
obtain a prescription, if applicable, and written instructions	43723
from a health care professional for the care to be provided to the	43724
individual. The family member shall authorize the unlicensed	43725
in-home care worker to provide the care by preparing a written	43726
document granting the authority. The family member shall provide	43727
the unlicensed in-home care worker with appropriate training and	43728
written instructions in accordance with the instructions obtained	43729
from the health care professional.	43730

(C) A family member who authorizes an unlicensed in-home	43731
care worker to give or apply prescribed medication or perform	43732
other health care tasks retains full responsibility for the health	43733
and safety of the individual receiving the care and for ensuring	43734
that the worker provides the care appropriately and safely. No	43735
entity that funds or monitors the provision of in-home care may be	43736
held liable for the results of the care provided under this	43737
section by an unlicensed in-home care worker, including such	43738
entities as the county board of mental retardation and	43739
developmental disabilities, any other entity that employs an	43740
unlicensed in-home care worker, and the department of mental	43741
retardation and developmental disabilities.	43742

An unlicensed in-home care worker who is authorized under	43743
this section by a family member to provide care to an individual	43744
may not be held liable for any injury caused in providing the	43745
care, unless the worker provides the care in a manner that is not	43746
in accordance with the training and instructions received or the	43747
worker acts in a manner that constitutes wanton or reckless	43748
misconduct.	43749

(D) A county board of mental retardation and developmental	43750
disabilities may evaluate the authority granted by a family member	43751
under this section to an unlicensed in-home care worker at any	43752
time it considers necessary and shall evaluate the authority on	43753
receipt of a complaint. If the board determines that a family	43754
member has acted in a manner that is inappropriate for the health	43755
and safety of the individual receiving the services, the	43756
authorization granted by the family member to an unlicensed	43757
in-home care worker is void, and the family member may not	43758
authorize other unlicensed in-home care workers to provide the	43759
care. In making such a determination, the board shall use	43760
appropriately licensed health care professionals and shall provide	43761
the family member an opportunity to file a complaint under section	43762
5126.06 of the Revised Code.	43763

Sec. 5126.431. (A) Pursuant to Chapter 119. of the Revised	43764
Code, the department of mental retardation and developmental	43765
disabilities shall adopt rules establishing standards and	43766
procedures for certification of persons ~~and government entities~~	43767
that provide or propose to provide, under contract with ~~the~~	43768
~~department until July 1, 1995, or with~~ a county board of mental	43769
retardation and developmental disabilities, supported living for	43770
individuals with mental retardation or developmental disabilities.	43771
The rules shall allow a person to automatically satisfy a standard	43772
for certification under this section if the person holds a	43773
current, valid license under section 5123.19 of the Revised Code	43774
to operate a residential facility and had to satisfy the standard	43775
to obtain the residential facility license.	43776

(B) Pursuant to Chapter 119. of the Revised Code, the	43777
department shall adopt rules establishing quality assurance	43778
standards for supported living provided to individuals by	43779
providers certified under this section.	43780

(C) The rules adopted under this section shall include the	43781
following:	43782

(1) Procedures for ensuring that providers comply with	43783
section 5126.281 of the Revised Code;	43784

(2) Methods of evaluating the services provided and	43785
protecting the due process rights of any individual or entity	43786
affected by an evaluation or decision made pursuant to this	43787
section;	43788

(3) Procedures for revoking certification.

43789

(D)(1) Providers shall be evaluated to ensure that services	43790
are provided in a quality manner advantageous to the individual	43791
receiving the services. When evaluations are conducted, the	43792
following shall be considered:	43793

(a) The provider's experience and financial responsibility;

43794

(b) The ability to comply with program standards for	43795
supported living;	43796

43797

(d) ~~The ability to work cooperatively with the department,~~	43798
~~county boards, and other providers;~~	43799

~~(e)~~ Any other factor considered relevant.

43800

(2) The records of evaluations conducted under this section	43801
are public records for purposes of section 149.43 of the Revised	43802
Code and shall be made available on request of any person,	43803
including individuals being served, individuals seeking supported	43804
living, and county boards.	43805

(E) The department shall certify providers in accordance	43806
with the rules adopted under this section. The department may	43807
revoke a provider's certification in accordance with Chapter 119.	43808
of the Revised Code for good cause, including misfeasance,	43809
malfeasance, nonfeasance, confirmed abuse or neglect, financial	43810
irresponsibility, or other conduct the department determines is	43811
injurious to individuals being served.	43812

Sec. 5139.01. (A) As used in this chapter:

43813

(1) "Commitment" means the transfer of the physical custody	43814
of a child or youth from the court to the department of youth	43815
services.	43816

(2) "Permanent commitment" means a commitment that vests	43817
legal custody of a child in the department of youth services.	43818

(3) "Legal custody," insofar as it pertains to the status	43819
that is created when a child is permanently committed to the	43820
department of youth services, means a legal status in which the	43821
department has the following rights and responsibilities: the	43822
right to have physical possession of the child; the right and duty	43823
to train, protect, and control the child; the responsibility to	43824
provide the child with food, clothing, shelter, education, and	43825
medical care; and the right to determine where and with whom the	43826
child shall live, subject to the minimum periods of, or periods	43827
of, institutional care prescribed in section 2151.355 of the	43828
Revised Code; provided, that these rights and responsibilities are	43829
exercised subject to the powers, rights, duties, and	43830
responsibilities of the guardian of the person of the child, and	43831
subject to any residual parental rights and responsibilities.	43832

(4) Unless the context requires a different meaning,	43833
"institution" means a state facility that is created by the	43834
general assembly and that is under the management and control of	43835
the department of youth services or a private entity with which	43836
the department has contracted for the institutional care and	43837
custody of felony delinquents.	43838

(5) "Full-time care" means care for twenty-four hours a day	43839
for over a period of at least two consecutive weeks.	43840

(6) "Placement" means the conditional release of a child	43841
under the terms and conditions that are specified by the	43842
department of youth services. The department shall retain legal	43843
custody of a child released pursuant to division (C) of section	43844
2151.38 of the Revised Code or division (C) of section 5139.06 of	43845
the Revised Code until the time that it discharges the child or	43846
until the legal custody is terminated as otherwise provided by	43847
law.	43848

(7) "Home placement" means the placement of a child in the	43849
home of the child's parent or parents or in the home of the	43850
guardian of the child's person.	43851

(8) "Discharge" means that the department of youth services'	43852
legal custody of a child is terminated.	43853

(9) "Release" means the termination of a child's stay in an	43854
institution and the subsequent period during which the child	43855
returns to the community under the terms and conditions of	43856
supervised release.	43857

(10) "Delinquent child" has the same meaning as in section	43858
2151.02 of the Revised Code.	43859

(11) "Felony delinquent" means any child who is at least	43860
twelve years of age but less than eighteen years of age and who is	43861
adjudicated a delinquent child for having committed an act that if	43862
committed by an adult would be a felony. "Felony delinquent"	43863
includes any adult who is between the ages of eighteen and	43864
twenty-one and who is in the legal custody of the department of	43865
youth services for having committed an act that if committed by an	43866
adult would be a felony.	43867

(12) "Juvenile traffic offender" has the same meaning as in	43868
section 2151.021 of the Revised Code.	43869

(13) "Public safety beds" means all of the following:

43870

(a) Felony delinquents who have been committed to the	43871
department of youth services for the commission of an act, other	43872
than a violation of section 2911.01 or 2911.11 of the Revised	43873
Code, that is a category one offense or a category two offense and	43874
who are in the care and custody of an institution or have been	43875
diverted from care and custody in an institution and placed in a	43876
community corrections facility;	43877

(b) Felony delinquents who, while committed to the	43878
department of youth services and in the care and custody of an	43879
institution or a community corrections facility, are adjudicated	43880
delinquent children for having committed in that institution or	43881
community corrections facility an act that if committed by an	43882
adult would be a felony;	43883

43884

(i) They are at least twelve years of age but less than	43885
eighteen years of age.	43886

(ii) They are adjudicated delinquent children for having	43887
committed acts that if committed by an adult would be a felony.	43888

(iii) They are committed to the department of youth services	43889
by the juvenile court of a county that has had one-tenth of one	43890
per cent or less of the statewide adjudications for felony	43891
delinquents as averaged for the past four fiscal years.	43892

(iv) They are in the care and custody of an institution or a	43893
community corrections facility.	43894

(d) Felony delinquents who, while committed to the	43895
department of youth services and in the care and custody of an	43896
institution, commit in that institution an act that if committed	43897
by an adult would be a felony, who are serving disciplinary time	43898
for having committed that act, and who have been institutionalized	43899
or institutionalized in a secure facility for the minimum period	43900
of time specified in division (A)(4) or (5) of section 2151.355 of	43901
the Revised Code.	43902

(e) Felony delinquents who are subject to and serving a	43903
three-year period of commitment order imposed by a juvenile court	43904
pursuant to division (A)(7) of section 2151.355 of the Revised	43905
Code for an act, other than a violation of section 2911.11 of the	43906
Revised Code, that would be a category one offense or category two	43907
offense if committed by an adult.	43908

(f) Felony delinquents who are described in divisions	43909
(A)(13)(a) to (e) of this section, who have been granted a	43910
judicial release under division (B) of section 2151.38 of the	43911
Revised Code or an early release under division (C) of that	43912
section from the commitment to the department of youth services	43913
for the act described in divisions (A)(13)(a) to (e) of this	43914
section, who have violated the terms and conditions of that	43915
judicial release or early release, and who, pursuant to an order	43916
of the court of the county in which the particular felony	43917
delinquent was placed on release that is issued pursuant to	43918
division (D) of section 2151.38 of the Revised Code, have been	43919
returned to the department for institutionalization or	43920
institutionalization in a secure facility.	43921

(g) Felony delinquents who have been committed to the	43922
custody of the department of youth services, who have been granted	43923
supervised release from the commitment pursuant to section 5139.51	43924
of the Revised Code, who have violated the terms and conditions of	43925
that supervised release, and who, pursuant to an order of the	43926
court of the county in which the particular child was placed on	43927
supervised release issued pursuant to division (F) of section	43928
5139.52 of the Revised Code, have had the supervised release	43929
revoked and have been returned to the department for	43930
institutionalization. A felony delinquent described in this	43931
division shall be a public safety bed only for the time during	43932
which the felony delinquent is institutionalized as a result of	43933
the revocation subsequent to the initial thirty-day period of	43934
institutionalization required by division (F) of section 5139.52	43935
of the Revised Code.	43936

(14) "State target youth" means twenty-five per cent of the	43937
projected total number of felony delinquents for each year of a	43938
biennium, factoring in revocations and recommitments.	43939

(15) Unless the context requires a different meaning,	43940
"community corrections facility" means a county or multicounty	43941
rehabilitation center for felony delinquents who have been	43942
committed to the department of youth services and diverted from	43943
care and custody in an institution and placed in the	43944
rehabilitation center pursuant to division (E) of section 5139.36	43945
of the Revised Code.	43946

(16) "Secure facility" means any facility that is designed	43947
and operated to ensure that all of its entrances and exits are	43948
under the exclusive control of its staff and to ensure that,	43949
because of that exclusive control, no child who has been	43950
institutionalized in the facility may leave the facility without	43951
permission or supervision.	43952

(17) "Community residential program" means a program that	43953
satisfies both of the following:	43954

(a) It is housed in a building or other structure that has	43955
no associated major restraining construction, including, but not	43956
limited to, a security fence.	43957

(b) It provides twenty-four-hour care, supervision, and	43958
programs for felony delinquents who are in residence.	43959

(18) "Category one offense" and "category two offense" have	43960
the same meanings as in section 2151.26 of the Revised Code.	43961

(19) "Disciplinary time" means additional time that the	43962
department of youth services requires a felony delinquent to serve	43963
in an institution, that delays the felony delinquent's planned	43964
release, and that the department imposes upon the felony	43965
delinquent following the conduct of an internal due process	43966
hearing for having committed any of the following acts while	43967
committed to the department and in the care and custody of an	43968
institution:	43969

(a) An act that if committed by an adult would be a felony;

43970

(b) An act that if committed by an adult would be a	43971
misdemeanor;	43972

(c) An act that is not described in division (A)(19)(a) or	43973
(b) of this section and that violates an institutional rule of	43974
conduct of the department.	43975

(20) "Unruly child" has the same meaning as in section	43976
2151.022 of the Revised Code.	43977

(21) "Revocation" means the act of revoking a child's	43978
supervised release for a violation of a term or condition of the	43979
child's supervised release in accordance with section 5139.52 of	43980
the Revised Code.	43981

(22) "Release authority" means the release authority of the	43982
department of youth services that is established by section	43983
5139.50 of the Revised Code.	43984

(23) "Supervised release" means the event of the release of a	43985
child under this chapter from an institution and the period after	43986
that release during which the child is supervised and assisted by	43987
an employee of the department of youth services under specific	43988
terms and conditions for reintegration of the child into the	43989
community.	43990

(24) "Victim" means the person identified in a police report,	43991
complaint, or information as the victim of an act that would have	43992
been a criminal offense if committed by an adult and that provided	43993
the basis for adjudication proceedings resulting in a child's	43994
commitment to the legal custody of the department of youth	43995
services.	43996

(25) "Victim's representative" means a member of the victim's	43997
family or another person whom the victim or another authorized	43998
person designates in writing, pursuant to section 5139.56 of the	43999
Revised Code, to represent the victim with respect to proceedings	44000
of the release authority of the department of youth services and	44001
with respect to other matters specified in that section.	44002

(26) "Member of the victim's family" means a spouse, child,	44003
stepchild, sibling, parent, stepparent, grandparent, other	44004
relative, or legal guardian of a child but does not include a	44005
person charged with, convicted of, or adjudicated a delinquent	44006
child for committing a criminal or delinquent act against the	44007
victim or another criminal or delinquent act arising out of the	44008
same conduct, criminal or delinquent episode, or plan as the	44009
criminal or delinquent act committed against the victim.	44010

(27) "Judicial release" means a release of a child from	44011
institutional care or institutional care in a secure facility that	44012
is granted by a court pursuant to division (B) of section 2151.38	44013
of the Revised Code during the period specified in that division.	44014

(28) "Early release" means a release of a child from	44015
institutional care or institutional care in a secure facility that	44016
is granted by a court pursuant to division (C) of section 2151.38	44017
of the Revised Code during the period specified in that division.	44018

(29) "Juvenile justice system" includes all of the functions	44019
of the juvenile courts, the department of youth services, any	44020
public or private agency whose purposes include the prevention of	44021
delinquency or the diversion, adjudication, detention, or	44022
rehabilitation of delinquent children, and any of the functions of	44023
the criminal justice system that are applicable to children.	44024

(30) "Metropolitan county criminal justice services agency"	44025
means an agency that is established pursuant to division (A) of	44026
section 181.54 of the Revised Code.	44027

(31) "Administrative planning district" means a district that	44028
is established pursuant to division (A) or (B) of section 181.56	44029
of the Revised Code.	44030

(32) "Criminal justice coordinating council" means a criminal	44031
justice services agency that is established pursuant to division	44032
(D) of section 181.56 of the Revised Code.	44033

(33) "Comprehensive plan" means a document that coordinates,	44034
evaluates, and otherwise assists, on an annual or multi-year	44035
basis, all of the functions of the juvenile justice systems of	44036
the state or a specified area of the state, that conforms to the	44037
priorities of the state with respect to juvenile justice systems,	44038
and that conforms with the requirements of all federal criminal	44039
justice acts. These functions include, but are not limited to,	44040
all of the following:	44041

(a) Delinquency prevention;

44042

(b) Identification, detection, apprehension, and detention	44043
of persons charged with delinquent acts;	44044

(c) Assistance to crime victims or witnesses, except that	44045
the comprehensive plan does not include the functions of the	44046
attorney general pursuant to sections 109.91 and 109.92 of the	44047
Revised Code;	44048

(d) Adjudication or diversion of persons charged with	44049
delinquent acts;	44050

(e) Custodial treatment of delinquent children;

44051

(f) Institutional and noninstitutional rehabilitation of	44052
delinquent children.	44053

(B) There is hereby created the department of youth	44054
services. The governor shall appoint the director of the	44055
department with the advice and consent of the senate. The	44056
director shall hold office during the term of the appointing	44057
governor but subject to removal at the pleasure of the governor.	44058
Except as otherwise authorized in section 108.05 of the Revised	44059
Code, the director shall devote the director's entire time to the	44060
duties of the director's office and shall hold no other office or	44061
position of trust or profit during the director's term of office.	44062

The director is the chief executive and administrative	44063
officer of the department and has all the powers of a department	44064
head set forth in Chapter 121. of the Revised Code. The director	44065
may adopt rules for the government of the department, the conduct	44066
of its officers and employees, the performance of its business,	44067
and the custody, use, and preservation of the department's	44068
records, papers, books, documents, and property. The director	44069
shall be an appointing authority within the meaning of Chapter	44070
124. of the Revised Code. Whenever this or any other chapter or	44071
section of the Revised Code imposes a duty on or requires an	44072
action of the department, the duty or action shall be performed by	44073
the director or, upon the director's order, in the name of the	44074
department.	44075

Sec. 5139.11. The department of youth services shall do all	44076
of the following:	44077

(A) Through a program of education, promotion, and	44078
organization, form groups of local citizens and assist these	44079
groups in conducting activities aimed at the prevention and	44080
control of juvenile delinquency, making use of local people and	44081
resources for the following purposes:	44082

(1) Combatting local conditions known to contribute to	44083
juvenile delinquency;	44084

(2) Developing recreational and other programs for youth	44085
work;	44086

(3) Providing adult sponsors for delinquent children cases;

44087

(4) Dealing with other related problems of the locality;

44088

(B) Advise local, state, and federal officials, public and	44089
private agencies, and lay groups on the needs for and possible	44090
methods of the reduction and prevention of juvenile delinquency	44091
and the treatment of delinquent children;	44092

(C) Consult with the schools and courts of this state on the	44093
development of programs for the reduction and prevention of	44094
delinquency and the treatment of delinquents;	44095

(D) Cooperate with other agencies whose services deal with	44096
the care and treatment of delinquent children to the end that	44097
delinquent children who are state wards may be assisted whenever	44098
possible to a successful adjustment outside of institutional care;	44099

(E) Cooperate with other agencies in surveying, developing,	44100
and utilizing the recreational resources of a community as a means	44101
of combatting the problem of juvenile delinquency and effectuating	44102
rehabilitation;	44103

(F) Hold district and state conferences from time to time in	44104
order to acquaint the public with current problems of juvenile	44105
delinquency and develop a sense of civic responsibility toward the	44106
prevention of juvenile delinquency;	44107

(G) Assemble and distribute information relating to juvenile	44108
delinquency and report on studies relating to community conditions	44109
that affect the problem of juvenile delinquency;	44110

(H) Assist any community within the state by conducting a	44111
comprehensive survey of the community's available public and	44112
private resources, and recommend methods of establishing a	44113
community program for combatting juvenile delinquency and crime,	44114
but no survey of that type shall be conducted unless local	44115
individuals and groups request it through their local authorities,	44116
and no request of that type shall be interpreted as binding the	44117
community to following the recommendations made as a result of the	44118
request;	44119

(I) Evaluate the rehabilitation of children committed to the	44120
department and prepare and submit periodic reports to the	44121
committing court for the following purposes:	44122

(1) Evaluating the effectiveness of institutional treatment;

44123

(2) Making recommendations for early release where	44124
appropriate and recommending terms and conditions for release;	44125

(3) Reviewing the placement of children and recommending	44126
alternative placements where appropriate.	44127

(J) Coordinate dates for hearings to be conducted under	44128
section 2151.38 of the Revised Code and assist in the transfer and	44129
release of children from institutionalization to the custody of	44130
the committing court;	44131

(K)(1) Coordinate and assist juvenile justice systems by	44132
doing the following:	44133

(a) Performing juvenile justice system planning in the state,	44134
including any planning that is required by any federal law;	44135

(b) Collecting, analyzing, and correlating information and	44136
data concerning the juvenile justice system in the state;	44137

(c) Cooperating with and providing technical assistance to	44138
state departments, administrative planning districts, metropolitan	44139
county criminal justice services agencies, criminal justice	44140
coordinating councils, and agencies, offices, and departments of	44141
the juvenile justice system in the state, and other appropriate	44142
organizations and persons;	44143

(d) Encouraging and assisting agencies, offices, and	44144
departments of the juvenile justice system in the state and other	44145
appropriate organizations and persons to solve problems that	44146
relate to the duties of the department;	44147

(e) Administering within the state any juvenile justice acts	44148
and programs that the governor requires the department to	44149
administer;	44150

(f) Implementing the state comprehensive plans;

44151

(g) Auditing grant activities of agencies, offices,	44152
organizations, and persons that are financed in whole or in part	44153
by funds granted through the department;	44154

(h) Monitoring or evaluating the performance of juvenile	44155
justice system projects and programs in the state that are	44156
financed in whole or in part by funds granted through the	44157
department;	44158

(i) Applying for, allocating, disbursing, and accounting for	44159
grants that are made available pursuant to federal juvenile	44160
justice acts, or made available from other federal, state, or	44161
private sources, to improve the criminal and juvenile justice	44162
systems in the state. All money from federal juvenile justice act	44163
grants shall, if the terms under which the money is received	44164
require that the money be deposited into an interest bearing fund	44165
or account, be deposited in the state treasury to the credit of	44166
the federal juvenile justice program purposes fund, which is	44167
hereby created. All investment earnings shall be credited to the	44168
fund.	44169

(j) Contracting with federal, state, and local agencies,	44170
foundations, corporations, businesses, and persons when necessary	44171
to carry out the duties of the department;	44172

(k) Overseeing the activities of metropolitan county	44173
criminal justice services agencies, administrative planning	44174
districts, and juvenile justice coordinating councils in the	44175
state;	44176

(l) Advising the general assembly and governor on	44177
legislation and other significant matters that pertain to the	44178
improvement and reform of the juvenile justice system in the	44179
state;	44180

(m) Preparing and recommending legislation to the general	44181
assembly and governor for the improvement of the juvenile justice	44182
system in the state;	44183

(n) Assisting, advising, and making any reports that are	44184
required by the governor, attorney general, or general assembly;	44185

(o) Adopting rules pursuant to Chapter 119. of the Revised	44186
Code.	44187

(2) Division (K)(1) of this section does not limit the	44188
discretion or authority of the attorney general with respect to	44189
crime victim assistance and criminal and juvenile justice	44190
programs.	44191

(3) Nothing in division (K)(1) of this section is intended	44192
to diminish or alter the status of the office of the attorney	44193
general as a criminal justice services agency;	44194

(4) The governor may appoint any advisory committees to	44195
assist the department that the governor considers appropriate or	44196
that are required under any state or federal law.	44197

Sec. 5139.29. The department of youth services shall adopt	44198
and promulgate regulations prescribing the method of calculating	44199
the amount of and the time and manner for the payment of financial	44200
assistance granted under sections 5139.27, and 5139.271~~, and~~	44201
~~5139.28~~ of the Revised Code, for the construction or acquisition	44202
of a district detention home established under section 2151.34 of	44203
the Revised Code, or for the construction and maintenance of a	44204
school, forestry camp, or other facility established under section	44205
2151.65 of the Revised Code.	44206

Sec. 5139.31. The department of youth services may inspect	44207
any school, forestry camp, district detention home, or other	44208
facility for which an application for financial assistance has	44209
been made to the department under section 2151.341, 2151.3416, or	44210
2151.651~~, or 2151.652~~ of the Revised Code or for which financial	44211
assistance has been granted by the department under section	44212
5139.27, 5139.271, ~~5139.28,~~ or 5139.281 of the Revised Code. The	44213
inspection may include, but need not be limited to, examination	44214
and evaluation of the physical condition of the school, forestry	44215
camp, district detention home, or other facility, including any	44216
equipment used in connection with it; observation and evaluation	44217
of the training and treatment of children admitted to it;	44218
examination and analysis and copying of any papers, records, or	44219
other documents relating to the qualifications of personnel, the	44220
commitment of children to it, and its administration.	44221

Sec. 5139.87. There are hereby created in the state	44222
treasury the federal juvenile justice programs funds. A separate	44223
fund shall be established each federal fiscal year. All federal	44224
grants and other moneys received for federal juvenile programs	44225
shall be deposited into the funds. All receipts deposited into	44226
the funds shall be used for federal juvenile programs. All	44227
investment earnings on the cash balance in a federal juvenile	44228
program fund shall be credited to that fund for the appropriate	44229
federal fiscal year.	44230

Sec. 5153.06. The county children services board may enter	44231
into a written contract with the board's executive director	44232
specifying terms and conditions of the executive director's	44233
employment. The executive director shall not be in the classified	44234
civil service. The period of the contract shall not exceed three	44235
years. Such a contract shall in no way abridge the right of the	44236
county children services board to terminate the employment of the	44237
executive director as an unclassified employee at will, but may	44238
specify terms and conditions for any such termination.	44239

Sec. 5153.165. If a family is encountering an emergency	44240
that could lead, or has led, to removal of a child from the	44241
family's home pursuant to Chapter 2151. of the Revised Code, the	44242
public children services agency shall determine whether the child	44243
could remain safely with, or be safely returned to, the family if	44244
the emergency were alleviated by providing ~~assistance~~ benefits and	44245
services under the prevention, retention, and contingency program	44246
established under Chapter 5108. of the Revised Code. If it is	44247
determined that the child could remain safely with, or be safely	44248
returned to, the family, the agency, with the cooperation of the	44249
child's family, shall determine the amount of ~~assistance~~ benefits	44250
and services necessary to prevent the removal of the child from	44251
the home or to permit the child's return to the home and may	44252
provide the ~~assistance~~ benefits and services pursuant to a plan of	44253
cooperation entered into under section 307.983 of the Revised	44254
Code.	44255

Sec. 5153.60. The department of job and family services	44256
shall establish a statewide program that provides the training	44257
section 5153.122 of the Revised Code requires public children	44258
services agency caseworkers and supervisors to complete. The	44259
program may also provide the preplacement and continuing training	44260
described in sections 5103.039, 5103.0310, and 5103.0311 of the	44261
Revised Code that foster caregivers are required by sections	44262
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	44263
The program shall be called the "Ohio child welfare training	44264
program."	44265

Sec. 5153.69. The training program steering committee shall	44266
monitor and evaluate the Ohio child welfare training program to	44267
ensure ~~that~~ the following:	44268

(A) That the Ohio child welfare training program is a	44269
competency-based training system that satisfies the training	44270
requirements for public children services agency caseworkers and	44271
supervisors under section 5153.122 of the Revised Code;	44272

(B) That, if the Ohio child welfare training program	44273
provides preplacement or continuing training for foster	44274
caregivers, it meets the same requirements that preplacement	44275
training programs and continuing training programs must meet	44276
pursuant to section 5103.038 of the Revised Code to obtain	44277
approval by the department of job and family services, except that	44278
the Ohio child welfare training program is not required to obtain	44279
department approval.	44280

Sec. 5153.78. (A) As used in this section:

44281

(1) "Title IV-B" means Title IV-B of the "Social Security Act	44282
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	44283

(2) "Title IV-E" means Title IV-E of the "Social Security	44284
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	44285

(3) "Title XX" has the same meaning as in section 5101.46 of	44286
the Revised Code.	44287

(B) For purposes of adequately funding the Ohio child	44288
welfare training program, the department of job and family	44289
services ~~shall~~ may use any of the following ~~to adequately fund the~~	44290
~~Ohio child welfare training program~~:	44291

(1) The federal financial participation funds withheld	44292
pursuant to division (D) of section 5101.141 of the Revised Code	44293
in an amount determined by the department;	44294

(2) Funds available under Title XX, Title IV-B, and Title	44295
IV-E to pay for training costs;	44296

(3) ~~Any other~~ Other available state or federal funds.

44297

Sec. 5703.17. (A) In making an investigation as to any	44298
company, firm, corporation, person, association, partnership, or	44299
public utility subject to the laws which the tax commissioner is	44300
required to administer, the commissioner may appoint by an order	44301
in writing an agent, a tax auditor agent, or a tax auditor agent	44302
manager, whose duties shall be prescribed in such order.	44303

In the discharge of ~~his~~ such agent's duties ~~such~~, the agent	44304
shall have every power of an inquisitorial nature granted by law	44305
to the commissioner, and the same powers as a notary public as to	44306
the taking of depositions, and all powers given by law to a notary	44307
public relative to depositions are hereby given to such agent.	44308

(B) No person shall be appointed as a tax auditor agent or a	44309
tax auditor agent manager, unless that person meets one of the	44310
following requirements:	44311

(1) The person holds from an accredited college or	44312
university a baccalaureate or higher degree in accounting,	44313
business, business administration, public administration, or	44314
management, a doctoral degree in law, a bachelor of laws degree,	44315
or a master of laws degree in taxation.	44316

(2) The person possesses a current certified public	44317
accountant, certified managerial accountant, or certified internal	44318
auditor certificate; a professional tax designation issued by the	44319
institute for professionals in taxation or the international	44320
association of assessing officers; or a designation as an enrolled	44321
agent of the Internal Revenue Service.	44322

(3) The person has accounting, auditing, or taxation	44323
experience that is acceptable to the department of taxation.	44324

(4) The person has experience as a tax commissioner agent,	44325
tax auditor agent, or supervisor of tax agents that is acceptable	44326
to the department of taxation.	44327

Sec. 5703.49. (A) As used in this section, "internet" means	44328
the international computer network of both federal and nonfederal	44329
interoperable packet switched data networks, including the	44330
graphical subnetwork known as the world wide web.	44331

(B) On or before December 31, 2001, the tax commissioner	44332
shall establish an electronic site accessible through the	44333
internet. The tax commissioner shall provide access on the site	44334
for each municipal corporation that has not established its own	44335
electronic site to post documents or information required under	44336
section 718.07 of the Revised Code. The tax commissioner shall	44337
provide electronic links for each municipal corporation that	44338
establishes a site under that section and for which a uniform	44339
resource locator has been provided to the tax commissioner. The	44340
tax commissioner is not responsible for the accuracy of the posted	44341
information, and is not liable for any inaccurate or outdated	44342
information provided by a municipal corporation. The tax	44343
commissioner may adopt rules governing the format and means of	44344
submitting such documents or information and other matters	44345
necessary to implement this section. The tax commissioner may	44346
charge municipal corporations a fee to defray the cost of	44347
establishing and maintaining the electronic site established under	44348
this section.	44349

(C) The tax commissioner shall deposit any fees received	44350
under this section to the credit of the municipal internet site	44351
fund, which is hereby created in the state treasury. The	44352
commissioner shall use the fund for costs of establishing and	44353
maintaining the electronic site established under this section.	44354

Sec. 5705.091. The board of county commissioners of each	44355
county shall establish a county mental retardation and	44356
developmental disabilities general fund. Notwithstanding sections	44357
5705.09 and 5705.10 of the Revised Code, proceeds from levies	44358
under section 5705.222 and division (L) of section 5705.19 of the	44359
Revised Code shall be deposited to the credit of the county mental	44360
retardation and developmental disabilities general fund. Accounts	44361
shall be established within the county mental retardation and	44362
developmental disabilities general fund for each of the several	44363
particular purposes of the levies as specified in the resolutions	44364
under which the levies were approved, and proceeds from different	44365
levies that were approved for the same particular purpose shall be	44366
credited to accounts for that purpose. Other money received by	44367
the county for the purposes of Chapters 3323. and 5126. of the	44368
Revised Code and not required by state or federal law to be	44369
deposited to the credit of a different fund shall also be	44370
deposited to the credit of the county mental retardation and	44371
developmental disabilities general fund, in an account appropriate	44372
to the particular purpose for which the money was received. Unless	44373
otherwise provided by law, an unexpended balance at the end of a	44374
fiscal year in any account in the county mental retardation and	44375
developmental disabilities general fund shall be appropriated the	44376
next fiscal year to the same fund.	44377

A county board of mental retardation and developmental	44378
disabilities may request, by resolution, that the board of county	44379
commissioners establish a county mental retardation and	44380
developmental disabilities capital fund for money to be used for	44381
acquisition, construction, or improvement of capital facilities or	44382
acquisition of capital equipment used in providing services to	44383
mentally retarded and developmentally disabled persons. The	44384
county board of mental retardation and developmental disabilities	44385
shall transmit a certified copy of the resolution to the board of	44386
county commissioners. Upon receiving the resolution, the board of	44387
county commissioners shall establish a county mental retardation	44388
and developmental disabilities capital fund.	44389

A county board shall request, by resolution, that the board	44390
of county commissioners establish a county MR/DD medicaid reserve	44391
fund. On receipt of the resolution, the board of county	44392
commissioners shall establish a county MR/DD medicaid reserve	44393
fund. The portion of federal revenue funds that the county board	44394
earns for providing habilitation center services, medicaid case	44395
management services, and home and community-based services that is	44396
needed for the county board to pay for extraordinary costs,	44397
including extraordinary costs for services to individuals with	44398
mental retardation or other developmental disability, and ensure	44399
the availability of adequate funds in the event a county property	44400
tax levy for services for individuals with mental retardation or	44401
other developmental disability fails shall be deposited into the	44402
fund. The county board shall use money in the fund for those	44403
purposes in accordance with rules adopted under section 5123.0413	44404
of the Revised Code.	44405

Sec. 5705.19. This section does not apply to school	44406
districts or county school financing districts.	44407

The taxing authority of any subdivision at any time and in	44408
any year, by vote of two-thirds of all the members of the taxing	44409
authority, may declare by resolution and certify the resolution to	44410
the board of elections not less than seventy-five days before the	44411
election upon which it will be voted that the amount of taxes that	44412
may be raised within the ten-mill limitation will be insufficient	44413
to provide for the necessary requirements of the subdivision and	44414
that it is necessary to levy a tax in excess of that limitation	44415
for any of the following purposes:	44416

(A) For current expenses of the subdivision, except that the	44417
total levy for current expenses of a detention home district or	44418
district organized under section 2151.65 of the Revised Code shall	44419
not exceed two mills and that the total levy for current expenses	44420
of a combined district organized under sections 2151.34 and	44421
2151.65 of the Revised Code shall not exceed four mills;	44422

(B) For the payment of debt charges on certain described	44423
bonds, notes, or certificates of indebtedness of the subdivision	44424
issued subsequent to January 1, 1925;	44425

(C) For the debt charges on all bonds, notes, and	44426
certificates of indebtedness issued and authorized to be issued	44427
prior to January 1, 1925;	44428

(D) For a public library of, or supported by, the	44429
subdivision under whatever law organized or authorized to be	44430
supported;	44431

(E) For a municipal university, not to exceed two mills over	44432
the limitation of one mill prescribed in section 3349.13 of the	44433
Revised Code;	44434

(F) For the construction or acquisition of any specific	44435
permanent improvement or class of improvements that the taxing	44436
authority of the subdivision may include in a single bond issue;	44437

(G) For the general construction, reconstruction,	44438
resurfacing, and repair of streets, roads, and bridges in	44439
municipal corporations, counties, or townships;	44440

(H) For recreational purposes;

44441

(I) For the purpose of providing and maintaining fire	44442
apparatus, appliances, buildings, or sites therefor, or sources of	44443
water supply and materials therefor, or the establishment and	44444
maintenance of lines of fire alarm telegraph, or the payment of	44445
permanent, part-time, or volunteer firefighters or firefighting	44446
companies to operate the same, including the payment of the	44447
firefighter employers' contribution required under section 742.34	44448
of the Revised Code, or the purchase of ambulance equipment, or	44449
the provision of ambulance, paramedic, or other emergency medical	44450
services operated by a fire department or firefighting company;	44451

(J) For the purpose of providing and maintaining motor	44452
vehicles, communications, and other equipment used directly in the	44453
operation of a police department, or the payment of salaries of	44454
permanent police personnel, including the payment of the police	44455
officer employers' contribution required under section 742.33 of	44456
the Revised Code, or the payment of the costs incurred by	44457
townships as a result of contracts made with other political	44458
subdivisions in order to obtain police protection, or the	44459
provision of ambulance or emergency medical services operated by a	44460
police department;	44461

(K) For the maintenance and operation of a county home;

44462

(L) For community mental retardation and developmental	44463
disabilities programs and services pursuant to Chapter 5126. of	44464
the Revised Code, except that the procedure for such levies shall	44465
be as provided in section 5705.222 of the Revised Code;	44466

(M) For regional planning;

44467

(N) For a county's share of the cost of maintaining and	44468
operating schools, district detention homes, forestry camps, or	44469
other facilities, or any combination thereof, established under	44470
section 2151.34 or 2151.65 of the Revised Code or both of those	44471
sections;	44472

(O) For providing for flood defense, providing and	44473
maintaining a flood wall or pumps, and other purposes to prevent	44474
floods;	44475

(P) For maintaining and operating sewage disposal plants and	44476
facilities;	44477

(Q) For the purpose of purchasing, acquiring, constructing,	44478
enlarging, improving, equipping, repairing, maintaining, or	44479
operating, or any combination of the foregoing, a county transit	44480
system pursuant to sections 306.01 to 306.13 of the Revised Code,	44481
or of making any payment to a board of county commissioners	44482
operating a transit system or a county transit board pursuant to	44483
section 306.06 of the Revised Code;	44484

(R) For the subdivision's share of the cost of acquiring or	44485
constructing any schools, forestry camps, detention homes, or	44486
other facilities, or any combination thereof, under section	44487
2151.34 or 2151.65 of the Revised Code or both of those sections;	44488

(S) For the prevention, control, and abatement of air	44489
pollution;	44490

(T) For maintaining and operating cemeteries;

44491

(U) For providing ambulance service, emergency medical	44492
service, or both;	44493

(V) For providing for the collection and disposal of garbage	44494
or refuse, including yard waste;	44495

(W) For the payment of the police officer employers'	44496
contribution or the firefighter employers' contribution required	44497
under sections 742.33 and 742.34 of the Revised Code;	44498

(X) For the construction and maintenance of a drainage	44499
improvement pursuant to section 6131.52 of the Revised Code;	44500

(Y) For providing or maintaining senior citizens services or	44501
facilities as authorized by section 307.694, 307.85, 505.70, or	44502
505.706 or division (EE) of section 717.01 of the Revised Code;	44503

(Z) For the provision and maintenance of zoological park	44504
services and facilities as authorized under section 307.76 of the	44505
Revised Code;	44506

(AA) For the maintenance and operation of a free public	44507
museum of art, science, or history;	44508

(BB) For the establishment and operation of a 9-1-1 system,	44509
as defined in section 4931.40 of the Revised Code;	44510

(CC) For the purpose of acquiring, rehabilitating, or	44511
developing rail property or rail service. As used in this	44512
division, "rail property" and "rail service" have the same	44513
meanings as in section 4981.01 of the Revised Code. This division	44514
applies only to a county, township, or municipal corporation.	44515

(DD) For the purpose of acquiring property for,	44516
constructing, operating, and maintaining community centers as	44517
provided for in section 755.16 of the Revised Code;	44518

(EE) For the creation and operation of an office or joint	44519
office of economic development, for any economic development	44520
purpose of the office, and to otherwise provide for the	44521
establishment and operation of a program of economic development	44522
pursuant to sections 307.07 and 307.64 of the Revised Code;	44523

(FF) For the purpose of acquiring, establishing,	44524
constructing, improving, equipping, maintaining, or operating, or	44525
any combination of the foregoing, a township airport, landing	44526
field, or other air navigation facility pursuant to section 505.15	44527
of the Revised Code;	44528

(GG) For the payment of costs incurred by a township as a	44529
result of a contract made with a county pursuant to section	44530
505.263 of the Revised Code in order to pay all or any part of the	44531
cost of constructing, maintaining, repairing, or operating a water	44532
supply improvement;	44533

(HH) For a board of township trustees to acquire, other than	44534
by appropriation, an ownership interest in land, water, or	44535
wetlands, or to restore or maintain land, water, or wetlands in	44536
which the board has an ownership interest, not for purposes of	44537
recreation, but for the purposes of protecting and preserving the	44538
natural, scenic, open, or wooded condition of the land, water, or	44539
wetlands against modification or encroachment resulting from	44540
occupation, development, or other use, which may be styled as	44541
protecting or preserving "greenspace" in the resolution, notice of	44542
election, or ballot form;	44543

(II) For the support by a county of a crime victim	44544
assistance program that is provided and maintained by a county	44545
agency or a private, nonprofit corporation or association under	44546
section 307.62 of the Revised Code;	44547

(JJ) For any or all of the purposes set forth in divisions	44548
(I) and (J) of this section. This division applies only to a	44549
township.	44550

(KK) For a countywide public safety communications system	44551
under section 307.63 of the Revised Code. This division applies	44552
only to counties.	44553

(LL) For the support by a county of criminal justice	44554
services under section 307.45 of the Revised Code;	44555

(MM) For the purpose of maintaining and operating a jail or	44556
other detention facility as defined in section 2921.01 of the	44557
Revised Code;	44558

(NN) For purchasing, maintaining, or improving, or any	44559
combination of the foregoing, real estate on which to hold	44560
agricultural fairs. This division applies only to a county.	44561

(OO) For constructing, rehabilitating, repairing, or	44562
maintaining sidewalks, walkways, trails, bicycle pathways, or	44563
similar improvements, or acquiring ownership interests in land	44564
necessary for the foregoing improvements, by a board of township	44565
trustees;	44566

(PP) For both of the purposes set forth in divisions (G) and	44567
(OO) of this section. This division applies only to a township.	44568

(QQ) For both of the purposes set forth in divisions (H) and	44569
(HH) of this section. This division applies only to a township.	44570

(RR) For the legislative authority of a municipal	44571
corporation, board of county commissioners of a county, or board	44572
of township trustees of a township to acquire agricultural	44573
easements, as defined in section 5301.67 of the Revised Code, and	44574
to supervise and enforce the easements.	44575

(SS) For both of the purposes set forth in divisions (BB)	44576
and (KK) of this section. This division applies only to a county.	44577

The resolution shall be confined to the purpose or purposes	44578
described in one division of this section, to which the revenue	44579
derived therefrom shall be applied. The existence in any other	44580
division of this section of authority to levy a tax for any part	44581
or all of the same purpose or purposes does not preclude the use	44582
of such revenues for any part of the purpose or purposes of the	44583
division under which the resolution is adopted.	44584

The resolution shall specify the amount of the increase in	44585
rate that it is necessary to levy, the purpose of that increase in	44586
rate, and the number of years during which the increase in rate	44587
shall be in effect, which may or may not include a levy upon the	44588
duplicate of the current year. The number of years may be any	44589
number not exceeding five, except as follows:	44590

(1) When the additional rate is for the payment of debt	44591
charges, the increased rate shall be for the life of the	44592
indebtedness.	44593

(2) When the additional rate is for any of the following,	44594
the increased rate shall be for a continuing period of time:	44595

(a) For the current expenses for a detention home district,	44596
a district organized under section 2151.65 of the Revised Code, or	44597
a combined district organized under sections 2151.34 and 2151.65	44598
of the Revised Code;	44599

(b) For providing a county's share of the cost of	44600
maintaining and operating schools, district detention homes,	44601
forestry camps, or other facilities, or any combination thereof,	44602
established under section 2151.34 or 2151.65 of the Revised Code	44603
or under both of those sections.	44604

(3) When the additional rate is for any of the following,	44605
the increased rate may be for a continuing period of time:	44606

(a) For the purposes set forth in division (I), (J), (U), or	44607
(KK) of this section;	44608

(b) For the maintenance and operation of a joint recreation	44609
district;	44610

(c) A levy imposed by a township for the purposes set forth	44611
in division (G) of this section.	44612

(4) When the increase is for the purpose set forth in	44613
division (D) or (CC) of this section or for both of the purposes	44614
set forth in divisions (G) and (OO) of this section, the tax levy	44615
may be for any specified number of years or for a continuing	44616
period of time, as set forth in the resolution.	44617

(5) When the additional rate is for the purpose described in	44618
division (Z) of this section, the increased rate shall be for any	44619
number of years not exceeding ten.	44620

A levy for the purposes set forth in division (I), (J), or	44621
(U) of this section, and a levy imposed by a township for the	44622
purposes set forth in division (G) of this section, may be reduced	44623
pursuant to section 5705.261 or 5705.31 of the Revised Code. A	44624
levy for the purposes set forth in division (I), (J), or (U) of	44625
this section, and a levy imposed by a township for the purposes	44626
set forth in division (G) of this section, may also be terminated	44627
or permanently reduced by the taxing authority if it adopts a	44628
resolution stating that the continuance of the levy is unnecessary	44629
and the levy shall be terminated or that the millage is excessive	44630
and the levy shall be decreased by a designated amount.	44631

A resolution of a detention home district, a district	44632
organized under section 2151.65 of the Revised Code, or a combined	44633
district organized under both sections 2151.34 and 2151.65 of the	44634
Revised Code may include both current expenses and other purposes,	44635
provided that the resolution shall apportion the annual rate of	44636
levy between the current expenses and the other purpose or	44637
purposes. The apportionment need not be the same for each year of	44638
the levy, but the respective portions of the rate actually levied	44639
each year for the current expenses and the other purpose or	44640
purposes shall be limited by the apportionment.	44641

Whenever a board of county commissioners, acting either as	44642
the taxing authority of its county or as the taxing authority of a	44643
sewer district or subdistrict created under Chapter 6117. of the	44644
Revised Code, by resolution declares it necessary to levy a tax in	44645
excess of the ten-mill limitation for the purpose of constructing,	44646
improving, or extending sewage disposal plants or sewage systems,	44647
the tax may be in effect for any number of years not exceeding	44648
twenty, and the proceeds of the tax, notwithstanding the general	44649
provisions of this section, may be used to pay debt charges on any	44650
obligations issued and outstanding on behalf of the subdivision	44651
for the purposes enumerated in this paragraph, provided that any	44652
such obligations have been specifically described in the	44653
resolution.	44654

The resolution shall go into immediate effect upon its	44655
passage, and no publication of the resolution is necessary other	44656
than that provided for in the notice of election.	44657

When the electors of a subdivision have approved a tax levy	44658
under this section, the taxing authority of the subdivision may	44659
anticipate a fraction of the proceeds of the levy and issue	44660
anticipation notes in accordance with section 5705.191 or 5705.193	44661
of the Revised Code.	44662

Sec. 5705.41. No subdivision or taxing unit shall:

44663

(A) Make any appropriation of money except as provided in	44664
Chapter 5705. of the Revised Code; provided, that the	44665
authorization of a bond issue shall be deemed to be an	44666
appropriation of the proceeds of the bond issue for the purpose	44667
for which such bonds were issued, but no expenditure shall be made	44668
from any bond fund until first authorized by the taxing authority;	44669

(B) Make any expenditure of money unless it has been	44670
appropriated as provided in such chapter;	44671

(C) Make any expenditure of money except by a proper warrant	44672
drawn against an appropriate fund;	44673

(D)(1) Except as otherwise provided in division (D)(2) of	44674
this section and section 5705.44 of the Revised Code, make any	44675
contract or give any order involving the expenditure of money	44676
unless there is attached thereto a certificate of the fiscal	44677
officer of the subdivision that the amount required to meet the	44678
obligation or, in the case of a continuing contract to be	44679
performed in whole or in part in an ensuing fiscal year, the	44680
amount required to meet the obligation in the fiscal year in which	44681
the contract is made, has been lawfully appropriated for such	44682
purpose and is in the treasury or in process of collection to the	44683
credit of an appropriate fund free from any previous encumbrances.	44684
This certificate need be signed only by the subdivision's fiscal	44685
officer. Every such contract made without such a certificate	44686
shall be void, and no warrant shall be issued in payment of any	44687
amount due thereon. If no certificate is furnished as required,	44688
upon receipt by the taxing authority of the subdivision or taxing	44689
unit of a certificate of the fiscal officer stating that there was	44690
at the time of the making of such contract or order and at the	44691
time of the execution of such certificate a sufficient sum	44692
appropriated for the purpose of such contract and in the treasury	44693
or in process of collection to the credit of an appropriate fund	44694
free from any previous encumbrances, such taxing authority may	44695
authorize the drawing of a warrant in payment of amounts due upon	44696
such contract, but such resolution or ordinance shall be passed	44697
within thirty days from the receipt of such certificate; provided	44698
that, if the amount involved is less than one hundred dollars in	44699
the case of counties or one thousand dollars in the case of all	44700
other subdivisions or taxing units, the fiscal officer may	44701
authorize it to be paid without such affirmation of the taxing	44702
authority of the subdivision or taxing unit, if such expenditure	44703
is otherwise valid.	44704

(2) Annually, the board of county commissioners may adopt a	44705
resolution exempting for the current fiscal year county purchases	44706
of seven hundred fifty dollars or less from the requirement of	44707
division (D)(1) of this section that a certificate be attached to	44708
any contract or order involving the expenditure of money. The	44709
resolution shall state the dollar amount that is exempted from the	44710
certificate requirement and whether the exemption applies to all	44711
purchases, to one or more specific classes of purchases, or to the	44712
purchase of one or more specific items. Prior to the adoption of	44713
the resolution, the board shall give written notice to the county	44714
auditor that it intends to adopt the resolution. The notice shall	44715
state the dollar amount that is proposed to be exempted and	44716
whether the exemption would apply to all purchases, to one or more	44717
specific classes of purchases, or to the purchase of one or more	44718
specific items. The county auditor may review and comment on the	44719
proposal, and shall send any comments to the board within fifteen	44720
days after receiving the notice. The board shall wait at least	44721
fifteen days after giving the notice to the auditor before	44722
adopting the resolution. A person authorized to make a county	44723
purchase in a county that has adopted such a resolution shall	44724
prepare and file with the county auditor, within three business	44725
days after incurring an obligation not requiring a certificate, a	44726
written document specifying the purpose and amount of the	44727
expenditure, the date of the purchase, the name of the vendor, and	44728
such additional information as the auditor of state may prescribe.	44729

(3) Upon certification by the auditor or other chief fiscal	44730
officer that a certain sum of money, not in excess of five	44731
thousand dollars, has been lawfully appropriated, authorized, or	44732
directed for a certain purpose and is in the treasury or in the	44733
process of collection to the credit of a specific line-item	44734
appropriation account in a certain fund free from previous and	44735
then outstanding obligations or certifications, then for such	44736
purpose and from such line-item appropriation account in such	44737
fund, over a period not exceeding three months and not extending	44738
beyond the end of the fiscal year, expenditures may be made,	44739
orders for payment issued, and contracts or obligations calling	44740
for or requiring the payment of money made and assumed; provided,	44741
that the aggregate sum of money included in and called for by such	44742
expenditures, orders, contracts, and obligations shall not exceed	44743
the sum so certified. Such a certification need be signed only by	44744
the fiscal officer of the subdivision or the taxing district and	44745
may, but need not, be limited to a specific vendor. An itemized	44746
statement of obligations incurred and expenditures made under such	44747
certificate shall be rendered to the auditor or other chief fiscal	44748
officer before another such certificate may be issued, and not	44749
more than one such certificate shall be outstanding at a time.	44750

In addition to providing the certification for expenditures	44751
of five thousand dollars or less as provided in this division, a	44752
subdivision also may make expenditures, issue orders for payment,	44753
and make contracts or obligations calling for or requiring the	44754
payment of money made and assumed for specified permitted purposes	44755
from a specific line-item appropriation account in a specified	44756
fund for a sum of money exceeding five thousand dollars upon the	44757
certification by the fiscal officer of the subdivision that this	44758
sum of money has been lawfully appropriated, authorized, or	44759
directed for a permitted purpose and is in the treasury or in the	44760
process of collection to the credit of the specific line-item	44761
appropriation account in the specified fund free from previous and	44762
then-outstanding obligations or certifications; provided that the	44763
aggregate sum of money included in and called for by the	44764
expenditures, orders, and obligations shall not exceed the	44765
certified sum. The purposes for which a subdivision may lawfully	44766
appropriate, authorize, or issue such a certificate are the	44767
services of an accountant, architect, attorney at law, physician,	44768
professional engineer, construction project manager, consultant,	44769
surveyor, or appraiser by or on behalf of the subdivision or	44770
contracting authority; fuel oil, gasoline, food items, roadway	44771
materials, and utilities; and any purchases exempt from	44772
competitive bidding under section 125.04 of the Revised Code and	44773
any other specific expenditure that is a recurring and reasonably	44774
predictable operating expense. Such a certification shall not	44775
extend beyond the end of the fiscal year or, in the case of a	44776
board of county commissioners that has established a quarterly	44777
spending plan under section 5705.392 of the Revised Code, beyond	44778
the quarter to which the plan applies. Such a certificate shall	44779
be signed by the fiscal officer and may, but need not, be limited	44780
to a specific vendor. An itemized statement of obligations	44781
incurred and expenditures made under such a certificate shall be	44782
rendered to the fiscal officer for each certificate issued. More	44783
than one such certificate may be outstanding at any time.	44784

In any case in which a contract is entered into upon a per	44785
unit basis, the head of the department, board, or commission for	44786
the benefit of which the contract is made shall make an estimate	44787
of the total amount to become due upon such contract, which	44788
estimate shall be certified in writing to the fiscal officer of	44789
the subdivision. Such a contract may be entered into if the	44790
appropriation covers such estimate, or so much thereof as may be	44791
due during the current year. In such a case the certificate of	44792
the fiscal officer based upon the estimate shall be a sufficient	44793
compliance with the law requiring a certificate.	44794

Any certificate of the fiscal officer attached to a contract	44795
shall be binding upon the political subdivision as to the facts	44796
set forth therein. Upon request of any person receiving an order	44797
or entering into a contract with any political subdivision, the	44798
certificate of the fiscal officer shall be attached to such order	44799
or contract. "Contract" as used in this section excludes current	44800
payrolls of regular employees and officers.	44801

Taxes and other revenue in process of collection, or the	44802
proceeds to be derived from authorized bonds, notes, or	44803
certificates of indebtedness sold and in process of delivery,	44804
shall for the purpose of this section be deemed in the treasury or	44805
in process of collection and in the appropriate fund. This	44806
section applies neither to the investment of sinking funds by the	44807
trustees of such funds, nor to investments made under sections	44808
731.56 to 731.59 of the Revised Code.	44809

No district authority shall, in transacting its own affairs,	44810
do any of the things prohibited to a subdivision by this section,	44811
but the appropriation referred to shall become the appropriation	44812
by the district authority, and the fiscal officer referred to	44813
shall mean the fiscal officer of the district authority.	44814

Sec. 5705.44. When contracts or leases run beyond the	44815
termination of the fiscal year in which they are made, the fiscal	44816
officer of the taxing authority shall make a certification for the	44817
amount required to meet the obligation of such contract or lease	44818
maturing in such fiscal year. The amount of the obligation under	44819
such contract or lease remaining unfulfilled at the end of a	44820
fiscal year, and which will become payable during the next fiscal	44821
year, shall be included in the annual appropriation measure for	44822
the next year as a fixed charge.	44823

The certificate required by section 5705.41 of the Revised	44824
Code as to money in the treasury shall not be required for	44825
contracts on which payments are to be made from the earnings of a	44826
publicly operated water works or public utility, but in the case	44827
of any such contract made without such certification, no payment	44828
shall be made on account thereof, and no claim or demand thereon	44829
shall be recoverable, except out of such earnings. That	44830
certificate also shall not be required if requiring the	44831
certificate makes it impossible for a county board of mental	44832
retardation and developmental disabilities to pay the nonfederal	44833
share of medicaid expenditures that the county board is required	44834
by division (A) of section 5126.056 of the Revised Code to pay.	44835

Sec. 5709.17. (A) Real estate held or occupied by an	44836
association or corporation, organized or incorporated under the	44837
laws of this state relative to soldiers' memorial associations,	44838
monumental building associations, or cemetery associations or	44839
corporations, which in the opinion of the trustees, directors, or	44840
managers thereof is necessary and proper to carry out the object	44841
intended for such association or corporation, shall be exempt from	44842
taxation.	44843

(B) Real estate and tangible personal property held or	44844
occupied by a war veterans' organization, which is organized	44845
exclusively for charitable purposes and incorporated under the	44846
laws of this state or the United States, except real estate held	44847
by such organization for the production of rental income, shall be	44848
exempt from taxation.	44849

(C) Tangible personal property held by a corporation	44850
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	44851
section 501(c)(3) of the Internal Revenue Code, and exempt from	44852
taxation under section 501(a) of the Internal Revenue Code shall	44853
be exempt from taxation if it is surplus property obtained as	44854
described in 112 Stat. 1340, 36 U.S.C.A. 40730.	44855

Sec. 5711.33. (A)(1) When a county treasurer receives a	44856
certificate from a county auditor pursuant to division (A) of	44857
section 5711.32 of the Revised Code charging the treasurer with	44858
the collection of an amount of taxes due as the result of a	44859
deficiency assessment, the treasurer shall immediately prepare and	44860
mail a tax bill to the taxpayer owing such tax. The tax bill	44861
shall contain the name of the taxpayer; the taxable value, tax	44862
rate, and taxes charged for each year being assessed; the total	44863
amount of taxes due; the final date payment may be made without	44864
additional penalty; and any other information the treasurer	44865
considers pertinent or necessary. Taxes due and payable as a	44866
result of a deficiency assessment, less any amount specifically	44867
excepted from collection under division (B) of section 5711.32 of	44868
the Revised Code, shall be paid with interest thereon as	44869
prescribed by section 5719.041 of the Revised Code on or before	44870
the sixtieth day following the date of issuance of the certificate	44871
by the county auditor. The balance of taxes found due and payable	44872
after a final determination by the tax commissioner or a final	44873
judgment of the board of tax appeals or any court to which such	44874
final judgment may be appealed, shall be paid with interest	44875
thereon as prescribed by section 5719.041 of the Revised Code on	44876
or before the sixtieth day following the date of certification by	44877
the auditor to the treasurer pursuant to division (C) of section	44878
5711.32 of the Revised Code of such final determination or	44879
judgment. Such final dates for payment shall be determined and	44880
exhibited on the tax bill by the treasurer.	44881

(2) If, on or before the sixtieth day following the date of	44882
a certification of a deficiency assessment under division (A) of	44883
section 5711.32 of the Revised Code or of a certification of a	44884
final determination or judgment under division (C) of section	44885
5711.32 of the Revised Code, the taxpayer pays the full amount of	44886
taxes and interest due at the time of the receipt of certification	44887
with respect to that assessment, determination, or judgment, no	44888
interest shall accrue or be charged with respect to that	44889
assessment, determination, or judgment for the period that begins	44890
on the first day of the month in which the certification is made	44891
and that ends on the last day of the month preceding the month in	44892
which such sixtieth day occurs.	44893

(3) In addition to any other means provided by law for the	44894
collection of such taxes, the county treasurer may enter into a	44895
written tax contract with a taxpayer charged with the payment of	44896
taxes as a result of a deficiency assessment issued under division	44897
(A) of section 5711.32 of the Revised Code whereby the taxpayer is	44898
permitted to pay the full amount of those taxes in installments.	44899
Such a contract may not be entered into later than the sixtieth	44900
day after the day the assessment is issued. The terms of the tax	44901
contract shall include the amount payable and the due date of each	44902
installment including the final payment date, which shall be not	44903
more than five years after the date of the first payment. A	44904
receipt shall be issued for each installment payment when paid.	44905
Each payment shall be applied to the taxes and interest in the	44906
same order as each became due and shall be apportioned among the	44907
various funds for which the taxes were levied at the next	44908
succeeding tax settlement. When a payment is not tendered as	44909
agreed upon, the treasurer shall declare the tax contract to be	44910
void and proceed to collect the unpaid balance by any means	44911
provided by law. When the treasurer declares a tax contract to be	44912
void, the remaining tax and interest due becomes delinquent, and	44913
the penalty provided by division (B) of this section shall be	44914
imposed on that remaining tax and interest due. The treasurer may	44915
permit a delinquent tax contract to be undertaken on any	44916
delinquent tax due as provided in section 5719.05 of the Revised	44917
Code.	44918

(B) When the taxes charged, as mentioned in division (A) of	44919
this section, are not paid within the time prescribed by such	44920
division or if a tax contract is not entered into as provided in	44921
division (A)(3) of this section, a penalty of ten per cent of the	44922
amount due and unpaid and interest for the period described in	44923
division (A)(2) of this section shall accrue at the time the	44924
treasurer closes the treasurer's office for business on the last	44925
day so prescribed, but if the taxes are paid within ten days	44926
subsequent to the last day prescribed, the treasurer shall waive	44927
the collection of and the auditor shall remit one-half of the	44928
penalty. The treasurer shall not thereafter accept less than the	44929
full amount of taxes and penalty except as otherwise authorized by	44930
law. Such penalty shall be distributed in the same manner and at	44931
the same time as the tax upon which it has accrued. The whole	44932
amount collected shall be included in the next succeeding	44933
settlement of appropriate taxes.	44934

(C) When the taxes charged, as mentioned in division (A) of	44935
this section, remain unpaid after the final date for payment	44936
prescribed by such division, such charges shall be deemed to be	44937
delinquent taxes. The county auditor shall cause such charges,	44938
including the penalty that has accrued pursuant to this section,	44939
to be added to the delinquent tax duplicate in accordance with	44940
section 5719.04 of the Revised Code.	44941

(D) The county auditor, upon consultation with the county	44942
treasurer, shall remit a penalty imposed under division (B) of	44943
this section or division (C) of section 5719.03 of the Revised	44944
Code for the late payment of taxes when:	44945

(1) The taxpayer could not make timely payment of the tax	44946
because of the negligence or error of the auditor or treasurer in	44947
the performance of a statutory duty relating to the levy or	44948
collection of such tax.	44949

(2) In cases other than those described in division (D)(1)	44950
of this section, the taxpayer failed to receive a tax bill or a	44951
correct tax bill, and the taxpayer made a good faith effort to	44952
obtain such bill within thirty days after the last day for payment	44953
of the tax.	44954

(3) The tax was not timely paid because of the death or	44955
serious injury of the taxpayer, or the taxpayer's confinement in a	44956
hospital within sixty days preceding the last day for payment of	44957
the tax if, in any case, the tax was subsequently paid within	44958
sixty days after the last day for payment of such tax.	44959

(4) The taxpayer demonstrates to the satisfaction of the	44960
auditor that the full payment was properly deposited in the mail	44961
in sufficient time for the envelope to be postmarked by the United	44962
States postal service on or before the last day for payment of	44963
such tax. A private meter postmark on an envelope is not a valid	44964
postmark for purposes of establishing the date of payment of such	44965
tax.	44966

(E) The taxpayer, upon application, may request the tax	44967
commissioner to review the denial of the remission of a penalty by	44968
the auditor. The commissioner shall consider the application,	44969
determine whether the penalty should be remitted, and certify the	44970
determination to the taxpayer and to the treasurer and auditor who	44971
shall correct the tax list and duplicate accordingly. The	44972
commissioner shall issue orders and instructions for the uniform	44973
implementation of this section by all auditors and treasurers, and	44974
such orders and instructions shall be followed by such officers.	44975

Sec. 5721.30. As used in sections 5721.30 to 5721.42 of the	44976
Revised Code:	44977

(A) "Tax certificate," "certificate," or "duplicate	44978
certificate" means a document which may be issued as a physical	44979
certificate, in book-entry form, or through an electronic medium,	44980
at the discretion of the county treasurer. Such document shall	44981
contain the information required by section 5721.31 of the Revised	44982
Code and shall be prepared, transferred, or redeemed in the manner	44983
prescribed by sections 5721.30 to 5721.41 of the Revised Code. As	44984
used in those sections, "tax certificate," "certificate," and	44985
"duplicate certificate" do not refer to the delinquent land tax	44986
certificate or the delinquent vacant land tax certificate issued	44987
under section 5721.13 of the Revised Code.	44988

(B) "Certificate parcel" means the parcel of delinquent land	44989
that is the subject of and is described in a tax certificate.	44990

(C) "Certificate holder" means a person who purchases a tax	44991
certificate under section 5721.32 or 5721.33 of the Revised Code,	44992
or a person to whom a tax certificate has been transferred	44993
pursuant to section 5721.36 of the Revised Code.	44994

(D) "Certificate purchase price" means, with respect to the	44995
sale of tax certificates under sections 5721.32 and 5721.33 of the	44996
Revised Code, the amount equal to delinquent taxes, assessments,	44997
penalties, and interest computed under section 323.121 of the	44998
Revised Code charged against a certificate parcel at the time the	44999
tax certificate respecting that parcel is sold, not including any	45000
delinquent taxes, assessments, penalties, interest, and charges,	45001
the lien for which has been conveyed to a certificate holder	45002
through a prior sale of a tax certificate respecting that parcel;	45003
provided, however, that payment of the certificate purchase price	45004
in a sale under section 5721.33 of the Revised Code may be made	45005
wholly in cash or partially in cash and partially by noncash	45006
consideration acceptable to the county treasurer from the	45007
purchaser. In the event that any such noncash consideration is	45008
delivered to pay a portion of the certificate purchase price, such	45009
noncash consideration may be subordinate to the rights of the	45010
holders of other obligations whose proceeds paid the cash portion	45011
of the certificate purchase price.	45012

"Certificate purchase price" also includes the amount of the	45013
fee charged by the county treasurer to the purchaser of the	45014
certificate under division (H) of section 5721.32 of the Revised	45015
Code.	45016

(E) With respect to a sale of tax certificates under section	45017
5721.32 of the Revised Code and except as provided in division	45018
(E)(3) of this section, "certificate redemption price" means the	45019
amount determined under division (E)(1) or (2) of this section.	45020

(1) During the first year after the date on which a tax	45021
certificate is sold, the sum of the following:	45022

(a) The certificate purchase price;

45023

(b) The greater of the following:

45024

(i) Interest, at the certificate rate of interest, accruing	45025
during the certificate interest period on the certificate purchase	45026
price;	45027

(ii) Six per cent of the certificate purchase price.

45028

(c) The fee charged by the county treasurer to the purchaser	45029
of the certificate under division (H) of section 5721.32 of the	45030
Revised Code.	45031

(2) After the first year after the date on which a tax	45032
certificate is sold, the sum of the following:	45033

(a)(i) If division (E)(1)(b)(i) applied during the first	45034
year, the certificate purchase price;	45035

(ii) If division (E)(1)(b)(ii) applied during the first	45036
year, the sum of the certificate purchase price plus six per cent	45037
of the certificate purchase price.	45038

(b)(i) If division (E)(1)(b)(i) applied during the first	45039
year, interest at the certificate rate of interest accruing during	45040
the certificate interest period on the certificate purchase price;	45041

(ii) If division (E)(1)(b)(ii) applied during the first	45042
year, interest at the certificate rate of interest, accruing	45043
during the part of the certificate interest period that begins one	45044
year after the date of the sale of the certificate, on the sum of	45045
the certificate purchase price plus six per cent of the	45046
certificate purchase price.	45047

(c) The fee charged by the county treasurer to the purchaser	45048
of the certificate under division (H) of section 5721.32 of the	45049
Revised Code.	45050

(3) If the certificate rate of interest equals zero, the	45051
certificate redemption price equals the certificate purchase price	45052
plus the fee charged by the county treasurer to the purchaser of	45053
the certificate under division (H) of section 5721.32 of the	45054
Revised Code.	45055

(F) With respect to a sale of tax certificates under section	45056
5721.33 of the Revised Code, "certificate redemption price" means	45057
the amount equal to the sum of the following:	45058

(1) The certificate purchase price;

45059

(2) Interest accrued on the certificate purchase price at	45060
the certificate rate of interest from the date on which a tax	45061
certificate is delivered through and including the day immediately	45062
preceding the day on which the certificate redemption price is	45063
paid;	45064

(3) The fee, if any, charged by the county treasurer to the	45065
purchaser of the certificate under division (J) of section 5721.33	45066
of the Revised Code;	45067

(4) Any other fees charged by any county office in	45068
connection with the recording of tax certificates.	45069

(G) "Certificate rate of interest" means the rate of simple	45070
interest per year bid by the winning bidder in an auction of a tax	45071
certificate held under section 5721.32 of the Revised Code, or the	45072
rate of simple interest per year not to exceed eighteen per cent	45073
per year fixed by the county treasurer with respect to any tax	45074
certificate sold pursuant to a negotiated sale under section	45075
5721.33 of the Revised Code.	45076

(H) "Cash" means United States currency, certified checks,	45077
money orders, bank drafts, or electronic transfer of funds, and	45078
excludes any other form of payment.	45079

(I) "The date on which a tax certificate is sold," "the date	45080
the certificate was sold," "the date the certificate is	45081
purchased," and any other phrase of similar content mean, with	45082
respect to a sale pursuant to an auction under section 5721.32 of	45083
the Revised Code, the date designated by the county treasurer for	45084
the submission of bids and, with respect to a negotiated sale	45085
under section 5721.33 of the Revised Code, the date of delivery of	45086
the tax certificates to the purchasers thereof pursuant to a tax	45087
certificate sale/purchase agreement.	45088

(J) "Purchaser of a tax certificate pursuant to section	45089
5721.32 of the Revised Code" means the winning bidder in an	45090
auction of a tax certificate held under section 5721.32 of the	45091
Revised Code.	45092

(K) "Certificate interest period" means, with respect to a	45093
tax certificate sold under section 5721.32 of the Revised Code,	45094
the period beginning on the date the certificate is purchased and,	45095
with respect to a tax certificate sold under section 5721.33 of	45096
the Revised Code, the period beginning on the date of delivery of	45097
the tax certificate, and in either case ending on one of the	45098
following dates:	45099

(1) In the case of foreclosure proceedings instituted under	45100
section 5721.37 of the Revised Code, the date the certificate	45101
holder submits a payment to the treasurer under division (B) of	45102
that section;	45103

(2) In the case of a certificate parcel redeemed under	45104
division (A) or (C) of section 5721.38 of the Revised Code, the	45105
date the owner of record of the certificate parcel, or any other	45106
person entitled to redeem that parcel, pays to the county	45107
treasurer or to the certificate holder, as applicable, the full	45108
amount determined under that section.	45109

(L) "County treasurer" means, with respect to the sale of tax	45110
certificates under section 5721.32, or 5721.33 of the Revised	45111
Code, the county treasurer of a county having a population of at	45112
least two hundred thousand according to the then most recent	45113
federal decennial census ~~and, with respect to the sale of tax~~	45114
~~certificates under section 5721.33 of the Revised Code, the county~~	45115
~~treasurer of a county having a population of at least one million~~	45116
~~four hundred thousand according to the then most recent federal~~	45117
~~decennial census~~.	45118

(M) "Qualified trustee" means a trust company within the	45119
state or a bank having the power of a trust company within the	45120
state with a combined capital stock, surplus, and undivided	45121
profits of at least one hundred million dollars.	45122

(N) "Tax certificate sale/purchase agreement" means the	45123
purchase and sale agreement described in division (C) of section	45124
5721.33 of the Revised Code setting forth the certificate purchase	45125
price, plus any applicable premium or less any applicable	45126
discount, including, without limitation, the amount thereof to be	45127
paid in cash and the amount and nature of any noncash	45128
consideration, the date of delivery of the tax certificates, and	45129
the other terms and conditions of the sale, including, without	45130
limitation, the rate of interest that the tax certificates shall	45131
bear.	45132

(O) "Noncash consideration" means any form of consideration	45133
other than cash, including, but not limited to, promissory notes	45134
whether subordinate or otherwise.	45135

(P) "Private attorney" means for purposes of section 5721.37	45136
of the Revised Code, any attorney licensed to practice law in this	45137
state, whether practicing with a firm of attorneys or otherwise,	45138
whose license has not been revoked or otherwise suspended and who	45139
brings foreclosure proceedings pursuant to section 5721.37 of the	45140
Revised Code on behalf of a certificate holder.	45141

(Q) "Related certificate parcel" means, with respect to a	45142
certificate holder, the certificate parcel with respect to which	45143
the certificate holder has purchased and holds a tax certificate	45144
pursuant to sections 5721.30 to 5721.41 of the Revised Code and,	45145
with respect to a tax certificate, the certificate parcel against	45146
which the tax certificate has been sold pursuant to those	45147
sections.	45148

Sec. 5725.31. (A) As used in this section:

45149

(1) "Eligible employee" and "eligible training costs" have	45150
the same meanings as in section 5733.42 of the Revised Code.	45151

(2) "Tax assessed under this chapter" means, in the case of a	45152
dealer in intangibles, the tax assessed under sections 5725.13 to	45153
5725.17 of the Revised Code and, in the case of a domestic	45154
insurance company, the taxes assessed under sections 5725.18 to	45155
5725.26 of the Revised Code.	45156

(3) "Taxpayer" means a dealer in intangibles or a domestic	45157
insurance company subject to a tax assessed under this chapter.	45158

(4) "Credit period" means, in the case of a dealer in	45159
intangibles, the calendar year ending on the thirty-first day of	45160
December next preceding the day the report is required to be	45161
returned under section 5725.14 of the Revised Code and, in the	45162
case of a domestic insurance company, the calendar year ending on	45163
the thirty-first day of December next preceding the day the annual	45164
statement is required to be returned under section 5725.18 or	45165
5725.181 of the Revised Code.	45166

(B) There is hereby allowed a nonrefundable credit against	45167
the tax imposed under this chapter for a taxpayer for which a tax	45168
credit certificate is issued under section 5733.42 of the Revised	45169
Code. The credit may be claimed for credit periods beginning on	45170
or after January 1, ~~2001~~ 2003, and ending on or before December	45171
31, ~~2003~~ 2005. The amount of the credit for the credit period	45172
beginning on January 1, 2003, shall equal one-half of the average	45173
of the eligible training costs paid or incurred by the taxpayer	45174
during ~~the three~~ calendar years ~~immediately preceding the credit~~	45175
~~period for which the credit is claimed~~ 1998, 1999, and 2000, not	45176
to exceed one thousand dollars for each eligible employee on	45177
account of whom eligible training costs were paid or incurred by	45178
the taxpayer. The amount of the credit for the credit period	45179
beginning on January 1, 2004, shall equal one-half of the average	45180
of the eligible training costs paid or incurred by the taxpayer	45181
during calendar years 2002, 2003, and 2004, not to exceed one	45182
thousand dollars for each eligible employee on account of whom	45183
eligible training costs were paid or incurred by the taxpayer. The	45184
amount of the credit for the credit period beginning on January 1,	45185
2005, shall equal one-half of the average of the eligible training	45186
costs paid or incurred by the taxpayer during calendar years 2003,	45187
2004, and 2005, not to exceed one thousand dollars for each	45188
eligible employee on account of whom eligible training costs were	45189
paid or incurred by the taxpayer. The credit claimed by a taxpayer	45190
each credit period shall not exceed one hundred thousand dollars.	45191

A taxpayer shall apply to the director of job and family	45192
services for a tax credit certificate in the manner prescribed by	45193
division (C) of section 5733.42 of the Revised Code. Divisions	45194
(C) to (H) of that section govern the tax credit allowed by this	45195
section, except that "credit period" shall be substituted for "tax	45196
year with respect to a calendar year" wherever that phrase appears	45197
in those divisions and that a taxpayer under this section shall be	45198
considered a taxpayer for the purposes of that section.	45199

A taxpayer may carry forward the credit allowed under this	45200
section to the extent that the credit exceeds the taxpayer's tax	45201
due for the credit period. The taxpayer may carry the excess	45202
credit forward for three credit periods following the credit	45203
period for which the credit is first claimed under this section.	45204
The credit allowed by this section is in addition to any credit	45205
allowed under section 5729.031 of the Revised Code.	45206

Sec. 5727.25. (A) Except as provided in division (B) of	45207
this section, within forty-five days after the last day of March,	45208
June, September, and December, each natural gas company or	45209
combined company subject to the excise tax imposed by section	45210
5727.24 of the Revised Code shall file a return with the ~~treasurer~~	45211
~~of state~~ tax commissioner, in such form as the tax commissioner	45212
prescribes, and pay the full amount of the tax due on its taxable	45213
gross receipts for the preceding calendar quarter, except that the	45214
first payment of this tax shall be made on or before November 15,	45215
2000, for the five-month period of May 1, 2000, to September 30,	45216
2000. All payments made under this division shall be made by	45217
electronic funds transfer in accordance with section 5727.311 of	45218
the Revised Code.	45219

(B) Any natural gas company or combined company subject to	45220
the excise tax imposed by this section that has an annual tax	45221
liability for the preceding calendar year ending on the	45222
thirty-first day of December of less than three hundred	45223
twenty-five thousand dollars may elect to file an annual return	45224
with the ~~treasurer of state~~ tax commissioner, in such form as the	45225
tax commissioner prescribes, for the next year. A company that	45226
elects to file an annual return for the calendar year shall file	45227
the return and remit the taxes due on its taxable gross receipts	45228
within forty-five days after the thirty-first day of December. The	45229
first payment of the tax under this division shall be made on or	45230
before February 14, 2001, for the period of May 1, 2000, to	45231
December 31, 2000. The minimum tax for a natural gas company or	45232
combined company subject to this division shall be fifty dollars,	45233
and the company shall not be required to remit the tax due by	45234
electronic funds transfer.	45235

(C) A return required to be filed under division (A) or (B)	45236
of this section shall show the amount of tax due from the company	45237
for the period covered by the return and any other information as	45238
prescribed by the tax commissioner. A return shall be considered	45239
filed when received by the ~~treasurer of state~~ tax commissioner.	45240
The commissioner may extend the time for making and filing returns	45241
and paying the tax.	45242

(D) Any natural gas company or combined company that fails	45243
to file a return or pay the full amount of the tax due within the	45244
period prescribed under this section shall pay an additional	45245
charge of fifty dollars or ten per cent of the tax required to be	45246
paid for the reporting period, whichever is greater. If any tax	45247
due is not paid timely in accordance with this section, the	45248
company liable for the tax shall pay interest, calculated at the	45249
rate per annum prescribed by section 5703.47 of the Revised Code,	45250
from the date the tax payment was due to the date of payment or to	45251
the date an assessment was issued, whichever occurs first. The	45252
tax commissioner may collect any additional charge or interest	45253
imposed by this section by assessment in the manner provided in	45254
section 5727.26 of the Revised Code. The commissioner may abate	45255
all or a portion of the additional charge and may adopt rules	45256
governing such abatements.	45257

(E) The tax commissioner shall immediately forward to the	45258
treasurer of state any amounts that the commissioner receives	45259
under this section. The taxes, additional charges, penalties, and	45260
interest collected under sections 5727.24 to 5727.29 of the	45261
Revised Code shall be credited in accordance with section 5727.45	45262
of the Revised Code.	45263

Sec. 5727.26. (A) The tax commissioner may make an	45264
assessment, based on any information in the commissioner's	45265
possession, against any natural gas company or combined company	45266
that fails to file a return or pay any tax, interest, or	45267
additional charge as required by sections 5727.24 to 5727.29 of	45268
the Revised Code. The commissioner shall give the company	45269
assessed written notice of the assessment as provided in section	45270
5703.37 of the Revised Code. A penalty of up to fifteen per cent	45271
may be added to all amounts assessed under this section. The tax	45272
commissioner may adopt rules providing for the imposition and	45273
remission of the penalty.	45274

(B) If a party to whom the notice of assessment is directed	45275
objects to the assessment, the party may file a petition for	45276
reassessment with the tax commissioner. The petition must be made	45277
in writing, signed by the party or the party's authorized agent	45278
having knowledge of the facts, and filed with the commissioner,	45279
either personally or by certified mail, within sixty days after	45280
service of the notice of assessment. The petition shall indicate	45281
the objections of the company assessed, but additional objections	45282
may be raised in writing if received prior to the date shown on	45283
the final determination of the commissioner. Upon receipt of a	45284
properly filed petition, the commissioner ~~shall~~ may notify the	45285
treasurer of state.	45286

Unless the petitioner waives a hearing, the commissioner	45287
shall grant the petitioner a hearing on the petition, assign a	45288
time and place for the hearing, and notify the petitioner of the	45289
time and place of the hearing as provided in section 5703.37 of	45290
the Revised Code. The commissioner may continue the hearing from	45291
time to time, if necessary.	45292

If the party to whom the notice of assessment is directed	45293
does not file a petition for reassessment, the assessment is final	45294
and the amount of the assessment is due and payable from the	45295
company assessed ~~to the treasurer of state~~. The company assessed	45296
shall make the payment payable to the treasurer of state and shall	45297
deliver the payment to the tax commissioner.	45298

(C) The tax commissioner may make any correction to the	45299
assessment that the commissioner finds proper and shall issue a	45300
final determination thereon. The commissioner shall serve a copy	45301
of the final determination on the petitioner as provided in	45302
section 5703.37 of the Revised Code, and the commissioner's	45303
decision in the matter is final, subject to appeal under section	45304
5717.02 of the Revised Code. The commissioner ~~also shall~~ may	45305
transmit a copy of the final determination to the treasurer of	45306
state. Only objections decided on the merits by the board of tax	45307
appeals or a court shall be given collateral estoppel or res	45308
judicata effect in considering an application for refund of an	45309
amount paid pursuant to the assessment.	45310

(D) After an assessment becomes final, if any portion of the	45311
assessment, including accrued interest, remains unpaid, a	45312
certified copy of the tax commissioner's entry making the	45313
assessment final may be filed in the office of the clerk of the	45314
court of common pleas in the county in which the natural gas	45315
company's or combined company's principal place of business is	45316
located, or in the office of the clerk of court of common pleas of	45317
Franklin county.	45318

The clerk, immediately on the filing of the entry, must enter	45319
judgment for the state against the company assessed in the amount	45320
shown on the entry. The judgment may be filed by the clerk in a	45321
loose-leaf book entitled, "special judgments for the public	45322
utility excise tax on natural gas and combined companies," and	45323
shall have the same effect as other judgments. Execution shall	45324
issue upon the judgment at the request of the tax commissioner,	45325
and all laws applicable to sales on execution shall apply to sales	45326
made under the judgment.	45327

The portion of the assessment not paid within sixty days	45328
after the day the assessment was issued shall bear interest at the	45329
rate per annum prescribed by section 5703.47 of the Revised Code	45330
from the day the tax commissioner issues the assessment until it	45331
is paid. Interest shall be paid in the same manner as the tax and	45332
may be collected by the issuance of an assessment under this	45333
section.	45334

(E) If the tax commissioner believes that collection of the	45335
tax will be jeopardized unless proceedings to collect or secure	45336
collection of the tax are instituted without delay, the	45337
commissioner may issue a jeopardy assessment against the person	45338
liable for the tax. On issuance of the jeopardy assessment, the	45339
commissioner immediately shall file an entry with the clerk of the	45340
court of common pleas in the manner prescribed by division (D) of	45341
this section. Notice of the jeopardy assessment shall be served	45342
on the party assessed or the party's legal representative as	45343
provided in section 5703.37 of the Revised Code within five days	45344
of the filing of the entry with the clerk. The total amount	45345
assessed is immediately due and payable, unless the person	45346
assessed files a petition for reassessment in accordance with	45347
division (B) of this section and provides security in a form	45348
satisfactory to the commissioner and in an amount sufficient to	45349
satisfy the unpaid balance of the assessment. Full or partial	45350
payment of the assessment does not prejudice the commissioner's	45351
consideration of the petition for reassessment.	45352

(F) ~~All interest collected by the~~ The tax commissioner shall	45353
immediately forward to the treasurer of state all amounts that the	45354
tax commissioner receives under this section ~~shall be paid to the~~	45355
~~treasurer of state~~, and ~~when paid~~ such amounts shall be considered	45356
revenue arising from the tax imposed by section 5727.24 of the	45357
Revised Code.	45358

(G) No assessment shall be made or issued against a natural	45359
gas company or combined company for the tax imposed by section	45360
5727.24 of the Revised Code more than four years after the return	45361
date for the period in which the tax was reported, or more than	45362
four years after the return for the period was filed, whichever is	45363
later.	45364

Sec. 5727.81. (A) For the purpose of raising revenue for	45365
public education and state and local government operations, an	45366
excise tax is hereby levied and imposed on an electric	45367
distribution company for all electricity distributed by such	45368
company beginning with the measurement period that includes May	45369
1, 2001, at the following rates per kilowatt hour of electricity	45370
distributed in a thirty-day period by the company through a meter	45371
of an end user in this state:	45372

KILOWATT HOURS DISTRIBUTED TO	RATE PER	45373
AN END USER	KILOWATT HOUR	45374
For the first 2,000	$.00465	45375
For the next 2,001 to 15,000	$.00419	45376
For 15,001 and above	$.00363	45377

If no meter is used to measure the kilowatt hours of	45378
electricity distributed by the company, the rates shall apply to	45379
the estimated kilowatt hours of electricity distributed to an	45380
unmetered location in this state.	45381

The electric distribution company shall base the monthly tax	45382
on the kilowatt hours of electricity distributed to an end user	45383
through the meter of the end user that is not measured for a	45384
thirty-day period by dividing the days in the measurement period	45385
into the total kilowatt hours measured during the measurement	45386
period to obtain a daily average usage. The tax shall be	45387
determined by obtaining the sum of divisions (A)(1), (2), and (3)	45388
of this section and multiplying that amount by the number of days	45389
in the measurement period:	45390

(1) Multiplying $0.00465 per kilowatt hour for the first	45391
sixty-seven kilowatt hours distributed using a daily average;	45392

(2) Multiplying $0.00419 for the next sixty-eight to five	45393
hundred kilowatt hours distributed using a daily average;	45394

(3) Multiplying $0.00363 for the remaining kilowatt hours	45395
distributed using a daily average.	45396

~~Except~~ Until January 1, 2003, except as provided in division	45397
(C) of this section, the electric distribution company shall pay	45398
the tax to the treasurer of state in accordance with section	45399
5727.82 of the Revised Code. Beginning January 1, 2003, except as	45400
provided in division (C) of this section, the electric	45401
distribution company shall pay the tax to the tax commissioner in	45402
accordance with section 5727.82 of the Revised Code, unless	45403
required to remit each tax payment by electronic funds transfer to	45404
the treasurer of state in accordance with section 5727.83 of the	45405
Revised Code.	45406

Only the distribution of electricity through a meter of an	45407
end user in this state shall be used by the electric distribution	45408
company to compute the amount or estimated amount of tax due. In	45409
the event a meter is not actually read for a measurement period,	45410
the estimated kilowatt hours distributed by an electric	45411
distribution company to bill for its distribution charges shall	45412
be used.	45413

(B) Except as provided in division (C) of this section, each	45414
electric distribution company shall pay the tax imposed by this	45415
section in all of the following circumstances:	45416

(1) The electricity is distributed by the company through a	45417
meter of an end user in this state;	45418

(2) The company is distributing electricity through a meter	45419
located in another state, but the electricity is consumed in this	45420
state in the manner prescribed by the tax commissioner;	45421

(3) The company is distributing electricity in this state	45422
without the use of a meter, but the electricity is consumed in	45423
this state as estimated and in the manner prescribed by the tax	45424
commissioner.	45425

(C)(1) As used in division (C) of this section:

45426

(a) "Total price of electricity" means the aggregate value in	45427
money of anything paid or transferred, or promised to be paid or	45428
transferred, to obtain electricity or electric service, including	45429
but not limited to the value paid or promised to be paid for the	45430
transmission or distribution of electricity and for transition	45431
costs as described in Chapter 4928. of the Revised Code.	45432

(b) "Package" means the provision or the acquisition, at a	45433
combined price, of electricity with other services or products, or	45434
any combination thereof, such as natural gas or other fuels;	45435
energy management products, software, and services; machinery and	45436
equipment acquisition; and financing agreements.	45437

(c) "Single location" means a facility located on contiguous	45438
property separated only by a roadway, railway, or waterway.	45439

(2) Division (C) of this section applies to any commercial	45440
or industrial purchaser's receipt of electricity through a meter	45441
of an end user in this state or through more than one meter at a	45442
single location in this state in a quantity that exceeds	45443
forty-five million kilowatt hours of electricity over the course	45444
of the preceding calendar year, or any commercial or industrial	45445
purchaser that will consume more than forty-five million kilowatt	45446
hours of electricity over the course of the succeeding twelve	45447
months as estimated by the tax commissioner. The tax commissioner	45448
shall make such an estimate upon the written request by an	45449
applicant for registration as a self-assessing purchaser under	45450
this division. Such a purchaser may elect to self-assess the	45451
excise tax imposed by this section at the rate of $.00075 per	45452
kilowatt hour on ~~not more than~~ the first five hundred four million	45453
kilowatt hours distributed to that meter or location during the	45454
registration year, and four per cent of the total price of all	45455
electricity distributed to that meter or location. A qualified	45456
end user that receives electricity through a meter of an end user	45457
in this state or through more than one meter at a single location	45458
in this state and that consumes, over the course of the previous	45459
calendar year, more than forty-five million kilowatt hours in	45460
other than its qualifying manufacturing process, may elect to	45461
self-assess the tax as allowed by this division with respect to	45462
the electricity used in other than its qualifying manufacturing	45463
process. ~~Payment~~ Until January 1, 2003, payment of the tax shall	45464
be made directly to the treasurer of state in accordance with	45465
divisions (A)(4) and (5) of section 5727.82 of the Revised Code.	45466
Beginning January 1, 2003, payment of the tax shall be made	45467
directly to the tax commissioner in accordance with divisions	45468
(A)(4) and (5) of section 5727.82 of the Revised Code, or the	45469
treasurer of state in accordance with section 5727.83 of the	45470
Revised Code. If the electric distribution company serving the	45471
self-assessing purchaser is a municipal electric utility and the	45472
purchaser is within the municipal corporation's corporate limits,	45473
payment shall be made to such municipal corporation's general fund	45474
and reports shall be filed in accordance with divisions (A)(4)	45475
and (5) of section 5727.82 of the Revised Code, except that	45476
"municipal corporation" shall be substituted for "treasurer of	45477
state" and "tax commissioner." A self-assessing purchaser that	45478
pays the excise tax as provided in this division shall not be	45479
required to pay the tax to the electric distribution company from	45480
which its electricity is distributed. If a self-assessing	45481
purchaser's receipt of electricity is not subject to the tax as	45482
measured under this division, the tax on the receipt of such	45483
electricity shall be measured and paid as provided in division (A)	45484
of this section.	45485

(3) In the case of the acquisition of a package, unless the	45486
elements of the package are separately stated isolating the total	45487
price of electricity from the price of the remaining elements of	45488
the package, the tax imposed under this section applies to the	45489
entire price of the package. If the elements of the package are	45490
separately stated, the tax imposed under this section applies to	45491
the total price of the electricity.	45492

(4) Any electric supplier that sells electricity as part of	45493
a package shall separately state to the purchaser the total price	45494
of the electricity and, upon request by the tax commissioner, the	45495
total price of each of the other elements of the package.	45496

(5) The tax commissioner may adopt rules relating to the	45497
computation of the total price of electricity with respect to	45498
self-assessing purchasers, which may include rules to establish	45499
the total price of electricity purchased as part of a package.	45500

(6) ~~Application~~ An annual application for registration as a	45501
self-assessing purchaser shall be made for each qualifying meter	45502
or location, on a form prescribed by the tax commissioner. The	45503
registration year begins on the first day of may and ends on the	45504
following thirtieth day of April. Persons may apply after the	45505
first day of May for the remainder of the registration year. In	45506
the case of an applicant applying on the basis of an estimated	45507
consumption of forty-five million kilowatt hours over the course	45508
of the succeeding twelve months, the applicant shall provide such	45509
information as the tax commissioner considers to be necessary to	45510
estimate such consumption. At the time of making the application	45511
and by the first day of May of each year, excluding May 1, 2000, a	45512
self-assessing purchaser shall pay a fee of five hundred dollars	45513
to the tax commissioner, or to the treasurer of state as provided	45514
in section 5727.83 of the Revised Code, for each qualifying meter	45515
or location. The tax commissioner shall immediately pay to the	45516
treasurer of state all amounts that the tax commissioner receives	45517
under this section. The treasurer of state shall deposit such	45518
~~fees~~ amounts into the kilowatt hour excise tax administration	45519
fund, which is hereby created in the state treasury. Money in the	45520
fund shall be used to defray the tax commissioner's cost in	45521
administering the tax owed under section 5727.81 of the Revised	45522
Code by self-assessing purchasers. After the application is	45523
approved by the tax commissioner, the registration shall remain in	45524
effect for the current registration year, or until canceled by the	45525
registrant upon written notification to the commissioner of the	45526
election to pay the tax in accordance with division (A) of this	45527
section, or until canceled by the tax commissioner for not paying	45528
the tax or fee under division (C) of this section, or for not	45529
meeting the qualifications in division (C)(2) of this section. The	45530
tax commissioner shall give written notice to the electric	45531
distribution company from which electricity is delivered to a	45532
self-assessing purchaser of the purchaser's self-assessing status,	45533
and the electric distribution company is relieved of the	45534
obligation to pay the tax imposed by division (A) of this section	45535
for electricity distributed to that self-assessing purchaser until	45536
it is notified by the tax commissioner that the self-assessing	45537
purchaser's registration is canceled. Within fifteen days of	45538
notification of the canceled registration, the electric	45539
distribution company shall be responsible for payment of the tax	45540
imposed by division (A) of this section on electricity distributed	45541
to a purchaser that is no longer registered as a self-assessing	45542
purchaser. A self-assessing purchaser with a canceled	45543
registration must file a report and remit the tax imposed by	45544
division (A) of this section on all electricity it receives for	45545
any measurement period prior to the tax being reported and paid by	45546
the electric distribution company. A self-assessing purchaser	45547
whose registration is canceled by the tax commissioner is not	45548
eligible to register as a self-assessing purchaser for two years	45549
after the registration is canceled.	45550

(7) If the tax commissioner cancels the self-assessing	45551
registration of a purchaser registered on the basis of its	45552
estimated consumption because the purchaser does not consume at	45553
least forty-five million kilowatt hours of electricity over the	45554
course of the twelve-month period for which the estimate was made,	45555
the tax commissioner shall assess and collect from the purchaser	45556
the difference between (a) the amount of tax that would have been	45557
payable under division (A) of this section on the electricity	45558
distributed to the purchaser during that period and (b) the amount	45559
of tax paid by the purchaser on such electricity pursuant to	45560
division (C)(2)(a) of this section. The assessment shall be paid	45561
within sixty days after the tax commissioner issues it, regardless	45562
of whether the purchaser files a petition for reassessment under	45563
section 5727.89 of the Revised Code covering that period. If the	45564
purchaser does not pay the assessment within the time prescribed,	45565
the amount assessed is subject to the additional charge and the	45566
interest prescribed by divisions (B) and (C) of section 5727.82 of	45567
the Revised Code, and is subject to assessment under section	45568
5727.89 of the Revised Code. If the purchaser is a qualified end	45569
user, division (C)(7) of this section applies only to electricity	45570
it consumes in other than its qualifying manufacturing process.	45571

(D) The tax imposed by this section does not apply to the	45572
distribution of any kilowatt hours of electricity to the federal	45573
government, to an end user located at a federal facility that uses	45574
electricity for the enrichment of uranium, to a qualified	45575
regeneration meter, or to an end user for any day the end user is	45576
a qualified end user. The exemption under this division for a	45577
qualified end user only applies to the manufacturing location	45578
where the qualified end user uses more than three million kilowatt	45579
hours per day in a qualifying manufacturing process.	45580

Sec. 5727.811. (A) For the purpose of raising revenue for	45581
public education and state and local government operations, an	45582
excise tax is hereby levied on every natural gas distribution	45583
company for all natural gas volumes billed by, or on behalf of,	45584
the company ~~on and after~~ beginning with the measurement period	45585
that includes July 1, 2001. Except as provided in divisions (C)	45586
or (D) of this section, the tax shall be levied at the following	45587
rates per MCF of natural gas distributed by the company through a	45588
meter of an end user in this state:	45589

MCF DISTRIBUTED TO AN END USER	RATE PER MCF	45590
For the first 100 MCF per month	$.1593	45591
For the next 101 to 2000 MCF per month	$.0877	45592
For 2001 and above MCF per month	$.0411	45593

If no meter is used to measure the MCF of natural gas	45594
distributed by the company, the rates shall apply to the estimated	45595
MCF of natural gas distributed to an unmetered location in this	45596
state.	45597

(B) A natural gas distribution company shall base the tax on	45598
the MCF of natural gas distributed to an end user through the	45599
meter of the end user in this state that is estimated to be	45600
consumed by the end user as reflected on the end user's customer	45601
statement from the natural gas distribution company. ~~The~~ Until	45602
January 1, 2003, the natural gas distribution company shall pay	45603
the tax levied by this section to the treasurer of state in	45604
accordance with section 5727.82 of the Revised Code. Beginning	45605
January 1, 2003, the natural gas distribution company shall pay	45606
the tax levied by this section to the tax commissioner in	45607
accordance with section 5747.82 of the Revised Code unless	45608
required to remit payment to the treasurer of state in accordance	45609
with section 5727.83 of the Revised Code.	45610

(C) A natural gas distribution company with fifty thousand	45611
customers or less may elect to apply the rates specified in	45612
division (A) of this section to the aggregate of the natural gas	45613
distributed by the company through the meter of all its customers	45614
in this state, and upon such election, this method shall be used	45615
to determine the amount of tax to be paid by such company.	45616

(D) A natural gas distribution company shall pay the tax	45617
imposed by this section at the rate of $.02 per MCF of natural gas	45618
distributed by the company through the meter of a flex customer.	45619
The natural gas distribution company correspondingly shall reduce	45620
the per MCF rate that it charges the flex customer for natural gas	45621
distribution services by $.02 per MCF of natural gas distributed	45622
to the flex customer.	45623

(E) Except as provided in division (F) of this section, each	45624
natural gas distribution company shall pay the tax imposed by this	45625
section in all of the following circumstances:	45626

(1) The natural gas is distributed by the company through a	45627
meter of an end user in this state;	45628

(2) The natural gas distribution company is distributing	45629
natural gas through a meter located in another state, but the	45630
natural gas is consumed in this state in the manner prescribed by	45631
the tax commissioner;	45632

(3) The natural gas distribution company is distributing	45633
natural gas in this state without the use of a meter, but the	45634
natural gas is consumed in this state as estimated and in the	45635
manner prescribed by the tax commissioner.	45636

(F) The tax levied by this section does not apply to the	45637
distribution of natural gas to the federal government, or natural	45638
gas produced by an end user in this state that is consumed by that	45639
end user or its affiliates and is not distributed through the	45640
facilities of a natural gas company.	45641

Sec. 5727.82. (A)(1) Except as provided in divisions (A)(3)	45642
and (D) of this section, by the twentieth day of each month, each	45643
electric distribution company required to pay the tax imposed by	45644
section 5727.81 of the Revised Code shall file with the ~~treasurer~~	45645
~~of state~~ tax commissioner a return as prescribed by the tax	45646
commissioner and shall make payment of the full amount of tax due	45647
for the preceding month. The first payment of this tax shall be	45648
made on or before June 20, 2001. The electric distribution company	45649
shall make payment to the tax commissioner unless required to	45650
remit each tax payment by electronic funds transfer to the	45651
treasurer of state as provided in section 5727.83 of the Revised	45652
Code.	45653

(2) By the twentieth day of May, August, November, and	45654
February, each natural gas distribution company required to pay	45655
the tax imposed by section 5727.811 of the Revised Code shall file	45656
with the ~~treasurer of state~~ tax commissioner a return as	45657
prescribed by the tax commissioner and shall make payment to the	45658
tax commissioner, or to the treasurer of state as provided in	45659
section 5727.83 of the Revised Code, of the full amount of tax due	45660
for the preceding quarter. The first payment of this tax shall be	45661
made on or before November 20, 2001, for the quarter ending	45662
September 30, 2001.	45663

(3) If the electric distribution company required to pay the	45664
tax imposed by section 5727.81 of the Revised Code is a municipal	45665
electric utility, it may retain in its general fund that portion	45666
of the tax on the kilowatt hours distributed to end users located	45667
within the boundaries of the municipal corporation. However, the	45668
municipal electric utility shall make payment in accordance with	45669
division (A)(1) of this section of the tax due on the kilowatt	45670
hours distributed to end users located outside the boundaries of	45671
the municipal corporation.	45672

(4) By the twentieth day of each month, each self-assessing	45673
purchaser that under division (C) of section 5727.81 of the	45674
Revised Code pays directly to the tax commissioner or the	45675
treasurer of state the tax imposed by section 5727.81 of the	45676
Revised Code shall file with the ~~treasurer of state~~ tax	45677
commissioner a return as prescribed by the tax commissioner and	45678
shall make payment of the full amount of the tax due for the	45679
preceding month.	45680

(5) As prescribed by the tax commissioner, a return shall	45681
be signed by the company or self-assessing purchaser required to	45682
file it, or an authorized employee, officer, or agent of the	45683
company or purchaser. ~~The treasurer of state shall mark on the~~	45684
~~return the date it was received and indicate payment or nonpayment~~	45685
~~of the tax shown to be due on the return. The treasurer of state~~	45686
~~immediately shall transmit all returns to the tax commissioner.~~	45687
The return shall be deemed filed when received by the ~~treasurer of~~	45688
~~state~~ tax commissioner.	45689

(B) Any natural gas distribution company, electric	45690
distribution company, or self-assessing purchaser required by this	45691
section to file a return who fails to file it and pay the tax	45692
within the period prescribed shall pay an additional charge of	45693
fifty dollars or ten per cent of the tax required to be paid for	45694
the reporting period, whichever is greater. The tax commissioner	45695
may collect the additional charge by assessment pursuant to	45696
section 5727.89 of the Revised Code. The commissioner may abate	45697
all or a portion of the additional charge and may adopt rules	45698
governing such abatements.	45699

(C) If any tax due is not paid timely in accordance with	45700
this section, the natural gas distribution company, electric	45701
distribution company, or self-assessing purchaser liable for the	45702
tax shall pay interest, calculated at the rate per annum	45703
prescribed by section 5703.47 of the Revised Code, from the date	45704
the tax payment was due to the date of payment or to the date an	45705
assessment is issued, whichever occurs first. Interest shall be	45706
paid in the same manner as the tax, and the commissioner may	45707
collect the interest by assessment pursuant to section 5727.89 of	45708
the Revised Code.	45709

(D) Not later than the tenth day of each month, a qualified	45710
end user not making the election to self-assess under division (C)	45711
of section 5727.81 of the Revised Code shall report in writing to	45712
the electric distribution company that distributes electricity to	45713
the end user the kilowatt hours that were consumed as a qualified	45714
end user in a qualifying manufacturing process for the prior month	45715
and the number of days, if any, on which the end user was not a	45716
qualified end user. For each calendar day during that month, a	45717
qualified end user shall report the kilowatt hours that were not	45718
used in a qualifying manufacturing process. For each calendar day	45719
the end user was not a qualified end user, the end user shall	45720
report in writing to the electric distribution company the total	45721
number of kilowatt hours used on that day, and the electric	45722
distribution company shall pay the tax imposed under section	45723
5727.81 of the Revised Code on each kilowatt hour that was not	45724
distributed to a qualified end user in a qualifying manufacturing	45725
process. The electric distribution company may rely in good faith	45726
on a qualified end user's report filed under this division. If it	45727
is determined that the end user was not a qualified end user for	45728
any calendar day or the quantity of electricity used by the	45729
qualified end user in a qualifying manufacturing process was	45730
overstated, the tax commissioner shall assess and collect any tax	45731
imposed under section 5727.81 of the Revised Code directly from	45732
the qualified end user. As requested by the commissioner, each	45733
end user reporting to an electric distribution company that it is	45734
a qualified end user shall provide documentation to the	45735
commissioner that establishes the volume of electricity consumed	45736
daily by the qualified end user and the total number of kilowatt	45737
hours consumed in a qualifying manufacturing process.	45738

(E) The tax commissioner shall immediately pay to the	45739
treasurer of state all amounts that the tax commissioner receives	45740
under this section. The treasurer of state shall credit such	45741
amounts in accordance with this chapter.	45742

Sec. 5727.84. (A) As used in this section and sections	45743
5727.85, 5727.86, and 5727.87 of the Revised Code:	45744

(1) "School district" means a city, local, or exempted	45745
village school district.	45746

(2) "Joint vocational school district" means a joint	45747
vocational school district created under section 3311.16 of the	45748
Revised Code, and includes a cooperative education school district	45749
created under section 3311.52 or 3311.521 of the Revised Code and	45750
a county school financing district created under section 3311.50	45751
of the Revised Code.	45752

(3) "Local taxing unit" means a subdivision or taxing unit,	45753
as defined in section 5705.01 of the Revised Code, a park district	45754
created under Chapter 1545. of the Revised Code, or a township	45755
park district established under section 511.23 of the Revised	45756
Code, but excludes school districts and joint vocational school	45757
districts.	45758

(4) "State education aid" means the sum of ~~the~~ state ~~basic~~	45759
~~aid and state special education~~ aid amounts computed for a school	45760
district or joint vocational school district under ~~divisions (A)~~	45761
~~and (C) of section 3317.022~~ Chapter 3317. of the Revised Code.	45762

(5) "State education aid offset" means the amount ~~certified~~	45763
determined for each school district or joint vocational school	45764
district under division (A)(1) of section 5727.85 of the Revised	45765
Code.	45766

(6) "~~Adjusted total taxable value~~ Recognized valuation" has	45767
the same meaning as in section 3317.02 of the Revised Code.	45768

(7) "Electric company tax value loss" means the amount	45769
determined under division (D) of this section.	45770

(8) "Natural gas company tax value loss" means the amount	45771
determined under division (E) of this section.	45772

(9) "Tax value loss" means the sum of the electric company	45773
tax value loss and the natural gas company tax value loss.	45774

(10) "Fixed-rate levy" means any tax levied on property other	45775
than a fixed-sum levy.	45776

(11) "Fixed-rate levy loss" means the amount determined under	45777
division (G) of this section.	45778

(12) "Fixed-sum levy" means a tax levied on property at	45779
whatever rate is required to produce a specified amount of tax	45780
money or levied in excess of the ten-mill limitation to pay debt	45781
charges, and includes school district emergency levies imposed	45782
pursuant to section 5705.194 of the Revised Code.	45783

(13) "Fixed-sum levy loss" means the amount determined under	45784
division (H) of this section.	45785

(14) "Consumer price index" means the consumer price index	45786
(all items, all urban consumers) prepared by the bureau of labor	45787
statistics of the United States department of labor.	45788

(B) ~~All~~ The kilowatt-hour tax receipts fund is hereby created	45789
in the state treasury and shall consist of money arising from the	45790
tax imposed by section 5727.81 of the Revised Code. All money in	45791
the kilowatt-hour tax receipts fund shall be credited as follows:	45792

(1) Fifty-nine and nine hundred seventy-six one-thousandths	45793
per cent~~, plus an amount equal to seventy per cent of the total~~	45794
~~state education aid offset~~, shall be credited to the general	45795
revenue fund.	45796

(2) Two and six hundred forty-six one-thousandths per cent	45797
shall be credited to the local government fund, for distribution	45798
in accordance with section 5747.50 of the Revised Code.	45799

(3) Three hundred seventy-eight one-thousandths per cent	45800
shall be credited to the local government revenue assistance fund,	45801
for distribution in accordance with section 5747.61 of the Revised	45802
Code.	45803

(4) Twenty-five and nine-tenths per cent~~, less an amount~~	45804
~~equal to seventy per cent of the total state education aid offset,~~	45805
shall be credited to the school district property tax replacement	45806
fund, which is hereby created in the state treasury for the	45807
purpose of making the payments described in section 5727.85 of the	45808
Revised Code.	45809

(5) Eleven and one-tenth per cent shall be credited to the	45810
local government property tax replacement fund, which is hereby	45811
created in the state treasury for the purpose of making the	45812
payments described in section 5727.86 of the Revised Code.	45813

(6) ~~Beginning in the fiscal year in which payments are~~	45814
~~required to be made under sections 5727.85 and 5727.86 of the~~	45815
~~Revised Code~~ In fiscal years 2002, 2003, 2004, 2005, and 2006, if	45816
the revenue arising from the tax levied by section 5727.81 of the	45817
Revised Code is less than five hundred fifty-two million dollars,	45818
the amount credited to the general revenue fund under division	45819
(B)(1) of this section shall be reduced by the amount necessary to	45820
credit to each of the funds in divisions (B)(2), and (3)~~, (4), and~~	45821
~~(5)~~ of this section the amount it would have received if the tax	45822
did raise five hundred fifty-two million dollars for that fiscal	45823
year. The tax commissioner shall certify to the director of	45824
budget and management the amounts that shall be credited under	45825
this division.	45826

(7) Beginning in fiscal year 2007, if the revenue arising	45827
from the tax levied by section 5727.81 of the Revised Code is less	45828
than five hundred fifty-two million dollars, the amount credited	45829
to the general revenue fund under division (B)(1) of this section	45830
shall be reduced by the amount necessary to credit to each of the	45831
funds in divisions (B)(2), (3), (4), and (5) of this section the	45832
amount that it would have received if the tax did raise five	45833
hundred fifty-two million dollars for that fiscal year. The tax	45834
commissioner shall certify to the director of budget and	45835
management the amounts to be credited under division (B)(7) of	45836
this section.	45837

(C) ~~All~~ The natural gas tax receipts fund is hereby created	45838
in the state treasury and shall consist of money arising from the	45839
tax imposed by section 5727.811 of the Revised Code. All money in	45840
the fund shall be credited as follows:	45841

(1) Seventy per cent~~, less an amount equal to thirty per~~	45842
~~cent of the total state education aid offset,~~ shall be credited to	45843
the school district property tax replacement fund for the purpose	45844
of making the payments described in section 5727.85 of the Revised	45845
Code.	45846

(2) Thirty per cent shall be credited to the local	45847
government property tax replacement fund for the purpose of making	45848
the payments described in section 5727.86 of the Revised Code.	45849

(3) ~~An amount equal to thirty per cent of the total state~~	45850
~~education aid offset shall be credited to the general revenue~~	45851
~~fund.~~	45852

~~(4)~~ Beginning in ~~the~~ fiscal year ~~in which payments are~~	45853
~~required to be made under sections 5727.85 and 5727.86 of the~~	45854
~~Revised Code~~ 2007, if the revenue arising from the tax levied by	45855
section 5727.811 of the Revised Code is less than ninety million	45856
dollars, ~~the~~ an amount ~~credited to~~ equal to the difference between	45857
the amount collected and ninety million dollars shall be	45858
transferred from the general revenue fund ~~under division (C)(3) of~~	45859
~~this section shall be reduced by the amount necessary to credit~~ to	45860
each of the funds in divisions (C)(1) and (2) of this section ~~the~~	45861
~~amount that it would have received if the tax did raise ninety~~	45862
~~million dollars for that fiscal year~~ in the same percentages as if	45863
that amount had been collected as taxes under section 5727.811 of	45864
the Revised Code. The tax commissioner shall certify to the	45865
director of budget and management the amounts that shall be	45866
~~credited~~ transferred under this division.	45867

(D) Not later than January 1, 2002, the tax commissioner	45868
shall determine for each taxing district its electric company tax	45869
value loss, which is the sum of the amounts described in divisions	45870
(D)(1) and (2) of this section:	45871

(1) The difference obtained by subtracting the amount	45872
described in division (D)(1)(b) from the amount described in	45873
division (D)(1)(a) of this section.	45874

(a) The value of electric company and rural electric company	45875
tangible personal property as assessed by the tax commissioner for	45876
tax year 1998 on a preliminary assessment, or an amended	45877
preliminary assessment if issued prior to March 1, 1999, and as	45878
apportioned to the taxing district for tax year 1998;	45879

(b) The value of electric company and rural electric company	45880
tangible personal property as assessed by the tax commissioner for	45881
tax year 1998 had the property been apportioned to the taxing	45882
district for tax year 2001, and assessed at the rates in effect	45883
for tax year 2001.	45884

(2) The difference obtained by subtracting the amount	45885
described in division (D)(2)(b) from the amount described in	45886
division (D)(2)(a) of this section.	45887

(a) The three-year average for tax years 1996, 1997, and	45888
1998 of the assessed value from nuclear fuel materials and	45889
assemblies assessed against a person under Chapter 5711. of the	45890
Revised Code from the leasing of them to an electric company for	45891
those respective tax years, as reflected in the preliminary	45892
assessments;	45893

(b) The three-year average assessed value from nuclear fuel	45894
materials and assemblies assessed under division (D)(2)(a) of this	45895
section for tax years 1996, 1997, and 1998, as reflected in the	45896
preliminary assessments, using an assessment rate of twenty-five	45897
per cent.	45898

(E) Not later than January 1, 2002, the tax commissioner	45899
shall determine for each taxing district its natural gas company	45900
tax value loss, which is the sum of the amounts described in	45901
divisions (E)(1) and (2) of this section:	45902

(1) The difference obtained by subtracting the amount	45903
described in division (E)(1)(b) from the amount described in	45904
division (E)(1)(a) of this section.	45905

(a) The value of all natural gas company tangible personal	45906
property, other than property described in division (E)(2) of this	45907
section, as assessed by the tax commissioner for tax year 1999 on	45908
a preliminary assessment, or an amended preliminary assessment if	45909
issued prior to March 1, 2000, and apportioned to the taxing	45910
district for tax year 1999;	45911

(b) The value of all natural gas company tangible personal	45912
property, other than property described in division (E)(2) of this	45913
section, as assessed by the tax commissioner for tax year 1999 had	45914
the property been apportioned to the taxing district for tax year	45915
2001, and assessed at the rates in effect for tax year 2001.	45916

(2) The difference in the value of current gas obtained by	45917
subtracting the amount described in division (E)(2)(b) from the	45918
amount described in division (E)(2)(a) of this section.	45919

(a) The three-year average assessed value of current gas as	45920
assessed by the tax commissioner for tax years 1997, 1998, and	45921
1999 on a preliminary assessment, or an amended preliminary	45922
assessment if issued prior to March 1, 2001, and as apportioned in	45923
the taxing district for those respective years;	45924

(b) The three-year average assessed value from current gas	45925
under division (E)(2)(a) of this section for tax years 1997, 1998,	45926
and 1999, as reflected in the preliminary assessment, using an	45927
assessment rate of twenty-five per cent.	45928

(F) The tax commissioner may request that natural gas	45929
companies, electric companies, and rural electric companies file a	45930
report to help determine the tax value loss under divisions (D)	45931
and (E) of this section. The report shall be filed within thirty	45932
days of the commissioner's request. A company that fails to file	45933
the report or does not timely file the report is subject to the	45934
penalty in section 5727.60 of the Revised Code.	45935

(G) Not later than January 1, 2002, the tax commissioner	45936
shall determine for each school district, joint vocational school	45937
district, and local taxing unit its fixed-rate levy loss, which is	45938
the sum of its electric company tax value loss multiplied by the	45939
tax rate in effect in tax year 1998 for fixed-rate levies and its	45940
natural gas company tax value loss multiplied by the tax rate in	45941
effect in tax year 1999 for fixed-rate levies.	45942

(H) Not later than January 1, 2002, the tax commissioner	45943
shall determine for each school district, joint vocational school	45944
district, and local taxing unit its fixed-sum levy loss, which is	45945
the amount obtained by subtracting the amount described in	45946
division (H)(2) of this section from the amount described in	45947
division (H)(1) of this section:	45948

(1) The sum of the electric company tax value loss	45949
multiplied by the tax rate in effect in tax year 1998, and the	45950
natural gas company tax value loss multiplied by the tax rate in	45951
effect in tax year 1999, for fixed-sum levies for all taxing	45952
districts within each school district, joint vocational school	45953
district, and local taxing unit. For the years 2002 through 2006,	45954
this computation shall include school district emergency levies	45955
that existed in 1998 in the case of the electric company tax value	45956
loss, and 1999 in the case of the natural gas company tax value	45957
loss, and all other fixed-sum levies that existed in 1998 in the	45958
case of the electric company tax value loss and 1999 in the case	45959
of the natural gas company tax value loss and continue to be	45960
charged in the tax year preceding the distribution year. For the	45961
years 2007 through 2016 in the case of school district emergency	45962
levies, and for all years after 2006 in the case of all other	45963
fixed-sum levies, this computation shall exclude all fixed-sum	45964
levies that existed in 1998 in the case of the electric company	45965
tax value loss and 1999 in the case of the natural gas company tax	45966
value loss, but are no longer in effect in the tax year preceding	45967
the distribution year. For the purposes of this section, an	45968
emergency levy that existed in 1998 in the case of the electric	45969
company tax value loss, and 1999 in the case of the natural gas	45970
company tax value loss, continues to exist in a year beginning on	45971
or after January 1, 2007, but before January 1, 2017, if, in that	45972
year, the board of education levies a school district emergency	45973
levy for an annual sum at least equal to the annual sum levied by	45974
the board in tax year 1998 or 1999, respectively, less the amount	45975
of the payment certified under this division for 2002.	45976

(2) The total taxable value in tax year ~~1998 in the case of~~	45977
~~the electric company tax value loss and 1999 in the case of the~~	45978
~~natural gas company~~ 1999 less the tax value loss in each school	45979
district, joint vocational school district, and local taxing unit	45980
multiplied by one-fourth of one mill.	45981

If the amount computed under division (H) of this section	45982
for any school district, joint vocational school district, or	45983
local taxing unit is greater than zero, that amount shall equal	45984
the fixed-sum levy loss reimbursed pursuant to division (E) of	45985
section 5727.85 of the Revised Code or division (A)(2) of section	45986
5727.86 of the Revised Code, and the one-fourth of one mill that	45987
is subtracted under division (H)(2) of this section shall be	45988
apportioned among all contributing fixed-sum levies in the	45989
proportion of each levy to the sum of all fixed-sum levies within	45990
each school district, joint vocational school district, or local	45991
taxing unit.	45992

(I) Notwithstanding divisions (D), (E), (G), and (H) of	45993
this section, in computing the tax value loss, fixed-rate levy	45994
loss, and fixed-sum levy loss, the tax commissioner shall use the	45995
greater of the 1998 tax rate or the 1999 tax rate in the case of	45996
levy losses associated with the electric company tax value loss,	45997
but the 1999 tax rate shall not include for this purpose any tax	45998
levy approved by the voters after June 30, 1999, and the tax	45999
commissioner shall use the greater of the 1999 or the 2000 tax	46000
rate in the case of levy losses associated with the natural gas	46001
company tax value loss~~, but the 2000 tax rate shall not include~~	46002
~~for this purpose any tax levy approved by the voters after~~	46003
~~November 7, 2000~~.	46004

(J) Not later than January 1, 2002, the tax commissioner	46005
shall certify to the department of education the tax value loss	46006
determined under divisions (D) and (E) of this section for each	46007
taxing district, the fixed-rate levy loss calculated under	46008
division (G) of this section, and the fixed-sum levy loss	46009
calculated under division (H) of this section. The calculations	46010
under divisions (G) and (H) of this section shall separately	46011
display the levy loss for each levy eligible for reimbursement.(K)	46012
Not later than September 1, 2001, the tax commissioner shall	46013
certify the amount of the fixed-sum levy loss to the county	46014
auditor of each county in which a school district with a fixed-sum	46015
levy loss has territory.	46016

Sec. 5727.85. (A) By the thirty-first day of July of each	46017
year, beginning in 2002 and ending in 2016, the department of	46018
education shall determine the following for each school district	46019
and each joint vocational school district eligible for payment	46020
under division (C) or (D) of this section:	46021

(1) The state education aid offset, which is the difference	46022
obtained by subtracting the amount described in division (A)(1)(b)	46023
of this section from the amount described in division (A)(1)(a) of	46024
this section:	46025

(a) The state education aid computed for the school district	46026
or joint vocational school district for the current fiscal year on	46027
~~the basis of the adjusted total taxable value~~ as of the	46028
thirty-first day of July;	46029

(b) The state education aid that would be computed for the	46030
school district or joint vocational school district for the	46031
current fiscal year as of the thirty-first day of July if the	46032
~~district's adjusted total taxable value~~ recognized valuation	46033
included the tax value loss for ~~all taxing districts in~~ the school	46034
district or joint vocational school district.	46035

(2) The greater of zero or difference obtained by	46036
subtracting the state education aid offset determined under	46037
division (A)(1) of this section from the fixed-rate levy loss	46038
~~determined~~ certified under division ~~(G)~~(J) of section 5727.84 of	46039
the Revised Code for all taxing districts in each school district	46040
and joint vocational school district. ~~The~~	46041

By the fifth day of August of each such year, the department	46042
of education shall certify the amount so determined under division	46043
(A)(1) of this section to the director of budget and management.	46044

(B) Not later than the thirty-first day of October of the	46045
years 2006 through 2016, the department of education shall	46046
determine all of the following for each school district:	46047

(1) The amount obtained by subtracting the district's state	46048
education aid computed for fiscal year 2002 from the district's	46049
state education aid computed for the current fiscal year;	46050

(2) The inflation-adjusted property tax loss. The	46051
inflation-adjusted property tax loss equals the fixed-rate levy	46052
loss, excluding the tax loss from levies within the ten-mill	46053
limitation to pay debt charges, determined under division (G) of	46054
section 5727.84 of the Revised Code for all taxing districts in	46055
each school district plus the product obtained by multiplying that	46056
loss by the cumulative percentage increase in the consumer price	46057
index from January 1, 2002, to the thirtieth day of June of the	46058
current year.	46059

(3) The difference obtained by subtracting the amount	46060
computed under division (B)(1) from the amount of the	46061
inflation-adjusted property tax loss. If this difference is zero	46062
or a negative number, no further payments shall be made under	46063
division (C) of this section to the school district from the	46064
school district property tax replacement fund. ~~If the difference~~	46065
~~is greater than zero, the department of education shall certify~~	46066
~~the amount calculated in division (A)(2) of this section to the~~	46067
~~director of budget and management not later than the thirty-first~~	46068
~~day of December of each year, beginning in 2006 and ending in~~	46069
~~2016.~~	46070

(C) ~~For all taxing districts in each school district, the~~	46071
~~director of budget and management~~ The department of education	46072
shall pay from the school district property tax replacement fund	46073
to ~~the county undivided income tax fund in the proper county~~	46074
~~treasury~~ each school district all of the following:	46075

(1) In February 2002, one-half of the fixed-rate levy loss	46076
certified under division ~~(G)~~(J) of section 5727.84 of the Revised	46077
Code ~~on or before the day prescribed for the settlement under~~	46078
~~division (A) of section 321.24 of the Revised Code~~ between the	46079
twenty-first and twenty-eighth days of February.	46080

(2) From August 2002 through August 2006, one-half of the	46081
amount ~~certified~~ calculated for that fiscal year under division	46082
(A)(2) of this section ~~on or before each of the days prescribed~~	46083
~~for the settlements under divisions (A) and (C) of section 321.24~~	46084
~~of the Revised Code~~ between the twenty-first and twenty-eighth	46085
days of August and of February.	46086

(3) From February 2007 through August 2016, one-half of the	46087
amount ~~certified~~ calculated for that calendar year under division	46088
(B)(3) of this section ~~on or before each of the days prescribed~~	46089
~~for the settlements under divisions (A) and (C) of section 321.24~~	46090
~~of the Revised Code.~~	46091

~~The county treasurer shall distribute amounts paid under~~	46092
~~divisions (C)(1), (2), and (3) of this section to the proper~~	46093
~~school district as if they had been levied and collected as taxes,~~	46094
~~and the school district shall apportion the amounts so received~~	46095
~~among its funds in the same proportions as if those amounts had~~	46096
~~been levied and collected as taxes~~ between the twenty-first and	46097
twenty-eighth days of August and of February.	46098

(4) For taxes levied within the ten-mill limitation for debt	46099
purposes in tax year 1998 in the case of electric company tax	46100
value losses, and in tax year 1999 in the case of natural gas	46101
company tax value losses, payments shall be made equal to one	46102
hundred per cent of the loss computed as if the tax were a	46103
fixed-rate levy, but those payments shall extend from fiscal year	46104
2006 through fiscal year 2016.	46105

The department of education shall report to each school	46106
district the apportionment of the payments among the school	46107
district's funds based on the certifications under division (J) of	46108
section 5727.84 of the Revised Code.	46109

(D) Not later than January 1, 2002, for all taxing districts	46110
in each joint vocational school district, the tax commissioner	46111
shall certify to the ~~director of budget and management~~ department	46112
of education the fixed-rate levy loss determined under division	46113
(G) of section 5727.84 of the Revised Code. From February 2002 to	46114
August 2016, the ~~director~~ department shall pay from the school	46115
district property tax replacement fund to the ~~county undivided~~	46116
~~income tax fund in the proper county treasury,~~ joint vocational	46117
school district one-half of the ~~fixed-rate levy loss so certified~~	46118
~~for each year on or before each of the days prescribed for the~~	46119
~~settlements under divisions (A) and (C) of section 321.24 of the~~	46120
~~Revised Code. The county treasurer shall distribute such amounts~~	46121
~~to the proper joint vocational school district as if they had been~~	46122
~~levied and collected as taxes, and the joint vocational school~~	46123
~~district shall apportion the amounts so received among its funds~~	46124
~~in the same proportions as if those amounts had been levied and~~	46125
~~collected as taxes~~ amount calculated for that fiscal year under	46126
division (A)(2) of this section between the twenty-first and	46127
twenty-eighth days of August and of February.	46128

(E)(1) Not later than January 1, 2002, for each fixed-sum	46129
levy levied by each school district or joint vocational school	46130
district and for each year for which a determination is made	46131
under division (H) of section 5727.84 of the Revised Code that a	46132
fixed-sum levy loss is to be reimbursed, the tax commissioner	46133
shall certify to the ~~director of budget and management~~ department	46134
of education the fixed-sum levy loss determined under that	46135
division. The certification shall cover a time period sufficient	46136
to include all fixed-sum levies for which the tax commissioner	46137
made such a determination. The ~~director~~ department shall pay from	46138
the school district property tax replacement fund to the ~~county~~	46139
~~undivided income tax fund in the proper county treasury~~ school	46140
district or joint vocational school district one-half of the	46141
fixed-sum levy loss so certified for each year ~~on or before each~~	46142
~~of the days prescribed for the settlements under divisions (A) and~~	46143
~~(C) of section 321.24 of the Revised Code. The county treasurer~~	46144
~~shall distribute the amounts to the proper school district or~~	46145
~~joint vocational school district as if they had been levied and~~	46146
~~collected as taxes, and the district shall apportion the amounts~~	46147
~~so received among its funds in the same proportions as if those~~	46148
~~amounts had been levied and collected as taxes~~ between the	46149
twenty-first and twenty-eighth days of August and of February.	46150

(2) Beginning in 2003, by the thirty-first day of January of	46151
each year, the tax commissioner shall review the certification	46152
originally made under division (E)(1) of this section. If the	46153
commissioner determines that a ~~fixed-sum~~ debt levy that had been	46154
scheduled to be reimbursed in the current year has expired, a	46155
revised certification for that and all subsequent years shall be	46156
made to the ~~director of budget and management~~ department of	46157
education.	46158

(F) Beginning in August 2002, and ending in February 2017,	46159
the director of budget and management shall transfer from the	46160
school district property tax replacement fund to the general	46161
revenue fund each of the following:	46162

(1) Between the twenty-eighth day of August and the fifth	46163
day of September, the lesser of one-half of the amount certified	46164
for that fiscal year under division (A)(3) of this section or the	46165
balance in the school district property tax replacement fund;	46166

(2) Between the first and fifth days of March, the lesser of	46167
one-half of the amount certified for that fiscal year under	46168
division (A)(3) of this section or the balance in the school	46169
district property tax replacement fund.	46170

(G) By August 5, 2002, the tax commissioner shall estimate	46171
the amount of money in the school district property tax	46172
replacement fund in excess of the amount necessary to make	46173
payments ~~in that month~~ under divisions (C), (D), ~~and~~ (E), and (F)	46174
of this section. Notwithstanding division (C) of this section,	46175
the department of education, in consultation with the tax	46176
commissioner and from those excess funds, may pay any school	46177
district four and one-half times the amount certified under	46178
division (A)(2) of this section. Payments shall be made in order	46179
from the smallest annual loss to the largest annual loss. A	46180
payment made under this division shall be in lieu of the payment	46181
to be made in August 2002 under division (C)(2) of this section.	46182
No payments shall be made in the manner established in this	46183
division to any school district with annual losses from permanent	46184
improvement fixed-rate levies in excess of twenty thousand	46185
dollars, or annual losses from any other fixed-rate levies in	46186
excess of twenty thousand dollars. A school district receiving a	46187
payment under this division is no longer entitled to any further	46188
payments under division (C) of this section.	46189

~~(G)~~(H) On the thirty-first day of July of 2003, 2004, 2005,	46190
and 2006, and on the thirty-first day of January and July of 2007	46191
and each year thereafter, if the amount credited to the school	46192
district property tax replacement fund exceeds the amount needed	46193
to make payments from the fund under divisions (C), (D), ~~and~~ (E),	46194
and (F) of this section ~~in the following month~~, the ~~director of~~	46195
~~budget and management~~ department of education shall distribute the	46196
excess among school districts and joint vocational school	46197
districts. The amount distributed to each district shall bear the	46198
same proportion to the excess remaining in the fund as the ADM of	46199
the district bears to the ADM of all of the districts. For the	46200
purpose of this division, "ADM" means the formula ADM in the case	46201
of a school district, and the average daily membership reported	46202
under section 3317.03 of the Revised Code in the case of a joint	46203
vocational school district.	46204

If, in the opinion of the ~~director of budget and management~~	46205
department of education, the excess remaining in the school	46206
district property tax replacement fund in any year is not	46207
sufficient to warrant distribution under this division, the excess	46208
shall remain to the credit of the fund.	46209

Amounts received by a school district or joint vocational	46210
school district under this division shall be used exclusively for	46211
capital improvements.	46212

~~(H) If~~ (I) From fiscal year 2002 through fiscal year 2016,	46213
if the total amount in the school district property tax	46214
replacement fund is insufficient to make all payments under	46215
divisions (C), (D), and (E) of this section~~, the payments required~~	46216
~~under division (E) of this section shall be made first in their~~	46217
~~entirety. After all payments are made under division (E) of this~~	46218
~~section, payments under divisions (C) and (D) of this section~~	46219
~~shall be made from the balance of money available in the~~	46220
~~proportion of each school district's or joint vocational school~~	46221
~~district's payment amount to the total amount of payments under~~	46222
~~divisions (C) and (D) of this section~~ at the time the payments are	46223
to be made, the director of budget and management shall transfer	46224
from the general revenue fund to the school district property tax	46225
replacement fund the difference between the total amount to be	46226
paid and the total amount in the school district property tax	46227
replacement fund.	46228

~~(I)~~(J) If all or a part of the territory of a school	46229
district or joint vocational school district is merged with or	46230
transferred to another district, the department of education, in	46231
consultation with the tax commissioner shall adjust the payments	46232
made under this section to each of the districts in proportion to	46233
the tax value loss apportioned to the merged or transferred	46234
territory.	46235

(J)(K) There is hereby created the public utility property	46236
tax study committee, effective January 1, 2011. The committee	46237
shall consist of the following seven members: the tax	46238
commissioner, three members of the senate appointed by the	46239
president of the senate, and three members of the house of	46240
representatives appointed by the speaker of the house of	46241
representatives. The appointments shall be made not later than	46242
January 31, 2011. The tax commissioner shall be the chairperson of	46243
the committee.	46244

The committee shall study the extent to which each school	46245
district or joint vocational school district has been compensated,	46246
under sections 5727.84 and 5727.85 of the Revised Code as enacted	46247
by Substitute Senate Bill No. 3 of the 123rd general assembly and	46248
any subsequent acts, for the property tax loss caused by the	46249
reduction in the assessment rates for natural gas, electric, and	46250
rural electric company tangible personal property. Not later than	46251
June 30, 2011, the committee shall issue a report of its findings,	46252
including any recommendations for providing additional	46253
compensation for the property tax loss or regarding remedial	46254
legislation, to the president of the senate and the speaker of the	46255
house of representatives, at which time the committee shall cease	46256
to exist.	46257

The department of taxation and department of education shall	46258
provide such information and assistance as is required for the	46259
committee to carry out its duties.	46260

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	46261
commissioner shall ~~certify to the director of budget and~~	46262
~~management, for all taxing districts in each local taxing unit,~~	46263
~~the fixed-rate levy loss determined under division (G), and the~~	46264
~~fixed-sum levy loss determined under division (H), of section~~	46265
~~5727.84 of the Revised Code. Based on that certification, the~~	46266
~~director shall~~ compute the payments to be made to each local	46267
taxing unit for each year according to divisions (A)(1), (2), ~~and~~	46268
(3), and (4) and division (E) of this section, and shall	46269
distribute the payments in the manner prescribed by division (C)	46270
of this section. The ~~certification~~ calculation of the fixed-sum	46271
levy loss shall cover a time period sufficient to include all	46272
fixed-sum levies for which the tax commissioner determined,	46273
pursuant to division (H) of section 5727.84 of the Revised Code,	46274
that a fixed-sum levy loss is to be reimbursed.	46275

(1) Except as provided in ~~division~~ divisions (A)(3) and (4)	46276
of this section, for fixed-rate levy losses determined under	46277
division (G) of section 5727.84 of the Revised Code, payments	46278
shall be made in each of the following years at the following	46279
percentage of the fixed-rate levy loss certified under division	46280
(A) of this section:	46281

YEAR	PERCENTAGE	46282
2002	100%	46283
2003	100%	46284
2004	100%	46285
2005	100%	46286
2006	100%	46287
2007	80%	46288
2008	80%	46289
2009	80%	46290
2010	80%	46291
2011	80%	46292
2012	66.7%	46293
2013	53.4%	46294
2014	40.1%	46295
2015	26.8%	46296
2016	13.5%	46297
2017 and thereafter	0%	46298

(2) For fixed-sum levy losses determined under division (H)	46299
of section 5727.84 of the Revised Code, payments shall be made in	46300
the amount of one hundred per cent of the fixed-sum levy loss	46301
~~certified under division (A) of this section~~ for payments required	46302
to be made in 2002 and thereafter.	46303

(3) A local taxing unit in a county of less than two hundred	46304
fifty square miles that receives eighty per cent or more of its	46305
combined general fund and bond retirement fund revenues from	46306
property taxes and rollbacks based on 1997 actual revenues as	46307
presented in its 1999 tax budget, and in which electric companies	46308
and rural electric companies comprise over twenty per cent of its	46309
property valuation, shall receive one hundred per cent of its	46310
fixed-rate levy losses from electric company tax value losses	46311
certified under division (A) of this section in years 2002 to	46312
2016.	46313

(4) For taxes levied within the ten-mill limitation for debt	46314
purposes in tax year 1998 in the case of electric company tax	46315
value losses, and in tax year 1999 in the case of natural gas	46316
company tax value losses, payments shall be made equal to one	46317
hundred per cent of the loss computed as if the tax were a	46318
fixed-rate levy, but those payments shall extend from fiscal year	46319
2006 through fiscal year 2016.	46320

(B) Beginning in 2003, by the thirty-first day of January of	46321
each year, the tax commissioner shall review the ~~certification~~	46322
calculation originally made under division (A) of this section of	46323
the fixed-sum levy loss determined under division (H) of section	46324
5727.84 of the Revised Code. If the commissioner determines that	46325
a fixed-sum levy that had been scheduled to be reimbursed in the	46326
current year has expired, a revised ~~certification~~ calculation for	46327
that and all subsequent years shall be made.	46328

(C) Payments to local taxing units required to be made under	46329
divisions (A) and (E) of this section shall be paid from the local	46330
government property tax replacement fund to the county undivided	46331
income tax fund in the proper county treasury. One-half of the	46332
amount certified under those divisions shall be paid ~~on or before~~	46333
~~each of the days prescribed for the settlements under divisions~~	46334
~~(A) and (C) of section 321.24 of the Revised Code~~ between the	46335
twenty-first and twenty-eighth days of August and of February. The	46336
county treasurer shall distribute amounts paid under division (A)	46337
of this section to the proper local taxing unit as if they had	46338
been levied and collected as taxes, and the local taxing unit	46339
shall apportion the amounts so received among its funds in the	46340
same proportions as if those amounts had been levied and collected	46341
as taxes. Amounts distributed under division (E) of this section	46342
shall be credited to the general fund of the local taxing unit	46343
that receives them.	46344

(D) By February 5, 2002, the tax commissioner shall estimate	46345
the amount of money in the local government property tax	46346
replacement fund in excess of the amount necessary to make	46347
payments in that month under division (C) of this section.	46348
Notwithstanding division (A) of this section, the tax commissioner	46349
may pay any local taxing unit, from those excess funds, nine and	46350
four-tenths times the amount computed for 2002 under division	46351
(A)(1) of this section. A payment made under this division shall	46352
be in lieu of the payment to be made in February 2002 under	46353
division (A)(1) of this section. A local taxing unit receiving a	46354
payment under this division will no longer be entitled to any	46355
further payments under division (A)(1) of this section. A payment	46356
made under this division shall be paid from the local government	46357
property tax replacement fund to the county undivided income tax	46358
fund in the proper county treasury. The county treasurer shall	46359
distribute the payment to the proper local taxing unit as if it	46360
had been levied and collected as taxes, and the local taxing unit	46361
shall apportion the amounts so received among its funds in the	46362
same proportions as if those amounts had been levied and collected	46363
as taxes.	46364

(E) On the thirty-first day of July of 2002, 2003, 2004,	46365
2005, and 2006, and on the thirty-first day of January and July of	46366
2007 and each year thereafter, if the amount credited to the local	46367
government property tax replacement fund exceeds the amount needed	46368
to be distributed from the fund under division (A) of this section	46369
in the following month, the ~~director of budget and management~~ tax	46370
commissioner shall distribute the excess to each county as	46371
follows:	46372

(1) One-half shall be distributed to each county in	46373
proportion to each county's population.	46374

(2) One-half shall be distributed to each county in the	46375
proportion that the amounts determined under divisions (G) and (H)	46376
of section 5727.84 of the Revised Code for all local taxing units	46377
in the county is of the total amounts so determined for all local	46378
taxing units in the state.	46379

The amounts distributed to each county under this division	46380
shall be distributed by the county ~~budget commission~~ treasurer to	46381
each local taxing unit in the county in the proportion that the	46382
unit's current taxes charged and payable are of the total current	46383
taxes charged and payable of all the local taxing units in the	46384
county. As used in this division, "current taxes charged and	46385
payable" means the taxes charged and payable as most recently	46386
determined for local taxing units in the county.	46387

If, in the opinion of the ~~director of budget and management~~	46388
tax commissioner, the excess remaining in the local government	46389
property tax replacement fund in any year is not sufficient to	46390
warrant distribution under this division, the excess shall remain	46391
to the credit of the fund.	46392

(F) If From fiscal year 2002 through fiscal year 2016, if the	46393
total amount in the local government property tax replacement fund	46394
is insufficient to make all payments under division (C) of this	46395
section~~, the payments required under division (A)(2) of this~~	46396
~~section shall be made first in their entirety. After all such~~	46397
~~payments are made, payments under divisions (A)(1) and (3) of this~~	46398
~~section shall be made from the balance of money available in the~~	46399
~~proportion of each local taxing unit's payment amount to the total~~	46400
~~amount of all payments to be made under divisions (A)(1) and (3)~~	46401
~~of this section~~ at the times the payments are to be made, the	46402
director of budget and management shall transfer from the general	46403
revenue fund to the local government property tax replacement fund	46404
the difference between the total amount to be paid and the amount	46405
in the local government property tax replacement fund.	46406

(G) If all or a part of the territories of two or more local	46407
taxing units are merged, or unincorporated territory of a township	46408
is annexed by a municipal corporation, the tax commissioner shall	46409
adjust the payments made under this section to each of the local	46410
taxing units in proportion to the tax value loss apportioned to	46411
the merged or annexed territory, or as otherwise provided by a	46412
written agreement between the legislative authorities of the local	46413
taxing units certified to the tax commissioner not later than the	46414
first day of June of the calendar year in which the payment is to	46415
be made.	46416

Sec. 5727.87. (A) As used in this section:

46417

(1) "Administrative fees" means the dollar percentages	46418
allowed by the county auditor for services or by the county	46419
treasurer as fees, or paid to the credit of the real estate	46420
assessment fund, under divisions (A) and (B) of section 319.54 and	46421
division (A) of section 321.26 of the Revised Code.	46422

(2) "Administrative fee loss" means a county's loss of	46423
administrative fees due to its tax value loss, determined as	46424
follows:	46425

(a) For purposes of the determination made under division	46426
(B) of this section in the years 2002 through 2006, the	46427
administrative fee loss shall be computed by multiplying the	46428
amounts determined for all taxing districts in the county under	46429
divisions (G) and (H) of section 5727.84 of the Revised Code by	46430
nine thousand six hundred fifty-nine ten-thousandths of a one per	46431
cent, if total taxes collected in the county in ~~tax year 1998~~ 1999	46432
exceeded one hundred fifty million dollars, or one and one	46433
thousand one hundred fifty-nine ten-thousandths of a one per cent,	46434
if total taxes collected in the county in ~~tax year 1998~~ 1999 were	46435
one hundred fifty million dollars or less;	46436

(b) For purposes of the determination under division (B) of	46437
this section in the years 2007 through 2011, the administrative	46438
fee loss shall be determined by subtracting from the dollar amount	46439
of administrative fees collected in the county in ~~tax year 1998~~	46440
1999, the dollar amount of administrative fees collected in the	46441
county in the current calendar year.	46442

(3) "Total taxes collected" means all money collected on any	46443
tax duplicate of the county, other than the estate tax duplicates.	46444
"Total taxes collected" does not include amounts received pursuant	46445
to divisions (F) and (G) of section 321.24 or section 323.156 of	46446
the Revised Code.	46447

(B) Not later than the thirty-first day of December of 2001	46448
through 2005, the tax commissioner shall certify to each county	46449
auditor the tax levy losses calculated under divisions (G) and (H)	46450
of section 5727.84 of the Revised Code for each school district,	46451
joint vocational school district, and local taxing unit in the	46452
county. Not later than the ~~first~~ thirty-first day of ~~June~~ January	46453
of 2002 through 2011, the county auditor shall determine the	46454
administrative fee loss for the county ~~and certify it to the~~	46455
~~county budget commission. Notwithstanding divisions (C), (D), and~~	46456
~~(E) of section 5727.85 and division (C) of section 5727.86 of the~~	46457
~~Revised Code, prior to distribution by the county treasurer of the~~	46458
~~payments provided under those divisions, the county budget~~	46459
~~commission shall deduct from those payments the amount of the~~	46460
~~administrative fee loss certified by the county auditor, as~~	46461
~~follows:~~	46462

~~(1) Seventy per cent of the administrative fee loss shall be~~	46463
~~deducted from the payments provided under divisions (C), (D), and~~	46464
~~(E) of section 5727.85 of the Revised Code.~~	46465

~~(2) Thirty per cent of the administrative fee loss shall be~~	46466
~~deducted from the payments provided under division (C) of section~~	46467
~~5727.86 of the Revised Code~~ and apportion that loss ratably among	46468
the school districts, joint vocational school districts, and local	46469
taxing units on the basis of the tax levy losses certified under	46470
this division.	46471

(C) On or before each of the days prescribed for the	46472
settlements under divisions (A) and (C) of section 321.24 of the	46473
Revised Code in the years 2002 through 2011, the county ~~budget~~	46474
~~commission~~ treasurer shall ~~pay~~ deduct one-half of the amount	46475
apportioned to each school district, joint vocational school	46476
district, and local taxing unit from the portions of revenue	46477
payable to them.	46478

(D) On or before each of the days prescribed for	46479
settlements under divisions (A) and (C) of section 321.24 of the	46480
Revised Code in the years 2002 through 2011, the county auditor	46481
shall cause to be deposited an amount equal to one-half of the	46482
amount of the administrative fee loss ~~to the county auditor,~~	46483
~~county treasurer, or real estate assessment fund as if the amount~~	46484
~~had been allowed as administrative fees, and shall deposit the~~	46485
~~amount~~ in the same funds as if allowed as administrative fees.	46486

After payment of the administrative fee loss on or before	46487
August 10, 2011, all payments under this section shall cease.	46488

Sec. 5728.08. Except as provided in section 5728.03 of the	46489
Revised Code and except as otherwise provided in this section,	46490
whoever is liable for the payment of the tax levied by section	46491
5728.06 of the Revised Code, on or before the last day of each	46492
January, April, July, and October, shall file with the ~~treasurer~~	46493
~~of state~~ tax commissioner, on forms prescribed by the tax	46494
commissioner, a highway use tax return and make payment of the	46495
full amount of the tax due for the operation of each commercial	46496
car and commercial tractor for the next preceding three calendar	46497
months. If the commercial cars or commercial tractors are farm	46498
trucks and the amount of motor fuel used to operate the trucks	46499
during the next preceding twelve calendar months was less than	46500
fifteen thousand gallons, the highway use tax return shall be	46501
filed and the full amount of tax due paid on or before the last	46502
day of each July for the next preceding twelve calendar months. If	46503
the commercial cars or commercial tractors are farm trucks and the	46504
amount of motor fuel used to operate the trucks during the next	46505
preceding twelve calendar months was fifteen thousand gallons or	46506
more, the highway use tax return shall be filed and the full	46507
amount of the tax due paid either on or before the last day of	46508
each July for the next preceding twelve calendar months, or on or	46509
before the last day of each January, April, July, and October for	46510
the next preceding three calendar months, at the option of the	46511
person liable for payment of the tax. If the commercial cars or	46512
commercial tractors are not farm trucks, and if, in the estimation	46513
of the tax commissioner, the amount of the tax due does not	46514
warrant quarterly filing, the commissioner may authorize the	46515
filing of the highway use tax return and payment of the full	46516
amount due on or before the last day of each July for the next	46517
preceding twelve months.	46518

~~Immediately upon the receipt of a highway use tax return, the~~	46519
~~treasurer of state shall mark on the return the date it was~~	46520
~~received by the treasurer of state and the amount of tax payment~~	46521
~~accompanying the return and shall transmit the return to the~~ The	46522
tax commissioner shall immediately forward to the treasurer of	46523
state all money received from the tax levied by section 5728.06 of	46524
the Revised Code.	46525

The treasurer of state shall place to the credit of the tax	46526
refund fund created by section 5703.052 of the Revised Code, out	46527
of receipts from the taxes levied by section 5728.06 of the	46528
Revised Code, amounts equal to the refund certified by the tax	46529
commissioner pursuant to section 5728.061 of the Revised Code.	46530
Receipts from the tax shall be used by the tax commissioner to	46531
defray expenses incurred by the department of taxation in	46532
administering sections 5728.01 to 5728.14 of the Revised Code.	46533

All moneys received in the state treasury from taxes levied	46534
by section 5728.06 of the Revised Code and fees assessed under	46535
sections 5728.02 and 5728.03 of the Revised Code which are not	46536
required to be placed to the credit of the tax refund fund as	46537
provided by this section shall, during each calendar year, be	46538
credited to the highway improvement bond retirement fund created	46539
by section 5528.12 of the Revised Code until the commissioners of	46540
the sinking fund certify to the treasurer of state, as required by	46541
section 5528.17 of the Revised Code, that there are sufficient	46542
moneys to the credit of the highway improvement bond retirement	46543
fund to meet in full all payments of interest, principal, and	46544
charges for the retirement of bonds and other obligations issued	46545
pursuant to Section 2g of Article VIII, Ohio Constitution, and	46546
sections 5528.10 and 5528.11 of the Revised Code due and payable	46547
during the current calendar year and during the next succeeding	46548
calendar year. From the date of the receipt of the certification	46549
required by section 5528.17 of the Revised Code by the treasurer	46550
of state until the thirty-first day of December of the calendar	46551
year in which the certification is made, all moneys received in	46552
the state treasury from taxes levied under section 5728.06 of the	46553
Revised Code and fees assessed under sections 5728.02 and 5728.03	46554
of the Revised Code which are not required to be placed to the	46555
credit of the tax refund fund as provided by this section shall be	46556
credited to the highway obligations bond retirement fund created	46557
by section 5528.32 of the Revised Code until the commissioners of	46558
the sinking fund certify to the treasurer of state, as required by	46559
section 5528.38 of the Revised Code, that there are sufficient	46560
moneys to the credit of the highway obligations bond retirement	46561
fund to meet in full all payments of interest, principal, and	46562
charges for the retirement of bonds and other obligations issued	46563
pursuant to Section 2i of Article VIII, Ohio Constitution, and	46564
sections 5528.30 and 5528.31 of the Revised Code due and payable	46565
during the current calendar year and during the next succeeding	46566
calendar year. From the date of the receipt of the certification	46567
required by section 5528.38 of the Revised Code by the treasurer	46568
of state until the thirty-first day of December of the calendar	46569
year in which the certification is made, all moneys received in	46570
the state treasury from taxes levied under section 5728.06 of the	46571
Revised Code and fees assessed under sections 5728.02 and 5728.03	46572
of the Revised Code which are not required to be placed to the	46573
credit of the tax refund fund as provided by this section shall be	46574
credited to the highway operating fund created by section 5735.291	46575
of the Revised Code, except as provided by the next succeeding	46576
paragraph of this section.	46577

From the date of the receipt by the treasurer of state of	46578
certifications from the commissioners of the sinking fund, as	46579
required by sections 5528.18 and 5528.39 of the Revised Code,	46580
certifying that the moneys to the credit of the highway	46581
improvement bond retirement fund are sufficient to meet in full	46582
all payments of interest, principal, and charges for the	46583
retirement of all bonds and other obligations which may be issued	46584
pursuant to Section 2g of Article VIII, Ohio Constitution, and	46585
sections 5528.10 and 5528.11 of the Revised Code, and to the	46586
credit of the highway obligations bond retirement fund are	46587
sufficient to meet in full all payments of interest, principal,	46588
and charges for the retirement of all obligations issued pursuant	46589
to Section 2i of Article VIII, Ohio Constitution, and sections	46590
5528.30 and 5528.31 of the Revised Code, all moneys received in	46591
the state treasury from the taxes levied under section 5728.06 and	46592
fees assessed under sections 5728.02 and 5728.03 of the Revised	46593
Code, which are not required to be placed to the credit of the tax	46594
refund fund as provided by this section, shall be deposited to the	46595
credit of the highway operating fund.	46596

As used in this section, "farm truck" means any commercial	46597
car or commercial tractor that is registered as a farm truck under	46598
Chapter 4503. of the Revised Code.	46599

Sec. 5729.07. As used in this section:

46600

(A) "Eligible employee" and "eligible training costs" have	46601
the same meanings as in section 5733.42 of the Revised Code.	46602

(B) "Credit period" means the calendar year ending on the	46603
thirty-first day of December next preceding the day the annual	46604
statement is required to be returned under section 5729.02 of the	46605
Revised Code.	46606

There is hereby allowed a nonrefundable credit against the	46607
tax imposed under this chapter for a foreign insurance company for	46608
which a tax credit certificate is issued under section 5733.42 of	46609
the Revised Code. The credit may be claimed for credit periods	46610
beginning on or after January 1, ~~2001~~ 2003, and ending on or	46611
before December 31, ~~2003~~ 2005. The amount of the credit for the	46612
credit period beginning on January 1, 2003, shall equal one-half	46613
of the average of the eligible training costs paid or incurred by	46614
the company during ~~the three~~ calendar years ~~immediately preceding~~	46615
~~the credit period for which the credit is claimed~~ 1998, 1999, and	46616
2000, not to exceed one thousand dollars for each eligible	46617
employee on account of whom eligible training costs were paid or	46618
incurred by the company. The amount of the credit for the credit	46619
period beginning on January 1, 2004, shall equal one-half of the	46620
average of the eligible training costs paid or incurred by the	46621
company during calendar years 2002, 2003, and 2004, not to exceed	46622
one thousand dollars for each eligible employee on account of whom	46623
eligible training costs were paid or incurred by the company. The	46624
amount of the credit for the credit period beginning on January 1,	46625
2005, shall equal one-half of the average of the eligible training	46626
costs paid or incurred by the company during calendar years 2003,	46627
2004, and 2005, not to exceed one thousand dollars for each	46628
eligible employee on account of whom eligible training costs were	46629
paid or incurred by the company. The credit claimed by a company	46630
for each credit period shall not exceed one hundred thousand	46631
dollars.	46632

A foreign insurance company shall apply to the director of	46633
job and family services for a tax credit certificate in the manner	46634
prescribed by division (C) of section 5733.42 of the Revised Code.	46635
Divisions (C) to (H) of that section govern the tax credit allowed	46636
by this section, except that "credit period" shall be substituted	46637
for "tax year with respect to a calendar year" wherever that	46638
phrase appears in those divisions and that the company shall be	46639
considered a taxpayer for the purposes of those divisions.	46640

A foreign insurance company may carry forward the credit	46641
allowed under this section to the extent that the credit exceeds	46642
the company's tax due for the credit period. The company may	46643
carry the excess credit forward for three credit periods following	46644
the credit period for which the credit is first claimed under this	46645
section. The credit allowed by this section is in addition to any	46646
credit allowed under section 5729.031 of the Revised Code.	46647

The reduction in the tax due under this chapter to the extent	46648
of the credit allowed by this section does not increase the amount	46649
of the tax otherwise due under section 5729.06 of the Revised	46650
Code.	46651

Sec. 5731.21. (A)(1)(a) Except as provided under division	46652
(A)(3) of this section, the executor or administrator, or, if no	46653
executor or administrator has been appointed, another person in	46654
possession of property the transfer of which is subject to estate	46655
taxes under section 5731.02 or division (A) of section 5731.19 of	46656
the Revised Code, shall file an estate tax return, within nine	46657
months of the date of the decedent's death, in the form prescribed	46658
by the tax commissioner, in duplicate, with the probate court of	46659
the county. The return shall include all property the transfer of	46660
which is subject to estate taxes, whether that property is	46661
transferred under the last will and testament of the decedent or	46662
otherwise. The time for filing the return may be extended by the	46663
tax commissioner.	46664

(b) The estate tax return described in division (A)(1)(a) of	46665
this section shall be accompanied by a certificate, in the form	46666
prescribed by the tax commissioner, that is signed by the	46667
executor, administrator, or other person required to file the	46668
return, and that states all of the following:	46669

(i) The fact that the return was filed;

46670

(ii) The date of the filing of the return;

46671

(iii) The fact that the estate taxes under section 5731.02	46672
or division (A) of section 5731.19 of the Revised Code, that are	46673
shown to be due in the return, have been paid in full;	46674

(iv) If applicable, the fact that real property listed in	46675
the inventory for the decedent's estate is included in the return;	46676

(v) If applicable, the fact that real property not listed in	46677
the inventory for the decedent's estate, including, but not	46678
limited to, survivorship tenancy property as described in section	46679
5302.17 of the Revised Code or transfer on death property as	46680
described in sections 5302.22 and 5302.23 of the Revised Code,	46681
also is included in the return. In this regard, the certificate	46682
additionally shall describe that real property by the same	46683
description used in the return.	46684

(2) The probate court shall forward one copy of the estate	46685
tax return described in division (A)(1)(a) of this section to the	46686
tax commissioner.	46687

(3) A person may, but shall not be required to, file a	46688
return under division (A) of this section if the decedent was a	46689
resident of this state and the value of the decedent's gross	46690
estate is twenty-five thousand dollars or less in the case of a	46691
decedent dying on or after July 1, 1968, but before January 1,	46692
2001; two hundred thousand dollars or less in the case of a	46693
decedent dying on or after January 1, 2001, but before January 1,	46694
2002; or three hundred thirty-eight thousand three hundred	46695
thirty-three dollars or less in the case of a decedent dying on or	46696
after January 1, 2002. If a probate court issues an order that	46697
grants a summary release from administration in connection with a	46698
decedent's estate under section 2113.031 of the Revised Code, that	46699
order eliminates the duty of all persons to file an estate tax	46700
return and certificate under divisions (A)(1)(a) and (b) of this	46701
section with respect to the estate for which the order was	46702
granted.	46703

(4)(a) Upon receipt of the estate tax return described in	46704
division (A)(1)(a) of this section and the accompanying	46705
certificate described in division (A)(1)(b) of this section, the	46706
probate court promptly shall give notice of the return, by a form	46707
prescribed by the tax commissioner, to the county auditor. The	46708
auditor then shall make a charge based upon the notice and shall	46709
certify a duplicate of the charge to the county treasurer. The	46710
treasurer then shall collect, subject to division (A) of section	46711
5731.25 of the Revised Code or any other statute extending the	46712
time for payment of an estate tax, the tax so charged.	46713

(b) Upon receipt of the return and the accompanying	46714
certificate, the probate court also shall forward the certificate	46715
to the auditor. When satisfied that the estate taxes under	46716
section 5731.02 or division (A) of section 5731.19 of the Revised	46717
Code, that are shown to be due in the return, have been paid in	46718
full, the auditor shall stamp the certificate so forwarded to	46719
verify that payment. The auditor then shall return the stamped	46720
certificate to the probate court.	46721

(5)(a) The certificate described in division (A)(1)(b) of	46722
this section is a public record subject to inspection and copying	46723
in accordance with section 149.43 of the Revised Code. It shall	46724
be kept in the records of the probate court pertaining to the	46725
decedent's estate and is not subject to the confidentiality	46726
provisions of section 5731.90 of the Revised Code.	46727

(b) All persons are entitled to rely on the statements	46728
contained in a certificate as described in division (A)(1)(b) of	46729
this section if it has been filed in accordance with that	46730
division, forwarded to a county auditor and stamped in accordance	46731
with division (A)(4) of this section, and placed in the records of	46732
the probate court pertaining to the decedent's estate in	46733
accordance with division (A)(5)(a) of this section. The real	46734
property referred to in the certificate shall be free of, and may	46735
be regarded by all persons as being free of, any lien for estate	46736
taxes under section 5731.02 and division (A) of section 5731.19 of	46737
the Revised Code.	46738

(B) An estate tax return filed under this section, in the	46739
form prescribed by the tax commissioner, and showing that no	46740
estate tax is due shall result in a determination that no estate	46741
tax is due, if the tax commissioner within three months after the	46742
receipt of the return by the department of taxation, fails to file	46743
exceptions to the return in the probate court of the county in	46744
which the return was filed. A copy of exceptions to a return of	46745
that nature, when the tax commissioner files them within that	46746
period, shall be sent by ordinary mail to the person who filed the	46747
return. The tax commissioner is not bound under this division by	46748
a determination that no estate tax is due, with respect to	46749
property not disclosed in the return.	46750

(C) If the executor, administrator, or other person required	46751
to file an estate tax return fails to file it within nine months	46752
of the date of the decedent's death, the tax commissioner may	46753
determine the estate tax in that estate and issue a certificate of	46754
determination in the same manner as is provided in division (B) of	46755
section 5731.27 of the Revised Code. A certificate of	46756
determination of that nature has the same force and effect as	46757
though a return had been filed and a certificate of determination	46758
issued with respect to the return.	46759

Sec. 5733.02. Annually, between the first day of January and	46760
the thirty-first day of March or on or before the date as extended	46761
under section 5733.13 of the Revised Code, each taxpayer shall	46762
make a report in writing to the ~~treasurer of state~~ tax	46763
commissioner in such form as the tax commissioner prescribes, and	46764
shall remit to the ~~treasurer of state~~ commissioner, with the	46765
remittance made payable to the treasurer of state, the amount of	46766
the tax as shown to be due by such report less the amount paid for	46767
the year on a declaration of estimated tax report filed by the	46768
taxpayer as provided by section 5733.021 of the Revised Code.	46769
Remittance shall be made in the form prescribed by the ~~treasurer~~	46770
~~of state~~ commissioner, including electronic funds transfer if	46771
required by section 5733.022 of the Revised Code. ~~The treasurer~~	46772
~~shall show on the report the date it was filed and the amount of~~	46773
~~the payment remitted to the treasurer. Thereafter, the treasurer~~	46774
~~shall immediately transmit all reports filed under this section to~~	46775
~~the tax commissioner.~~	46776

The commissioner shall furnish corporations, on request,	46777
copies of the forms prescribed by the commissioner for the purpose	46778
of making such report. A domestic corporation shall not dissolve,	46779
and a foreign corporation shall not withdraw or retire from	46780
business in Ohio, on or after the first day of January in any year	46781
without making a franchise tax report to the commissioner and	46782
paying or securing the tax charged for the year in which such	46783
dissolution or withdrawal occurs.	46784

The annual corporation report shall be signed by the	46785
president, vice-president, secretary, treasurer, general manager,	46786
superintendent, or managing agent in this state of such	46787
corporation. If a domestic corporation has not completed its	46788
organization, its annual report shall be signed by one of its	46789
incorporators.	46790

The report shall contain the facts, figures, computations,	46791
and attachments that result in the tax charged by this chapter and	46792
determined in the manner provided within the chapter.	46793

Sec. 5733.021. (A) Each taxpayer which does not in the	46794
month of January file the report and make the payment required by	46795
section 5733.02 of the Revised Code shall make and file a	46796
declaration of estimated tax report for the tax year.	46797

The declaration of estimated tax report shall be filed with	46798
the ~~treasurer of state~~ tax commissioner on or before the last day	46799
of January in such form as prescribed by the tax commissioner, and	46800
shall reflect an estimate of the total amount due under this	46801
chapter for the tax year.	46802

(B) A taxpayer required to file a declaration of estimated	46803
tax report shall make remittance of such estimated tax to the	46804
~~treasurer of state~~ tax commissioner as follows:	46805

(1) The entire estimated tax at the time of filing the	46806
declaration of estimated tax report, if such estimated tax is not	46807
in excess of the minimum tax as provided in section 5733.06 of the	46808
Revised Code;	46809

(2) If the estimated tax is in excess of the minimum tax:

46810

(a) One-third of the estimated tax at the time of filing the	46811
declaration of estimated tax report;	46812

(b) Two-thirds of the estimated tax on or before the last	46813
day of March of the tax year, unless the report and payment	46814
required by section 5733.02 of the Revised Code is are filed and	46815
paid on or before the last day of March of the tax year;.	46816

(3) If the estimated tax due is in excess of the minimum	46817
tax, and an extension of time for filing the report required by	46818
section 5733.02 of the Revised Code has been granted pursuant to	46819
section 5733.13 of the Revised Code;:	46820

(a) One-third of the estimated tax at the time of filing the	46821
declaration of estimated tax report;	46822

(b) One-third of the estimated tax on or before the last day	46823
of March of the tax year;	46824

(c) One-third of the estimated tax on or before the last day	46825
of May of the tax year, unless the report and payments required by	46826
section 5733.02 of the Revised Code are filed and paid on or	46827
before the last day of May of the tax year.	46828

Remittance of the estimated tax shall be made payable to the	46829
treasurer of state and shall be made in the form prescribed by the	46830
~~treasurer of state~~ tax commissioner, including electronic funds	46831
transfer if required by section 5733.022 of the Revised Code.	46832

The tax commissioner shall immediately forward to the	46833
treasurer of state all amounts received under this section, and	46834
the treasurer of state shall credit all payments of such estimated	46835
tax as provided in section 5733.12 of the Revised Code~~, shall show~~	46836
~~on all reports the date each was filed and the amount of payment~~	46837
~~remitted, and shall immediately transmit all reports filed under~~	46838
~~this section to the tax commissioner~~.	46839

Sec. 5733.053. (A) As used in this section:

46840

(1) "Transfer" means a transaction or series of related	46841
transactions in which a corporation directly or indirectly	46842
transfers or distributes substantially all of its assets or equity	46843
to another corporation, if the transfer or distribution qualifies	46844
for nonrecognition of gain or loss under the Internal Revenue	46845
Code.	46846

(2) "Transferor" means a corporation that has made a	46847
transfer.	46848

(3) "Transferee" means a corporation that received	46849
substantially all of the assets or equity of a transferor in a	46850
transfer.	46851

(B) ~~For~~ Except as provided in division (F) of this section,	46852
for purposes of valuing its issued and outstanding shares of stock	46853
under division (B) of section 5733.05 of the Revised Code, a	46854
transferee shall add to its net income allocated or apportioned to	46855
this state its transferor's net income allocated or apportioned to	46856
this state. The transferee shall add such income in computing its	46857
tax for the same tax year or years that such income would have	46858
been reported by the transferor if the transfer had not been made.	46859
The transferee shall add such income only to the extent the income	46860
is not required to be reported by the transferor for the purposes	46861
of the tax imposed by divisions (A) and (B) of section 5733.06 of	46862
the Revised Code.	46863

(C) The following shall be determined in the same manner as	46864
if the transfer had not been made:	46865

(1) The transferor's net income allocated or apportioned to	46866
this state for the tax year under divisions (B)(1) and (2) of	46867
section 5733.05 of the Revised Code;	46868

(2) The transferor's requirements for the combination of net	46869
income under section 5733.052 of the Revised Code;	46870

(3) Any other determination regarding the transferor that is	46871
necessary to avoid an absurd or unreasonable result in the	46872
application of this chapter.	46873

(D) A transferee shall be allowed the following credits and	46874
shall make the following adjustments in the same manner that they	46875
would have been available to the transferor:	46876

(1) The credits enumerated in section 5733.98 of the	46877
Revised Code;	46878

(2) The deduction under division (I)(1) of section 5733.04	46879
of the Revised Code for net operating losses incurred by its	46880
transferor, subject to the limitations set forth in sections 381	46881
and 382 of the Internal Revenue Code concerning net operating loss	46882
carryovers;	46883

(3) Any other deduction from or addition to net income under	46884
this chapter involving the transferor, the disallowance of which	46885
would be absurd or unreasonable. Such adjustments to net income	46886
and allowance of credits shall be subject to the limitations set	46887
forth in sections 381 and 382 of the Internal Revenue Code and	46888
regulations prescribed thereunder.	46889

(E) If a transferee subject to this section subsequently	46890
becomes a transferor, any net income that the transferee would	46891
have been required to add under division (B) of this section shall	46892
be included in its income as a transferor and any credits or	46893
adjustments to which the transferee would have been entitled	46894
under division (D) of this section shall be available to it as a	46895
transferor.	46896

(F) The amendments made to this section by Am. Sub. S.B.	46897
287 of the 123rd general assembly do not apply to any transfer for	46898
which negotiations began prior to January 1, 2001, and that was	46899
commenced in and completed during calendar year 2001, unless the	46900
transferee makes an election prior to December 31, 2001, to apply	46901
the section.	46902

Sec. 5733.056. (A) As used in this section:

46903

(1) "Billing address" means the address where any notice,	46904
statement, or bill relating to a customer's account is mailed, as	46905
indicated in the books and records of the taxpayer on the first	46906
day of the taxable year or on such later date in the taxable year	46907
when the customer relationship began.	46908

(2) "Borrower or credit card holder located in this state"	46909
means:	46910

(a) A borrower, other than a credit card holder, that is	46911
engaged in a trade or business and maintains its commercial	46912
domicile in this state; or	46913

(b) A borrower that is not engaged in a trade or business,	46914
or a credit card holder, whose billing address is in this state.	46915

(3) "Branch" means a "domestic branch" as defined in section	46916
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	46917
1813(o), as amended.	46918

(4) "Compensation" means wages, salaries, commissions, and	46919
any other form of remuneration paid to employees for personal	46920
services that are included in such employee's gross income under	46921
the Internal Revenue Code. In the case of employees not subject	46922
to the Internal Revenue Code, such as those employed in foreign	46923
countries, the determination of whether such payments would	46924
constitute gross income to such employees under the Internal	46925
Revenue Code shall be made as though such employees were subject	46926
to the Internal Revenue Code.	46927

(5) "Credit card" means a credit, travel, or entertainment	46928
card.	46929

(6) "Credit card issuer's reimbursement fee" means the fee a	46930
taxpayer receives from a merchant's bank because one of the	46931
persons to whom the taxpayer has issued a credit card has charged	46932
merchandise or services to the credit card.	46933

(7) "Deposits" has the meaning given in section 3 of the	46934
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	46935
as amended.	46936

(8) "Employee" means, with respect to a particular taxpayer,	46937
any individual who under the usual common law rules applicable in	46938
determining the employer-employee relationship, has the status of	46939
an employee of that taxpayer.	46940

(9) "Gross rents" means the actual sum of money or other	46941
consideration payable for the use or possession of property.	46942
"Gross rents" includes:	46943

(a) Any amount payable for the use or possession of real	46944
property or tangible personal property whether designated as a	46945
fixed sum of money or as a percentage of receipts, profits, or	46946
otherwise;	46947

(b) Any amount payable as additional rent or in lieu of	46948
rent, such as interest, taxes, insurance, repairs, or any other	46949
amount required to be paid by the terms of a lease or other	46950
arrangement; and	46951

(c) A proportionate part of the cost of any improvement to	46952
real property made by or on behalf of the taxpayer which reverts	46953
to the owner or lessor upon termination of a lease or other	46954
arrangement. The amount to be included in gross rents is the	46955
amount of amortization or depreciation allowed in computing the	46956
taxable income base for the taxable year. However, where a	46957
building is erected on leased land, by or on behalf of the	46958
taxpayer, the value of the land is determined by multiplying the	46959
gross rent by eight, and the value of the building is determined	46960
in the same manner as if owned by the taxpayer.	46961

(d) The following are not included in the term "gross	46962
rents":	46963

(i) Reasonable amounts payable as separate charges for water	46964
and electric service furnished by the lessor;	46965

(ii) Reasonable amounts payable as service charges for	46966
janitorial services furnished by the lessor;	46967

(iii) Reasonable amounts payable for storage, provided such	46968
amounts are payable for space not designated and not under the	46969
control of the taxpayer; and	46970

(iv) That portion of any rental payment which is applicable	46971
to the space subleased from the taxpayer and not used by it.	46972

(10) "Loan" means any extension of credit resulting from	46973
direct negotiations between the taxpayer and its customer, or the	46974
purchase, in whole or in part, of such extension of credit from	46975
another. Loans include debt obligations of subsidiaries,	46976
participations, syndications, and leases treated as loans for	46977
federal income tax purposes. "Loan" does not include: properties	46978
treated as loans under section 595 of the Internal Revenue Code;	46979
futures or forward contracts; options; notional principal	46980
contracts such as swaps; credit card receivables, including	46981
purchased credit card relationships; non-interest bearing balances	46982
due from depositor institutions; cash items in the process of	46983
collection; federal funds sold; securities purchased under	46984
agreements to resell; assets held in a trading account;	46985
securities; interests in a real estate mortgage investment conduit	46986
or other mortgage-backed or asset-backed security; and other	46987
similar items.	46988

(11) "Loan secured by real property" means that fifty per	46989
cent or more of the aggregate value of the collateral used to	46990
secure a loan or other obligation, when valued at fair market	46991
value as of the time the original loan or obligation was incurred,	46992
was real property.	46993

(12) "Merchant discount" means the fee, or negotiated	46994
discount, charged to a merchant by the taxpayer for the privilege	46995
of participating in a program whereby a credit card is accepted in	46996
payment for merchandise or services sold to the card holder.	46997

(13) "Participation" means an extension of credit in which an	46998
undivided ownership interest is held on a pro rata basis in a	46999
single loan or pool of loans and related collateral. In a loan	47000
participation, the credit originator initially makes the loan and	47001
then subsequently resells all or a portion of it to other lenders.	47002
The participation may or may not be known to the borrower.	47003

(14) "Principal base of operations" with respect to	47004
transportation property means the place of more or less permanent	47005
nature from which the property is regularly directed or	47006
controlled. With respect to an employee, the "principal base of	47007
operations" means the place of more or less permanent nature from	47008
which the employee regularly (a) starts work and to which the	47009
employee customarily returns in order to receive instructions from	47010
the employer or (b) communicates with the employee's customers or	47011
other persons or (c) performs any other functions necessary to the	47012
exercise of the trade or profession at some other point or points.	47013

(15) "Qualified institution" means a financial institution	47014
that on or after June 1, 1997:	47015

(a)(i) Has consummated one or more approved transactions	47016
with insured banks with different home states that would qualify	47017
under section 102 of the "Riegle-Neal Interstate Banking and	47018
Branching Efficiency Act of 1994," Public Law 103-328, 108 ~~stat.~~	47019
Stat. 2338;	47020

(ii) Is a federal savings association or federal savings	47021
bank that has consummated one or more interstate acquisitions that	47022
result in a financial institution that has branches in more than	47023
one state; or	47024

(iii) Has consummated one or more approved interstate	47025
acquisitions under authority of Title XI of the Revised Code that	47026
result in a financial institution that has branches in more than	47027
one state; and	47028

(b) Has at least ten per cent of its deposits in this state	47029
as of the last day of June prior to the beginning of the tax year.	47030

(16) "Real property owned" and "tangible personal property	47031
owned" mean real and tangible personal property, respectively, on	47032
which the taxpayer may claim depreciation for federal income tax	47033
purposes, or to which the taxpayer holds legal title and on which	47034
no other person may claim depreciation for federal income tax	47035
purposes, or could claim depreciation if subject to federal income	47036
tax. Real and tangible personal property do not include coin,	47037
currency, or property acquired in lieu of or pursuant to a	47038
foreclosure.	47039

(17) "Regular place of business" means an office at which the	47040
taxpayer carries on its business in a regular and systematic	47041
manner and which is continuously maintained, occupied, and used by	47042
employees of the taxpayer.	47043

(18) "State" means a state of the United States, the District	47044
of Columbia, the commonwealth of Puerto Rico, or any territory or	47045
possession of the United States.	47046

(19) "Syndication" means an extension of credit in which two	47047
or more persons fund and each person is at risk only up to a	47048
specified percentage of the total extension of credit or up to a	47049
specified dollar amount.	47050

(20) "Transportation property" means vehicles and vessels	47051
capable of moving under their own power, such as aircraft, trains,	47052
water vessels and motor vehicles, as well as any equipment or	47053
containers attached to such property, such as rolling stock,	47054
barges, trailers, or the like.	47055

(B) The annual financial institution report determines the	47056
value of the issued and outstanding shares of stock of the	47057
taxpayer, and is the base or measure of the franchise tax	47058
liability. Such determination shall be made as of the date shown	47059
by the report to have been the beginning of the financial	47060
institution's annual accounting period that includes the first day	47061
of January of the tax year. For purposes of this section,	47062
division (A) of section 5733.05, and division (D) of section	47063
5733.06 of the Revised Code, the value of the issued and	47064
outstanding shares of stock of the financial institution shall	47065
include the total value, as shown by the books of the financial	47066
institution, of its capital, surplus, whether earned or unearned,	47067
undivided profits, and reserves, but exclusive of:	47068

(1) Reserves for accounts receivable, depreciation,	47069
depletion, and any other valuation reserves with respect to	47070
specific assets;	47071

(2) Taxes due and payable during the year for which such	47072
report was made;	47073

(3) Voting stock and participation certificates in	47074
corporations chartered pursuant to the "Farm Credit Act of 1971,"	47075
85 Stat. 597, 12 U.S.C. 2091, as amended;	47076

(4) Good will, appreciation, and abandoned property as set	47077
up in the annual report of the financial institution, provided a	47078
certified balance sheet of the company is made available upon the	47079
request of the tax commissioner. Such balance sheet shall not be	47080
a part of the public records, but shall be a confidential report	47081
for use of the tax commissioner only.	47082

(5) A portion of the value of the issued and outstanding	47083
shares of stock of such financial institution equal to the amount	47084
obtained by multiplying such value by the quotient obtained by:	47085

(a) Dividing (1) the amount of the financial institution's	47086
assets, as shown on its books, represented by investments in the	47087
capital stock and indebtedness of public utilities of which at	47088
least eighty per cent of the utility's issued and outstanding	47089
common stock is owned by the financial institution by (2) the	47090
total assets of such financial institution as shown on its books;	47091

(b) Dividing (1) the amount of the financial institution's	47092
assets, as shown on its books, represented by investments in the	47093
capital stock and indebtedness of insurance companies of which at	47094
least eighty per cent of the insurance company's issued and	47095
outstanding common stock is owned by the financial institution by	47096
(2) the total assets of such financial institution as shown on its	47097
books;	47098

(c) Dividing (1) the amount of the financial institution's	47099
assets, as shown on its books, represented by investments in the	47100
capital stock and indebtedness of other financial institutions of	47101
which at least twenty-five per cent of the other financial	47102
institution's issued and outstanding common stock is owned by the	47103
financial institution by (2) the total assets of the financial	47104
institution as shown on its books. Division (B)(5)(c) of this	47105
section applies only with respect to such other financial	47106
institutions that for the tax year immediately following the	47107
taxpayer's taxable year will pay the tax imposed by division (D)	47108
of section 5733.06 of the Revised Code.	47109

(6) Land that has been determined pursuant to section	47110
5713.31 of the Revised Code by the county auditor of the county in	47111
which the land is located to be devoted exclusively to	47112
agricultural use as of the first Monday of June in the financial	47113
institution's taxable year.	47114

(7) Property within this state used exclusively during the	47115
taxable year for qualified research as defined in section 5733.05	47116
of the Revised Code.	47117

(C) The base upon which the tax levied under division (D) of	47118
section 5733.06 of the Revised Code shall be computed by	47119
multiplying the value of a financial institution's issued and	47120
outstanding shares of stock as determined in division (B) of this	47121
section by a fraction. The numerator of the fraction is the sum	47122
of the following: the property factor multiplied by fifteen, the	47123
payroll factor multiplied by fifteen, and the sales factor	47124
multiplied by seventy. The denominator of the fraction is one	47125
hundred, provided that the denominator shall be reduced by fifteen	47126
if the property factor has a denominator of zero, by fifteen if	47127
the payroll factor has a denominator of zero, and by seventy if	47128
the sales factor has a denominator of zero.	47129

(D) A financial institution shall calculate the property	47130
factor as follows:	47131

(1) The property factor is a fraction, the numerator of	47132
which is the average value of real property and tangible personal	47133
property rented to the taxpayer that is located or used within	47134
this state during the taxable year, the average value of real and	47135
tangible personal property owned by the taxpayer that is located	47136
or used within this state during the taxable year, and the average	47137
value of the taxpayer's loans and credit card receivables that are	47138
located within this state during the taxable year; and the	47139
denominator of which is the average value of all such property	47140
located or used within and without this state during the taxable	47141
year.	47142

(2)(a) The value of real property and tangible personal	47143
property owned by the taxpayer is the original cost or other basis	47144
of such property for federal income tax purposes without regard to	47145
depletion, depreciation, or amortization.	47146

(b) Loans are valued at their outstanding principal balance,	47147
without regard to any reserve for bad debts. If a loan is	47148
charged-off in whole or in part for federal income tax purposes,	47149
the portion of the loan charged-off is not outstanding. A	47150
specifically allocated reserve established pursuant to financial	47151
accounting guidelines which is treated as charged-off for federal	47152
income tax purposes shall be treated as charged-off for purposes	47153
of this section.	47154

(c) Credit card receivables are valued at their outstanding	47155
principal balance, without regard to any reserve for bad debts.	47156
If a credit card receivable is charged-off in whole or in part for	47157
federal income tax purposes, the portion of the receivable	47158
charged-off is not outstanding.	47159

(3) The average value of property owned by the taxpayer is	47160
computed on an annual basis by adding the value of the property on	47161
the first day of the taxable year and the value on the last day of	47162
the taxable year and dividing the sum by two. If averaging on	47163
this basis does not properly reflect average value, the tax	47164
commissioner may require averaging on a more frequent basis. The	47165
taxpayer may elect to average on a more frequent basis. When	47166
averaging on a more frequent basis is required by the tax	47167
commissioner or is elected by the taxpayer, the same method of	47168
valuation must be used consistently by the taxpayer with respect	47169
to property within and without this state and on all subsequent	47170
returns unless the taxpayer receives prior permission from the tax	47171
commissioner or the tax commissioner requires a different method	47172
of determining value.	47173

(4)(a) The average value of real property and tangible	47174
personal property that the taxpayer has rented from another and is	47175
not treated as property owned by the taxpayer for federal income	47176
tax purposes, shall be determined annually by multiplying the	47177
gross rents payable during the taxable year by eight.	47178

(b) Where the use of the general method described in	47179
division (D)(4)(a) of this section results in inaccurate	47180
valuations of rented property, any other method which properly	47181
reflects the value may be adopted by the tax commissioner or by	47182
the taxpayer when approved in writing by the tax commissioner.	47183
Once approved, such other method of valuation must be used on all	47184
subsequent returns unless the taxpayer receives prior approval	47185
from the tax commissioner or the tax commissioner requires a	47186
different method of valuation.	47187

(5)(a) Except as described in division (D)(5)(b) of this	47188
section, real property and tangible personal property owned by or	47189
rented to the taxpayer is considered to be located within this	47190
state if it is physically located, situated, or used within this	47191
state.	47192

(b) Transportation property is included in the numerator of	47193
the property factor to the extent that the property is used in	47194
this state. The extent an aircraft will be deemed to be used in	47195
this state and the amount of value that is to be included in the	47196
numerator of this state's property factor is determined by	47197
multiplying the average value of the aircraft by a fraction, the	47198
numerator of which is the number of landings of the aircraft in	47199
this state and the denominator of which is the total number of	47200
landings of the aircraft everywhere. If the extent of the use of	47201
any transportation property within this state cannot be	47202
determined, then the property will be deemed to be used wholly in	47203
the state in which the property has its principal base of	47204
operations. A motor vehicle will be deemed to be used wholly in	47205
the state in which it is registered.	47206

(6)(a)(i) A loan, other than a loan or advance described in	47207
division (D)(6)(d) of this section, is considered to be located	47208
within this state if it is properly assigned to a regular place of	47209
business of the taxpayer within this state.	47210

(ii) A loan is properly assigned to the regular place of	47211
business with which it has a preponderance of substantive	47212
contacts. A loan assigned by the taxpayer to a regular place of	47213
business without the state shall be presumed to have been properly	47214
assigned if:	47215

(I) The taxpayer has assigned, in the regular course of its	47216
business, such loan on its records to a regular place of business	47217
consistent with federal or state regulatory requirements;	47218

(II) Such assignment on its records is based upon	47219
substantive contacts of the load to such regular place of	47220
business; and	47221

(III) The taxpayer uses the records reflecting assignment of	47222
loans for the filing of all state and local tax returns for which	47223
an assignment of loans to a regular place of business is required.	47224

(iii) The presumption of proper assignment of a loan	47225
provided in division (D)(6)(a)(ii) of this section may be rebutted	47226
upon a showing by the tax commissioner, supported by a	47227
preponderance of the evidence, that the preponderance of	47228
substantive contacts regarding such loan did not occur at the	47229
regular place of business to which it was assigned on the	47230
taxpayer's records. When such presumption has been rebutted, the	47231
loan shall then be located within this state if (1) the taxpayer	47232
had a regular place of business within this state at the time the	47233
loan was made; and (2) the taxpayer fails to show, by a	47234
preponderance of the evidence, that the preponderance of	47235
substantive contacts regarding such load did not occur within this	47236
state.	47237

(b) In the case of a loan which is assigned by the taxpayer	47238
to a place without this state which is not a regular place of	47239
business, it shall be presumed, subject to rebuttal by the	47240
taxpayer on a showing supported by the preponderance of evidence,	47241
that the preponderance of substantive contacts regarding the loan	47242
occurred within this state if, at the time the loan was made the	47243
taxpayer's commercial domicile was within this state.	47244

(c) To determine the state in which the preponderance of	47245
substantive contacts relating to a loan have occurred, the facts	47246
and circumstances regarding the loan at issue shall be reviewed on	47247
a case-by-case basis and consideration shall be given to such	47248
activities as the solicitation, investigation, negotiation,	47249
approval, and administration of the loan. The terms	47250
"solicitation," "investigation," "negotiation," "approval," and	47251
"administration" are defined as follows:	47252

(i) "Solicitation" is either active or passive. Active	47253
solicitation occurs when an employee of the taxpayer initiates the	47254
contact with the customer. Such activity is located at the	47255
regular place of business which the taxpayer's employee is	47256
regularly connected with or working out of, regardless of where	47257
the services of such employee were actually performed. Passive	47258
solicitation occurs when the customer initiates the contact with	47259
the taxpayer. If the customer's initial contact was not at a	47260
regular place of business of the taxpayer, the regular place of	47261
business, if any, where the passive solicitation occurred is	47262
determined by the facts in each case.	47263

(ii) "Investigation" is the procedure whereby employees of	47264
the taxpayer determine the creditworthiness of the customer as	47265
well as the degree of risk involved in making a particular	47266
agreement. Such activity is located at the regular place of	47267
business which the taxpayer's employees are regularly connected	47268
with or working out of, regardless of where the services of such	47269
employees were actually performed.	47270

(iii) Negotiation is the procedure whereby employees of the	47271
taxpayer and its customer determine the terms of the agreement,	47272
such as the amount, duration, interest rate, frequency of	47273
repayment, currency denomination, and security required. Such	47274
activity is located at the regular place of business to which the	47275
taxpayer's employees are regularly connected or working from,	47276
regardless of where the services of such employees were actually	47277
performed.	47278

(iv) "Approval" is the procedure whereby employees or the	47279
board of directors of the taxpayer make the final determination	47280
whether to enter into the agreement. Such activity is located at	47281
the regular place of business to which the taxpayer's employees	47282
are regularly connected or working from, regardless of where the	47283
services of such employees were actually performed. If the board	47284
of directors makes the final determination, such activity is	47285
located at the commercial domicile of the taxpayer.	47286

(v) "Administration" is the process of managing the account.	47287
This process includes bookkeeping, collecting the payments,	47288
corresponding with the customer, reporting to management regarding	47289
the status of the agreement, and proceeding against the borrower	47290
or the security interest if the borrower is in default. Such	47291
activity is located at the regular place of business that oversees	47292
this activity.	47293

(d) A loan or advance to a subsidiary corporation at least	47294
fifty-one per cent of whose common stock is owned by the financial	47295
institution shall be allocated in and out of the state by the	47296
application of a ratio whose numerator is the sum of the net book	47297
value of the subsidiary's real property owned in this state and	47298
the subsidiary's tangible personal property owned in this state	47299
and whose denominator is the sum of the subsidiary's real property	47300
owned wherever located and the subsidiary's tangible personal	47301
property owned wherever located. For purposes of calculating this	47302
ratio, the taxpayer shall determine net book value in accordance	47303
with generally accepted accounting principles. If the subsidiary	47304
corporation owns at least fifty-one per cent of the common stock	47305
of another corporation, the ratio shall be calculated by including	47306
the other corporation's real property and tangible personal	47307
property. The calculation of the ratio applies with respect to	47308
all lower-tiered subsidiaries, provided that the immediate parent	47309
corporation of the subsidiary owns at least fifty-one per cent of	47310
the common stock of that subsidiary.	47311

(7) For purposes of determining the location of credit card	47312
receivables, credit card receivables shall be treated as loans and	47313
shall be subject to division (D)(6) of this section.	47314

(8) A loan that has been properly assigned to a state shall,	47315
absent any change of material fact, remain assigned to that state	47316
for the length of the original term of the loan. Thereafter, the	47317
loan may be properly assigned to another state if the loan has a	47318
preponderance of substantive contact to a regular place of	47319
business there.	47320

(E) A financial institution shall calculate the payroll	47321
factor as follows:	47322

(1) The payroll factor is a fraction, the numerator of which	47323
is the total amount paid in this state during the taxable year by	47324
the taxpayer for compensation, and the denominator of which is the	47325
total compensation paid both within and without this state during	47326
the taxable year.	47327

(2) Compensation is paid in this state if any one of the	47328
following tests, applied consecutively, is met:	47329

(a) The employee's services are performed entirely within	47330
this state.	47331

(b) The employee's services are performed both within and	47332
without this state, but the service performed without this state	47333
is incidental to the employee's service within this state. The	47334
term "incidental" means any service which is temporary or	47335
transitory in nature, or which is rendered in connection with an	47336
isolated transaction.	47337

(c) The employee's services are performed both within and	47338
without this state, and:	47339

(i) The employee's principal base of operations is within	47340
this state; or	47341

(ii) There is no principal base of operations in any state	47342
in which some part of the services are performed, but the place	47343
from which the services are directed or controlled is in this	47344
state; or	47345

(iii) The principal base of operations and the place from	47346
which the services are directed or controlled are not in any state	47347
in which some part of the service is performed but the employee's	47348
residence is in this state.	47349

(F) A financial institution shall calculate the sales factor	47350
as follows:	47351

(1) The sales factor is a fraction, the numerator of which	47352
is the receipts of the taxpayer in this state during the taxable	47353
year and the denominator of which is the receipts of the taxpayer	47354
within and without this state during the taxable year. The method	47355
of calculating receipts for purposes of the denominator is the	47356
same as the method used in determining receipts for purposes of	47357
the numerator.	47358

(2) The numerator of the sales factor includes receipts from	47359
the lease or rental of real property owned by the taxpayer if the	47360
property is located within this state, or receipts from the	47361
sublease of real property if the property is located within this	47362
state.	47363

(3)(a) Except as described in division (F)(3)(b) of this	47364
section the numerator of the sales factor includes receipts from	47365
the lease or rental of tangible personal property owned by the	47366
taxpayer if the property is located within this state when it is	47367
first placed in service by the lessee.	47368

(b) Receipts from the lease or rental of transportation	47369
property owned by the taxpayer are included in the numerator of	47370
the sales factor to the extent that the property is used in this	47371
state. The extent an aircraft will be deemed to be used in this	47372
state and the amount of receipts that is to be included in the	47373
numerator of this state's sales factor is determined by	47374
multiplying all the receipts from the lease or rental of the	47375
aircraft by a fraction, the numerator of which is the number of	47376
landings of the aircraft in this state and the denominator of	47377
which is the total number of landings of the aircraft. If the	47378
extent of the use of any transportation property within this state	47379
cannot be determined, then the property will be deemed to be used	47380
wholly in the state in which the property has its principal base	47381
of operations. A motor vehicle will be deemed to be used wholly	47382
in the state in which it is registered.	47383

(4)(a) The numerator of the sales factor includes interest	47384
and fees or penalties in the nature of interest from loans secured	47385
by real property if the property is located within this state. If	47386
the property is located both within this state and one or more	47387
other states, the receipts described in this paragraph are	47388
included in the numerator of the sales factor if more than fifty	47389
per cent of the fair market value of the real property is located	47390
within this state. If more than fifty per cent of the fair market	47391
value of the real property is not located within any one state,	47392
then the receipts described in this paragraph shall be included in	47393
the numerator of the sales factor if the borrower is located in	47394
this state.	47395

(b) The determination of whether the real property securing	47396
a loan is located within this state shall be made as of the time	47397
the original agreement was made and any and all subsequent	47398
substitutions of collateral shall be disregarded.	47399

(5) The numerator of the sales factor includes interest and	47400
fees or penalties in the nature of interest from loans not secured	47401
by real property if the borrower is located in this state.	47402

(6) The numerator of the sales factor includes net gains	47403
from the sale of loans. Net gains from the sale of loans includes	47404
income recorded under the coupon stripping rules of section 1286	47405
of the Internal Revenue Code.	47406

(a) The amount of net gains, but not less than zero, from	47407
the sale of loans secured by real property included in the	47408
numerator is determined by multiplying such net gains by a	47409
fraction the numerator of which is the amount included in the	47410
numerator of the sales factor pursuant to division (F)(4) of this	47411
section and the denominator of which is the total amount of	47412
interest and fees or penalties in the nature of interest from	47413
loans secured by real property.	47414

(b) The amount of net gains, but not less than zero, from	47415
the sale of loans not secured by real property included in the	47416
numerator is determined by multiplying such net gains by a	47417
fraction the numerator of which is the amount included in the	47418
numerator of the sales factor pursuant to division (F)(5) of this	47419
section and the denominator of which is the total amount of	47420
interest and fees or penalties in the nature of interest from	47421
loans not secured by real property.	47422

(7) The numerator of the sales factor includes interest and	47423
fees or penalties in the nature of interest from credit card	47424
receivables and receipts from fees charged to card holders, such	47425
as annual fees, if the billing address of the card holder is in	47426
this state.	47427

(8) The numerator of the sales factor includes net gains,	47428
but not less than zero, from the sale of credit card receivables	47429
multiplied by a fraction, the numerator of which is the amount	47430
included in the numerator of the sales factor pursuant to division	47431
(F)(7) of this section and the denominator of which is the	47432
taxpayer's total amount of interest and fees or penalties in the	47433
nature of interest from credit card receivables and fees charged	47434
to card holders.	47435

(9) The numerator of the sales factor includes all credit	47436
card issuer's reimbursement fees multiplied by a fraction, the	47437
numerator of which is the amount included in the numerator of the	47438
sales factor pursuant to division (F)(7) of this section and the	47439
denominator of which is the taxpayer's total amount of interest	47440
and fees or penalties in the nature of interest from credit card	47441
receivables and fees charged to card holders.	47442

(10) The numerator of the sales factor includes receipts	47443
from merchant discount if the commercial domicile of the merchant	47444
is in this state. Such receipts shall be computed net of any card	47445
holder charge backs, but shall not be reduced by any interchange	47446
transaction fees or by any issuer's reimbursement fees paid to	47447
another for charges made by its card holders.	47448

(11)(a)(i) The numerator of the sales factor includes loan	47449
servicing fees derived from loans secured by real property	47450
multiplied by a fraction the numerator of which is the amount	47451
included in the numerator of the sales factor pursuant to division	47452
(F)(4) of this section and the denominator of which is the total	47453
amount of interest and fees or penalties in the nature of interest	47454
from loans secured by real property.	47455

(ii) The numerator of the sales factor includes loan	47456
servicing fees derived from loans not secured by real property	47457
multiplied by a fraction the numerator of which is the amount	47458
included in the numerator of the sales factor pursuant to division	47459
(F)(5) of this section and the denominator of which is the total	47460
amount of interest and fees or penalties in the nature of interest	47461
from loans not secured by real property.	47462

(b) In circumstances in which the taxpayer receives loan	47463
servicing fees for servicing either the secured or the unsecured	47464
loans of another, the numerator of the sales factor shall include	47465
such fees if the borrower is located in this state.	47466

(12) The numerator of the sales factor includes receipts	47467
from services not otherwise apportioned under this section if the	47468
service is performed in this state. If the service is performed	47469
both within and without this state, the numerator of the sales	47470
factor includes receipts from services not otherwise apportioned	47471
under this section, if a greater proportion of the income	47472
producing activity is performed in this state based on cost of	47473
performance.	47474

(13)(a) Interest, dividends, net gains, but not less than	47475
zero, and other income from investment assets and activities and	47476
from trading assets and activities shall be included in the sales	47477
factor. Investment assets and activities and trading assets and	47478
activities include but are not limited to: investment securities;	47479
trading account assets; federal funds; securities purchased and	47480
sold under agreements to resell or repurchase; options; futures	47481
contracts; forward contracts; notional principal contracts such as	47482
swaps; equities; and foreign currency transactions. With respect	47483
to the investment and trading assets and activities described in	47484
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	47485
shall include the amounts described in such divisions.	47486

(i) The sales factor shall include the amount by which	47487
interest from federal funds sold and securities purchased under	47488
resale agreements exceeds interest expense on federal funds	47489
purchased and securities sold under repurchase agreements.	47490

(ii) The sales factor shall include the amount by which	47491
interest, dividends, gains, and other income from trading assets	47492
and activities, including, but not limited to, assets and	47493
activities in the matched book, in the arbitrage book, and foreign	47494
currency transactions, exceed amounts paid in lieu of interest,	47495
amounts paid in lieu of dividends, and losses from such assets and	47496
activities.	47497

(b) The numerator of the sales factor includes interest,	47498
dividends, net gains, but not less than zero, and other income	47499
from investment assets and activities and from trading assets and	47500
activities described in division (F)(13)(a) of this section that	47501
are attributable to this state.	47502

(i) The amount of interest, other than interest described in	47503
division (F)(13)(b)(iv) of this section, dividends, other than	47504
dividends described in that division, net gains, but not less than	47505
zero, and other income from investment assets and activities in	47506
the investment account to be attributed to this state and included	47507
in the numerator is determined by multiplying all such income from	47508
such assets and activities by a fraction, the numerator of which	47509
is the average value of such assets which are properly assigned to	47510
a regular place of business of the taxpayer within this state and	47511
the denominator of which is the average value of all such assets.	47512

(ii) The amount of interest from federal funds sold and	47513
purchased and from securities purchased under resale agreements	47514
and securities sold under repurchase agreements attributable to	47515
this state and included in the numerator is determined by	47516
multiplying the amount described in division (F)(13)(a)(i) of this	47517
section from such funds and such securities by a fraction, the	47518
numerator of which is the average value of federal funds sold and	47519
securities purchased under agreements to resell which are properly	47520
assigned to a regular place of business of the taxpayer within	47521
this state and the denominator of which is the average value of	47522
all such funds and such securities.	47523

(iii) The amount of interest, dividends, gains, and other	47524
income from trading assets and activities, including but not	47525
limited to assets and activities in the matched book, in the	47526
arbitrage book, and foreign currency transaction, but excluding	47527
amounts described in division (F)(13)(b)(i) or (ii) of this	47528
section, attributable to this state and included in the numerator	47529
is determined by multiplying the amount described in division	47530
(F)(13)(a)(ii) of this section by a fraction, the numerator of	47531
which is the average value of such trading assets which are	47532
properly assigned to a regular place of business of the taxpayer	47533
within this state and the denominator of which is the average	47534
value of all such assets.	47535

(iv) The amount of dividends received on the capital stock	47536
of, and the amount of interest received from loans and advances	47537
to, subsidiary corporations at least fifty-one per cent of whose	47538
common stock is owned by the reporting financial institution shall	47539
be allocated in and out of this state by the application of a	47540
ratio whose numerator is the sum of the net book value of the	47541
payor's real property owned in this state and the payor's tangible	47542
personal property owned in this state and whose denominator is the	47543
sum of the net book value of the payor's real property owned	47544
wherever located and the payor's tangible personal property owned	47545
wherever located. For purposes of calculating this ratio, the	47546
taxpayer shall determine net book value in accordance with	47547
generally accepted accounting principles.	47548

(v) For purposes of this division, average value shall be	47549
determined using the rules for determining the average value of	47550
tangible personal property set forth in division (D)(2) and (3) of	47551
this section.	47552

(c) In lieu of using the method set forth in division	47553
(F)(13)(b) of this section, the taxpayer may elect, or the tax	47554
commissioner may require in order to fairly represent the business	47555
activity of the taxpayer in this state, the use of the method set	47556
forth in division (F)(13)(c) of this section.	47557

(i) The amount of interest, other than interest described in	47558
division (F)(13)(b)(iv) of this section, dividends, other than	47559
dividends described in that division, net gains, but not less than	47560
zero, and other income from investment assets and activities in	47561
the investment account to be attributed to this state and included	47562
in the numerator is determined by multiplying all such income from	47563
such assets and activities by a fraction, the numerator of which	47564
is the gross income from such assets and activities which are	47565
properly assigned to a regular place of business of the taxpayer	47566
within this state, and the denominator of which is the gross	47567
income from all such assets and activities.	47568

(ii) The amount of interest from federal funds sold and	47569
purchased and from securities purchased under resale agreements	47570
and securities sold under repurchase agreements attributable to	47571
this state and included in the numerator is determined by	47572
multiplying the amount described in division (F)(13)(a)(i) of this	47573
section from such funds and such securities by a fraction, the	47574
numerator of which is the gross income from such funds and such	47575
securities which are properly assigned to a regular place of	47576
business of the taxpayer within this state and the denominator of	47577
which is the gross income from all such funds and such securities.	47578

(iii) The amount of interest, dividends, gains, and other	47579
income from trading assets and activities, including, but not	47580
limited to, assets and activities in the matched book, in the	47581
arbitrage book, and foreign currency transactions, but excluding	47582
amounts described in division (F)(13)(a)(i) or (ii) of this	47583
section, attributable to this state and included in the numerator,	47584
is determined by multiplying the amount described in division	47585
(F)(13)(a)(ii) of this section by a fraction, the numerator of	47586
which is the gross income from such trading assets and activities	47587
which are properly assigned to a regular place of business of the	47588
taxpayer within this state and the denominator of which is the	47589
gross income from all such assets and activities.	47590

(iv) The amount of dividends received on the capital stock	47591
of, and the amount of interest received from loans and advances	47592
to, subsidiary corporations at least fifty-one per cent of whose	47593
common stock is owned by the reporting financial institution shall	47594
be allocated in and out of this state by the application of a	47595
ratio whose numerator is the sum of the net book value of the	47596
payor's real property owned in this state and the payor's tangible	47597
personal property owned in this state and whose denominator is the	47598
sum of the payor's real property owned wherever located and the	47599
payor's tangible personal property owned wherever located. For	47600
purposes of calculating this ratio, the taxpayer shall determine	47601
net book value in accordance with generally accepted accounting	47602
principles.	47603

(d) If the taxpayer elects or is required by the tax	47604
commissioner to use the method set forth in division (F)(13)(c) of	47605
this section, it shall use this method on all subsequent returns	47606
unless the taxpayer receives prior permission from the tax	47607
commissioner to use or the tax commissioner requires a different	47608
method.	47609

(e) The taxpayer shall have the burden of proving that an	47610
investment asset or activity or trading asset or activity was	47611
properly assigned to a regular place of business outside of this	47612
state by demonstrating that the day-to-day decisions regarding the	47613
asset or activity occurred at a regular place of business outside	47614
this state. Where the day-to-day decisions regarding an	47615
investment asset or activity or trading asset or activity occur at	47616
more than one regular place of business and one such regular place	47617
of business is in this state and one such regular place of	47618
business is outside this state such asset or activity shall be	47619
considered to be located at the regular place of business of the	47620
taxpayer where the investment or trading policies or guidelines	47621
with respect to the asset or activity are established. Unless the	47622
taxpayer demonstrates to the contrary, such policies and	47623
guidelines shall be presumed to be established at the commercial	47624
domicile of the taxpayer.	47625

(14) The numerator of the sales factor includes all other	47626
receipts if either:	47627

(a) The income-producing activity is performed solely in	47628
this state; or	47629

(b) The income-producing activity is performed both within	47630
and without this state and a greater proportion of the	47631
income-producing activity is performed within this state than in	47632
any other state, based on costs of performance.	47633

(G) A qualified institution may calculate the base upon	47634
which the fee provided for in division (D) of section 5733.06 ~~(D)~~	47635
of the ~~revised code~~ Revised Code is determined for each of the tax	47636
years 1998, 1999, 2000, ~~and~~ 2001, 2002, and 2003 by multiplying	47637
the value of its issued and outstanding shares of stock determined	47638
under division (B) of this section by a single deposits fraction	47639
whose numerator is the deposits assigned to branches in this state	47640
and whose denominator is the deposits assigned to branches	47641
everywhere. Deposits shall be assigned to branches in the same	47642
manner in which the assignment is made for regulatory purposes. If	47643
the base calculated under this division is less than the base	47644
calculated under division (C) of this section, then the qualifying	47645
institution may elect to substitute the base calculated under this	47646
division for the base calculated under division (C) of this	47647
section. Such election may be made annually for each of the tax	47648
years 1998, 1999, 2000, ~~and~~ 2001, 2002, and 2003 on the corporate	47649
report. The election need not accompany the report; rather, the	47650
election may accompany a subsequently filed but timely application	47651
for refund, a subsequently filed but timely amended report, or a	47652
subsequently filed but timely petition for reassessment. The	47653
election is not irrevocable and it applies only to the specified	47654
tax year. Nothing in this division shall be construed to extend	47655
any statute of limitations set forth in this chapter	47656

(H) If the apportionment provisions of this section do not	47657
fairly represent the extent of the taxpayer's business activity in	47658
this state, the taxpayer may petition for or the tax commissioner	47659
may require, in respect to all or any part of the taxpayer's	47660
business activity, if reasonable:	47661

(1) Separate accounting;

47662

(2) The exclusion of any one or more of the factors;

47663

(3) The inclusion of one or more additional factors which	47664
will fairly represent the taxpayer's business activity in this	47665
state; or	47666

(4) The employment of any other method to effectuate an	47667
equitable allocation and apportionment of the taxpayer's value.	47668

Sec. 5733.06. The tax hereby charged each corporation	47669
subject to this chapter shall be the greater of the sum of	47670
divisions (A) and (B) of this section, after the reduction, if	47671
any, provided by division (J) of this section, or division (C) of	47672
this section, after the reduction, if any, provided by division	47673
(J) of this section, except that the tax hereby charged each	47674
financial institution subject to this chapter shall be the amount	47675
computed under division (D) of this section:	47676

(A) Except as set forth in division (F) of this section,	47677
five and one-tenth per cent upon the first fifty thousand dollars	47678
of the value of the taxpayer's issued and outstanding shares of	47679
stock as determined under division (B) of section 5733.05 of the	47680
Revised Code;	47681

(B) Except as set forth in division (F) of this section,	47682
eight and one-half per cent upon the value so determined in excess	47683
of fifty thousand dollars; or	47684

(C) Except as otherwise provided under division (G) of this	47685
section, four mills times that portion of the value of the issued	47686
and outstanding shares of stock as determined under division (C)	47687
of section 5733.05 of the Revised Code. For the purposes of	47688
division (C) of this section, division (C)(2) of section 5733.065,	47689
and division (C) of section 5733.066 of the Revised Code, the	47690
value of the issued and outstanding shares of stock of a qualified	47691
holding company is zero.	47692

(D) The tax charged each financial institution subject to	47693
this chapter shall be that portion of the value of the issued and	47694
outstanding shares of stock as determined under division (A) of	47695
section 5733.05 of the Revised Code, multiplied by the following	47696
amounts:	47697

(1) For tax years prior to the 1999 tax year, fifteen mills;

47698

(2) For the 1999 tax year, fourteen mills;

47699

(3) For tax year 2000 and thereafter, thirteen mills.

47700

(E) No tax shall be charged from any corporation that has	47701
been adjudicated bankrupt, or for which a receiver has been	47702
appointed, or that has made a general assignment for the benefit	47703
of creditors, except for the portion of the then current tax year	47704
during which the tax commissioner finds such corporation had the	47705
power to exercise its corporate franchise unimpaired by such	47706
proceedings or act. The minimum payment for all corporations	47707
shall be fifty dollars.	47708

The tax charged to corporations under this chapter for the	47709
privilege of engaging in business in this state, which is an	47710
excise tax levied on the value of the issued and outstanding	47711
shares of stock, shall in no manner be construed as prohibiting or	47712
otherwise limiting the powers of municipal corporations, joint	47713
economic development zones created under section 715.691 of the	47714
Revised Code, and joint economic development districts created	47715
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	47716
Revised Code in this state to impose an income tax on the income	47717
of such corporations.	47718

(F) If two or more taxpayers satisfy the ownership or	47719
control requirements of division (A) of section 5733.052 of the	47720
Revised Code, each such taxpayer shall substitute "the taxpayer's	47721
pro-rata amount" for "fifty thousand dollars" in divisions (A) and	47722
(B) of this section. For purposes of this division, "the	47723
taxpayer's pro-rata amount" is an amount that, when added to the	47724
other such taxpayers' pro-rata amounts, does not exceed fifty	47725
thousand dollars. For the purpose of making that computation, the	47726
taxpayer's pro-rata amount shall not be less than zero. Nothing	47727
in this division derogates from or eliminates the requirement to	47728
make the alternative computation of tax under division (C) of this	47729
section.	47730

(G) The tax liability of any corporation under division (C)	47731
of this section shall not exceed one hundred fifty thousand	47732
dollars.	47733

(H)(1) For the purposes of division (H) of this section,	47734
"exiting corporation" means a corporation that satisfies all of	47735
the following conditions:	47736

(a) The corporation had nexus with or in this state under	47737
the Constitution of the United States during any portion of a	47738
calendar year;	47739

(b) The corporation was not a corporation described in	47740
division (A) of section 5733.01 of the Revised Code on the first	47741
day of January immediately following that calendar year;	47742

(c) The corporation was not a financial institution on the	47743
first day of January immediately following that calendar year;	47744

(d) If the corporation was a transferor as defined in	47745
section 5733.053 of the Revised Code, the corporation's transferee	47746
was not required to add to the transferee's net income the income	47747
of the transferor pursuant to division (B) of that section;	47748

(e) During any portion of that calendar year, or any portion	47749
of the immediately preceding calendar year, the corporation had	47750
net income that was not included in a report filed by the	47751
corporation or its transferee pursuant to section 5733.02,	47752
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	47753

(f) The corporation would have been subject to the tax	47754
computed under divisions (A), (B), (C), (F), and (G) of this	47755
section if the corporation is assumed to be a corporation	47756
described in division (A) of section 5733.01 of the Revised Code	47757
on the first day of January immediately following the calendar	47758
year to which division (H)(1)(a) of this section refers.	47759

(2) For the purposes of division (H) of this section,	47760
"unreported net income" means net income that was not previously	47761
included in a report filed pursuant to section 5733.02, 5733.021,	47762
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	47763
realized or recognized during the calendar year to which	47764
division (H)(1) of this section refers or the immediately	47765
preceding calendar year.	47766

(3) Each exiting corporation shall pay a tax computed by	47767
first allocating and apportioning the unreported net income	47768
pursuant to division (B) of section 5733.05 and section 5733.051	47769
and, if applicable, section 5733.052 of the Revised Code. The	47770
exiting corporation then shall compute the tax due on its	47771
unreported net income allocated and apportioned to this state by	47772
applying divisions (A), (B), and (F) of this section to that	47773
income.	47774

(4) Divisions (C) and (G) of this section, division (D)(2)	47775
of section 5733.065, and division (C) of section 5733.066 of the	47776
Revised Code do not apply to an exiting corporation, but exiting	47777
corporations are subject to every other provision of this chapter.	47778

(5) Notwithstanding division (B) of section 5733.01 or	47779
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	47780
contrary, each exiting corporation shall report and pay the tax	47781
due under division (H) of this section on or before the	47782
thirty-first day of May immediately following the calendar year to	47783
which division (H)(1)(a) of this section refers. The exiting	47784
corporation shall file that report on the form most recently	47785
prescribed by the tax commissioner for the purposes of complying	47786
with sections 5733.02 and 5733.03 of the Revised Code. Upon	47787
request by the corporation, the tax commissioner may extend the	47788
date for filing the report.	47789

(6) If, on account of the application of section 5733.053 of	47790
the Revised Code, net income is subject to the tax imposed by	47791
divisions (A) and (B) of this section, such income shall not be	47792
subject to the tax imposed by division (H)(3) of this section.	47793

(7) The amendments made to division (H) of this section by	47794
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	47795
any transfer, as defined in section 5733.053 of the Revised Code,	47796
for which negotiations began prior to January 1, 2001, and that	47797
was commenced in and completed during calendar year 2001, unless	47798
the taxpayer makes an election prior to December 31, 2001, to	47799
apply the section.	47800

(8) The tax commissioner may adopt rules governing division	47801
(H) of this section.	47802

(I) Any reference in the Revised Code to "the tax imposed by	47803
section 5733.06 of the Revised Code" or "the tax due under section	47804
5733.06 of the Revised Code" includes the taxes imposed under	47805
sections 5733.065 and 5733.066 of the Revised Code.	47806

(J)(1) Division (J) of this section applies solely to a	47807
combined company. Section 5733.057 of the Revised Code shall	47808
apply when calculating the adjustments required by division (J) of	47809
this section.	47810

(2) Subject to division (J)(4) of this section, the total	47811
tax calculated in divisions (A) and (B) of this section shall be	47812
reduced by an amount calculated by multiplying such tax by a	47813
fraction, the numerator of which is the total taxable gross	47814
receipts attributed to providing public utility activity other	47815
than as an electric company under section 5727.03 of the Revised	47816
Code for the year upon which the taxable gross receipts are	47817
measured immediately preceding the tax year, and the denominator	47818
of which is the total gross receipts from all sources for the year	47819
upon which the taxable gross receipts are measured immediately	47820
preceding the tax year. Nothing herein shall be construed to	47821
exclude from the denominator any item of income described in	47822
section 5733.051 of the Revised Code.	47823

(3) Subject to division (J)(4) of this section, the total	47824
tax calculated in division (C) of this section shall be reduced by	47825
an amount calculated by multiplying such tax by the fraction	47826
described in division (J)(2) of this section.	47827

(4) In no event shall the reduction provided by division	47828
(J)(2) or (J)(3) of this section exceed the amount of the excise	47829
tax paid in accordance with section 5727.38 of the Revised Code,	47830
for the year upon which the taxable gross receipts are measured	47831
immediately preceding the tax year.	47832

Sec. 5733.12. (A) Four and two-tenths per cent of all	47833
payments received ~~by the treasurer of state~~ from the taxes imposed	47834
under sections 5733.06 and 5733.41 of the Revised Code shall be	47835
credited to the local government fund for distribution in	47836
accordance with section 5747.50 of the Revised Code, six-tenths of	47837
one per cent shall be credited to the local government revenue	47838
assistance fund for distribution in accordance with section	47839
5747.61 of the Revised Code, and ninety-five and two-tenths per	47840
cent shall be credited to the general revenue fund.	47841

(B) Except as otherwise provided under divisions (C) and (D)	47842
of this section, an application to refund to the corporation the	47843
amount of taxes imposed under section 5733.06 of the Revised Code	47844
that are overpaid, paid illegally or erroneously, or paid on any	47845
illegal, erroneous, or excessive assessment, with interest thereon	47846
as provided by section 5733.26 of the Revised Code, shall be filed	47847
with the tax commissioner, on the form prescribed by the	47848
commissioner, within three years from the date of the illegal,	47849
erroneous, or excessive payment of the tax, or within any	47850
additional period allowed by division (C)(2) of section 5733.031,	47851
division (D)(2) of section 5733.067, or division (A) of section	47852
5733.11 of the Revised Code.	47853

On the filing of the refund application, the commissioner	47854
shall determine the amount of refund due and certify such amount	47855
to the director of budget and management and treasurer of state	47856
for payment from the tax refund fund created by section 5703.052	47857
of the Revised Code.	47858

(C) "Ninety days" shall be substituted for "three years" in	47859
division (B) of this section if the taxpayer satisfies both of the	47860
following:	47861

(1) The taxpayer has applied for a refund based in whole or	47862
in part upon section 5733.0611 of the Revised Code;	47863

(2) The taxpayer asserts that the imposition or collection	47864
of the tax imposed or charged by section 5733.06 of the Revised	47865
Code or any portion of such tax violates the Constitution of the	47866
United States or the Constitution of this state.	47867

(D)(1) Division (D)(2) of this section applies only if all	47868
of the following conditions are satisfied:	47869

(a) A qualifying pass-through entity pays an amount of the	47870
tax imposed by section 5733.41 of the Revised Code;	47871

(b) The taxpayer is a qualifying investor as to that	47872
qualifying pass-through entity;	47873

(c) The taxpayer did not claim the credit provided for in	47874
section 5733.0611 of the Revised Code as to the tax described in	47875
division (D)(1)(a) of this section;	47876

(d) The three-year period described in division (B) of this	47877
section has ended as to the taxable year for which the taxpayer	47878
otherwise would have claimed that credit.	47879

(2) A taxpayer shall file an application for refund pursuant	47880
to this division within one year after the date the payment	47881
described in division (D)(1)(a) of this section is made. An	47882
application filed under this division shall only claim refund of	47883
overpayments resulting from the taxpayer's failure to claim the	47884
credit described in division (D)(1)(c) of this section. Nothing	47885
in this division shall be construed to relieve a taxpayer from	47886
complying with the provisions of division (I)(14) of section	47887
5733.04 of the Revised Code.	47888

Sec. 5733.122. Between the first and fifteenth days of July	47889
each year, the tax commissioner shall certify to the director of	47890
budget and management the total reported liability of the taxes or	47891
surcharges levied in the second preceding year under sections	47892
5733.065 and 5733.066 of the Revised Code. Notwithstanding section	47893
5733.12 of the Revised Code, ~~during the period July 1, 1980, to~~	47894
~~December 31, 1981, four million dollars received by the treasurer~~	47895
~~of state under this chapter~~ the total amount certified in each	47896
year less an amount to be retained by the department of taxation	47897
for expenses resulting from the administration of the taxes or	47898
surcharges levied under sections 5733.065 and 5733.066 of the	47899
Revised Code shall be credited to the recycling and litter	47900
prevention fund created by section 1502.02 of the Revised Code.	47901
~~Thereafter, during each of the consecutive six-month periods~~	47902
~~beginning January 1, 1982, five million dollars~~ from amounts	47903
received by the treasurer of state under this chapter ~~shall be~~	47904
~~credited to that fund~~. No amount shall be credited to the local	47905
government fund from any receipts credited to the recycling and	47906
litter prevention fund under this section.	47907

The office of budget and mangement shall provide the	47908
treasurer of state with a monthly schedule in accordance with	47909
which the amounts shall be credited.	47910

Sec. 5733.18. Annually, on the day fixed for the payment of	47911
any excise or franchise tax required to be paid by law, such tax,	47912
together with any penalties subsequently accruing thereon, shall	47913
become a lien on all property in this state of a corporation,	47914
whether such property is employed by the corporation in the	47915
prosecution of its business or is in the hands of an assignee,	47916
trustee, or receiver for the benefit of the creditors and	47917
stockholders. Such lien shall continue until such taxes, together	47918
with any penalties subsequently accruing, are paid.	47919

Upon failure of such corporation to pay such tax on the day	47920
fixed for payment, ~~the treasurer of state shall thereupon notify~~	47921
the tax commissioner ~~and the commissioner~~ may file, for which	47922
filing no fee shall be charged, in the office of the county	47923
recorder in each county in this state in which such corporation	47924
owns or has a beneficial interest in real estate, notice of such	47925
lien containing a brief description of such real estate. Such	47926
lien shall not be valid as against any mortgagee, purchaser, or	47927
judgment creditor whose rights have attached prior to the time	47928
such notice is so filed in the county in which the real estate	47929
which is the subject of such mortgage, purchase, or judgment lien	47930
is located. Such notice shall be recorded in a book kept by the	47931
recorder, called the corporation franchise lien record, and	47932
indexed under the name of the corporation charged with such tax.	47933
When such tax, together with any penalties subsequently accruing	47934
thereon, has been paid, the tax commissioner shall furnish to the	47935
corporation an acknowledgment of such payment which the	47936
corporation may record with the recorder of each county in which	47937
notice of such lien has been filed, for which recording the	47938
recorder shall charge and receive a fee of two dollars.	47939

Sec. 5733.351. (A) As used in this section, "qualified	47940
research expenses" has the same meaning as in section 41 of the	47941
Internal Revenue Code.	47942

(B)(1) A nonrefundable credit is allowed against the tax	47943
imposed by section 5733.06 of the Revised Code for tax year 2002	47944
for a taxpayer whose taxable year for tax year 2002 ended before	47945
July 1, 2001. The credit shall equal seven per cent of the excess	47946
of qualified research expenses incurred in this state by the	47947
taxpayer between January 1, 2001, and the end of the taxable year,	47948
over the taxpayer's average annual qualified research expenses	47949
incurred in this state for the three preceding taxable years.	47950

(2) A nonrefundable credit also is allowed against the tax	47951
imposed by section 5733.06 of the Revised Code for each tax year,	47952
commencing with tax year 2004. The credit shall equal seven per	47953
cent of the excess of qualified research expenses incurred in this	47954
state by the taxpayer for the taxable year over the taxpayer's	47955
average annual qualified research expenses incurred in this state	47956
for the three preceding taxable years. ~~The~~	47957

(3) The taxpayer shall claim the credit allowed under	47958
division (B)(1) or (2) of this section in the order required ~~under~~	47959
by section 5733.98 of the Revised Code. Any credit amount in	47960
excess of the tax due under section 5733.06 of the Revised Code,	47961
after allowing for any other credits that precede the credit under	47962
this section in the order required under section 5733.98 of the	47963
Revised Code, may be carried forward for seven taxable years, but	47964
the amount of the excess credit allowed in any such year shall be	47965
deducted from the balance carried forward to the next year.	47966

(C) In the case of a qualifying controlled group, the credit	47967
allowed under division (B)(1) or (2) of this section to taxpayers	47968
in the qualifying controlled group shall be computed as if all	47969
corporations in the qualifying controlled group were a	47970
consolidated, single taxpayer. The credit shall be allocated to	47971
such taxpayers in any amount elected for the taxable year by the	47972
qualifying controlled group. The election shall be revocable and	47973
amendable during the period prescribed by division (B) of section	47974
5733.12 of the Revised Code.	47975

Sec. 5733.401. (A) As used in this section:

47976

(1) "Investment pass-through entity" means a pass-through	47977
entity having for its qualifying taxable year at least ninety per	47978
cent of its gross income from transaction fees in connection with	47979
the acquisition, ownership, or disposition of intangible property,	47980
loan fees, financing fees, consent fees, waiver fees, application	47981
fees, net management fees, dividend income, interest income, net	47982
capital gains from the sale or exchange of intangible property, or	47983
distributive shares of income from pass-through entities; and	47984
having for its qualifying taxable year at least ninety per cent of	47985
the net book value of its assets represented by intangible assets.	47986
Such percentages shall be the quarterly average of those	47987
percentages as calculated during the pass-through entity's taxable	47988
year.	47989

(2) "Net management fees" means management fees that a	47990
pass-through entity earns or receives from all sources, reduced by	47991
management fees that the pass-through entity incurs or pays to any	47992
person.	47993

(B) For the purposes of divisions (A) and (C) of this	47994
section only, an investment in a pass-through entity shall be	47995
deemed to be an investment in an intangible asset.	47996

(C) Except as otherwise provided in division (D) of this	47997
section, for the purposes of division (A) of section 5733.40 of	47998
the Revised Code, an investment pass-through entity shall exclude	47999
from the calculation of the adjusted qualifying amount all	48000
transaction fees in connection with the acquisition, ownership, or	48001
disposition of intangible property,; loan fees,; financing fees,;	48002
consent fees,; waiver fees,; application fees,; net management	48003
fees, but if such fees exceed five per cent of the entity's net	48004
income calculated in accordance with generally accepted accounting	48005
principles, all net management fees shall be included in the	48006
calculation of the adjusted qualifying amount; dividend income,;	48007
interest income,; net capital gains from the sale or exchange of	48008
intangible property,; and all types and classifications of income	48009
attributable to distributive shares of income from other	48010
pass-through entities. Nothing in this division shall be	48011
construed to provide for an exclusion of any item from adjusted	48012
qualifying amount more than once.	48013

(D) Sections 5733.057 and 5747.231 of the Revised Code do	48014
not apply for the purposes of making the determinations required	48015
by division (A) of this section or claiming the exclusion provided	48016
by division (C) of this section.	48017

Sec. 5733.42. (A) As used in this section:

48018

(1) "Eligible training program" means a program to provide	48019
job skills to eligible employees who are unable effectively to	48020
function on the job due to skill deficiencies or who would	48021
otherwise be displaced because of their skill deficiencies or	48022
inability to use new technology, or to provide job skills to	48023
eligible employees that enable them to perform other job duties	48024
for the taxpayer. Eligible training programs do not include	48025
executive, management, or personal enrichment training programs,	48026
or training programs intended exclusively for personal career	48027
development.	48028

(2) "Eligible employee" means an individual who is employed	48029
in this state by a taxpayer and has been so employed by the same	48030
taxpayer for at least one hundred eighty consecutive days before	48031
the day an application for the credit is filed under this section.	48032
"Eligible employee" does not include any employee for which a	48033
credit is claimed pursuant to division (A)(5) of section 5709.65	48034
of the Revised Code for all or any part of the same year, an	48035
employee who is not a full-time employee, or executive or	48036
managerial personnel except for the immediate supervisors of	48037
nonexecutive, nonmanagerial personnel.	48038

(3) "Eligible training costs" means:

48039

(a) Direct instructional costs, such as instructor salaries,	48040
materials and supplies, textbooks and manuals, videotapes, and	48041
other instructional media and training equipment used exclusively	48042
for the purpose of training eligible employees;	48043

(b) Wages paid to eligible employees for time devoted	48044
exclusively to an eligible training program during normal paid	48045
working hours.	48046

(4) "Full-time employee" means an individual who is employed	48047
for consideration for at least thirty-five hours per week, or who	48048
renders any other standard of service generally accepted by custom	48049
or specified by contract as full-time employment.	48050

(5) "Partnership" includes a limited liability company formed	48051
under Chapter 1705. of the Revised Code or under the laws of	48052
another state, provided that the company is not classified for	48053
federal income tax purposes as an association taxable as a	48054
corporation.	48055

(B) There is hereby allowed a nonrefundable credit against	48056
the tax imposed by section 5733.06 of the Revised Code for	48057
taxpayers for which a tax credit certificate is issued under	48058
division (C) of this section. The credit may ~~not~~ be claimed for	48059
~~any tax year after~~ tax ~~year~~ years 2004, ~~except for amounts carried~~	48060
~~forward to subsequent tax years to the extent allowed under~~	48061
~~division (J) of this section~~ 2005, and 2006. The amount of the	48062
credit for ~~each~~ tax year 2004 shall equal one-half of the average	48063
of the eligible training costs paid or incurred by the taxpayer	48064
during ~~the three~~ calendar years ~~immediately preceding the tax~~	48065
~~year for which the credit is claimed~~ 1999, 2000, and 2001, not to	48066
exceed one thousand dollars for each eligible employee on	48067
account of whom eligible training costs were paid or incurred by	48068
the taxpayer during those calendar years. The amount of the	48069
credit for tax year 2005 shall equal one-half of the average of	48070
the eligible training costs paid or incurred by the taxpayer	48071
during calendar years 2002, 2003, and 2004, not to exceed one	48072
thousand dollars for each eligible employee on account of whom	48073
eligible training costs were paid or incurred by the taxpayer	48074
during those calendar years. The amount of the credit for tax	48075
year 2006 shall equal one-half of the average of the eligible	48076
training costs paid or incurred by the taxpayer during calendar	48077
years 2003, 2004, and 2005, not to exceed one thousand dollars for	48078
each eligible employee on account of whom eligible training costs	48079
were paid or incurred by the taxpayer during those calendar years.	48080
The credit claimed by a taxpayer each tax year shall not exceed	48081
one hundred thousand dollars.	48082

(C) A taxpayer who proposes to conduct an eligible training	48083
program may apply to the director of job and family services for a	48084
tax credit certificate under this section. The taxpayer may apply	48085
for such a certificate for ~~each tax year with respect to a~~	48086
~~calendar year in which the taxpayer paid or incurred eligible~~	48087
~~training costs~~ tax years 2004, 2005, and 2006, subject to division	48088
(L) of this section. The director shall prescribe the form of the	48089
application, which shall require a detailed description of the	48090
proposed training program. The director may require applicants to	48091
remit an application fee with each application filed with the	48092
director. The fee shall not exceed the reasonable and necessary	48093
expenses incurred by the director in receiving, reviewing, and	48094
approving such applications and issuing tax credit certificates.	48095
Proceeds from fees shall be used solely for the purpose of	48096
receiving, reviewing, and approving such applications and issuing	48097
such certificates.	48098

After receipt of an application, the director shall authorize	48099
a credit under this section by issuing a tax credit certificate,	48100
in the form prescribed by the director, if the director determines	48101
all of the following:	48102

(1) The proposed training program is an eligible training	48103
program under this section;	48104

(2) The proposed training program is economically sound and	48105
will benefit the people of this state by improving workforce	48106
skills and strengthening the economy of this state;	48107

(3) Receiving the tax credit is a major factor in the	48108
taxpayer's decision to go forward with the training program;	48109

(4) Authorization of the credit is consistent with division	48110
(H) of this section.	48111

The credit also is allowed for a taxpayer that is a partner	48112
in a partnership that pays or incurs eligible training costs. Such	48113
a taxpayer shall determine the taxpayer's credit amount in the	48114
manner prescribed by division (K) of this section.	48115

(D) If the director of job and family services denies an	48116
application for a tax credit certificate, the director shall send	48117
notice of the denial and the reason for denial to the applicant by	48118
certified mail, return receipt requested. If the director	48119
determines that an authorized training program, as actually	48120
conducted, fails to meet the requirements of this section or to	48121
comply with any condition set forth in the authorization, the	48122
director may reduce the amount of the tax credit previously	48123
granted. If the director reduces a tax credit, the director shall	48124
send notice of the reduction and the reason for the reduction to	48125
the taxpayer by certified mail, return receipt requested, and	48126
shall certify the reduction to the tax commissioner or, in the	48127
case of the reduction of a credit claimed by an insurance company,	48128
the superintendent of insurance. The tax commissioner or	48129
superintendent of insurance shall reduce the credit that may be	48130
claimed by the taxpayer accordingly. Within sixty days after	48131
receiving a notice of denial or notice of reduction of the tax	48132
credit, an applicant or taxpayer may request, in writing, a	48133
hearing before the director to review the denial or reduction.	48134
Within sixty days after receiving a request that is filed within	48135
the prescribed time, the director shall hold such a hearing at a	48136
location to be determined by the director. Within thirty days	48137
after the hearing is adjourned, the director shall issue a	48138
redetermination affirming, reversing, or modifying the denial or	48139
reduction of the tax credit and send notice of the redetermination	48140
to the applicant or taxpayer by certified mail, return receipt	48141
requested, and shall issue a notice of the redetermination to the	48142
tax commissioner or superintendent of insurance. If an applicant	48143
or taxpayer is aggrieved by the director's redetermination, the	48144
applicant or taxpayer may appeal the redetermination to the board	48145
of tax appeals in the manner prescribed by section 5717.02 of the	48146
Revised Code.	48147

(E) A taxpayer to which a tax credit certificate is issued	48148
shall retain records indicating the eligible training costs it	48149
pays or incurs for the eligible training program for which the	48150
certificate is issued for four years following the end of the tax	48151
year for which the credit is claimed. Such records shall be open	48152
to inspection by the director of job and family services upon the	48153
director's request during business hours.	48154

Financial statements and other information submitted by an	48155
applicant to the director of job and family services for a tax	48156
credit under this section, and any information taken for any	48157
purpose from such statements or information, are not public	48158
records subject to section 149.43 of the Revised Code. However,	48159
the director of job and family services, the tax commissioner, or	48160
superintendent of insurance may make use of the statements and	48161
other information for purposes of issuing public reports or in	48162
connection with court proceedings concerning tax credits allowed	48163
under this section and sections 5725.31, 5729.07, and 5747.39 of	48164
the Revised Code.	48165

(F) The director of job and family services, in accordance	48166
with Chapter 119. of the Revised Code, shall adopt rules necessary	48167
to implement this section and sections 5725.31, 5729.07, and	48168
5747.39 of the Revised Code. The rules shall be adopted after	48169
consultation with the tax commissioner and the superintendent of	48170
insurance. At the time the director gives public notice under	48171
division (A) of section 119.03 of the Revised Code of the adoption	48172
of the rules, the director shall submit copies of the proposed	48173
rules to the chairpersons and ranking minority members of the	48174
standing committees in the senate and the house of representatives	48175
to which legislation on economic development matters are	48176
customarily referred.	48177

(G) On or before the thirtieth day of September of ~~2001,~~	48178
~~2002,~~ 2003, ~~and~~ 2004, 2005, and 2006, the director of job and	48179
family services shall submit a report to the governor, the	48180
president of the senate, and the speaker of the house of	48181
representatives on the tax credit program under this section and	48182
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	48183
report shall include information on the number of training	48184
programs that were authorized under those sections during the	48185
preceding calendar year, a description of each authorized training	48186
program, the dollar amounts of the credits granted, and an	48187
estimate of the impact of the credits on the economy of this	48188
state.	48189

(H) The aggregate amount of credits authorized under this	48190
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	48191
Code shall not exceed twenty million dollars per calendar year. No	48192
more than ten million dollars in credits per calendar year shall	48193
be authorized for persons engaged primarily in manufacturing. No	48194
less than five million dollars in credits per calendar year shall	48195
be set aside for persons engaged primarily in activities other	48196
than manufacturing and having fewer than five hundred employees.	48197
Subject to such limits, credits shall be authorized for applicants	48198
meeting the requirements of this section in the order in which	48199
they submit complete and accurate applications.	48200

(I) A nonrefundable credit allowed under this section shall	48201
be claimed in the order required under section 5733.98 of the	48202
Revised Code.	48203

(J) The taxpayer may carry forward any credit amount in	48204
excess of its tax due after allowing for any other credits that	48205
precede the credit under this section in the order required under	48206
section 5733.98 of the Revised Code. The excess credit may be	48207
carried forward for three years following the tax year for which	48208
it is first claimed under this section.	48209

(K) A taxpayer that is a partner in a partnership on the	48210
last day of the third calendar year of the three-year period	48211
during which the partnership pays or incurs eligible training	48212
costs may claim a credit under this section for the tax year	48213
immediately following that calendar year. The amount of a	48214
partner's credit equals the partner's interest in the partnership	48215
on the last day of such calendar year multiplied by the credit	48216
available to the partnership as computed by the partnership.	48217

(L) The director of job and family services shall not	48218
authorize any credits under this section and sections 5725.31,	48219
5729.07, and 5747.39 of the Revised Code for eligible training	48220
costs paid or incurred after December 31, ~~2003~~ 2005.	48221

Sec. 5735.06. (A) On or before the last day of each month,	48222
each motor fuel dealer shall file with the ~~treasurer of state~~ tax	48223
commissioner a report for the preceding calendar month, on forms	48224
prescribed by or in a form acceptable to the tax commissioner. The	48225
report shall include the following information:	48226

(1) An itemized statement of the number of gallons of all	48227
motor fuel received during the preceding calendar month by such	48228
motor fuel dealer, which has been produced, refined, prepared,	48229
distilled, manufactured, blended, or compounded by such motor fuel	48230
dealer in the state;	48231

(2) An itemized statement of the number of gallons of all	48232
motor fuel received by such motor fuel dealer in the state from	48233
any source during the preceding calendar month, other than motor	48234
fuel included in division (A)(1) of this section, together with a	48235
statement showing the date of receipt of such motor fuel; the name	48236
of the person from whom purchased or received; the date of receipt	48237
of each shipment of motor fuel; the point of origin and the point	48238
of destination of each shipment; the quantity of each of said	48239
purchases or shipments; the name of the carrier; the number of	48240
gallons contained in each car if shipped by rail; the point of	48241
origin, destination, and shipper if shipped by pipe line; or the	48242
name and owner of the boat, barge, or vessel if shipped by water;	48243

(3) An itemized statement of the number of gallons of motor	48244
fuel which such motor fuel dealer has during the preceding	48245
calendar month:	48246

(a) For motor fuel other than gasoline sold for use other	48247
than for operating motor vehicles on the public highways or on	48248
waters within the boundaries of this state;	48249

(b) Exported from this state to any other state or foreign	48250
country as provided in division (A)(3) of section 5735.05 of the	48251
Revised Code;	48252

(c) Sold to the United States government or any of its	48253
agencies;	48254

(d) Sold for delivery to motor fuel dealers;

48255

(e) Sold exclusively for use in the operation of aircraft;

48256

(4) Such other information incidental to the enforcement of	48257
the motor fuel laws of the state as the commissioner requires.	48258

(B) The report shall show the tax due, computed as follows:

48259

(1) The following deductions shall be made from the total	48260
number of gallons of motor fuel received by the motor fuel dealer	48261
within the state during the preceding calendar month:	48262

(a) The total number of gallons of motor fuel received by	48263
the motor fuel dealer within the state and sold or otherwise	48264
disposed of during the preceding calendar month as set forth in	48265
section 5735.05 of the Revised Code;	48266

(b) The total number of gallons received during the	48267
preceding calendar month and sold or otherwise disposed of to	48268
another licensed motor fuel dealer pursuant to section 5735.05 of	48269
the Revised Code;	48270

(c) To cover the costs of the motor fuel dealer in compiling	48271
the report, and evaporation, shrinkage, or other unaccounted-for	48272
losses:	48273

(i) If the report is timely filed and the tax is timely	48274
paid, three per cent of the total number of gallons of motor fuel	48275
received by the motor fuel dealer within the state during the	48276
preceding calendar month less the total number of gallons deducted	48277
under divisions (B)(1)(a) and (b) of this section, less one per	48278
cent of the total number of gallons of motor fuel that were sold	48279
to a retail dealer during the preceding calendar month;	48280

(ii) If the report required by division (A) of this section	48281
is not timely filed and the tax is not timely paid, no deduction	48282
shall be allowed;	48283

(iii) If the report is incomplete, no deduction shall be	48284
allowed for any fuel on which the tax is not timely reported and	48285
paid;	48286

(2) The number of gallons remaining after the deductions	48287
have been made shall be multiplied separately by each of the	48288
following amounts:	48289

(a) The cents per gallon rate;

48290

(b) Two cents.

48291

The sum of the products obtained in divisions (B)(2)(a) and	48292
(b) of this section shall be the amount of motor fuel tax for the	48293
preceding calendar month.	48294

(C) The report shall be filed together with payment of the	48295
tax shown on the report to be due, unless the motor fuel dealer is	48296
required by section 5735.062 of the Revised Code to pay the tax by	48297
electronic funds transfer, in which case the dealer shall file the	48298
report pursuant to this section and pay the tax pursuant to	48299
section 5735.062 of the Revised Code. The commissioner may extend	48300
the time for filing reports and may remit all or part of penalties	48301
which may become due under sections 5735.01 to 5735.99 of the	48302
Revised Code. ~~The treasurer of state shall stamp or otherwise mark~~	48303
~~on all returns the date received by the treasurer and shall also~~	48304
~~show thereon by stamp or otherwise the amount of payment received~~	48305
~~for the month for which the report is filed. Thereafter, the~~	48306
~~treasurer of state shall immediately transmit all reports filed~~	48307
~~under this section to the commissioner.~~ For purposes of this	48308
section and sections 5735.062 and 5735.12 of the Revised Code, a	48309
report required to be filed under this section is considered filed	48310
when it is received by the ~~treasurer of state~~ tax commissioner,	48311
and remittance of the tax due is considered to be made when the	48312
remittance is received by the ~~treasurer of state~~ tax commissioner	48313
or when credited to an account designated by the treasurer of	48314
state and the tax commissioner for the receipt of tax remittances.	48315
The tax commissioner shall immediately forward to the treasurer of	48316
state all amounts received under this section.	48317

(D) The tax commissioner may require a motor fuel dealer to	48318
file a report for a period other than one month. Such a report,	48319
together with payment of the tax, shall be filed not later than	48320
thirty days after the last day of the prescribed reporting period.	48321

(E) No person required by this section to file a tax report	48322
shall file a false or fraudulent tax report or supporting	48323
schedule.	48324

Sec. 5735.061. (A) By the fifteenth day of June of 1988,	48325
1989, 1990, 1991, 1992, and 1993, the tax commissioner shall	48326
certify to each dealer the following:	48327

(1) The cents per gallon rate computed for the period that	48328
begins on the first day of July of the current year pursuant to	48329
section 5735.011 of the Revised Code;	48330

(2) The difference between the cents per gallon rate	48331
presently in effect and the cents per gallon rate referred to in	48332
division (A)(1) of this section.	48333

(B) By the thirty-first day of July of each year each motor	48334
fuel dealer shall file with the ~~treasurer of state~~ tax	48335
commissioner, on forms prescribed by the commissioner, a report	48336
signed by the motor fuel dealer showing the total number of	48337
gallons of all motor fuel that is held in the inventory of such	48338
motor fuel dealer as of the beginning of business on the first day	48339
of July of such year and on which the motor fuel tax has been	48340
paid.	48341

(C) If the cents per gallon rate referred to in division	48342
(A)(1) of this section is greater than the cents per gallon rate	48343
it replaced, each motor fuel dealer shall pay to the ~~treasurer of~~	48344
~~state~~ tax commissioner, upon the filing of the report under	48345
division (B) of this section, an amount equal to the product	48346
obtained by multiplying the gallonage referred to in division (B)	48347
of this section by the cents per gallon rate difference referred	48348
to in division (A)(2) of this section. ~~Taxes collected pursuant to~~	48349
The tax commissioner shall immediately forward to the treasurer of	48350
state all money collected under this section, and such money shall	48351
be treated as revenue arising from the tax levied pursuant to	48352
section 5735.05 of the Revised Code.	48353

(D) If the cents per gallon rate referred to in division	48354
(A)(1) of this section is lower than the cents per gallon rate it	48355
replaced, each motor fuel dealer shall be entitled to a refund in	48356
an amount equal to the product obtained by multiplying the	48357
gallonage referred to in division (B) of this section by the cents	48358
per gallon rate difference referred to in division (A)(2) of this	48359
section. Within forty-five days from the date the motor fuel	48360
dealer files a report pursuant to division (B) of this section,	48361
the tax commissioner shall certify the amount of the refund to the	48362
director of budget and management and treasurer of state for	48363
payment from the tax refund fund created by section 5703.052 of	48364
the Revised Code.	48365

Sec. 5739.01. As used in this chapter:

48366

(A) "Person" includes individuals, receivers, assignees,	48367
trustees in bankruptcy, estates, firms, partnerships,	48368
associations, joint-stock companies, joint ventures, clubs,	48369
societies, corporations, the state and its political subdivisions,	48370
and combinations of individuals of any form.	48371

(B) "Sale" and "selling" include all of the following	48372
transactions for a consideration in any manner, whether absolutely	48373
or conditionally, whether for a price or rental, in money or by	48374
exchange, and by any means whatsoever:	48375

(1) All transactions by which title or possession, or both,	48376
of tangible personal property, is or is to be transferred, or a	48377
license to use or consume tangible personal property is or is to	48378
be granted;	48379

(2) All transactions by which lodging by a hotel is or is to	48380
be furnished to transient guests;	48381

(3) All transactions by which:

48382

(a) An item of tangible personal property is or is to be	48383
repaired, except property, the purchase of which would be exempt	48384
from the tax imposed by section 5739.02 of the Revised Code;	48385

(b) An item of tangible personal property is or is to be	48386
installed, except property, the purchase of which would be exempt	48387
from the tax imposed by section 5739.02 of the Revised Code or	48388
property that is or is to be incorporated into and will become a	48389
part of a production, transmission, transportation, or	48390
distribution system for the delivery of a public utility service;	48391

(c) The service of washing, cleaning, waxing, polishing, or	48392
painting a motor vehicle is or is to be furnished;	48393

(d) Industrial laundry cleaning services are or are to be	48394
provided;	48395

(e) Automatic data processing, computer services, or	48396
electronic information services are or are to be provided for use	48397
in business when the true object of the transaction is the receipt	48398
by the consumer of automatic data processing, computer services,	48399
or electronic information services rather than the receipt of	48400
personal or professional services to which automatic data	48401
processing, computer services, or electronic information services	48402
are incidental or supplemental. Notwithstanding any other	48403
provision of this chapter, such transactions that occur between	48404
members of an affiliated group are not sales. An affiliated group	48405
means two or more persons related in such a way that one person	48406
owns or controls the business operation of another member of the	48407
group. In the case of corporations with stock, one corporation	48408
owns or controls another if it owns more than fifty per cent of	48409
the other corporation's common stock with voting rights.	48410

(f) Telecommunications service is provided that originates	48411
or terminates in this state and is charged in the records of the	48412
telecommunications service vendor to the consumer's telephone	48413
number or account in this state, or that both originates and	48414
terminates in this state; but does not include transactions by	48415
which telecommunications service is paid for by using a prepaid	48416
authorization number or prepaid telephone calling card, or by	48417
which local telecommunications service is obtained from a	48418
coin-operated telephone and paid for by using coin;	48419

(g) Landscaping and lawn care service is or is to be	48420
provided;	48421

(h) Private investigation and security service is or is to	48422
be provided;	48423

(i) Information services or tangible personal property is	48424
provided or ordered by means of a nine hundred telephone call;	48425

(j) Building maintenance and janitorial service is or is to	48426
be provided;	48427

(k) Employment service is or is to be provided;

48428

(l) Employment placement service is or is to be provided;

48429

(m) Exterminating service is or is to be provided;

48430

(n) Physical fitness facility service is or is to be	48431
provided;	48432

(o) Recreation and sports club service is or is to be	48433
provided.	48434

(4) All transactions by which printed, imprinted,	48435
overprinted, lithographic, multilithic, blueprinted, photostatic,	48436
or other productions or reproductions of written or graphic matter	48437
are or are to be furnished or transferred;	48438

(5) The production or fabrication of tangible personal	48439
property for a consideration for consumers who furnish either	48440
directly or indirectly the materials used in the production of	48441
fabrication work; and include the furnishing, preparing, or	48442
serving for a consideration of any tangible personal property	48443
consumed on the premises of the person furnishing, preparing, or	48444
serving such tangible personal property. Except as provided in	48445
section 5739.03 of the Revised Code, a construction contract	48446
pursuant to which tangible personal property is or is to be	48447
incorporated into a structure or improvement on and becoming a	48448
part of real property is not a sale of such tangible personal	48449
property. The construction contractor is the consumer of such	48450
tangible personal property, provided that the sale and	48451
installation of carpeting, the sale and installation of	48452
agricultural land tile, the sale and erection or installation of	48453
portable grain bins, or the provision of landscaping and lawn care	48454
service and the transfer of property as part of such service is	48455
never a construction contract. The transfer of copyrighted motion	48456
picture films for exhibition purposes is not a sale, except such	48457
films as are used solely for advertising purposes. Other than as	48458
provided in this section, "sale" and "selling" do not include	48459
professional, insurance, or personal service transactions ~~which~~	48460
that involve the transfer of tangible personal property as an	48461
inconsequential element, for which no separate charges are made.	48462

As used in division (B)(5) of this section:

48463

(a) "Agricultural land tile" means fired clay or concrete	48464
tile, or flexible or rigid perforated plastic pipe or tubing,	48465
incorporated or to be incorporated into a subsurface drainage	48466
system appurtenant to land used or to be used directly in	48467
production by farming, agriculture, horticulture, or floriculture.	48468
The term does not include such materials when they are or are to	48469
be incorporated into a drainage system appurtenant to a building	48470
or structure even if the building or structure is used or to be	48471
used in such production.	48472

(b) "Portable grain bin" means a structure that is used or	48473
to be used by a person engaged in farming or agriculture to	48474
shelter the person's grain and that is designed to be disassembled	48475
without significant damage to its component parts.	48476

(6) All transactions in which all of the shares of stock of	48477
a closely held corporation are transferred, if the corporation is	48478
not engaging in business and its entire assets consist of boats,	48479
planes, motor vehicles, or other tangible personal property	48480
operated primarily for the use and enjoyment of the shareholders;	48481

(7) All transactions in which a warranty, maintenance or	48482
service contract, or similar agreement by which the vendor of the	48483
warranty, contract, or agreement agrees to repair or maintain the	48484
tangible personal property of the consumer is or is to be	48485
provided;	48486

(8) All transactions by which a prepaid authorization number	48487
or a prepaid telephone calling card is or is to be transferred.	48488

(C) "Vendor" means the person providing the service or by	48489
whom the transfer effected or license given by a sale is or is to	48490
be made or given and, for sales described in division (B)(3)(i) of	48491
this section, the telecommunications service vendor that provides	48492
the nine hundred telephone service; if two or more persons are	48493
engaged in business at the same place of business under a single	48494
trade name in which all collections on account of sales by each	48495
are made, such persons shall constitute a single vendor.	48496

Physicians, dentists, hospitals, and veterinarians who are	48497
engaged in selling tangible personal property as received from	48498
others, such as eyeglasses, mouthwashes, dentifrices, or similar	48499
articles, are vendors. Veterinarians who are engaged in	48500
transferring to others for a consideration drugs, the dispensing	48501
of which does not require an order of a licensed veterinarian or	48502
physician under federal law, are vendors.	48503

(D)(1) "Consumer" means the person for whom the service is	48504
provided, to whom the transfer effected or license given by a sale	48505
is or is to be made or given, to whom the service described in	48506
division (B)(3)(f) or (i) of this section is charged, or to whom	48507
the admission is granted.	48508

(2) Physicians, dentists, hospitals, and blood banks	48509
operated by nonprofit institutions and persons licensed to	48510
practice veterinary medicine, surgery, and dentistry are consumers	48511
of all tangible personal property and services purchased by them	48512
in connection with the practice of medicine, dentistry, the	48513
rendition of hospital or blood bank service, or the practice of	48514
veterinary medicine, surgery, and dentistry. In addition to being	48515
consumers of drugs administered by them or by their assistants	48516
according to their direction, veterinarians also are consumers of	48517
drugs that under federal law may be dispensed only by or upon the	48518
order of a licensed veterinarian or physician, when transferred by	48519
them to others for a consideration to provide treatment to animals	48520
as directed by the veterinarian.	48521

(3) A person who performs a facility management, or similar	48522
service contract for a contractee is a consumer of all tangible	48523
personal property and services purchased for use in connection	48524
with the performance of such contract, regardless of whether title	48525
to any such property vests in the contractee. The purchase of	48526
such property and services is not subject to the exception for	48527
resale under division (E)(1) of this section.	48528

(4)(a) In the case of a person who purchases printed matter	48529
for the purpose of distributing it or having it distributed to the	48530
public or to a designated segment of the public, free of charge,	48531
that person is the consumer of that printed matter, and the	48532
purchase of that printed matter for that purpose is a sale.	48533

(b) In the case of a person who produces, rather than	48534
purchases, printed matter for the purpose of distributing it or	48535
having it distributed to the public or to a designated segment of	48536
the public, free of charge, that person is the consumer of all	48537
tangible personal property and services purchased for use or	48538
consumption in the production of that printed matter. That person	48539
is not entitled to claim exception under division (E)(8) of this	48540
section for any material incorporated into the printed matter or	48541
any equipment, supplies, or services primarily used to produce the	48542
printed matter.	48543

(c) The distribution of printed matter to the public or to a	48544
designated segment of the public, free of charge, is not a sale to	48545
the members of the public to whom the printed matter is	48546
distributed or to any persons who purchase space in the printed	48547
matter for advertising or other purposes.	48548

(5) A person who makes sales of any of the services listed	48549
in division (B)(3) of this section is the consumer of any tangible	48550
personal property used in performing the service. The purchase of	48551
that property is not subject to the resale exception under	48552
division (E)(1) of this section.	48553

(E) "Retail sale" and "sales at retail" include all sales	48554
except those in which the purpose of the consumer is:	48555

(1) To resell the thing transferred or benefit of the	48556
service provided, by a person engaging in business, in the form in	48557
which the same is, or is to be, received by the person;	48558

(2) To incorporate the thing transferred as a material or a	48559
part, into tangible personal property to be produced for sale by	48560
manufacturing, assembling, processing, or refining, or to use or	48561
consume the thing transferred directly in producing a product for	48562
sale by mining, including without limitation the extraction from	48563
the earth of all substances ~~which~~ that are classed geologically as	48564
minerals, production of crude oil and natural gas, farming,	48565
agriculture, horticulture, or floriculture, and persons engaged in	48566
rendering farming, agricultural, horticultural, or floricultural	48567
services, and services in the exploration for, and production of,	48568
crude oil and natural gas, for others are deemed engaged directly	48569
in farming, agriculture, horticulture, and floriculture, or	48570
exploration for, and production of, crude oil and natural gas;	48571
directly in the rendition of a public utility service, except that	48572
the sales tax levied by section 5739.02 of the Revised Code shall	48573
be collected upon all meals, drinks, and food for human	48574
consumption sold upon Pullman and railroad coaches. This	48575
paragraph does not exempt or except from "retail sale" or "sales	48576
at retail" the sale of tangible personal property that is to be	48577
incorporated into a structure or improvement to real property.	48578

(3) To hold the thing transferred as security for the	48579
performance of an obligation of the vendor;	48580

(4) To use or consume the thing transferred in the process	48581
of reclamation as required by Chapters 1513. and 1514. of the	48582
Revised Code;	48583

(5) To resell, hold, use, or consume the thing transferred	48584
as evidence of a contract of insurance;	48585

(6) To use or consume the thing directly in commercial	48586
fishing;	48587

(7) To incorporate the thing transferred as a material or a	48588
part into, or to use or consume the thing transferred directly in	48589
the production of, magazines distributed as controlled circulation	48590
publications;	48591

(8) To use or consume the thing transferred in the	48592
production and preparation in suitable condition for market and	48593
sale of printed, imprinted, overprinted, lithographic,	48594
multilithic, blueprinted, photostatic, or other productions or	48595
reproductions of written or graphic matter;	48596

(9) To use the thing transferred, as described in section	48597
5739.011 of the Revised Code, primarily in a manufacturing	48598
operation to produce tangible personal property for sale;	48599

(10) To use the benefit of a warranty, maintenance or	48600
service contract, or similar agreement, as defined in division	48601
(B)(7) of this section, to repair or maintain tangible personal	48602
property, if all of the property that is the subject of the	48603
warranty, contract, or agreement would be exempt on its purchase	48604
from the tax imposed by section 5739.02 of the Revised Code;	48605

(11) To use the thing transferred as qualified research and	48606
development equipment;	48607

(12) To use or consume the thing transferred primarily in	48608
storing, transporting, mailing, or otherwise handling purchased	48609
sales inventory in a warehouse, distribution center, or similar	48610
facility when the inventory is primarily distributed outside this	48611
state to retail stores of the person who owns or controls the	48612
warehouse, distribution center, or similar facility, to retail	48613
stores of an affiliated group of which that person is a member, or	48614
by means of direct marketing. Division (E)(12) of this section	48615
does not apply to motor vehicles registered for operation on the	48616
public highways. As used in division (E)(12) of this section,	48617
"affiliated group" has the same meaning as in division (B)(3)(e)	48618
of this section and "direct marketing" has the same meaning as in	48619
division (B)(37) of section 5739.02 of the Revised Code.	48620

(13) To use or consume the thing transferred to fulfill a	48621
contractual obligation incurred by a warrantor pursuant to a	48622
warranty provided as a part of the price of the tangible personal	48623
property sold or by a vendor of a warranty, maintenance or service	48624
contract, or similar agreement the provision of which is defined	48625
as a sale under division (B)(7) of this section;	48626

(14) To use or consume the thing transferred in the	48627
production of a newspaper for distribution to the public;	48628

(15) To use tangible personal property to perform a service	48629
listed in division (B)(3) of this section, if the property is or	48630
is to be permanently transferred to the consumer of the service as	48631
an integral part of the performance of the service.	48632

As used in division (E) of this section, "thing" includes all	48633
transactions included in divisions (B)(3)(a), (b), and (e) of this	48634
section.	48635

Sales conducted through a coin-operated device that activates	48636
vacuum equipment or equipment that dispenses water, whether or not	48637
in combination with soap or other cleaning agents or wax, to the	48638
consumer for the consumer's use on the premises in washing,	48639
cleaning, or waxing a motor vehicle, provided no other personal	48640
property or personal service is provided as part of the	48641
transaction, are not retail sales or sales at retail.	48642

(F) "Business" includes any activity engaged in by any	48643
person with the object of gain, benefit, or advantage, either	48644
direct or indirect. "Business" does not include the activity of a	48645
person in managing and investing the person's own funds.	48646

(G) "Engaging in business" means commencing, conducting, or	48647
continuing in business, and liquidating a business when the	48648
liquidator thereof holds ~~self~~ itself out to the public as	48649
conducting such business. Making a casual sale is not engaging in	48650
business.	48651

(H)(1) "Price," except as provided in divisions (H)(2) and	48652
(3) of this section, means the aggregate value in money of	48653
anything paid or delivered, or promised to be paid or delivered,	48654
in the complete performance of a retail sale, without any	48655
deduction on account of the cost of the property sold, cost of	48656
materials used, labor or service cost, interest, discount paid or	48657
allowed after the sale is consummated, or any other expense. If	48658
the retail sale consists of the rental or lease of tangible	48659
personal property, "price" means the aggregate value in money of	48660
anything paid or delivered, or promised to be paid or delivered,	48661
in the complete performance of the rental or lease, without any	48662
deduction for tax, interest, labor or service charge, damage	48663
liability waiver, termination or damage charge, discount paid or	48664
allowed after the lease is consummated, or any other expense. The	48665
sales tax shall be calculated and collected by the lessor on each	48666
payment made by the lessee. Price does not include the	48667
consideration received as a deposit refundable to the consumer	48668
upon return of a beverage container, the consideration received as	48669
a deposit on a carton or case that is used for such returnable	48670
containers, or the consideration received as a refundable security	48671
deposit for the use of tangible personal property to the extent	48672
that it actually is refunded, if the consideration for such	48673
refundable deposit is separately stated from the consideration	48674
received or to be received for the tangible personal property	48675
transferred in the retail sale. Such separation must appear in	48676
the sales agreement or on the initial invoice or initial billing	48677
rendered by the vendor to the consumer. Price is the amount	48678
received inclusive of the tax, provided the vendor establishes to	48679
the satisfaction of the tax commissioner that the tax was added to	48680
the price. When the price includes both a charge for tangible	48681
personal property and a charge for providing a service and the	48682
sale of the property and the charge for the service are separately	48683
taxable, or have a separately determinable tax status, the price	48684
shall be separately stated for each such charge so the tax can be	48685
correctly computed and charged.	48686

The tax collected by the vendor from the consumer under this	48687
chapter is not part of the price, but is a tax collection for the	48688
benefit of the state and of counties levying an additional sales	48689
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	48690
and of transit authorities levying an additional sales tax	48691
pursuant to section 5739.023 of the Revised Code. Except for the	48692
discount authorized in section 5739.12 of the Revised Code, no	48693
person other than the state or such a county or transit authority	48694
shall derive any benefit from the collection or payment of such	48695
tax.	48696

(2) In the case of a sale of any new motor vehicle by a new	48697
motor vehicle dealer, as defined in section 4517.01 of the Revised	48698
Code, in which another motor vehicle is accepted by the dealer as	48699
part of the consideration received, "price" has the same meaning	48700
as in division (H)(1) of this section, reduced by the credit	48701
afforded the consumer by the dealer for the motor vehicle received	48702
in trade.	48703

(3) In the case of a sale of any watercraft or outboard	48704
motor by a watercraft dealer licensed in accordance with section	48705
1547.543 of the Revised Code, in which another watercraft,	48706
watercraft and trailer, or outboard motor is accepted by the	48707
dealer as part of the consideration received, "price" has the same	48708
meaning as in division (H)(1) of this section, reduced by the	48709
credit afforded the consumer by the dealer for the watercraft,	48710
watercraft and trailer, or outboard motor received in trade. As	48711
used in division (H)(3) of this section, "watercraft" includes an	48712
outdrive unit attached to the watercraft.	48713

(I) "Receipts" means the total amount of the prices of the	48714
sales of vendors, provided that cash discounts allowed and taken	48715
on sales at the time they are consummated are not included, minus	48716
any amount deducted as a bad debt pursuant to section 5739.121 of	48717
the Revised Code. "Receipts" does not include the sale price of	48718
property returned or services rejected by consumers when the full	48719
sale price and tax are refunded either in cash or by credit.	48720

(J) "Place of business" means any location at which a person	48721
engages in business.	48722

(K) "Premises" includes any real property or portion thereof	48723
upon which any person engages in selling tangible personal	48724
property at retail or making retail sales and also includes any	48725
real property or portion thereof designated for, or devoted to,	48726
use in conjunction with the business engaged in by such person.	48727

(L) "Casual sale" means a sale of an item of tangible	48728
personal property ~~which~~ that was obtained by the person making the	48729
sale, through purchase or otherwise, for the person's own use in	48730
this state and ~~which~~ was previously subject to any state's taxing	48731
jurisdiction on its sale or use, and includes such items acquired	48732
for the seller's use ~~which~~ that are sold by an auctioneer employed	48733
directly by the person for such purpose, provided the location of	48734
such sales is not the auctioneer's permanent place of business. As	48735
used in this division, "permanent place of business" includes any	48736
location where such auctioneer has conducted more than two	48737
auctions during the year.	48738

(M) "Hotel" means every establishment kept, used,	48739
maintained, advertised, or held out to the public to be a place	48740
where sleeping accommodations are offered to guests, in which five	48741
or more rooms are used for the accommodation of such guests,	48742
whether ~~such~~ the rooms are in one or several structures.	48743

(N) "Transient guests" means persons occupying a room or	48744
rooms for sleeping accommodations for less than thirty consecutive	48745
days.	48746

(O) "Making retail sales" means the effecting of	48747
transactions wherein one party is obligated to pay the price and	48748
the other party is obligated to provide a service or to transfer	48749
title to or possession of the item sold. "Making retail sales"	48750
does not include the preliminary acts of promoting or soliciting	48751
the retail sales, other than the distribution of printed matter	48752
which displays or describes and prices the item offered for sale,	48753
nor does it include delivery of a predetermined quantity of	48754
tangible personal property or transportation of property or	48755
personnel to or from a place where a service is performed,	48756
regardless of whether the vendor is a delivery vendor.	48757

(P) "Used directly in the rendition of a public utility	48758
service" means that property which is to be incorporated into and	48759
will become a part of the consumer's production, transmission,	48760
transportation, or distribution system and ~~which~~ that retains its	48761
classification as tangible personal property after such	48762
incorporation; fuel or power used in the production, transmission,	48763
transportation, or distribution system; and tangible personal	48764
property used in the repair and maintenance of the production,	48765
transmission, transportation, or distribution system, including	48766
only such motor vehicles as are specially designed and equipped	48767
for such use. Tangible personal property and services used	48768
primarily in providing highway transportation for hire are not	48769
used in providing a public utility service as defined in this	48770
division.	48771

(Q) "Refining" means removing or separating a desirable	48772
product from raw or contaminated materials by distillation or	48773
physical, mechanical, or chemical processes.	48774

(R) "Assembly" and "assembling" mean attaching or fitting	48775
together parts to form a product, but do not include packaging a	48776
product.	48777

(S) "Manufacturing operation" means a process in which	48778
materials are changed, converted, or transformed into a different	48779
state or form from which they previously existed and includes	48780
refining materials, assembling parts, and preparing raw materials	48781
and parts by mixing, measuring, blending, or otherwise committing	48782
such materials or parts to the manufacturing process.	48783
"Manufacturing operation" does not include packaging.	48784

(T) "Fiscal officer" means, with respect to a regional	48785
transit authority, the secretary-treasurer thereof, and with	48786
respect to a county ~~which~~ that is a transit authority, the fiscal	48787
officer of the county transit board if one is appointed pursuant	48788
to section 306.03 of the Revised Code or the county auditor if the	48789
board of county commissioners operates the county transit system.	48790

(U) "Transit authority" means a regional transit authority	48791
created pursuant to section 306.31 of the Revised Code or a county	48792
in which a county transit system is created pursuant to section	48793
306.01 of the Revised Code. For the purposes of this chapter, a	48794
transit authority must extend to at least the entire area of a	48795
single county. A transit authority ~~which~~ that includes territory	48796
in more than one county must include all the area of the most	48797
populous county ~~which~~ that is a part of such transit authority.	48798
County population shall be measured by the most recent census	48799
taken by the United States census bureau.	48800

(V) "Legislative authority" means, with respect to a	48801
regional transit authority, the board of trustees thereof, and	48802
with respect to a county ~~which~~ that is a transit authority, the	48803
board of county commissioners.	48804

(W) "Territory of the transit authority" means all of the	48805
area included within the territorial boundaries of a transit	48806
authority as they from time to time exist. Such territorial	48807
boundaries must at all times include all the area of a single	48808
county or all the area of the most populous county ~~which~~ that is a	48809
part of such transit authority. County population shall be	48810
measured by the most recent census taken by the United States	48811
census bureau.	48812

(X) "Providing a service" means providing or furnishing	48813
anything described in division (B)(3) of this section for	48814
consideration.	48815

(Y)(1)(a) "Automatic data processing" means processing of	48816
others' data, including keypunching or similar data entry services	48817
together with verification thereof, or providing access to	48818
computer equipment for the purpose of processing data.	48819

(b) "Computer services" means providing services consisting	48820
of specifying computer hardware configurations and evaluating	48821
technical processing characteristics, computer programming, and	48822
training of computer programmers and operators, provided in	48823
conjunction with and to support the sale, lease, or operation of	48824
taxable computer equipment or systems.	48825

(c) "Electronic information services" means providing access	48826
to computer equipment by means of telecommunications equipment for	48827
the purpose of either of the following:	48828

(i) Examining or acquiring data stored in or accessible to	48829
the computer equipment;	48830

(ii) Placing data into the computer equipment to be	48831
retrieved by designated recipients with access to the computer	48832
equipment.	48833

(d) "Automatic data processing, computer services, or	48834
electronic information services" shall not include personal or	48835
professional services.	48836

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	48837
section, "personal and professional services" means all services	48838
other than automatic data processing, computer services, or	48839
electronic information services, including but not limited to:	48840

(a) Accounting and legal services such as advice on tax	48841
matters, asset management, budgetary matters, quality control,	48842
information security, and auditing and any other situation where	48843
the service provider receives data or information and studies,	48844
alters, analyzes, interprets, or adjusts such material;	48845

(b) Analyzing business policies and procedures;

48846

48847

(d) Feasibility studies, including economic and technical	48848
analysis of existing or potential computer hardware or software	48849
needs and alternatives;	48850

(e) Designing policies, procedures, and custom software for	48851
collecting business information, and determining how data should	48852
be summarized, sequenced, formatted, processed, controlled, and	48853
reported so that it will be meaningful to management;	48854

(f) Developing policies and procedures that document how	48855
business events and transactions are to be authorized, executed,	48856
and controlled;	48857

(g) Testing of business procedures;

48858

(h) Training personnel in business procedure applications;

48859

(i) Providing credit information to users of such	48860
information by a consumer reporting agency, as defined in the	48861
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	48862
1681a(f), or as hereafter amended, including but not limited to	48863
gathering, organizing, analyzing, recording, and furnishing such	48864
information by any oral, written, graphic, or electronic medium;	48865

(j) Providing debt collection services by any oral, written,	48866
graphic, or electronic means.	48867

The services listed in divisions (Y)(2)(a) to (j) of this	48868
section are not automatic data processing or computer services.	48869

(Z) "Highway transportation for hire" means the	48870
transportation of personal property belonging to others for	48871
consideration by any of the following:	48872

(1) The holder of a permit or certificate issued by this	48873
state or the United States authorizing the holder to engage in	48874
transportation of personal property belonging to others for	48875
consideration over or on highways, roadways, streets, or any	48876
similar public thoroughfare;	48877

(2) A person who engages in the transportation of personal	48878
property belonging to others for consideration over or on	48879
highways, roadways, streets, or any similar public thoroughfare	48880
but who could not have engaged in such transportation on December	48881
11, 1985, unless the person was the holder of a permit or	48882
certificate of the types described in division (Z)(1) of this	48883
section;	48884

(3) A person who leases a motor vehicle to and operates it	48885
for a person described by division (Z)(1) or (2) of this section.	48886

(AA) "Telecommunications service" means the transmission of	48887
any interactive, two-way electromagnetic communications, including	48888
voice, image, data, and information, through the use of any medium	48889
such as wires, cables, microwaves, cellular radio, radio waves,	48890
light waves, or any combination of those or similar media.	48891
"Telecommunications service" includes message toll service even	48892
though the vendor provides the message toll service by means of	48893
wide area transmission type service or private communications	48894
service purchased from another telecommunications service	48895
provider, but does not include any of the following:	48896

(1) Sales of incoming or outgoing wide area transmission	48897
service or wide area transmission type service, including eight	48898
hundred or eight-hundred-type service, to the person contracting	48899
for the receipt of that service;	48900

(2) Sales of private communications service to the person	48901
contracting for the receipt of that service that entitles the	48902
purchaser to exclusive or priority use of a communications channel	48903
or group of channels between exchanges;	48904

(3) Sales of telecommunications service by companies subject	48905
to the excise tax imposed by Chapter 5727. of the Revised Code;	48906

(4) Sales of telecommunications service to a provider of	48907
telecommunications service, including access services, for use in	48908
providing telecommunications service;	48909

(5) Value-added nonvoice services in which computer	48910
processing applications are used to act on the form, content,	48911
code, or protocol of the information to be transmitted;	48912

(6) Transmission of interactive video programming by a cable	48913
television system as defined in section 505.90 of the Revised	48914
Code.	48915

(BB) "Industrial laundry cleaning services" means removing	48916
soil or dirt from or supplying towels, linens, or articles of	48917
clothing that belong to others and are used in a trade or	48918
business.	48919

(CC) "Magazines distributed as controlled circulation	48920
publications" means magazines containing at least twenty-four	48921
pages, at least twenty-five per cent editorial content, issued at	48922
regular intervals four or more times a year, and circulated	48923
without charge to the recipient, provided that such magazines are	48924
not owned or controlled by individuals or business concerns which	48925
conduct such publications as an auxiliary to, and essentially for	48926
the advancement of the main business or calling of, those who own	48927
or control them.	48928

(DD) "Landscaping and lawn care service" means the services	48929
of planting, seeding, sodding, removing, cutting, trimming,	48930
pruning, mulching, aerating, applying chemicals, watering,	48931
fertilizing, and providing similar services to establish, promote,	48932
or control the growth of trees, shrubs, flowers, grass, ground	48933
cover, and other flora, or otherwise maintaining a lawn or	48934
landscape grown or maintained by the owner for ornamentation or	48935
other nonagricultural purpose. However, "landscaping and lawn	48936
care service" does not include the providing of such services by a	48937
person who has less than five thousand dollars in sales of such	48938
services during the calendar year.	48939

(EE) "Private investigation and security service" means the	48940
performance of any activity for which the provider of such service	48941
is required to be licensed pursuant to Chapter 4749. of the	48942
Revised Code, or would be required to be so licensed in performing	48943
such services in this state, and also includes the services of	48944
conducting polygraph examinations and of monitoring or overseeing	48945
the activities on or in, or the condition of, the consumer's home,	48946
business, or other facility by means of electronic or similar	48947
monitoring devices. "Private investigation and security service"	48948
does not include special duty services provided by off-duty police	48949
officers, deputy sheriffs, and other peace officers regularly	48950
employed by the state or a political subdivision.	48951

(FF) "Information services" means providing conversation,	48952
giving consultation or advice, playing or making a voice or other	48953
recording, making or keeping a record of the number of callers,	48954
and any other service provided to a consumer by means of a nine	48955
hundred telephone call, except when the nine hundred telephone	48956
call is the means by which the consumer makes a contribution to a	48957
recognized charity.	48958

(GG) "Research and development" means designing, creating,	48959
or formulating new or enhanced products, equipment, or	48960
manufacturing processes, and conducting scientific or	48961
technological inquiry and experimentation in the physical sciences	48962
with the goal of increasing scientific knowledge which may reveal	48963
the bases for new or enhanced products, equipment, or	48964
manufacturing processes.	48965

(HH) "Qualified research and development equipment" means	48966
capitalized tangible personal property, and leased personal	48967
property that would be capitalized if purchased, used by a person	48968
primarily to perform research and development. Tangible personal	48969
property primarily used in testing, as defined in division (A)(4)	48970
of section 5739.011 of the Revised Code, or used for recording or	48971
storing test results, is not qualified research and development	48972
equipment unless such property is primarily used by the consumer	48973
in testing the product, equipment, or manufacturing process being	48974
created, designed, or formulated by the consumer in the research	48975
and development activity or in recording or storing such test	48976
results.	48977

(II) "Building maintenance and janitorial service" means	48978
cleaning the interior or exterior of a building and any tangible	48979
personal property located therein or thereon, including any	48980
services incidental to such cleaning for which no separate charge	48981
is made. However, "building maintenance and janitorial service"	48982
does not include the providing of such service by a person who has	48983
less than five thousand dollars in sales of such service during	48984
the calendar year.	48985

(JJ) "Employment service" means providing or supplying	48986
personnel, on a temporary or long-term basis, to perform work or	48987
labor under the supervision or control of another, when the	48988
personnel so supplied receive their wages, salary, or other	48989
compensation from the provider of the service. "Employment	48990
service" does not include:	48991

(1) Acting as a contractor or subcontractor, where the	48992
personnel performing the work are not under the direct control of	48993
the purchaser.	48994

(2) Medical and health care services.

48995

(3) Supplying personnel to a purchaser pursuant to a	48996
contract of at least one year between the service provider and the	48997
purchaser that specifies that each employee covered under the	48998
contract is assigned to the purchaser on a permanent basis.	48999

(4) Transactions between members of an affiliated group, as	49000
defined in division (B)(3)(e) of this section.	49001

(KK) "Employment placement service" means locating or	49002
finding employment for a person or finding or locating an employee	49003
to fill an available position.	49004

(LL) "Exterminating service" means eradicating or attempting	49005
to eradicate vermin infestations from a building or structure, or	49006
the area surrounding a building or structure, and includes	49007
activities to inspect, detect, or prevent vermin infestation of a	49008
building or structure.	49009

(MM) "Physical fitness facility service" means all	49010
transactions by which a membership is granted, maintained, or	49011
renewed, including initiation fees, membership dues, renewal fees,	49012
monthly minimum fees, and other similar fees and dues, by a	49013
physical fitness facility such as an athletic club, health spa, or	49014
gymnasium, which entitles the member to use the facility for	49015
physical exercise.	49016

(NN) "Recreation and sports club service" means all	49017
transactions by which a membership is granted, maintained, or	49018
renewed, including initiation fees, membership dues, renewal fees,	49019
monthly minimum fees, and other similar fees and dues, by a	49020
recreation and sports club, which entitles the member to use the	49021
facilities of the organization. "Recreation and sports club"	49022
means an organization that has ownership of, or controls or leases	49023
on a continuing, long-term basis, the facilities used by its	49024
members and includes an aviation club, gun or shooting club, yacht	49025
club, card club, swimming club, tennis club, golf club, country	49026
club, riding club, amateur sports club, or similar organization.	49027

(OO) "Livestock" means farm animals commonly raised for food	49028
or food production, and includes but is not limited to cattle,	49029
sheep, goats, swine, and poultry. "Livestock" does not include	49030
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	49031
animals for use in laboratories or for exhibition, or other	49032
animals not commonly raised for food or food production.	49033

(PP) "Livestock structure" means a building or structure	49034
used exclusively for the housing, raising, feeding, or sheltering	49035
of livestock, and includes feed storage or handling structures and	49036
structures for livestock waste handling.	49037

(QQ) "Horticulture" means the growing, cultivation, and	49038
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	49039
and nursery stock. As used in this division, "nursery stock" has	49040
the same meaning as in section 927.51 of the Revised Code.	49041

(RR) "Horticulture structure" means a building or structure	49042
used exclusively for the commercial growing, raising, or	49043
overwintering of horticultural products, and includes the area	49044
used for stocking, storing, and packing horticultural products	49045
when done in conjunction with the production of those products.	49046

(SS) "Newspaper" means an unbound publication bearing a	49047
title or name that is regularly published, at least as frequently	49048
as biweekly, and distributed from a fixed place of business to the	49049
public in a specific geographic area, and that contains a	49050
substantial amount of news matter of international, national, or	49051
local events of interest to the general public.	49052

(TT) "Professional racing team" means a person that employs	49053
at least twenty full-time employees for the purpose of conducting	49054
a motor vehicle racing business for profit. The person must	49055
conduct the business with the purpose of racing one or more motor	49056
racing vehicles in at least ten competitive professional racing	49057
events each year that comprise all or part of a motor racing	49058
series sanctioned by one or more motor racing sanctioning	49059
organizations. A "motor racing vehicle" means a vehicle for which	49060
the chassis, engine, and parts are designed exclusively for motor	49061
racing, and does not include a stock or production model vehicle	49062
that may be modified for use in racing. For the purposes of this	49063
division:	49064

(1) A "competitive professional racing event" is a motor	49065
vehicle racing event sanctioned by one or more motor racing	49066
sanctioning organizations, at which aggregate cash prizes in	49067
excess of eight hundred thousand dollars are awarded to the	49068
competitors.	49069

(2) "Full-time employee" means an individual who is employed	49070
for consideration for thirty-five or more hours a week, or who	49071
renders any other standard of service generally accepted by custom	49072
or specified by contract as full-time employment.	49073

(UU)(1) "Prepaid authorization number" means a numeric or	49074
alphanumeric combination that represents a prepaid account that	49075
can be used by the account holder solely to obtain	49076
telecommunications service, and includes any renewals or increases	49077
in the prepaid account.	49078

(2) "Prepaid telephone calling card" means a tangible item	49079
that contains a prepaid authorization number that can be used	49080
solely to obtain telecommunications service, and includes any	49081
renewals or increases in the prepaid account.	49082

Sec. 5739.02. For the purpose of providing revenue with	49083
which to meet the needs of the state, for the use of the general	49084
revenue fund of the state, for the purpose of securing a thorough	49085
and efficient system of common schools throughout the state, for	49086
the purpose of affording revenues, in addition to those from	49087
general property taxes, permitted under constitutional	49088
limitations, and from other sources, for the support of local	49089
governmental functions, and for the purpose of reimbursing the	49090
state for the expense of administering this chapter, an excise tax	49091
is hereby levied on each retail sale made in this state.	49092

(A) The tax shall be collected pursuant to the schedules in	49093
section 5739.025 of the Revised Code.	49094

The tax applies and is collectible when the sale is made,	49095
regardless of the time when the price is paid or delivered.	49096

In the case of a sale, the price of which consists in whole	49097
or in part of rentals for the use of the thing transferred, the	49098
tax, as regards such rentals, shall be measured by the	49099
installments thereof.	49100

In the case of a sale of a service defined under division	49101
(MM) or (NN) of section 5739.01 of the Revised Code, the price of	49102
which consists in whole or in part of a membership for the receipt	49103
of the benefit of the service, the tax applicable to the sale	49104
shall be measured by the installments thereof.	49105

(B) The tax does not apply to the following:

49106

(1) Sales to the state or any of its political subdivisions,	49107
or to any other state or its political subdivisions if the laws of	49108
that state exempt from taxation sales made to this state and its	49109
political subdivisions;	49110

(2) Sales of food for human consumption off the premises	49111
where sold;	49112

(3) Sales of food sold to students only in a cafeteria,	49113
dormitory, fraternity, or sorority maintained in a private,	49114
public, or parochial school, college, or university;	49115

(4) Sales of newspapers, and of magazine subscriptions	49116
shipped by second class mail, and sales or transfers of magazines	49117
distributed as controlled circulation publications;	49118

(5) The furnishing, preparing, or serving of meals without	49119
charge by an employer to an employee provided the employer records	49120
the meals as part compensation for services performed or work	49121
done;	49122

(6) Sales of motor fuel upon receipt, use, distribution, or	49123
sale of which in this state a tax is imposed by the law of this	49124
state, but this exemption shall not apply to the sale of motor	49125
fuel on which a refund of the tax is allowable under section	49126
5735.14 of the Revised Code; and the tax commissioner may deduct	49127
the amount of tax levied by this section applicable to the price	49128
of motor fuel when granting a refund of motor fuel tax pursuant to	49129
section 5735.14 of the Revised Code and shall cause the amount	49130
deducted to be paid into the general revenue fund of this state;	49131

(7) Sales of natural gas by a natural gas company, of water	49132
by a water-works company, or of steam by a heating company, if in	49133
each case the thing sold is delivered to consumers through pipes	49134
or conduits, and all sales of communications services by a	49135
telephone or telegraph company, all terms as defined in section	49136
5727.01 of the Revised Code;	49137

(8) Casual sales by a person, or auctioneer employed	49138
directly by the person to conduct such sales, except as to such	49139
sales of motor vehicles, watercraft or outboard motors required to	49140
be titled under section 1548.06 of the Revised Code, watercraft	49141
documented with the United States coast guard, snowmobiles, and	49142
all-purpose vehicles as defined in section 4519.01 of the Revised	49143
Code;	49144

(9) Sales of services or tangible personal property, other	49145
than motor vehicles, mobile homes, and manufactured homes, by	49146
churches, organizations exempt from taxation under section	49147
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	49148
organizations operated exclusively for charitable purposes as	49149
defined in division (B)(12) of this section, provided that the	49150
number of days on which such tangible personal property or	49151
services, other than items never subject to the tax, are sold does	49152
not exceed six in any calendar year. If the number of days on	49153
which such sales are made exceeds six in any calendar year, the	49154
church or organization shall be considered to be engaged in	49155
business and all subsequent sales by it shall be subject to the	49156
tax. In counting the number of days, all sales by groups within a	49157
church or within an organization shall be considered to be sales	49158
of that church or organization, except that sales made by separate	49159
student clubs and other groups of students of a primary or	49160
secondary school, and sales made by a parent-teacher association,	49161
booster group, or similar organization that raises money to	49162
support or fund curricular or extracurricular activities of a	49163
primary or secondary school, shall not be considered to be sales	49164
of such school, and sales by each such club, group, association,	49165
or organization shall be counted separately for purposes of the	49166
six-day limitation. This division does not apply to sales by a	49167
noncommercial educational radio or television broadcasting	49168
station.	49169

(10) Sales not within the taxing power of this state under	49170
the Constitution of the United States;	49171

(11) The transportation of persons or property, unless the	49172
transportation is by a private investigation and security service;	49173

(12) Sales of tangible personal property or services to	49174
churches, to organizations exempt from taxation under section	49175
501(c)(3) of the Internal Revenue Code of 1986, and to any other	49176
nonprofit organizations operated exclusively for charitable	49177
purposes in this state, no part of the net income of which inures	49178
to the benefit of any private shareholder or individual, and no	49179
substantial part of the activities of which consists of carrying	49180
on propaganda or otherwise attempting to influence legislation;	49181
sales to offices administering one or more homes for the aged or	49182
one or more hospital facilities exempt under section 140.08 of the	49183
Revised Code; and sales to organizations described in division (D)	49184
of section 5709.12 of the Revised Code.	49185

"Charitable purposes" means the relief of poverty; the	49186
improvement of health through the alleviation of illness, disease,	49187
or injury; the operation of an organization exclusively for the	49188
provision of professional, laundry, printing, and purchasing	49189
services to hospitals or charitable institutions; the operation of	49190
a home for the aged, as defined in section 5701.13 of the Revised	49191
Code; the operation of a radio or television broadcasting station	49192
that is licensed by the federal communications commission as a	49193
noncommercial educational radio or television station; the	49194
operation of a nonprofit animal adoption service or a county	49195
humane society; the promotion of education by an institution of	49196
learning that maintains a faculty of qualified instructors,	49197
teaches regular continuous courses of study, and confers a	49198
recognized diploma upon completion of a specific curriculum; the	49199
operation of a parent-teacher association, booster group, or	49200
similar organization primarily engaged in the promotion and	49201
support of the curricular or extracurricular activities of a	49202
primary or secondary school; the operation of a community or area	49203
center in which presentations in music, dramatics, the arts, and	49204
related fields are made in order to foster public interest and	49205
education therein; the production of performances in music,	49206
dramatics, and the arts; or the promotion of education by an	49207
organization engaged in carrying on research in, or the	49208
dissemination of, scientific and technological knowledge and	49209
information primarily for the public.	49210

Nothing in this division shall be deemed to exempt sales to	49211
any organization for use in the operation or carrying on of a	49212
trade or business, or sales to a home for the aged for use in the	49213
operation of independent living facilities as defined in division	49214
(A) of section 5709.12 of the Revised Code.	49215

(13) Building and construction materials and services sold	49216
to construction contractors for incorporation into a structure or	49217
improvement to real property under a construction contract with	49218
this state or a political subdivision thereof, or with the United	49219
States government or any of its agencies; building and	49220
construction materials and services sold to construction	49221
contractors for incorporation into a structure or improvement to	49222
real property that are accepted for ownership by this state or any	49223
of its political subdivisions, or by the United States government	49224
or any of its agencies at the time of completion of such	49225
structures or improvements; building and construction materials	49226
sold to construction contractors for incorporation into a	49227
horticulture structure or livestock structure for a person engaged	49228
in the business of horticulture or producing livestock; building	49229
materials and services sold to a construction contractor for	49230
incorporation into a house of public worship or religious	49231
education, or a building used exclusively for charitable purposes	49232
under a construction contract with an organization whose purpose	49233
is as described in division (B)(12) of this section; building	49234
materials and services sold to a construction contractor for	49235
incorporation into a building under a construction contract with	49236
an organization exempt from taxation under section 501(c)(3) of	49237
the Internal Revenue Code of 1986 when the building is to be used	49238
exclusively for the organization's exempt purposes; building and	49239
construction materials sold for incorporation into the original	49240
construction of a sports facility under section 307.696 of the	49241
Revised Code; and building and construction materials and services	49242
sold to a construction contractor for incorporation into real	49243
property outside this state if such materials and services, when	49244
sold to a construction contractor in the state in which the real	49245
property is located for incorporation into real property in that	49246
state, would be exempt from a tax on sales levied by that state;	49247

(14) Sales of ships or vessels or rail rolling stock used or	49248
to be used principally in interstate or foreign commerce, and	49249
repairs, alterations, fuel, and lubricants for such ships or	49250
vessels or rail rolling stock;	49251

(15) Sales to persons engaged in any of the activities	49252
mentioned in division (E)(2) or (9) of section 5739.01 of the	49253
Revised Code, to persons engaged in making retail sales, or to	49254
persons who purchase for sale from a manufacturer tangible	49255
personal property that was produced by the manufacturer in	49256
accordance with specific designs provided by the purchaser, of	49257
packages, including material, labels, and parts for packages, and	49258
of machinery, equipment, and material for use primarily in	49259
packaging tangible personal property produced for sale, including	49260
any machinery, equipment, and supplies used to make labels or	49261
packages, to prepare packages or products for labeling, or to	49262
label packages or products, by or on the order of the person doing	49263
the packaging, or sold at retail. "Packages" includes bags,	49264
baskets, cartons, crates, boxes, cans, bottles, bindings,	49265
wrappings, and other similar devices and containers, and	49266
"packaging" means placing therein.	49267

(16) Sales of food to persons using food stamp ~~coupons~~	49268
benefits to purchase the food. As used in division (B)(16) of	49269
this section, "food" has the same meaning as in the "Food Stamp	49270
Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	49271
regulations adopted pursuant to that act.	49272

(17) Sales to persons engaged in farming, agriculture,	49273
horticulture, or floriculture, of tangible personal property for	49274
use or consumption directly in the production by farming,	49275
agriculture, horticulture, or floriculture of other tangible	49276
personal property for use or consumption directly in the	49277
production of tangible personal property for sale by farming,	49278
agriculture, horticulture, or floriculture; or material and parts	49279
for incorporation into any such tangible personal property for use	49280
or consumption in production; and of tangible personal property	49281
for such use or consumption in the conditioning or holding of	49282
products produced by and for such use, consumption, or sale by	49283
persons engaged in farming, agriculture, horticulture, or	49284
floriculture, except where such property is incorporated into real	49285
property;	49286

(18) Sales of drugs dispensed by a licensed pharmacist upon	49287
the order of a licensed health professional authorized to	49288
prescribe drugs to a human being, as the term "licensed health	49289
professional authorized to prescribe drugs" is defined in section	49290
4729.01 of the Revised Code; insulin as recognized in the official	49291
United States pharmacopoeia; urine and blood testing materials	49292
when used by diabetics or persons with hypoglycemia to test for	49293
glucose or acetone; hypodermic syringes and needles when used by	49294
diabetics for insulin injections; epoetin alfa when purchased for	49295
use in the treatment of persons with end-stage renal disease;	49296
hospital beds when purchased for use by persons with medical	49297
problems for medical purposes; and oxygen and oxygen-dispensing	49298
equipment when purchased for use by persons with medical problems	49299
for medical purposes;	49300

(19) Sales of artificial limbs or portion thereof, breast	49301
prostheses, and other prosthetic devices for humans; braces or	49302
other devices for supporting weakened or nonfunctioning parts of	49303
the human body; wheelchairs; devices used to lift wheelchairs into	49304
motor vehicles and parts and accessories to such devices; crutches	49305
or other devices to aid human perambulation; and items of tangible	49306
personal property used to supplement impaired functions of the	49307
human body such as respiration, hearing, or elimination. No	49308
exemption under this division shall be allowed for nonprescription	49309
drugs, medicines, or remedies; items or devices used to supplement	49310
vision; items or devices whose function is solely or primarily	49311
cosmetic; or physical fitness equipment. This division does not	49312
apply to sales to a physician or medical facility for use in the	49313
treatment of a patient.	49314

(20) Sales of emergency and fire protection vehicles and	49315
equipment to nonprofit organizations for use solely in providing	49316
fire protection and emergency services, including trauma care and	49317
emergency medical services, for political subdivisions of the	49318
state;	49319

(21) Sales of tangible personal property manufactured in	49320
this state, if sold by the manufacturer in this state to a	49321
retailer for use in the retail business of the retailer outside of	49322
this state and if possession is taken from the manufacturer by the	49323
purchaser within this state for the sole purpose of immediately	49324
removing the same from this state in a vehicle owned by the	49325
purchaser;	49326

(22) Sales of services provided by the state or any of its	49327
political subdivisions, agencies, instrumentalities, institutions,	49328
or authorities, or by governmental entities of the state or any of	49329
its political subdivisions, agencies, instrumentalities,	49330
institutions, or authorities;	49331

(23) Sales of motor vehicles to nonresidents of this state	49332
upon the presentation of an affidavit executed in this state by	49333
the nonresident purchaser affirming that the purchaser is a	49334
nonresident of this state, that possession of the motor vehicle is	49335
taken in this state for the sole purpose of immediately removing	49336
it from this state, that the motor vehicle will be permanently	49337
titled and registered in another state, and that the motor vehicle	49338
will not be used in this state;	49339

(24) Sales to persons engaged in the preparation of eggs for	49340
sale of tangible personal property used or consumed directly in	49341
such preparation, including such tangible personal property used	49342
for cleaning, sanitizing, preserving, grading, sorting, and	49343
classifying by size; packages, including material and parts for	49344
packages, and machinery, equipment, and material for use in	49345
packaging eggs for sale; and handling and transportation equipment	49346
and parts therefor, except motor vehicles licensed to operate on	49347
public highways, used in intraplant or interplant transfers or	49348
shipment of eggs in the process of preparation for sale, when the	49349
plant or plants within or between which such transfers or	49350
shipments occur are operated by the same person. "Packages"	49351
includes containers, cases, baskets, flats, fillers, filler flats,	49352
cartons, closure materials, labels, and labeling materials, and	49353
"packaging" means placing therein.	49354

(25)(a) Sales of water to a consumer for residential use,	49355
except the sale of bottled water, distilled water, mineral water,	49356
carbonated water, or ice;	49357

(b) Sales of water by a nonprofit corporation engaged	49358
exclusively in the treatment, distribution, and sale of water to	49359
consumers, if such water is delivered to consumers through pipes	49360
or tubing.	49361

(26) Fees charged for inspection or reinspection of motor	49362
vehicles under section 3704.14 of the Revised Code;	49363

(27) Sales to persons licensed to conduct a food service	49364
operation pursuant to section 3717.43 of the Revised Code, of	49365
tangible personal property primarily used directly for the	49366
following:	49367

(a) To prepare food for human consumption for sale;

49368

(b) To preserve food that has been or will be prepared for	49369
human consumption for sale by the food service operator, not	49370
including tangible personal property used to display food for	49371
selection by the consumer;	49372

(c) To clean tangible personal property used to prepare or	49373
serve food for human consumption for sale.	49374

(28) Sales of animals by nonprofit animal adoption services	49375
or county humane societies;	49376

(29) Sales of services to a corporation described in	49377
division (A) of section 5709.72 of the Revised Code, and sales of	49378
tangible personal property that qualifies for exemption from	49379
taxation under section 5709.72 of the Revised Code;	49380

(30) Sales and installation of agricultural land tile, as	49381
defined in division (B)(5)(a) of section 5739.01 of the Revised	49382
Code;	49383

(31) Sales and erection or installation of portable grain	49384
bins, as defined in division (B)(5)(b) of section 5739.01 of the	49385
Revised Code;	49386

(32) The sale, lease, repair, and maintenance of, parts for,	49387
or items attached to or incorporated in, motor vehicles that are	49388
primarily used for transporting tangible personal property by a	49389
person engaged in highway transportation for hire;	49390

(33) Sales to the state headquarters of any veterans'	49391
organization in Ohio that is either incorporated and issued a	49392
charter by the congress of the United States or is recognized by	49393
the United States veterans administration, for use by the	49394
headquarters;	49395

(34) Sales to a telecommunications service vendor of	49396
tangible personal property and services used directly and	49397
primarily in transmitting, receiving, switching, or recording any	49398
interactive, two-way electromagnetic communications, including	49399
voice, image, data, and information, through the use of any	49400
medium, including, but not limited to, poles, wires, cables,	49401
switching equipment, computers, and record storage devices and	49402
media, and component parts for the tangible personal property.	49403
The exemption provided in division (B)(34) of this section shall	49404
be in lieu of all other exceptions under division (E)(2) of	49405
section 5739.01 of the Revised Code to which a telecommunications	49406
service vendor may otherwise be entitled based upon the use of the	49407
thing purchased in providing the telecommunications service.	49408

(35) Sales of investment metal bullion and investment coins.	49409
"Investment metal bullion" means any elementary precious metal	49410
that has been put through a process of smelting or refining,	49411
including, but not limited to, gold, silver, platinum, and	49412
palladium, and which is in such state or condition that its value	49413
depends upon its content and not upon its form. "Investment metal	49414
bullion" does not include fabricated precious metal that has been	49415
processed or manufactured for one or more specific and customary	49416
industrial, professional, or artistic uses. "Investment coins"	49417
means numismatic coins or other forms of money and legal tender	49418
manufactured of gold, silver, platinum, palladium, or other metal	49419
under the laws of the United States or any foreign nation with a	49420
fair market value greater than any statutory or nominal value of	49421
such coins.	49422

(36)(a) Sales where the purpose of the consumer is to use or	49423
consume the things transferred in making retail sales and	49424
consisting of newspaper inserts, catalogues, coupons, flyers, gift	49425
certificates, or other advertising material that prices and	49426
describes tangible personal property offered for retail sale.	49427

(b) Sales to direct marketing vendors of preliminary	49428
materials such as photographs, artwork, and typesetting that will	49429
be used in printing advertising material; of printed matter that	49430
offers free merchandise or chances to win sweepstake prizes and	49431
that is mailed to potential customers with advertising material	49432
described in division (B)(36)(a) of this section; and of equipment	49433
such as telephones, computers, facsimile machines, and similar	49434
tangible personal property primarily used to accept orders for	49435
direct marketing retail sales.	49436

(c) Sales of automatic food vending machines that preserve	49437
food with a shelf life of forty-five days or less by refrigeration	49438
and dispense it to the consumer.	49439

For purposes of division (B)(36) of this section, "direct	49440
marketing" means the method of selling where consumers order	49441
tangible personal property by United States mail, delivery	49442
service, or telecommunication and the vendor delivers or ships the	49443
tangible personal property sold to the consumer from a warehouse,	49444
catalogue distribution center, or similar fulfillment facility by	49445
means of the United States mail, delivery service, or common	49446
carrier.	49447

(37) Sales to a person engaged in the business of	49448
horticulture or producing livestock of materials to be	49449
incorporated into a horticulture structure or livestock structure;	49450

(38) The sale of a motor vehicle that is used exclusively	49451
for a vanpool ridesharing arrangement to persons participating in	49452
the vanpool ridesharing arrangement when the vendor is selling the	49453
vehicle pursuant to a contract between the vendor and the	49454
department of transportation;	49455

(39) Sales of personal computers, computer monitors,	49456
computer keyboards, modems, and other peripheral computer	49457
equipment to an individual who is licensed or certified to teach	49458
in an elementary or a secondary school in this state for use by	49459
that individual in preparation for teaching elementary or	49460
secondary school students;	49461

(40) Sales to a professional racing team of any of the	49462
following:	49463

(a) Motor racing vehicles;

49464

(b) Repair services for motor racing vehicles;

49465

(c) Items of property that are attached to or incorporated	49466
in motor racing vehicles, including engines, chassis, and all	49467
other components of the vehicles, and all spare, replacement, and	49468
rebuilt parts or components of the vehicles; except not including	49469
tires, consumable fluids, paint, and accessories consisting of	49470
instrumentation sensors and related items added to the vehicle to	49471
collect and transmit data by means of telemetry and other forms of	49472
communication.	49473

(41) Sales of used manufactured homes and used mobile homes,	49474
as defined in section 5739.0210 of the Revised Code, made on or	49475
after January 1, 2000;	49476

(42) Sales of tangible personal property and services to a	49477
provider of electricity used or consumed directly and primarily in	49478
generating, transmitting, or distributing electricity for use by	49479
others, including property that is or is to be incorporated into	49480
and will become a part of the consumer's production, transmission,	49481
or distribution system and that retains its classification as	49482
tangible personal property after incorporation; fuel or power used	49483
in the production, transmission, or distribution of electricity;	49484
and tangible personal property and services used in the repair and	49485
maintenance of the production, transmission, or distribution	49486
system, including only those motor vehicles as are specially	49487
designed and equipped for such use. The exemption provided in	49488
this division shall be in lieu of all other exceptions in division	49489
(E)(2) of section 5739.01 of the Revised Code to which a provider	49490
of electricity may otherwise be entitled based on the use of the	49491
tangible personal property or service purchased in generating,	49492
transmitting, or distributing electricity.	49493

For the purpose of the proper administration of this chapter,	49494
and to prevent the evasion of the tax, it is presumed that all	49495
sales made in this state are subject to the tax until the contrary	49496
is established.	49497

As used in this section, except in division (B)(16) of this	49498
section, "food" includes cereals and cereal products, milk and	49499
milk products including ice cream, meat and meat products, fish	49500
and fish products, eggs and egg products, vegetables and vegetable	49501
products, fruits, fruit products, and pure fruit juices,	49502
condiments, sugar and sugar products, coffee and coffee	49503
substitutes, tea, and cocoa and cocoa products. It does not	49504
include: spirituous or malt liquors; soft drinks; sodas and	49505
beverages that are ordinarily dispensed at bars and soda fountains	49506
or in connection therewith, other than coffee, tea, and cocoa;	49507
root beer and root beer extracts; malt and malt extracts; mineral	49508
oils, cod liver oils, and halibut liver oil; medicines, including	49509
tonics, vitamin preparations, and other products sold primarily	49510
for their medicinal properties; and water, including mineral,	49511
bottled, and carbonated waters, and ice.	49512

(C) The levy of an excise tax on transactions by which	49513
lodging by a hotel is or is to be furnished to transient guests	49514
pursuant to this section and division (B) of section 5739.01 of	49515
the Revised Code does not prevent any of the following:	49516

(1) A municipal corporation or township from levying an	49517
excise tax for any lawful purpose not to exceed three per cent on	49518
transactions by which lodging by a hotel is or is to be furnished	49519
to transient guests in addition to the tax levied by this section.	49520
If a municipal corporation or township repeals a tax imposed under	49521
division (C)(1) of this section and a county in which the	49522
municipal corporation or township has territory has a tax imposed	49523
under division (C) of section 5739.024 of the Revised Code in	49524
effect, the municipal corporation or township may not reimpose its	49525
tax as long as that county tax remains in effect. A municipal	49526
corporation or township in which a tax is levied under division	49527
(B)(2) of section 351.021 of the Revised Code may not increase the	49528
rate of its tax levied under division (C)(1) of this section to	49529
any rate that would cause the total taxes levied under both of	49530
those divisions to exceed three per cent on any lodging	49531
transaction within the municipal corporation or township.	49532

(2) A municipal corporation or a township from levying an	49533
additional excise tax not to exceed three per cent on such	49534
transactions pursuant to division (B) of section 5739.024 of the	49535
Revised Code. Such tax is in addition to any tax imposed under	49536
division (C)(1) of this section.	49537

(3) A county from levying an excise tax pursuant to division	49538
(A) of section 5739.024 of the Revised Code.	49539

(4) A county from levying an excise tax not to exceed three	49540
per cent of such transactions pursuant to division (C) of section	49541
5739.024 of the Revised Code. Such a tax is in addition to any	49542
tax imposed under division (C)(3) of this section.	49543

(5) A convention facilities authority, as defined in	49544
division (A) of section 351.01 of the Revised Code, from levying	49545
the excise taxes provided for in division (B) of section 351.021	49546
of the Revised Code.	49547

(6) A county from levying an excise tax not to exceed one	49548
and one-half per cent of such transactions pursuant to division	49549
(D) of section 5739.024 of the Revised Code. Such tax is in	49550
addition to any tax imposed under division (C)(3) or (4) of this	49551
section.	49552

(7) A county from levying an excise tax not to exceed one	49553
and one-half per cent of such transactions pursuant to division	49554
(E) of section 5739.024 of the Revised Code. Such a tax is in	49555
addition to any tax imposed under division (C)(3), (4), or (6) of	49556
this section.	49557

(D) The levy of this tax on retail sales of recreation and	49558
sports club service shall not prevent a municipal corporation from	49559
levying any tax on recreation and sports club dues or on any	49560
income generated by recreation and sports club dues.	49561

Sec. 5739.024. (A)(1) A board of county commissioners may,	49562
by resolution adopted by a majority of the members of the board,	49563
levy an excise tax not to exceed three per cent on transactions by	49564
which lodging by a hotel is or is to be furnished to transient	49565
guests. The board shall establish all regulations necessary to	49566
provide for the administration and allocation of the tax. The	49567
regulations may prescribe the time for payment of the tax, and may	49568
provide for the imposition of a penalty or interest, or both, for	49569
late payments, provided that the penalty does not exceed ten per	49570
cent of the amount of tax due, and the rate at which interest	49571
accrues does not exceed the rate per annum prescribed pursuant to	49572
section 5703.47 of the Revised Code. Except as ~~otherwise~~ provided	49573
in divisions (A)(2) and (3) of this section, the regulations shall	49574
provide, after deducting the real and actual costs of	49575
administering the tax, for the return to each municipal	49576
corporation or township that does not levy an excise tax on such	49577
transactions, a uniform percentage of the tax collected in the	49578
municipal corporation or in the unincorporated portion of the	49579
township from each such transaction, not to exceed thirty-three	49580
and one-third per cent. The remainder of the revenue arising from	49581
the tax shall be deposited in a separate fund and shall be spent	49582
solely to make contributions to the convention and visitors'	49583
bureau operating within the county, including a pledge and	49584
contribution of any portion of such remainder pursuant to an	49585
agreement authorized by section 307.695 of the Revised Code.	49586
Except as ~~otherwise~~ provided ~~under~~ in division (A)(2) or (3) of	49587
this section, on and after May 10, 1994, a board of county	49588
commissioners may not levy an excise tax pursuant to this division	49589
in any municipal corporation or township located wholly or partly	49590
within the county that has in effect an ordinance or resolution	49591
levying an excise tax pursuant to division (B) of this section.	49592
The board of a county that has levied a tax under division (C) of	49593
this section may, by resolution adopted within ninety days after	49594
July 15, 1985, by a majority of the members of the board, amend	49595
the resolution levying a tax under this division to provide for a	49596
portion of that tax to be pledged and contributed in accordance	49597
with an agreement entered into under section 307.695 of the	49598
Revised Code. A tax, any revenue from which is pledged pursuant	49599
to such an agreement, shall remain in effect at the rate at which	49600
it is imposed for the duration of the period for which the revenue	49601
therefrom has been so pledged.	49602

(2) A board of county commissioners that levies an excise	49603
tax under division (A)(1) of this section on June 30, 1997, at a	49604
rate of three per cent, and that has pledged revenue from the tax	49605
to an agreement entered into under section 307.695 of the Revised	49606
Code, may amend the resolution levying that tax to provide for an	49607
increase in the rate of the tax up to five per cent on each	49608
transaction; to provide that revenue from the increase in the rate	49609
shall be spent solely to make contributions to the convention and	49610
visitors' bureau operating within the county to be used	49611
specifically for promotion, advertising, and marketing of the	49612
region in which the county is located; to provide that the rate in	49613
excess of the three per cent levied under division (A)(1) of this	49614
section shall remain in effect at the rate at which it is imposed	49615
for the duration of the period during which any agreement is in	49616
effect that was entered into under section 307.695 of the Revised	49617
Code by the board of county commissioners levying a tax under	49618
division (A)(1) of this section; and to provide that no portion of	49619
that revenue need be returned to townships or municipal	49620
corporations as would otherwise be required under division (A)(1)	49621
of this section.	49622

(3) A board of county commissioners that levies a tax under	49623
division (A)(1) of this section on March 18, 1999, at a rate of	49624
three per cent may, by resolution adopted not later than	49625
forty-five days after March 18, 1999, amend the resolution	49626
levying the tax to provide for all of the following:	49627

(a) That the rate of the tax shall be increased by not more	49628
than an additional four per cent on each transaction;	49629

(b) That all of the revenue from the increase in rate shall	49630
be pledged and contributed to a convention facilities authority	49631
established by the board of county commissioners under Chapter	49632
351. of the Revised Code on or before November 15, 1998, and used	49633
to pay costs of constructing, maintaining, operating, and	49634
promoting a facility in the county, including paying bonds, or	49635
notes issued in anticipation of bonds, as provided by that	49636
chapter;	49637

(c) That no portion of the revenue arising from the increase	49638
in rate need be returned to municipal corporations or townships as	49639
otherwise required under division (A)(1) of this section;	49640

(d) That the increase in rate shall not be subject to	49641
diminution by initiative or referendum or by law while any bonds,	49642
or notes in anticipation of bonds, issued by the authority under	49643
Chapter 351. of the Revised Code to which the revenue is pledged	49644
remain outstanding in accordance with their terms, unless	49645
provision is made by law or by the board of county commissioners	49646
for an adequate substitute therefor that is satisfactory to the	49647
trustee if a trust agreement secures the bonds.	49648

Division (A)(3) of this section does not apply to the board	49649
of county commissioners of any county in which a convention center	49650
or facility exists or is being constructed on November 15, 1998,	49651
or of any county in which a convention facilities authority levies	49652
a tax pursuant to section 351.021 of the Revised Code on that	49653
date.	49654

As used in division (A)(3) of this section, "costs" and	49655
"facility" have the same meanings as in section 351.01 of the	49656
Revised Code, and "convention center" has the same meaning as in	49657
section 307.695 of the Revised Code.	49658

(B) The legislative authority of a municipal corporation or	49659
the board of trustees of a township that is not wholly or partly	49660
located in a county that has in effect a resolution levying an	49661
excise tax pursuant to division (A)(1) of this section may by	49662
ordinance or resolution levy an excise tax not to exceed three per	49663
cent on transactions by which lodging by a hotel is or is to be	49664
furnished to transient guests. The legislative authority of the	49665
municipal corporation or township shall deposit at least fifty per	49666
cent of the revenue from the tax levied pursuant to this division	49667
into a separate fund, which shall be spent solely to make	49668
contributions to convention and visitors' bureaus operating within	49669
the county in which the municipal corporation or township is	49670
wholly or partly located, and the balance of such revenue shall be	49671
deposited in the general fund. The municipal corporation or	49672
township shall establish all regulations necessary to provide for	49673
the administration and allocation of the tax. The regulations may	49674
prescribe the time for payment of the tax, and may provide for the	49675
imposition of a penalty or interest, or both, for late payments,	49676
provided that the penalty does not exceed ten per cent of the	49677
amount of tax due, and the rate at which interest accrues does not	49678
exceed the rate per annum prescribed pursuant to section 5703.47	49679
of the Revised Code. The levy of a tax under this division is in	49680
addition to any tax imposed on the same transaction by a municipal	49681
corporation or a township as authorized by division (C)(1) of	49682
section 5739.02 of the Revised Code.	49683

(C) For the purpose of making the payments authorized by	49684
section 307.695 of the Revised Code to construct and equip a	49685
convention center in the county and to cover the costs of	49686
administering the tax, a board of county commissioners of a county	49687
where a tax imposed under division (A)(1) of this section is in	49688
effect may, by resolution adopted within ninety days after July	49689
15, 1985, by a majority of the members of the board, levy an	49690
additional excise tax not to exceed three per cent on transactions	49691
by which lodging by a hotel is or is to be furnished to transient	49692
guests. The tax authorized by this division shall be in addition	49693
to any tax that is levied pursuant to division (A) of this	49694
section, but it shall not apply to transactions subject to a tax	49695
levied by a municipal corporation or township pursuant to the	49696
authorization granted by division (C)(1) of section 5739.02 of the	49697
Revised Code. The board shall establish all regulations necessary	49698
to provide for the administration and allocation of the tax. The	49699
regulations may prescribe the time for payment of the tax, and may	49700
provide for the imposition of a penalty or interest, or both, for	49701
late payments, provided that the penalty does not exceed ten per	49702
cent of the amount of tax due, and the rate at which interest	49703
accrues does not exceed the rate per annum prescribed pursuant to	49704
section 5703.47 of the Revised Code. All revenues arising from	49705
the tax shall be expended in accordance with section 307.695 of	49706
the Revised Code. A tax imposed under this section shall remain	49707
in effect at the rate at which it is imposed for the duration of	49708
the period for which the revenue therefrom has been pledged	49709
pursuant to such section.	49710

(D) For the purpose of providing contributions under	49711
division (B)(1) of section 307.671 of the Revised Code to enable	49712
the acquisition, construction, and equipping of a port authority	49713
educational and cultural facility in the county and, to the extent	49714
provided for in the cooperative agreement authorized by that	49715
section, for the purpose of paying debt service charges on bonds,	49716
or notes in anticipation thereof, described in division (B)(1)(b)	49717
of that section, a board of county commissioners, by resolution	49718
adopted within ninety days after December 22, 1992, by a majority	49719
of the members of the board, may levy an additional excise tax not	49720
to exceed one and one-half per cent on transactions by which	49721
lodging by a hotel is or is to be furnished to transient guests.	49722
The excise tax authorized by this division shall be in addition to	49723
any tax that is levied pursuant to divisions (A), (B), and (C) of	49724
this section, to any excise tax levied pursuant to division (C) of	49725
section 5739.02 of the Revised Code, and to any excise tax levied	49726
pursuant to section 351.021 of the Revised Code. The board of	49727
county commissioners shall establish all regulations necessary to	49728
provide for the administration and allocation of the tax that are	49729
not inconsistent with this section or section 307.671 of the	49730
Revised Code. The regulations may prescribe the time for payment	49731
of the tax, and may provide for the imposition of a penalty or	49732
interest, or both, for late payments, provided that the penalty	49733
does not exceed ten per cent of the amount of tax due, and the	49734
rate at which interest accrues does not exceed the rate per annum	49735
prescribed pursuant to section 5703.47 of the Revised Code. All	49736
revenues arising from the tax shall be expended in accordance with	49737
section 307.671 of the Revised Code and division (D) of this	49738
section. The levy of a tax imposed under this section may not	49739
commence prior to the first day of the month next following the	49740
execution of the cooperative agreement authorized by section	49741
307.671 of the Revised Code by all parties to that agreement. Such	49742
tax shall remain in effect at the rate at which it is imposed for	49743
the period of time described in division (C) of section 307.671 of	49744
the Revised Code for which the revenue from the tax has been	49745
pledged by the county to the corporation pursuant to such section,	49746
but, to any extent provided for in the cooperative agreement, for	49747
no lesser period than the period of time required for payment of	49748
the debt service charges on bonds, or notes in anticipation	49749
thereof, described in division (B)(1)(b) of that section.	49750

(E) For the purpose of paying the costs of acquiring,	49751
constructing, equipping, and improving a municipal educational and	49752
cultural facility, including debt service charges on bonds	49753
provided for in division (B) of section 307.672 of the Revised	49754
Code, and for such additional purposes as are determined by the	49755
county in the resolution levying the tax or amendments thereto,	49756
including subsequent amendments providing for paying costs of	49757
acquiring, constructing, renovating, rehabilitating, equipping,	49758
and improving a port authority educational and cultural performing	49759
arts facility, as defined in section 307.674 of the Revised Code,	49760
including debt service charges on bonds provided for in division	49761
(B) of section 307.674 of the Revised Code, the legislative	49762
authority of a county, by resolution adopted within ninety days	49763
after June 30, 1993, by a majority of the members of the	49764
legislative authority, may levy an additional excise tax not to	49765
exceed one and one-half per cent on transactions by which lodging	49766
by a hotel is or is to be furnished to transient guests. The	49767
excise tax authorized by this division shall be in addition to any	49768
tax that is levied pursuant to divisions (A), (B), (C), and (D) of	49769
this section, to any excise tax levied pursuant to division (C) of	49770
section 5739.02 of the Revised Code, and to any excise tax levied	49771
pursuant to section 351.021 of the Revised Code. The legislative	49772
authority of the county shall establish all regulations necessary	49773
to provide for the administration and allocation of the tax. The	49774
regulations may prescribe the time for payment of the tax, and may	49775
provide for the imposition of a penalty or interest, or both, for	49776
late payments, provided that the penalty does not exceed ten per	49777
cent of the amount of tax due, and the rate at which interest	49778
accrues does not exceed the rate per annum prescribed pursuant to	49779
section 5703.47 of the Revised Code. All revenues arising from the	49780
tax shall be expended in accordance with section 307.672 of the	49781
Revised Code and division (E) of this section. The levy of a tax	49782
imposed under this division shall not commence prior to the first	49783
day of the month next following the execution of the cooperative	49784
agreement authorized by section 307.672 of the Revised Code by all	49785
parties to that agreement. Such tax shall remain in effect at the	49786
rate at which it is imposed for the period of time determined by	49787
the legislative authority of the county, but not to exceed fifteen	49788
years.	49789

(F) The legislative authority of a county that has levied a	49790
tax under division (E) of this section may, by resolution adopted	49791
within one hundred eighty days after ~~the effective date of this~~	49792
~~amendment~~ January 4, 2001, by a majority of the members of the	49793
legislative authority, amend the resolution levying a tax under	49794
division (E) of this section to provide for the use of the	49795
proceeds of that tax, to the extent that it is no longer needed	49796
for its original purpose as determined by the parties to a	49797
cooperative agreement amendment pursuant to division (D) of	49798
section 307.672 of the Revised Code, to pay costs of acquiring,	49799
constructing, renovating, rehabilitating, equipping, and improving	49800
a port authority educational and cultural performing arts	49801
facility, including debt service charges on bonds provided for in	49802
division (B) of section 307.674 of the Revised Code, and to pay	49803
all obligations under any guaranty agreements, reimbursement	49804
agreements, or other credit enhancement agreements described in	49805
division (C) of section 307.674 of the Revised Code. The	49806
resolution may also provide for the extension of the tax at the	49807
same rate for the longer of the period of time determined by the	49808
legislative authority of the county, but not to exceed an	49809
additional twenty-five years, or the period of time required to	49810
pay all debt service charges on bonds provided for in division (B)	49811
of section 307.672 of the Revised Code and on port authority	49812
revenue bonds provided for in division (B) of section 307.674 of	49813
the Revised Code. All revenues arising from the amendment and	49814
extension of the tax shall be expended in accordance with section	49815
307.674 of the Revised Code and divisions (E) and (F) of this	49816
section.	49817

(G) For purposes of a tax levied by a county, township, or	49818
municipal corporation under this section or division (C) of	49819
section 5739.02 of the Revised Code, a board of county	49820
commissioners, board of township trustees, or the legislative	49821
authority of a municipal corporation may adopt a resolution or	49822
ordinance at any time specifying that "hotel," as otherwise	49823
defined in section 5739.01 of the Revised Code, includes	49824
establishments in which fewer than five rooms are used for the	49825
accommodation of guests. The resolution or ordinance may apply to	49826
a tax imposed pursuant to this section prior to the adoption of	49827
the resolution or ordinance if the resolution or ordinance so	49828
states, but the tax shall not apply to transactions by which	49829
lodging by such an establishment is provided to transient guests	49830
prior to the adoption of the resolution or ordinance.	49831

Sec. 5739.032. (A) If the total amount of tax required to	49832
be paid by a permit holder under section 5739.031 of the Revised	49833
Code for any calendar year indicated in the following schedule	49834
equals or exceeds the amounts prescribed for that year in the	49835
schedule, the permit holder shall remit each monthly tax payment	49836
in the second ensuing and each succeeding year by electronic funds	49837
transfer as prescribed by division (B) of this section.	49838

Year		1992		1993 through 1999	2000 and thereafter		49839
Tax payment		$1,200,000		$600,000	$60,000		49840

If a permit holder's tax payment for each of two consecutive	49841
years beginning with 2000 is less than sixty thousand dollars, the	49842
permit holder is relieved of the requirement to remit taxes by	49843
electronic funds transfer for the year that next follows the	49844
second of the consecutive years in which the tax payment is less	49845
than sixty thousand dollars, and is relieved of that requirement	49846
for each succeeding year unless the tax payment in a subsequent	49847
year equals or exceeds sixty thousand dollars.	49848

The tax commissioner shall notify each permit holder required	49849
to remit taxes by electronic funds transfer of the permit holder's	49850
obligation to do so, shall maintain an updated list of those	49851
permit holders, and shall timely certify the list and any	49852
additions thereto or deletions therefrom to the treasurer of	49853
state. Failure by the tax commissioner to notify a permit holder	49854
subject to this section to remit taxes by electronic funds	49855
transfer does not relieve the permit holder of its obligation to	49856
remit taxes by electronic funds transfer.	49857

(B) Permit holders required by division (A) of this section	49858
to remit payments by electronic funds transfer shall remit such	49859
payments to the treasurer of state in the manner prescribed by	49860
rules adopted by the treasurer under section 113.061 of the	49861
Revised Code and on or before the dates specified under section	49862
5739.031 of the Revised Code. The payment of taxes by electronic	49863
funds transfer does not affect a permit holder's obligation to	49864
file the monthly return as required under section 5739.031 of the	49865
Revised Code.	49866

A permit holder required by this section to remit taxes by	49867
electronic funds transfer may apply to the treasurer of state in	49868
the manner prescribed by the treasurer to be excused from that	49869
requirement. The treasurer of state may excuse the permit holder	49870
from remittance by electronic funds transfer for good cause shown	49871
for the period of time requested by the permit holder or for a	49872
portion of that period. The treasurer shall notify the tax	49873
commissioner and the permit holder of the treasurer's decision as	49874
soon as is practicable.	49875

(C) If a permit holder required by this section to remit	49876
taxes by electronic funds transfer remits those taxes by some	49877
means other than by electronic funds transfer as prescribed by	49878
this section and the rules adopted by the treasurer of state, and	49879
the ~~treasurer~~ tax commissioner determines that such failure was	49880
not due to reasonable cause or was due to willful neglect, the	49881
~~treasurer shall notify the tax commissioner of the failure to~~	49882
~~remit by electronic funds transfer and shall provide the~~	49883
~~commissioner with any information used in making that~~	49884
~~determination. The tax~~ commissioner may collect an additional	49885
charge by assessment in the manner prescribed by section 5739.13	49886
of the Revised Code. The additional charge shall equal five per	49887
cent of the amount of the taxes required to be paid by electronic	49888
funds transfer, but shall not exceed five thousand dollars. Any	49889
additional charge assessed under this section is in addition to	49890
any other penalty or charge imposed under this chapter, and shall	49891
be considered as revenue arising from taxes imposed under this	49892
chapter. The tax commissioner may remit all or a portion of such	49893
a charge and may adopt rules governing such remission.	49894

No additional charge shall be assessed under this division	49895
against a permit holder that has been notified of its obligation	49896
to remit taxes under this section and that remits its first two	49897
tax payments after such notification by some means other than	49898
electronic funds transfer. The additional charge may be assessed	49899
upon the remittance of any subsequent tax payment that the permit	49900
holder remits by some means other than electronic funds transfer.	49901

Sec. 5739.07. (A) The tax commissioner shall refund to	49902
vendors the amount of taxes paid illegally or erroneously or paid	49903
on any illegal or erroneous assessment if the vendor has not been	49904
reimbursed from the consumer. When the illegal or erroneous	49905
payment or assessment was not paid to a vendor but was paid by the	49906
consumer directly to the treasurer of state or, an agent of the	49907
treasurer of state, the tax commissioner, or an agent of the tax	49908
commissioner, the tax commissioner shall refund to the consumer.	49909
When a refund is granted for payment of an illegal or erroneous	49910
assessment issued by the department, the refund shall include	49911
interest as provided by section 5739.132 of the Revised Code.	49912

(B) The tax commissioner may make a refund to the consumer	49913
of taxes paid illegally or erroneously if the tax has not been	49914
refunded to the vendor and any of the following circumstances	49915
apply:	49916

(1) The consumer is unable to receive a refund from the	49917
vendor because the vendor has ceased business;	49918

(2) The vendor is unable to issue a refund because of	49919
bankruptcy or similar financial condition;	49920

(3) The consumer receives a refund of the full price paid to	49921
the vendor from a manufacturer or other person, other than the	49922
vendor, as a settlement for a complaint by the consumer about the	49923
property or service purchased.	49924

(C) Applications for refund shall be filed with the tax	49925
commissioner, on the form prescribed by the tax commissioner,	49926
within four years from the date of the illegal or erroneous	49927
payment of the tax, unless the vendor or consumer waives the time	49928
limitation under division (A)(3) of section 5739.16 of the Revised	49929
Code. If the time limitation is waived, the four-year refund	49930
limitation shall be extended for the same period of time as the	49931
waiver. On the filing of an application for refund, the	49932
commissioner shall determine the amount of refund due and certify	49933
that amount to the director of budget and management and treasurer	49934
of state for payment from the tax refund fund created by section	49935
5703.052 of the Revised Code.	49936

Sec. 5739.102. A person who is liable for a tax levied under	49937
section 5739.101 of the Revised Code shall file a return with the	49938
~~treasurer of state~~ tax commissioner showing ~~his~~ the person's	49939
taxable gross receipts from sales described under division (B)(1)	49940
or (2) of that section. The tax commissioner shall prescribe the	49941
form of the return, and the six- or twelve-month reporting period.	49942
The person shall file the return on or before the last day of the	49943
month following the end of the reporting period prescribed by the	49944
commissioner, and shall include with the return payment of the tax	49945
for the period. The remittance shall be made payable to the	49946
treasurer of state.	49947

Upon receipt of a return, the ~~treasurer of state~~ tax	49948
commissioner shall credit any money included with it to the resort	49949
area excise tax fund, which is hereby created~~, and shall forward~~	49950
~~the return to the tax commissioner. The treasurer of state shall~~	49951
~~stamp or otherwise mark on the return the date it was received,~~	49952
~~and shall indicate on the return the amount of payment received~~	49953
~~with it~~. Within forty-five days after the end of each month, the	49954
commissioner shall provide for the distribution of all money paid	49955
during that month into the resort area excise tax fund to the	49956
appropriate municipal corporations and townships, after first	49957
subtracting and crediting to the general revenue fund one per cent	49958
to cover the costs of administering the excise tax.	49959

If a person liable for the tax fails to file a return or pay	49960
the tax as required under this section and the rules of the tax	49961
commissioner, he the person shall pay an additional charge of the	49962
greater of fifty dollars or ten per cent of the tax due for the	49963
return period. The additional charge shall be considered revenue	49964
arising from the tax levied under section 5739.101 of the Revised	49965
Code, and may be collected by assessment in the manner provided in	49966
section 5739.13 of the Revised Code. The tax commissioner may	49967
remit all or a portion of the charge.	49968

Sec. 5739.12. Each person who has or is required to have a	49969
vendor's license, on or before the twenty-third day of each month,	49970
shall make and file a return for the preceding month, on forms	49971
prescribed by the tax commissioner, and shall pay the tax shown on	49972
the return to be due. The return shall show the amount of tax due	49973
from the vendor to the state for the period covered by the return	49974
and such other information as the commissioner deems necessary for	49975
the proper administration of this chapter. The commissioner may	49976
extend the time for making and filing returns and paying the tax,	49977
and may require that the return for the last month of any annual	49978
or semiannual period, as determined by the commissioner, be a	49979
reconciliation return detailing the vendor's sales activity for	49980
the preceding annual or semiannual period. The reconciliation	49981
return shall be filed by the last day of the month following the	49982
last month of the annual or semiannual period. The commissioner	49983
may remit all or any part of amounts or penalties which may become	49984
due under this chapter and may adopt rules relating thereto. Such	49985
return shall be filed by mailing ~~the same~~ it to the ~~treasurer of~~	49986
~~state~~ tax commissioner, together with payment of the amount of tax	49987
shown to be due thereon after deduction of any discount provided	49988
for under this section. Remittance shall be made payable to the	49989
treasurer of state. The return shall be considered filed when	49990
received by the ~~treasurer of state~~ tax commissioner, and the	49991
payment shall be considered made when received by the ~~treasurer of~~	49992
~~state~~ tax commissioner or when credited to an account designated	49993
by the treasurer of state or the tax commissioner. If the return	49994
is filed and the amount of tax shown thereon to be due is paid on	49995
or before the date such return is required to be filed, the vendor	49996
shall be entitled to a discount of three-fourths of one per cent	49997
of the amount shown to be due on the return. Amounts paid to the	49998
clerk of courts pursuant to section 4505.06 of the Revised Code	49999
shall be subject to the three-fourths of one per cent discount.	50000
The discount shall be in consideration for prompt payment to the	50001
clerk of courts and for other services performed by the vendor in	50002
the collection of the tax.	50003

Upon application to the commissioner, a vendor who is	50004
required to file monthly returns may be relieved of the	50005
requirement to report and pay the actual tax due, provided that	50006
the vendor agrees to remit to the ~~treasurer of state~~ tax	50007
commissioner payment of not less than an amount determined by the	50008
commissioner to be the average monthly tax liability of the	50009
vendor, based upon a review of the returns or other information	50010
pertaining to such vendor for a period of not less than six months	50011
nor more than two years immediately preceding the filing of the	50012
application. Vendors who agree to the above conditions shall make	50013
and file an annual or semiannual reconciliation return, as	50014
prescribed by the commissioner. The reconciliation return shall	50015
be filed by mailing or delivering ~~the same~~ it to the ~~treasurer of~~	50016
~~state~~ tax commissioner, together with payment of the amount of tax	50017
shown to be due thereon after deduction of any discount provided	50018
in this section. Remittance shall be made payable to the treasurer	50019
of state. Failure of a vendor to comply with any of the above	50020
conditions may result in immediate reinstatement of the	50021
requirement of reporting and paying the actual tax liability on	50022
each monthly return, and the commissioner may at the	50023
commissioner's discretion deny the vendor the right to report and	50024
pay based upon the average monthly liability for a period not to	50025
exceed two years. The amount ~~determined~~ ascertained by the	50026
commissioner to be the average monthly tax liability of a vendor	50027
may be adjusted, based upon a review of the returns or other	50028
information pertaining to the vendor for a period of not less than	50029
six months nor more than two years preceding such adjustment.	50030

The commissioner may authorize vendors whose tax liability is	50031
not such as to merit monthly returns, as ~~determined~~ ascertained by	50032
the commissioner upon the basis of administrative costs to the	50033
state, to make and file returns at less frequent intervals. When	50034
returns are filed at less frequent intervals in accordance with	50035
such ~~a determination~~ authorization, the vendor shall be allowed	50036
the discount of three-fourths of one per cent in consideration for	50037
prompt payment with the return, provided the return is filed	50038
together with payment of the amount of tax shown to be due	50039
thereon, at the time specified by the commissioner.	50040

~~The treasurer of state shall stamp or otherwise mark on all~~	50041
~~returns the date received by the treasurer of state and shall also~~	50042
~~show thereon by stamp or otherwise the amount of payment received~~	50043
~~for the period for which the return is filed. Thereafter, the~~	50044
~~treasurer of state shall immediately transmit all returns filed~~	50045
~~under this section to the commissioner.~~ Any vendor who fails to	50046
file a return or pay the full amount of the tax shown on the	50047
return to be due under this section and the rules of the	50048
commissioner may, for each such return the vendor fails to file or	50049
each such tax the vendor fails to pay in full as shown on the	50050
return within the period prescribed by this section and the rules	50051
of the commissioner, be required to forfeit and pay into the state	50052
treasury an additional charge not exceeding fifty dollars or ten	50053
per cent of the tax required to be paid for the reporting period,	50054
whichever is greater, as revenue arising from the tax imposed by	50055
this chapter, and such sum may be collected by assessment in the	50056
manner provided in section 5739.13 of the Revised Code. The	50057
commissioner may remit all or a portion of the additional charge	50058
and may adopt rules relating to the imposition and remission of	50059
the additional charge.	50060

If the amount required to be collected by a vendor from	50061
consumers is in excess of five per cent of the vendor's receipts	50062
from sales which are taxable under section 5739.02 of the Revised	50063
Code, or in the case of sales subject to a tax levied pursuant to	50064
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in	50065
excess of the percentage equal to the aggregate rate of such taxes	50066
and the tax levied by section 5739.02 of the Revised Code, such	50067
excess shall be remitted along with the remittance of the amount	50068
of tax due under section 5739.10 of the Revised Code.	50069

The commissioner, if the commissioner deems it necessary in	50070
order to insure the payment of the tax imposed by this chapter,	50071
may require returns and payments to be made for other than monthly	50072
periods. The returns shall be signed by the vendor or the	50073
vendor's authorized agent.	50074

Any vendor required to file a return and pay the tax under	50075
this section whose total payment in any year indicated in division	50076
(A) of section 5739.122 of the Revised Code equals or exceeds the	50077
amount shown in that division shall make each payment required by	50078
this section in the second ensuing and each succeeding year by	50079
electronic funds transfer as prescribed by section 5739.122 of the	50080
Revised Code, except as otherwise prescribed by that section.	50081

Sec. 5739.121. As used in this section, "bad debt" means any	50082
debt that has become worthless or uncollectible in the time period	50083
between a vendor's preceding return and the present return, have	50084
been uncollected for at least six months, and that may be claimed	50085
as a deduction pursuant to the "Internal Revenue Code of 1954,"	50086
68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted	50087
pursuant thereto, or that could be claimed as such a deduction if	50088
the vendor kept accounts on an accrual basis. "Bad debt" does not	50089
include any interest or sales tax on the purchase price,	50090
uncollectible amounts on property that remains in the possession	50091
of the vendor until the full purchase price is paid, expenses	50092
incurred in attempting to collect any account receivable or for	50093
any portion of the debt recovered, any accounts receivable that	50094
have been sold to a third party for collection, and repossessed	50095
property.	50096

In computing taxable receipts for purposes of this chapter, a	50097
vendor may deduct the amount of bad debts, as defined in this	50098
section. The amount deducted must be charged off as uncollectible	50099
on the books of the vendor. A deduction may be claimed only with	50100
respect to bad debts on which the taxes pursuant to sections	50101
5739.10 and 5739.12 of the Revised Code were paid in a preceding	50102
tax period. If the vendor's business consists of taxable and	50103
nontaxable transactions, the deduction shall equal the full amount	50104
of the debt if the debt is documented as a taxable transaction in	50105
the vendor's records. If no such documentation is available, the	50106
maximum deduction on any bad debt shall equal the amount of the	50107
bad debt multiplied by the quotient obtained by dividing the sales	50108
taxed pursuant to this chapter during the preceding calendar year	50109
by all sales during the preceding calendar year, whether taxed or	50110
not. If a consumer or other person pays all or part of a bad debt	50111
with respect to which a vendor claimed a deduction under this	50112
section, the vendor shall be liable for the amount of taxes	50113
deducted in connection with that portion of the debt for which	50114
payment is received and shall remit such taxes in ~~his~~ the vendor's	50115
next payment to the ~~treasurer of state~~ tax commissioner.	50116

Any claim for a bad debt deduction under this section shall	50117
be supported by such evidence as the tax commissioner by rule	50118
requires. The commissioner shall review any change in the rate of	50119
taxation applicable to any taxable sales by a vendor claiming a	50120
deduction pursuant to this section and adopt rules for altering	50121
the deduction in the event of such a change in order to ensure	50122
that the deduction on any bad debt does not result in the vendor	50123
claiming the deduction recovering any more or less than the taxes	50124
imposed on the sale that constitutes the bad debt.	50125

Sec. 5739.13. (A) If any vendor collects the tax imposed by	50126
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	50127
the Revised Code, and fails to remit the tax to the state as	50128
prescribed, or on the sale of a motor vehicle, watercraft, or	50129
outboard motor required to be titled, fails to remit payment to a	50130
clerk of a court of common pleas as provided in section 1548.06 or	50131
4505.06 of the Revised Code, the vendor shall be personally liable	50132
for any tax collected and not remitted. The tax commissioner may	50133
make an assessment against such vendor based upon any information	50134
in the commissioner's possession.	50135

If any vendor fails to collect the tax or any consumer fails	50136
to pay the tax imposed by or pursuant to section 5739.02,	50137
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	50138
transaction subject to the tax, the vendor or consumer shall be	50139
personally liable for the amount of the tax applicable to the	50140
transaction. The commissioner may make an assessment against	50141
either the vendor or consumer, as the facts may require, based	50142
upon any information in the commissioner's possession.	50143

An assessment against a vendor when the tax imposed by or	50144
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	50145
the Revised Code has not been collected or paid, shall not	50146
discharge the purchaser's or consumer's liability to reimburse the	50147
vendor for the tax applicable to such transaction.	50148

An assessment issued against either, pursuant to this	50149
section, shall not be considered an election of remedies, nor a	50150
bar to an assessment against the other for the tax applicable to	50151
the same transaction, provided that no assessment shall be issued	50152
against any person for the tax due on a particular transaction if	50153
the tax on that transaction actually has been paid by another.	50154

The commissioner may make an assessment against any vendor	50155
who fails to file a return or remit the proper amount of tax	50156
required by this chapter, or against any consumer who fails to pay	50157
the proper amount of tax required by this chapter. When	50158
information in the possession of the commissioner indicates that	50159
the amount required to be collected or paid under this chapter is	50160
greater than the amount remitted by the vendor or paid by the	50161
consumer, the commissioner may audit a sample of the vendor's	50162
sales or the consumer's purchases for a representative period, to	50163
ascertain the per cent of exempt or taxable transactions or the	50164
effective tax rate and may issue an assessment based on the audit.	50165
The commissioner shall make a good faith effort to reach agreement	50166
with the vendor or consumer in selecting a representative sample	50167
period.	50168

The tax commissioner may make an assessment, based on any	50169
information in his possession, against any person who fails to	50170
file a return or remit the proper amount of tax required by	50171
section 5739.102 of the Revised Code.	50172

The tax commissioner may issue an assessment on any	50173
transaction for which any tax imposed under this chapter or	50174
Chapter 5741. of the Revised Code was due and unpaid on the date	50175
the vendor or consumer was informed by an agent of the tax	50176
commissioner of an investigation or audit. If the vendor or	50177
consumer remits any payment of the tax for the period covered by	50178
the assessment after the vendor or consumer was informed of the	50179
investigation or audit, the payment shall be credited against the	50180
amount of the assessment.	50181

The commissioner shall give the party assessed written notice	50182
of the assessment as provided in section 5703.37 of the Revised	50183
Code.	50184

(B) Unless the party to whom the notice of assessment is	50185
directed files with the commissioner within sixty days after	50186
service of the notice of assessment, either personally or by	50187
certified mail, a petition for reassessment in writing, signed by	50188
the party assessed, or by the party's authorized agent having	50189
knowledge of the facts, the assessment shall become final and the	50190
amount of the assessment shall be due ~~and payable~~ from the party	50191
assessed and payable to the treasurer of state and remitted to the	50192
tax commissioner. The petition shall indicate the objections of	50193
the party assessed, but additional objections may be raised in	50194
writing if received prior to the date shown on the final	50195
determination by the commissioner.	50196

Unless the petitioner waives a hearing, the commissioner	50197
shall assign a time and place for the hearing on the petition and	50198
notify the petitioner of the time and place of the hearing by	50199
personal service or certified mail, but the commissioner may	50200
continue the hearing from time to time if necessary.	50201

The commissioner may make such correction to the assessment	50202
as the commissioner finds proper. The commissioner shall serve a	50203
copy of the commissioner's final determination on the petitioner	50204
by personal service or certified mail, and the commissioner's	50205
decision in the matter shall be final, subject to appeal as	50206
provided in section 5717.02 of the Revised Code. Only objections	50207
decided on the merits by the board of tax appeals or a court shall	50208
be given collateral estoppel or res judicata effect in considering	50209
an application for refund of amounts paid pursuant to the	50210
assessment.	50211

(C) After an assessment becomes final, if any portion of the	50212
assessment remains unpaid, including accrued interest, a certified	50213
copy of the commissioner's entry making the assessment final may	50214
be filed in the office of the clerk of the court of common pleas	50215
in the county in which the place of business of the party assessed	50216
is located or the county in which the party assessed resides. If	50217
the party assessed maintains no place of business in this state	50218
and is not a resident of this state, the certified copy of the	50219
entry may be filed in the office of the clerk of the court of	50220
common pleas of Franklin county.	50221

The clerk, immediately upon the filing of such entry, shall	50222
enter a judgment for the state against the party assessed in the	50223
amount shown on the entry. The judgment may be filed by the clerk	50224
in a loose-leaf book entitled "special judgments for state,	50225
county, and transit authority retail sales tax" or, if	50226
appropriate, "special judgments for resort area excise tax," and	50227
shall have the same effect as other judgments. Execution shall	50228
issue upon the judgment upon the request of the tax commissioner,	50229
and all laws applicable to sales on execution shall apply to sales	50230
made under the judgment except as otherwise provided in this	50231
chapter.	50232

The portion of the assessment not paid within sixty days	50233
after the date the assessment was issued shall bear interest at	50234
the rate per annum prescribed by section 5703.47 of the Revised	50235
Code from the day the tax commissioner issues the assessment until	50236
the assessment is paid. Interest shall be paid in the same manner	50237
as the tax and may be collected by issuing an assessment under	50238
this section.	50239

(D) All money collected by the commissioner under this	50240
section shall be paid to the treasurer of state, and when paid	50241
shall be considered as revenue arising from the taxes imposed by	50242
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	50243

Sec. 5739.18. On the first business day of each week, each	50244
county auditor shall make in triplicate a list showing the names	50245
of all vendors licensed in ~~his~~ the auditor's county during the	50246
preceding week pursuant to sections 5739.01 to 5739.31~~, inclusive,~~	50247
of the Revised Code, and such other information as to each,	50248
available from the records in ~~his~~ the auditor's office, as the tax	50249
commissioner prescribes, and shall immediately certify one of such	50250
lists to the commissioner, one to the treasurer of state, and one	50251
to the county treasurer. The commissioner shall keep an	50252
alphabetical index of such licensees so certified to ~~him~~ the	50253
commissioner but he may delete therefrom the names of those	50254
persons whose licenses have been cancelled.	50255

Sec. 5741.10. The tax commissioner shall refund to sellers	50256
the amount of tax levied pursuant to section 5741.02, 5741.021,	50257
5741.022, or 5741.023 of the Revised Code paid on any illegal or	50258
erroneous payment or assessment, where the seller has reimbursed	50259
the consumer. When such payment or assessment was not paid to a	50260
seller, but was paid by the consumer directly to the treasurer of	50261
state, or the treasurer of state's agent, by the ~~consumer~~	50262
commissioner, or the commissioner's agent, the treasurer of state	50263
shall make refund to the consumer. When such a refund is granted,	50264
it shall include interest thereon as provided by section 5739.132	50265
of the Revised Code. Applications for refund shall be filed with	50266
the tax commissioner, on the form prescribed by the commissioner,	50267
within four years from the date of the illegal or erroneous	50268
payment of the tax except where the vendor or consumer waives the	50269
time limitation under division (C) of section 5741.16 of the	50270
Revised Code, in which case the four-year refund limitation shall	50271
be extended for the same period of time as the waiver. On filing	50272
such application, the commissioner shall determine the amount of	50273
refund due and shall certify such amount to the director of budget	50274
and management and treasurer of state for payment from the tax	50275
refund fund created by section 5703.052 of the Revised Code.	50276

Sec. 5741.12. (A) Each seller required by section 5741.17	50277
of the Revised Code to register with the tax commissioner, and any	50278
seller authorized by the commissioner to collect the tax imposed	50279
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	50280
of the Revised Code is subject to the same requirements and	50281
entitled to the same deductions and discount for prompt payments	50282
as are vendors under section 5739.12 of the Revised Code. The	50283
powers and duties of the commissioner and the treasurer of state	50284
with respect to returns and tax remittances under this section	50285
shall be identical with those prescribed in section 5739.12 of the	50286
Revised Code.	50287

(B) Every person storing, using, or consuming tangible	50288
personal property or receiving the benefit of a service, the	50289
storage, use, consumption, or receipt of which is subject to the	50290
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	50291
or 5741.023 of the Revised Code, when such tax was not paid to a	50292
seller, shall, on or before the twenty-third day of each month,	50293
file with the ~~treasurer of state~~ tax commissioner a return for the	50294
preceding month in such form as is prescribed by the commissioner,	50295
showing such information as the commissioner deems necessary, and	50296
shall pay the tax shown on the return to be due. Remittance shall	50297
be made payable to the treasurer of state. The commissioner may	50298
require consumers to file returns and pay the tax at other than	50299
monthly intervals, if he the commissioner determines that such	50300
filing is necessary for the efficient administration of the tax.	50301
If the commissioner determines that a consumer's tax liability is	50302
not such as to merit monthly filing, the commissioner may	50303
authorize the consumer to file returns and pay tax at less	50304
frequent intervals. ~~The treasurer of state shall show on the~~	50305
~~return the date it was filed and the amount of the payment~~	50306
~~remitted to the treasurer. Thereafter, the treasurer immediately~~	50307
~~shall transmit all returns filed under this section to the tax~~	50308
~~commissioner.~~	50309

Any consumer required to file a return and pay the tax under	50310
this section whose payment for any year indicated in section	50311
5741.121 of the Revised Code equals or exceeds the amount shown in	50312
that section shall make each payment required by this section in	50313
the second ensuing and each succeeding year by means of electronic	50314
funds transfer as prescribed by section 5741.121 of the Revised	50315
Code, except as otherwise prescribed by that section.	50316

(C) Every person storing, using, or consuming a motor	50317
vehicle, watercraft, or outboard motor, the ownership of which	50318
must be evidenced by certificate of title, shall file the return	50319
required by this section and pay the tax due at or prior to the	50320
time of filing an application for certificate of title.	50321

Sec. 5743.62. (A) To provide revenue for the general	50322
revenue fund of the state, an excise tax is hereby levied on the	50323
seller of tobacco products in this state at the rate of seventeen	50324
per cent of the wholesale price of the tobacco product whenever	50325
the tobacco product is delivered to a consumer in this state for	50326
the storage, use, or other consumption of such tobacco products.	50327
The tax imposed by this section applies only to sellers having	50328
nexus in this state, as defined in section 5741.01 of the Revised	50329
Code.	50330

(B) A seller of tobacco products who has nexus in this state	50331
as defined in section 5741.01 of the Revised Code shall register	50332
with the tax commissioner and supply any information concerning	50333
~~his~~ the seller's contacts with this state as may be required by	50334
the tax commissioner. A seller who does not have nexus in this	50335
state may voluntarily register with the tax commissioner. A	50336
seller who voluntarily registers with the tax commissioner is	50337
entitled to the same benefits and is subject to the same duties	50338
and requirements as a seller required to be registered with the	50339
tax commissioner under this division.	50340

(C) Each seller of tobacco products subject to the tax	50341
levied by this section, on or before the last day of each month,	50342
shall file with the ~~treasurer of state~~ tax commissioner a return	50343
for the preceding month showing any information the tax	50344
commissioner finds necessary for the proper administration of	50345
sections 5743.51 to 5743.66 of the Revised Code, together with	50346
remittance of the tax due~~. The~~, payable to the treasurer of state	50347
~~shall stamp or otherwise mark on the return the date it was~~	50348
~~received and the amount of payment received with the return.~~	50349
~~Thereafter, the treasurer of state shall immediately transmit all~~	50350
~~returns filed under this section to the commissioner~~. The return	50351
and payment of the tax required by this section shall be filed in	50352
such a manner that it is received by the ~~treasurer of state~~ tax	50353
commissioner on or before the last day of the month following the	50354
reporting period. If the return is filed and the amount of the	50355
tax shown on the return to be due is paid on or before the date	50356
the return is required to be filed, the seller is entitled to a	50357
discount equal to two and five-tenths per cent of the amount shown	50358
on the return to be due.	50359

(D) The tax commissioner shall immediately forward to the	50360
treasurer of state all money received ~~into the state treasury~~ from	50361
the tax levied by this section, and the treasurer shall be	50362
~~credited~~ credit the amount to the general revenue fund.	50363

(E) Each seller of tobacco products subject to the tax	50364
levied by this section shall mark on the invoices of tobacco	50365
products sold that the tax levied by that section has been paid	50366
and shall indicate the seller's account number as assigned by the	50367
tax commissioner.	50368

Sec. 5743.63. (A) To provide revenue for the general	50369
revenue fund of the state, an excise tax is hereby levied on the	50370
storage, use, or other consumption of tobacco products at the rate	50371
of seventeen per cent of the wholesale price of the tobacco	50372
product, provided the tax has not been paid by the seller as	50373
provided in section 5743.62 of the Revised Code, or by the	50374
distributor as provided in section 5743.51 of the Revised Code.	50375

(B) Each person subject to the tax levied by this section,	50376
on or before the last day of each month, shall file with the	50377
~~treasurer of state~~ tax commissioner a return for the preceding	50378
month showing any information the tax commissioner finds necessary	50379
for the proper administration of sections 5743.51 to 5743.66 of	50380
the Revised Code, together with remittance of the tax due~~. The~~,	50381
payable to the treasurer of state ~~shall stamp or otherwise mark on~~	50382
~~the return the date it was received and the amount of payment~~	50383
~~received with the return. Thereafter, the treasurer of state shall~~	50384
~~immediately transmit all returns filed under this section to the~~	50385
~~commissioner~~. The return and payment of the tax required by this	50386
section shall be filed in such a manner that it is received by the	50387
~~treasurer of state~~ tax commissioner on or before the last day of	50388
the month following the reporting period.	50389

(C) The tax commissioner shall immediately forward to the	50390
treasurer of state all money received ~~into the state treasury~~ from	50391
the tax levied by this section, and the treasurer shall be	50392
~~credited~~ credit the amount to the general revenue fund.	50393

Sec. 5745.03. (A) For each taxable year, each taxpayer	50394
shall file an annual report with the ~~treasurer of state~~ tax	50395
commissioner not later than the fifteenth day of the fourth month	50396
after the end of the taxpayer's taxable year, and shall remit with	50397
that report the amount of tax due as shown on the report less the	50398
amount paid for the year under section 5745.04 of the Revised	50399
Code. The remittance shall be made in the form prescribed by the	50400
~~treasurer of state, including electronic funds transfer if~~ tax	50401
commissioner. If the amount payable with the report exceeds one	50402
thousand dollars, the taxpayer shall remit the amount by	50403
electronic funds transfer as prescribed by the treasurer of state.	50404
The tax commissioner shall immediately forward to the treasurer of	50405
state all amounts that the tax commissioner receives pursuant to	50406
this chapter. The treasurer of state shall credit ninety-eight	50407
and one-half per cent of such remittances to the municipal income	50408
tax fund, which is hereby created in the state treasury, and	50409
credit the remainder to the municipal income tax administrative	50410
fund, which is hereby created in the state treasury. ~~The treasurer~~	50411
~~of state shall indicate on the report the date it was filed and~~	50412
~~the amount remitted, and immediately shall transmit the report to~~	50413
~~the tax commissioner.~~	50414

(B) Any taxpayer that has been granted an extension for	50415
filing a federal income tax return may request an extension for	50416
filing the return required under this section by filing with the	50417
tax commissioner a copy of the taxpayer's request for the federal	50418
filing extension. The request shall be filed not later than the	50419
last day for filing the return as required under division (A) of	50420
this section. If such a request is properly and timely filed, the	50421
tax commissioner shall extend the last day for filing the return	50422
required under this section for the same period for which the	50423
federal filing extension was granted. The tax commissioner may	50424
deny the filing extension request only if the taxpayer fails to	50425
timely file the request, fails to file a copy of the federal	50426
extension request, owes past due taxes, interest, or penalty under	50427
this chapter, or has failed to file a required report or other	50428
document for a prior taxable year. The granting of an extension	50429
under this section does not extend the last day for paying taxes	50430
without penalty pursuant to this chapter unless the tax	50431
commissioner extends the payment date.	50432

(C) The annual report shall include statements of the	50433
following facts as of the last day of the taxpayer's taxable year:	50434

(1) The name of the taxpayer;

50435

(2) The name of the state or country under the laws of which	50436
it is incorporated;	50437

(3) The location of its principal office in this state and,	50438
in the case of a taxpayer organized under the laws of another	50439
state, the principal place of business in this state and the name	50440
and address of the officer or agent of the taxpayer in charge of	50441
the business conducted in this state;	50442

(4) The names of the president, secretary, treasurer, and	50443
statutory agent in this state, with the post-office address of	50444
each;	50445

(5) The date on which the taxpayer's taxable year begins and	50446
ends;	50447

(6) The taxpayer's federal taxable income during the	50448
taxpayer's taxable year;	50449

(7) Any other information the tax commissioner requires for	50450
the proper administration of this chapter.	50451

(D) The tax commissioner may require any reports required	50452
under this chapter to be filed in an electronic format.	50453

(E) A municipal corporation may not require a taxpayer	50454
required to file a report under this section to file a report of	50455
the taxpayer's income, but a municipal corporation may require a	50456
taxpayer to report to the municipal corporation the value of the	50457
taxpayer's real and tangible personal property situated in the	50458
municipal corporation, compensation paid by the taxpayer to its	50459
employees in the municipal corporation, and sales made in the	50460
municipal corporation by the taxpayer, to the extent necessary for	50461
the municipal corporation to compute the taxpayer's municipal	50462
property, payroll, and sales factors for the municipal	50463
corporation.	50464

(F) On or before the thirty-first day of January each year,	50465
each municipal corporation imposing a tax on income shall certify	50466
to the tax commissioner the rate of the tax in effect on the first	50467
day of January of that year. If any municipal corporation fails	50468
to certify its income tax rate as required by this division, the	50469
tax commissioner shall notify the director of budget and	50470
management, who, upon receiving such notification, shall withhold	50471
from each payment made to the municipal corporation under section	50472
5745.05 of the Revised Code fifty per cent of the amount of the	50473
payment otherwise due the municipal corporation under that section	50474
as computed on the basis of the tax rate most recently certified	50475
until the municipal corporation certifies the tax rate in effect	50476
on the first day of January of that year.	50477

The tax rate used to determine the tax payable to a municipal	50478
corporation under this section for a taxpayer's taxable year shall	50479
be the tax rate in effect in a municipal corporation on the first	50480
day of January in that taxable year. If a taxpayer's taxable year	50481
is for a period less than twelve months that does not include the	50482
first day of January, the tax rate used to determine the tax	50483
payable to a municipal corporation under this section for the	50484
taxpayer's taxable year shall be the tax rate in effect in a	50485
municipal corporation on the first day of January in the preceding	50486
taxable year.	50487

Sec. 5745.04. (A) As used in this section, "combined tax	50488
liability" means the total of a taxpayer's income tax liabilities	50489
to all municipal corporations in this state for a taxable year.	50490

(B) Beginning with its taxable year beginning in 2003, each	50491
taxpayer shall file a declaration of estimated tax report with,	50492
and remit estimated taxes to the tax commissioner, payable to the	50493
treasurer of state, at the times and in the amounts prescribed in	50494
divisions (B)(1) to (4) of this section. This division also	50495
applies to a taxpayer having a taxable year consisting of fewer	50496
than twelve months, at least one of which is in 2002, that ends	50497
before January 1, 2003.	50498

(1) Not less than twenty-five per cent of the combined tax	50499
liability for the preceding taxable year or twenty per cent of the	50500
combined tax liability for the current taxable year shall have	50501
been remitted not later than the fifteenth day of the fourth month	50502
after the end of the preceding taxable year.	50503

(2) Not less than fifty per cent of the combined tax	50504
liability for the preceding taxable year or forty per cent of the	50505
combined tax liability for the current taxable year shall have	50506
been remitted not later than the fifteenth day of the sixth month	50507
after the end of the preceding taxable year.	50508

(3) Not less than seventy-five per cent of the combined tax	50509
liability for the preceding taxable year or sixty per cent of the	50510
combined tax liability for the current taxable year shall have	50511
been remitted not later than the fifteenth day of the ninth month	50512
after the end of the preceding taxable year.	50513

(4) Not less than one hundred per cent of the combined tax	50514
liability for the preceding taxable year or eighty per cent of the	50515
combined tax liability for the current taxable year shall have	50516
been remitted not later than the fifteenth day of the twelfth	50517
month after the end of the preceding taxable year.	50518

(C) Each taxpayer shall report on the declaration of	50519
estimated tax report the portion of the remittance that the	50520
taxpayer estimates that it owes to each municipal corporation for	50521
the taxable year.	50522

(D) Upon receiving a declaration of estimated tax report and	50523
remittance of estimated taxes under this section, the tax	50524
commissioner shall immediately forward to the treasurer of state	50525
such remittance. The treasurer of state shall credit ninety-eight	50526
and one-half per cent of the remittance to the municipal income	50527
tax fund and credit the remainder to the municipal income tax	50528
administrative fund~~, and shall transmit the report to the tax~~	50529
~~commissioner~~.	50530

(E) If any remittance of estimated taxes is for one thousand	50531
dollars or more, the taxpayer shall make the remittance by	50532
electronic funds transfer as prescribed by section 5745.04 of the	50533
Revised Code.	50534

(F) Notwithstanding section 5745.08 or 5745.09 of the	50535
Revised Code, no penalty or interest shall be imposed on a	50536
taxpayer if the declaration of estimated tax report is properly	50537
filed, and the estimated tax is ~~remitted~~ paid, within the time	50538
prescribed by division (B) of this section.	50539

Sec. 5747.122. (A) The tax commissioner, in accordance with	50540
section 5101.184 of the Revised Code, shall cooperate with the	50541
director of job and family services to collect overpayments of	50542
assistance under Chapter 5107., 5111., or 5115., former Chapter	50543
5113., or ~~sections~~ section 5101.54 ~~to 5101.543~~ of the Revised Code	50544
from refunds of state income taxes for taxable year 1992 and	50545
thereafter that are payable to the recipients of such	50546
overpayments.	50547

(B) At the request of the department of job and family	50548
services in connection with the collection of an overpayment of	50549
assistance from a refund of state income taxes pursuant to this	50550
section and section 5101.184 of the Revised Code, the tax	50551
commissioner shall release to the department the home address and	50552
social security number of any recipient of assistance whose	50553
overpayment may be collected from a refund of state income taxes	50554
under those sections.	50555

(C) In the case of a joint income tax return for two people	50556
who were not married to each other at the time one of them	50557
received an overpayment of assistance, only the portion of a	50558
refund that is due to the recipient of the overpayment shall be	50559
available for collection of the overpayment under this section and	50560
section 5101.184 of the Revised Code. The tax commissioner shall	50561
determine such portion. A recipient's spouse who objects to the	50562
portion as determined by the commissioner may file a complaint	50563
with the commissioner within twenty-one days after receiving	50564
notice of the collection, and the commissioner shall afford the	50565
spouse an opportunity to be heard on the complaint. The	50566
commissioner shall waive or extend the twenty-one-day period if	50567
the recipient's spouse establishes that such action is necessary	50568
to avoid unjust, unfair, or unreasonable results. After the	50569
hearing, the commissioner shall make a final determination of the	50570
portion of the refund available for collection of the overpayment.	50571

(D) The welfare overpayment intercept fund is hereby created	50572
in the state treasury. The tax commissioner shall deposit amounts	50573
collected from income tax refunds under this section to the credit	50574
of the welfare overpayment intercept fund. The director of job and	50575
family services shall distribute money in the fund in accordance	50576
with appropriate federal or state laws and procedures regarding	50577
collection of welfare overpayments.	50578

Sec. 5747.221. ~~For~~ (A) As used in this section, "investment	50579
pass-through entity" has the same meaning as in section 5733.401	50580
of the Revised Code.	50581

(B) Except as provided in division (C) of this section, for	50582
the purposes of sections 5747.20, 5747.21, and 5747.22 of the	50583
Revised Code, no item of income or deduction shall be allocated or	50584
apportioned to this state to the extent that such item represents	50585
~~or relates to~~ the portion of an adjusted qualifying amount for	50586
which the withholding tax is not imposed under section 5747.41 of	50587
the Revised Code by reason of division (C) of section 5733.401 of	50588
the Revised Code. This section shall be applied without regard to	50589
division (I) of section 5733.40 of the Revised Code.	50590

(C) If a taxpayer has a direct or indirect investment in an	50591
investment pass-through entity that has a direct or indirect	50592
investment in any other pass-through entity, division (B) of this	50593
section does not apply to any item of income, gain, deduction, or	50594
loss where, under section 5747.231 of the Revised Code, the item	50595
is directly or indirectly attributable to either of the following:	50596

(1) A distributive share of income or gain from a	50597
pass-through entity that does not qualify as an investment	50598
pass-through entity;	50599

(2) A pass-through entity's income or gain to which	50600
division (C) of section 5733.401 of the Revised Code does not	50601
apply.	50602

An indirect investment includes any interest that a person	50603
constructively owns on account of the attribution rules set forth	50604
in section 267, 318, or 1563 of the Internal Revenue Code.	50605

Sec. 5747.39. As used in this section, "eligible employee"	50606
and "eligible training costs" have the same meanings as in section	50607
5733.42 of the Revised Code, and "pass-through entity" includes a	50608
sole proprietorship.	50609

For taxable years beginning after ~~December 31, 2000~~ in 2003,	50610
2004, and 2005, there is hereby allowed a nonrefundable credit	50611
against the tax imposed by section 5747.02 of the Revised Code for	50612
a taxpayer that is an investor in a pass-through entity for which	50613
a tax credit certificate is issued under section 5733.42 of the	50614
Revised Code. ~~The~~ For the taxable year beginning in 2003, the	50615
amount of eligible training costs for which a credit may be	50616
claimed by all taxpayers that are investors in an entity shall	50617
equal one-half of the average of the eligible training costs	50618
incurred by the entity during ~~the three~~ calendar years ~~that end in~~	50619
~~the taxable year for which the credit is claimed~~ 1999, 2000, and	50620
2001, but shall not exceed one thousand dollars for each eligible	50621
employee on account of whom such costs were paid or incurred by	50622
the entity, and the total amount of credits that may be claimed by	50623
all such taxpayers shall not exceed one hundred thousand dollars	50624
~~each year. Each taxpayer's credit shall be claimed for the~~	50625
~~taxpayer's taxable year that includes the last day of the third~~	50626
~~calendar year of the three-year period during which eligible~~	50627
~~training costs are paid or incurred by the entity. The credit may~~	50628
~~be claimed for eligible training costs paid or incurred on or~~	50629
~~before December 31, 2003~~. ~~The~~	50630

The amount of a taxpayer's credit for the taxpayer's taxable	50631
year beginning in 2003 shall equal the taxpayer's interest in the	50632
entity on December 31, 2001, multiplied by the credit available to	50633
the entity as computed by the entity.	50634

For the taxable year beginning in 2004, the amount of the	50635
eligible training costs for which a credit may be claimed by all	50636
taxpayers that are investors in an entity shall equal one-half of	50637
the average of the eligible training costs incurred by the entity	50638
during calendar years 2002, 2003, and 2004, but shall not exceed	50639
one thousand dollars for each eligible employee on account of whom	50640
such costs were paid or incurred by the entity, and the total	50641
amount of credits that may be claimed by all such taxpayers shall	50642
not exceed one hundred thousand dollars. The amount of a	50643
taxpayer's credit for the taxpayer's taxable year beginning in	50644
2004 shall equal the taxpayer's interest in the entity on December	50645
31, 2004, multiplied by the credit available to the entity as	50646
computed by the entity.	50647

For the taxable year beginning in 2005, the amount of the	50648
eligible training costs for which a credit may be claimed by all	50649
taxpayers that are investors in an entity shall equal one-half of	50650
the average of the eligible training costs incurred by the entity	50651
during calendar years 2003, 2004, and 2005, but shall not exceed	50652
one thousand dollars for each eligible employee on account of whom	50653
such costs were paid or incurred by the entity, and the total	50654
amount of credits that may be claimed by all such taxpayers shall	50655
not exceed one hundred thousand dollars. The amount of a	50656
taxpayer's credit for the taxpayer's taxable year beginning in	50657
2005 shall equal the taxpayer's interest in the entity on ~~the last~~	50658
~~day of the third calendar year of the three-year period ending in~~	50659
~~or with the last day of the taxpayer's taxable year~~ December 31,	50660
2005, multiplied by the credit available to the entity as computed	50661
by the entity.	50662

The credit shall be claimed in the order prescribed by	50663
section 5747.98 of the Revised Code. A taxpayer may carry forward	50664
the credit to the extent that the taxpayer's credit exceeds the	50665
taxpayer's tax due after allowing for any other credits that	50666
precede the credit allowed by this section in the order prescribed	50667
by section 5747.98 of the Revised Code. The taxpayer may carry	50668
the excess credit forward for three taxable years following the	50669
taxable year for which the taxpayer first claims the credit under	50670
this section.	50671

A pass-through entity shall apply to the director of job and	50672
family services for a tax credit certificate in the manner	50673
prescribed by division (C) of section 5733.42 of the Revised Code.	50674
Divisions (C) to (H) of that section govern the tax credit allowed	50675
by this section, except that "taxable year" shall be substituted	50676
for "tax year" wherever that phrase appears in those divisions,	50677
and that "pass-through entity" shall be substituted for "taxpayer"	50678
wherever "taxpayer" appears in those divisions.	50679

Sec. 5749.06. Each severer liable for the tax imposed by	50680
section 5749.02 of the Revised Code shall make and file returns	50681
with the tax commissioner in the prescribed form and as of the	50682
prescribed times, computing and reflecting therein the tax as	50683
required by this chapter.	50684

The returns shall be filed for every quarterly period, which	50685
periods shall end on the thirty-first of March, the thirtieth day	50686
of June, the thirtieth day of September, and the thirty-first day	50687
of December of each year, as required by this section, unless a	50688
different return period is prescribed for a taxpayer by the tax	50689
commissioner.	50690

A separate return shall be filed for each calendar quarterly	50691
period, or other period, or any part thereof, during which the	50692
severer holds a license as provided by section 5749.04 of the	50693
Revised Code, or is required to hold such license, and such return	50694
shall be filed within forty-five days after the last day of each	50695
such calendar month, or other period, or any part thereof, for	50696
which such return is required and shall include remittance payable	50697
to the treasurer of state of the amount of tax due. All such	50698
returns shall contain such information as the commissioner may	50699
require to fairly administer the tax.	50700

All returns shall be signed by the severer, shall contain the	50701
full and complete information requested, and shall be made under	50702
penalty of perjury.	50703

If the commissioner believes that quarterly payments of tax	50704
would result in a delay which might jeopardize the collection of	50705
such tax payments, the commissioner may order that such payments	50706
be made weekly, or more frequently if necessary, such payments to	50707
be made not later than seven days following the close of the	50708
period for which the jeopardy payment is required. Such an order	50709
shall be delivered to the taxpayer personally or by certified mail	50710
and shall remain in effect until the commissioner notifies the	50711
taxpayer to the contrary.	50712

Upon good cause the commissioner may extend the period for	50713
filing any notice or return required to be filed under this	50714
section, and may remit all or a part of penalties that may become	50715
due under this chapter.	50716

Any tax not paid by the day the tax is due shall bear	50717
interest computed at the rate per annum prescribed by section	50718
5703.47 of the Revised Code on that amount of tax due from the day	50719
that such amount was originally required to be paid to the day of	50720
actual payment or to the day an assessment was issued under	50721
section 5749.07 or 5749.10 of the Revised Code, whichever occurs	50722
first.	50723

The severer shall make all payments payable to the treasurer	50724
of state. All amounts that the tax commissioner receives under	50725
this section shall be deemed to be revenue from taxes imposed	50726
under this chapter. The tax commissioner shall immediately forward	50727
to the treasurer of state all amounts received under this section.	50728

Sec. 6101.25. The board of directors of a conservancy	50729
district may construct, improve, operate, maintain, and protect	50730
parks, parkways, forest preserves, bathing beaches, playgrounds,	50731
and other recreational facilities upon the lands owned or	50732
controlled by the district, or upon lands located within the	50733
district owned or controlled by the United States government or	50734
any department of it, by this state or any department or division	50735
of it, or by any political subdivision, if authorized by lease,	50736
contract, or other arrangements with the appropriate agency of	50737
government having ownership or control. The board may acquire by	50738
lease, purchase, or appropriation property additional to that	50739
required for the purposes for which the district was incorporated,	50740
in order to provide for the protection, more adequate development,	50741
and fuller public use and enjoyment of the improvements and	50742
facilities. The board may impose and collect charges for the use	50743
of the properties, improvements, and facilities maintained or	50744
operated by the district for recreational purposes. Moneys	50745
collected from these charges may be used to promote the district's	50746
recreational facilities.	50747

In case the revenues derived or to be derived from the	50748
properties, improvements, and facilities maintained, operated,	50749
used, or acquired by the district for recreational purposes are	50750
not sufficient for the purposes of this section, the board, with	50751
the approval of the court, may provide for the payment of	50752
obligations incurred under this section by the levy of special	50753
assessments upon all the taxable property of the district and upon	50754
public corporations having lands within the district.	50755

In no case shall the obligations incurred under this section	50756
be paid from the proceeds of special assessments levied under	50757
section 6101.48 or 6101.53 of the Revised Code, or of bonds or	50758
notes issued in anticipation of them. After special assessments	50759
against the taxable property and public corporations are approved	50760
by the court, the board of appraisers of the conservancy district	50761
shall appraise the benefits to be conferred on each parcel of	50762
taxable property and public corporation by reason of the	50763
acquisition and construction of the properties and improvements	50764
authorized by the board of directors under this section, and shall	50765
appraise the damages accruing to persons and public corporations	50766
from the improvements. The provisions of this chapter that refer	50767
to the determination of benefits and damages apply to the	50768
appraisals made under this section, but they shall be separate	50769
from other appraisals of benefits and damages made under this	50770
chapter, and separate records of them shall be prepared. After the	50771
appraisal of benefits has been approved by the court, and within	50772
the amount of benefits so determined, the board of directors may	50773
levy assessments on the taxable property and public corporations	50774
benefited to pay the cost of the properties and improvements	50775
acquired and constructed under this section, and may issue bonds	50776
and notes in anticipation of the collection of these assessments.	50777
In addition, the board of directors may annually levy a	50778
maintenance assessment for the purposes of this section on the	50779
taxable property and public corporations upon the basis of total	50780
appraised benefits. The provisions of this chapter that relate to	50781
assessments for district purposes and to bonds and notes issued in	50782
anticipation of the assessments apply to the assessments	50783
authorized under this section and the bonds and notes issued in	50784
anticipation of the assessments. Improvement, bond retirement,	50785
and maintenance funds shall be established for recreational	50786
purposes in conformity with section 6101.44 of the Revised Code,	50787
which shall be separate from one another and from other funds of	50788
the district, and no transfers shall be made to them from the	50789
other funds of the district. The proceeds of all bonds, notes,	50790
and assessments authorized by this section and all receipts	50791
derived from the recreational properties, improvements, and	50792
facilities owned, controlled, operated, or maintained by the	50793
district shall be paid into those funds, and all expenditures in	50794
accordance with this section shall be made from them.	50795

Sec. 6109.13. No official, officer, or employee in charge of	50796
or being employed in the maintenance and operation of a public	50797
water system and no other person, or firm~~, or corporation~~ shall	50798
establish or permit to be established any connection whereby water	50799
from a private, auxiliary, or emergency water system may enter the	50800
public water system, unless ~~such~~ the private, auxiliary, or	50801
emergency water system, and the method of connection and use of	50802
~~such~~ the system, ~~has~~ have been approved by the environmental	50803
protection agency. However, a backflow prevention device shall not	50804
be required when a physical separation exists between the public	50805
water system and the private, auxiliary, or emergency water	50806
system.	50807

As used in this section:

50808

(A) "Backflow prevention device" means any device, method,	50809
or type of construction that is intended to prevent backflow into	50810
a potable water sytem.	50811

(B) "Physical separation" means that there is no direct or	50812
indirect connection between a public water system and a private,	50813
auxiliary, or emergency water system.	50814

Sec. 6109.21. (A) Except as provided in divisions (D) and	50815
(E) of this section, on and after January 1, 1994, no person shall	50816
operate or maintain a public water system in this state without a	50817
license issued by the director of environmental protection. A	50818
person who operates or maintains a public water system on January	50819
1, 1994, shall obtain an initial license under this section in	50820
accordance with the following schedule:	50821

(1) If the public water system is a community water system,	50822
not later than January 31, 1994;	50823

(2) If the public water system is not a community water	50824
system and serves a nontransient population, not later than	50825
January 31, 1994;	50826

(3) If the public water system is not a community water	50827
system and serves a transient population, not later than January	50828
31, 1995.	50829

A person proposing to operate or maintain a new public water	50830
system after January 1, 1994, in addition to complying with	50831
section 6109.07 of the Revised Code and rules adopted under it,	50832
shall submit an application for an initial license under this	50833
section to the director prior to commencing operation of the	50834
system.	50835

A license or license renewal issued under this section shall	50836
be renewed annually. Such a license or license renewal shall	50837
expire on the thirtieth day of January in the year following its	50838
issuance. A license holder that proposes to continue operating	50839
the public water system for which the license or license renewal	50840
was issued shall apply for a license renewal at least thirty days	50841
prior to that expiration date.	50842

The director shall adopt, and may amend and rescind, rules in	50843
accordance with Chapter 119. of the Revised Code establishing	50844
procedures governing and information to be included on	50845
applications for licenses and license renewals under this section.	50846
Through June 30, ~~2002~~ 2004, each application shall be accompanied	50847
by the appropriate fee established under division (M) of section	50848
3745.11 of the Revised Code, provided that an applicant for an	50849
initial license who is proposing to operate or maintain a new	50850
public water system after January 1, 1994, shall submit a fee that	50851
equals a prorated amount of the appropriate fee established under	50852
that division for the remainder of the licensing year.	50853

(B) Not later than thirty days after receiving a completed	50854
application and the appropriate license fee for an initial license	50855
under division (A) of this section, the director shall issue the	50856
license for the public water system. Not later than thirty days	50857
after receiving a completed application and the appropriate	50858
license fee for a license renewal under division (A) of this	50859
section, the director shall do one of the following:	50860

(1) Issue the license renewal for the public water system;

50861

(2) Issue the license renewal subject to terms and	50862
conditions that the director determines are necessary to ensure	50863
compliance with this chapter and rules adopted under it;	50864

(3) Deny the license renewal if the director finds that the	50865
public water system was not operated in substantial compliance	50866
with this chapter and rules adopted under it.	50867

(C) The director may suspend or revoke a license or license	50868
renewal issued under this section if the director finds that the	50869
public water system was not operated in substantial compliance	50870
with this chapter and rules adopted under it. The director shall	50871
adopt, and may amend and rescind, rules in accordance with Chapter	50872
119. of the Revised Code governing such suspensions and	50873
revocations.	50874

(D)(1) As used in division (D) of this section, "church"	50875
means a fellowship of believers, congregation, society,	50876
corporation, convention, or association that is formed primarily	50877
or exclusively for religious purposes and that is not formed or	50878
operated for the private profit of any person.	50879

(2) This section does not apply to a church that operates or	50880
maintains a public water system solely to provide water for that	50881
church or for a campground that is owned by the church and	50882
operated primarily or exclusively for members of the church and	50883
their families. A church that, on or before March 5, 1996, has	50884
obtained a license under this section for such a public water	50885
system need not obtain a license renewal under this section.	50886

(E) This section does not apply to any public or nonpublic	50887
school that meets minimum standards of the state board of	50888
education that operates or maintains a public water system solely	50889
to provide water for that school.	50890

Sec. 6111.035. (A) The director of environmental	50891
protection, consistent with the Federal Water Pollution Control	50892
Act and the regulations adopted thereunder, without application	50893
therefor, may issue, modify, revoke, or terminate a general permit	50894
under this chapter for both of the following:	50895

(1) Discharge of stormwater; the discharge of liquids,	50896
sediments, solids, or water-borne mining related waste, such as,	50897
but not limited to, acids, metallic cations, or their salts, from	50898
coal mining and reclamation operations as defined in section	50899
1513.01 of the Revised Code; or treatment works whose discharge	50900
would have de minimis impact on the waters of the state receiving	50901
the discharge;	50902

(2) Installation or modification of disposal systems or any	50903
parts thereof, including disposal systems for stormwater or for	50904
coal mining and reclamation operations as defined in section	50905
1513.01 of the Revised Code.	50906

A general permit shall apply to a class or category of	50907
discharges or disposal systems or to persons conducting similar	50908
activities, within any area of the state, including the entire	50909
state.	50910

A general permit shall not be issued unless the director	50911
determines that the discharges authorized by the permit will have	50912
only minimal cumulative adverse effects on the environment when	50913
the discharges are considered collectively and individually and	50914
if, in the opinion of the director, the discharges, installations,	50915
or modifications authorized by the permit are more appropriately	50916
authorized by a general permit than by an individual permit.	50917

A general permit shall be issued subject to applicable	50918
mandatory provisions and may be issued subject to any applicable	50919
permissive provision of the Federal Water Pollution Control Act	50920
and the regulations adopted thereunder.	50921

The director, at the director's discretion, may require any	50922
person authorized to discharge or to install or modify a disposal	50923
system under a general permit to apply for and obtain an	50924
individual permit for the discharge, installation, or	50925
modification. When a particular discharge, installation, or	50926
modification is subject to an individual permit, a general permit	50927
shall not apply to that discharge, installation, or modification	50928
until the individual permit is revoked, terminated, or modified to	50929
exclude the discharge, installation, or modification.	50930

(B) Notwithstanding any requirement under Chapter 119. of	50931
the Revised Code concerning the manner in which notice of a permit	50932
action is provided, the director shall not be required to provide	50933
certified mail notice to persons subject to the issuance,	50934
modification, revocation, or termination of a general permit under	50935
division (A) of this section.	50936

Notwithstanding section 3745.07 of the Revised Code	50937
concerning the location of newspapers in which notices of permit	50938
actions are published, the director shall cause notice of the	50939
issuance, modification, revocation, or termination of a general	50940
permit to be published in the newspapers of general circulation	50941
determined by the director to provide reasonable notice to persons	50942
affected by the permit action in the geographic area covered by	50943
the general permit within the time periods prescribed by section	50944
3745.07 of the Revised Code. Any notice under this section or	50945
section 3745.07 of the Revised Code concerning the issuance,	50946
modification, revocation, or termination of a general permit shall	50947
include a summary of the permit action and instructions on how to	50948
obtain a copy of the full text of the permit action. The director	50949
may take other appropriate measures, such as press releases and	50950
notice to trade journals, associations, and other persons known to	50951
the director to desire notification, in order to provide notice of	50952
the director's actions concerning the issuance, modification,	50953
revocation, or termination of a general permit; however, the	50954
failure to provide such notice shall not invalidate any general	50955
permit.	50956

(C) Notwithstanding any other provision of the Revised Code,	50957
a person subject to the proposed issuance, modification,	50958
revocation, or termination of a general permit under division (A)	50959
of this section may request an adjudication hearing pursuant to	50960
section 119.07 of the Revised Code concerning the proposed action	50961
within thirty days after publication of the notice of the proposed	50962
action in newspapers of general circulation pursuant to division	50963
(B) of this section. This division shall not be interpreted to	50964
affect the authority of the director to take actions on general	50965
permits in forms other than proposed general permits.	50966

(D) The director may exercise all incidental powers required	50967
to carry out this section, including, without limitation, the	50968
adoption, amendment, and rescission of rules to implement a	50969
general permit program for classes or categories of dischargers or	50970
disposal systems.	50971

(E) On and after the date on which the United States	50972
environmental protection agency approves the NPDES program	50973
submitted by the director of agriculture under section 903.08 of	50974
the Revised Code, this section does not apply to storm water from	50975
an animal feeding facility, as defined in section 903.01 of the	50976
Revised Code, or to manure, as defined in that section.	50977

(F) As used in this section, "Federal Water Pollution	50978
Control Act" means the "Federal Water Pollution Control Act	50979
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by	50980
the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251,	50981
the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254,	50982
the "Municipal Wastewater Treatment Construction Grant Amendments	50983
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality	50984
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.	50985

Sec. 6111.044. Upon receipt of an application for an	50986
injection well drilling permit, an injection well operating	50987
permit, a renewal of an injection well operating permit, or a	50988
modification of an injection well drilling permit, operating	50989
permit, or renewal of an operating permit, the director of	50990
environmental protection shall determine whether the application	50991
is complete and demonstrates that the activities for which the	50992
permit, renewal permit, or modification is requested will comply	50993
with the Federal Water Pollution Control Act and regulations	50994
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	50995
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	50996
under it; and this chapter and the rules adopted under it. If the	50997
application demonstrates that the proposed activities will not	50998
comply or will pose an unreasonable risk of inducing seismic	50999
activity, inducing geologic fracturing, or contamination of an	51000
underground source of drinking water, the director shall deny the	51001
application. If the application does not make the required	51002
demonstrations, the director shall return it to the applicant with	51003
an indication of those matters about which a required	51004
demonstration was not made. If the director determines that the	51005
application makes the required demonstrations, the director shall	51006
transmit copies of the application and all of the accompanying	51007
maps, data, samples, and information to the chief of the division	51008
of mineral resources management, the chief of the division of	51009
geological survey, and the chief of the division of water in the	51010
department of natural resources.	51011

The chief of the division of geological survey shall comment	51012
upon the application if the chief determines that the proposed	51013
well or injection will present an unreasonable risk of loss or	51014
damage to valuable mineral resources. If the chief submits	51015
comments on the application, those comments shall be accompanied	51016
by an evaluation of the geological factors upon which the comments	51017
are based, including fractures, faults, earthquake potential, and	51018
the porosity and permeability of the injection zone and confining	51019
zone, and by the documentation supporting the evaluation. The	51020
director shall take into consideration the chief's comments, and	51021
the accompanying evaluation of geologic factors and supporting	51022
documentation, when considering the application. The director	51023
shall provide written notice to the chief of the director's	51024
decision on the application and, if the chief's comments are not	51025
included in the permit, renewal permit, or modification, of the	51026
director's rationale for not including them.	51027

The chief of the division of mineral resources management	51028
shall comment upon the application if the chief determines that	51029
the proposed well or injection will present an unreasonable risk	51030
that waste or contamination of recoverable oil or gas in the earth	51031
will occur. If the chief submits comments on the application,	51032
those comments shall be accompanied by an evaluation of the oil or	51033
gas reserves that, in the best professional judgment of the chief,	51034
are recoverable and will be adversely affected by the proposed	51035
well or injection, and by the documentation supporting the	51036
evaluation. The director shall take into consideration the	51037
chief's comments, and the accompanying evaluation and supporting	51038
documentation, when considering the application. The director	51039
shall provide written notice to the chief of the director's	51040
decision on the application and, if the chief's comments are not	51041
included in the permit, renewal permit, or modification, of the	51042
director's rationale for not including them.	51043

The chief of the division of water shall assist the director	51044
in determining whether all underground sources of drinking water	51045
in the area of review of the proposed well or injection have been	51046
identified and correctly delineated in the application. If the	51047
application fails to identify or correctly delineate an	51048
underground source of drinking water, the chief shall provide	51049
written notice of that fact to the director.	51050

The chief of the division of mineral resources management	51051
also shall review the application as follows:	51052

If the application concerns the drilling or conversion of a	51053
well or the injection into a well that is not or is not to be	51054
located within five thousand feet of the excavation and workings	51055
of a mine, the chief of the division of mineral resources	51056
management shall note upon the application that it has been	51057
examined by the division of mineral resources management, retain a	51058
copy of the application and map, and immediately return a copy of	51059
the application to the director.	51060

If the application concerns the drilling or conversion of a	51061
well or the injection into a well that is or is to be located	51062
within five thousand feet, but more than five hundred feet from	51063
the surface excavations and workings of a mine, the chief of the	51064
division of mineral resources management immediately shall notify	51065
the owner or lessee of the mine that the application has been	51066
filed and send to the owner or lessee a copy of the map	51067
accompanying the application setting forth the location of the	51068
well. The chief of the division of mineral resources management	51069
shall note on the application that the notice has been sent to the	51070
owner or lessee of the mine, retain a copy of the application and	51071
map, and immediately return a copy of the application to the	51072
director with the chief's notation on it.	51073

If the application concerns the drilling or conversion of a	51074
well or the injection into a well that is or is to be located	51075
within five thousand feet of the underground excavations and	51076
workings of a mine or within five hundred feet of the surface	51077
excavations and workings of a mine, the chief of the division of	51078
mineral resources management immediately shall notify the owner or	51079
lessee of the mine that the application has been filed and send to	51080
the owner or lessee a copy of the map accompanying the application	51081
setting forth the location of the well. If the owner or lessee	51082
objects to the application, the owner or lessee shall notify the	51083
chief of the division of mineral resources management of the	51084
objection, giving the reasons, within six days after the receipt	51085
of the notice. If the chief of the division of mineral resources	51086
management receives no objections from the owner or lessee of the	51087
mine within ten days after the receipt of the notice by the owner	51088
or lessee, or if in the opinion of the chief of the division of	51089
mineral resources management the objections offered by the owner	51090
or lessee are not sufficiently well-founded, the chief shall	51091
retain a copy of the application and map and return a copy of the	51092
application to the director with any applicable notes concerning	51093
it.	51094

If the chief of the division of mineral resources management	51095
receives an objection from the owner or lessee of the mine as to	51096
the application, within ten days after receipt of the notice by	51097
the owner or lessee, and if in the opinion of the chief the	51098
objection is well-founded, the chief shall disapprove the	51099
application and immediately return it to the director together	51100
with the chief's reasons for the disapproval. The director	51101
promptly shall notify the applicant for the permit, renewal	51102
permit, or modification of the disapproval. The applicant may	51103
appeal the disapproval of the application by the chief of the	51104
division of mineral resources management to the ~~mine examining~~	51105
~~board~~ reclamation commission created under section ~~1561.10~~ 1513.05	51106
of the Revised Code, and the ~~board~~ commission shall hear the	51107
appeal in accordance with section ~~1561.53~~ 1513.13 of the Revised	51108
Code. The appeal shall be filed within thirty days from the date	51109
the applicant receives notice of the disapproval. No comments	51110
concerning or disapproval of an application shall be delayed by	51111
the chief of the division of mineral resources management for more	51112
than fifteen days from the date of sending of notice to the mine	51113
owner or lessee as required by this section.	51114

The director shall not approve an application for an	51115
injection well drilling permit, an injection well operating	51116
permit, a renewal of an injection well operating permit, or a	51117
modification of an injection well drilling permit, operating	51118
permit, or renewal of an operating permit for a well that is or is	51119
to be located within three hundred feet of any opening of any mine	51120
used as a means of ingress, egress, or ventilation for persons	51121
employed in the mine, nor within one hundred feet of any building	51122
or flammable structure connected with the mine and actually used	51123
as a part of the operating equipment of the mine, unless the chief	51124
of the division of mineral resources management determines that	51125
life or property will not be endangered by drilling and operating	51126
the well in that location.	51127

Upon review by the chief of the division of mineral resources	51128
management, the chief of the division of geological survey, and	51129
the chief of the division of water, and if the chief of the	51130
division of mineral resources management has not disapproved the	51131
application, the director shall issue a permit, renewal permit, or	51132
modification with any terms and conditions that may be necessary	51133
to comply with the Federal Water Pollution Control Act and	51134
regulations adopted under it; the "Safe Drinking Water Act," 88	51135
Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended, and regulations	51136
adopted under it; and this chapter and the rules adopted under it.	51137
The director shall not issue a permit, renewal permit, or	51138
modification to an applicant if the applicant or persons	51139
associated with the applicant have engaged in or are engaging in a	51140
substantial violation of this chapter that is endangering or may	51141
endanger human health or the environment or if, in the case of an	51142
applicant for an injection well drilling permit, the applicant, at	51143
the time of applying for the permit, did not hold an injection	51144
well operating permit or renewal of an injection well drilling	51145
permit and failed to demonstrate sufficient expertise and	51146
competency to operate the well in compliance with the applicable	51147
provisions of this chapter.	51148

If the director receives a disapproval from the chief of the	51149
division of mineral resources management regarding an application	51150
for an injection well drilling or operating permit, renewal	51151
permit, or modification, if required, the director shall issue an	51152
order denying the application.	51153

The director need not issue a proposed action under section	51154
3745.07 of the Revised Code or hold an adjudication hearing under	51155
that section and Chapter 119. of the Revised Code before issuing	51156
or denying a permit, renewal permit, or modification of a permit	51157
or renewal permit. Before issuing or renewing a permit to drill	51158
or operate a class I injection well or a modification of it, the	51159
director shall propose the permit, renewal permit, or modification	51160
in draft form and shall hold a public hearing to receive public	51161
comment on the draft permit, renewal permit, or modification. At	51162
least fifteen days before the public hearing on a draft permit,	51163
renewal permit, or modification, the director shall publish notice	51164
of the date, time, and location of the public hearing in at least	51165
one newspaper of general circulation serving the area where the	51166
well is or is to be located. The proposing of such a draft	51167
permit, renewal permit, or modification does not constitute the	51168
issuance of a proposed action under section 3745.07 of the Revised	51169
Code, and the holding of the public hearing on such a draft	51170
permit, renewal permit, or modification does not constitute the	51171
holding of an adjudication hearing under that section and Chapter	51172
119. of the Revised Code. Appeals of orders other than orders of	51173
the chief of the division of mineral resources management shall be	51174
taken under sections 3745.04 to 3745.08 of the Revised Code.	51175

The director may order that an injection well drilling permit	51176
or an injection well operating permit or renewal permit be	51177
suspended and that activities under it cease after determining	51178
that those activities are occurring in violation of law, rule,	51179
order, or term or condition of the permit. Upon service of a copy	51180
of the order upon the permit holder or the permit holder's	51181
authorized agent or assignee, the permit and activities under it	51182
shall be suspended immediately without prior hearing and shall	51183
remain suspended until the violation is corrected and the order of	51184
suspension is lifted. If a violation is the second within a	51185
one-year period, the director, after a hearing, may revoke the	51186
permit.	51187

The director may order that an injection well drilling permit	51188
or an injection well operating permit or renewal permit be	51189
suspended and that activities under it cease if the director has	51190
reasonable cause to believe that the permit would not have been	51191
issued if the information available at the time of suspension had	51192
been available at the time a determination was made by one of the	51193
agencies acting under authority of this section. Upon service of	51194
a copy of the order upon the permit holder or the permit holder's	51195
authorized agent or assignee, the permit and activities under it	51196
shall be suspended immediately without prior hearing, but a permit	51197
may not be suspended for that reason without prior hearing unless	51198
immediate suspension is necessary to prevent waste or	51199
contamination of oil or gas, comply with the Federal Water	51200
Pollution Control Act and regulations adopted under it; the "Safe	51201
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	51202
amended, and regulations adopted under it; and this chapter and	51203
the rules adopted under it, or prevent damage to valuable mineral	51204
resources, prevent contamination of an underground source of	51205
drinking water, or prevent danger to human life or health. If	51206
after a hearing the director determines that the permit would not	51207
have been issued if the information available at the time of the	51208
hearing had been available at the time a determination was made by	51209
one of the agencies acting under authority of this section, the	51210
director shall revoke the permit.	51211

When a permit has been revoked, the permit holder or other	51212
person responsible for it immediately shall plug the well in the	51213
manner required by the director.	51214

The director may issue orders to prevent or require cessation	51215
of violations of this section, section 6111.043, 6111.045,	51216
6111.046, or 6111.047 of the Revised Code, rules adopted under any	51217
of those sections, and terms or conditions of permits issued under	51218
any of them. The orders may require the elimination of conditions	51219
caused by the violation.	51220

Section 2. That existing sections 9.03, 9.06, 9.821, 9.822,	51221
101.15, 101.27, 101.30, 101.34, 101.37, 101.72, 101.73, 102.02,	51222
102.03, 102.031, 102.06, 103.143, 105.41, 107.10, 111.16, 111.18,	51223
111.23, 111.25, 118.08, 119.12, 120.06, 120.16, 120.26, 120.33,	51224
121.04, 121.371, 121.40, 121.63, 122.011, 122.71, 122.76,	51225
122.92, 124.24, 124.82, 125.22, 126.11, 126.21, 127.16, 131.01,	51226
133.021, 133.06, 133.07, 135.80, 135.81, 135.82, 135.83, 135.84,	51227
135.85, 135.86, 135.87, 140.01, 147.01, 147.02, 147.03, 147.05,	51228
147.06, 147.13, 147.14, 147.37, 147.371, 151.04, 166.03, 169.01,	51229
173.35, 173.40, 173.46, 173.47, 175.03, 175.21, 175.22, 175.24,	51230
179.02, 179.03, 179.04, 181.51, 181.52, 181.54, 181.55, 181.56,	51231
183.09, 183.10, 183.17, 183.28, 183.30, 301.27, 307.86, 313.091,	51232
325.071, 329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01,	51233
503.162, 504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63,	51234
901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402,	51235
1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421,	51236
1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01,	51237
1501.04, 1501.23, 1501.40, 1503.011, 1507.01, 1509.06, 1509.071,	51238
1509.08, 1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11,	51239
1517.05, 1517.06, 1517.07, 1521.04, 1531.35, 1533.13, 1547.67,	51240
1561.05, 1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15,	51241
1561.16, 1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22,	51242
1561.23, 1561.26, 1561.35, 1561.351, 1561.46, 1561.51, 1561.52,	51243
1563.13, 1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05,	51244
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04,	51245
1703.041, 1703.15, 1703.17, 1703.27, 1703.31, 1705.05, 1705.06,	51246
1705.38, 1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04,	51247
1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433,	51248
1785.06, 1901.26, 1907.24, 2303.20, 2303.201, 2317.02, 2317.022,	51249
2329.66, 2715.041, 2715.045, 2716.13, 2919.271, 2921.13, 2953.21,	51250
3109.14, 3109.17, 3119.022, 3301.075, 3301.70, 3301.80, 3301.85,	51251
3307.05, 3311.057, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07,	51252
3314.08, 3314.09, 3316.20, 3317.012, 3317.013, 3317.014, 3317.02,	51253
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0210,	51254
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051,	51255
3317.06, 3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161,	51256
3317.162, 3317.19, 3317.20, 3318.01, 3318.04, 3318.08, 3318.084,	51257
3318.10, 3318.31, 3318.36, 3319.19, 3321.01, 3323.09, 3323.091,	51258
3327.10, 3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21,	51259
3333.22, 3345.05, 3345.19, 3353.09, 3383.01, 3383.02, 3383.04,	51260
3383.07, 3505.063, 3517.092, 3701.04, 3701.142, 3701.77, 3701.771,	51261
3701.772, 3702.68, 3704.034, 3721.07, 3721.10, 3721.12, 3721.13,	51262
3721.15, 3721.16, 3721.17, 3721.51, 3721.56, 3722.01, 3722.15,	51263
3722.16, 3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014,	51264
3745.04, 3745.11, 3745.22, 3748.07, 3748.13, 3750.02, 3750.13,	51265
3769.08, 3769.085, 3769.087, 3769.20, 3770.06, 3773.56, 3793.04,	51266
3902.23, 3923.28, 3923.29, 3923.30, 4105.17, 4115.10, 4121.44,	51267
4123.27, 4301.12, 4301.17, 4301.24, 4301.422, 4301.43, 4303.33,	51268
4303.331, 4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08,	51269
4507.23, 4507.24, 4507.50, 4507.52, 4511.81, 4519.03, 4519.10,	51270
4519.56, 4519.69, 4701.10, 4701.16, 4707.01, 4707.011, 4707.02,	51271
4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, 4707.072,	51272
4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, 4707.13,	51273
4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, 4707.23,	51274
4707.99, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16, 4715.21,	51275
4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09, 4723.08,	51276
4723.32, 4723.79, 4725.44, 4725.48, 4725.49, 4729.65, 4731.14,	51277
4731.53, 4734.20, 4736.12, 4736.14, 4743.05, 4755.01, 4761.05,	51278
4775.01, 4775.02, 4775.08, 4775.99, 4779.01, 4779.02, 4779.16,	51279
4779.19, 4779.20, 4779.26, 4911.17, 4921.18, 4923.11, 5101.071,	51280
5101.14, 5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.50,	51281
5101.521, 5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854,	51282
5103.031, 5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314,	51283
5103.0316, 5103.07, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18,	51284
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,	51285
5111.022, 5111.041, 5111.17, 5111.231, 5111.25, 5111.251,	51286
5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06, 5119.22,	51287
5119.61, 5120.10, 5122.31, 5123.01, 5123.041, 5123.082, 5123.60,	51288
5123.71, 5123.76, 5126.01, 5126.041, 5126.042, 5126.05, 5126.051,	51289
5126.053, 5126.06, 4126.071, 5126.08, 4126.11, 5126.12, 5126.15,	51290
5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 5126.25, 5126.31,	51291
5126.311, 5126.32, 5126.357, 5126.431, 5139.01, 5139.11, 5139.29,	51292
5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5703.17, 5703.49,	51293
5705.091, 5705.19, 5705.41, 5705.44, 5709.17, 5711.33, 5721.30,	51294
5725.31, 5727.25, 5727.26, 5727.81, 5727.811, 5727.82, 5727.84,	51295
5727.85, 5727.86, 5727.87, 5728.08, 5729.07, 5731.21, 5733.02,	51296
5733.021, 5733.053, 5733.056, 5733.06, 5733.12, 5733.122,	51297
5733.18, 5733.351, 5733.401, 5733.42, 5735.06, 5735.061, 5739.01,	51298
5739.02, 5739.024, 5739.032, 5739.07, 5739.102, 5739.12,	51299
5739.121, 5739.13, 5739.18, 5741.10, 5741.12, 5743.62, 5743.63,	51300
5745.03, 5745.04, 5747.122, 5747.221, 5747.39, 5749.06, 6101.25,	51301
6109.13, 6109.21, 6111.035, and 6111.044 and sections 9.832,	51302
103.31, 103.32, 105.45, 105.46, 121.51, 121.52, 121.53, 131.41,	51303
166.032, 307.031, 1329.68, 1503.35, 1503.351, 1507.12, 1553.01,	51304
1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08,	51305
1553.09, 1553.10, 1553.99, 1561.10, 1561.53, 1561.54, 1561.55,	51306
2151.652, 3317.0215, 3318.052, 3701.88, 3702.17, 3729.01,	51307
3729.02, 3729.03, 3729.05, 3729.10, 3729.11, 3729.12, 3729.14,	51308
3729.15, 3729.16, 3729.17, 3729.18, 3729.21, 3729.22, 3729.23,	51309
3729.24, 3729.26, 3729.29, 3729.36, 3729.40, 3729.41, 3729.43,	51310
3729.45, 3729.46, 3729.55, 3729.61, 3729.99, 5101.143, 5101.52,	51311
5101.541, 5101.542, 5101.543, 5101.851, 5101.852, 5111.34,	51312
5111.341, 5111.88, 5126.054, 5139.28, and 5741.18 of the Revised	51313
Code are hereby repealed.	51314

Section 3. That the versions of sections 5139.29, 5139.31,	51315
and 5705.19 of the Revised Code that are scheduled to take effect	51316
January 1, 2002, be amended to read as follows:	51317

Sec. 5139.29. The department of youth services shall adopt	51318
and promulgate regulations prescribing the method of calculating	51319
the amount of and the time and manner for the payment of financial	51320
assistance granted under sections 5139.27, and 5139.271~~, and~~	51321
~~5139.28~~ of the Revised Code, for the construction or acquisition	51322
of a district detention facility established under section 2152.41	51323
of the Revised Code, or for the construction and maintenance of a	51324
school, forestry camp, or other facility established under section	51325
2151.65 of the Revised Code.	51326

Sec. 5139.31. The department of youth services may inspect	51327
any school, forestry camp, district detention facility, or other	51328
facility for which an application for financial assistance has	51329
been made to the department under section 2152.43, or 2151.651,	51330
~~or 2151.652~~ of the Revised Code or for which financial assistance	51331
has been granted by the department under section 5139.27,	51332
5139.271, ~~5139.28,~~ or 5139.281 of the Revised Code. The	51333
inspection may include, but need not be limited to, examination	51334
and evaluation of the physical condition of the school, forestry	51335
camp, district detention facility, or other facility, including	51336
any equipment used in connection with it; observation and	51337
evaluation of the training and treatment of children admitted to	51338
it; examination and analysis and copying of any papers, records,	51339
or other documents relating to the qualifications of personnel,	51340
the commitment of children to it, and its administration.	51341

Sec. 5705.19. This section does not apply to school	51342
districts or county school financing districts.	51343

The taxing authority of any subdivision at any time and in	51344
any year, by vote of two-thirds of all the members of the taxing	51345
authority, may declare by resolution and certify the resolution to	51346
the board of elections not less than seventy-five days before the	51347
election upon which it will be voted that the amount of taxes that	51348
may be raised within the ten-mill limitation will be insufficient	51349
to provide for the necessary requirements of the subdivision and	51350
that it is necessary to levy a tax in excess of that limitation	51351
for any of the following purposes:	51352

(A) For current expenses of the subdivision, except that the	51353
total levy for current expenses of a detention facility district	51354
or district organized under section 2151.65 of the Revised Code	51355
shall not exceed two mills and that the total levy for current	51356
expenses of a combined district organized under sections 2152.41	51357
and 2151.65 of the Revised Code shall not exceed four mills;	51358

(B) For the payment of debt charges on certain described	51359
bonds, notes, or certificates of indebtedness of the subdivision	51360
issued subsequent to January 1, 1925;	51361

(C) For the debt charges on all bonds, notes, and	51362
certificates of indebtedness issued and authorized to be issued	51363
prior to January 1, 1925;	51364

(D) For a public library of, or supported by, the	51365
subdivision under whatever law organized or authorized to be	51366
supported;	51367

(E) For a municipal university, not to exceed two mills over	51368
the limitation of one mill prescribed in section 3349.13 of the	51369
Revised Code;	51370

(F) For the construction or acquisition of any specific	51371
permanent improvement or class of improvements that the taxing	51372
authority of the subdivision may include in a single bond issue;	51373

(G) For the general construction, reconstruction,	51374
resurfacing, and repair of streets, roads, and bridges in	51375
municipal corporations, counties, or townships;	51376

(H) For recreational purposes;

51377

(I) For the purpose of providing and maintaining fire	51378
apparatus, appliances, buildings, or sites therefor, or sources of	51379
water supply and materials therefor, or the establishment and	51380
maintenance of lines of fire alarm telegraph, or the payment of	51381
permanent, part-time, or volunteer firefighters or firefighting	51382
companies to operate the same, including the payment of the	51383
firefighter employers' contribution required under section 742.34	51384
of the Revised Code, or the purchase of ambulance equipment, or	51385
the provision of ambulance, paramedic, or other emergency medical	51386
services operated by a fire department or firefighting company;	51387

(J) For the purpose of providing and maintaining motor	51388
vehicles, communications, and other equipment used directly in the	51389
operation of a police department, or the payment of salaries of	51390
permanent police personnel, including the payment of the police	51391
officer employers' contribution required under section 742.33 of	51392
the Revised Code, or the payment of the costs incurred by	51393
townships as a result of contracts made with other political	51394
subdivisions in order to obtain police protection, or the	51395
provision of ambulance or emergency medical services operated by a	51396
police department;	51397

(K) For the maintenance and operation of a county home or	51398
detention facility;	51399

(L) For community mental retardation and developmental	51400
disabilities programs and services pursuant to Chapter 5126. of	51401
the Revised Code, except that the procedure for such levies shall	51402
be as provided in section 5705.222 of the Revised Code;	51403

(M) For regional planning;

51404

(N) For a county's share of the cost of maintaining and	51405
operating schools, district detention facilities, forestry camps,	51406
or other facilities, or any combination thereof, established under	51407
section 2152.41 or 2151.65 of the Revised Code or both of those	51408
sections;	51409

(O) For providing for flood defense, providing and	51410
maintaining a flood wall or pumps, and other purposes to prevent	51411
floods;	51412

(P) For maintaining and operating sewage disposal plants and	51413
facilities;	51414

(Q) For the purpose of purchasing, acquiring, constructing,	51415
enlarging, improving, equipping, repairing, maintaining, or	51416
operating, or any combination of the foregoing, a county transit	51417
system pursuant to sections 306.01 to 306.13 of the Revised Code,	51418
or of making any payment to a board of county commissioners	51419
operating a transit system or a county transit board pursuant to	51420
section 306.06 of the Revised Code;	51421

(R) For the subdivision's share of the cost of acquiring or	51422
constructing any schools, forestry camps, detention facilities,	51423
or other facilities, or any combination thereof, under section	51424
2152.41 or 2151.65 of the Revised Code or both of those sections;	51425

(S) For the prevention, control, and abatement of air	51426
pollution;	51427

(T) For maintaining and operating cemeteries;

51428

(U) For providing ambulance service, emergency medical	51429
service, or both;	51430

(V) For providing for the collection and disposal of garbage	51431
or refuse, including yard waste;	51432

(W) For the payment of the police officer employers'	51433
contribution or the firefighter employers' contribution required	51434
under sections 742.33 and 742.34 of the Revised Code;	51435

(X) For the construction and maintenance of a drainage	51436
improvement pursuant to section 6131.52 of the Revised Code;	51437

(Y) For providing or maintaining senior citizens services or	51438
facilities as authorized by section 307.694, 307.85, 505.70, or	51439
505.706 or division (EE) of section 717.01 of the Revised Code;	51440

(Z) For the provision and maintenance of zoological park	51441
services and facilities as authorized under section 307.76 of the	51442
Revised Code;	51443

(AA) For the maintenance and operation of a free public	51444
museum of art, science, or history;	51445

(BB) For the establishment and operation of a 9-1-1 system,	51446
as defined in section 4931.40 of the Revised Code;	51447

(CC) For the purpose of acquiring, rehabilitating, or	51448
developing rail property or rail service. As used in this	51449
division, "rail property" and "rail service" have the same	51450
meanings as in section 4981.01 of the Revised Code. This division	51451
applies only to a county, township, or municipal corporation.	51452

(DD) For the purpose of acquiring property for,	51453
constructing, operating, and maintaining community centers as	51454
provided for in section 755.16 of the Revised Code;	51455

(EE) For the creation and operation of an office or joint	51456
office of economic development, for any economic development	51457
purpose of the office, and to otherwise provide for the	51458
establishment and operation of a program of economic development	51459
pursuant to sections 307.07 and 307.64 of the Revised Code;	51460

(FF) For the purpose of acquiring, establishing,	51461
constructing, improving, equipping, maintaining, or operating, or	51462
any combination of the foregoing, a township airport, landing	51463
field, or other air navigation facility pursuant to section 505.15	51464
of the Revised Code;	51465

(GG) For the payment of costs incurred by a township as a	51466
result of a contract made with a county pursuant to section	51467
505.263 of the Revised Code in order to pay all or any part of the	51468
cost of constructing, maintaining, repairing, or operating a water	51469
supply improvement;	51470

(HH) For a board of township trustees to acquire, other than	51471
by appropriation, an ownership interest in land, water, or	51472
wetlands, or to restore or maintain land, water, or wetlands in	51473
which the board has an ownership interest, not for purposes of	51474
recreation, but for the purposes of protecting and preserving the	51475
natural, scenic, open, or wooded condition of the land, water, or	51476
wetlands against modification or encroachment resulting from	51477
occupation, development, or other use, which may be styled as	51478
protecting or preserving "greenspace" in the resolution, notice of	51479
election, or ballot form;	51480

(II) For the support by a county of a crime victim	51481
assistance program that is provided and maintained by a county	51482
agency or a private, nonprofit corporation or association under	51483
section 307.62 of the Revised Code;	51484

(JJ) For any or all of the purposes set forth in divisions	51485
(I) and (J) of this section. This division applies only to a	51486
township.	51487

(KK) For a countywide public safety communications system	51488
under section 307.63 of the Revised Code. This division applies	51489
only to counties.	51490

(LL) For the support by a county of criminal justice	51491
services under section 307.45 of the Revised Code;	51492

(MM) For the purpose of maintaining and operating a jail or	51493
other detention facility as defined in section 2921.01 of the	51494
Revised Code;	51495

(NN) For purchasing, maintaining, or improving, or any	51496
combination of the foregoing, real estate on which to hold	51497
agricultural fairs. This division applies only to a county.	51498

(OO) For constructing, rehabilitating, repairing, or	51499
maintaining sidewalks, walkways, trails, bicycle pathways, or	51500
similar improvements, or acquiring ownership interests in land	51501
necessary for the foregoing improvements, by a board of township	51502
trustees;	51503

(PP) For both of the purposes set forth in divisions (G) and	51504
(OO) of this section. This division applies only to a township.	51505

(QQ) For both of the purposes set forth in divisions (H) and	51506
(HH) of this section. This division applies only to a township.	51507

(RR) For the legislative authority of a municipal	51508
corporation, board of county commissioners of a county, or board	51509
of township trustees of a township to acquire agricultural	51510
easements, as defined in section 5301.67 of the Revised Code, and	51511
to supervise and enforce the easements.	51512

(SS) For both of the purposes set forth in divisions (BB)	51513
and (KK) of this section. This division applies only to a county.	51514

The resolution shall be confined to the purpose or purposes	51515
described in one division of this section, to which the revenue	51516
derived therefrom shall be applied. The existence in any other	51517
division of this section of authority to levy a tax for any part	51518
or all of the same purpose or purposes does not preclude the use	51519
of such revenues for any part of the purpose or purposes of the	51520
division under which the resolution is adopted.	51521

The resolution shall specify the amount of the increase in	51522
rate that it is necessary to levy, the purpose of that increase in	51523
rate, and the number of years during which the increase in rate	51524
shall be in effect, which may or may not include a levy upon the	51525
duplicate of the current year. The number of years may be any	51526
number not exceeding five, except as follows:	51527

(1) When the additional rate is for the payment of debt	51528
charges, the increased rate shall be for the life of the	51529
indebtedness.	51530

(2) When the additional rate is for any of the following,	51531
the increased rate shall be for a continuing period of time:	51532

(a) For the current expenses for a detention facility	51533
district, a district organized under section 2151.65 of the	51534
Revised Code, or a combined district organized under sections	51535
2152.41 and 2151.65 of the Revised Code;	51536

(b) For providing a county's share of the cost of	51537
maintaining and operating schools, district detention facilities,	51538
forestry camps, or other facilities, or any combination thereof,	51539
established under section 2152.41 or 2151.65 of the Revised Code	51540
or under both of those sections.	51541

(3) When the additional rate is for any of the following,	51542
the increased rate may be for a continuing period of time:	51543

(a) For the purposes set forth in division (I), (J), (U), or	51544
(KK) of this section;	51545

(b) For the maintenance and operation of a joint recreation	51546
district;	51547

(c) A levy imposed by a township for the purposes set forth	51548
in division (G) of this section.	51549

(4) When the increase is for the purpose set forth in	51550
division (D) or (CC) of this section or for both of the purposes	51551
set forth in divisions (G) and (OO) of this section, the tax levy	51552
may be for any specified number of years or for a continuing	51553
period of time, as set forth in the resolution.	51554

(5) When the additional rate is for the purpose described in	51555
division (Z) of this section, the increased rate shall be for any	51556
number of years not exceeding ten.	51557

A levy for the purposes set forth in division (I), (J), or	51558
(U) of this section, and a levy imposed by a township for the	51559
purposes set forth in division (G) of this section, may be reduced	51560
pursuant to section 5705.261 or 5705.31 of the Revised Code. A	51561
levy for the purposes set forth in division (I), (J), or (U) of	51562
this section, and a levy imposed by a township for the purposes	51563
set forth in division (G) of this section, may also be terminated	51564
or permanently reduced by the taxing authority if it adopts a	51565
resolution stating that the continuance of the levy is unnecessary	51566
and the levy shall be terminated or that the millage is excessive	51567
and the levy shall be decreased by a designated amount.	51568

A resolution of a detention facility district, a district	51569
organized under section 2151.65 of the Revised Code, or a combined	51570
district organized under both sections 2152.41 and 2151.65 of the	51571
Revised Code may include both current expenses and other purposes,	51572
provided that the resolution shall apportion the annual rate of	51573
levy between the current expenses and the other purpose or	51574
purposes. The apportionment need not be the same for each year of	51575
the levy, but the respective portions of the rate actually levied	51576
each year for the current expenses and the other purpose or	51577
purposes shall be limited by the apportionment.	51578

Whenever a board of county commissioners, acting either as	51579
the taxing authority of its county or as the taxing authority of a	51580
sewer district or subdistrict created under Chapter 6117. of the	51581
Revised Code, by resolution declares it necessary to levy a tax in	51582
excess of the ten-mill limitation for the purpose of constructing,	51583
improving, or extending sewage disposal plants or sewage systems,	51584
the tax may be in effect for any number of years not exceeding	51585
twenty, and the proceeds of the tax, notwithstanding the general	51586
provisions of this section, may be used to pay debt charges on any	51587
obligations issued and outstanding on behalf of the subdivision	51588
for the purposes enumerated in this paragraph, provided that any	51589
such obligations have been specifically described in the	51590
resolution.	51591

The resolution shall go into immediate effect upon its	51592
passage, and no publication of the resolution is necessary other	51593
than that provided for in the notice of election.	51594

When the electors of a subdivision have approved a tax levy	51595
under this section, the taxing authority of the subdivision may	51596
anticipate a fraction of the proceeds of the levy and issue	51597
anticipation notes in accordance with section 5705.191 or 5705.193	51598
of the Revised Code.	51599

Section 4. That the existing versions of sections 5139.29,	51600
5139.31, and 5705.19 and the version of section 2151.652 of the	51601
Revised Code that are scheduled to take effect January 1, 2002,	51602
are hereby repealed.	51603

Section 5. Sections 3 and 4 of this act shall take effect on	51604
January 1, 2002.	51605

Section 6. That the versions of sections 5139.01 and 5139.11	51606
of the Revised Code that are scheduled to take effect January 1,	51607
2002, be amended to read as follows:	51608

Sec. 5139.01. (A) As used in this chapter:

51609

(1) "Commitment" means the transfer of the physical custody	51610
of a child or youth from the court to the department of youth	51611
services.	51612

(2) "Permanent commitment" means a commitment that vests	51613
legal custody of a child in the department of youth services.	51614

(3) "Legal custody," insofar as it pertains to the status	51615
that is created when a child is permanently committed to the	51616
department of youth services, means a legal status in which the	51617
department has the following rights and responsibilities: the	51618
right to have physical possession of the child; the right and duty	51619
to train, protect, and control the child; the responsibility to	51620
provide the child with food, clothing, shelter, education, and	51621
medical care; and the right to determine where and with whom the	51622
child shall live, subject to the minimum periods of, or periods	51623
of, institutional care prescribed in sections 2152.13 to 2152.18	51624
of the Revised Code; provided, that these rights and	51625
responsibilities are exercised subject to the powers, rights,	51626
duties, and responsibilities of the guardian of the person of the	51627
child, and subject to any residual parental rights and	51628
responsibilities.	51629

(4) Unless the context requires a different meaning,	51630
"institution" means a state facility that is created by the	51631
general assembly and that is under the management and control of	51632
the department of youth services or a private entity with which	51633
the department has contracted for the institutional care and	51634
custody of felony delinquents.	51635

(5) "Full-time care" means care for twenty-four hours a day	51636
for over a period of at least two consecutive weeks.	51637

(6) "Placement" means the conditional release of a child	51638
under the terms and conditions that are specified by the	51639
department of youth services. The department shall retain legal	51640
custody of a child released pursuant to division (C) of section	51641
2152.22 of the Revised Code or division (C) of section 5139.06 of	51642
the Revised Code until the time that it discharges the child or	51643
until the legal custody is terminated as otherwise provided by	51644
law.	51645

(7) "Home placement" means the placement of a child in the	51646
home of the child's parent or parents or in the home of the	51647
guardian of the child's person.	51648

(8) "Discharge" means that the department of youth services'	51649
legal custody of a child is terminated.	51650

(9) "Release" means the termination of a child's stay in an	51651
institution and the subsequent period during which the child	51652
returns to the community under the terms and conditions of	51653
supervised release.	51654

(10) "Delinquent child" has the same meaning as in section	51655
2152.02 of the Revised Code.	51656

(11) "Felony delinquent" means any child who is at least	51657
twelve years of age but less than eighteen years of age and who is	51658
adjudicated a delinquent child for having committed an act that if	51659
committed by an adult would be a felony. "Felony delinquent"	51660
includes any adult who is between the ages of eighteen and	51661
twenty-one and who is in the legal custody of the department of	51662
youth services for having committed an act that if committed by an	51663
adult would be a felony.	51664

(12) "Juvenile traffic offender" has the same meaning as in	51665
section 2152.02 of the Revised Code.	51666

(13) "Public safety beds" means all of the following:

51667

(a) Felony delinquents who have been committed to the	51668
department of youth services for the commission of an act, other	51669
than a violation of section 2911.01 or 2911.11 of the Revised	51670
Code, that is a category one offense or a category two offense and	51671
who are in the care and custody of an institution or have been	51672
diverted from care and custody in an institution and placed in a	51673
community corrections facility;	51674

(b) Felony delinquents who, while committed to the	51675
department of youth services and in the care and custody of an	51676
institution or a community corrections facility, are adjudicated	51677
delinquent children for having committed in that institution or	51678
community corrections facility an act that if committed by an	51679
adult would be a felony;	51680

51681

(i) They are at least twelve years of age but less than	51682
eighteen years of age.	51683

(ii) They are adjudicated delinquent children for having	51684
committed acts that if committed by an adult would be a felony.	51685

(iii) They are committed to the department of youth services	51686
by the juvenile court of a county that has had one-tenth of one	51687
per cent or less of the statewide adjudications for felony	51688
delinquents as averaged for the past four fiscal years.	51689

(iv) They are in the care and custody of an institution or a	51690
community corrections facility.	51691

(d) Felony delinquents who, while committed to the	51692
department of youth services and in the care and custody of an	51693
institution, commit in that institution an act that if committed	51694
by an adult would be a felony, who are serving disciplinary time	51695
for having committed that act, and who have been institutionalized	51696
or institutionalized in a secure facility for the minimum period	51697
of time specified in divisions (A)(1)(b) to (e) of section	51698
2152.16 of the Revised Code.	51699

(e) Felony delinquents who are subject to and serving a	51700
three-year period of commitment order imposed by a juvenile court	51701
pursuant to divisions (A) and (B) of section 2152.17 of the	51702
Revised Code for an act, other than a violation of section 2911.11	51703
of the Revised Code, that would be a category one offense or	51704
category two offense if committed by an adult.	51705

(f) Felony delinquents who are described in divisions	51706
(A)(13)(a) to (e) of this section, who have been granted a	51707
judicial release to court supervision under division (B) of	51708
section 2152.22 of the Revised Code or a judicial release to the	51709
department of youth services supervision under division (C) of	51710
that section from the commitment to the department of youth	51711
services for the act described in divisions (A)(13)(a) to (e) of	51712
this section, who have violated the terms and conditions of that	51713
release, and who, pursuant to an order of the court of the county	51714
in which the particular felony delinquent was placed on release	51715
that is issued pursuant to division (D) of section 2152.22 of the	51716
Revised Code, have been returned to the department for	51717
institutionalization or institutionalization in a secure facility.	51718

(g) Felony delinquents who have been committed to the	51719
custody of the department of youth services, who have been granted	51720
supervised release from the commitment pursuant to section 5139.51	51721
of the Revised Code, who have violated the terms and conditions of	51722
that supervised release, and who, pursuant to an order of the	51723
court of the county in which the particular child was placed on	51724
supervised release issued pursuant to division (F) of section	51725
5139.52 of the Revised Code, have had the supervised release	51726
revoked and have been returned to the department for	51727
institutionalization. A felony delinquent described in this	51728
division shall be a public safety bed only for the time during	51729
which the felony delinquent is institutionalized as a result of	51730
the revocation subsequent to the initial thirty-day period of	51731
institutionalization required by division (F) of section 5139.52	51732
of the Revised Code.	51733

(14) "State target youth" means twenty-five per cent of the	51734
projected total number of felony delinquents for each year of a	51735
biennium, factoring in revocations and recommitments.	51736

(15) Unless the context requires a different meaning,	51737
"community corrections facility" means a county or multicounty	51738
rehabilitation center for felony delinquents who have been	51739
committed to the department of youth services and diverted from	51740
care and custody in an institution and placed in the	51741
rehabilitation center pursuant to division (E) of section 5139.36	51742
of the Revised Code.	51743

(16) "Secure facility" means any facility that is designed	51744
and operated to ensure that all of its entrances and exits are	51745
under the exclusive control of its staff and to ensure that,	51746
because of that exclusive control, no child who has been	51747
institutionalized in the facility may leave the facility without	51748
permission or supervision.	51749

(17) "Community residential program" means a program that	51750
satisfies both of the following:	51751

(a) It is housed in a building or other structure that has	51752
no associated major restraining construction, including, but not	51753
limited to, a security fence.	51754

(b) It provides twenty-four-hour care, supervision, and	51755
programs for felony delinquents who are in residence.	51756

(18) "Category one offense" and "category two offense" have	51757
the same meanings as in section 2151.26 of the Revised Code.	51758

(19) "Disciplinary time" means additional time that the	51759
department of youth services requires a felony delinquent to serve	51760
in an institution, that delays the person's or felony delinquent's	51761
planned release, and that the department imposes upon the person	51762
or felony delinquent following the conduct of an internal due	51763
process hearing for having committed any of the following acts	51764
while committed to the department and in the care and custody of	51765
an institution:	51766

(a) An act that if committed by an adult would be a felony;

51767

(b) An act that if committed by an adult would be a	51768
misdemeanor;	51769

(c) An act that is not described in division (A)(19)(a) or	51770
(b) of this section and that violates an institutional rule of	51771
conduct of the department.	51772

(20) "Unruly child" has the same meaning as in section	51773
2151.022 of the Revised Code.	51774

(21) "Revocation" means the act of revoking a child's	51775
supervised release for a violation of a term or condition of the	51776
child's supervised release in accordance with section 5139.52 of	51777
the Revised Code.	51778

(22) "Release authority" means the release authority of the	51779
department of youth services that is established by section	51780
5139.50 of the Revised Code.	51781

(23) "Supervised release" means the event of the release of a	51782
child under this chapter from an institution and the period after	51783
that release during which the child is supervised and assisted by	51784
an employee of the department of youth services under specific	51785
terms and conditions for reintegration of the child into the	51786
community.	51787

(24) "Victim" means the person identified in a police report,	51788
complaint, or information as the victim of an act that would have	51789
been a criminal offense if committed by an adult and that provided	51790
the basis for adjudication proceedings resulting in a child's	51791
commitment to the legal custody of the department of youth	51792
services.	51793

(25) "Victim's representative" means a member of the victim's	51794
family or another person whom the victim or another authorized	51795
person designates in writing, pursuant to section 5139.56 of the	51796
Revised Code, to represent the victim with respect to proceedings	51797
of the release authority of the department of youth services and	51798
with respect to other matters specified in that section.	51799

(26) "Member of the victim's family" means a spouse, child,	51800
stepchild, sibling, parent, stepparent, grandparent, other	51801
relative, or legal guardian of a child but does not include a	51802
person charged with, convicted of, or adjudicated a delinquent	51803
child for committing a criminal or delinquent act against the	51804
victim or another criminal or delinquent act arising out of the	51805
same conduct, criminal or delinquent episode, or plan as the	51806
criminal or delinquent act committed against the victim.	51807

(27) "Judicial release to court supervision" means a release	51808
of a child from institutional care or institutional care in a	51809
secure facility that is granted by a court pursuant to division	51810
(B) of section 2152.22 of the Revised Code during the period	51811
specified in that division.	51812

(28) "Judicial release to department of youth services	51813
supervision" means a release of a child from institutional care or	51814
institutional care in a secure facility that is granted by a court	51815
pursuant to division (C) of section 2152.22 of the Revised Code	51816
during the period specified in that division.	51817

(29) "Juvenile justice system" includes all of the functions	51818
of the juvenile courts, the department of youth services, any	51819
public or private agency whose purposes include the prevention of	51820
delinquency or the diversion, adjudication, detention, or	51821
rehabilitation of delinquent children, and any of the functions of	51822
the criminal justice system that are applicable to children.	51823

(30) "Metropolitan county criminal justice services agency"	51824
means an agency that is established pursuant to division (A) of	51825
section 181.54 of the Revised Code.	51826

(31) "Administrative planning district" means a district that	51827
is established pursuant to division (A) or (B) of section 181.56	51828
of the Revised Code.	51829

(32) "Criminal justice coordinating council" means a criminal	51830
justice services agency that is established pursuant to division	51831
(D) of section 181.56 of the Revised Code.	51832

(33) "Comprehensive plan" means a document that coordinates,	51833
evaluates, and otherwise assists, on an annual or multi-year	51834
basis, all of the functions of the juvenile justice systems of the	51835
state or a specified area of the state, that conforms to the	51836
priorities of the state with respect to juvenile justice systems,	51837
and that conforms with the requirements of all federal criminal	51838
justice acts. These functions include, but are not limited to,	51839
all of the following:	51840

(a) Delinquency;

51841

(b) Identification, detection, apprehension, and detention	51842
of persons charged with delinquent acts;	51843

(c) Assistance to crime victims or witnesses, except that	51844
the comprehensive plan does not include the functions of the	51845
attorney general pursuant to sections 109.91 and 109.92 of the	51846
Revised Code;	51847

(d) Adjudication or diversion of persons charged with	51848
delinquent acts;	51849

(e) Custodial treatment of delinquent children;

51850

(f) Institutional and noninstitutional rehabilitation of	51851
delinquent children.	51852

(B) There is hereby created the department of youth	51853
services. The governor shall appoint the director of the	51854
department with the advice and consent of the senate. The	51855
director shall hold office during the term of the appointing	51856
governor but subject to removal at the pleasure of the governor.	51857
Except as otherwise authorized in section 108.05 of the Revised	51858
Code, the director shall devote the director's entire time to the	51859
duties of the director's office and shall hold no other office or	51860
position of trust or profit during the director's term of office.	51861

The director is the chief executive and administrative	51862
officer of the department and has all the powers of a department	51863
head set forth in Chapter 121. of the Revised Code. The director	51864
may adopt rules for the government of the department, the conduct	51865
of its officers and employees, the performance of its business,	51866
and the custody, use, and preservation of the department's	51867
records, papers, books, documents, and property. The director	51868
shall be an appointing authority within the meaning of Chapter	51869
124. of the Revised Code. Whenever this or any other chapter or	51870
section of the Revised Code imposes a duty on or requires an	51871
action of the department, the duty or action shall be performed by	51872
the director or, upon the director's order, in the name of the	51873
department.	51874

Sec. 5139.11. The department of youth services shall do all	51875
of the following:	51876

(A) Through a program of education, promotion, and	51877
organization, form groups of local citizens and assist these	51878
groups in conducting activities aimed at the prevention and	51879
control of juvenile delinquency, making use of local people and	51880
resources for the following purposes:	51881

(1) Combatting local conditions known to contribute to	51882
juvenile delinquency;	51883

(2) Developing recreational and other programs for youth	51884
work;	51885

(3) Providing adult sponsors for delinquent children cases;

51886

(4) Dealing with other related problems of the locality.

51887

(B) Advise local, state, and federal officials, public and	51888
private agencies, and lay groups on the needs for and possible	51889
methods of the reduction and prevention of juvenile delinquency	51890
and the treatment of delinquent children;	51891

(C) Consult with the schools and courts of this state on the	51892
development of programs for the reduction and prevention of	51893
delinquency and the treatment of delinquents;	51894

(D) Cooperate with other agencies whose services deal with	51895
the care and treatment of delinquent children to the end that	51896
delinquent children who are state wards may be assisted whenever	51897
possible to a successful adjustment outside of institutional care;	51898

(E) Cooperate with other agencies in surveying, developing,	51899
and utilizing the recreational resources of a community as a means	51900
of combatting the problem of juvenile delinquency and effectuating	51901
rehabilitation;	51902

(F) Hold district and state conferences from time to time in	51903
order to acquaint the public with current problems of juvenile	51904
delinquency and develop a sense of civic responsibility toward the	51905
prevention of juvenile delinquency;	51906

(G) Assemble and distribute information relating to juvenile	51907
delinquency and report on studies relating to community conditions	51908
that affect the problem of juvenile delinquency;	51909

(H) Assist any community within the state by conducting a	51910
comprehensive survey of the community's available public and	51911
private resources, and recommend methods of establishing a	51912
community program for combatting juvenile delinquency and crime,	51913
but no survey of that type shall be conducted unless local	51914
individuals and groups request it through their local authorities,	51915
and no request of that type shall be interpreted as binding the	51916
community to following the recommendations made as a result of the	51917
request;	51918

(I) Evaluate the rehabilitation of children committed to the	51919
department and prepare and submit periodic reports to the	51920
committing court for the following purposes:	51921

(1) Evaluating the effectiveness of institutional treatment;

51922

(2) Making recommendations for judicial release under	51923
section 2152.22 of the Revised Code if appropriate and	51924
recommending conditions for judicial release;	51925

(3) Reviewing the placement of children and recommending	51926
alternative placements where appropriate.	51927

(J) Coordinate dates for hearings to be conducted under	51928
section 2152.22 of the Revised Code and assist in the transfer	51929
and release of children from institutionalization to the custody	51930
of the committing court;	51931

(K)(1) Coordinate and assist juvenile justice systems by	51932
doing the following:	51933

(a) Performing juvenile justice system planning in the state,	51934
including any planning that is required by any federal law;	51935

(b) Collecting, analyzing, and correlating information and	51936
data concerning the juvenile justice system in the state;	51937

(c) Cooperating with and providing technical assistance to	51938
state departments, administrative planning districts, metropolitan	51939
county criminal justice services agencies, criminal justice	51940
coordinating councils, and agencies, offices, and departments of	51941
the juvenile justice system in the state, and other appropriate	51942
organizations and persons;	51943

(d) Encouraging and assisting agencies, offices, and	51944
departments of the juvenile justice system in the state and other	51945
appropriate organizations and persons to solve problems that	51946
relate to the duties of the department;	51947

(e) Administering within the state any juvenile justice acts	51948
and programs that the governor requires the department to	51949
administer;	51950

(f) Implementing the state comprehensive plans;

51951

(g) Auditing grant activities of agencies, offices,	51952
organizations, and persons that are financed in whole or in part	51953
by funds granted through the department;	51954

(h) Monitoring or evaluating the performance of juvenile	51955
justice system projects and programs in the state that are	51956
financed in whole or in part by funds granted through the	51957
department;	51958

(i) Applying for, allocating, disbursing, and accounting for	51959
grants that are made available pursuant to federal juvenile	51960
justice acts, or made available from other federal, state, or	51961
private sources, to improve the criminal and juvenile justice	51962
systems in the state. All money from federal juvenile justice act	51963
grants shall, if the terms under which the money is received	51964
require that the money be deposited into an interest bearing fund	51965
or account, be deposited in the state treasury to the credit of	51966
the federal juvenile justice program purposes fund, which is	51967
hereby created. All investment earnings shall be credited to the	51968
fund.	51969

(j) Contracting with federal, state, and local agencies,	51970
foundations, corporations, businesses, and persons when necessary	51971
to carry out the duties of the department;	51972

(k) Overseeing the activities of metropolitan county	51973
criminal justice services agencies, administrative planning	51974
districts, and juvenile justice coordinating councils in the	51975
state;	51976

(l) Advising the general assembly and governor on	51977
legislation and other significant matters that pertain to the	51978
improvement and reform of the juvenile justice system in the	51979
state;	51980

(m) Preparing and recommending legislation to the general	51981
assembly and governor for the improvement of the juvenile justice	51982
system in the state;	51983

(n) Assisting, advising, and making any reports that are	51984
required by the governor, attorney general, or general assembly;	51985

(o) Adopting rules pursuant to Chapter 119. of the Revised	51986
Code.	51987

(2) Division (K)(1) of this section does not limit the	51988
discretion or authority of the attorney general with respect to	51989
crime victim assistance and criminal and juvenile justice	51990
programs.	51991

(3) Nothing in division (K)(1) of this section is intended	51992
to diminish or alter the status of the office of the attorney	51993
general as a criminal justice services agency.	51994

(4) The governor may appoint any advisory committees to	51995
assist the department that the governor considers appropriate or	51996
that are required under any state or federal law.	51997

Section 7. That the existing versions of sections 5139.01 and	51998
5139.11 of the Revised Code that are scheduled to take effect	51999
January 1, 2002, are hereby repealed.	52000

Section 8. Sections 6 and 7 of this act shall take effect on	52001
January 1, 2002.	52002

Section 9. Except as otherwise provided, all appropriation	52003
items (AI) in this act are appropriated out of any moneys in the	52004
state treasury to the credit of the designated fund that are not	52005
otherwise appropriated. For all appropriations made in this act,	52006
the amounts in the first column are for fiscal year 2002 and the	52007
amounts in the second column are for fiscal year 2003.	52008

FND

AI TITLE

FY 2002

FY 2003

52010

Section 10. ACC ACCOUNTANCY BOARD OF OHIO	52011

General Services Fund Group

52012

4J8	889-601	CPA Education Assistance	$	204,400	$	209,510	52013
4K9	889-609	Operating Expenses	$	870,318	$	917,458	52014
TOTAL GSF General Services Fund							52015
Group			$	1,074,718	$	1,126,968	52016
TOTAL ALL BUDGET FUND GROUPS			$	1,074,718	$	1,126,968	52017

Section 11. PAY ACCRUED LEAVE LIABILITY	52019

Accrued Leave Liability Fund Group

52020

806	995-666	Accrued Leave Fund	$	52,083,178	$	56,760,331	52021
807	995-667	Disability Fund	$	42,843,384	$	47,127,722	52022
TOTAL ALF Accrued Leave Liability							52023
Fund Group			$	94,926,562	$	103,888,053	52024

Agency Fund Group

52025

808	995-668	State Employee Health Benefit Fund	$	163,866,236	$	187,635,594	52026
809	995-669	Dependent Care Spending Account	$	3,050,554	$	3,355,609	52027
810	995-670	Life Insurance Investment Fund	$	2,109,592	$	2,236,167	52028
811	995-671	Parental Leave Benefit Fund	$	4,914,815	$	6,143,519	52029
TOTAL AGY Agency Fund Group			$	173,941,197	$	199,370,889	52030

TOTAL ALL BUDGET FUND GROUPS

268,867,759

303,258,942

52031

ACCRUED LEAVE LIABILITY FUND

52032

The foregoing appropriation item 995-666, Accrued Leave Fund,	52033
shall be used to make payments from the Accrued Leave Liability	52034
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	52035
If it is determined by the Director of Budget and Management that	52036
additional amounts are necessary, the amounts are appropriated.	52037

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

52038

The foregoing appropriation item 995-667, Disability Fund,	52039
shall be used to make payments from the State Employee Disability	52040
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	52041
Revised Code. If it is determined by the Director of Budget and	52042
Management that additional amounts are necessary, the amounts are	52043
appropriated.	52044

STATE EMPLOYEE HEALTH BENEFIT FUND

52045

The foregoing appropriation item 995-668, State Employee	52046
Health Benefit Fund, shall be used to make payments from the State	52047
Employee Health Benefit Fund (Fund 808), pursuant to section	52048
124.87 of the Revised Code. If it is determined by the Director	52049
of Budget and Management that additional amounts are necessary,	52050
the amounts are appropriated.	52051

DEPENDENT CARE SPENDING ACCOUNT

52052

The foregoing appropriation item 995-669, Dependent Care	52053
Spending Account, shall be used to make payments from the	52054
Dependent Care Spending Account (Fund 809) to employees eligible	52055
for dependent care expenses. If it is determined by the Director	52056
of Budget and Management that additional amounts are necessary,	52057
the amounts are appropriated.	52058

LIFE INSURANCE INVESTMENT FUND

52059

The foregoing appropriation item 995-670, Life Insurance	52060
Investment Fund, shall be used to make payments from the Life	52061
Insurance Investment Fund (Fund 810) for the costs and expenses of	52062
the state's life insurance benefit program pursuant to section	52063
125.212 of the Revised Code. If it is determined by the Director	52064
of Budget and Management that additional amounts are necessary,	52065
the amounts are appropriated.	52066

PARENTAL LEAVE BENEFIT FUND

52067

The foregoing appropriation item 995-671, Parental Leave	52068
Benefit Fund, shall be used to make payments from the Parental	52069
Leave Benefit Fund (Fund 811) to employees eligible for parental	52070
leave benefits pursuant to section 124.137 of the Revised Code. If	52071
it is determined by the Director of Budget and Management that	52072
additional amounts are necessary, the amounts are appropriated.	52073

Section 12. ADJ ADJUTANT GENERAL

52074

General Revenue Fund

52075

GRF	745-401	Ohio Military Reserve	$	14,901	$	15,200	52076
GRF	745-403	Armory Deferred Maintenance	$	250,000	$	250,000	52077
GRF	745-404	Air National Guard	$	1,845,527	$	1,921,854	52078
GRF	745-409	Central Administration	$	3,975,185	$	4,222,598	52079
GRF	745-499	Army National Guard	$	3,878,881	$	3,988,519	52080
GRF	745-502	Ohio National Guard Unit Fund	$	106,980	$	103,058	52081
TOTAL GRF General Revenue Fund			$	10,071,474		10,501,229	52082

General Services Fund Group

52083

534	745-612	Armory Improvements	$	529,014	$	534,304	52084
536	745-620	Camp Perry Clubhouse and Rental	$	1,054,359	$	1,094,970	52085
537	745-604	ONG Maintenance	$	214,464	$	219,826	52086
TOTAL GSF General Services Fund Group			$	1,797,837	$	1,849,100	52087

Federal Special Revenue Fund Group

52088

3E8	745-628	Air National Guard Operations and Maintenance Agreement	$	11,821,084	$	12,770,931	52089
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	52090
3S0	745-602	Higher Ground Training	$	20,000	$	20,000	52091
341	745-615	Air National Guard Base Security	$	1,770,744	$	1,841,573	52092
342	745-616	Army National Guard Service Agreement	$	6,429,352	$	6,749,210	52093
TOTAL FED Federal Special Revenue Fund Group			$	20,066,180	$	21,406,714	52094

State Special Revenue Fund Group

52095

528	745-605		Marksmanship Activities		$	64,466		$	66,078		52096
TOTAL SSR State Special Revenue Fund Group					$	64,466		$	66,078		52097

TOTAL ALL BUDGET FUND GROUPS

31,999,957

33,823,121

52098

ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD	52099
TRAINING SITE AGREEMENT	52100

On July 1, 2001, or as soon thereafter as possible, the	52101
Adjutant General shall certify to the Director of Budget and	52102
Management the cash balance in Fund 343, Army National Guard	52103
Training Site Agreement. The Director of Budget and Management	52104
shall transfer the certified amount from Fund 343 to Fund 342,	52105
Army National Guard Service Agreement. Any existing encumbrances	52106
in appropriation item 745-619, Army National Guard Training Site	52107
Agreement (Fund 343), shall be canceled and reestablished against	52108
appropriation item 745-616, Army National Guard Service Agreement	52109
(Fund 342). The amounts of the reestablished encumbrances are	52110
appropriated, and Fund 343 is abolished.	52111

Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

52112

General Revenue Fund

52113

GRF	100-402	Unemployment Compensation	$	107,713	$	109,114	52114
GRF	100-405	Agency Audit Expenses	$	662,147	$	614,704	52115
GRF	100-406	County & University Human Resources Services	$	850,133	$	838,777	52116
GRF	100-409	Departmental Information Services	$	948,332	$	975,481	52117
GRF	100-414	Ohio Geographically Referenced Information Program	$	512,410	$	510,807	52118
GRF	100-416	Strategic Technology Development Programs	$	3,470,440	$	5,000,000	52119
GRF	100-417	MARCS	$	5,350,344	$	6,176,160	52120
GRF	100-419	Ohio SONET	$	4,527,924	$	4,625,879	52121
GRF	100-420	Innovation Ohio	$	144,000	$	144,000	52122
GRF	100-421	ERP Project Implementation	$	600,000	$	624,000	52123
GRF	100-433	State of Ohio Computer Center	$	5,003,580	$	5,027,234	52124
GRF	100-439	Equal Opportunity Certification Programs	$	817,894	$	861,093	52125
GRF	100-447	OBA - Building Rent Payments	$	100,075,600	$	119,923,600	52126
GRF	100-448	OBA - Building Operating Payments	$	26,098,000	$	26,098,000	52127
GRF	100-449	DAS - Building Operating Payments	$	5,126,955	$	5,126,968	52128
GRF	100-451	Minority Affairs	$	119,706	$	118,043	52129
GRF	100-734	Major Maintenance	$	70,224	$	68,376	52130
GRF	102-321	Construction Compliance	$	1,392,590	$	1,396,506	52131
GRF	130-321	State Agency Support Services	$	3,632,427	$	3,740,888	52132
TOTAL GRF General Revenue Fund			$	159,510,419	$	181,979,630	52133

General Services Fund Group

52134

112	100-616	DAS Administration	$	5,243,105	$	5,503,547	52135
115	100-632	Central Service Agency	$	399,438	$	376,844	52136
117	100-644	General Services Division - Operating	$	5,790,000	$	7,091,000	52137
122	100-637	Fleet Management	$	1,600,913	$	1,652,189	52138
125	100-622	Human Resources Division - Operating	$	23,895,125	$	24,640,311	52139
127	100-627	Vehicle Liability Insurance	$	3,373,835	$	3,487,366	52140
128	100-620	Collective Bargaining	$	3,292,859	$	3,410,952	52141
130	100-606	Risk Management Reserve	$	185,900	$	197,904	52142
131	100-639	State Architect's Office	$	7,504,787	$	7,772,789	52143
132	100-631	DAS Building Management	$	10,887,913	$	11,362,872	52144
188	100-649	Equal Opportunity Programs	$	1,214,691	$	1,253,311	52145
201	100-653	General Services Resale Merchandise	$	1,779,000	$	1,833,000	52146
210	100-612	State Printing	$	6,648,503	$	6,928,823	52147
4H2	100-604	Governor's Residence Gift	$	22,628	$	23,194	52148
4P3	100-603	Departmental MIS Services	$	7,447,713	$	7,761,365	52149
427	100-602	Investment Recovery	$	4,204,735	$	4,179,184	52150
5C2	100-605	MARCS Development	$	3,429,947	$	4,475,190	52151
5C3	100-608	Skilled Trades	$	2,237,200	$	2,332,464	52152
5D7	100-621	Workforce Development	$	12,000,000	$	12,000,000	52153
5L7	100-610	Professional Development	$	2,700,000	$	2,700,000	52154
TOTAL GSF General Services Fund							52155
Group			$	103,858,292	$	108,982,305	52156

Intragovernmental Service Fund Group

52157

133	100-607	Information Technology Fund	$	104,482,097	$	111,387,436	52158
4N6	100-617	Major Computer Purchases	$	12,000,000	$	4,500,000	52159
TOTAL ISF Intragovernmental							52160
Service Fund Group			$	116,482,097	$	115,887,436	52161

Agency Fund Group

52162

113	100-628	Unemployment Compensation	$	3,500,000	$	3,577,000	52163
124	100-629	Payroll Deductions	$	1,877,100,000	$	1,999,100,000	52164
TOTAL AGY Agency Fund Group			$	1,880,600,000	$	2,002,677,000	52165

Holding Account Redistribution Fund Group

52166

R08	100-646	General Services Refunds	$	20,000	$	20,000	52167
TOTAL 090 Holding Account							52168
Redistribution Fund Group			$	20,000	$	20,000	52169
TOTAL ALL BUDGET FUND GROUPS			$	2,260,470,808	$	2,409,546,371	52170

Section 13.01. AGENCY AUDIT EXPENSES

52172

Of the foregoing appropriation item 100-405, Agency Audit	52173
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	52174
fiscal year 2003 shall be used to subsidize the operations of the	52175
Central Service Agency. The Department of Administrative Services	52176
shall transfer cash from appropriation item 100-405, Agency Audit	52177
Expenses, to the Central Service Agency Fund (Fund 115) using an	52178
intrastate transfer voucher.	52179

Of the foregoing appropriation item 100-405, Agency Audit	52180
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	52181
year 2003 shall be used for the Department of Administrative	52182
Services' GRF appropriation item-related auditing expenses. The	52183
remainder of the appropriation shall be used for auditing expenses	52184
designated in division (A)(1) of section 117.13 of the Revised	52185
Code for those state agencies audited on a biennial basis.	52186

Section 13.02. OHIO BUILDING AUTHORITY

52187

The foregoing appropriation item 100-447, OBA - Building Rent	52188
Payments, shall be used to meet all payments at the times they are	52189
required to be made during the period from July 1, 2001, to June	52190
30, 2003, by the Department of Administrative Services to the Ohio	52191
Building Authority pursuant to leases and agreements under Chapter	52192
152. of the Revised Code, but limited to the aggregate amount of	52193
$219,999,200. The foregoing appropriation item 100-448, OBA -	52194
Building Operating Payments, shall be used to meet all payments at	52195
the times that they are required to be made during the period from	52196
July 1, 2001, to June 30, 2003, by the Department of	52197
Administrative Services to the Ohio Building Authority pursuant to	52198
leases and agreements under Chapter 152. of the Revised Code, but	52199
limited to the aggregate amount of $52,196,000. These	52200
appropriations are the source of funds pledged for bond service	52201
charges on obligations issued pursuant to Chapter 152. of the	52202
Revised Code.	52203

The payments to the Ohio Building Authority are for the	52204
purpose of paying the expenses of agencies that occupy space in	52205
the various state facilities. The Department of Administrative	52206
Services may enter into leases and agreements with the Ohio	52207
Building Authority providing for the payment of these expenses.	52208
The Ohio Building Authority shall report to the Department of	52209
Administrative Services and the Office of Budget and Management	52210
not later than five months after the start of a fiscal year the	52211
actual expenses incurred by the Ohio Building Authority in	52212
operating the facilities and any balances remaining from payments	52213
and rentals received in the prior fiscal year. The Department of	52214
Administrative Services shall reduce subsequent payments by the	52215
amount of the balance reported to it by the Ohio Building	52216
Authority.	52217

Section 13.03. DAS - BUILDING OPERATING PAYMENTS

52218

The foregoing appropriation item 100-449, DAS - Building	52219
Operating Payments, shall be used to pay the rent expenses of	52220
veterans organizations pursuant to section 123.024 of the Revised	52221
Code in fiscal years 2002 and 2003.	52222

The foregoing appropriation item, 100-449, DAS - Building	52223
Operating Payments, may be used to provide funding for the cost of	52224
property appraisals that the Department of Administrative Services	52225
may be required to obtain for property that is being sold by the	52226
state or property under consideration to be purchased by the	52227
state.	52228

Of the foregoing appropriation item 100-449, DAS - Building	52229
Operating Payment, $100,000 shall be used in fiscal year 2002 to	52230
fund the renovation of new office space for the State Library and	52231
the Ohioana Library Association.	52232

Notwithstanding section 125.28 of the Revised Code, the	52233
remaining portion of the appropriation may be used to pay the	52234
operating expenses of state facilities maintained by the	52235
Department of Administrative Services that are not billed to	52236
building tenants. These expenses may include, but are not limited	52237
to, the costs for vacant space and space undergoing renovation,	52238
and the rent expenses of tenants that are relocated due to	52239
building renovations. These payments shall be processed by the	52240
Department of Administrative Services through intrastate transfer	52241
vouchers and placed in the Facilities Management Fund (Fund 132).	52242

Section 13.04. MINORITY AFFAIRS

52243

The foregoing appropriation item 100-451, Minority Affairs,	52244
shall be used to establish minority affairs programs within the	52245
Equal Opportunity Division. The office shall provide an access	52246
point and official representation to multi-cultural communities;	52247
research and reports on multi-cultural issues; and educational,	52248
governmental, and other services that foster multi-cultural	52249
opportunities and understanding in the state of Ohio.	52250

Section 13.05. CENTRAL SERVICE AGENCY FUND

52251

In order to complete the migration of the licensing	52252
applications of the professional licensing boards to a local area	52253
network, the Director of Budget and Management may, at the request	52254
of the Director of Administrative Services, cancel related	52255
encumbrances in the Central Service Agency Fund (Fund 115) and	52256
reestablish these encumbrances in fiscal year 2002 for the same	52257
purpose and to the same vendor. The Director of Budget and	52258
Management shall reduce the appropriation balance in fiscal year	52259
2001 by the amount of encumbrances canceled in Fund 115. As	52260
determined by the Director of Budget and Management, the amount	52261
necessary to reestablish such encumbrances or parts of	52262
encumbrances in fiscal year 2002 in the Central Service Agency	52263
Fund (Fund 115) is appropriated.	52264

The Director of Budget and Management may transfer up to	52265
$399,000 in fiscal year 2002 and up to $354,000 in fiscal year	52266
2003 from the Occupational Licensing and Regulatory Fund (Fund	52267
4K9) to the Central Service Agency Fund (Fund 115). The Director	52268
of Budget and Management may transfer up to $34,000 in fiscal year	52269
2002 and up to $30,000 in fiscal year 2003 from the State Medical	52270
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	52271
(Fund 115). The Director of Budget and Management may transfer up	52272
to $18,000 in fiscal year 2002 and up to $16,000 in fiscal year	52273
2003 from the Pharmacy Board Operating Fund (Fund 5N2) to the	52274
Central Service Agency Fund (Fund 115). The appropriation item	52275
100-632, Central Service Agency, shall be used to purchase the	52276
necessary equipment, products, and services to install and	52277
maintain a local area network for the professional licensing	52278
boards, and to support their licensing applications. The amount	52279
of the cash transfer is appropriated to appropriation item	52280
100-632, Central Service Agency.	52281

Section 13.06. TUITION REIMBURSEMENT

52282

Of the foregoing appropriation item 100-622, Human Resources	52283
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in	52284
fiscal year 2003 shall be set aside for the District 1199 Health	52285
Care Employees Tuition Reimbursement Program, per existing	52286
collective bargaining agreements. Of the foregoing appropriation	52287
item 100-622, Human Resources Division - Operating, $75,000 in	52288
fiscal year 2002 and $75,000 in fiscal year 2003 shall be set	52289
aside for the Ohio Education Association Tuition Reimbursement	52290
Program, per existing collective bargaining agreements. The	52291
Department of Administrative Services, with the approval of the	52292
Director of Budget and Management, shall establish charges for	52293
recovering the costs of administering the District 1199 Health	52294
Care Employees Tuition Reimbursement Program and the Ohio	52295
Education Association Tuition Reimbursement Program. Receipts for	52296
these charges shall be deposited into the Human Resources Services	52297
Fund (Fund 125).	52298

Section 13.07. COLLECTIVE BARGAINING ARBITRATION EXPENSES

52299

With approval of the Director of Budget and Management, the	52300
Department of Administrative Services may seek reimbursement from	52301
state agencies for the actual costs and expenses the department	52302
incurs in the collective bargaining arbitration process. The	52303
reimbursements shall be processed through intrastate transfer	52304
vouchers and placed in the Collective Bargaining Fund (Fund 128).	52305

Section 13.08. EQUAL OPPORTUNITY PROGRAM

52306

The Department of Administrative Services, with the approval	52307
of the Director of Budget and Management, shall establish charges	52308
for recovering the costs of administering the activities supported	52309
by the Equal Opportunity Programs Fund (Fund 188). These charges	52310
shall be deposited to the credit of the Equal Opportunity Programs	52311
Fund (Fund 188) upon payment made by state agencies,	52312
state-supported or state-assisted institutions of higher	52313
education, and tax-supported agencies, municipal corporations, and	52314
other political subdivisions of the state, for services rendered.	52315

Section 13.09. MERCHANDISE FOR RESALE	52316

The foregoing appropriation item 100-653, General Services	52317
Resale Merchandise, shall be used to account for merchandise for	52318
resale, which is administered by the General Services Division.	52319
Deposits to the fund may comprise the cost of merchandise for	52320
resale and shipping fees.	52321

Section 13.10. GOVERNOR'S RESIDENCE GIFT	52322

The foregoing appropriation item 100-604, Governor's	52323
Residence Gift, shall be used to provide part or all of the	52324
funding related to construction, goods, or services for the	52325
Governor's residence. All receipts for this purpose shall be	52326
deposited into Fund 4H2.	52327

Section 13.11. DEPARTMENTAL MIS

52328

The foregoing appropriation item 100-603, Departmental MIS	52329
Services, may be used to pay operating expenses of management	52330
information systems activities in the Department of Administrative	52331
Services. The Department of Administrative Services shall	52332
establish charges for recovering the costs of management	52333
information systems activities. These charges shall be deposited	52334
to the credit of the Departmental MIS Fund (Fund 4P3).	52335

Notwithstanding any other language to the contrary, the	52336
Director of Budget and Management may transfer up to $3,000,000 of	52337
fiscal year 2002 appropriations and up to $3,000,000 of fiscal	52338
year 2003 appropriations from appropriation item 100-603,	52339
Departmental MIS Services, to any Department of Administrative	52340
Services non-General Revenue Fund appropriation item. The	52341
appropriations transferred shall be used to make payments for	52342
management information systems services. Notwithstanding any	52343
other language to the contrary, the Director of Budget and	52344
Management may transfer up to $217,313 of fiscal year 2002	52345
appropriations and up to $193,031 of fiscal year 2003	52346
appropriations from appropriation item 100-409, Departmental	52347
Information Services, to any Department of Administrative Services	52348
appropriation item in the General Revenue Fund. The	52349
appropriations transferred shall be used to make payments for	52350
management information systems services.	52351

Section 13.12. INVESTMENT RECOVERY FUND

52352

Notwithstanding division (B) of section 125.14 of the Revised	52353
Code, cash balances in the Investment Recovery Fund may be used to	52354
support the operating expenses of the Federal Surplus Operating	52355
Program created in sections 125.84 to 125.90 of the Revised Code.	52356

Notwithstanding division (B) of section 125.14 of the Revised	52357
Code, cash balances in the Investment Recovery Fund may be used to	52358
support the operating expenses of the State Property Inventory and	52359
Fixed Assets Management System Program.	52360

Of the foregoing appropriation item 100-602, Investment	52361
Recovery, up to $2,045,302 in fiscal year 2002 and up to	52362
$1,959,192 in fiscal year 2003 shall be used to pay the operating	52363
expenses of the State Surplus Property Program, the Surplus	52364
Federal Property Program, and the State Property Inventory and	52365
Fixed Assets Management System Program pursuant to Chapter 125. of	52366
the Revised Code and this section. If additional appropriations	52367
are necessary for the operations of these programs, the Director	52368
of Administrative Services shall seek increased appropriations	52369
from the Controlling Board under section 131.35 of the Revised	52370
Code.	52371

Of the foregoing appropriation item 100-602, Investment	52372
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal	52373
year 2003 shall be used to transfer proceeds from the sale of	52374
surplus property from the Investment Recovery Fund to non-General	52375
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	52376
Revised Code. If it is determined by the Director of	52377
Administrative Services that additional appropriations are	52378
necessary for the transfer of such sale proceeds, the Director of	52379
Administrative Services may request the Director of Budget and	52380
Management to increase the amounts. Such amounts are	52381
appropriated.	52382

Notwithstanding division (B) of section 125.14 of the Revised	52383
Code, the Director of Budget and Management, at the request of the	52384
Director of Administrative Services, shall transfer up to	52385
$2,500,000 of the amounts held for transfer to the General Revenue	52386
Fund from the Investment Recovery Fund (Fund 427) to the General	52387
Services Fund (Fund 117) during the biennium beginning July 1,	52388
2001, and ending June 30, 2003. The cash transferred to the	52389
General Services Fund shall be used to pay the operating expenses	52390
of the Competitive Sealed Proposal Program.	52391

Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

52392

Notwithstanding division (B)(3) of section 4505.09 of the	52393
Revised Code, the Director of Budget and Management, at the	52394
request of the Director of Administrative Services, may transfer	52395
up to $3,429,947 in fiscal year 2002 and $4,475,190 in fiscal year	52396
2003 from the Automated Title Processing System (Fund 849) to the	52397
Multi-Agency Radio Communications Systems Fund (Fund 5C2). The	52398
cash transferred to the Multi-Agency Radio Communications Systems	52399
Fund shall be used for the development of the MARCS system.	52400

Effective with the implementation of the Multi-Agency Radio	52401
Communications System, the Director of Administrative Services	52402
shall collect user fees from participants in the system. The	52403
Director of Administrative Services, with the advice of the	52404
Multi-Agency Radio Communications System Steering Committee and	52405
the Director of Budget and Management, shall determine the amount	52406
of the fees and the manner by which the fees shall be collected.	52407
Such user charges shall comply with the applicable cost principles	52408
issued by the federal Office of Management and Budget. All moneys	52409
from user charges and fees shall be deposited in the state	52410
treasury to the credit of the Multi-Agency Radio Communications	52411
System Administration Fund (Fund 5C2).	52412

Section 13.14. WORKFORCE DEVELOPMENT FUND

52413

There is hereby established in the state treasury the	52414
Workforce Development Fund (Fund 5D7). The foregoing	52415
appropriation item 100-621, Workforce Development, shall be used	52416
to make payments from the fund. The fund shall be under the	52417
supervision of the Department of Administrative Services, which	52418
may adopt rules with regard to administration of the fund. The	52419
fund shall be used to pay the costs of the Workforce Development	52420
Program established by Article 37 of the contract between the	52421
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000.	52422
The program shall be administered in accordance with the contract.	52423
Revenues shall accrue to the fund as specified in the contract.	52424
The fund may be used to pay direct and indirect costs of the	52425
program that are attributable to staff, consultants, and service	52426
providers. All income derived from the investment of the fund	52427
shall accrue to the fund.	52428

If it is determined by the Director of Administrative	52429
Services that additional appropriation amounts are necessary, the	52430
Director of Administrative Services may request that the Director	52431
of Budget and Management increase such amounts. Such amounts are	52432
appropriated.	52433

Section 13.15. PROFESSIONAL DEVELOPMENT FUND

52434

The foregoing appropriation item 100-610, Professional	52435
Development, shall be used to make payments from the Professional	52436
Development Fund (Fund 5L7) pursuant to section 124.182 of the	52437
Revised Code.	52438

Section 13.16. COMPUTER EQUIPMENT PURCHASES

52439

The Director of Administrative Services shall compute the	52440
amount of revenue attributable to the amortization of all	52441
equipment purchases from appropriation item 100-607, Information	52442
Technology Fund; appropriation item 100-617, Major Computer	52443
Purchases; and appropriation item CAP-837, Major Equipment	52444
Purchases, which is recovered by the Department of Administrative	52445
Services as part of the rates charged by the Information	52446
Technology Fund (Fund 133) created in section 125.15 of the	52447
Revised Code. The Director of Budget and Management may transfer	52448
cash in an amount not to exceed the amount of amortization	52449
computed from the Information Technology Fund (Fund 133) to Major	52450
Computer Purchases (Fund 4N6).	52451

Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT

52452

The Director of Administrative Services, with the approval of	52453
the Director of Budget and Management, may establish an	52454
information technology assessment for the purpose of recovering	52455
the cost of selected infrastructure development and statewide	52456
programs. Such assessment shall comply with applicable cost	52457
principles issued by the federal Office of Management and Budget.	52458
During the fiscal year 2001-2003 biennium, the information	52459
technology assessment may be used to partially fund the cost of	52460
electronic-government infrastructure. The information technology	52461
assessment shall be charged to all organized bodies, offices, or	52462
agencies established by the laws of the state for the exercise of	52463
any function of state government except for the General Assembly,	52464
any legislative agency, the Supreme Court, the other courts of	52465
record in Ohio, or any judicial agency, the Adjutant General, the	52466
Bureau of Workers' Compensation, and institutions administered by	52467
a board of trustees. Any state-entity exempted by this section	52468
may utilize the infrastructure or statewide program by	52469
participating in the information technology assessment. All	52470
charges for the information technology assessment shall be	52471
deposited to the credit of the Information Technology Fund (Fund	52472
133) created in section 125.15 of the Revised Code.	52473

Section 13.18. E-GOVERNMENT DEVELOPMENT FUND

52474

The Director of Budget and Management shall transfer any cash	52475
balances remaining in the E-Government Development Fund (Fund 5M6)	52476
after November 30, 2001, from the E-Government Development Fund to	52477
the Information Technology Fund (Fund 133) created in section	52478
125.15 of the Revised Code.	52479

Section 13.19. UNEMPLOYMENT COMPENSATION FUND

52480

The foregoing appropriation item 100-628, Unemployment	52481
Compensation, shall be used to make payments from the Unemployment	52482
Compensation Fund (Fund 113), pursuant to section 4141.241 of the	52483
Revised Code. If it is determined that additional amounts are	52484
necessary, such amounts are appropriated.	52485

Section 13.20. PAYROLL WITHHOLDING FUND

52486

The foregoing appropriation item 100-629, Payroll Deductions,	52487
shall be used to make payments from the Payroll Withholding Fund	52488
(Fund 124). If it is determined by the Director of Budget and	52489
Management that additional appropriation amounts are necessary,	52490
such amounts are appropriated.	52491

Section 13.21. GENERAL SERVICES REFUNDS

52492

The foregoing appropriation item 100-646, General Services	52493
Refunds, shall be used to hold bid guarantee and building plans	52494
and specifications deposits until they are refunded. The Director	52495
of Administrative Services may request that the Director of Budget	52496
and Management transfer cash received for the costs of providing	52497
the building plans and specifications to contractors from the	52498
General Services Refund Fund to Fund 131, State Architect's	52499
Office. Prior to the transfer of cash, the Director of	52500
Administrative Services shall certify that such amounts are in	52501
excess of amounts required for refunding deposits and are directly	52502
related to costs of producing building plans and specifications.	52503
If it is determined that additional appropriations are necessary,	52504
such amounts are appropriated.	52505

Section 13.22. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	52506
SERVICE PAYMENTS	52507

The Director of Administrative Services, in consultation with	52508
the Multi-Agency Radio Communication System (MARCS) Steering	52509
Committee and the Director of Budget and Management, shall	52510
determine the share of debt service payments attributable to	52511
spending for MARCS components that are not specific to any one	52512
agency and that shall be charged to agencies supported by the	52513
motor fuel tax. Such share of debt service payments shall be	52514
calculated for MARCS capital disbursements made beginning July 1,	52515
1997. Within thirty days of any payment made from appropriation	52516
item 100-447, OBA - Building Rent Payments, the Director of	52517
Administrative Services shall certify to the Director of Budget	52518
and Management the amount of this share. The Director of Budget	52519
and Management shall transfer such amounts to the General Revenue	52520
Fund from the Highway Operating Fund (Fund 002) established in	52521
section 5735.281 of the Revised Code.	52522

The Director of Administrative Services shall consider	52523
renting or leasing existing tower sites at reasonable or current	52524
market rates, so long as these existing sites are equipped with	52525
the technical capabilities to support the MARCS project.	52526

Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

52527

Whenever the Director of Administrative Services declares a	52528
"Public Exigency," as provided in division (C) of section 123.15	52529
of the Revised Code, the Director shall also notify the members of	52530
the Controlling Board.	52531

Section 13.24. GENERAL SERVICE CHARGES

52532

The Department of Administrative Services, with the approval	52533
of the Director of Budget and Management, shall establish charges	52534
for recovering the costs of administering the programs in the	52535
General Services Fund (Fund 117) and the State Printing Fund (Fund	52536
210).	52537

Section 14. AAM COMMISSION ON AFRICAN AMERICAN MALES	52538

General Revenue Fund

52539

GRF	036-100	Personal Services	$	254,538	$	267,265	52540
GRF	036-200	Maintenance	$	47,500	$	47,175	52541
GRF	036-300	Equipment	$	19,000	$	18,870	52542
GRF	036-501	CAAM Awards and Scholarships	$	15,200	$	15,096	52543
GRF	036-502	Community Projects	$	38,000	$	27,750	52544
TOTAL GRF General Revenue Fund			$	374,238	$	376,156	52545

State Special Revenue Fund Group

52546

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	52547
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	52548
TOTAL ALL BUDGET FUND GROUPS			$	384,238	$	386,156	52549

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW	52550

No later than December 31, 2001, the Commission on African	52551
American Males shall submit to the chairperson and ranking	52552
minority member of the Human Services Subcommittee of the Finance	52553
and Appropriations Committee of the House of Representatives a	52554
report that demonstrates the progress that has been made toward	52555
meeting the Commission's mission statement.	52556

Section 15. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW	52557

General Revenue Fund

52558

GRF	029-321	Operating Expenses	$	365,881	$	365,881	52559
TOTAL GRF General Revenue Fund			$	365,881	$	365,881	52560
TOTAL ALL BUDGET FUND GROUPS			$	365,881	$	365,881	52561

OPERATING

52562

The Chief Administrative Officer of the House of	52563
Representatives and the Clerk of the Senate shall determine, by	52564
mutual agreement, which of them shall act as fiscal agent for the	52565
Joint Committee on Agency Rule Review.	52566

Section 16. AGE DEPARTMENT OF AGING	52567

General Revenue Fund

52568

GRF	490-321	Operating Expenses	$	2,896,946	$	2,877,346	52569
GRF	490-403	PASSPORT	$	61,867,800	$	63,840,739	52570
GRF	490-405	Golden Buckeye Card	$	377,560	$	377,560	52571
GRF	490-406	Senior Olympics	$	39,862	$	39,862	52572
GRF	490-407	Long-Term Care Consumer Guide	$	622,799	$	622,799	52573
GRF	490-409	Ohio Community Service Council Operations	$	311,640	$	311,640	52574
GRF	490-410	Long-Term Care Ombudsman	$	1,412,058	$	1,412,058	52575
GRF	490-411	Senior Community Services	$	13,784,750	$	13,784,750	52576
GRF	490-412	Residential State Supplement	$	12,534,591	$	12,290,915	52577
GRF	490-414	Alzheimers Respite	$	4,436,673	$	4,436,673	52578
GRF	490-416	Transportation For Elderly	$	183,000	$	183,000	52579
GRF	490-499	Senior Employment Program	$	15,574	$	15,574	52580
GRF	490-504	Senior Facilities	$	130,000	$	100,000	52581
GRF	490-506	Senior Volunteers	$	491,614	$	496,580	52582
TOTAL GRF General Revenue Fund			$	99,104,867	$	100,789,496	52583

General Services Fund Group

52584

480	490-606	Senior Citizens Services Special Events	$	363,587	$	372,677	52585
TOTAL GSF General Services Fund							52586
Group			$	363,587	$	372,677	52587

Federal Special Revenue Fund Group

52588

3C4	490-607	PASSPORT	$	129,645,833	$	144,875,065	52589
3M3	490-611	Federal Aging Nutrition	$	22,943,588	$	23,517,178	52590
3M4	490-612	Federal Supportive Services	$	21,025,940	$	21,545,338	52591
3R7	490-617	Ohio Community Service Council Programs	$	7,350,920	$	7,350,920	52592
322	490-618	Older Americans Support Services	$	10,873,661	$	11,144,778	52593
TOTAL FED Federal Special Revenue							52594
Fund Group			$	191,839,942	$	208,433,279	52595

State Special Revenue Fund Group

52596

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	440,185	$	451,190	52597
4J4	490-610	PASSPORT/Residential State Supplement	$	24,000,000	$	24,000,000	52598
4U9	490-602	PASSPORT Fund	$	5,000,000	$	5,000,000	52599
5K9	490-613	Nursing Home Consumer Guide	$	400,000	$	400,000	52600
624	490-604	OCSC Community Support	$	2,500	$	2,500	52601
TOTAL SSR State Special Revenue							52602
Fund Group			$	29,842,685	$	29,853,690	52603
TOTAL ALL BUDGET FUND GROUPS			$	321,151,081	$	339,449,142	52604

Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	52606
ADMISSION	52607

Pursuant to sections 5101.751 and 5101.754 of the Revised	52608
Code and an interagency agreement, the Department of Job and	52609
Family Services shall designate the Department of Aging to perform	52610
assessments under sections 5101.75 and 5111.204 of the Revised	52611
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	52612
Department of Aging may use not more than $2,390,300 in fiscal	52613
year 2002 and $2,450,058 in fiscal year 2003 to perform the	52614
assessments for persons not eligible for Medicaid in accordance	52615
with the department's interagency agreement with the Department of	52616
Job and Family Services and to assist individuals in planning for	52617
their long-term health care needs.	52618

Section 16.02. PASSPORT

52619

Appropriation item 490-403, PASSPORT, and the amounts set	52620
aside for the PASSPORT Waiver Program in appropriation item	52621
490-610, PASSPORT/Residential State Supplement, may be used to	52622
assess clients regardless of Medicaid eligibility.	52623

The Director of Aging shall adopt rules under section 111.15	52624
of the Revised Code governing the nonwaiver funded PASSPORT	52625
program, including client eligibility.	52626

The Department of Aging shall administer the Medicaid Waiver	52627
funded PASSPORT Home Care program as delegated by the Department	52628
of Job and Family Services in an interagency agreement. The	52629
foregoing appropriation item 490-403, PASSPORT, and the amounts	52630
set aside for the PASSPORT Waiver Program in appropriation item	52631
490-610, PASSPORT/Residential State Supplement, shall be used to	52632
provide the required state match for federal Medicaid funds	52633
supporting the Medicaid Waiver funded PASSPORT Home Care program.	52634
Appropriation item 490-403, PASSPORT, and the amounts set aside	52635
for the PASSPORT Waiver Program in appropriation item 490-610,	52636
PASSPORT/Residential State Supplement, may also be used to support	52637
the Department of Aging's administrative costs associated with	52638
operating the PASSPORT program.	52639

The foregoing appropriation item 490-607, PASSPORT, shall be	52640
used to provide the federal matching share for all PASSPORT	52641
program costs determined by the Department of Job and Family	52642
Services to be eligible for Medicaid reimbursement.	52643

ELDERCARE PILOT

52644

The foregoing appropriation item 490-404, Eldercare, shall be	52645
used to fund the existing eldercare service programs and shall be	52646
limited to providing services to those persons who are enrolled in	52647
these programs on the effective date of this section.	52648

SENIOR COMMUNITY SERVICES

52649

The foregoing appropriation item 490-411, Senior Community	52650
Services, shall be used for services designated by the Department	52651
of Aging, including, but not limited to, home-delivered meals,	52652
transportation services, personal care services, respite services,	52653
home repair, and care coordination. Service priority shall be	52654
given to low income, frail, and cognitively impaired persons 60	52655
years of age and over. The department shall promote cost sharing	52656
by service recipients for those services funded with block grant	52657
funds, including, where possible, sliding-fee scale payment	52658
systems based on the income of service recipients.	52659

ALZHEIMERS RESPITE

52660

The foregoing appropriation item 490-414, Alzheimers Respite,	52661
shall be used only to fund Alzheimer's disease services under	52662
section 173.04 of the Revised Code.	52663

TRANSPORTATION FOR ELDERLY

52664

The foregoing appropriation item 490-416, Transportation for	52665
Elderly, shall be used for non-capital expenses related to	52666
transportation services for the elderly that provide access to	52667
such things as healthcare services, congregate meals,	52668
socialization programs, and grocery shopping. The appropriation	52669
shall be allocated to the following agencies:	52670

(A) $45,000 per fiscal year to the Cincinnati Jewish	52671
Vocational Services;	52672

(B) $45,000 per fiscal year to the Cleveland Jewish	52673
Community Center;	52674

(C) $45,000 per fiscal year to the Columbus Jewish	52675
Federation;	52676

(D) $20,000 per fiscal year to the Dayton Jewish Family	52677
Services;	52678

(E) $10,000 per fiscal year to the Akron Jewish Community	52679
Center;	52680

(F) $5,000 per fiscal year to the Youngstown Jewish	52681
Federation;	52682

(G) $3,000 per fiscal year to the Canton Jewish Federation;

52683

(H) $10,000 per fiscal year to the Toledo Jewish Federation.

52684

Agencies receiving funding from appropriation item 490-416,	52685
Transportation for Elderly, shall coordinate services with other	52686
local service agencies.	52687

RESIDENTIAL STATE SUPPLEMENT

52688

Under the Residential State Supplement Program, the amount	52689
used to determine whether a resident is eligible for payment and	52690
for determining the amount per month the eligible resident will	52691
receive shall be as follows:	52692

(A) $900 for a residential care facility, as defined in	52693
section 3721.01 of the Revised Code;	52694

(B) $900 for an adult group home, as defined in Chapter	52695
3722. of the Revised Code;	52696

(C) $800 for an adult foster home, as defined in Chapter	52697
173. of the Revised Code;	52698

(D) $800 for an adult family home, as defined in Chapter	52699
3722. of the Revised Code;	52700

(E) $800 for an adult community alternative home, as defined	52701
in Chapter 3724. of the Revised Code;	52702

(F) $800 for an adult residential facility, as defined in	52703
Chapter 5119. of the Revised Code;	52704

(G) $600 for adult community mental health housing services,	52705
as defined in division (B)(5) of section 173.35 of the Revised	52706
Code.	52707

The Departments of Aging and Job and Family Services shall	52708
reflect this amount in any applicable rules the departments adopt	52709
under section 173.35 of the Revised Code.	52710

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

52711

The Department of Aging may transfer cash by intrastate	52712
transfer vouchers from the foregoing appropriation items 490-412,	52713
Residential State Supplement, and 490-610, PASSPORT/Residential	52714
State Supplement, to the Department of Job and Family Services'	52715
Fund 4J5, Home and Community-Based Services for the Aged Fund.	52716
The funds shall be used to make benefit payments to Residential	52717
State Supplement recipients.	52718

LONG-TERM CARE OMBUDSMAN

52719

The foregoing appropriation item 490-410, Long-Term Care	52720
Ombudsman, shall be used for a program to fund ombudsman program	52721
activities in nursing homes, adult care facilities, boarding	52722
homes, and home and community care services.	52723

SENIOR FACILITIES

52724

Of the foregoing appropriation item 490-504, Senior	52725
Facilities, in fiscal year 2002, $10,000 shall be for the Tri-city	52726
Senior Center, $10,000 shall be for the Westlake Senior Center,	52727
and $10,000 shall be for the Rocky River Senior Center.	52728

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

52729

The foregoing appropriation item 490-609, Regional Long-Term	52730
Care Ombudsman Programs, shall be used solely to pay the costs of	52731
operating the regional long-term care ombudsman programs.	52732

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

52733

Of the foregoing appropriation item 490-610,	52734
PASSPORT/Residential State Supplement, up to $2,835,000 each	52735
fiscal year shall be used to fund the Residential State Supplement	52736
Program. The remaining available funds shall be used to fund the	52737
PASSPORT program.	52738

Section 16.03. RESIDENTIAL STATE SUPPLEMENT	52739

If the Department of Aging, in consultation with the Director	52740
of Budget and Management, determines that available funding is	52741
insufficient to make payments to all eligible individuals, the	52742
department may establish priority policies to further limit	52743
eligibility criteria.	52744

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	52745
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	52746

Upon written request of the Director of Aging, the Director	52747
of Budget and Management may transfer appropriation authority	52748
among appropriation items 490-611, Federal Aging Nutrition,	52749
490-612, Federal Supportive Services, and 490-618, Older Americans	52750
Support Services, in amounts not to exceed 30 per cent of the	52751
appropriation from which the transfer is made. The Department of	52752
Aging shall report such transfers to the Controlling Board at the	52753
next regularly scheduled meeting of the board.	52754

OHIO COMMUNITY SERVICE COUNCIL

52755

The foregoing appropriation items 490-409, Ohio Community	52756
Service Council, and 490-617, Ohio Community Service Council	52757
Programs, shall be used in accordance with section 121.40 of the	52758
Revised Code.	52759

Section 17. AGR DEPARTMENT OF AGRICULTURE	52760

General Revenue Fund

52761

GRF	700-321	Operating Expenses	$	3,160,884	$	3,334,073	52762
GRF	700-401	Animal Disease Control	$	4,340,887	$	4,385,108	52763
GRF	700-402	Amusement Ride Safety	$	226,451	$	230,769	52764
GRF	700-403	Dairy Division	$	1,569,097	$	1,707,877	52765
GRF	700-404	Ohio Proud	$	222,856	$	228,266	52766
GRF	700-405	Animal Damage Control	$	86,780	$	84,358	52767
GRF	700-406	Consumer Analytical Lab	$	889,058	$	900,001	52768
GRF	700-407	Food Safety	$	1,422,998	$	1,377,956	52769
GRF	700-409	Farmland Preservation	$	100,000	$	100,000	52770
GRF	700-410	Plant Industry	$	1,517,969	$	1,561,620	52771
GRF	700-411	International Trade and Market Development	$	889,620	$	798,062	52772
GRF	700-412	Weights and Measures	$	991,136	$	996,634	52773
GRF	700-413	Gypsy Moth Prevention	$	633,214	$	634,279	52774
GRF	700-414	Concentrated Animal Feeding Facilities Advisory Committee	$	23,275	$	22,663	52775
GRF	700-415	Poultry Inspection	$	322,256	$	320,960	52776
GRF	700-418	Livestock Regulation Program	$	1,357,487	$	1,563,898	52777
GRF	700-424	Livestock Testing and Inspections	$	229,996	$	228,438	52778
GRF	700-499	Meat Inspection Program - State Share	$	4,654,566	$	4,977,168	52779
GRF	700-501	County Agricultural Societies	$	466,842	$	466,842	52780
GRF	700-503	Swine and Cattle Breeder Awards	$	113,160	$	107,076	52781
TOTAL GRF General Revenue Fund			$	23,218,532	$	24,026,048	52782

Federal Special Revenue Fund Group

52783

3J4	700-607	Indirect Cost	$	1,380,026	$	1,314,020	52784
3R2	700-614	Federal Plant Industry	$	1,607,887	$	1,682,330	52785
326	700-618	Meat Inspection Service - Federal Share	$	4,401,707	$	4,959,973	52786
336	700-617	Ohio Farm Loan Revolving Fund	$	181,774	$	181,774	52787
382	700-601	Cooperative Contracts	$	1,027,692	$	1,091,347	52788
TOTAL FED Federal Special Revenue							52789
Fund Group			$	8,599,086	$	9,229,444	52790

State Special Revenue Fund Group

52791

4C9	700-605	Feed, Fertilizer, and Lime Inspection	$	909,033	$	975,244	52792
4D2	700-609	Auction Education	$	30,476	$	30,476	52793
4E4	700-606	Utility Radiological Safety	$	69,016	$	73,059	52794
4P7	700-610	Food Safety Inspection	$	559,611	$	575,797	52795
4R0	700-636	Ohio Proud Marketing	$	125,297	$	133,614	52796
4R2	700-637	Dairy Inspection Fund	$	1,183,358	$	1,174,591	52797
4T6	700-611	Poultry and Meat Inspection	$	47,294	$	47,294	52798
4T7	700-613	International Trade and Market Development Rotary	$	161,991	$	166,356	52799
4V5	700-615	Animal Industry Lab Fees	$	626,633	$	633,097	52800
493	700-603	Fruits and Vegetables Inspection Fees	$	212,764	$	171,772	52801
494	700-612	Agricultural Commodity Marketing Program	$	166,536	$	169,867	52802
496	700-626	Ohio Grape Industries	$	1,048,667	$	1,071,099	52803
497	700-627	Commodity Handlers Regulatory Program	$	566,862	$	648,616	52804
5B8	700-628	Auctioneers	$	346,769	$	365,390	52805
5H2	700-608	Metrology Lab	$	74,674	$	138,624	52806
5L8	700-604	Livestock Management Program	$	250,000	$	250,000	52807
578	700-620	Ride Inspection Fees	$	634,099	$	650,774	52808
579	700-630	Scale Certification	$	230,047	$	230,047	52809
652	700-634	Laboratory Services	$	1,179,560	$	1,144,766	52810
669	700-635	Pesticide Program	$	2,108,049	$	2,181,491	52811
TOTAL SSR State Special Revenue							52812
Fund Group			$	10,530,736	$	10,831,974	52813
TOTAL ALL BUDGET FUND GROUPS			$	42,348,354	$	44,087,466	52814

ANIMAL DISEASE CONTROL

52815

The funds in appropriation item 700-401, Animal Disease	52816
Control, may be used for the detection, prevention, and emergency	52817
management of, and the education of the public regarding, Foot and	52818
Mouth disease, Mad Cow disease, and West Nile virus.	52819

THE AUCTION FUND

52820

On October 1, 2001, the unencumbered cash balances in the	52821
Auction Education Fund (Fund 4D2) and the Auction Licensing Fund	52822
(Fund 5B8) shall be transferred from the Department of Commerce to	52823
the Department of Agriculture. During the 90-day period before	52824
the transfer, the Director of Commerce and the Director of	52825
Agriculture shall enter into an agreement and take all steps	52826
necessary to transfer the duties and responsibilities related to	52827
the licensing and oversight of auctioneers from the Department of	52828
Commerce to the Department of Agriculture. The Director of	52829
Commerce and the Director of Agriculture shall recommend to the	52830
Director of Budget and Management any transfer of funds necessary	52831
to carry out this transfer of responsibilities.	52832

THE DAIRY INDUSTRY FUND

52833

On July 1, 2001, or as soon thereafter as possible, the	52834
Director of Budget and Management shall transfer the cash balance	52835
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	52836
4R2). The director shall cancel any existing encumbrances against	52837
appropriation item 700-602, License Fees (Fund 4V0), and	52838
reestablish them against appropriation item 700-637, Dairy	52839
Inspection (Fund 4R2). The amounts of the reestablished	52840
encumbrances are appropriated.	52841

Section 18. AIR AIR QUALITY DEVELOPMENT AUTHORITY	52842

Agency Fund Group

52843

4Z9	898-602	Small Business Ombudsman	$	222,719	$	233,482	52844
5A0	898-603	Small Business Assistance	$	192,647	$	197,463	52845
570	898-601	Operating Expenses	$	243,070	$	258,383	52846
TOTAL AGY Agency Fund Group			$	658,436	$	689,328	52847
TOTAL ALL BUDGET FUND GROUPS			$	658,436	$	689,328	52848

Section 19. ADA DEPARTMENT OF ALCOHOL AND

52850

DRUG ADDICTION SERVICES

52851

General Revenue Fund

52852

GRF	038-321	Operating Expenses	$	1,500,549	$	1,548,211	52853
GRF	038-401	Alcohol and Drug Addiction Services	$	29,742,355	$	28,946,504	52854
GRF	038-404	Prevention Services	$	1,327,357	$	1,292,427	52855
TOTAL GRF General Revenue Fund			$	32,570,261	$	31,787,142	52856

General Services Fund

52857

5B7	038-629	TANF Transfer - Treatment	$	3,500,000	$	3,500,000	52858
5EB	038-630	TANF Transfer - Mentoring	$	1,500,000	$	1,500,000	52859
TOTAL GSF General Services Fund Group			$	5,000,000	$	5,000,000	52860

Federal Special Revenue Fund Group

52861

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	52862
3G4	038-614	Substance Abuse Block Grant	$	65,062,211	$	65,062,211	52863
3H8	038-609	Demonstration Grants	$	3,093,075	$	3,093,075	52864
3J8	038-610	Medicaid	$	21,500,000	$	21,500,000	52865
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	52866
TOTAL FED Federal Special Revenue							52867
Fund Group			$	93,655,286	$	93,655,286	52868

State Special Revenue Fund Group

52869

475	038-621	Statewide Treatment and Prevention	$	15,100,000	$	14,550,000	52870
5P1	038-615	Credentialing	$	450,000	$	0	52871
689	038-604	Education and Conferences	$	245,000	$	245,000	52872
TOTAL SSR State Special Revenue							52873
Fund Group			$	15,795,000	$	14,795,000	52874
TOTAL ALL BUDGET FUND GROUPS			$	147,020,547	$	145,237,428	52875

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

52876

Of the foregoing appropriation item 038-401, Alcohol and Drug	52877
Addiction Services, $4 million in each fiscal year shall be	52878
allocated for services to families, adults, and adolescents	52879
pursuant to the requirements of Am. Sub. H.B. 484 of the 122nd	52880
General Assembly.	52881

ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

52882

The foregoing appropriation item 038-629, TANF	52883
Transfer-Treatment, shall be used to provide substance abuse	52884
prevention and treatment services to children, or their families,	52885
whose income is at or below 200 per cent of the official income	52886
poverty guideline.	52887

The foregoing appropriation item 038-630, TANF	52888
Transfer-Mentoring, shall be used to fund adolescent youth	52889
mentoring programs for children, or their families, whose income	52890
is at or below 200 per cent of the official income poverty	52891
guideline. The Director of Alcohol and Drug Addiction Services	52892
and the Director of Job and Family Services shall develop	52893
operating and reporting guidelines for these programs.	52894

PARENT AWARENESS TASK FORCE

52895

The Parent Awareness Task Force shall study ways to engage	52896
more parents in activities, coalitions, and educational programs	52897
in Ohio relating to alcohol and other drug abuse prevention. Of	52898
the foregoing appropriation item 038-404, Prevention Services,	52899
$30,000 in each fiscal year may be used to support the functions	52900
of the Parent Awareness Task Force.	52901

PLAN TO EVALUATE PER CAPITA FORMULA	52902

Not later than June 30, 2002, the Department of Alcohol and	52903
Drug Addiction Services shall establish a plan to evaluate the	52904
current per capita formula used in determining how state and	52905
federal funds for alcohol and drug addiction services are	52906
allocated under section 3793.04 of the Revised Code. The plan	52907
shall evaluate all of the following:	52908

(A) Whether population statistics alone should be used to	52909
quantify the need for funding in a county;	52910

(B) Whether other social and economic demographic indicators	52911
should be utilized;	52912

52913

Section 20. AMB AMBULANCE LICENSING BOARD	52914

General Services Fund Group

52915

4N1	915-601	Operating Expenses	$	240,894	$	251,255	52916
TOTAL GSF General Services							52917
Fund Group			$	240,894	$	251,255	52918
TOTAL ALL BUDGET FUND GROUPS			$	240,894	$	251,255	52919

Section 21. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS	52921

General Services Fund Group

52922

4K9	891-609	Operating Expenses	$	461,465	$	484,574	52923
TOTAL GSF General Services Fund							52924
Group			$	461,465	$	484,574	52925
TOTAL ALL BUDGET FUND GROUPS			$	461,465	$	484,574	52926

Section 22. ART OHIO ARTS COUNCIL	52928

General Revenue Fund

52929

GRF	370-100	Personal Services	$	2,104,509	$	2,176,032	52930
GRF	370-200	Maintenance	$	517,233	$	513,694	52931
GRF	370-300	Equipment	$	21,843	$	21,693	52932
GRF	370-502	Program Subsidies	$	13,199,273	$	13,199,273	52933
TOTAL GRF General Revenue Fund			$	15,842,858	$	15,910,692	52934

General Services Fund Group

52935

4B7	370-603	Per Cent for Art Acquisitions	$	84,672	$	86,366	52936
460	370-602	Gifts and Donations	$	334,969	$	345,012	52937
TOTAL GSF General Services Fund Group			$	419,641	$	431,378	52938

Federal Special Revenue Fund Group

52939

314	370-601	Federal Programs	$	862,000	$	862,000	52940
TOTAL FED Federal Special Revenue Fund Group			$	862,000	$	862,000	52941
TOTAL ALL BUDGET FUND GROUPS			$	17,124,499	$	17,204,070	52942

PROGRAM SUBSIDIES

52943

A museum is not eligible to receive funds from appropriation	52944
item 370-502, Program Subsidies, if $8,000,000 or more in capital	52945
appropriations were appropriated by the state for the museum	52946
between January 1, 1986, and December 31, 2002.	52947

PER CENT FOR ART ACQUISITIONS

52948

The unobligated balance remaining from prior projects of	52949
appropriation item 370-603, Per Cent for Art Acquisitions, shall	52950
be used by the Ohio Arts Council to pay for start-up costs in	52951
connection with the selection of artists of new Per Cent for Art	52952
projects.	52953

Section 23. AFC OHIO ARTS AND SPORTS FACILITIES	52954

COMMISSION

52955

General Revenue Fund

52956

GRF	371-321	Operating Expenses	$	100,000	$	100,000	52957
GRF	371-401	Lease Rental Payments	$	33,526,100	$	36,413,200	52958
TOTAL GRF General Revenue Fund			$	33,626,100	$	36,513,200	52959

State Special Revenue Fund Group

52960

4T8	371-601	Riffe Theatre Equipment Maintenance	$	22,628	$	23,194	52961
4T8	371-603	Project Administration	$	924,075	$	921,868	52962
TOTAL SSR State Special Revenue Group			$	946,703	$	945,062	52963
TOTAL ALL BUDGET FUND GROUPS			$	34,572,803	$	37,458,262	52964

OHIO BUILDING AUTHORITY LEASE PAYMENTS

52965

Appropriations to the Arts and Sports Facilities Commission	52966
from the General Revenue Fund include $69,939,300 for the biennium	52967
for appropriation item 371-401, Lease Rental Payments. This	52968
appropriation shall be used for payments to the Ohio Building	52969
Authority for the period July 1, 2001, to June 30, 2003, pursuant	52970
to the primary leases and agreements for those buildings made	52971
under Chapter 152. of the Revised Code which are the source of	52972
funds pledged for bond service charges on related obligations	52973
issued pursuant to Chapter 152. of the Revised Code.	52974

OPERATING EXPENSES

52975

The foregoing appropriation item 371-603, Project	52976
Administration, shall be used by the Ohio Arts and Sports	52977
Facilities Commission to carry out its responsibilities pursuant	52978
to this section and Chapter 3383. of the Revised Code.	52979

Within ten days after the effective date of this section, or	52980
as soon as possible thereafter, the Executive Director of the Ohio	52981
Arts and Sports Facilities Commission shall certify to the	52982
Director of Budget and Management the amount of cash to be	52983
transferred, up to the amount of the appropriation, from the Arts	52984
Facilities Building Fund (Fund 030) and the Sports Facilities	52985
Building Fund (Fund 024) to the Arts and Sports Facilities	52986
Commission Administration Fund (Fund 4T8).	52987

By July 10, 2002, or as soon as possible thereafter, the	52988
Executive Director of the Arts and Sports Facilities Commission	52989
shall certify to the Director of Budget and Management the amount	52990
of cash to be transferred, up to the amount of the appropriation,	52991
from the Arts Facilities Building Fund (Fund 030) and the Sports	52992
Facilities Fund (Fund 024) to the Arts and Sports Administration	52993
Fund (Fund 4T8).	52994

Section 24. ATH ATHLETIC COMMISSION	52995

General Services Fund Group

52996

4K9	175-609	Athletic Commission - Operating	$	140,088	$	144,343	52997
5R1	175-602	Athlete Agents Registration	$	35,000	$	35,000	52998
TOTAL GSF General Services Fund Group			$	175,088	$	179,343	52999
TOTAL ALL BUDGET FUND GROUPS			$	175,088	$	179,343	53000

Section 25. AGO ATTORNEY GENERAL

53002

General Revenue Fund

53003

GRF	055-321	Operating Expenses	$	59,120,482	$	61,775,856	53004
GRF	055-405	Law-Related Education	$	199,790	$	204,785	53005
GRF	055-406	Community Police Match and Law Enforcement Assistance	$	3,013,464	$	3,111,336	53006
GRF	055-411	County Sheriffs	$	620,506	$	636,019	53007
GRF	055-415	County Prosecutors	$	520,084	$	533,086	53008
TOTAL GRF General Revenue Fund			$	63,474,326	$	66,261,082	53009

General Services Fund Group

53010

106	055-612	General Reimbursement	$	14,997,546	$	15,786,163	53011
107	055-624	Employment Services	$	1,211,307	$	1,284,396	53012
195	055-660	Workers' Compensation Section	$	7,343,128	$	7,769,628	53013
4Y7	055-608	Title Defect Rescission	$	840,260	$	870,623	53014
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	324,009	$	332,109	53015
418	055-615	Charitable Foundations	$	1,841,113	$	1,899,066	53016
420	055-603	Attorney General Antitrust	$	435,560	$	446,449	53017
421	055-617	Police Officers' Training Academy Fee	$	1,134,861	$	1,193,213	53018
5A9	055-618	Telemarketing Fraud Enforcement	$	51,100	$	52,378	53019
590	055-633	Peace Officer Private Security Fund	$	94,784	$	98,370	53020
629	055-636	Corrupt Activity Investigation and Prosecution	$	105,590	$	108,230	53021
631	055-637	Consumer Protection Enforcement	$	1,254,020	$	1,373,832	53022
TOTAL GSF General Services Fund							53023
Group			$	29,633,278	$	31,214,457	53024

Federal Special Revenue Fund Group

53025

3E5	055-638	Anti-Drug Abuse	$	2,939,693	$	2,939,693	53026
3R6	055-613	Attorney General Federal Funds	$	1,929,110	$	1,998,972	53027
306	055-620	Medicaid Fraud Control	$	2,633,348	$	2,765,015	53028
381	055-611	Civil Rights Legal Service	$	334,249	$	354,304	53029
383	055-634	Crime Victims Assistance	$	14,500,000	$	15,225,000	53030
TOTAL FED Federal Special Revenue							53031
Fund Group			$	22,336,400	$	23,282,984	53032

State Special Revenue Fund Group

53033

4L6	055-606	DARE	$	3,830,137	$	3,927,962	53034
402	055-616	Victims of Crime	$	26,144,763	$	27,933,893	53035
417	055-621	Domestic Violence Shelter	$	14,139	$	14,492	53036
419	055-623	Claims Section	$	14,017,852	$	14,749,954	53037
659	055-641	Solid and Hazardous Waste Background Investigations	$	834,417	$	880,751	53038
TOTAL SSR State Special Revenue							53039
Fund Group			$	44,841,308	$	47,507,052	53040

Holding Account Redistribution Fund Group

53041

R03	055-629	Bingo License Refunds	$	5,200	$	5,200	53042
R04	055-631	General Holding Account	$	275,000	$	275,000	53043
R05	055-632	Antitrust Settlements	$	10,400	$	10,400	53044
R18	055-630	Consumer Frauds	$	750,000	$	750,000	53045
R42	055-601	Organized Crime Commission Account	$	200,000	$	200,000	53046
TOTAL 090 Holding Account							53047
Redistribution Fund Group			$	1,240,600	$	1,240,600	53048
TOTAL ALL BUDGET FUND GROUPS			$	161,525,912	$	169,506,175	53049

LAW-RELATED EDUCATION

53050

The foregoing appropriation item 055-405, Law-Related	53051
Education, shall be distributed directly to the Ohio Center for	53052
Law-Related Education for the purposes of providing continuing	53053
citizenship education activities to primary and secondary students	53054
and accessing additional public and private money for new	53055
programs.	53056

WORKERS' COMPENSATION SECTION

53057

The Workers' Compensation Section Fund (Fund 195) shall	53058
receive payments from the Bureau of Workers' Compensation and the	53059
Ohio Industrial Commission at the beginning of each quarter of	53060
each fiscal year to fund legal services to be provided to the	53061
Bureau of Workers' Compensation and the Ohio Industrial Commission	53062
during the ensuing quarter. Such advance payment shall be subject	53063
to adjustment.	53064

In addition, the Bureau of Workers' Compensation shall	53065
transfer payments at the beginning of each quarter for the support	53066
of the Workers' Compensation Fraud Unit.	53067

All amounts shall be mutually agreed upon by the Attorney	53068
General, the Bureau of Workers' Compensation, and the Ohio	53069
Industrial Commission.	53070

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

53071

The foregoing appropriation item 055-636, Corrupt Activity	53072
Investigation and Prosecution, shall be used as provided by	53073
division (D)(2) of section 2923.35 of the Revised Code to dispose	53074
of the proceeds, fines, and penalties credited to the Corrupt	53075
Activity Investigation and Prosecution Fund, which is created in	53076
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	53077
is determined that additional amounts are necessary, the amounts	53078
are appropriated.	53079

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

53080

In fiscal years 2002 and 2003, the Attorney General's Office	53081
may request that the Director of Budget and Management transfer	53082
appropriation authority from appropriation Item 055-321, Operating	53083
Expenses, to appropriation item 055-406, Community Police Match	53084
and Law Enforcement Assistance. The Director of Budget and	53085
Management shall then transfer appropriation authority from	53086
appropriation item 055-321, Operating Expenses, to appropriation	53087
item 055-406, Community Police Match and Law Enforcement	53088
Assistance. Moneys transferred to appropriation item 055-406	53089
shall be used to pay operating expenses and to provide grants to	53090
local law enforcement agencies and communities for the purpose of	53091
supporting law enforcement-related activities.	53092

Section 26. AUD AUDITOR OF STATE	53093

General Revenue Fund

53094

GRF	070-321	Operating Expenses	$	34,052,713	$	35,006,189	53095
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	1,000,000	$	1,000,000	53096
GRF	070-405	Electronic Data Processing - Auditing and Administration	$	1,030,137	$	1,058,981	53097
GRF	070-406	Uniform Accounting Network/Technology Improvements Fund	$	2,423,314	$	2,458,201	53098
TOTAL GRF General Revenue Fund			$	38,506,164	$	39,523,371	53099

General Services Fund Group

53100

109	070-601	Public Audit Expense - Intra-State	$	9,497,201	$	9,629,588	53101
422	070-601	Public Audit Expense - Local Government	$	37,450,472	$	37,617,072	53102
584	070-603	Training Program	$	198,200	$	217,000	53103
675	070-605	Uniform Accounting Network	$	2,809,200	$	2,741,600	53104
TOTAL GSF General Services Fund							53105
Group			$	49,955,073	$	50,205,260	53106

Holding Account Redistribution Fund Group

53107

R06	070-604	Continuous Receipts	$	204,400	$	209,510	53108
TOTAL 090 Holding Account							53109
Redistribution Fund Group			$	204,400	$	209,510	53110
TOTAL ALL BUDGET FUND GROUPS			$	88,665,637	$	89,938,141	53111

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

53112

The foregoing appropriation item 070-403, Fiscal	53113
Watch/Emergency Technical Assistance, shall be used for all	53114
expenses incurred by the Office of the Auditor of State in its	53115
role relating to fiscal watch or fiscal emergency activities under	53116
Chapters 118. and 3316. of the Revised Code. Expenses shall	53117
include, but shall not be limited to, the following: duties	53118
related to the determination or termination of fiscal watch or	53119
fiscal emergency of municipal corporations, counties, or townships	53120
as outlined in Chapter 118. of the Revised Code and of school	53121
districts as outlined in Chapter 3316. of the Revised Code;	53122
development of preliminary accounting reports; performance of	53123
annual forecasts; provision of performance audits; and	53124
supervisory, accounting, or auditing services for the mentioned	53125
public entities and school districts. The unencumbered balance of	53126
appropriation item 070-403, Fiscal Watch/Fiscal Emergency	53127
Technical Assistance, at the end of fiscal year 2002 is	53128
transferred to fiscal year 2003 for use under the same	53129
appropriation item.	53130

ELECTRONIC DATA PROCESSING

53131

The unencumbered balance of appropriation item 070-405,	53132
Electronic Data Processing-Auditing and Administration, at the end	53133
of fiscal year 2002 is transferred to fiscal year 2003 for use	53134
under the same appropriation item.	53135

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

53136

The foregoing appropriation item 070-406, Uniform Accounting	53137
Network/Technology Improvements Fund, shall be used to pay the	53138
costs of developing and implementing the Uniform Accounting	53139
Network and technology improvements for the Office of the Auditor	53140
of State. The unencumbered balance of the appropriation at the	53141
end of fiscal year 2002 is transferred to fiscal year 2003 to pay	53142
the costs of the developing and implementing the Uniform	53143
Accounting Network and technology improvements for the Office of	53144
the Auditor of State.	53145

Section 27. BRB BOARD OF BARBER EXAMINERS	53146

General Services Fund Group

53147

4K9	877-609	Operating Expenses	$	479,264	$	505,999	53148
TOTAL GSF General Services Fund							53149
Group			$	479,264	$	505,999	53150
TOTAL ALL BUDGET FUND GROUPS			$	479,264	$	505,999	53151

Section 28. OBM OFFICE OF BUDGET AND MANAGEMENT

53153

General Revenue Fund

53154

GRF	042-321	Budget Development and Implementation	$	2,356,547	$	2,492,956	53155
GRF	042-401	Office of Quality Services	$	583,551	$	606,924	53156
GRF	042-410	National Association Dues	$	24,522	$	25,296	53157
GRF	042-412	Audit of Auditor of State	$	44,160	$	46,080	53158
TOTAL GRF General Revenue Fund			$	3,008,780	$	3,171,255	53159

General Services Fund Group

53160

105	042-603	State Accounting	$	9,554,743	$	9,934,755	53161
4C1	042-601	Quality Services Academy	$	125,000	$	125,000	53162
TOTAL GSF General Services Fund Group			$	9,679,743	$	10,059,755	53163

State Special Revenue Fund Group

53164

5N4	042-602	ERP Project Implementation	$	6,600,000	$	2,600,000	53165
TOTAL SSR State Special Revenue Fund Group			$	6,600,000	$	2,600,000	53166
TOTAL ALL BUDGET FUND GROUPS			$	19,288,523	$	15,831,011	53167

Section 28.01. OFFICE OF QUALITY SERVICES

53169

A portion of the foregoing appropriation item 042-401, Office	53170
of Quality Services, may be used to provide financial sponsorship	53171
support for conferences and showcases that promote quality	53172
improvement efforts. These expenditures are not subject to	53173
Chapter 125. of the Revised Code.	53174

OHIO'S QUALITY SHOWCASE

53175

The Office of Quality Services may cosponsor Ohio's Quality	53176
Showcase. The office may grant funds to other sponsoring entities	53177
for the purpose of conducting this event, provided that the grants	53178
are used exclusively for the direct expenses of the event.	53179

Any state agency, at the discretion and with the approval of	53180
the director or other executive authority of the agency, may	53181
provide financial or in-kind support for Ohio's Quality Showcase	53182
cosponsored by the Office of Quality Services. Any financial	53183
contribution made by an agency shall not exceed $5,000 annually.	53184

AUDIT COSTS

53185

Of the foregoing appropriation item 042-603, State	53186
Accounting, not more than $450,000 in fiscal year 2002 and	53187
$350,000 in fiscal year 2003 shall be used to pay for centralized	53188
audit costs associated with either Single Audit Schedules or	53189
financial statements prepared in conformance with generally	53190
accepted accounting principles for the state.	53191

Section 28.02. TRANSFER OF GRF FUNDS TO DEPARTMENT OF	53192
DEVELOPMENT	53193

The Director of Budget and Management, at the request of the	53194
Director of Development, may transfer up to $5 million in	53195
unobligated, unspent GRF appropriations over the biennium to the	53196
Department of Development to support GRF-funded economic	53197
development projects for which appropriations would not otherwise	53198
be available. The amounts transferred are hereby appropriated.	53199

Section 28.03. Prior to January 2002, the Director of Budget	53200
and Management shall select one administrative department listed	53201
in section 121.02 of the Revised Code, and one state agency with	53202
fewer full-time equivalent personnel than any of the departments	53203
listed in that section, to prepare a full zero-base budget for the	53204
biennium ending June 30, 2005, shall inform the agencies of their	53205
selection, and shall offer the two agencies substantial technical	53206
assistance throughout the process of preparing their zero-base	53207
budgets. Each of the agencies shall prepare a full zero-base	53208
budget in such manner and according to such schedule as the	53209
Director of Budget and Management requires. The zero-base budgets	53210
shall, as the Director of Budget and Management determines, be in	53211
addition to or in place of the estimates of revenue and proposed	53212
expenditures that other state agencies are required to prepare	53213
under section 126.02 of the Revised Code.	53214

Section 29. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	53215

General Revenue Fund

53216

GRF	874-321		Operating Expenses		$	3,293,519		$	3,312,263		53217
TOTAL GRF General Revenue Fund					$	3,293,519		$	3,312,263		53218

General Services Fund Group

53219

4G5	874-603	Capitol Square Maintenance Expenses	$	15,000	$	15,000	53220
4S7	874-602	Statehouse Gift Shop/Events	$	623,293	$	670,484	53221
TOTAL GSF General Services							53222
Fund Group			$	638,293	$	685,484	53223

Underground Parking Garage

53224

208	874-601	Underground Parking Garage Operating	$	2,863,603	$	2,996,801	53225
TOTAL UPG Underground Parking							53226
Garage			$	2,863,603	$	2,996,801	53227
TOTAL ALL BUDGET FUND GROUPS			$	6,795,415	$	6,994,548	53228

Section 30. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS	53230

General Services Fund Group

53231

4K9	878-609	Operating Expenses	$	561,949	$	591,724	53232
TOTAL GSF General Services Fund							53233
Group			$	561,949	$	591,724	53234
TOTAL ALL BUDGET FUND GROUPS			$	561,949	$	591,724	53235

Section 30.01. CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS

53237

If the State Chiropractic Board refused to issue a license to	53238
practice chiropractic to an individual solely because the	53239
individual did not meet the examination requirements of division	53240
(B)(4)(b) or (c) of section 4734.20 of the Revised Code, as	53241
specified on and after the effective date of Am. Sub. H.B. 506 of	53242
the 123rd General Assembly but before the effective date of this	53243
section, the Board shall reconsider the application and issue or	53244
refuse to issue a license according to the examination	53245
requirements specified in division (B)(4)(b) or (c) of section	53246
4734.20 of the Revised Code, as amended by this act.	53247

Section 31. CIV OHIO CIVIL RIGHTS COMMISSION	53248

General Revenue Fund

53249

GRF	876-100	Personal Services	$	9,159,420	$	9,159,421	53250
GRF	876-200	Maintenance	$	987,372	$	987,372	53251
GRF	876-300	Equipment	$	111,842	$	111,842	53252
TOTAL GRF General Revenue Fund			$	10,258,634	$	10,258,635	53253

Federal Special Revenue Fund Group

53254

334	876-601	Federal Programs	$	3,702,577	$	4,284,113	53255
TOTAL FED Federal Special Revenue							53256
Fund Group			$	3,702,577	$	4,284,113	53257

State Special Revenue Fund Group

53258

217	876-604	General Reimbursement	$	20,440	$	20,951	53259
TOTAL SSR State Special							53260
Revenue Fund Group			$	20,440	$	20,951	53261
TOTAL ALL BUDGET FUND GROUPS			$	13,981,651	$	14,563,699	53262

Section 32. COM DEPARTMENT OF COMMERCE

53263

General Revenue Fund

53264

GRF	800-402	Grants-Volunteer Fire Departments	$	912,500	$	793,750	53265
GRF	800-410	Labor and Worker Safety	$	3,898,792	$	4,042,587	53266
Total GRF General Revenue Fund			$	4,811,292	$	4,836,337	53267

General Services Fund Group

53268

163	800-620	Division of Administration	$	5,873,604	$	6,189,578	53269
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	53270
TOTAL GSF General Services Fund							53271
Group			$	6,123,604	$	6,439,578	53272

Federal Special Revenue Fund Group

53273

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	53274
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	53275
349	800-626	OSHA Enforcement	$	1,346,000	$	1,386,380	53276
TOTAL FED Federal Special Revenue							53277
Fund Group			$	3,391,008	$	3,431,388	53278

State Special Revenue Fund Group

53279

4B2	800-631	Real Estate Appraisal Recovery	$	69,870	$	71,267	53280
4H9	800-608	Cemeteries	$	260,083	$	273,465	53281
4L5	800-609	Fireworks Training and Education	$	10,526	$	10,976	53282
4X2	800-619	Financial Institutions	$	2,020,646	$	2,134,754	53283
5B9	800-632	PI & Security Guard Provider	$	1,139,377	$	1,188,716	53284
5K7	800-621	Penalty Enforcement	$	2,000	$	2,000	53285
543	800-602	Unclaimed Funds-Operating	$	5,921,792	$	6,151,051	53286
543	800-625	Unclaimed Funds-Claims	$	24,890,602	$	25,512,867	53287
544	800-612	Banks	$	6,346,230	$	6,657,997	53288
545	800-613	Savings Institutions	$	2,790,960	$	2,894,399	53289
546	800-610	Fire Marshal	$	10,245,737	$	10,777,694	53290
547	800-603	Real Estate Education/Research	$	258,796	$	264,141	53291
548	800-611	Real Estate Recovery	$	150,000	$	150,000	53292
549	800-614	Real Estate	$	2,885,785	$	3,039,837	53293
550	800-617	Securities	$	4,611,800	$	4,864,800	53294
552	800-604	Credit Union	$	2,368,450	$	2,477,852	53295
553	800-607	Consumer Finance	$	2,305,339	$	2,258,822	53296
556	800-615	Industrial Compliance	$	22,176,840	$	23,415,776	53297
6A4	800-630	Real Estate Appraiser-Operating	$	522,125	$	548,006	53298
653	800-629	UST Registration/Permit Fee	$	1,072,795	$	1,121,632	53299
TOTAL SSR State Special Revenue							53300
Fund Group			$	90,049,753	$	93,816,052	53301

Liquor Control Fund Group

53302

043	800-601	Merchandising	$	322,741,245	$	341,222,192	53303
043	800-627	Liquor Control Operating	$	16,250,400	$	15,801,163	53304
043	800-633	Development Assistance Debt Service	$	16,134,800	$	16,141,100	53305
043	800-636	Revitalization Debt Service	$	1,600,000	$	6,700,000	53306
TOTAL LCF Liquor Control							53307
Fund Group			$	356,726,445	$	379,864,455	53308
TOTAL ALL BUDGET FUND GROUPS			$	461,102,102	$	488,387,810	53309

GRANTS-VOLUNTEER FIRE DEPARTMENTS

53310

The foregoing appropriation item 800-402, Grants-Volunteer	53311
Fire Departments, shall be used to make annual grants to volunteer	53312
fire departments of up to $10,000, or up to $25,000 if the	53313
volunteer fire department provides service for an area affected by	53314
a natural disaster. The grant program shall be administered by	53315
the Fire Marshal under the Department of Commerce. The Fire	53316
Marshal shall adopt rules necessary for the administration and	53317
operation of the grant program.	53318

Notwithstanding section 3737.17 of the Revised Code, upon the	53319
request of the Director of Commerce, the Director of Budget and	53320
Management shall transfer $200,000 cash in fiscal year 2002 and	53321
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	53322
(Fund 546) to the General Revenue Fund.	53323

LABOR AND WORKER SAFETY

53324

The Department of Commerce may designate a portion of	53325
appropriation item 800-410, Labor and Worker Safety, to be used to	53326
match federal funding for the OSHA on-site consultation program.	53327

SMALL GOVERNMENT FIRE DEPARTMENTS

53328

Upon the request of the Director of Commerce, the Director of	53329
Budget and Management shall transfer $250,000 cash in each fiscal	53330
year from the State Fire Marshal Fund (Fund 546) within the State	53331
Special Revenue Fund Group to the Small Government Fire	53332
Departments Fund (Fund 5F1) within the General Services Fund	53333
Group.	53334

Notwithstanding section 3737.17 of the Revised Code, the	53335
foregoing appropriation item 800-635, Small Government Fire	53336
Departments, may be used to provide loans to private fire	53337
departments.	53338

PENALTY ENFORCEMENT

53339

The foregoing appropriation item 800-621, Penalty	53340
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	53341
of the Revised Code.	53342

On July 1, 2001, or as soon thereafter as possible, the	53343
Director of Budget and Management shall transfer the cash balance	53344
in the Penalty Enforcement Fund that was in the custody of the	53345
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	53346
created in the state treasury by section 4115.10 of the Revised	53347
Code. The fund shall be used for deposit of moneys received from	53348
penalties paid under section 4115.10 of the Revised Code.	53349

UNCLAIMED FUNDS PAYMENTS

53350

The foregoing appropriation item 800-625, Unclaimed	53351
Funds-Claims, shall be used to pay claims pursuant to section	53352
169.08 of the Revised Code. If it is determined that additional	53353
amounts are necessary, the amounts are appropriated.	53354

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

53355

The Director of Commerce may, upon concurrence by the	53356
Director of Budget and Management, submit to the Controlling Board	53357
for approval a request for increased appropriation authority for	53358
appropriation item 800-601, Merchandising.	53359

CASH BALANCE TRANSFER

53360

On July 1, 2001, or as soon thereafter as possible, the	53361
Director of Budget and Management shall transfer the cash balance	53362
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	53363
Fund (Fund 043) created in section 4301.12 of the Revised Code.	53364
Upon the completion of the transfer, the Salvage and Exchange	53365
Fund, which was created by the Controlling Board during the	53366
1973-1975 biennium, is abolished. The director shall cancel any	53367
existing encumbrances against appropriation item 800-634, Salvage	53368
and Exchange, and reestablish them against appropriation item	53369
800-627, Liquor Control Operating.	53370

DEVELOPMENT ASSISTANCE DEBT SERVICE	53371

The foregoing appropriation item 800-633, Development	53372
Assistance Debt Service, shall be used to meet all payments at the	53373
times they are required to be made during the period from July 1,	53374
2001, to June 30, 2003, for bond service charges on obligations	53375
issued under section 166.08 of the Revised Code, but limited to	53376
the aggregate amount of $32,275,900. If it is determined that	53377
additional appropriations are necessary for this purpose, such	53378
amounts are hereby appropriated, provided that the appropriation	53379
does not exceed $25,000,000 in any fiscal year, except as may be	53380
needed for payments on obligations issued to meet guarantees. The	53381
General Assembly acknowledges that an appropriation for this	53382
purpose is not required, but is made in this form and in this act	53383
for record purposes only.	53384

REVITALIZATION DEBT SERVICE

53385

The foregoing appropriation item 800-636, Revitalization Debt	53386
Service, shall be used to pay debt service and related financing	53387
costs during the period from July 1, 2001, to June 30, 2003, on	53388
obligations to be issued for revitalization purposes under Section	53389
2o of Article VIII, Ohio Constitution, and implementing	53390
legislation. If it is determined that additional appropriations	53391
are necessary for this purpose, such amounts are hereby	53392
appropriated. The General Assembly acknowledges: (A) the priority	53393
of the pledge of a portion of receipts from that source to	53394
obligations issued and to be issued and guarantees made and to be	53395
made under Chapter 166. of the Revised Code; and (B) that this	53396
appropriation is subject to further consideration pursuant to	53397
implementing legislation.	53398

ADMINISTRATIVE ASSESSMENTS

53399

Notwithstanding any other provision of law to the contrary,	53400
Fund 163, Administration, shall receive assessments from all	53401
operating funds of the department in accordance with procedures	53402
prescribed by the Director of Commerce and approved by the	53403
Director of Budget and Management.	53404

Section 33. OCC OFFICE OF CONSUMERS' COUNSEL

53405

General Services Fund Group

53406

5F5	053-601	Operating Expenses	$	8,560,182	$	9,277,518	53407
TOTAL GSF General Services Fund Group			$	8,560,182	$	9,277,518	53408
TOTAL ALL BUDGET FUND GROUPS			$	8,560,182	$	9,277,518	53409

CONSUMERS' COUNSEL TRANSFER

53410

On July 1, 2001, or as soon as possible thereafter, the	53411
Director of Budget and Management shall transfer $349,758.12 in	53412
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the	53413
General Revenue Fund.	53414

Section 34. CEB CONTROLLING BOARD

53415

General Revenue Fund

53416

GRF	911-404	Mandate Assistance	$	2,000,000	$	2,000,000	53417
GRF	911-408	Ohio's Bicentennial Celebration	$	3,000,000	$	5,000,000	53418
GRF	911-441	Ballot Advertising Costs	$	600,000	$	600,000	53419
TOTAL GRF General Revenue Fund			$	5,600,000	$	7,600,000	53420

State Special Revenue Fund Group

53421

5E2	911-601	Disaster Services	$	8,000,000	$	4,000,000	53422
TOTAL SSR State Special							53423
Revenue Fund Group			$	8,000,000	$	4,000,000	53424
TOTAL ALL BUDGET FUND GROUPS			$	13,600,000	$	11,600,000	53425

FEDERAL SHARE

53426

In transferring appropriations to or from appropriation items	53427
that have federal shares identified in this act, the Controlling	53428
Board shall add or subtract corresponding amounts of federal	53429
matching funds at the percentages indicated by the state and	53430
federal division of the appropriations in this act. Such changes	53431
are appropriated.	53432

DISASTER ASSISTANCE

53433

Pursuant to requests submitted by the Department of Public	53434
Safety, the Controlling Board may approve transfers from the	53435
Emergency Purposes Fund to a Department of Public Safety General	53436
Revenue Fund appropriation item to provide funding for assistance	53437
to political subdivisions made necessary by natural disasters or	53438
emergencies. Such transfers may be requested and approved prior to	53439
the occurrence of any specific natural disasters or emergencies in	53440
order to facilitate the provision of timely assistance.	53441

SOUTHERN OHIO CORRECTIONAL FACILITY COST

53442

The Office of Criminal Justice Services and the Public	53443
Defender Commission may each request, upon approval of the	53444
Director of Budget and Management, additional funds from the	53445
Emergency Purposes Fund for costs related to the disturbance that	53446
occurred on April 11, 1993, at the Southern Ohio Correctional	53447
Facility in Lucasville, Ohio.	53448

DISASTER SERVICES

53449

Pursuant to requests submitted by the Department of Public	53450
Safety, the Controlling Board may approve transfers from the	53451
foregoing appropriation item 911-601, Disaster Services, to a	53452
Department of Public Safety General Revenue Fund appropriation	53453
item to provide for assistance to political subdivisions made	53454
necessary by natural disasters or emergencies. These transfers	53455
may be requested and approved prior to the occurrence of any	53456
specific natural disasters or emergencies in order to facilitate	53457
the provision of timely assistance. The Emergency Management	53458
Agency of the Department of Public Safety shall use the funding	53459
for disaster aid requests that meet the Emergency Management	53460
Agency's criteria for assistance.	53461

The foregoing appropriation item 911-601, Disaster Services,	53462
shall be used by the Controlling Board, pursuant to requests	53463
submitted by state agencies, to transfer cash and appropriation	53464
authority to any fund and appropriation item for the payment of	53465
state agency program expenses as follows:	53466

(A) The southern Ohio flooding, referred to as	53467
FEMA-DR-1164-OH;	53468

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

53469

(C) The Southern Ohio flooding, referred to as	53470
FEMA-DR-1321-OH;	53471

(D) The flooding referred to as FEMA-DR-1339-OH;

53472

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

53473

(F) Other disasters declared by the Governor, if the	53474
Director of Budget and Management determines that sufficient funds	53475
exist beyond the expected program costs of these disasters.	53476

MANDATE ASSISTANCE

53477

(A) The foregoing appropriation item 911-404, Mandate	53478
Assistance, shall be used to provide financial assistance to local	53479
units of government, school districts, and fire departments for	53480
the cost of the following three unfunded state mandates:	53481

(1) The cost to county prosecutors for prosecuting certain	53482
felonies that occur on the grounds of state institutions operated	53483
by the Department of Rehabilitation and Correction and the	53484
Department of Youth Services;	53485

(2) The cost, primarily to small villages and townships, of	53486
providing firefighter training and equipment or gear;	53487

(3) The cost to school districts of in-service training for	53488
child abuse detection.	53489

(B) The Department of Commerce, the Office of Criminal	53490
Justice Services, and the Department of Education may prepare and	53491
submit to the Controlling Board one or more requests to transfer	53492
appropriations from appropriation item 911-404, Mandate	53493
Assistance. The state agencies charged with this administrative	53494
responsibility are listed below, as well as the estimated annual	53495
amounts that the commission may propose be used for each program	53496
of state financial assistance.	53497

		ADMINISTERING		ESTIMATED ANNUAL		53498
PROGRAM		AGENCY		AMOUNT		53499

Prosecution Costs	Office of Criminal	$200,000	53500
	Justice Services		53501
Firefighter Training Costs	Department of Commerce	$1,000,000	53502
Child Abuse Detection Training Costs	Department of Education	$800,000	53503

(C) Subject to the total amount appropriated in each fiscal	53504
year for appropriation item 911-404, Mandate Assistance, the	53505
Department of Commerce, the Office of Criminal Justice Services,	53506
and the Department of Education may request from the Controlling	53507
Board that amounts smaller or larger than these estimated annual	53508
amounts be transferred to each program.	53509

(D) In addition to making the initial transfers requested by	53510
the Department of Commerce, the Office of Criminal Justice	53511
Services, and the Department of Education, the Controlling Board	53512
may transfer appropriations received by a state agency under this	53513
section back to appropriation item 911-404, Mandate Assistance, or	53514
to one or more of the other programs of state financial assistance	53515
identified under this section.	53516

(E) It is expected that not all costs incurred by local	53517
units of government, school districts, and fire departments under	53518
each of the three programs of state financial assistance	53519
identified under this section will be fully reimbursed by the	53520
state. Reimbursement levels may vary by program and shall be	53521
based on: the relationship between the appropriation transfers	53522
requested by the Department of Commerce, the Office of Criminal	53523
Justice Services, and the Department of Education and provided by	53524
the Controlling Board for each of the programs; the rules and	53525
procedures established for each program by the administering state	53526
agency; and the actual costs incurred by local units of	53527
government, school districts, and fire departments.	53528

(F) Each of these programs of state financial assistance	53529
shall be carried out as follows:	53530

(1) PROSECUTION COSTS

53531

(a) Appropriations may be transferred to the Office of	53532
Criminal Justice Services to cover local prosecution costs for	53533
aggravated murder, murder, felonies of the first degree, and	53534
felonies of the second degree that occur on the grounds of	53535
institutions operated by the Department of Rehabilitation and	53536
Correction and the Department of Youth Services.	53537

(b) Upon a delinquency filing in juvenile court or the	53538
return of an indictment for aggravated murder, murder, or any	53539
felony of the first or second degree that was committed at a	53540
Department of Youth Services or a Department of Rehabilitation and	53541
Correction institution, the affected county may, in accordance	53542
with rules that the Office of Criminal Justice Services shall	53543
adopt, apply to the Office of Criminal Justice Services for a	53544
grant to cover all documented costs that are incurred by the	53545
county prosecutor's office.	53546

(c) Twice each year, the Office of Criminal Justice Services	53547
shall designate counties to receive grants from those counties	53548
that have submitted one or more applications in compliance with	53549
the rules that have been adopted by the Office of Criminal Justice	53550
Services for the receipt of such grants. In each year's first	53551
round of grant awards, if sufficient appropriations have been	53552
made, up to a total of $100,000 may be awarded. In each year's	53553
second round of grant awards, the remaining appropriations	53554
available for this purpose may be awarded.	53555

(d) If for a given round of grants there are insufficient	53556
appropriations to make grant awards to all the eligible counties,	53557
the first priority shall be given to counties with cases involving	53558
aggravated murder and murder, second priority shall be given to	53559
cases involving a felony of the first degree, and third priority	53560
shall be given to cases involving a felony of the second degree.	53561
Within these priorities, the grant awards shall be based on the	53562
order in which the applications were received, except that	53563
applications for cases involving a felony of the first or second	53564
degree shall not be considered in more than two consecutive rounds	53565
of grant awards.	53566

(2) FIREFIGHTER TRAINING COSTS

53567

Appropriations may be transferred to the Department of	53568
Commerce for use as full or partial reimbursement to local units	53569
of government and fire departments for the cost of firefighter	53570
training and equipment or gear. In accordance with rules that the	53571
department shall adopt, a local unit of government or fire	53572
department may apply to the department for a grant to cover all	53573
documented costs that are incurred to provide firefighter training	53574
and equipment or gear. The department shall make grants within	53575
the limits of the funding provided, with priority given to fire	53576
departments that serve small villages and townships.	53577

(3) CHILD ABUSE DETECTION TRAINING COSTS

53578

Appropriations may be transferred to the Department of	53579
Education for disbursement to local school districts as full or	53580
partial reimbursement for the cost of providing in-service	53581
training for child abuse detection. In accordance with rules that	53582
the department shall adopt, a local school district may apply to	53583
the department for a grant to cover all documented costs that are	53584
incurred to provide in-service training for child abuse detection.	53585
The department shall make grants within the limits of the funding	53586
provided.	53587

(G) Any moneys allocated within appropriation item 911-404,	53588
Mandate Assistance, not fully utilized may, upon application of	53589
the Department of Education, and with the approval of the	53590
Controlling Board, be disbursed to boards of county commissioners	53591
to provide reimbursement for office space, equipment, and related	53592
mandated expenses for educational service centers.	53593

The amount to be disbursed to each county shall be allocated	53594
proportionately to the ADM of the educational service center for	53595
which a board of county commissioners is required to provide an	53596
office under section 3319.19 of the Revised Code.	53597

OHIO'S BICENTENNIAL CELEBRATION

53598

The foregoing appropriation item 911-408, Ohio's Bicentennial	53599
Celebration, shall be distributed according to a plan approved by	53600
the Ohio Bicentennial Commission. Pursuant to requests submitted	53601
by the Ohio Bicentennial Commission, the Controlling Board may	53602
approve transfers from the foregoing appropriation item 911-408,	53603
Ohio's Bicentennial Celebration, to appropriation item 360-503,	53604
Ohio Bicentennial Commission, or to other new or existing	53605
appropriation items of a state agency or other entity as specified	53606
by the commission.	53607

BALLOT ADVERTISING COSTS

53608

Pursuant to requests submitted by the Ohio Ballot Board, the	53609
Controlling Board shall approve transfers from the foregoing	53610
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	53611
Ballot Board appropriation item in order to reimburse county	53612
boards of elections for the cost of public notices associated with	53613
statewide ballot initiatives.	53614

Of the foregoing appropriation item 911-441, Ballot	53615
Advertising Costs, the Director of Budget and Management shall	53616
transfer any amounts that are not needed for the purpose of	53617
reimbursing county boards of elections for the cost of public	53618
notices associated with statewide ballot initiatives to	53619
appropriation item 911-404, Mandate Assistance.	53620

Section 35. COS STATE BOARD OF COSMETOLOGY	53621

General Services Fund Group

53622

4K9	879-609	Operating Expenses	$	2,528,489	$	2,728,359	53623
TOTAL GSF General Services Fund							53624
Group			$	2,528,489	$	2,728,359	53625
TOTAL ALL BUDGET FUND GROUPS			$	2,528,489	$	2,728,359	53626

Section 36. CSW COUNSELOR AND SOCIAL WORKERS BOARD	53628

General Services Fund Group

53629

4K9	899-609	Operating Expenses	$	907,772	$	953,563	53630
TOTAL GSF General Services Fund							53631
Group			$	907,772	$	953,563	53632
TOTAL ALL BUDGET FUND GROUPS			$	907,772	$	953,563	53633

Section 37. CLA COURT OF CLAIMS

53635

General Revenue Fund

53636

GRF	015-321		Operating Expenses		$	2,953,045		$	3,035,730		53637
TOTAL GRF General Revenue Fund					$	2,953,045		$	3,035,730		53638

State Special Revenue Fund Group

53639

5K2	015-603	CLA Victims of Crime	$	1,891,183	$	1,602,716	53640
TOTAL SSR State Special Revenue							53641
Fund Group			$	1,891,183	$	1,602,716	53642
TOTAL ALL BUDGET FUND GROUPS			$	4,844,228	$	4,638,446	53643

Section 38. CJS OFFICE OF CRIMINAL JUSTICE SERVICES	53645

General Revenue Fund

53646

GRF	196-401	Criminal Justice Information System	$	772,236	$	798,575	53647
GRF	196-403	Violence Prevention	$	292,891	$	277,924	53648
GRF	196-405	Family Violence Prevention Program	$	775,000	$	775,000	53649
GRF	196-424	Operating Expenses	$	1,655,987	$	1,840,186	53650
TOTAL GRF General Revenue Fund			$	3,496,114	$	3,691,685	53651

General Services Fund Group

53652

4P6	196-601		General Services		$	107,310		$	109,992		53653
TOTAL GSF General Services Fund Group					$	107,310		$	109,992		53654

Federal Special Revenue Fund Group

53655

3L5	196-604	Justice Programs	$	29,464,972	$	29,494,089	53656
3U1	196-602	Juvenile Justice Program	$	250,000	$	0	53657
TOTAL FED Federal Special Revenue Fund Group			$	29,714,972	$	29,494,089	53658
TOTAL ALL BUDGET FUND GROUPS			$	33,318,396	$	33,295,766	53659

INDIGENT DEFENSE

53660

The Office of Criminal Justice Services shall make all	53661
efforts to maximize the amount of funding available for the	53662
defense of indigent persons.	53663

CRIMINAL JUSTICE INFORMATION SYSTEM

53664

The foregoing appropriation item 196-401, Criminal Justice	53665
Information System, shall be used by the Office of Criminal	53666
Justice Services to work on a plan to improve Ohio's criminal	53667
justice information systems. The Director of Criminal Justice	53668
Services shall evaluate the progress of this plan and issue a	53669
report to the Governor, the Speaker and the Minority Leader of the	53670
House of Representatives, the President and the Minority Leader of	53671
the Senate, the Criminal Justice Policy Board, and the Legislative	53672
Service Commission by the first day of January of each year of the	53673
two-year biennium beginning July 1, 2001, and ending June 30,	53674
2003.	53675

OPERATING EXPENSES

53676

Of the foregoing appropriation item 196-424, Operating	53677
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in	53678
fiscal year 2003 shall be used for the purpose of matching federal	53679
funds.	53680

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

53681

The foregoing appropriation item 196-602, Juvenile Justice	53682
Program, shall be used to fund and close out the Juvenile	53683
Accountability Incentive Block Grant Program for federal fiscal	53684
year 1999.	53685

Section 39. DEN STATE DENTAL BOARD	53686

General Services Fund Group

53687

4K9	880-609	Operating Expenses	$	1,250,703	$	1,281,056	53688
TOTAL GSF General Services Fund							53689
Group			$	1,250,703	$	1,281,056	53690
TOTAL ALL BUDGET FUND GROUPS			$	1,250,703	$	1,281,056	53691

Section 40. BDP BOARD OF DEPOSIT	53693

General Services Fund Group

53694

4M2	974-601	Board of Deposit	$	838,000	$	838,000	53695
TOTAL GSF General Services Fund							53696
Group			$	838,000	$	838,000	53697
TOTAL ALL BUDGET FUND GROUPS			$	838,000	$	838,000	53698

BOARD OF DEPOSIT EXPENSE FUND

53699

Upon receiving certification of expenses from the Treasurer	53700
of State, the Director of Budget and Management shall transfer	53701
cash from the Investment Earnings Redistribution Fund (Fund 608)	53702
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	53703
shall be used to pay for banking charges and fees required for the	53704
operation of the State of Ohio Regular Account.	53705

Section 41. DEV DEPARTMENT OF DEVELOPMENT

53706

General Revenue Fund

53707

GRF	195-100	Personal Services	$	2,651,334	$	2,920,941	53708
GRF	195-200	Maintenance	$	589,524	$	601,314	53709
GRF	195-300	Equipment	$	108,161	$	110,324	53710
GRF	195-401	Thomas Edison Program	$	20,000,000	$	20,000,000	53711
GRF	195-404	Small Business Development	$	2,452,342	$	2,529,843	53712
GRF	195-405	Minority Business Development Division	$	2,278,888	$	2,297,314	53713
GRF	195-406	Transitional and Permanent Housing	$	2,770,145	$	2,770,155	53714
GRF	195-407	Travel and Tourism	$	6,345,500	$	6,448,399	53715
GRF	195-408	Coal Research Development	$	210,498	$	233,237	53716
GRF	195-409	Utility Payment Administration	$	666,033	$	701,173	53717
GRF	195-412	Business Development Grants	$	8,033,935	$	9,092,851	53718
GRF	195-414	First Frontier Match	$	490,000	$	490,000	53719
GRF	195-415	Regional Offices and Economic Development	$	6,420,675	$	6,735,253	53720
GRF	195-416	Governor's Office of Appalachia	$	5,466,954	$	5,475,126	53721
GRF	195-417	Urban/Rural Initiative	$	980,000	$	980,000	53722
GRF	195-422	Technology Action	$	14,000,000	$	14,000,000	53723
GRF	195-431	Community Development Corporation Grants	$	2,530,860	$	2,530,860	53724
GRF	195-432	International Trade	$	5,390,000	$	5,551,700	53725
GRF	195-434	Investment in Training Grants	$	12,500,000	$	12,500,000	53726
GRF	195-436	Labor/Management Cooperation	$	1,146,805	$	1,152,752	53727
GRF	195-440	Emergency Shelter Housing Grants	$	2,768,313	$	2,841,441	53728
GRF	195-441	Low and Moderate Income Housing	$	19,000,000	$	19,000,000	53729
GRF	195-497	CDBG Operating Match					53730
		State	$	1,208,576	$	1,215,295	53731
		Federal	$	5,200,000	$	6,500,000	53732
		CDBG Operating Match Total	$	6,408,576	$	7,715,295	53733
GRF	195-498	State Energy Match	$	153,558	$	158,548	53734
GRF	195-501	Appalachian Local Development Districts	$	453,962	$	453,962	53735
GRF	195-502	Appalachian Regional Commission Dues	$	219,912	$	219,912	53736
GRF	195-505	Utility Bill Credits	$	7,350,000	$	7,350,000	53737
GRF	195-507	Travel and Tourism Grants	$	1,500,000	$	1,500,000	53738
GRF	195-510	Issue 1 Implementation	$	1,000,000	$	1,500,000	53739
GRF	195-906	Coal Research and Development General Obligation Debt Service	$	8,971,700	$	9,420,300	53740
TOTAL GRF General Revenue Fund							53741
State			$	137,657,675	$	140,780,700	53742
Federal			$	5,200,000	$	6,500,000	53743
GRF TOTAL			$	142,857,675	$	147,280,700	53744

General Services Fund Group

53745

135	195-605	Supportive Services	$	9,038,988	$	9,531,707	53746
136	195-621	International Trade	$	100,000	$	24,915	53747
685	195-636	General Reimbursements	$	1,275,234	$	1,323,021	53748
TOTAL GSF General Services Fund							53749
Group			$	10,414,222	$	10,879,643	53750

Federal Special Revenue Fund Group

53751

3K8	195-613	Community Development Block Grant	$	65,149,441	$	65,088,961	53752
3K9	195-611	Home Energy Assistance Block Grant	$	62,000,000	$	62,000,000	53753
3K9	195-614	HEAP Weatherization	$	10,412,041	$	10,412,041	53754
3L0	195-612	Community Services Block Grant	$	22,135,000	$	22,135,000	53755
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	53756
308	195-602	Appalachian Regional Commission	$	350,000	$	350,200	53757
308	195-603	Housing and Urban Development	$	5,000,000	$	5,000,000	53758
308	195-605	Federal Projects	$	7,855,501	$	7,855,501	53759
308	195-609	Small Business Administration	$	3,799,626	$	3,799,626	53760
308	195-618	Energy Federal Grants	$	2,803,560	$	2,803,560	53761
335	195-610	Oil Overcharge	$	8,500,000	$	8,500,000	53762
380	195-622	Housing Development Operating	$	4,507,212	$	4,696,198	53763
TOTAL FED Federal Special Revenue							53764
Fund Group			$	232,512,381	$	232,641,087	53765

State Special Revenue Fund Group

53766

4F2	195-639	State Special Projects	$	1,052,762	$	1,079,082	53767
4H4	195-641	First Frontier	$	600,000	$	650,000	53768
4S0	195-630	Enterprise Zone Operating	$	211,900	$	211,900	53769
4S1	195-634	Job Creation Tax Credit Operating	$	372,700	$	375,800	53770
4W1	195-646	Minority Business Enterprise Loan	$	2,572,960	$	2,580,597	53771
444	195-607	Water and Sewer Commission Loans	$	511,000	$	523,775	53772
445	195-617	Housing Finance Operating	$	3,782,808	$	3,968,184	53773
450	195-624	Minority Business Bonding Program Administration	$	13,232	$	13,563	53774
451	195-625	Economic Development Financing Operating	$	2,062,451	$	2,143,918	53775
5M4	195-659	Universal Service	$	160,000,000	$	160,000,000	53776
5M5	195-660	Energy Efficiency Revolving Loan	$	12,000,000	$	12,000,000	53777
611	195-631	Water and Sewer Administration	$	15,330	$	15,713	53778
617	195-654	Volume Cap Administration	$	200,000	$	200,000	53779
646	195-638	Low and Moderate Income Housing Trust Fund	$	21,539,552	$	22,103,807	53780
TOTAL SSR State Special Revenue							53781
Fund Group			$	204,934,695	$	205,866,339	53782

Facilities Establishment Fund

53783

037	195-615	Facilities Establishment	$	56,701,684	$	58,119,226	53784
4Z6	195-647	Rural Industrial Park Loan	$	5,000,000	$	5,000,000	53785
5D1	195-649	Port Authority Bond Reserves	$	2,500,000	$	2,500,000	53786
5D2	195-650	Urban Redevelopment Loans	$	10,000,000	$	10,475,000	53787
5H1	195-652	Family Farm Loan Guarantee	$	2,246,375	$	2,246,375	53788
TOTAL 037 Facilities							53789
Establishment Fund			$	76,448,059	$	78,340,601	53790

Coal Research/Development Fund

53791

046	195-632	Coal Research and Development Fund	$	12,847,178	$	13,168,357	53792
TOTAL 046 Coal Research/							53793
Development Fund			$	12,847,178	$	13,168,357	53794
TOTAL ALL BUDGET FUND GROUPS			$	680,014,210	$	688,176,727	53795

Section 41.01. WASHINGTON OFFICE

53797

Of the foregoing appropriation items 195-100, Personal	53798
Services, 195-200, Maintenance, and 195-300, Equipment, no more	53799
than $335,700 in fiscal year 2002 and $335,700 in fiscal year 2003	53800
may be transferred to the General Reimbursement Fund (Fund 685) to	53801
support the Washington Office. The transfer shall be made using	53802
an intrastate transfer voucher.	53803

THOMAS EDISON PROGRAM

53804

The foregoing appropriation item 195-401, Thomas Edison	53805
Program, shall be used for the purposes of sections 122.28 to	53806
122.38 of the Revised Code in order to provide funds for	53807
cooperative public and private efforts in technological innovation	53808
to promote the development and transfer of technology by and to	53809
Ohio businesses that will lead to the creation of jobs, and to	53810
provide for the administration of this program by the Technology	53811
Division.	53812

Of the foregoing appropriation item 195-401, Thomas Edison	53813
Program, not more than $2,153,282 in fiscal year 2002 and	53814
$2,228,537 in fiscal year 2003 shall be used for the Technology	53815
Division's operating expenses in administering this program.	53816

Of the foregoing appropriation item 195-401, Thomas Edison	53817
Program, $187,500 in each fiscal year shall be used for the	53818
establishment of an e-logistics port at Rickenbacker Port	53819
Authority.	53820

Section 41.02. SMALL BUSINESS DEVELOPMENT

53821

The foregoing appropriation item 195-404, Small Business	53822
Development, shall be used to ensure that the unique needs and	53823
concerns of small businesses are addressed.	53824

The foregoing appropriation shall be used to provide grants	53825
to local organizations to support the operation of Small Business	53826
Development Centers, and other local economic development activity	53827
promoting small business and for the cost of administering the	53828
program. The centers shall provide technical, financial, and	53829
management consultation for small business, and facilitate access	53830
to state and federal programs. These funds shall be used as	53831
matching funds for grants from the United States Small Business	53832
Administration and other federal agencies, pursuant to Public Law	53833
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	53834
regulations and policy guidelines for these programs.	53835

In addition, the Office of Small Business shall operate the	53836
One-Stop Business Permit Center, the Women's Business Resource	53837
Program, support government procurement assistance, and implement	53838
and coordinate the duties imposed on the Department of Development	53839
by Am. Sub. S.B. 239 of the 115th General Assembly.	53840

MINORITY BUSINESS DEVELOPMENT DIVISION

53841

Of the foregoing appropriation item 195-405, Minority	53842
Business Development Division, no less than $1,060,000 in each	53843
fiscal year shall be used to fund minority contractors and	53844
business assistance organizations. The Minority Business	53845
Development Division shall determine which cities need minority	53846
contractors and business assistance organizations by utilizing	53847
United States Census Bureau data and zip codes to locate the	53848
highest concentrations of minority businesses. The Minority	53849
Business Development Division also shall determine the numbers of	53850
minority contractors and business assistance organizations	53851
necessary and the amount of funding to be provided each. In	53852
addition, the Minority Business Development Division shall	53853
continue to plan and implement business conferences.	53854

Section 41.03. TRANSITIONAL AND PERMANENT HOUSING PROGRAM

53855

Of the foregoing appropriation item 195-406, Transitional and	53856
Permanent Housing, the Office of Housing and Community	53857
Partnerships shall make grants to local governments and nonprofit	53858
organizations for the acquisition, rehabilitation, renovation,	53859
construction, conversion, operating, and supportive services costs	53860
for both new and existing transitional and permanent housing for	53861
the homeless.	53862

COAL RESEARCH DEVELOPMENT

53863

The foregoing appropriation item 195-408, Coal Research	53864
Development, shall be used for the administrative costs of the	53865
Coal Development Office within the Technology Division and for	53866
grants that encourage, promote, and assist the use of Ohio coal	53867
pursuant to section 1551.32 of the Revised Code.	53868

UTILITY PAYMENT ADMINISTRATION

53869

The foregoing appropriation item 195-409, Utility Payment	53870
Administration, shall be used for the administrative costs	53871
necessary to provide utility and fuel assistance benefits to	53872
eligible low-income Ohio households with elderly and disabled	53873
members.	53874

Section 41.04. BUSINESS DEVELOPMENT

53875

The foregoing appropriation item 195-412, Business	53876
Development Grants, shall be used as an incentive for attracting	53877
and retaining business opportunities for the state. Any such	53878
business opportunity, whether new, expanding, or relocating in	53879
Ohio, is eligible for funding. The project must create or retain	53880
a significant number of jobs for Ohioans. Grant awards may be	53881
considered only when (1) the project's viability hinges on an	53882
award of appropriation item 195-412, Business Development Grants,	53883
funds; (2) all other public or private sources of financing have	53884
been considered; or (3) the funds act as a catalyst for the	53885
infusion into the project of other financing sources.	53886

The department's primary goal shall be to award funds to	53887
political subdivisions of the state for off-site infrastructure	53888
improvements. In order to meet the particular needs of economic	53889
development in a region, the department may elect to award funds	53890
directly to a business for on-site infrastructure improvements.	53891
Infrastructure improvements mean improvements to water system	53892
facilities, sewer and sewage treatment facilities, electric or gas	53893
service facilities, fiber optic facilities, rail facilities, site	53894
preparation, and parking facilities. The Director of Development	53895
may recommend the funds be used in an alternative manner when	53896
deemed appropriate to meet an extraordinary economic development	53897
opportunity or need.	53898

The foregoing appropriation item 195-412, Business	53899
Development Grants, may be expended only after the submission of a	53900
request to the Controlling Board by the Department of Development	53901
outlining the planned use of the funds, and the subsequent	53902
approval of the request by the Controlling Board.	53903

The foregoing appropriation item 195-412, Business	53904
Development Grants, may be used for, but is not limited to,	53905
construction, rehabilitation, and acquisition projects for rail	53906
freight assistance as requested by the Department of	53907
Transportation. The Director of Transportation shall submit the	53908
proposed projects to the Director of Development for an evaluation	53909
of potential economic benefit.	53910

Section 41.05. FIRST FRONTIER MATCH

53911

The foregoing appropriation item 195-414, First Frontier	53912
Match, shall be used as matching funds to targeted counties for	53913
the purpose of marketing state, regional, and local	53914
characteristics that may attract economic development. Targeted	53915
counties mean counties that have a population of less than 175,000	53916
residents. The appropriation may be used either for marketing	53917
programs by individual targeted counties or regional marketing	53918
campaigns, which are marketing programs in which at least one	53919
targeted county is participating with one or more other targeted	53920
counties or larger counties.	53921

REGIONAL OFFICES AND ECONOMIC DEVELOPMENT

53922

The foregoing appropriation item 195-415, Regional Offices	53923
and Economic Development, shall be used for the operating expenses	53924
of the Economic Development Division and the regional economic	53925
development offices and for grants for cooperative economic	53926
development ventures.	53927

Section 41.06. GOVERNOR'S OFFICE OF APPALACHIAN OHIO

53928

The foregoing appropriation item 195-416, Governor's Office	53929
of Appalachia, shall be used for the administrative costs of	53930
planning and liaison activities for the Governor's Office of	53931
Appalachian Ohio. Funds not expended for liaison and training	53932
activities may be expended for special project grants within the	53933
Appalachian Region.	53934

Of the foregoing appropriation item 195-416, Governor's	53935
Office of Appalachia, up to $250,000 each fiscal year shall be	53936
used to match federal funds from the Appalachian Development	53937
Commission to provide job training to impact the Appalachian	53938
Region.	53939

Of the foregoing appropriation item 195-416, Governor's	53940
Office of Appalachia, $4,400,000 in each fiscal year shall be	53941
used in conjunction with other federal and state funds to provide	53942
financial assistance to projects in Ohio's Appalachian counties in	53943
order to further the goals of the Appalachian Regional Commission.	53944
Such projects and project sponsors shall meet Appalachian Regional	53945
Commission eligibility requirements. Grants shall be administered	53946
by the Department of Development.	53947

Of the foregoing appropriation item 195-416, Governor's	53948
Office of Appalachia, $500,000 in each fiscal year shall be used	53949
by the Appalachian Energy Grant Authority to make grants to	53950
eligible applicants to enhance and maintain the economic welfare	53951
of the Appalachian Region through the support of manufacturing in	53952
the region.	53953

URBAN/RURAL INITIATIVE

53954

The foregoing appropriation item 195-417, Urban/Rural	53955
Initiative, shall be used to make grants in accordance with	53956
sections 122.19 to 122.22 of the Ohio Revised Code.	53957

TECHNOLOGY ACTION

53958

Prior to the release of funds from appropriation item	53959
195-422, Technology Action, each grant award shall first obtain	53960
approval from eight members of the Technology Action Board and	53961
from the Controlling Board.	53962

The Technology Action Board shall consist of fourteen	53963
members. The following ten members shall be appointed by the	53964
Governor with the advice and consent of the Senate. Six members	53965
shall be recognized technology and business leaders from the	53966
following sectors covering the state: Northeast, Southeast,	53967
Northwest, Central, Southwest, and the Miami Valley Area. One	53968
member shall come from the Wright Patterson Air Force Laboratory,	53969
one member shall come from the NASA Glenn Research Center, one	53970
member shall come from the Inter-University Council, and one	53971
member shall be the current Director of the Edison Centers	53972
Technology Council.	53973

The chair of the Technology Action Board shall be the	53974
Governor's Science and Technology Advisor, with staff and other	53975
support as needed from the Department of Development's Technology	53976
Division and from the Board of Regents' Academic and Access	53977
Division. In addition, the Directors of Development and	53978
Transportation (or their designees), and the Chancellor of the	53979
Board of Regents (or the Chancellor's designee), shall serve as	53980
ex-officio members of the Technology Action Board.	53981

The Technology Action Board, in accordance with Chapter 119.	53982
of the Revised Code, shall adopt rules governing the Board's grant	53983
award program, including rules specifying application procedures	53984
for and standards for grant awards under the program and rules	53985
prescribing the form of the application for a grant award under	53986
the program. The rules shall require grant awards under the	53987
program to be used by the applicant to whom a grant is awarded	53988
for the specific purposes stated by the applicant in the approved	53989
application for the grant and grant awards also may be made to a	53990
technology capital fund that is headquartered in any of the	53991
Governor's economic development regions that has not yet received	53992
venture capital funding. Not less than thirty per cent of the	53993
total grants awarded in each fiscal year by the Technology Action	53994
Board shall be given to job creation or retention efforts by	53995
for-profit organizations and businesses.	53996

Of the foregoing appropriation item 195-422, Technology	53997
Action, not more than six per cent in each fiscal year shall be	53998
used for operating expenditures in administering this program.	53999

In addition to the six per cent for operating expenditures,	54000
an additional administrative amount, not to exceed $1,500,000	54001
within the biennium, shall be used for research, analyses, and	54002
marketing efforts deemed necessary to receive and disseminate	54003
information about science and technology related opportunities.	54004

Of the foregoing appropriation item 195-422, Technology	54005
Action, $500,000 in each fiscal year shall be used for the	54006
EMTEK/Delphi Project for Wire Break Technology.	54007

Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS

54008

Of the foregoing appropriation item 195-431, Community	54009
Development Corporation Grants, a portion of funds in each fiscal	54010
year of the biennium shall be used to make grants to the Ohio	54011
Community Development Finance Fund, a nonprofit corporation, in	54012
order to leverage private-sector funds to assist nonprofit	54013
development organizations to create affordable housing and	54014
permanent jobs in distressed areas of the state. The remaining	54015
moneys shall be used to provide funds to assist local community	54016
development corporations to develop affordable housing programs	54017
and economic development programs in their neighborhoods, and for	54018
operating costs.	54019

Of the foregoing appropriation item 195-431, Community	54020
Development Corporation Grants, not less than $100,000 in each	54021
fiscal year shall be used to provide training, technical	54022
assistance, and capacity building assistance to nonprofit	54023
development organizations in underserved areas of the state. For	54024
grants awarded in each fiscal year of the biennium, priority shall	54025
be given to proposals submitted by nonprofit development	54026
organizations from underserved areas of the state.	54027

Section 41.08. INTERNATIONAL TRADE

54028

The foregoing appropriation item 195-432, International	54029
Trade, shall be used to operate and to maintain Ohio's	54030
out-of-state trade offices.	54031

The Director of Development may enter into contracts with	54032
foreign nationals to staff foreign offices. Such contracts may be	54033
paid in local currency or United States currency and shall be	54034
exempt from the provisions of section 127.16 of the Revised Code.	54035
The director also may establish foreign currency accounts in	54036
accordance with section 122.05 of the Revised Code for the payment	54037
of expenses related to the operation and maintenance of the	54038
foreign trade offices.	54039

The foregoing appropriation item 195-432, International	54040
Trade, shall be used to fund the International Trade Division and	54041
to assist Ohio manufacturers and agricultural producers in	54042
exporting to foreign countries in conjunction with the Department	54043
of Agriculture.	54044

Of the foregoing appropriation item 195-432, International	54045
Trade, up to $35,000 may be used to purchase gifts for	54046
representatives of foreign governments or dignitaries of foreign	54047
countries.	54048

Section 41.09. OHIO INVESTMENT IN TRAINING PROGRAM

54049

The foregoing appropriation item 195-434, Investment in	54050
Training Grants, shall be used to promote industrial training	54051
through training grants for the reimbursement of eligible training	54052
expenses.	54053

Section 41.10. EMERGENCY SHELTER HOUSING GRANTS

54054

(A) As used in this section, "emergency shelter housing"	54055
means a structure suitable for the temporary housing of the	54056
homeless and the provision of, or referral to, supportive	54057
services. Shelters that restrict admission to victims of domestic	54058
violence, runaways, or alcohol or substance abusers shall not be	54059
considered emergency shelter housing.	54060

(B) The foregoing appropriation item 195-440, Emergency	54061
Shelter Housing Grants, shall be used by the Office of Housing and	54062
Community Partnerships in the Department of Development to make	54063
grants to private, nonprofit organizations to provide emergency	54064
shelter housing for the homeless. The department shall distribute	54065
the grants pursuant to rules adopted by the Director of	54066
Development. The director may amend or rescind the rules and may	54067
adopt other rules necessary to implement this section. In awarding	54068
grants, the department shall give preference to organizations	54069
applying to fund existing emergency shelter housing.	54070

The department shall notify each organization that applied	54071
for a grant under this section of the amount of its grant award,	54072
if any. To receive a grant, the organization shall provide	54073
matching funds equal to 50 per cent of the total grant it was	54074
awarded. The organization shall expend its grant for shelter	54075
operations and supportive services, which include employment	54076
assistance, case management, information and referral services,	54077
transportation, and clothing. In providing employment assistance,	54078
the organization shall, at a minimum, refer persons to the	54079
Department of Job and Family Services.	54080

LOW AND MODERATE INCOME HOUSING

54081

The Director of Budget and Management, after consulting with	54082
the Director of Development, shall transfer up to $19,000,000 from	54083
appropriation item 195-441, Low and Moderate Income Housing, to	54084
appropriation item 195-638, Low and Moderate Income Housing Trust	54085
Fund. This transfer shall be made via an intrastate transfer	54086
voucher.	54087

TANF TRANSFER TO CDBG OPERATING MATCH

54088

The Office of Housing and Community Partnerships of the	54089
Department of Development shall use $5,200,000 of appropriation	54090
authority transferred from appropriation item 600-689, TANF Block	54091
Grant, in the Department of Job and Family Services in fiscal year	54092
2002 to appropriation item 195-497, CDBG Operating Match, in the	54093
Department of Development, and $6,500,000 of appropriation	54094
authority transferred from appropriation item 600-689, TANF Block	54095
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG	54096
Operating Match, to provide grants supportive services for	54097
low-income families related to housing or homelessness, including	54098
housing counseling; to provide grants to nonprofit organizations	54099
to assist families with incomes at or below 200 per cent of the	54100
federal poverty guidelines with down payment assistance for	54101
homeownership, including the purchase of mobile homes; to provide	54102
emergency home repair funding for families with incomes at or	54103
below 200 per cent of the federal poverty guideline; to provide	54104
operating support for family emergency shelter programs; and to	54105
provide emergency rent and mortgage assistance for families with	54106
incomes at or below 200 per cent of the federal poverty guideline.	54107
TANF funds shall not be used to match federal funds.	54108

The Department of Development shall comply with all TANF	54109
requirements, including reporting requirements and timelines, as	54110
specified in state and federal laws, federal regulations, state	54111
rules, and the Title IV-A state plan, and is responsible for	54112
payment of any adverse audit finding, final disallowance of	54113
federal financial participation, or other sanction or penalty	54114
issued by the federal government or other entity concerning these	54115
funds.	54116

No more than five per cent of transferred funds may be used	54117
by the department for administrative expenses of these programs.	54118
Transfer of funds between these programs shall first obtain	54119
approval of the Controlling Board.	54120

As used in this section, "federal poverty guideline" means	54121
the poverty guideline as defined by the United States Office of	54122
Management and Budget and revised by the United States Secretary	54123
of Health and Human Services in accordance with section 673 of the	54124
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42	54125
U.S.C.A. 9902, as amended.	54126

UTILITY BILL CREDIT

54127

The foregoing appropriation item 195-505, Utility Bill	54128
Credits, shall be used to provide utility and fuel assistance to	54129
eligible low-income Ohio households with elderly and disabled	54130
members.	54131

Section 41.11. TRAVEL AND TOURISM GRANTS

54132

The foregoing appropriation item 195-507, Travel and Tourism	54133
Grants, shall be used to provide grants to local organizations to	54134
support various local travel and tourism events in Ohio.	54135

Of the foregoing appropriation item 195-507, Travel and	54136
Tourism Grants, up to $200,000 in each fiscal year of the biennium	54137
may be used to support the outdoor dramas Trumpet in the Land,	54138
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	54139
$50,000 in each fiscal year shall be used for the Greater	54140
Cleveland Film Commission; $50,000 in each fiscal year shall be	54141
used for the Cincinnati Film Commission; $50,000 in each fiscal	54142
year shall be used for the American Classical Music Hall of Fame;	54143
$100,000 in each fiscal year shall be used for the Ottawa County	54144
Visitors Bureau, the Sandusky/Erie County Visitors and Convention	54145
Bureau, and the Lorain County Visitors Bureau for collaborative	54146
efforts to promote tourism; $50,000 in each fiscal year shall be	54147
used for the Ohio River Trails; and $1,000,000 in each fiscal year	54148
shall be used for grants to the International Center for the	54149
Preservation of Wild Animals.	54150

ISSUE 1 IMPLEMENTATION

54151

The foregoing appropriation item 195-510, Issue 1	54152
Implementation, shall be used to begin the implementation of	54153
Article VIII, Section 2o of the Ohio Constitution.	54154

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

54155

The foregoing appropriation item 195-906, Coal Research and	54156
Development General Obligation Debt Service shall be used to pay	54157
all debt service and financing costs at the times they are	54158
required to be made under sections 151.01 and 151.07 of the	54159
Revised Code during the period from July 1, 2001, to June 30,	54160
2003. The Office of the Sinking Fund or the Director of Budget	54161
and Management shall effectuate the required payments by an	54162
intrastate transfer voucher.	54163

Section 41.12. SUPPORTIVE SERVICES	54164

The Director of Development may assess divisions of the	54165
department for the cost of central service operations. Such an	54166
assessment shall be based on a plan submitted to and approved by	54167
the Office of Budget and Management by the first day of August of	54168
each fiscal year, and contain the characteristics of	54169
administrative ease and uniform application.	54170

A division's payments shall be credited to the Supportive	54171
Services Fund (Fund 135) using an intrastate transfer voucher.	54172

GENERAL REIMBURSEMENT

54173

The foregoing appropriation item 195-636, General	54174
Reimbursements, shall be used for conference and subscription fees	54175
and other reimbursable costs. Revenues to the General	54176
Reimbursement Fund (Fund 685) shall consist of fees and other	54177
moneys charged for conferences, subscriptions, and other	54178
administrative costs that are not central service costs.	54179

HEAP WEATHERIZATION

54180

Fifteen per cent of the federal funds received by the state	54181
for the Home Energy Assistance Block Grant shall be deposited in	54182
the Department of Development's Federal Special Revenue Fund (Fund	54183
3K9) and shall be used to provide home weatherization services in	54184
the state.	54185

HOME PROGRAM

54186

On July 1, 2001, or as soon as possible thereafter, the	54187
Director of Development shall certify to the Director of Budget	54188
and Management the cash balance and open encumbrances relating to	54189
the HOME Program located within Fund 308, appropriation item	54190
195-603, Housing and Urban Development. The Director of Budget	54191
and Management shall transfer the certified amount to newly	54192
created Fund 3V1, HOME Program. Any existing encumbrances in	54193
appropriation item 195-603 for the HOME Program shall be canceled	54194
and re-established against appropriation item 195-601, HOME	54195
Program. These re-established amounts are appropriated.	54196

STATE SPECIAL PROJECTS

54197

The foregoing appropriation item 195-639, State Special	54198
Projects, shall be used as a general account for the deposit of	54199
private-sector funds from utility companies and other	54200
miscellaneous state funds. Private-sector moneys shall be used	54201
to (1) pay the expenses of verifying the income-eligibility of	54202
HEAP applicants, (2) market economic development opportunities in	54203
the state, and (3) leverage additional federal funds. State funds	54204
shall be used to match federal housing grants for the homeless.	54205

Section 41.13. MINORITY BUSINESS ENTERPRISE LOAN

54206

All repayments from the Minority Development Financing	54207
Advisory Board loan program and the Ohio Mini-Loan Guarantee	54208
Program shall be deposited in the State Treasury, to the credit of	54209
the Minority Business Enterprise Loan Fund (Fund 4W1).	54210

All operating costs of administering the Minority Business	54211
Enterprise Loan Fund shall be paid from the Minority Business	54212
Enterprise Loan Fund (Fund 4WI).	54213

MINORITY BUSINESS BONDING FUND

54214

Notwithstanding Chapters 122., 169., and 175. of the Revised	54215
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	54216
General Assembly, the Director of Development may, upon the	54217
recommendation of the Minority Development Financing Advisory	54218
Board, pledge up to $10,000,000 in the 2001-2003 biennium of	54219
unclaimed funds administered by the Director of Commerce and	54220
allocated to the Minority Business Bonding Program pursuant to	54221
section 169.05 of the Revised Code. The transfer of any cash by	54222
the Director of Budget and Management from the Department of	54223
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	54224
Development's Minority Business Bonding Fund (Fund 449) shall	54225
occur, if requested by the Director of Development, only if such	54226
funds are needed for payment of losses arising from the Minority	54227
Business Bonding Program, and only after proceeds of the initial	54228
transfer of $2,700,000 by the Controlling Board to the Minority	54229
Business Bonding Program has been used for that purpose. Moneys	54230
transferred by the Director of Budget and Management from the	54231
Department of Commerce for this purpose may be moneys in custodial	54232
funds held by the Treasurer of State. If expenditures are	54233
required for payment of losses arising from the Minority Business	54234
Bonding Program, such expenditures shall be made from	54235
appropriation item 195-623, Minority Business Bonding Contingency	54236
in the Minority Business Bonding Fund, and such amounts are	54237
appropriated.	54238

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

54239

Investment earnings of the Minority Business Bonding Fund	54240
(Fund 449) shall be credited to the Minority Business Bonding	54241
Program Administration Fund (Fund 450).	54242

Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING	54243

The foregoing appropriation item 195-625, Economic	54244
Development Financing Operating, shall be used for the operating	54245
expenses of financial assistance programs authorized under Chapter	54246
166. of the Revised Code and under sections 122.43 and 122.45 of	54247
the Revised Code.	54248

UNIVERSAL SERVICE FUND

54249

The foregoing appropriation item 195-659, Universal Service,	54250
shall be used to provide electric utility assistance benefits to	54251
Percentage of Income Payment Plan (PIPP) electric accounts, to	54252
fund targeted energy efficiency and customer education services to	54253
PIPP customers, and to cover the department's administrative costs	54254
related to the Universal Service Fund Programs.	54255

ENERGY EFFICIENCY REVOLVING LOAN FUND

54256

The foregoing appropriation item 195-660, Energy Efficiency	54257
Revolving Loan, shall be used to provide financial assistance to	54258
customers for eligible energy efficiency projects for residential,	54259
commercial and industrial business, local government, educational	54260
institution, nonprofit, and agriculture customers, and to pay for	54261
the program's administrative costs as provided in the Revised Code	54262
and rules adopted by the Director of Development.	54263

VOLUME CAP ADMINISTRATION

54264

The foregoing appropriation item 195-654, Volume Cap	54265
Administration, shall be used for expenses related to the	54266
administration of the Volume Cap Program. Revenues received by	54267
the Volume Cap Administration Fund (Fund 617) shall consist of	54268
application fees, forfeited deposits, and interest earned from the	54269
custodial account held by the Treasurer of State.	54270

Section 41.15. FACILITIES ESTABLISHMENT FUND

54271

The foregoing appropriation item 195-615, Facilities	54272
Establishment (Fund 037), shall be used for the purposes of the	54273
Facilities Establishment Fund under Chapter 166. of the Revised	54274
Code.	54275

Of the foregoing appropriation item 195-615, Facilities	54276
Establishment (Fund 037), up to $3,000,000 in each fiscal year	54277
shall be used for the implementation of S.B. 10 of the 124th	54278
General Assembly, if the bill becomes law.	54279

Notwithstanding Chapter 166. of the Revised Code, up to	54280
$1,600,000 may be transferred each fiscal year from the Facilities	54281
Establishment Fund (Fund 037) to the Economic Development	54282
Financing Operating Fund (Fund 451). The transfer is subject to	54283
Controlling Board approval pursuant to division (B) of section	54284
166.03 of the Revised Code.	54285

Notwithstanding Chapter 166. of the Revised Code, up to	54286
$3,800,000 may be transferred in each fiscal year of the biennium	54287
from the Facilities Establishment Fund (Fund 037) to the Minority	54288
Business Enterprise Loan Fund (Fund 4W1). The transfer is subject	54289
to Controlling Board approval pursuant to division (B) of section	54290
166.03 of the Revised Code.	54291

Notwithstanding Chapter 166. of the Revised Code, up to	54292
$5,000,000 cash may be transferred during the biennium from the	54293
Facilities Establishment Fund (Fund 037) to the Port Authority	54294
Bond Reserves Fund (Fund 5D1) for use by any port authority in	54295
establishing or supplementing bond reserve funds for any bond	54296
issuance permitted under Chapter 4582. of the Revised Code. The	54297
Director of Development shall develop program guidelines for the	54298
transfer and release of funds, including, but not limited to, a	54299
provision that a port authority shall receive not more than	54300
$2,000,000 total from the fund. The transfer and release of funds	54301
are subject to Controlling Board approval. Of the foregoing	54302
appropriation item 195-649, Port Authority Bond Reserves,	54303
$2,000,000 over the biennium, subject to Controlling Board	54304
approval, shall go to the Dayton Montgomery County Port Authority	54305
to establish or supplement bond reserves for job retention	54306
purposes per the guidelines set forth by the Director of	54307
Development.	54308

Notwithstanding Chapter 166. of the Revised Code, up to	54309
$20,475,000 cash may be transferred during the biennium from the	54310
Facilities Establishment Fund (Fund 037) to the Urban	54311
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	54312
barriers to urban core redevelopment. The Director of Development	54313
shall develop program guidelines for the transfer and release of	54314
funds, including, but not limited to, the completion of all	54315
appropriate environmental assessments before state assistance is	54316
committed to a project.	54317

Notwithstanding Chapter 166. of the Revised Code, up to	54318
$5,000,000 per fiscal year in cash may be transferred from the	54319
Facilities Establishment Fund (Fund 037) to the Rural Industrial	54320
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	54321
Board approval pursuant to section 166.03 of the Revised Code.	54322

FAMILY FARM LOAN PROGRAM

54323

Notwithstanding Chapter 166. of the Revised Code, up to	54324
$2,246,375 in each fiscal year shall be transferred from moneys in	54325
the Facilities Establishment Fund (Fund 037) to the Family Farm	54326
Loan Fund (Fund 5H1) in the Department of Development. These	54327
moneys shall be used for loan guarantees. The transfer is subject	54328
to Controlling Board approval.	54329

Financial assistance from the Family Farm Loan Fund (Fund	54330
5H1) shall be repaid to Fund 5H1. This fund is established in	54331
accordance with sections 166.031, 901.80, 901.81, 901.82, and	54332
901.83 of the Revised Code.	54333

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	54334
all outstanding balances, all loan repayments, and any other	54335
outstanding obligations shall revert to the Facilities	54336
Establishment Fund (Fund 037).	54337

Section 41.16. FUND 5F7 TRANSFER

54338

On July 1, 2001, or as soon as possible thereafter, the	54339
Director of Budget and Management shall transfer all cash in Fund	54340
5F7, Local Government Y2K Loan Program, to the General Revenue	54341
Fund. Upon completion of the transfer, Fund 5F7 is abolished.	54342

Section 42. OBD OHIO BOARD OF DIETETICS	54343

General Services Fund Group

54344

4K9	860-609	Operating Expenses	$	300,591	$	317,617	54345
TOTAL GSF General Services Fund							54346
Group			$	300,591	$	317,617	54347
TOTAL ALL BUDGET FUND GROUPS			$	300,591	$	317,617	54348

Section 43. CDR COMMISSION ON DISPUTE RESOLUTION AND	54350

CONFLICT MANAGEMENT

54351

General Revenue Fund

54352

GRF	145-401		Commission on Dispute Resolution/Management		$	581,192		$	609,974		54353
TOTAL GRF General Revenue Fund					$	581,192		$	609,974		54354

General Services Fund Group

54355

4B6	145-601	Gifts and Grants	$	160,590	$	164,605	54356
TOTAL GSF General Services Fund							54357
Group			$	160,590	$	164,605	54358

Federal Special Revenue Fund Group

54359

3S6	145-602	Dispute Resolution: Federal	$	32,917	$	0	54360
TOTAL FED Federal Special Revenue Fund Group			$	32,917	$	0	54361
TOTAL ALL BUDGET FUND GROUPS			$	774,699	$	774,579	54362

COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT

54363

The foregoing appropriation item 145-401, Commission on	54364
Dispute Resolution/Management, shall be used in each fiscal year	54365
by the Commission on Dispute Resolution and Conflict Management	54366
for the purpose of providing dispute resolution and conflict	54367
management training, consultation, and materials for state and	54368
local government, communities, school districts, and courts and,	54369
in consultation with the Department of Education, for the purpose	54370
of offering competitive school conflict programs to school	54371
districts.	54372

The Commission shall assist the Department of Education in	54373
the development and dissemination of the school conflict	54374
management programs to school districts.	54375

Section 44. EDU DEPARTMENT OF EDUCATION

54376

General Revenue Fund

54377

GRF	200-100	Personal Services	$	11,819,828	$	12,113,828	54378
GRF	200-320	Maintenance and Equipment	$	5,052,866	$	5,185,051	54379
GRF	200-406	Head Start	$	98,843,825	$	98,843,825	54380
GRF	200-408	Public Preschool	$	19,506,206	$	19,506,206	54381
GRF	200-410	Professional Development	$	23,463,829	$	34,810,579	54382
GRF	200-411	Family and Children First	$	10,642,188	$	10,642,188	54383
GRF	200-416	Vocational Education Match	$	2,381,738	$	2,381,738	54384
GRF	200-420	Technical Systems Development	$	6,000,000	$	6,500,000	54385
GRF	200-421	Alternative Education Programs	$	20,000,000	$	20,000,000	54386
GRF	200-422	School Management Assistance	$	2,185,675	$	1,971,219	54387
GRF	200-424	Policy Analysis	$	642,756	$	674,894	54388
GRF	200-425	Tech Prep Administration	$	2,431,012	$	2,431,012	54389
GRF	200-426	Ohio Educational Computer Network	$	39,871,927	$	39,871,927	54390
GRF	200-427	Academic Standards	$	8,474,999	$	8,862,500	54391
GRF	200-431	School Improvement Initiatives	$	15,850,000	$	14,625,000	54392
GRF	200-432	School Conflict Management	$	626,496	$	657,821	54393
GRF	200-433	Reading/Writing Improvement	$	18,962,948	$	19,276,694	54394
GRF	200-437	Student Assessment	$	23,692,045	$	25,942,045	54395
GRF	200-438	Safe Schools	$	2,050,000	$	2,050,000	54396
GRF	200-441	American Sign Language	$	232,073	$	236,715	54397
GRF	200-442	Child Care Licensing	$	1,517,751	$	1,548,107	54398
GRF	200-444	Professional Recruitment	$	1,917,000	$	1,705,800	54399
GRF	200-445	OhioReads Admin/Volunteer Support	$	5,485,440	$	5,485,440	54400
GRF	200-446	Education Management Information System	$	16,479,636	$	17,573,430	54401
GRF	200-447	GED Testing/Adult High School	$	2,038,678	$	2,079,451	54402
GRF	200-455	Community Schools	$	4,728,935	$	4,824,517	54403
GRF	200-500	School Finance Equity	$	23,560,125	$	19,975,864	54404
GRF	200-501	Base Cost Funding	$	4,273,654,781	$	4,441,014,505	54405
GRF	200-502	Pupil Transportation	$	334,183,786	$	377,305,465	54406
GRF	200-503	Bus Purchase Allowance	$	36,735,279	$	36,799,984	54407
GRF	200-505	School Lunch Match	$	9,639,000	$	9,831,780	54408
GRF	200-509	Adult Literacy Education	$	8,628,000	$	8,628,000	54409
GRF	200-511	Auxiliary Services	$	122,782,475	$	127,650,709	54410
GRF	200-513	Student Intervention Services	$	31,900,000	$	38,280,000	54411
GRF	200-514	Post-Secondary/Adult Career-Technical Education	$	23,240,243	$	23,240,243	54412
GRF	200-520	Disadvantaged Pupil Impact Aid	$	360,149,743	$	360,149,743	54413
GRF	200-521	Gifted Pupil Program	$	45,930,131	$	47,983,321	54414
GRF	200-525	Parity Aid	$	99,813,832	$	210,305,911	54415
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	53,533,703	$	55,675,051	54416
GRF	200-534	Desegregation Costs	$	500,000	$	500,000	54417
GRF	200-540	Special Education Enhancements	$	139,006,701	$	141,950,428	54418
GRF	200-545	Career-Technical Education Enhancements	$	21,673,574	$	22,406,349	54419
GRF	200-546	Charge-Off Supplement	$	39,191,433	$	28,684,104	54420
GRF	200-552	County MR/DD Boards Vehicle Purchases	$	1,666,204	$	1,666,204	54421
GRF	200-553	County MR/DD Boards Transportation Operating	$	9,575,910	$	9,575,910	54422
GRF	200-558	Emergency Loan Interest Subsidy	$	4,500,000	$	3,300,000	54423
GRF	200-566	OhioReads Grants	$	27,148,000	$	27,148,000	54424
GRF	200-570	School Improvement Incentive Grants	$	1,587,500	$	1,737,500	54425
GRF	200-573	Character Education	$	1,050,000	$	1,050,000	54426
GRF	200-574	Substance Abuse Prevention	$	1,948,200	$	1,948,200	54427
GRF	200-580	Bethel School Cleanup	$	65,000	$	65,000	54428
GRF	200-901	Property Tax Allocation - Education	$	707,700,000	$	743,000,000	54429
GRF	200-906	Tangible Tax Exemption - Education	$	73,500,000	$	75,700,000	54430
TOTAL GRF General Revenue Fund			$	6,797,761,471	$	7,175,372,258	54431

General Services Fund Group

54432

138	200-606	Information Technology	$	6,629,469	$	6,761,034	54433
4D1	200-602	Ohio Prevention/Education Resource Center	$	345,000	$	345,000	54434
4L2	200-681	Teacher Certification and Licensure	$	4,684,143	$	4,856,290	54435
452	200-638	Miscellaneous Revenue	$	1,045,000	$	1,045,000	54436
5H3	200-687	School District Solvency Assistance	$	24,000,000	$	24,000,000	54437
596	200-656	Ohio Career Information System	$	743,217	$	769,230	54438
TOTAL GSF General Services							54439
Fund Group			$	37,446,829	$	37,776,554	54440

Federal Special Revenue Fund Group

54441

3C5	200-661	Federal Dependent Care Programs	$	18,189,907	$	18,233,488	54442
3D1	200-664	Drug Free Schools	$	20,621,375	$	20,660,570	54443
3D2	200-667	Honors Scholarship Program	$	2,454,688	$	2,540,602	54444
3H9	200-605	Head Start Collaboration Project	$	250,000	$	250,000	54445
3M0	200-623	ESEA Chapter One	$	320,505,063	$	330,172,277	54446
3M1	200-678	ESEA Chapter Two	$	13,595,978	$	14,059,555	54447
3M2	200-680	Ind W/Disab Education Act	$	186,000,000	$	206,000,000	54448
3L6	200-617	Federal School Lunch	$	175,274,000	$	180,181,672	54449
3L7	200-618	Federal School Breakfast	$	45,746,000	$	47,026,888	54450
3L8	200-619	Child and Adult Care Programs	$	60,257,639	$	61,966,125	54451
3L9	200-621	Vocational Education Basic Grant	$	43,613,582	$	45,142,330	54452
3S2	200-641	Tech Literacy Transfer	$	15,183,430	$	15,183,430	54453
3T4	200-613	Public Charter Schools	$	4,887,260	$	5,055,185	54454
3T6	200-611	Class Size Reduction	$	63,000,000	$	65,000,000	54455
3U2	200-662	Teacher Quality Enhancement Grants	$	1,300,501	$	1,352,000	54456
3U3	200-665	Reading Excellence Grant Program	$	10,018,756	$	0	54457
3U6	200-675	Provision 2 & 3 Grant	$	191,050	$	0	54458
309	200-601	Educationally Disadvantaged	$	20,759,222	$	21,425,345	54459
366	200-604	Adult Basic Education	$	17,527,286	$	18,140,740	54460
367	200-607	School Food Services	$	10,089,884	$	10,408,199	54461
368	200-614	Veterans' Training	$	648,514	$	671,212	54462
369	200-616	Vocational Education	$	8,000,000	$	8,000,000	54463
370	200-624	Education of All Handicapped Children	$	1,364,246	$	1,410,908	54464
371	200-631	EEO Title IV	$	1,155,361	$	1,213,894	54465
374	200-647	E.S.E.A. Consolidated	$	110,094	$	110,094	54466
378	200-660	Math/Science Technology Investments	$	12,696,055	$	13,036,530	54467
TOTAL FED Federal Special							54468
Revenue Fund Group			$	1,053,439,891	$	1,087,241,044	54469

State Special Revenue Fund Group

54470

4R7	200-695	Indirect Cost Recovery	$	3,942,779	$	4,168,947	54471
4V7	200-633	Interagency Vocational Support	$	695,197	$	731,674	54472
053	200-900	School District Property Tax Replacement	$	102,000,000	$	115,911,593	54473
454	200-610	Guidance and Testing	$	940,636	$	956,761	54474
455	200-608	Commodity Foods	$	10,000,000	$	11,000,000	54475
598	200-659	Auxiliary Services Mobile Units	$	1,328,910	$	1,328,910	54476
620	200-615	Educational Grants	$	1,525,000	$	1,525,000	54477
TOTAL SSR State Special Revenue							54478
Fund Group			$	120,432,522	$	135,622,885	54479

Lottery Profits Education Fund Group

54480

017	200-612	Base Cost Funding	$	604,000,000	$	596,000,000	54481
017	200-682	Lease Rental Payment Reimbursement	$	29,722,100	$	25,722,600	54482
TOTAL LPE Lottery Profits							54483
Education Fund Group			$	633,722,100	$	621,722,600	54484
TOTAL ALL BUDGET FUND GROUPS			$	8,642,802,813	$	9,057,735,341	54485

Section 44.01. MAINTENANCE AND EQUIPMENT

54487

Of the foregoing appropriation item 200-320, Maintenance and	54488
Equipment, up to $25,000 may be expended in each year of the	54489
biennium for State Board of Education out-of-state travel.	54490

Section 44.02. HEAD START

54491

No later than July 15, 2001, the Director of Budget and	54492
Management shall transfer $76,156,175 from Fund 3W6, TANF	54493
Education, to the General Revenue Fund. No later than July 15,	54494
2002, the Director of Budget and Management shall transfer	54495
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	54496
Fund. The transferred funds are appropriated for the appropriation	54497
item 200-406, Head Start. The foregoing appropriation item	54498
200-406, Head Start, includes transferred funds of $76,156,175 in	54499
fiscal year 2002 and $98,843,825 in fiscal year 2003.	54500

Of the foregoing appropriation item 200-406, Head Start,	54501
$100,000 per fiscal year shall be used for the Read Baby Read Book	54502
Club Program.	54503

The remainder of foregoing appropriation item 200-406, Head	54504
Start, shall be distributed by the Department of Education to Head	54505
Start agencies. A "Head Start agency" means an entity that has	54506
been approved to be an agency in accordance with Section 641 (42	54507
U.S.C. 9836) of the Head Start Act and amendments thereto, or an	54508
entity designated for state Head Start funding under this section.	54509
Participation in state-funded Head Start programs is voluntary.	54510

Moneys distributed under this heading shall not be used to	54511
reduce expenditures from funds received by a Head Start agency	54512
from any other sources. Section 3301.31 of the Revised Code does	54513
not apply to funds distributed under this heading. In lieu of	54514
section 3301.31 of the Revised Code, distribution of moneys under	54515
this heading shall be as follows:	54516

(A) In fiscal years 2002 and 2003, up to two per cent of the	54517
appropriation may be used by the department for administrative	54518
costs of complying with this section; developing program capacity;	54519
and assisting programs with facilities planning, construction,	54520
renovation, or lease agreements in combination with the Community	54521
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	54522
2002 and up to $1,560,600 in fiscal year 2003 may be used for the	54523
services of literacy specialist and training in early literacy for	54524
Head Start classroom teachers and administrators to support the	54525
OhioReads Initiative.	54526

(B) The department shall provide an annual report to the	54527
Governor, the Speaker of the House of Representatives, the	54528
President of the Senate, the State Board of Education, Head Start	54529
grantees, and other interested parties. The report shall include	54530
the following:	54531

(1) The number and per cent of eligible children by county	54532
and by grantee;	54533

(2) The amount of state funds received for continuation per	54534
grantee;	54535

(3) A summary of program performance on the state critical	54536
performance indicators;	54537

(4) A summary of developmental progress of children	54538
participating in the state-funded Head Start program;	54539

(5) Any other data reflecting the performance of Head Start	54540
that the department considers pertinent.	54541

(C) For purposes of this section, "eligible child" means a	54542
child who is at least three years of age and not of compulsory	54543
school age whose family earns no more than 100 per cent of the	54544
federal poverty level, except as otherwise provided in this	54545
division.	54546

The Department of Education, in consultation with Head Start	54547
grantees or their designated representatives, shall establish	54548
criteria under which individual Head Start grantees may apply to	54549
the department for a waiver to include as "eligible children"	54550
those children from families earning up to 185 per cent of the	54551
federal poverty level when the children otherwise qualify as	54552
"eligible children" under this division.	54553

In order to serve children whose families receive child care	54554
subsidy and whose incomes do not exceed 185 per cent of the	54555
federal poverty guidelines, Head Start grantees may enroll	54556
children whose families receive child care subsidy from the Ohio	54557
Department of Job and Family Services. Head Start grantees	54558
providing full-day, full-year comprehensive services, or otherwise	54559
meeting the child care needs of working families, may partner with	54560
child care centers or family day care homes or may access child	54561
care subsidy directly. This provision is to meet the child care	54562
needs of low-income families who are working, in training or	54563
education programs, or participating in Ohio Works First appproved	54564
activities.	54565

(D) After setting aside amounts to make any payments due	54566
from the prior fiscal year, in fiscal years 2002 and 2003, funds	54567
shall only be distributed to recipients of Head Start funds during	54568
the preceding fiscal year. Awards under this division shall be	54569
based on a per-pupil formula prescribed by the Department of	54570
Education and may be adjusted for one-time start-up costs, actual	54571
months of program operation, or the number of children enrolled	54572
and receiving services, as defined by the Department of Education,	54573
reported during the first full week of December, and may be	54574
increased by a reasonable percentage for inflation to be	54575
determined by the Department of Education and in accordance with	54576
this section. The department may redistribute dollars to programs	54577
demonstrating an unmet need based on updated assessments of family	54578
needs and community resources. In fiscal years 2002 and 2003, the	54579
department may authorize recipients to carry over funds to the	54580
subsequent fiscal year.	54581

The department may reallocate unobligated or unspent money to	54582
participating Head Start agencies for: (1) facilities planning	54583
grants and to leverage construction, renovation, or lease	54584
agreements and for repair of critical deferred maintenance and	54585
safety items in combination with the CDFF; (2) teacher	54586
professional development and enhanced compensation in order to	54587
meet the requirements of section 3301.311 of the Revised Code; (3)	54588
meeting the documentation and reporting requirements and for	54589
technical support in accordance with division (F) of this section;	54590
and (4) expansion, improvement, or special projects to promote	54591
excellence and innovation.	54592

(E) Costs for developing and administering a Head Start	54593
program may not exceed fifteen per cent of the total approved	54594
costs of the program.	54595

All recipients of funds shall maintain such fiscal control	54596
and accounting procedures as may be necessary to ensure the	54597
disbursement of, and accounting for, these funds. The control of	54598
funds provided in this program, and title to property obtained	54599
therefrom, shall be under the authority of the approved recipient	54600
for purposes provided in the program. The approved recipient	54601
shall administer and use such property and funds for the purposes	54602
specified.	54603

Each recipient shall furnish the department an annual audit	54604
that includes the review of state funds received under this	54605
section.	54606

In conjunction with the required audit of federal Head Start	54607
funds, the independent auditor shall examine state Head Start	54608
funds in accordance with the federal regulations and agreed-upon	54609
state procedures formulated by the department.	54610

(F) The department shall prescribe target levels for	54611
critical performance indicators for the purpose of assessing Head	54612
Start programs. On-site reviews and follow-up visits shall be	54613
based on grantee progress in meeting the prescribed target levels.	54614

The Department of Education, in consultation with the	54615
interested parties, including the state Department of Job and	54616
Family Services, shall develop the criteria to be used by Head	54617
Start grantees and delegate agencies with developing partnership	54618
agreements.	54619

The department may audit a Head Start agency's financial and	54620
program records. Head Start agencies that have financial	54621
practices not in accordance with standard accounting principles,	54622
that fail to substantially meet the Head Start performance	54623
standards, or that exhibit below-average performance shall be	54624
subject to an on-site review.	54625

The department shall require corrective plans of action for	54626
programs not achieving target levels or financial and program	54627
standards. Action plans shall include activities to be conducted	54628
by the grantee and timelines for activities to be completed and	54629
timelines for additional data submission to the department	54630
demonstrating targets have been met. The Policy Council	54631
chairperson and the appropriate grantee board official shall sign	54632
the corrective plans of action.	54633

Head Start programs not meeting performance targets in	54634
accordance with the plan of action and prescribed timelines may	54635
have their funding reduced until targets are met, or have all	54636
state funds withdrawn.	54637

The department shall require school districts to collect	54638
"preschool" information by program type. All data shall be	54639
reported via the Education Management Information System (EMIS).	54640

(G) The department shall develop prekindergarten reading and	54641
mathematics content standards and model curricula. These	54642
standards and curricula shall be made available to grantees. Head	54643
Start grantees delegate agencies, and child care partners shall	54644
document child progress, using a common instrument prescribed by	54645
the department, and report results annually. The department shall	54646
determine the dates for documenting and reporting.	54647

(H) In either event, the grantee and delegate shall transfer	54648
control of title to property, equipment, and remaining supplies	54649
obtained through this program to the newly designated grantee and	54650
return any unexpended funds to the department along with any	54651
reports prescribed by the department.	54652

Section 3313.646 of the Revised Code does not apply to funds	54653
distributed under this section.	54654

(I) It is the intent of the General Assembly that	54655
appropriations for appropriation items 200-406, Head Start, and	54656
200-408, Public Preschool, be available for transfer between Head	54657
Start and public preschool programs so that unallocated funds may	54658
be used between the two programs.	54659

(J) The Department of Education shall comply with all TANF	54660
requirements, including reporting requirements and timelines, as	54661
specified in state and federal laws, federal regulations, state	54662
rules, and the Title IV-A state plan, and is responsible for	54663
payment of any adverse audit finding, final disallowance of	54664
federal financial participation, or other sanction or penalty	54665
issued by the federal government or other entity concerning these	54666
funds. Having met all of the above requirements, the Department	54667
shall have the authority to administer these funds in accordance	54668
with its own rules and guidelines, including grant administration	54669
procedures.	54670

Section 44.03. PUBLIC PRESCHOOL	54671

The Department of Education shall distribute the foregoing	54672
appropriation item 200-408, Public Preschool, to pay the costs of	54673
comprehensive preschool programs. As used in this section,	54674
"school district" means a city, local, exempted village, or joint	54675
vocational school district, or an educational service center.	54676

(A) In fiscal years 2002 and 2003, up to two per cent of the	54677
total appropriation may be used by the department for	54678
administrative costs of complying with this section; developing	54679
program capacity; and assisting programs with facilities planning,	54680
construction, renovation, or lease agreements in conjunction with	54681
the Community Development Finance Fund (CDFF).	54682

(B) The department shall provide an annual report to the	54683
Governor, the Speaker of the House of Representatives, the	54684
President of the Senate, the State Board of Education, Head Start	54685
grantees, and other interested parties. The report shall include:	54686

(1) The number and per cent of eligible children by county	54687
and by school district;	54688

(2) The amount of state funds requested for continuation per	54689
school district;	54690

(3) The amount of state funds received for continuation per	54691
school district;	54692

(4) A summary of program performance on the state critical	54693
performance indicators in the public preschool program;	54694

(5) A summary of developmental progress of children	54695
participating in the state-funded public preschool program;	54696

(6) Any other data reflecting the performance of public	54697
preschool programs that the department considers pertinent.	54698

(C) For purposes of this section, "eligible child" means a	54699
child who is at least three years of age whose family earns no	54700
more than 185 per cent of the federal poverty level.	54701

The Department of Education, in consultation with the	54702
Department of Job and Family Services, interested parties, and	54703
Head Start agencies shall formulate a method for determining an	54704
estimate of the number of eligible children and the percentage	54705
served by grantees in each county.	54706

(D) After setting aside amounts to make any payments due	54707
from the prior fiscal year, in fiscal years 2002 and 2003, funds	54708
shall first be distributed to recipients of funds during the	54709
preceding fiscal year. Awards under this division may be reduced	54710
by the amount received in that fiscal year for one-time start-up	54711
costs and may be adjusted for actual months of program operation	54712
or enrollment as reported during the first full week of December,	54713
and may be increased by a reasonable percentage to be determined	54714
by the Department of Education. The department may redistribute	54715
dollars to programs demonstrating an unmet need based on updated	54716
assessments of family needs and community resources, with special	54717
attention to the projected impact of welfare reform. In fiscal	54718
years 2002 and 2003, the department may authorize recipients to	54719
carry over funds to the subsequent fiscal year.	54720

The department may reallocate unobligated or unspent money to	54721
participating school districts for purposes of program expansion,	54722
improvement, or special projects to promote excellence and	54723
innovation.	54724

(E) Costs for developing and administering a preschool	54725
program may not exceed fifteen per cent of the total approved	54726
costs of the program.	54727

All recipients of funds shall maintain such fiscal control	54728
and accounting procedures as may be necessary to ensure the	54729
disbursement of, and accounting for, these funds. The control of	54730
funds provided in this program, and title to property obtained	54731
therefrom, shall be under the authority of the approved recipient	54732
for purposes provided in the program. The approved recipient	54733
shall administer and use such property and funds for the purposes	54734
specified.	54735

(F) The department shall prescribe target levels for	54736
critical performance indicators for the purpose of assessing	54737
public preschool programs. On-site reviews and follow-up visits	54738
shall be based on progress in meeting the prescribed target	54739
levels.	54740

The department may audit a school district's preschool	54741
financial and program records. School districts that have	54742
financial practices not in accordance with standard accounting	54743
principles, that operate preschool programs that fail to	54744
substantially meet the Head Start performance standards, or that	54745
exhibit below-average performance shall be subject to an on-site	54746
review.	54747

The department shall require corrective plans of action for	54748
programs not achieving target levels or financial and program	54749
standards. Action plans shall include activities to be conducted	54750
by the grantee and timelines for activities to be completed and	54751
timelines for additional data submission to the department	54752
demonstrating that targets have been met. The appropriate school	54753
board official shall sign the corrective plans of action.	54754

Public preschool programs not meeting performance targets in	54755
accordance with the plan of action and prescribed timelines may	54756
have their continuation funding reduced, be disqualified for	54757
expansion consideration until targets are met, or have all state	54758
funds withdrawn and a new program established.	54759

(G) The department shall require public preschool programs	54760
to document child progress, using a common instrument prescribed	54761
by the department, and report results annually. The department	54762
shall determine the dates for documenting and reporting.	54763

The State Board of Education shall adopt rules addressing the	54764
use of screening and assessment data, including, but not limited	54765
to, all of the following:	54766

(1) Protection of the identity of individual children	54767
through assignment of a unique but not personally identifiable	54768
code;	54769

(2) Parents' rights;

54770

(3) Use of the data by school personnel as it relates to	54771
kindergarten entrance.	54772

(H) Each school district shall develop a sliding fee scale	54773
based on family incomes in the district and shall charge families	54774
who earn more than the federal poverty level for preschool.	54775

(I) It is the intent of the General Assembly that	54776
appropriations for appropriation items 200-406, Head Start, and	54777
200-408, Public Preschool, be available for transfer between Head	54778
Start and Public Preschool programs so that unallocated funds may	54779
be used between the two programs.	54780

Section 44.04. PROFESSIONAL DEVELOPMENT

54781

Of the foregoing appropriation item 200-410, Professional	54782
Development, $5,997,829 in each fiscal year shall be used by the	54783
Department of Education to develop a statewide comprehensive	54784
system of twelve professional development centers that support	54785
local educators' ability to foster academic achievement in the	54786
students they serve. The centers shall include training teachers	54787
on site-based management concepts to encourage teachers to become	54788
involved in the management of their schools.	54789

Of the foregoing appropriation item 200-410, Professional	54790
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in	54791
fiscal year 2003 shall be used by the Department of Education to	54792
pay the application fee for teachers from public and chartered	54793
nonpublic schools applying to the National Board for Professional	54794
Teaching Standards for professional teaching certificates or	54795
licenses that the board offers, and to provide grants in each	54796
fiscal year to recognize and reward teachers who become certified	54797
by the board pursuant to section 3319.55 of the Revised Code, and	54798
up to $300,000 in each fiscal year of this set-aside may be used	54799
to pay for costs associated with activities to support candidates	54800
through the application and certification process.	54801

These moneys shall be used to pay for the first 900	54802
applications in fiscal year 2002 and up to the first 550	54803
applications in fiscal year 2003 received by the department. Each	54804
prospective applicant for certification or licensure shall submit	54805
an application to the Department of Education. When the	54806
department has collected a group of applications, but not later	54807
than 30 days after receipt of the first application in a group, it	54808
shall send the applications to the National Board for Professional	54809
Teaching Standards along with a check to cover the cost of the	54810
application fee for all applicants in that group.	54811

Of the foregoing appropriation item 200-410, Professional	54812
Development, up to $8,296,000 in fiscal year 2002 and up to	54813
$19,387,750 in fiscal year 2003 shall be allocated for entry year	54814
programs. These funds shall be used to support mentoring services	54815
of beginning teachers, including chartered nonpublic beginning	54816
teachers. In fiscal year 2002, the Department of Education shall	54817
select eligible beginning teachers to participate in a year-long	54818
entry year program that provides mentoring by experienced school	54819
and university faculty and Praxis III teacher performance	54820
assessment. In fiscal year 2003, the program shall also include	54821
the assessment of all beginning teachers with the Education	54822
Testing Service's Praxis III examination.	54823

Of the foregoing appropriation item 200-410, Professional	54824
Development, up to $650,000 in each fiscal year shall be used to	54825
continue Ohio leadership academies to develop and train	54826
superintendents in new leadership and management practices to	54827
support high performance schools. This training shall be	54828
coordinated with other locally administered leadership programs.	54829

Of the foregoing appropriation item 200-410, Professional	54830
Development, up to $850,000 in each fiscal year shall be used to	54831
support the Ohio Principal's Leadership Academy that will serve	54832
principals and their staff teams. An advisory panel comprised of	54833
national business and education experts shall advise the	54834
Department of Education on content and delivery of curriculum and	54835
instruction.	54836

Of the foregoing appropriation item 200-410, Professional	54837
Development, up to $975,000 in each fiscal year shall be used to	54838
establish an entry year program for principals, including for	54839
chartered nonpublic principals. Grants in fiscal year 2002 shall	54840
be issued to pilot sites that shall develop prototypes of the	54841
program in a variety of contexts. These sites also shall pilot	54842
the School Leaders Licensure Assessment, which was developed by	54843
the Educational Testing Service at a cost of $450 per assessment.	54844
Funds in fiscal year 2003 shall be used to implement an entry year	54845
program for principals.	54846

Of the foregoing appropriation item 200-410, Professional	54847
Development, up to $500,000 in each fiscal year shall be used by	54848
the Rural Appalachian Initiative to create professional	54849
development academies for teachers, principals, and	54850
superintendents in the Appalachian region. No funding shall be	54851
released prior to the Department of Education receiving a	54852
satisfactory report of the activities conducted by these	54853
professional development academies during the previous year.	54854

Of the foregoing appropriation item 200-410, Professional	54855
Development, up to $250,000 in fiscal year 2002 and up to $350,000	54856
in fiscal year 2003 shall be used to support a Teacher Recognition	54857
Program. Funds awarded shall be used to recognize exemplary	54858
performance and support the professional development of educators	54859
across the educator life-cycle continuum, and may also be used to	54860
support the implementation of an educator-in-residence program.	54861

Of the foregoing appropriation item 200-410, Professional	54862
Development, up to $25,000 in each fiscal year shall be used by	54863
the Ohio Teacher Education and Certification Commission to carry	54864
out the responsibilities of the 21-member Ohio Teacher Education	54865
and Certification Advisory Commission. The advisory commission is	54866
charged by the State Board of Education with considering all	54867
matters related to educator preparation and licensure, including	54868
standards for educator preparation and licensure, approval of	54869
institutions and programs, and recommending consideration of	54870
decisions to the State Board.	54871

Of the foregoing appropriation item 200-410, Professional	54872
Development, up to $75,000 in each fiscal year shall be used to	54873
support the Ohio University Leadership Program.	54874

Section 44.05. FAMILY AND CHILDREN FIRST

54875

(A) Of the foregoing appropriation item 200-411, Family and	54876
Children First, the Department of Education shall transfer up to	54877
$3,677,188 in each fiscal year by intrastate transfer voucher to	54878
the Department of Mental Retardation and Developmental	54879
Disabilities. These funds shall be spent on direct grants to	54880
county family and children first councils created under section	54881
121.37 of the Revised Code. The funds shall be used as partial	54882
support payment and reimbursement for locally coordinated	54883
treatment plans for multineeds children that come to the attention	54884
of the Family and Children First Cabinet Council pursuant to	54885
section 121.37 of the Revised Code. The treatment plans shall	54886
include strategies to address each child's academic achievement.	54887
The Department of Mental Retardation and Developmental	54888
Disabilities shall administer the distribution of the direct	54889
grants to the county councils. The Department of Mental	54890
Retardation and Developmental Disabilities may use up to five per	54891
cent of this amount for administrative expenses associated with	54892
the distribution of funds to the county councils.	54893

(B) Of the foregoing appropriation item 200-411, Family and	54894
Children First, up to $1,775,000 in each fiscal year shall be used	54895
as administrative grants to county family and children first	54896
councils to provide a portion of the salary and fringe benefits	54897
necessary to fund county council coordinators, administrative	54898
support, training, or parental involvement. The total initial	54899
grant under this provision to any county family and children first	54900
council shall not exceed $20,000. In the event that not all	54901
counties in the state have established a county council, at the	54902
beginning of the fourth quarter of a fiscal year, any remaining	54903
funds to be used as administrative grants may be redirected by the	54904
Family and Children First Cabinet Council to other priorities and	54905
activities. Up to $15,000 of the $1,775,000 in each fiscal year	54906
shall be used by the Family and Children First Cabinet Council for	54907
administrative costs, including stipends to family representatives	54908
participating in approved activities of the initiative,	54909
educational and informational forums, and technical assistance to	54910
local family and children first councils.	54911

(C) Of the foregoing appropriation item 200-411, Family and	54912
Children First, up to $5,190,000 in each fiscal year shall be used	54913
to fund school-based or school-linked school readiness resource	54914
centers in school districts where there is a concentration of risk	54915
factors to school readiness and success, including indicators of	54916
poverty, health, and family stability. The purpose of these	54917
centers is to assist in providing services to families of	54918
school-age children who want and need support.	54919

School readiness resource centers shall be located in each of	54920
the state's 21 urban school districts as defined in division (O)	54921
of section 3317.02 of the Revised Code, as that section existed	54922
prior to July 1, 1998. The Ohio Family and Children First Cabinet	54923
Council, in consultation with the Department of Education and	54924
school districts, shall identify individual schools based on	54925
quantitative and qualitative factors that reflect both the need	54926
for school readiness resource centers and the local capacity for	54927
redesigning, as necessary, a delivery system of family support	54928
services. The council and the Department of Education shall	54929
organize and provide technical assistance to the school districts	54930
and communities in planning, developing, and implementing the	54931
centers. The council shall also negotiate a performance agreement	54932
that details required program characteristics, service options,	54933
and expected results.	54934

Each urban school district and community may receive up to	54935
$240,000 to maintain three school readiness resource centers that	54936
are located in or linked to elementary, middle, and high school	54937
sites that are connected by student assignment patterns within the	54938
school districts. Each school district shall work with a	54939
representative of the local family and children first council and	54940
a representative cross-section of families and community leaders	54941
in the district to operate the school readiness resource centers	54942
based upon conditions agreed to in the performance agreement	54943
negotiated with the cabinet council.	54944

Up to $50,000 in each fiscal year may be used by the Ohio	54945
Family and Children First Cabinet Council for an evaluation of the	54946
effectiveness of the school readiness resource centers. Up to	54947
$100,000 in each fiscal year may be used by the cabinet council to	54948
approve technical assistance and oversee the implementation of the	54949
centers. The administration and management of the school	54950
readiness resource centers may be contracted out through a	54951
competitive bidding process established by the cabinet council in	54952
consultation with the Department of Education.	54953

Section 44.06. VOCATIONAL EDUCATION MATCH

54954

The foregoing appropriation item 200-416, Vocational	54955
Education Match, shall be used by the Department of Education to	54956
provide vocational administration matching funds pursuant to 20	54957
U.S.C. 2311.	54958

TECHNICAL SYSTEMS DEVELOPMENT

54959

The foregoing appropriation item 200-420, Technical Systems	54960
Development, shall be used to support the development and	54961
implementation of information technology solutions designed to	54962
improve the performance and customer service of the Department of	54963
Education. Funds may be used for personnel, maintenance, and	54964
equipment costs related to the development and implementation of	54965
these technical system projects. Implementation of these systems	54966
shall allow the department to provide greater levels of assistance	54967
to school districts and to provide more timely information to the	54968
public, including school districts, administrators, and	54969
legislators.	54970

ALTERNATIVE EDUCATION PROGRAMS

54971

There is hereby created the Alternative Education Advisory	54972
Council, which shall consist of one representative from each of	54973
the following agencies: the Ohio Department of Education; the	54974
Department of Youth Services; the Ohio Department of Alcohol and	54975
Drug Addiction Services; the Department of Mental Health; the	54976
Office of the Governor or, at the Governor's discretion, the	54977
Office of the Lieutenant Governor; and the Office of the Attorney	54978
General.	54979

Of the foregoing appropriation item 200-421, Alternative	54980
Education Programs, not less than $9,253,031 in each fiscal year	54981
shall be used for the renewal of successful implementation grants	54982
and for competitive matching grants to the 21 urban school	54983
districts as defined in division (O) of section 3317.02 of the	54984
Revised Code as it existed prior to July 1, 1998, and not less	54985
than $9,253,031 in each fiscal year shall be used for the renewal	54986
of successful implementation of grants and for competitive	54987
matching grants to rural and suburban school districts for	54988
alternative educational programs for existing and new at-risk and	54989
delinquent youth. Programs shall be focused on youth in one or	54990
more of the following categories: those who have been expelled or	54991
suspended, those who have dropped out of school or who are at risk	54992
of dropping out of school, those who are habitually truant or	54993
disruptive, or those on probation or on parole from a Department	54994
of Youth Services facility. Grants shall be awarded according to	54995
the criteria established by the Alternative Education Advisory	54996
Council in 1999. Grants shall be awarded only to programs where	54997
the grant would not serve as the program's primary source of	54998
funding. These grants shall be administered by the Department of	54999
Education. Of the set-aside for the 21 urban school districts,	55000
$1,000,000 in each fiscal year shall be used for programs where	55001
the minimum length of each student's assignment is 90 days in	55002
length.	55003

The Department of Education may waive compliance with any	55004
minimum education standard established under section 3301.07 of	55005
the Revised Code for any alternative school that receives a grant	55006
under this section on the grounds that the waiver will enable the	55007
program to more effectively educate students enrolled in the	55008
alternative school.	55009

Of the foregoing appropriation item 200-421, Alternative	55010
Education Programs, up to $480,552 in each fiscal year may be used	55011
for program administration, monitoring, technical assistance,	55012
support, research, and evaluation. Any unexpended balance may be	55013
used to provide additional matching grants to urban, suburban, or	55014
rural school districts as outlined above.	55015

Of the foregoing appropriation item 200-421, Alternative	55016
Education Programs, $313,386 in each fiscal year shall be used to	55017
contract with the Center for Learning Excellence at The Ohio State	55018
University to provide technical support for the project and the	55019
completion of formative and summative evaluation of the grants.	55020

Of the foregoing appropriation item 200-421, Alternative	55021
Education Programs, up to $700,000 in each fiscal year shall be	55022
used to support Amer-I-Can. Of this set aside, no funds shall be	55023
disbursed without approval of the Controlling Board. Amer-I-Can	55024
programs shall submit to the Controlling Board a biennial spending	55025
plan that delineates how these funds will be spent. Amer-I-can	55026
programs also shall demonstrate to the Controlling Board that they	55027
have hired an independent evaluator and have selected valid and	55028
reliable instruments to assess pre and post changes in student	55029
behavior.	55030

SCHOOL MANAGEMENT ASSISTANCE

55031

Of the foregoing appropriation item 200-422, School	55032
Management Assistance, $700,000 in fiscal year 2002 and $400,000	55033
in fiscal year 2003 shall be used by the Auditor of State for	55034
expenses incurred in the Auditor of State's role relating to	55035
fiscal caution activities as defined in Chapter 3316. of the	55036
Revised Code. Expenses include duties related to the completion of	55037
performance audits for school districts that the Superintendent of	55038
Public Instruction determines are employing fiscal practices or	55039
experiencing budgetary conditions that could produce a state of	55040
fiscal watch or fiscal emergency.	55041

The remainder of foregoing appropriation item 200-422, School	55042
Management Assistance, shall be used by the Department of	55043
Education to provide fiscal technical assistance and inservice	55044
education for school district management personnel and to	55045
administer, monitor, and implement the fiscal watch and fiscal	55046
emergency provisions under Chapter 3316. of the Revised Code.	55047

POLICY ANALYSIS

55048

The foregoing appropriation item 200-424, Policy Analysis,	55049
shall be used by the Department of Education to support a system	55050
of administrative, statistical, and legislative education	55051
information to be used for policy analysis. Staff supported by	55052
this appropriation shall administer the development of reports,	55053
analyses, and briefings to inform education policymakers of	55054
current trends in education practice, efficient and effective use	55055
of resources, and evaluation of programs to improve education	55056
results. The database shall be kept current at all times. These	55057
research efforts shall be used to supply information and analysis	55058
of data to the General Assembly and other state policymakers,	55059
including the Office of Budget and Management and the Legislative	55060
Service Commission.	55061

The Department of Education may use funding from this	55062
appropriation item to purchase or contract for the development of	55063
software systems or contract for policy studies that will assist	55064
in the provision and analysis of policy-related information.	55065
Funding from this appropriation item also may be used to monitor	55066
and enhance quality assurance for research-based policy analysis	55067
and program evaluation to enhance the effective use of education	55068
information to inform education policymakers.	55069

TECH PREP ADMINISTRATION

55070

The foregoing appropriation item 200-425, Tech Prep	55071
Administration, shall be used by the Department of Education to	55072
support state-level activities designed to support, promote, and	55073
expand tech prep programs. Use of these funds shall include, but	55074
not be limited to, administration of grants, program evaluation,	55075
professional development, curriculum development, assessment	55076
development, program promotion, communications, and statewide	55077
coordination of tech prep consortia.	55078

OHIO EDUCATIONAL COMPUTER NETWORK

55079

The foregoing appropriation item 200-426, Ohio Educational	55080
Computer Network, shall be used by the Department of Education to	55081
maintain a system of information technology throughout Ohio and to	55082
provide technical assistance for such a system in support of the	55083
State Education Technology Plan pursuant to section 3301.07 of the	55084
Revised Code.	55085

Of the foregoing appropriation item 200-426, Ohio Educational	55086
Computer Network, up to $20,571,198 in fiscal year 2002 and up to	55087
$21,188,334 in fiscal year 2003 shall be used by the Department of	55088
Education to support connection of all public school buildings to	55089
the state's education network, to each other, and to the Internet.	55090
In each fiscal year the Department of Education shall use these	55091
funds to help reimburse data acquisition sites or school districts	55092
for the operational costs associated with this connectivity. The	55093
Department of Education shall develop a formula and guidelines for	55094
the distribution of these funds to the data acquisition sites or	55095
individual school districts. As used in this section, "public	55096
school building" means a school building of any city, local,	55097
exempted village, or joint vocational school district, or any	55098
community school established under Chapter 3314. of the Revised	55099
Code, or any educational service center building used for	55100
instructional purposes.	55101

Of the foregoing appropriation item 200-426, Ohio Educational	55102
Computer Network, up to $2,043,938 in fiscal year 2002 and up to	55103
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog	55104
and InfOhio Network.	55105

The Department of Education shall use up to $4,590,000 in	55106
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to	55107
assist designated data acquisition sites with operational costs	55108
associated with the increased use of the state's education network	55109
by chartered nonpublic schools. The Department of Education shall	55110
develop a formula and guidelines for distribution of these funds	55111
to designated data acquisition sites.	55112

The remainder in each fiscal year of appropriation item	55113
200-426, Ohio Educational Computer Network, shall be used to	55114
support development, maintenance, and operation of a network of	55115
uniform and compatible computer-based information and	55116
instructional systems. The technical assistance shall include, but	55117
not be restricted to, development and maintenance of adequate	55118
computer software systems to support network activities. Program	55119
funds may be used, through a formula and guidelines devised by the	55120
department, to subsidize the activities of not more than 24	55121
designated data acquisition sites, as defined by State Board of	55122
Education rules, to provide school districts and chartered	55123
nonpublic schools with computer-based student and teacher	55124
instructional and administrative information services, including	55125
approved computerized financial accounting, and to ensure the	55126
effective operation of local automated administrative and	55127
instructional systems. To broaden the scope of the use of	55128
technology for education, the department may use up to $250,000 in	55129
each fiscal year to coordinate the activities of the computer	55130
network with other agencies funded by the department or the state.	55131
In order to improve the efficiency of network activities, the	55132
department and data acquisition sites may jointly purchase	55133
equipment, materials, and services from funds provided under this	55134
appropriation for use by the network and, when considered	55135
practical by the department, may utilize the services of	55136
appropriate state purchasing agencies.	55137

ACADEMIC STANDARDS

55138

The foregoing appropriation item 200-427, Academic Standards,	55139
shall be used by the Department of Education to develop and	55140
disseminate academic content standards. These funds shall be used	55141
to develop academic content standards and curriculum models and to	55142
fund communication of expectations to teachers, school districts,	55143
parents, and communities.	55144

Section 44.07. SCHOOL IMPROVEMENT INITIATIVES

55145

Of the foregoing appropriation item 200-431, School	55146
Improvement Initiatives, up to $3,700,000 in fiscal year 2002	55147
shall be used to continue previously awarded venture capital	55148
grants of $25,000 to 148 schools and up to $975,000 in fiscal year	55149
2003 shall be used to continue previously awarded venture capital	55150
grants of $25,000 to 39 schools.	55151

Of the foregoing appropriation item 200-431, School	55152
Improvement Initiatives, $4,500,000 in fiscal year 2002 and	55153
$5,000,000 in fiscal year 2003 shall be used for the development	55154
and distribution of school report cards pursuant to section	55155
3302.03 of the Revised Code, for the development of core	55156
competencies for the proficiency tests, and to support the	55157
recommendations of the Governor's Commission for Student Success.	55158

Of the foregoing appropriation item 200-431, School	55159
Improvement Initiatives, $7,500,000 in fiscal year 2002 and	55160
$8,500,000 in fiscal year 2003 shall be used to provide technical	55161
assistance to school districts that are declared to be in a state	55162
of academic watch or academic emergency under section 3302.03 of	55163
the Revised Code to develop their continuous improvement plans as	55164
required in section 3302.04 of the Revised Code.	55165

Of the foregoing appropriation item 200-431, School	55166
Improvement Initiatives, up to $150,000 in each fiscal year shall	55167
be used to support a teacher-in-residence at the Governor's office	55168
and related support staff, travel expenses, and administrative	55169
overhead.	55170

SCHOOL CONFLICT MANAGEMENT

55171

Of the foregoing appropriation item 200-432, School Conflict	55172
Management, amounts shall be used by the Department of Education	55173
for the purpose of providing dispute resolution and conflict	55174
management training, consultation, and materials for school	55175
districts, and for the purpose of providing competitive school	55176
conflict management grants to school districts.	55177

The Department of Education shall assist the Commission on	55178
Dispute Resolution and Conflict Management in the development and	55179
dissemination of the school conflict management program. The	55180
assistance provided by the Department of Education shall include	55181
the assignment of a full-time employee of the department to the	55182
Commission on Dispute Resolution and Conflict Management to	55183
provide technical and administrative support to maximize the	55184
quality of dispute resolution and conflict management programs and	55185
services provided to school districts.	55186

Of the foregoing appropriation item 200-432, School Conflict	55187
Management, up to $5,000 in fiscal year 2002 shall be used to	55188
support the Character Council Initiative. The Initiative works to	55189
instill character and values at all levels in the community.	55190

READING/WRITING IMPROVEMENT

55191

Of the foregoing appropriation item 200-433, Reading/Writing	55192
Improvement, up to $12,396,970 in each fiscal year shall be used	55193
for professional development in literacy for classroom teachers,	55194
administrators, and literacy specialists.	55195

Of the foregoing appropriation item 200-433, Reading/Writing	55196
Improvement, up to $1,780,268 in fiscal year 2002 and up to	55197
$1,815,874 in fiscal year 2003 shall be used by the Department of	55198
Education to fund the Reading Recovery Training Network, to cover	55199
the cost of release time for the teacher trainers, and to provide	55200
grants to districts to implement other reading improvement	55201
programs on a pilot basis. Funds for this appropriation item may	55202
also be used to conduct evaluations of the impact and	55203
effectiveness of Reading Recovery and other reading improvement	55204
programs.	55205

Of the foregoing appropriation item 200-433, Reading/Writing	55206
Improvement, $250,000 in each fiscal year shall be used to	55207
continue the Waterford Early Reading program.	55208

The remainder of appropriation item 200-433, Reading/Writing	55209
Improvement, shall be used by the Department of Education to	55210
develop and support reading and writing improvement programs by	55211
providing a common assessment/profile instrument for elementary	55212
school buildings, literacy specialist support and training	55213
programs, and incentives for teachers to complete professional	55214
development programs.	55215

STUDENT ASSESSMENT

55216

The foregoing appropriation item 200-437, Student Assessment,	55217
shall be used to develop, field test, print, distribute, score,	55218
and report results from the tests required under sections	55219
3301.0710 and 3301.0711 of the Revised Code and for similar	55220
purposes as required by section 3301.27 of the Revised Code.	55221

SAFE SCHOOLS

55222

Of the foregoing appropriation item 200-438, Safe Schools,	55223
$230,000 in each fiscal year shall be used for the development and	55224
operation of a Safe Schools Center. The Department of Education	55225
shall oversee the creation of a center to serve as a coordinating	55226
entity to assist school district personnel, parents, juvenile	55227
justice representatives, and law enforcement in identifying	55228
effective strategies and services for improving school safety and	55229
reducing threats to the security of students and school personnel.	55230

Of the foregoing appropriation item 200-438, Safe Schools, up	55231
to $1,800,000 in each fiscal year shall be used for a safe-school	55232
help line program for students, parents, and the community to	55233
report threats to the safety of students or school personnel. The	55234
Department of Education shall establish criteria to distribute	55235
these funds to school districts whose superintendents indicate the	55236
program would be a meaningful aid to school security.	55237

Of the foregoing appropriation item 200-438, Safe Schools, up	55238
to $20,000 in each fiscal year may be used by schools for the	55239
Eddie Eagle Gun Safety Pilot Program. School districts wishing to	55240
participate in the pilot program shall apply to the Department of	55241
Education under guidelines established by the Superintendent of	55242
Public Instruction.	55243

AMERICAN SIGN LANGUAGE

55244

Of the foregoing appropriation item 200-441, American Sign	55245
Language, up to $153,000 in fiscal year 2002 and up to $156,060	55246
in fiscal year 2003 shall be used to implement pilot projects for	55247
the integration of American Sign Language deaf language into the	55248
kindergarten through twelfth-grade curriculum.	55249

The remainder of the appropriation shall be used by the	55250
Department of Education to provide supervision and consultation to	55251
school districts in dealing with parents of handicapped children	55252
who are deaf or hard of hearing, in integrating American Sign	55253
Language as a foreign language, and in obtaining interpreters and	55254
improving their skills.	55255

CHILD CARE LICENSING

55256

The foregoing appropriation item 200-442, Child Care	55257
Licensing, shall be used by the Department of Education to license	55258
and to inspect preschool and school-age child care programs in	55259
accordance with sections 3301.52 to 3301.59 of the Revised Code.	55260

PROFESSIONAL RECRUITMENT

55261

Of the foregoing appropriation item 200-444, Professional	55262
Recruitment, $1,300,000 in each fiscal year shall be used by the	55263
Department of Education to establish programs targeted at	55264
recruiting underrepresented populations into the teaching	55265
profession. In each year, the recruitment programs shall include,	55266
but not be limited to, alternative teacher licensure or	55267
certification programs emphasizing the recruitment of highly	55268
qualified minority candidates into teaching, including emphasizing	55269
the recruitment of highly qualified minority candidates into	55270
teaching positions in schools that have a high percentage of	55271
minority students. The recruitment programs also shall target	55272
recruiting qualified candidates available as a result of	55273
downsizing of the military and business sectors. Funding also	55274
shall be targeted to statewide, regional, and local programs that	55275
are competitively selected as promising programs demonstrating the	55276
potential of significantly increasing Ohio's minority teaching	55277
force.	55278

The remainder of appropriation item 200-444 shall be used by	55279
the Department of Education for recruitment programs targeting	55280
special needs areas: recruiting prospective mathematics and	55281
science teachers, recruiting special educators, recruiting	55282
principals, developing a web-based placement bureau, establishing	55283
a pre-collegiate program to target future teachers, and piloting	55284
paraeducators-to-teacher programs.	55285

OHIOREADS ADMIN/VOLUNTEER SUPPORT

55286

The foregoing appropriation item 200-445, OhioReads	55287
Admin/Volunteer Support, may be allocated by the OhioReads Council	55288
for volunteer coordinators in public school buildings, to	55289
educational service centers for costs associated with volunteer	55290
coordination, for background checks for volunteers, to evaluate	55291
the OhioReads Program, and for operating expenses associated with	55292
administering the program.	55293

Section 44.08. EDUCATION MANAGEMENT INFORMATION SYSTEM

55294

The foregoing appropriation item 200-446, Education	55295
Management Information System, shall be used by the Department of	55296
Education to provide school districts with the means to implement	55297
local automated information systems and to implement, develop, and	55298
improve the Education Management Information System (EMIS) for the	55299
common student information management software developed by the	55300
Department of Education.	55301

Of the foregoing appropriation item 200-446, Education	55302
Management Information System, up to $1,000,000 in each fiscal	55303
year may be used by the Department of Education to assist	55304
designated data acquisition sites or school districts with	55305
deployment and implementation of the common student management	55306
record system software, and for hardware, personnel, equipment,	55307
staff development, software, and forms modification, as well as to	55308
support EMIS special report activities in the department.	55309

Of the foregoing appropriation item 200-446, Education	55310
Management Information System, up to $2,213,639 in fiscal year	55311
2002 and up to $1,476,760 in fiscal year 2003 shall be distributed	55312
to designated data acquisition sites for costs relating to	55313
processing, storing, and transferring data for the effective	55314
operation of the EMIS. These costs may include, but are not	55315
limited to, personnel, hardware, software development,	55316
communications connectivity, professional development, and support	55317
services, and to provide services to participate in the State	55318
Education Technology Plan pursuant to section 3301.07 of the	55319
Revised Code.	55320

Of the foregoing appropriation item 200-446, Education	55321
Management Information System, up to $7,763,297 in fiscal year	55322
2002 and up to $8,999,708 in fiscal year 2003 shall be distributed	55323
to school districts, community schools established under Chapter	55324
3314. of the Revised Code, education service centers, and joint	55325
vocational school districts on a per-pupil basis. From this	55326
funding, each school district or community school established	55327
under Chapter 3314. of the Revised Code with enrollment greater	55328
than 100 students and each vocational school district shall	55329
receive a minimum of $5,000 for each year of the biennium. Each	55330
school district or community school established under Chapter	55331
3314. of the Revised Code with enrollment between one and one	55332
hundred and each education service center and each county board of	55333
MR/DD that submits data through EMIS shall receive $3,000 for each	55334
year of the biennium. This money shall be used for costs	55335
associated with the development and operation of local automated	55336
record-based information systems that provide data as required by	55337
the education management information system, and facilitate local	55338
district, school, and classroom management activities.	55339

GED TESTING/ADULT HIGH SCHOOL

55340

The foregoing appropriation item 200-447, GED Testing/Adult	55341
High School, shall be used to provide General Educational	55342
Development (GED) testing at no cost to applicants, pursuant to	55343
rules adopted by the State Board of Education. The Department of	55344
Education shall reimburse school districts and community schools,	55345
created in accordance with Chapter 3314. of the Revised Code, for	55346
a portion of the costs incurred in providing summer instructional	55347
or intervention services to students who have not graduated due to	55348
their inability to pass one or more parts of the state's ninth	55349
grade proficiency test. School districts shall also provide such	55350
services to students who are residents of the district pursuant to	55351
section 3313.64 of the Revised Code, but who are enrolled in	55352
chartered, nonpublic schools. The services shall be provided in	55353
the public school, in nonpublic schools, in public centers, or in	55354
mobile units located on or off the nonpublic school premises. No	55355
school district shall provide summer instructional or intervention	55356
services to nonpublic school students as authorized by this	55357
section unless such services are available to students attending	55358
the public schools within the district. No school district shall	55359
provide services for use in religious courses, devotional	55360
exercises, religious training, or any other religious activity.	55361
Chartered, nonpublic schools shall pay for any unreimbursed costs	55362
incurred by school districts for providing summer costs incurred	55363
by school districts for providing summer instruction or	55364
intervention services to students enrolled in chartered, nonpublic	55365
schools. School districts may provide these services to students	55366
directly or contract with postsecondary or nonprofit	55367
community-based institutions in providing instruction. The	55368
appropriation also shall be used for state reimbursement to	55369
school districts for adult high school continuing education	55370
programs pursuant to section 3313.531 of the Revised Code or for	55371
costs associated with awarding adult high school diplomas under	55372
section 3313.611 of the Revised Code.	55373

COMMUNITY SCHOOLS

55374

Of the foregoing appropriation item 200-455, Community	55375
Schools, up to $100,000 in each fiscal year may be used by the	55376
Lucas County Educational Service Center to pay for additional	55377
services provided to community schools, subject to the reporting	55378
by the service center of actual expenses incurred to the	55379
Department of Education. Up to $1,628,935 in fiscal year 2002 and	55380
up to $1,724,517 in fiscal year 2003 may be used by the Office of	55381
School Options in the Department of Education for additional	55382
services and responsibilities under section 3314.11 of the Revised	55383
Code.	55384

The remaining appropriation may be used by the Department of	55385
Education and the Lucas County Educational Service Center to make	55386
grants of up to $50,000 to each proposing group with a preliminary	55387
agreement obtained under division (C)(2) of section 3314.02 of the	55388
Revised Code in order to defray planning and initial start-up	55389
costs. In the first year of operation of a community school, the	55390
Department of Education and the Lucas County Educational Service	55391
Center may make a grant of no more than $100,000 to the governing	55392
authority of the school to partially defray additional start-up	55393
costs. The amount of the grant shall be based on a thorough	55394
examination of the needs of the community school. The Department	55395
of Education and the Lucas County Educational Service Center shall	55396
not utilize moneys received under this section for any other	55397
purpose other than those specified under this section. The	55398
department shall allocate an amount to the Lucas County	55399
Educational Service Center for grants to schools in the Lucas	55400
County area under this paragraph.	55401

A community school awarded start-up grants from appropriation	55402
item 200-613, Public Charter Schools (Fund 3T4), shall not be	55403
eligible for grants under this section.	55404

Section 44.09. SCHOOL FINANCE EQUITY

55405

The foregoing appropriation item 200-500, School Finance	55406
Equity, shall be distributed to school districts based on the	55407
formula specified in section 3317.0213 of the Revised Code.	55408

Section 44.10. BASE COST FUNDING

55409

The foregoing appropriation item 200-501, Base Cost Funding,	55410
includes $91,488,407 in fiscal year 2003 for the state education	55411
aid offset due to the change in public utility valuation as a	55412
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	55413
General Assembly. This amount represents the total state	55414
education aid offset due to the valuation change for school	55415
districts and joint vocational school districts from all relevant	55416
line item sources. If it is determined that the state education	55417
aid offset is more than $91,488,407, the Controlling Board may	55418
increase the appropriation for item 200-501, Base Cost Funding, by	55419
the difference amount if presented with such a request from the	55420
Department of Education. The appropriation increase, if any, is	55421
hereby appropriated. If it is determined that the state education	55422
aid offset is less than $91,488,407, the Director of Budget and	55423
Management shall then reduce the appropriation for item 200-501,	55424
Base Cost Funding, by the difference amount and notify the	55425
Controlling Board of this action. The appropriation decrease	55426
determined by the Director of Budget and Management, if any, is	55427
hereby approved, and appropriations are hereby reduced by the	55428
amount determined.	55429

Of the foregoing appropriation item 200-501, Base Cost	55430
Funding, up to $425,000 shall be expended in each year of the	55431
biennium for court payments pursuant to section 2151.357 of the	55432
Revised Code; an amount shall be available each year of the	55433
biennium for the cost of the reappraisal guarantee pursuant to	55434
section 3317.04 of the Revised Code; an amount shall be available	55435
in each year of the biennium to fund up to 225 full-time	55436
equivalent approved GRADS teacher grants pursuant to division (R)	55437
of section 3317.024 of the Revised Code; an amount shall be	55438
available in each year of the biennium to make payments to school	55439
districts pursuant to division (A)(2) of section 3317.022 of the	55440
Revised Code; an amount shall be available in fiscal year 2003 to	55441
make payments to school districts pursuant to division (F) of	55442
section 3317.022 of the Revised Code; an amount shall be available	55443
in fiscal year 2002 to make payments to school districts pursuant	55444
to division (C) of section 3317.0212 of the Revised Code; and up	55445
to $15,000,000 in each year of the biennium shall be reserved for	55446
payments pursuant to sections 3317.026, 3317.027, and 3317.028 of	55447
the Revised Code except that the Controlling Board may increase	55448
the $15,000,000 amount if presented with such a request from the	55449
Department of Education. Of the foregoing appropriation item	55450
200-501, Base Cost Funding, up to $14,000,000 in fiscal year 2002	55451
and up to $23,000,000 in fiscal year 2003 shall be used to provide	55452
additional state aid to school districts for special education	55453
students pursuant to division (C)(5) of section 3317.022 of the	55454
Revised Code; up to $2,000,000 in each year of the biennium shall	55455
be reserved for Youth Services tuition payments pursuant to	55456
section 3317.024 of the Revised Code; and up to $52,000,000 in	55457
each fiscal year shall be reserved to fund the state reimbursement	55458
of educational service centers pursuant to section 3317.11 of the	55459
Revised Code.	55460

Of the foregoing appropriation item 200-501, Base Cost	55461
Funding, up to $1,000,000 in each fiscal year shall be used by the	55462
Department of Education for a pilot program to pay for educational	55463
services for youth who have been assigned by a juvenile court or	55464
other authorized agency to any of the facilities described in	55465
division (A) of the section titled "Private Treatment Facility	55466
Pilot Project."	55467

The remaining portion of appropriation item 200-501, Base	55468
Cost Funding, shall be expended for the public schools of city,	55469
local, exempted village, and joint vocational school districts,	55470
including base cost funding, special education weight funding,	55471
special education speech service enhancement funding,	55472
career-technical education weight funding, career-technical	55473
education associated service funding, guarantee funding, and	55474
teacher training and experience funding pursuant to sections	55475
3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised Code.	55476

Appropriation items 200-500, School Finance Equity, 200-501,	55477
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	55478
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	55479
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	55480
than specific set-asides, are collectively used to pay state	55481
formula aid obligations for school districts and joint vocational	55482
school districts pursuant to Chapter 3317. of the Revised Code.	55483
The first priority of these appropriation items, with the	55484
exception of specific set-asides, is to fund state formula aid	55485
obligations under Chapter 3317. of the Revised Code. It may be	55486
necessary to reallocate funds among these appropriation items in	55487
order to meet state formula aid obligations. If it is determined	55488
that it is necessary to transfer funds among these appropriation	55489
items to meet state formula aid obligations, the Department of	55490
Education shall seek approval from the Controlling Board to	55491
transfer funds among these appropriation items.	55492

Section 44.11. SUPPLEMENTAL PAYMENT

55493

Upon the recommendation of the Superintendent of Public	55494
Instruction, and subject to the approval of the Controlling Board,	55495
the Department of Education shall pay a school district in fiscal	55496
year 2002 an amount not greater than the difference between the	55497
following:	55498

(A) The cost of increasing teachers' salaries above the	55499
district's salary schedule to comply with division (C) of section	55500
3317.13 of the Revised Code as amended by this act, multiplied by	55501
one hundred fourteen per cent;	55502

(B) The district's increases in state funds for fiscal year	55503
2002.	55504

The increases in state funds for fiscal year 2002 shall be	55505
calculated by determining additional state funds received for	55506
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029,	55507
3317.0212, and 3317.053 and division (P) of section 3317.024 of	55508
the Revised Code and uncodified sections of this act, above the	55509
amount of state funds the district received for fiscal year 2001	55510
under sections 3317.022, 3317.023, 3317.029, 3317.0212, and	55511
3317.162 and division (P) of section 3317.024 of the Revised Code	55512
and uncodified sections of Am. Sub. H.B. 282 of the 123rd General	55513
Assembly.	55514

The Department shall determine application procedures and a	55515
schedule for applications and payments under this section, which	55516
shall be subject to the approval of the Controlling Board. The	55517
Department may pay one-half of an estimated amount of a district's	55518
payment under this section during the first half of fiscal year	55519
2002, and the remainder of the actual calculated amount during the	55520
second half of the fiscal year. Subject to the approval of the	55521
Controlling Board, the amount of any overpayments under this	55522
section shall be deducted from payments made to the school	55523
district under Chapter 3317. of the Revised Code for the remainder	55524
of the fiscal year.	55525

Section 44.12. PUPIL TRANSPORTATION

55526

Of the foregoing appropriation item 200-502, Pupil	55527
Transportation, up to $800,000 in fiscal year 2002 and up to	55528
$822,400 in fiscal year 2003 may be used by the Department of	55529
Education for training prospective and experienced school bus	55530
drivers in accordance with training programs prescribed by the	55531
department; an amount shall be available in each year of the	55532
biennium to be used for special education transportation	55533
reimbursements. The reimbursement rate in each year shall be	55534
based on the rate defined in division (D) of section 3317.022 of	55535
the Revised Code. The remainder of appropriation item 200-502,	55536
Pupil Transportation, shall be used for the state reimbursement of	55537
public school districts' costs in transporting pupils to and from	55538
the school they attend in accordance with the district's policy,	55539
State Board of Education standards, and the Revised Code.	55540

BUS PURCHASE ALLOWANCE

55541

The foregoing appropriation item 200-503, Bus Purchase	55542
Allowance, shall be distributed to school districts and	55543
educational service centers pursuant to rules adopted under	55544
section 3317.07 of the Revised Code. Up to 25 per cent of the	55545
amount appropriated may be used to reimburse school districts and	55546
educational service centers for the purchase of buses to transport	55547
handicapped and nonpublic school students.	55548

SCHOOL LUNCH

55549

The foregoing appropriation item 200-505, School Lunch Match,	55550
shall be used to provide matching funds to obtain federal funds	55551
for the school lunch program.	55552

Section 44.13. ADULT LITERACY EDUCATION

55553

The foregoing appropriation item 200-509, Adult Literacy	55554
Education, shall be used to support adult basic and literacy	55555
education instructional programs and the State Literacy Resource	55556
Center Program.	55557

Of the foregoing appropriation item 200-509, Adult Literacy	55558
Education, up to $543,150 in fiscal year 2002 and up to $554,013	55559
in fiscal year 2003 shall be used for the support and operation of	55560
the State Literacy Resource Center.	55561

The remainder shall be used to continue to satisfy the state	55562
match and maintenance of effort requirements for the support and	55563
operation of the Department of Education-administered	55564
instructional grant program for adult basic and literacy education	55565
in accordance with the department's state plan for adult basic and	55566
literacy education as approved by the State Board of Education and	55567
the Secretary of the United States Department of Education.	55568

AUXILIARY SERVICES

55569

The foregoing appropriation item 200-511, Auxiliary Services,	55570
shall be used by the State Board of Education for the purpose of	55571
implementing section 3317.06 of the Revised Code. Of the	55572
appropriation, up to $1,250,000 in fiscal year 2002 and up to	55573
$1,500,000 in fiscal year 2003 may be used for payment of the	55574
Post-Secondary Enrollment Options Program for nonpublic students	55575
pursuant to section 3365.10 of the Revised Code.	55576

STUDENT INTERVENTION SERVICES

55577

The foregoing appropriation item 200-513, Student	55578
Intervention Services, shall be used to assist districts providing	55579
the intervention services specified in section 3313.608 of the	55580
Revised Code. The Department of Education shall establish	55581
guidelines for the use and distribution of these moneys. School	55582
districts receiving funds from this appropriation shall report to	55583
the Department of Education on how funds were used.	55584

No later than July 15, 2002, the Director of Budget and	55585
Management shall transfer $35,000,000 from Fund 3W6, TANF	55586
Education, to the General Revenue Fund. The transferred funds are	55587
appropriated for the appropriation item 200-513, Student	55588
Intervention Services. The foregoing appropriation item 200-513,	55589
Student Intervention Services, includes transferred funds of	55590
$35,000,000 in fiscal year 2003.	55591

The Department of Education shall comply with all TANF	55592
requirements, including reporting requirements and timelines, as	55593
specified in state and federal laws, federal regulations, state	55594
rules, and the Title IV-A state plan, and is responsible for	55595
payment of any adverse audit finding, final disallowance of	55596
federal financial participation, or other sanction or penalty	55597
issued by the federal government or other entity concerning these	55598
funds.	55599

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

55600

The foregoing appropriation item 200-514,	55601
Post-Secondary/Adult Career-Technical Education, shall be used by	55602
the State Board of Education to provide post-secondary/adult	55603
career-technical education under sections 3313.52 and 3313.53 of	55604
the Revised Code.	55605

Of the foregoing appropriation item 200-514,	55606
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	55607
each fiscal year shall be allocated for the Ohio Career	55608
Information System (OCIS) and used for the dissemination of career	55609
information data to public schools, libraries, rehabilitation	55610
centers, two- and four-year colleges and universities, and other	55611
governmental units.	55612

Of the foregoing appropriation item 200-514,	55613
Post-Secondary/Adult Career-Technical Education, up to $40,000 in	55614
each fiscal year shall be used for the statewide coordination of	55615
the activities of the Ohio Young Farmers.	55616

DISADVANTAGED PUPIL IMPACT AID

55617

The foregoing appropriation item 200-520, Disadvantaged Pupil	55618
Impact Aid, shall be distributed to school districts according to	55619
section 3317.029 of the Revised Code. However, no money shall be	55620
distributed for all-day kindergarten to any school district whose	55621
three-year average formula ADM exceeds 17,500 but whose DPIA index	55622
is not at least equal to 1.00 in each fiscal year, unless the	55623
Department of Education certifies that sufficient funds exist in	55624
this appropriation to make all other payments required by section	55625
3317.029 of the Revised Code.	55626

The Department of Education shall pay all-day, everyday	55627
kindergarten funding to all school districts in fiscal year 2002	55628
and fiscal year 2003 that qualified for and provided the service	55629
in a preceding fiscal year pursuant to section 3317.029 of the	55630
Revised Code, regardless of changes to such districts' DPIA	55631
indexes in fiscal year 2002 and fiscal year 2003.	55632

The Department of Education shall pay to community schools an	55633
amount for all-day kindergarten if the school district in which	55634
the student is entitled to attend school is eligible but does not	55635
receive a payment for all-day kindergarten, pursuant to division	55636
(B) of section 3314.13 of the Revised Code, and the student is	55637
reported by the community school as enrolled in all-day	55638
kindergarten at the community school.	55639

Of the foregoing appropriation item 200-520, Disadvantaged	55640
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	55641
$3,300,000 in fiscal year 2003 shall be used for school breakfast	55642
programs. Of these amounts, up to $500,000 shall be used each	55643
year by the Department of Education to provide start-up grants to	55644
rural school districts and to school districts with less than	55645
1,500 ADM that start school breakfast programs. The remainder of	55646
the appropriation shall be used to: (1) partially reimburse	55647
school buildings within school districts that are required to have	55648
a school breakfast program pursuant to section 3313.813 of the	55649
Revised Code, at a rate decided by the department, for each	55650
breakfast served to any pupil enrolled in the district; (2)	55651
partially reimburse districts participating in the National School	55652
Lunch Program that have at least 20 per cent of students who are	55653
eligible for free and reduced meals according to federal	55654
standards, at a rate decided by the department; and (3) to	55655
partially reimburse districts participating in the National School	55656
Lunch Program for breakfast served to children eligible for free	55657
and reduced meals enrolled in the district, at a rate decided by	55658
the department.	55659

Of the portion of the funds distributed to the Cleveland City	55660
School District under section 3317.029 of the Revised Code	55661
calculated under division (F)(2) of that section, up to	55662
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	55663
year 2003 shall be used to operate the pilot school choice program	55664
in the Cleveland City School District pursuant to sections	55665
3313.974 to 3313.979 of the Revised Code.	55666

Of the foregoing appropriation item 200-520, Disadvantaged	55667
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	55668
support dropout recovery programs administered by the Department	55669
of Education, Jobs for Ohio's Graduates Program.	55670

Section 44.14. GIFTED PUPIL PROGRAM

55671

The foregoing appropriation item 200-521, Gifted Pupil	55672
Program, shall be used for gifted education units not to exceed	55673
1,050 in fiscal year 2002 and 1,100 in fiscal year 2003 pursuant	55674
to division (P) of section 3317.024 and division (F) of section	55675
3317.05 of the Revised Code.	55676

Of the foregoing appropriation item 200-521, Gifted Pupil	55677
Program, up to $5,000,000 in each fiscal year of the biennium may	55678
be used as an additional supplement for identifying gifted	55679
students pursuant to Chapter 3324. of the Revised Code.	55680

Of the foregoing appropriation item 200-521, Gifted Pupil	55681
Program, the Department of Education may expend up to $1,000,000	55682
each year for the Summer Honors Institute for gifted freshman and	55683
sophomore high school students. Up to $600,000 in each fiscal	55684
year shall be used for research and demonstration projects. The	55685
Department of Education shall research and evaluate the	55686
effectiveness of gifted education programs in Ohio. Up to $70,000	55687
in each year shall be used for the Ohio Summer School for the	55688
Gifted (Martin Essex Program).	55689

Section 44.15. PARITY AID

55690

The foregoing appropriation item 200-525, Parity Aid, shall	55691
be distributed to school districts based on the formulas specified	55692
in section 3317.0217 of the Revised Code.	55693

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

55694

The foregoing appropriation item 200-532, Nonpublic	55695
Administrative Cost Reimbursement, shall be used by the State	55696
Board of Education for the purpose of implementing section	55697
3317.063 of the Revised Code.	55698

DESEGREGATION COSTS

55699

The foregoing appropriation item 200-534, Desegregation	55700
Costs, shall be used to pay the legal fees associated with	55701
desegregation cases brought against the state.	55702

As part of managing state desegregation costs, any board of	55703
education of a school district subject to a federal court	55704
desegregation order that requires the district board to bus	55705
students for the purpose of racial balance shall, within one year	55706
after the effective date of this section:	55707

(1) Update its plan required under Am. Sub. H.B. 298 of the	55708
119th General Assembly designed to satisfy the court so as to	55709
obtain release from the court's desegregation order; and	55710

(2) Submit an updated copy of the plan to the State Board of	55711
Education.	55712

Upon request of the district board, the State Board shall provide	55713
technical assistance to the school district board in developing a	55714
plan.	55715

Within ninety days after the date on which the plan is	55716
submitted to the State Board of Education, the district board, or	55717
the district board and the State Board of Education jointly if	55718
both are parties to the desegregation case, shall submit the plan	55719
to the court and apply for release from the court's desegregation	55720
order.	55721

Section 44.16. SPECIAL EDUCATION ENHANCEMENTS	55722

Of the foregoing appropriation item 200-540, Special	55723
Education Enhancements, up to $45,295,000 in fiscal year 2002 and	55724
up to $47,809,750 in fiscal year 2003 shall be used to fund	55725
special education and related services at county boards of mental	55726
retardation and developmental disabilities for eligible students	55727
under section 3317.20 of the Revised Code. Up to $2,500,000 shall	55728
be used in each fiscal year to fund up to 57 special education	55729
classroom and related services units at institutions.	55730

Of the foregoing appropriation item 200-540, Special	55731
Education Enhancements, up to $3,293,959 in fiscal year 2002 and	55732
up to $3,425,717 in fiscal year 2003 shall be used for home	55733
instruction for handicapped children; up to $1,500,000 in each	55734
fiscal year shall be used for parent mentoring programs; and up to	55735
$2,744,966 in fiscal year 2002 and up to $2,854,764 in fiscal year	55736
2003 may be used for school psychology interns.	55737

Of the foregoing appropriation item 200-540, Special	55738
Education Enhancements, $3,852,160 in fiscal year 2002 and up to	55739
$4,006,246 in fiscal year 2003 shall be used by the Department of	55740
Education to assist school districts in funding aides pursuant to	55741
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative	55742
Code.	55743

Of the foregoing appropriation item 200-540, Special	55744
Education Enhancements, $78,623,506 in each fiscal year shall be	55745
distributed by the Department of Education to county boards of	55746
mental retardation and developmental disabilities, educational	55747
service centers, and school districts for preschool special	55748
education units and preschool supervisory units in accordance with	55749
section 3317.161 of the Revised Code. The department may	55750
reimburse county boards of mental retardation and developmental	55751
disabilities, educational service centers, and school districts	55752
for related services as defined in rule 3301-31-05 of the	55753
Administrative Code, for preschool occupational and physical	55754
therapy services provided by a physical therapy assistant and	55755
certified occupational therapy assistant, and for an instructional	55756
assistant. To the greatest extent possible, the Department of	55757
Education shall allocate these units to school districts and	55758
educational service centers. The Controlling Board may approve	55759
the transfer of unallocated funds from appropriation item 200-501,	55760
Base Cost Funding, to appropriation item 200-540, Special	55761
Education Enhancements, to fully fund existing units as necessary	55762
or to fully fund additional units. The Controlling Board may	55763
approve the transfer of unallocated funds from appropriation item	55764
200-540, Special Education Enhancements, to appropriation item	55765
200-501, Base Cost Funding, to fully fund the special education	55766
weight cost funding.	55767

The Department of Education shall require school districts,	55768
educational service centers, and county MR/DD boards serving	55769
preschool children with disabilities to document child progress	55770
using a common instrument prescribed by the department and report	55771
results annually. The reporting dates and methodology shall be	55772
determined by the department.	55773

The department shall adopt rules addressing the use of	55774
screening and assessment data including, but not limited to:	55775

(1) Protection of the identity of individual children	55776
through assignment of a unique, but not personally identifiable,	55777
code;	55778

(2) Parents' rights; and

55779

(3) Use of the child data by school personnel as it relates	55780
to kindergarten entrance.	55781

Of the foregoing appropriation item 200-540, Special	55782
Education Enhancements, up to $808,081 in fiscal year 2002 and up	55783
to $832,323 in fiscal year 2003 shall be allocated to provide	55784
grants to research-based reading mentoring programs for students	55785
with disabilities in kindergarten through fourth grade. Priority	55786
shall be given to mentoring programs that have been recognized by	55787
the Education Commission of the States as promising educational	55788
practices for accelerating student achievement, are easily	55789
replicated, have strong evaluative components, and have goals	55790
aligned to the Ohio Proficiency Test. Priority in awarding grants	55791
funding in this program shall be given to existing targeted	55792
programs originally funded under Am. Sub. H.B. 282 of the 123rd	55793
General Assembly and that are currently being applied in school	55794
districts. Grants awarded under this program shall be made in	55795
conjunction with the Ohio Coalition for Education of Children with	55796
Disabilities. Programs may be implemented at times deemed most	55797
appropriate. Certified staff shall administer these programs and	55798
testing of participants shall be required prior to, during, and	55799
after participation in these programs. The results of the tests	55800
shall be reported to the Governor, Superintendent of Public	55801
Instruction, and General Assembly.	55802

Of the foregoing appropriation item 200-540, Special	55803
Education Enhancements, up to $86,000 in each fiscal year shall be	55804
used to conduct a collaborative pilot program to provide	55805
educational services and develop best educational practices for	55806
autistic children. The pilot program shall include, but not be	55807
limited to, the involvement of the Wood County Board of Mental	55808
Retardation and Developmental Disabilities, Wood County	55809
Educational Services Center, Children's Resource Center of Wood	55810
County, and the Family and Children First Council of Wood County.	55811

Of the foregoing appropriation item 200-540, Special	55812
Education Enhancements, up to $303,030 in fiscal year 2002 and up	55813
to $312,121 in fiscal year 2003 shall be expended to conduct a	55814
demonstration project involving language and literacy intervention	55815
teams supporting student acquisition of language and literacy	55816
skills. The demonstration project shall demonstrate improvement	55817
of language and literacy skills of at-risk learners under the	55818
instruction of certified speech language pathologists and	55819
educators. Baseline data shall be collected and comparison data	55820
for fiscal year 2002 and fiscal year 2003 shall be collected and	55821
reported to the Governor, OhioReads Council, Department of	55822
Education, and the General Assembly.	55823

Section 44.17. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

55824

Of the foregoing appropriation item 200-545, Career-Technical	55825
Education Enhancements, up to $2,616,001 in each fiscal year shall	55826
be used to fund career-technical education units at institutions.	55827
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in	55828
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates	55829
(JOG) program.	55830

Of the foregoing appropriation item 200-545, Career-Technical	55831
Education Enhancements, up to $4,182,573 in fiscal year 2002 and	55832
up to $4,432,573 in fiscal year 2003 shall be used by the	55833
Department of Education to fund competitive grants to tech prep	55834
consortia that expand the number of students enrolled in tech prep	55835
programs. These grant funds shall be used to directly support	55836
expanded tech prep programs, including equipment, provided to	55837
students enrolled in school districts, including joint vocational	55838
school districts, and affiliated higher education institutions.	55839

If federal funds for career-technical education cannot be	55840
used for local school district leadership without being matched by	55841
state funds, then an amount as determined by the Superintendent of	55842
Public Instruction shall be made available from state funds	55843
appropriated for career-technical education. If any state funds	55844
are used for this purpose, federal funds in an equal amount shall	55845
be distributed for career-technical education in accordance with	55846
authorization of the state plan for vocational education for Ohio	55847
as approved by the Secretary of the United States Department of	55848
Education.	55849

Of the foregoing appropriation item 200-545, Career-Technical	55850
Education Enhancements, $3,000,000 in fiscal year 2002 and	55851
$3,250,000 in fiscal year 2003 shall be used to provide an amount	55852
to each eligible school district for the replacement or updating	55853
of equipment essential for the instruction of students in job	55854
skills taught as part of a career-technical program or programs	55855
approved for such instruction by the State Board of Education.	55856
School districts replacing or updating career-technical education	55857
equipment may purchase or lease such equipment. The Department of	55858
Education shall review and approve all equipment requests and may	55859
allot appropriated funds to eligible school districts on the basis	55860
of the number of full-time equivalent workforce development	55861
teachers in all eligible districts making application for funds.	55862

The State Board of Education may adopt standards of need for	55863
equipment allocation. Pursuant to the adoption of any such	55864
standards of need by the State Board of Education, appropriated	55865
funds may be allotted to eligible districts according to such	55866
standards. Equipment funds allotted under either process shall be	55867
provided to a school district on a 30, 40, or 50 per cent of cost	55868
on the basis of a district career-technical priority index rating	55869
developed by the Department of Education for all districts each	55870
year. The career-technical priority index shall give preference	55871
to districts with a large percentage of disadvantaged students and	55872
shall include other socio-economic factors as determined by the	55873
State Board of Education.	55874

Of the foregoing appropriation item 200-545, Career-Technical	55875
Education Enhancements, up to $3,650,000 in each fiscal year shall	55876
be awarded by the Superintendent of Public Instruction to an Ohio	55877
nonprofit corporation to support existing High Schools That Work	55878
(HSTW) sites, develop new sites, fund technical assistance, and	55879
support regional centers and middle school programs. The purpose	55880
of HSTW is to combine challenging academic courses and modern	55881
vocational and technical studies to raise the academic achievement	55882
of students. It provides intensive technical assistance, focused	55883
staff development, targeted assessment services, and ongoing	55884
communications and networking opportunities. Any grant awarded	55885
under this program by the Superintendent of Public Instruction	55886
shall require a matching contribution of at least $1,000,000 from	55887
the Ohio nonprofit corporation.	55888

Of the foregoing appropriation item 200-545, Career-Technical	55889
Education Enhancements, $3,750,000 in fiscal year 2002 and	55890
$4,000,000 in fiscal year 2003 shall be used for K-12 career	55891
development.	55892

Of the foregoing appropriation item 200-545, Career-Technical	55893
Educational Enhancements, $250,000 in each fiscal year shall be	55894
used by the Department of Education to establish the Voc-Ag 5th	55895
Quarter Pilot Project. The project shall enable students in	55896
agricultural programs to enroll in a fifth quarter of instruction.	55897
The fifth quarter concept is based on the long-standing and	55898
successful agricultural education model of delivering work-based	55899
learning through supervised agricultural experience. The	55900
Department of Education shall establish rules governing	55901
eligibility criteria and the reporting process for the project	55902
that must include the following: (1) a school is required to hire	55903
a certified teacher for the fifth quarter, (2) a school must have	55904
a curriculum for the fifth quarter that is approved by the	55905
Department of Education, (3) students must earn credit for the	55906
agricultural experience, (4) the program must be approved by the	55907
school district's superintendent, and (5) the program must be in	55908
existence on the effective date of this section. The Department	55909
of Education shall fund as many programs as possible given the	55910
$250,000 set aside. The Department of Education shall report	55911
students' performance results under the project to the General	55912
Assembly not later than December 31, 2002.	55913

Of the foregoing appropriation item 200-545, Career-Technical	55914
Educational Enhancements, $25,000 in each fiscal year shall be	55915
used for the Virtual Simulations in Manufacturing Program.	55916

Section 44.18. CHARGE-OFF SUPPLEMENT

55917

The foregoing appropriation item 200-546, Charge-Off	55918
Supplement, shall be used by the Department of Education to make	55919
payments pursuant to section 3317.0216 of the Revised Code.	55920

COUNTY MR/DD BOARDS - VEHICLE PURCHASES

55921

The foregoing appropriation item 200-552, County MR/DD Boards	55922
Vehicle Purchases, shall be used to provide financial assistance	55923
to MR/DD boards for the purchase of vehicles as permitted in	55924
section 3317.07 of the Revised Code.	55925

COUNTY MR/DD BOARDS - TRANSPORTATION

55926

The foregoing appropriation item 200-553, County MR/DD Boards	55927
Transportation Operating, shall be used to provide financial	55928
assistance for transportation operating costs as provided in	55929
division (M) of section 3317.024 of the Revised Code.	55930

EMERGENCY LOAN INTEREST SUBSIDY

55931

The foregoing appropriation item 200-558, Emergency Loan	55932
Interest Subsidy, shall be used to provide a subsidy to school	55933
districts receiving emergency school loans pursuant to section	55934
3313.484 of the Revised Code. The subsidy shall be used to pay	55935
these districts the difference between the amount of interest the	55936
district is paying on an emergency loan, and the interest that the	55937
district would have paid if the interest rate on the loan had been	55938
two per cent.	55939

Section 44.19. OHIOREADS GRANTS

55940

Of the foregoing appropriation item 200-566, OhioReads	55941
Grants, $21,898,000 each year shall be disbursed by the OhioReads	55942
Office in the Department of Education at the direction of the	55943
OhioReads Council to provide classroom grants to public schools in	55944
city, local, and exempted village school districts; community	55945
schools; and educational service centers serving kindergarten	55946
through fourth grade students, except that the Department of	55947
Education may use these funds to support the STARS program	55948
previously operated by the Department of Aging.	55949

Of the foregoing appropriation item 200-566, OhioReads	55950
Grants, $5,000,000 each year shall be disbursed by the OhioReads	55951
Office in the Department of Education at the direction of the	55952
OhioReads Council to provide community matching grants to	55953
community organizations and associations, libraries, and others	55954
for tutoring, tutor recruitment and training, and parental	55955
involvement.	55956

Of the foregoing appropriation item 200-566, OhioReads	55957
Grants, $250,000 in each fiscal year shall be allocated to provide	55958
grants to research-based reading mentoring programs for students	55959
with disabilities in kindergarten through fourth grade. Priority	55960
shall be given to mentoring programs that have been recognized by	55961
the Education Commission of the States as promising educational	55962
practices for accelerating student achievement, are easily	55963
replicated, have strong evaluative components, and have goals	55964
aligned to the Ohio proficiency tests. Programs may be	55965
implemented at times deemed most appropriate but at least one	55966
program shall be created for and applied in an urban school	55967
district. The awarding of these grants shall be made in	55968
conjunction with the Ohio Coalition for Education of Children with	55969
Disabilities. Certified staff shall administer these programs and	55970
testing of participants shall be required prior to, during, and	55971
after participation in these programs. The results of the tests	55972
shall be reported to the Governor, Superintendent of Public	55973
Instruction, the General Assembly, and the OhioReads Council.	55974

Grants awarded by the OhioReads Council are intended to	55975
improve reading outcomes, especially on the fourth grade reading	55976
proficiency test.	55977

SCHOOL IMPROVEMENT INCENTIVE GRANTS

55978

Of the foregoing appropriation item 200-570, School	55979
Improvement Incentive Grants, up to $750,000 shall be used to	55980
provide grants of up to $50,000 each to educational best practices	55981
award winners selected for superior performance by BEST, Building	55982
Excellent Schools for Today and the 21st Century.	55983

Any grants awarded from the foregoing appropriation item	55984
200-570, School Improvement Incentive Grants, shall be awarded to	55985
individual school buildings, educational service centers, or joint	55986
vocational school districts, as appropriate. Grant awards shall	55987
be expended for staff development, classroom equipment, materials,	55988
and books. The principal or administrator of each grantee shall	55989
decide how best to use the grant award, with input from staff	55990
members, consistent with the budget and grant award for the grant.	55991

Of the foregoing appropriation item 200-570, School	55992
Improvement Incentive Grants, $100,000 in each fiscal year shall	55993
be used to support the Bellefaire Jewish Children's Bureau.	55994

Of the foregoing appropriation item 200-570, School	55995
Improvement Incentive Grants, $50,000 in each fiscal year shall be	55996
used to support the Cleveland School of Art.	55997

Of the foregoing appropriation item 200-570, School	55998
Improvement Incentive Grants, $50,000 in each fiscal year shall be	55999
used to support the Tuscarawas County Educational Service Center.	56000

Of the foregoing appropriation item 200-570, School	56001
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56002
used to support LEAF.	56003

Of the foregoing appropriation item 200-570, School	56004
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56005
used to support the Toledo Tech Academy.	56006

Of the foregoing appropriation item 200-570, School	56007
Improvement Incentive Grants, $150,000 in fiscal year 2002 and	56008
$300,000 in fiscal year 2003 shall be used to support the COSI	56009
Education Project.	56010

Of the foregoing appropriation item 200-570, School	56011
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56012
used to support the Magellan Program.	56013

Of the foregoing appropriation item 200-570, School	56014
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56015
used to support I Know I Can Columbus.	56016

Of the foregoing appropriation item 200-570, School	56017
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56018
used to support the Clerity Program.	56019

Of the foregoing appropriation item 200-570, School	56020
Improvement Incentive Grants, $12,500 in each fiscal year shall be	56021
used to support the Strongsville Youth Council.	56022

Of the foregoing appropriation item 200-570, School	56023
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56024
used to support the Lorain County Access Program.	56025

Of the foregoing appropriation item 200-570, School	56026
Improvement Incentive Grants, $100,000 in each fiscal year shall	56027
be used to support the Summit County Education Initiative.	56028

Of the foregoing appropriation item 200-570, School	56029
Improvement Incentive Grants, $80,000 in each fiscal year shall be	56030
used to support the Cleveland Language Project.	56031

Of the foregoing appropriation item 200-570, School	56032
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56033
used to support the Columbus Language Project.	56034

Of the foregoing appropriation item 200-570, School	56035
Improvement Incentive Grants, $30,000 in each fiscal year shall be	56036
used to support the Cincinnati Language Project.	56037

Of the foregoing appropriation item 200-570, School	56038
Improvement Incentive Grants, $15,000 in each fiscal year shall be	56039
used to support the Dayton Language Project.	56040

CHARACTER EDUCATION

56041

The foregoing appropriation item 200-573, Character	56042
Education, shall be used by the Department of Education to provide	56043
matching grants of up to $50,000 each to school districts to	56044
develop pilot character education programs.	56045

SUBSTANCE ABUSE PREVENTION

56046

Of the foregoing appropriation item 200-574, Substance Abuse	56047
Prevention, up to $1,660,200 in each fiscal year shall be used for	56048
the Safe and Drug Free Schools Coordinators Program. Of the	56049
foregoing appropriation item 200-574, Substance Abuse Prevention,	56050
up to $288,000 in each fiscal year of the biennium shall be used	56051
for the Substance Abuse Prevention Student Assistance Program. The	56052
Department of Education and the Department of Alcohol and Drug	56053
Addiction Services shall jointly develop and approve a plan for	56054
the expenditure of these funds including, but not limited to, the	56055
development of position descriptions and training specifications	56056
for safe and drug free schools coordinators. Safe and drug free	56057
schools coordinators shall possess or be in the process of	56058
obtaining credentials issued by the Ohio Credentialing Board for	56059
Chemical Dependency Professionals or other credentials recognized	56060
by that board.	56061

BETHEL SCHOOL CLEANUP

56062

The foregoing appropriation item 200-580, Bethel School	56063
Cleanup, shall be used for the Bethel Local School District in	56064
Miami County. The moneys shall be used to purchase water for the	56065
school and four adjacent households, for expenses incurred by	56066
Bethel Local School District for well-monitoring activities and	56067
water-system conversions, and for expenses incurred by the Ohio	56068
Environmental Protection Agency as the Agency continues to monitor	56069
activities associated with the Bethel Local School District water	56070
supply.	56071

AUXILIARY SERVICES MOBILE REPAIR

56072

Notwithstanding section 3317.064 of the Revised Code, if the	56073
unobligated cash balance is sufficient, the Treasurer of State	56074
shall transfer $1,500,000 in fiscal year 2002 within thirty days	56075
after the effective date of this section and $1,500,000 in fiscal	56076
year 2003 by August 1, 2002, from the Auxiliary Services Personnel	56077
Unemployment Compensation Fund to the Department of Education's	56078
Auxiliary Services Mobile Repair Fund (Fund 598).	56079

Section 44.20. LOTTERY PROFITS EDUCATION FUND

56080

Appropriation item 200-612, Base Cost Funding (Fund 017),	56081
shall be used in conjunction with appropriation item 200-501, Base	56082
Cost Funding (GRF), to provide payments to school districts	56083
pursuant to Chapter 3317. of the Revised Code.	56084

Of the foregoing appropriation item 200-612, Base Cost	56085
Funding (Fund 017), $25,000,000 in each fiscal year shall be used	56086
from the funds transferred from the Unclaimed Prizes Trust Fund	56087
pursuant to the section entitled "Transfers from the Unclaimed	56088
Prizes Fund" of this act.	56089

The Department of Education, with the approval of the	56090
Director of Budget and Management, shall determine the monthly	56091
distribution schedules of appropriation item 200-501, Base Cost	56092
Funding (GRF), and appropriation item 200-612, Base Cost Funding	56093
(Fund 017). If adjustments to the monthly distribution schedule	56094
are necessary, the Department of Education shall make such	56095
adjustments with the approval of the Director of Budget and	56096
Management.	56097

The Director of Budget and Management shall transfer via	56098
intrastate transfer voucher the amount appropriated under the	56099
Lottery Profits Education Fund for appropriation item 200-682,	56100
Lease Rental Payment Reimbursement, to the General Revenue Fund on	56101
a schedule determined by the director. These funds shall support	56102
the appropriation item 230-428, Lease Rental Payments (GRF), of	56103
the School Facilities Commission.	56104

LOTTERY PROFITS TRANSFERS*

56105

On the fifteenth day of May of each fiscal year, the Director	56106
of Budget and Management shall determine if lottery profits	56107
transfers will meet the appropriation amounts from the Lottery	56108
Profits Education Fund.	56109

On or after the date specified in each fiscal year, if the	56110
director determines that lottery profits will not meet	56111
appropriations and if other funds are not available to meet the	56112
shortfall, the Superintendent of Public Instruction shall take the	56113
actions specified under the "Reallocation of Funds" section of	56114
this act.	56115

TRANSFERS FROM THE UNCLAIMED PRIZES FUND

56116

By the fifteenth day of January of fiscal year 2002 and	56117
fiscal year 2003, the Director of Budget and Management shall	56118
transfer $25,000,000 from the State Lottery Commission's Unclaimed	56119
Prizes Fund to the Lottery Profits Education Fund, to be used	56120
solely for purposes specified in the Department of Education's	56121
budget. Transfers of unclaimed prizes under this provision shall	56122
not count as lottery profits in the determination made concerning	56123
excess profits titled "Lottery Profits" under the Department of	56124
Education in this act.	56125

TEACHER CERTIFICATION AND LICENSURE

56126

The foregoing appropriation item 200-681, Teacher	56127
Certification and Licensure, shall be used by the Department of	56128
Education in each year of the biennium to administer teacher	56129
certification and licensure functions pursuant to sections	56130
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	56131
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	56132
3319.51 of the Revised Code.	56133

Section 44.21. LOTTERY PROFITS

56134

(A) There is hereby created the Lottery Profits Education	56135
Reserve Fund (Fund 018) in the State Treasury. At no time shall	56136
the amount to the credit of the fund exceed $75,000,000.	56137
Investment earnings of the Lottery Profits Education Reserve Fund	56138
shall be credited to the fund. Notwithstanding any provisions of	56139
law to the contrary, for fiscal years 2002 and 2003, there is	56140
appropriated to the Department of Education, from the Lottery	56141
Profits Education Reserve Fund, an amount necessary to make loans	56142
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	56143
Revised Code. All loan repayments from loans made in fiscal years	56144
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	56145
deposited into the credit of the Lottery Profits Education Reserve	56146
Fund.	56147

(B)(1) On or before July 15, 2001, the Director of Budget	56148
and Management shall determine the amount by which lottery profit	56149
transfers received by the Lottery Profits Education Fund for	56150
fiscal year 2001 exceed $665,200,000. The amount so certified	56151
shall be distributed in fiscal year 2002 pursuant to divisions (C)	56152
and (D) of this section.	56153

(2) On or before July 15, 2002, the Director of Budget and	56154
Management shall determine the amount by which lottery profit	56155
transfers received by the Lottery Profits Education Fund for	56156
fiscal year 2002 exceed $608,722,100. The amount so determined	56157
shall be distributed in fiscal year 2003 pursuant to divisions (E)	56158
and (F) of this section.	56159

The Director of Budget and Management shall annually certify	56160
the amounts determined pursuant to this section to the Speaker of	56161
the House of Representatives and the President of the Senate.	56162

(C) Not later than June 15, 2002, the Department of	56163
Education, in consultation with the Director of Budget and	56164
Management, shall determine, based upon estimates, if a	56165
reallocation of funds as described in the section of this act	56166
titled "Reallocation of Funds" is required.	56167

If a reallocation of funds is required, then the	56168
Superintendent of Public Instruction shall request Controlling	56169
Board approval for a release of any balances in the Lottery	56170
Profits Education Fund available for the purpose of this division	56171
and pursuant to divisions (C)(1) and (2) of the section of this	56172
act titled "Reallocation of Funds." Any moneys so released are	56173
appropriated.	56174

(D) In fiscal year 2002, if the Department of Education does	56175
not determine that a reallocation of funds is necessary by the	56176
fifteenth day of June, as provided in division (C) of this	56177
section, or if there is a balance in the Lottery Profits Education	56178
Fund after the release of any amount needed to preclude a	56179
reallocation of funds as provided in division (C) of this section,	56180
the moneys in the Lottery Profits Education Fund shall be	56181
allocated as provided in this division. Any amounts so allocated	56182
are appropriated.	56183

An amount equal to five per cent of the estimated lottery	56184
profits of $665,200,000 in fiscal year 2001 or the amount	56185
remaining in the fund, whichever is the lesser amount, shall be	56186
transferred to the Lottery Profits Education Reserve Fund within	56187
the limitations specified in division (A) of this section and be	56188
reserved and shall not be available for allocation or distribution	56189
during fiscal year 2002. Any amounts exceeding $75,000,000 shall	56190
be distributed pursuant to division (G) of this section.	56191

(E) Not later than June 15, 2003, the Department of	56192
Education, in consultation with the Director of Budget and	56193
Management, shall determine, based upon estimates, if a	56194
reallocation of funds as described in the section of this act	56195
titled "Reallocation of Funds" is required.	56196

If a reallocation of funds is required, then the	56197
Superintendent of Public Instruction shall request Controlling	56198
Board approval for a release of any balances in the Lottery	56199
Profits Education Fund available for the purpose of this division	56200
and pursuant to divisions (C)(1) and (2) of the section of this	56201
act titled "Reallocation of Funds." Any moneys so released are	56202
appropriated.	56203

(F) In fiscal year 2003, if the Department of Education does	56204
not determine that a reallocation of funds is necessary by the	56205
fifteenth day of June, as provided in division (E) of this	56206
section, or if there is a balance in the Lottery Profits Education	56207
Fund after the release of any amount needed to preclude a	56208
reallocation of funds as provided in division (E) of this section,	56209
the moneys in the Lottery Profits Education Fund shall be	56210
allocated as provided in this division. Any amounts so allocated	56211
are appropriated.	56212

An amount equal to five per cent of the estimated lottery	56213
profits transfers of $608,722,100 in fiscal year 2002 or the	56214
amount remaining in the fund, whichever is the lesser amount,	56215
shall be transferred to the Lottery Profits Education Reserve Fund	56216
within the limitations specified in division (A) of this section	56217
and be reserved and shall not be available for allocation or	56218
distribution during fiscal year 2003. Any amounts exceeding	56219
$75,000,000 shall be distributed pursuant to division (G) of this	56220
section.	56221

(G) In the appropriate fiscal year, any remaining amounts	56222
after the operations required by division (D) or (F) of this	56223
section, respectively, shall be transferred to the Public School	56224
Building Fund (Fund 021) and such amount is appropriated to	56225
appropriation item CAP-622, Public School Buildings, in the School	56226
Facilities Commission.	56227

Section 44.22. PROPERTY TAX ALLOCATION	56228

The Superintendent of Public Instruction shall not request,	56229
and the Controlling Board shall not approve, the transfer of funds	56230
from appropriation item 200-901, Property Tax	56231
Allocation-Education, to any other appropriation item.	56232

SCHOOL DISTRICT SOLVENCY ASSISTANCE

56233

Of the foregoing appropriation item 200-687, School District	56234
Solvency Assistance, $12,000,000 in each fiscal year shall be	56235
allocated to the School District Shared Resource Account and	56236
$12,000,000 in each fiscal year shall be allocated to the	56237
Catastrophic Expenditures Account. These funds shall be used to	56238
provide assistance and grants to school districts to enable them	56239
to remain solvent pursuant to section 3316.20 of the Revised Code.	56240
Assistance and grants shall be subject to approval by the	56241
Controlling Board. Any required reimbursements from school	56242
districts for solvency assistance shall be made to the appropriate	56243
account in the School District Solvency Assistance Fund.	56244

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

56245

The foregoing appropriation item 200-900, School District	56246
Property Tax Replacement, shall be used by the Department of	56247
Education, in consultation with the Department of Taxation, to	56248
make payments to school districts and joint vocational school	56249
districts pursuant to section 5727.85 of the Revised Code.	56250

Section 44.23. PROPERTY TAX ALLOCATION - EDUCATION

56251

The appropriation item 200-901, Property Tax Allocation -	56252
Education, is appropriated to pay for the state's costs incurred	56253
due to the homestead exemption and the property tax rollback. In	56254
cooperation with the Department of Taxation, the Department of	56255
Education shall distribute these funds directly to the appropriate	56256
school districts of the state, notwithstanding sections 321.24 and	56257
323.156 of the Revised Code, which provide for payment of the	56258
homestead exemption and property tax rollback by the Tax	56259
Commissioner to the appropriate county treasurer and the	56260
subsequent redistribution of these funds to the appropriate local	56261
taxing districts by the county auditor.	56262

Appropriation item 200-906, Tangible Tax Exemption -	56263
Education is appropriated to pay for the state's costs incurred	56264
due to the tangible personal property tax exemption required by	56265
division (C)(3) of section 5709.01 of the Revised Code. In	56266
cooperation with the Department of Taxation, the Department of	56267
Education shall distribute to each county treasurer the total	56268
amount certified by the county treasurer pursuant to section	56269
319.311 of the Revised Code, for all school districts located in	56270
the county, notwithstanding the provision in section 319.311 of	56271
the Revised Code which provides for payment of the $10,000	56272
tangible personal property tax exemption by the Tax Commissioner	56273
to the appropriate county treasurer for all local taxing districts	56274
located in the county. Pursuant to division (G) of section 321.24	56275
of the Revised Code, the county auditor shall distribute the	56276
amount paid by the Department of Education among the appropriate	56277
school districts.	56278

Upon receipt of these amounts, each school district shall	56279
distribute the amount among the proper funds as if it had been	56280
paid as real or tangible personal property taxes. Payments for	56281
the costs of administration shall continue to be paid to the	56282
county treasurer and county auditor as provided for in sections	56283
319.54, 321.26, and 323.156 of the Revised Code.	56284

Any sums, in addition to the amounts specifically	56285
appropriated in appropriation items 200-901, Property Tax	56286
Allocation - Education, for the homestead exemption and the	56287
property tax rollback payments, and 200-906, Tangible Tax	56288
Exemption - Education, for the $10,000 tangible personal property	56289
tax exemption payments, which are determined to be necessary for	56290
these purposes, are appropriated.	56291

Section 44.24. DISTRIBUTION FORMULAS*

56292

The Department of Education shall report the following to the	56293
Director of Budget and Management, the Legislative Office of	56294
Education Oversight, and the Legislative Service Commission:	56295

(A) Changes in formulas for distributing state	56296
appropriations, including administratively defined formula	56297
factors;	56298

(B) Discretionary changes in formulas for distributing	56299
federal appropriations;	56300

(C) Federally mandated changes in formulas for distributing	56301
federal appropriations.	56302

Any such changes shall be reported two weeks prior to the	56303
effective date of the change.	56304

Section 44.25. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	56305
PAYMENTS	56306

This section shall not take effect unless the Director of	56307
Budget and Management adopts an order putting it into effect and	56308
certifies a copy of the order to the Superintendent of Public	56309
Instruction and the Controlling Board.	56310

Notwithstanding any other provision of the Revised Code, the	56311
monthly distribution of payments made to school districts and	56312
educational service centers pursuant to section 3317.01 of the	56313
Revised Code for the first six months of each fiscal year shall	56314
equal, as nearly as possible, six and two-thirds per cent of the	56315
estimate of the amounts payable for each fiscal year. The monthly	56316
distribution of payments for the last six months of each fiscal	56317
year shall equal, as nearly as possible, ten per cent of the final	56318
calculation of the amounts payable to each school district for	56319
that fiscal year.	56320

The treasurer of each school district or educational service	56321
center may accrue, in addition to the payments defined in this	56322
section, to the accounts of the calendar years that end during	56323
each fiscal year, the difference between the sum of the first six	56324
months' payments in each fiscal year and the amounts the district	56325
would have received had the payments been made in, as nearly as	56326
possible in each fiscal year, twelve equal monthly payments.	56327

Notwithstanding the limitations on the amount of borrowing	56328
and time of payment provided for in section 133.10 of the Revised	56329
Code but subject to sections 133.26 and 133.30 of the Revised	56330
Code, a board of education of a school district may at any time	56331
between July 1, 2001, and December 31, 2001, or at any time	56332
between July 1, 2002, and December 31, 2002, borrow money to pay	56333
any necessary and actual expenses of the school district during	56334
the last six months of calendar years 2001 and 2002 and in	56335
anticipation of the receipt of any portion of the payments to be	56336
received by that district in the first six months of calendar	56337
years 2002 and 2003 representing the respective amounts accrued	56338
pursuant to the preceding paragraph, and issue notes to evidence	56339
that borrowing to mature no later than the thirtieth day of June	56340
of the calendar year following the calendar year in which such	56341
amount was borrowed. The principal amount borrowed in the last	56342
six months of calendar years 2001 or 2002 under this paragraph may	56343
not exceed the entire amount accrued or to be accrued by the	56344
district treasurer in those calendar years pursuant to the	56345
preceding paragraph. The proceeds of the notes shall be used only	56346
for the purposes for which the anticipated receipts are lawfully	56347
appropriated by the board of education. No board of education	56348
shall be required to use the authority granted by this paragraph.	56349
The receipts so anticipated, and additional amounts from	56350
distributions to the districts in the first six months of calendar	56351
years 2002 and 2003 pursuant to Chapter 3317. of the Revised Code	56352
needed to pay the interest on the notes, shall be deemed	56353
appropriated by the board of education to the extent necessary for	56354
the payment of the principal of and interest on the notes at	56355
maturity, and the amounts necessary to make those monthly	56356
distributions are appropriated from the General Revenue Fund. For	56357
the purpose of better ensuring the prompt payment of principal of	56358
and interest on the notes when due, the resolution of the board of	56359
education authorizing the notes may direct that the amount of the	56360
receipts anticipated, together with those additional amounts	56361
needed to pay the interest on the borrowed amounts, shall be	56362
deposited and segregated, in trust or otherwise, to the extent, at	56363
the time or times, and in the manner provided in that resolution.	56364
The borrowing authorized by this section does not constitute debt	56365
for purposes of section 133.04 of the Revised Code. School	56366
districts shall be reimbursed by the state for all necessary and	56367
actual costs to districts arising from this provision, including,	56368
without limitation, the interest paid on the notes while the notes	56369
are outstanding. The Department of Education shall adopt rules	56370
that are not inconsistent with this section for school district	56371
eligibility and application for reimbursement of such costs.	56372
Payments of these costs shall be made out of any anticipated	56373
balances in appropriation items distributed under Chapter 3317. of	56374
the Revised Code. The department shall submit all requests for	56375
reimbursement under these provisions to the Controlling Board for	56376
approval.	56377

During the last six months of each calendar year, instead of	56378
deducting the amount the Superintendent of Public Instruction	56379
would otherwise deduct from a school district's or educational	56380
service center's state aid payments in accordance with the	56381
certifications made for such year pursuant to sections 3307.56 and	56382
3309.51 of the Revised Code, the superintendent shall deduct an	56383
amount equal to forty per cent of the amount so certified. The	56384
secretaries of the retirement systems shall compute the	56385
certifications for the ensuing year under such sections as if the	56386
entire amounts certified as due in the calendar year ending the	56387
current fiscal year, but not deducted pursuant to this paragraph,	56388
had been deducted and paid in that calendar year. During the	56389
first six months of the ensuing calendar year, in addition to	56390
deducting the amounts the Superintendent of Public Instruction is	56391
required to deduct under such sections during such period, the	56392
superintendent shall deduct from a district's or educational	56393
service center's state aid payments an additional amount equal to	56394
the amount that was certified as due from the district for the	56395
calendar year that ends during the fiscal year, but that was not	56396
deducted because of this paragraph. The superintendent's	56397
certifications to the Director of Budget and Management during the	56398
first six months of the calendar year shall reflect such	56399
additional deduction.	56400

Section 44.26. REALLOCATION OF FUNDS

56401

(A) As used in this section:

56402

(1) "Basic aid" means the amount calculated for the school	56403
district received for the fiscal year under divisions (A) and (C)	56404
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,	56405
3317.0212, and 3317.0213 of the Revised Code and the amount	56406
computed for a joint vocational school district under section	56407
3317.16 of the Revised Code.	56408

(2) "Nonbasic aid" means the amount computed for a school	56409
district for fiscal year 2002 or fiscal year 2003 under Chapter	56410
3317. of the Revised Code and this act, excluding the district's	56411
basic aid and the amount computed under such chapter and acts for	56412
educational service centers, MR/DD boards, and institutions.	56413

(B) If in either fiscal year of the biennium the Governor	56414
issues an order under section 126.05 of the Revised Code to reduce	56415
expenditures and incurred obligations and the order requires the	56416
superintendent to reduce such state education payments, or if	56417
lottery profits transfers are insufficient to meet the amounts	56418
appropriated from the Lottery Profits Education Fund for base cost	56419
funding, and if other funds are not sufficient to offset the	56420
shortfall, the superintendent shall reduce nonbasic aid payments	56421
so that the total amount expended in the fiscal year will not	56422
exceed the amount available for expenditure pursuant to the	56423
Governor's order. Subject to Controlling Board approval, the	56424
superintendent shall reallocate appropriations not yet expended	56425
from one program to another.	56426

(C)(1) If further reductions in nonbasic aid are necessary	56427
following the reallocations implemented pursuant to division (B)	56428
of this section, the superintendent shall request the Controlling	56429
Board to approve the use of the money appropriated by this	56430
division. The superintendent shall include with the	56431
superintendent's request a report listing the amount of reductions	56432
that each school district will receive if the request is not	56433
approved, and also the amount of the reduction, if any, that will	56434
still be required if the use of the money appropriated by this	56435
section is approved.	56436

(2) In accordance with division (C)(1) of this section,	56437
there is appropriated to the Department of Education from the	56438
unobligated balance remaining in the Lottery Profits Education	56439
Fund at the end of fiscal year 2001 the lesser of: the	56440
unobligated balance in the fund, or the amount needed to preclude	56441
a reallocation pursuant to this section. The money appropriated	56442
by this division may be spent or distributed by the department	56443
only with the approval of the Controlling Board.	56444

(D) If reductions in nonbasic aid are still necessary	56445
following the actions taken pursuant to divisions (B) and (C) of	56446
this section, the superintendent shall determine by what	56447
percentage expenditures for nonbasic aid must be reduced for the	56448
remainder of the fiscal year to make the total amount distributed	56449
for the year equal the amount appropriated or available for	56450
distribution. The superintendent shall reduce by that percentage	56451
the amount to be paid in nonbasic aid to each city, exempted	56452
village, local, and joint vocational school district, to each	56453
educational service center, to each county board of mental	56454
retardation and developmental disabilities, and to each	56455
institution providing special education programs under section	56456
3323.091 of the Revised Code for the remainder of the fiscal year.	56457

Section 44.27. EDUCATIONAL SERVICE CENTERS FUNDING

56458

Notwithstanding division (B) of section 3317.11 of the	56459
Revised Code, no funds shall be provided to an educational service	56460
center in either fiscal year for any pupils of a city or exempted	56461
village school district unless an agreement to provide services	56462
under section 3313.843 of the Revised Code was entered into by	56463
January 1, 1997, except that funds shall be provided to an	56464
educational service center for any pupils of a city school	56465
district if the agreement to provide services was entered into	56466
within one year of the date upon which such district changed from	56467
a local school district to a city school district. If	56468
insufficient funds are appropriated in fiscal year 2002 or fiscal	56469
year 2003 for the purposes of division (B) of section 3317.11 of	56470
the Revised Code, the department shall first distribute to each	56471
educational service center $37 per pupil in its service center	56472
ADM, as defined in that section. The remaining funds in each	56473
fiscal year shall be distributed proportionally, on a per-student	56474
basis, to each educational service center for its client ADM, as	56475
defined in that section, that is attributable to each city and	56476
exempted village school district that had entered into an	56477
agreement with an educational service center for that fiscal year	56478
under section 3313.843 of the Revised Code by January 1, 1997.	56479

Section 44.28. The State Board of Education shall adopt rules	56480
in accordance with section 119.03 of the Revised Code establishing	56481
a method for school districts to report their spending for special	56482
education and related services. Not later than February 1, 2002,	56483
the State Board shall file the rules in proposed form in	56484
accordance with section 119.03 of the Revised Code. The State	56485
Board shall make every effort to file the rules in final form so	56486
that they apply first in fiscal year 2003.	56487

Section 44.29. The Legislative Office of Education Oversight	56488
shall conduct a statistical sampling of individualized education	56489
programs developed for handicapped children under Chapter 3323. of	56490
the Revised Code to determine the following:	56491

(A) The extent to which school districts provide, and	56492
handicapped children utilize, all of the following:	56493

(1) Attendant services;	56494

(2) Vocational special education coordinator services;

56495

(3) Work-study services.

56496

(B) The handicaps that school districts identify as "other	56497
health handicaps" and the services that school districts provide	56498
to children identified as having "other health handicaps";	56499

(C) How school districts currently serve children identified	56500
as having learning disabilities.	56501

The Office shall report its findings and any recommendations	56502
to the General Assembly no later than January 1, 2003.	56503

Section 44.30. * For the school year commencing July 1,	56504
2001, or the school year commencing July 1, 2002, or both, the	56505
Superintendent of Public Instruction may waive for the board of	56506
education of any school district the ratio of teachers to pupils	56507
in kindergarten through fourth grade required under paragraph	56508
(A)(3) of rule 3301-35-03 of the Administrative Code if the	56509
following conditions apply:	56510

(A) The board of education requests the waiver.

56511

(B) After the Department of Education conducts an on-site	56512
evaluation of the district related to meeting the required ratio,	56513
the board of education demonstrates to the satisfaction of the	56514
Superintendent of Public Instruction that providing the facilities	56515
necessary to meet the required ratio during the district's regular	56516
school hours with pupils in attendance would impose an extreme	56517
hardship on the district.	56518

(C) The board of education provides assurances that are	56519
satisfactory to the Superintendent of Public Instruction that the	56520
board will act in good faith to meet the required ratio as soon as	56521
possible.	56522

Section 44.31. PRIVATE TREATMENT FACILITY PILOT PROJECT

56523

(A) As used in this section:

56524

(1) The following are "participating residential treatment	56525
centers":	56526

(a) Private residential treatment facilities that have	56527
entered into a contract with the Department of Youth Services to	56528
provide services to children placed at the facility by the	56529
department and which, in fiscal year 2002 or 2003 or both, the	56530
department pays through appropriation item 470-401, Care and	56531
Custody;	56532

(b) Abraxas, in Shelby;

56533

56534

(d) Act One, in Akron;

56535

(e) Friars Club, in Cincinnati.

56536

(2) "Education program" means an elementary or secondary	56537
education program or a special education program and related	56538
services.	56539

(3) "Served child" means any child receiving an education	56540
program pursuant to division (B) of this section.	56541

(4) "School district responsible for tuition" means a city,	56542
exempted village, or local school district that, if tuition	56543
payment for a child by a school district is required under law	56544
that existed in fiscal year 1998, is the school district required	56545
to pay that tuition.	56546

(5) "Residential child" means a child who resides in a	56547
participating residential treatment center and who is receiving an	56548
educational program under division (B) of this section.	56549

(B) A youth who is a resident of the state and has been	56550
assigned by a juvenile court or other authorized agency to a	56551
residential treatment facility specified in division (A) of this	56552
section shall be enrolled in an approved educational program	56553
located in or near the facility. Approval of the educational	56554
program shall be contingent upon compliance with the criteria	56555
established for such programs by the Department of Education. The	56556
educational program shall be provided by a school district or	56557
educational service center, or by the residential facility itself.	56558
Maximum flexibility shall be given to the residential treatment	56559
facility to determine the provider. In the event that a voluntary	56560
agreement cannot be reached and the residential facility does not	56561
choose to provide the educational program, the educational service	56562
center in the county in which the facility is located shall	56563
provide the educational program at the treatment center to	56564
children under twenty-two years of age residing in the treatment	56565
center.	56566

(C) Any school district responsible for tuition for a	56567
residential child shall, notwithstanding any conflicting provision	56568
of the Revised Code regarding tuition payment, pay tuition for the	56569
child for fiscal years 2002 and 2003 to the education program	56570
provider and in the amount specified in this division. If there	56571
is no school district responsible for tuition for a residential	56572
child and if the participating residential treatment center to	56573
which the child is assigned is located in the city, exempted	56574
village, or local school district that, if the child were not a	56575
resident of that treatment center, would be the school district	56576
where the child is entitled to attend school under sections	56577
3313.64 and 3313.65 of the Revised Code, that school district	56578
shall, notwithstanding any conflicting provision of the Revised	56579
Code, pay tuition for the child for fiscal years 2002 and 2003	56580
under this division unless that school district is providing the	56581
educational program to the child under division (B) of this	56582
section.	56583

A tuition payment under this division shall be made to the	56584
school district, educational service center, or residential	56585
treatment facility providing the educational program to the child.	56586

The amount of tuition paid shall be:

56587

(1) The amount of tuition determined for the district under	56588
division (A) of section 3317.08 of the Revised Code;	56589

(2) In addition, for any student receiving special education	56590
pursuant to an individualized education program as defined in	56591
section 3323.01 of the Revised Code, a payment for excess costs.	56592
This payment shall equal the actual cost to the school district,	56593
educational service center, or residential treatment facility of	56594
providing special education and related services to the student	56595
pursuant to the student's individualized education program, minus	56596
the tuition paid for the child under division (C)(1) of this	56597
section.	56598

A school district paying tuition under this division shall	56599
not include the child for whom tuition is paid in the district's	56600
average daily membership certified under division (A) of section	56601
3317.03 of the Revised Code.	56602

(D) In each of fiscal years 2002 and 2003, the Department of	56603
Education shall reimburse, from appropriations made for the	56604
purpose, a school district, educational service center, or	56605
residential treatment facility, whichever is providing the	56606
service, that has demonstrated that it is in compliance with the	56607
funding criteria for each served child for whom a school district	56608
must pay tuition under division (C) of this section. The amount	56609
of the reimbursement in either fiscal year shall be the formula	56610
amount specified in section 3317.022 of the Revised Code, except	56611
that the department shall proportionately reduce this	56612
reimbursement if sufficient funds are not available to pay this	56613
amount to all qualified providers.	56614

(E) Funds provided to a school district, educational service	56615
center, or residential treatment facility under this section shall	56616
be used to supplement, not supplant, funds from other public	56617
sources for which the school district, service center, or	56618
residential treatment facility is entitled or eligible.	56619

(F) The Department of Education shall track the utilization	56620
of funds provided to school districts, educational service	56621
centers, and residential treatment facilities under this section	56622
and monitor the effect of the funding on the educational programs	56623
they provide in participating residential treatment facilities.	56624
The department shall monitor the programs for educational	56625
accountability.	56626

Section 44.32. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	56627
ASSESSMENT OF EDUCATION PROGRESS	56628

The General Assembly intends for the Superintendent of Public	56629
Instruction to provide for school district participation in the	56630
administration of the National Assessment of Education Progress in	56631
fiscal years 2002 and 2003 in accordance with section 3301.27 of	56632
the Revised Code.	56633

Section 44.33. Notwithstanding Chapter 3318. of the Revised	56634
Code, for purposes of complying with the local share and repayment	56635
tax requirements of section 3318.05 of the Revised Code, any	56636
school district given conditional approval for classroom	56637
facilities assistance under section 3318.04 of the Revised Code as	56638
of January 1, 1993, that approved a replacement permanent	56639
improvement levy at the November 5, 1996, election shall be	56640
permitted to use the proceeds of such levy, and any notes issued	56641
or to be issued in anticipation thereof, as available funds,	56642
within the meaning specified under section 3318.03 of the Revised	56643
Code, to pay the local share of the cost of the approved classroom	56644
facilities project. Notwithstanding the local share as previously	56645
determined for purposes of the conditional approval of the	56646
project, the local share shall be equal to the amount of proceeds	56647
to be obtained by the district under such replacement permanent	56648
improvement levy. Such school districts shall not be required to	56649
obtain approval of either of the propositions described in	56650
division (A) or (B) of section 3318.051 of the Revised Code. The	56651
agreement required under section 3318.08 of the Revised Code for	56652
the construction and sale of the project shall include provisions	56653
for the transfer of the proceeds of the replacement permanent	56654
improvement levy, and any notes issued in anticipation thereof, to	56655
the school district's project construction account, and for the	56656
levy of the replacement permanent improvement levy.	56657

Section 44.34. The Superintendent of Public Instruction	56658
shall contract with an independent research entity to evaluate the	56659
pilot project approved pursuant to section 3313.975 of the Revised	56660
Code. The evaluation shall study the impact of scholarships on	56661
student attendance, conduct, commitment to education, and	56662
standardized test scores; parental involvement; the school	56663
district's ability to provide services to district students; and	56664
the availability of alternative educational opportunities. The	56665
evaluation shall also study the economic impact of scholarships on	56666
the school district.	56667

Section 44.35. Notwithstanding division (C)(1) of section	56668
3313.975 of the Revised Code, in addition to students in	56669
kindergarten through third grade, initial scholarships may be	56670
awarded to fourth, fifth, sixth, seventh, and eighth grade	56671
students in fiscal year 2002 and in fiscal year 2003.	56672

Section 44.36. (A) As used in this section, "pilot project	56673
area" means the school districts included in the territory of the	56674
former community school pilot project established by former	56675
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly.	56676

(B) Any teacher or nonteaching employee of a school district	56677
in the pilot project area who, on the effective date of this	56678
section, is taking a leave of absence from the district pursuant	56679
to a policy adopted under former Section 50.52.13 of that act to	56680
work at a community school established under the pilot project and	56681
located in another school district may continue the leave under	56682
the terms of that policy and former section. Upon termination of	56683
the leave, the district shall return the teacher or nonteaching	56684
employee to a position, salary, and level of seniority as required	56685
by that former section.	56686

Section 44.37. As required by Section 50.52.2 of Am. Sub.	56687
H.B. 215 of the 122nd General Assembly, as subsequently amended,	56688
the Legislative Office of Education Oversight shall complete, by	56689
June 1, 2003, its final report on community schools with	56690
recommendations as to the future of community schools in Ohio.	56691
Copies of the report shall be delivered to the President of the	56692
Senate and the Speaker of the House of Representatives.	56693

Section 44.38. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	56694
COST AND PARITY AID FUNDING	56695

Pursuant to division (D)(3) of section 3317.012 of the	56696
Revised Code, and based on the most recent data available prior to	56697
the enactment of this act, the General Assembly has determined	56698
that the state share percentage of base cost and parity aid	56699
funding for the update year (fiscal year 2002) is 49.0%. This is	56700
the target percentage for fiscal years 2003 through 2007 that the	56701
General Assembly shall use to fulfill its obligation under	56702
division (D)(4) of section 3317.012 of the Revised Code.	56703

Pursuant to division (D)(4) of section 3317.012 of the	56704
Revised Code, and based on the most recent data available prior to	56705
the enactment of this act, the General Assembly has determined	56706
that the state share percentage of base cost and parity aid	56707
funding for fiscal year 2003 is 49.4%. This determination	56708
fulfills the General Assembly's obligation under that division for	56709
fiscal year 2003.	56710

Section 45. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	56711

NETWORK COMMISSION

56712

General Revenue Fund

56713

GRF	374-100	Personal Services	$	1,585,648	$	1,705,463	56714
GRF	374-200	Maintenance	$	902,477	$	891,968	56715
GRF	374-300	Equipment	$	46,760	$	45,313	56716
GRF	374-401	Statehouse News Bureau	$	253,175	$	245,344	56717
GRF	374-402	Ohio Government Telecommunications Studio	$	806,053	$	910,296	56718
GRF	374-404	Telecommunications Operating Subsidy	$	5,239,754	$	5,051,174	56719
TOTAL GRF General Revenue Fund			$	8,833,867	$	8,849,558	56720

General Services Fund Group

56721

4F3	374-603	Affiliate Services	$	2,941,810	$	3,067,586	56722
4T2	374-605	Government Television/Telecommunications Operating	$	150,000	$	150,000	56723
TOTAL GSF General Services							56724
Fund Group			$	3,091,810	$	3,217,586	56725

TOTAL ALL BUDGET FUND GROUPS

11,925,677

12,067,144

56726

STATEHOUSE NEWS BUREAU

56727

The foregoing appropriation item 374-401, Statehouse News	56728
Bureau, shall be used solely to support the operations of the Ohio	56729
Statehouse News Bureau.	56730

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

56731

The foregoing appropriation item 374-402, Ohio Government	56732
Telecommunications Studio, shall be used solely to support the	56733
operations of the Ohio Government Telecommunications Studio.	56734

TELECOMMUNICATIONS OPERATING SUBSIDY

56735

The foregoing appropriation item 374-404, Telecommunications	56736
Operating Subsidy, shall be distributed by the Ohio Educational	56737
Telecommunications Network Commission to Ohio's qualified public	56738
educational television stations, radio reading services, and	56739
educational radio stations to support their operations. The funds	56740
shall be distributed pursuant to an allocation developed by the	56741
Ohio Educational Telecommunications Network Commission.	56742

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

56743

The Director of Budget and Management shall transfer, by July	56744
15, 2001, all remaining balances in General Services Fund 4T2,	56745
Government Television/Telecommunications Operating, in the Capital	56746
Square Review and Advisory Board to General Services Fund 4T2,	56747
Government Television/Telecommunications Operating, in the Ohio	56748
Educational Telecommunications Network Commission. General	56749
Services Fund 4T2, Government Television/Telecommunications	56750
Operating, is hereby created in the Ohio Educational	56751
Telecommunications Network Commission.	56752

Section 46. ELC OHIO ELECTIONS COMMISSION	56753

General Revenue Fund

56754

GRF	051-321		Operating Expenses		$	298,660		$	307,022		56755
TOTAL GRF General Revenue Fund					$	298,660		$	307,022		56756

State Special Revenue Fund Group

56757

4P2	051-601	Ohio Elections					56758
		Commission Fund	$	298,660	$	312,923	56759
TOTAL SSR State Special							56760
Revenue Fund Group			$	298,660	$	312,923	56761
TOTAL ALL BUDGET FUND GROUPS			$	597,320	$	619,945	56762

Section 47. FUN STATE BOARD OF EMBALMERS AND FUNERAL	56764

DIRECTORS

56765

General Services Fund Group

56766

4K9	881-609	Operating Expenses	$	507,667	$	533,541	56767
TOTAL GSF General Services							56768
Fund Group			$	507,667	$	533,541	56769
TOTAL ALL BUDGET FUND GROUPS			$	507,667	$	533,541	56770

Section 48. ERB STATE EMPLOYMENT RELATIONS BOARD	56772

General Revenue Fund

56773

GRF	125-321		Operating Expenses		$	3,622,827		$	3,724,266		56774
TOTAL GRF General Revenue Fund					$	3,622,827		$	3,724,266		56775

General Services Fund Group

56776

572	125-603	Training and Publications	$	73,699	$	75,541	56777
TOTAL GSF General Services							56778
Fund Group			$	73,699	$	75,541	56779
TOTAL ALL BUDGET FUND GROUPS			$	3,696,526	$	3,799,807	56780

Section 49. ENG STATE BOARD OF ENGINEERS AND SURVEYORS	56782

General Services Fund Group

56783

4K9	892-609	Operating Expenses	$	919,315	$	956,188	56784
TOTAL GSF General Services							56785
Fund Group			$	919,315	$	956,188	56786
TOTAL ALL BUDGET FUND GROUPS			$	919,315	$	956,188	56787

Section 50. EPA ENVIRONMENTAL PROTECTION AGENCY	56788

General Revenue Fund

56789

GRF	715-501	Local Air Pollution Control	$	1,364,111	$	1,444,068	56790
GRF	717-321	Surface Water	$	10,005,388	$	11,104,082	56791
GRF	718-321	Groundwater	$	1,430,912	$	1,540,938	56792
GRF	719-321	Air Pollution Control	$	2,838,394	$	3,015,444	56793
GRF	721-321	Drinking Water	$	3,043,210	$	3,216,737	56794
GRF	723-321	Hazardous Waste	$	142,080	$	142,080	56795
GRF	724-321	Pollution Prevention	$	927,221	$	986,633	56796
GRF	725-321	Laboratory	$	1,411,197	$	1,551,342	56797
GRF	726-321	Corrective Actions	$	1,890,915	$	1,912,937	56798
TOTAL GRF General Revenue Fund			$	23,053,428	$	24,914,261	56799

General Services Fund Group

56800

199	715-602	Laboratory Services	$	1,003,616	$	1,042,081	56801
219	715-604	Central Support Indirect	$	14,935,955	$	16,462,642	56802
4A1	715-640	Operating Expenses	$	3,214,075	$	3,304,835	56803
TOTAL GSF General Services							56804
Fund Group			$	19,153,646	$	20,809,558	56805

Federal Special Revenue Fund Group

56806

3F2	715-630	Revolving Loan Fund - Operating	$	33,700	$	80,000	56807
3F3	715-632	Fed Supported Cleanup and Response	$	4,551,830	$	4,600,910	56808
3F4	715-633	Water Quality Management	$	702,849	$	702,849	56809
3F5	715-641	Nonpoint Source Pollution Management	$	5,820,330	$	5,820,330	56810
3J1	715-620	Urban Stormwater	$	522,000	$	348,000	56811
3J5	715-615	Maumee River	$	61,196	$	0	56812
3K2	715-628	Clean Water Act 106	$	3,769,255	$	3,769,254	56813
3K4	715-634	DOD Monitoring and Oversight	$	1,388,552	$	1,487,341	56814
3K6	715-639	Remedial Action Plan	$	600,000	$	270,000	56815
3N4	715-657	DOE Monitoring and Oversight	$	4,080,203	$	4,162,907	56816
3T1	715-668	Rural Hardship Grant	$	50,000	$	50,000	56817
3V7	715-606	Agencywide Grants	$	360,000	$	80,000	56818
352	715-611	Wastewater Pollution	$	200,000	$	278,000	56819
353	715-612	Public Water Supply	$	2,489,460	$	2,489,460	56820
354	715-614	Hazardous Waste Management - Federal	$	3,900,000	$	3,900,000	56821
357	715-619	Air Pollution Control - Federal	$	4,919,683	$	4,835,600	56822
362	715-605	Underground Injection Control - Federal	$	107,856	$	107,856	56823
TOTAL FED Federal Special Revenue							56824
Fund Group			$	33,556,914	$	32,982,507	56825

State Special Revenue Fund Group

56826

3T3	715-669	Drinking Water SRF	$	5,577,473	$	5,839,217	56827
4J0	715-638	Underground Injection Control	$	377,268	$	394,097	56828
4K2	715-648	Clean Air - Non Title V	$	3,558,719	$	3,725,707	56829
4K3	715-649	Solid Waste	$	12,883,012	$	13,578,411	56830
4K4	715-650	Surface Water Protection	$	9,052,930	$	9,053,183	56831
4K5	715-651	Drinking Water Protection	$	5,420,914	$	5,780,021	56832
4P5	715-654	Cozart Landfill	$	140,404	$	143,914	56833
4R5	715-656	Scrap Tire Management	$	5,526,050	$	5,607,911	56834
4R9	715-658	Voluntary Action Program	$	760,038	$	880,324	56835
4T3	715-659	Clean Air - Title V Permit Program	$	16,330,021	$	16,919,482	56836
4U7	715-660	Construction & Demolition Debris	$	136,347	$	143,435	56837
5H4	715-664	Groundwater Support	$	1,718,659	$	1,820,773	56838
500	715-608	Immediate Removal Special Account	$	508,000	$	428,547	56839
503	715-621	Hazardous Waste Facility Management	$	10,274,613	$	11,045,132	56840
503	715-662	Hazardous Waste Facility Board	$	688,634	$	725,713	56841
505	715-623	Hazardous Waste Cleanup	$	12,786,201	$	13,427,443	56842
541	715-670	Site Specific Cleanup	$	2,206,952	$	2,345,990	56843
542	715-671	Risk Management Reporting	$	174,924	$	185,605	56844
592	715-627	Anti-Tampering Settlement	$	10,000	$	10,000	56845
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	56846
602	715-626	Motor Vehicle Inspection and Maintenance	$	2,653,217	$	2,795,062	56847
644	715-631	ER Radiological Safety	$	242,446	$	255,947	56848
660	715-629	Infectious Waste Management	$	138,899	$	145,271	56849
676	715-642	Water Pollution Control Loan Administration	$	4,874,302	$	5,252,873	56850
678	715-635	Air Toxic Release	$	394,489	$	413,938	56851
679	715-636	Emergency Planning	$	2,000,708	$	2,054,868	56852
696	715-643	Air Pollution Control Administration	$	750,000	$	750,000	56853
699	715-644	Water Pollution Control Administration	$	250,000	$	250,000	56854
TOTAL SSR State Special Revenue							56855
Fund Group			$	100,935,220	$	105,472,864	56856
TOTAL ALL BUDGET FUND GROUPS			$	176,699,208	$	184,179,190	56857

Section 50.01. AREAWIDE PLANNING AGENCIES

56859

Of the foregoing appropriation item 717-321, Surface Water,	56860
$250,000 in fiscal year 2002 and $250,000 in fiscal year 2003	56861
shall be divided evenly between the following six areawide	56862
planning agencies for the purpose of regional water management	56863
planning: Eastgate Regional Council of Governments, Miami Valley	56864
Regional Planning Commission, Northeast Ohio Four County Regional	56865
Planning and Development Organization, Northeast Ohio Areawide	56866
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of	56867
Governments, and Toledo Metropolitan Area Council of Governments.	56868

CENTRAL SUPPORT INDIRECT	56869

Notwithstanding any other provision of law to the contrary,	56870
the Director of Environmental Protection, with the approval of the	56871
Director of Budget and Management, shall utilize a methodology for	56872
determining each division's payments into the Central Support	56873
Indirect Fund (Fund 219). The methodology used shall contain the	56874
characteristics of administrative ease and uniform application.	56875
Payments to the Central Support Indirect Fund (Fund 219) shall be	56876
made using an intrastate transfer voucher.	56877

Not later than November 30, 2001, the Director of	56878
Environmental Protection shall certify to the Director of Budget	56879
and Management the cash balances in Fund 356, Indirect Costs, and	56880
Fund 4C3, Central Support Indirect, and may request the Director	56881
of Budget and Management to transfer up to the certified amounts	56882
into Fund 219, Central Support Indirect. The amount transferred	56883
is hereby appropriated.	56884

SOLID WASTE FUND TRANSFER

56885

Not later than March 1, 2002, the Director of Environmental	56886
Protection shall certify to the Director of Budget and Management	56887
the amount expended from Fund 4K3, Solid Waste, during fiscal	56888
years 2000 and 2001 for emergency expenses incurred as a result of	56889
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	56890
the Director of Environmental Protection shall request the	56891
Director of Budget and Management to transfer up to one-half of	56892
the certified amount during fiscal year 2002 and the balance of	56893
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	56894
Tire Management, to Fund 4K3, Solid Waste. The amounts	56895
transferred are hereby appropriated.	56896

Moneys transferred from Fund 4R5, Scrap Tire Management, to	56897
Fund 4K3, Solid Waste, shall not consist of any moneys generated	56898
under division (A)(2) of section 3734.901 of the Revised Code as	56899
amended by this act.	56900

KIRBY TIRE SITE

56901

Of the moneys collected under division (A)(2) of section	56902
3734.901 of the Revised Code as amended by this act and deposited	56903
into the Scrap Tire Management Fund, at least fifty per cent shall	56904
be expended for cleanup and removal activities at the Kirby Tire	56905
site in Wyandot County during fiscal years 2002 and 2003.	56906

Section 51. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION	56907

General Revenue Fund

56908

GRF	172-321	Operating Expenses	$	465,008	$	481,221	56909
TOTAL GRF General Revenue Fund			$	465,008	$	481,221	56910
TOTAL ALL BUDGET FUND GROUPS			$	465,008	$	481,221	56911

Section 52. ETH OHIO ETHICS COMMISSION	56913

General Revenue Fund

56914

GRF	146-321		Operating Expenses		$	1,325,713		$	1,415,005		56915
TOTAL GRF General Revenue Fund					$	1,325,713		$	1,415,005		56916

General Services Fund Group

56917

4M6	146-601	Operating Expenses	$	386,485	$	409,543	56918
TOTAL GSF General Services							56919
Fund Group			$	386,485	$	409,543	56920
TOTAL ALL BUDGET FUND GROUPS			$	1,712,198	$	1,824,548	56921

FEE REVENUE TRANSFER

56922

If the fee revenue that is raised and deposited into Fund 4M6	56923
146-601, Operating Expenses, exceeds the amount appropriated each	56924
fiscal year, the extra fee revenue shall be hereby appropriated	56925
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce	56926
the GRF appropriation item 146-321, Operating Expenses, in an	56927
amount equal to the amount of the extra fee revenue generated each	56928
fiscal year.	56929

Section 53. EXP OHIO EXPOSITIONS COMMISSION	56930

General Revenue Fund

56931

GRF	723-403		Junior Fair Subsidy		$	525,000		$	525,000		56932
TOTAL GRF General Revenue Fund					$	525,000		$	525,000		56933

State Special Revenue Fund Group

56934

506	723-601	Operating Expenses	$	14,411,437	$	14,875,658	56935
4N2	723-602	Ohio State Fair Harness Racing	$	511,000	$	520,000	56936
640	723-603	State Fair Reserve	$	700,000	$	0	56937
TOTAL SSR State Special Revenue							56938
Fund Group			$	15,622,437	$	15,395,658	56939
TOTAL ALL BUDGET FUND GROUPS			$	16,147,437	$	15,920,658	56940

STATE FAIR RESERVE

56941

The foregoing appropriation item 723-603, State Fair Reserve,	56942
shall serve as a budget reserve fund for the Ohio Expositions	56943
Commission in the event of a significant decline in attendance due	56944
to inclement weather or extraordinary circumstances during the	56945
Ohio State Fair and resulting in a loss of revenue. The State	56946
Fair Reserve may be used by the Ohio Expositions Commission to pay	56947
bills resulting from the Ohio State Fair only if all the following	56948
criteria are met:	56949

(A) Admission revenues for the 2001 Ohio State Fair are less	56950
than $2,920,000 or admission revenues for the 2002 Ohio State Fair	56951
are less than $3,010,000 due to inclement weather or extraordinary	56952
circumstances. These amounts are ninety per cent of the projected	56953
admission revenues for each year.	56954

(B) The Ohio Expositions Commission declares a state of	56955
fiscal exigency and requests release of funds by the Director of	56956
Budget and Management.	56957

(C) The Director of Budget and Management releases the	56958
funds. The Director of Budget and Management may approve or	56959
disapprove the request for release of funds, may increase or	56960
decrease the amount of release, and may place such conditions as	56961
the director deems necessary on the use of the released funds. The	56962
Director of Budget and Management may transfer appropriation	56963
authority from fiscal year 2002 to fiscal year 2003 as needed.	56964

In the event that the Ohio Expositions Commission faces a	56965
temporary cash shortage that will preclude them from meeting	56966
current obligations, the Commission may request the Director of	56967
Budget and Management to approve use of the State Fair Reserve to	56968
meet those obligations. The request shall include a plan	56969
describing how the Commission will eliminate the cash shortage. If	56970
the Director of Budget and Management approves the expenditures,	56971
the Commission shall reimburse Fund 640 by the thirtieth day of	56972
June of that same fiscal year through an intrastate transfer	56973
voucher. The amount reimbursed is appropriated.	56974

Section 54. GOV OFFICE OF THE GOVERNOR	56975

General Revenue Fund

56976

GRF	040-321	Operating Expenses	$	4,608,731	$	4,748,556	56977
GRF	040-403	National Governors Conference	$	174,001	$	179,224	56978
GRF	040-408	Office of Veterans' Affairs	$	271,599	$	279,748	56979
TOTAL GRF General Revenue Fund			$	5,054,331	$	5,207,528	56980

TOTAL ALL BUDGET FUND GROUPS

5,054,331

5,207,528

56981

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

56982

The Governor may expend a portion of the foregoing	56983
appropriation item 040-321, Operating Expenses, to hire or appoint	56984
legal counsel to be used in proceedings involving the Governor in	56985
the Governor's official capacity or the Governor's office only,	56986
without the approval of the Attorney General, notwithstanding	56987
sections 109.02 and 109.07 of the Revised Code.	56988

Section 55. DOH DEPARTMENT OF HEALTH

56989

General Revenue Fund

56990

GRF	440-406	Hemophilia Services	$	1,230,492	$	1,230,492	56991
GRF	440-407	Animal Borne Disease and Prevention	$	2,643,874	$	2,598,297	56992
GRF	440-412	Cancer Incidence Surveillance System	$	898,978	$	1,104,175	56993
GRF	440-413	Ohio Health Care Policy and Data	$	3,306,959	$	3,407,200	56994
GRF	440-416	Child and Family Health Services	$	11,187,078	$	10,839,187	56995
GRF	440-418	Immunizations	$	9,403,469	$	9,616,514	56996
GRF	440-419	Sexual Assault Prevention and Intervention	$	50,000	$	50,000	56997
GRF	440-444	AIDS Prevention and Treatment	$	9,142,101	$	9,476,508	56998
GRF	440-446	Infectious Disease Prevention	$	642,821	$	649,291	56999
GRF	440-451	Public Health Prevention Programs	$	7,708,440	$	7,212,245	57000
GRF	440-452	Child and Family Health Care Operations	$	1,316,947	$	1,320,455	57001
GRF	440-453	Health Care Facility Protection and Safety	$	12,466,643	$	12,662,779	57002
GRF	440-454	Local Environmental Health	$	1,243,340	$	1,244,824	57003
GRF	440-459	Help Me Grow	$	12,500,000	$	12,500,000	57004
GRF	440-461	Vital Statistics	$	3,891,580	$	3,863,425	57005
GRF	440-501	Local Health Districts	$	3,991,111	$	3,991,111	57006
GRF	440-504	Poison Control Network	$	388,000	$	388,000	57007
GRF	440-505	Medically Handicapped Children	$	7,634,095	$	7,540,879	57008
GRF	440-507	Cystic Fibrosis	$	818,131	$	818,131	57009
GRF	440-508	Migrant Health	$	120,767	$	118,049	57010
GRF	440-510	Arthritis Care	$	75,000	$	75,000	57011
TOTAL GRF General Revenue Fund			$	90,659,826	$	90,706,562	57012

General Services Fund Group

57013

142	440-618	General Operations	$	2,764,557	$	2,892,340	57014
211	440-613	Central Support Indirect Costs	$	25,527,855	$	26,149,512	57015
473	440-622	Lab Operating Expenses	$	4,006,440	$	4,154,045	57016
5C1	440-642	TANF Family Planning	$	255,500	$	261,888	57017
683	440-633	Employee Assistance Program	$	1,017,408	$	1,062,965	57018
698	440-634	Nurse Aide Training	$	240,000	$	265,808	57019
TOTAL GSF General Services							57020
Fund Group			$	33,811,760	$	34,786,558	57021

Federal Special Revenue Fund Group

57022

320	440-601	Maternal Child Health Block Grant	$	32,702,100	$	34,335,562	57023
387	440-602	Preventive Health Block Grant	$	9,278,173	$	9,278,173	57024
389	440-604	Women, Infants, and Children	$	185,850,000	$	195,142,500	57025
391	440-606	Medicaid/Medicare	$	24,297,017	$	25,778,700	57026
392	440-618	General Operations	$	74,384,890	$	77,720,166	57027
TOTAL FED Federal Special Revenue							57028
Fund Group			$	326,512,180	$	342,255,101	57029

State Special Revenue Fund Group

57030

3W5	440-611	Title XX Transfer	$	500,000	$	500,000	57031
4D6	440-608	Genetics Services	$	2,725,894	$	2,799,641	57032
4F9	440-610	Sickle Cell Disease Control	$	1,010,091	$	1,035,344	57033
4G0	440-636	Heirloom Birth Certificate	$	1,000	$	1,000	57034
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	57035
4L3	440-609	Miscellaneous Expenses	$	257,548	$	258,570	57036
4T4	440-603	Child Highway Safety	$	224,855	$	233,894	57037
4V6	440-641	Save Our Sight	$	1,232,421	$	1,266,900	57038
470	440-618	General Operations	$	12,364,273	$	12,941,359	57039
471	440-619	Certificate of Need	$	352,598	$	370,524	57040
477	440-627	Medically Handicapped Children Audit	$	4,400,452	$	4,640,498	57041
5B5	440-616	Quality, Monitoring, and Inspection	$	802,502	$	838,479	57042
5C0	440-615	Alcohol Testing and Permit	$	1,395,439	$	1,455,405	57043
5D6	440-620	Second Chance Trust	$	831,924	$	852,723	57044
5L1	440-623	Nursing Facility Technical Assistance Program	$	1,080,000	$	1,157,150	57045
610	440-626	Radiation Emergency Response	$	870,505	$	923,315	57046
666	440-607	Medically Handicapped Children - County Assessments	$	14,039,889	$	14,039,889	57047
TOTAL SSR State Special Revenue							57048
Fund Group			$	42,094,391	$	43,319,691	57049

Holding Account Redistribution Fund Group

57050

R14	440-631	Vital Statistics	$	49,000	$	49,000	57051
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	57052
TOTAL 090 Holding Account							57053
Redistribution Fund Group			$	69,000	$	69,000	57054
TOTAL ALL BUDGET FUND GROUPS			$	493,097,157	$	511,086,912	57055

Section 55.01. HEMOPHILIA SERVICES

57057

Of the foregoing appropriation item 440-406, Hemophilia	57058
Services, $205,000 in each fiscal year shall be used to implement	57059
the Hemophilia Insurance Pilot Project.	57060

Of the foregoing appropriation item 440-406, Hemophilia	57061
Services, up to $245,000 in each fiscal year shall be used by the	57062
Department of Health to provide grants to the nine hemophilia	57063
treatment centers to provide prevention services for persons with	57064
hemophilia and their family members affected by AIDS and other	57065
bloodborne pathogens.	57066

CANCER REGISTRY SYSTEM

57067

Of the foregoing appropriation item 440-412, Cancer Incidence	57068
Surveillance System, $50,000 in each fiscal year shall be provided	57069
to the Northern Ohio Cancer Resource Center.	57070

The remaining moneys in appropriation item 440-412, Cancer	57071
Incidence Surveillance System, shall be used to maintain and	57072
operate the Ohio Cancer Incidence Surveillance System pursuant to	57073
sections 3701.261 to 3701.263 of the Revised Code.	57074

No later than March 1, 2002, the Ohio Cancer Incidence	57075
Surveillance Advisory Board shall report to the General Assembly	57076
on the effectiveness of the cancer incidence surveillance system	57077
and the partnership between the Department of Health and the	57078
Arthur G. James Cancer Hospital and Richard J. Solove Research	57079
Institute of The Ohio State University.	57080

CHILD AND FAMILY HEALTH SERVICES

57081

Of the foregoing appropriation item 440-416, Child and Family	57082
Health Services, $1,700,000 in each fiscal year shall be used for	57083
family planning services. None of the funds received through	57084
these family planning grants shall be used to provide abortion	57085
services. None of the funds received through these family	57086
planning grants shall be used for counseling for or referrals for	57087
abortion, except in the case of a medical emergency. These funds	57088
shall be distributed on the basis of the relative need in the	57089
community served by the Director of Health to family planning	57090
programs, which shall include family planning programs funded	57091
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	57092
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	57093
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	57094
as well as to other family planning programs that the Department	57095
of Health also determines will provide services that are	57096
physically and financially separate from abortion-providing and	57097
abortion-promoting activities, and that do not include counseling	57098
for or referrals for abortion, other than in the case of medical	57099
emergency, with state moneys, but that otherwise substantially	57100
comply with the quality standards for such programs under Title V	57101
and Title X.	57102

The Director of Health, by rule, shall provide reasonable	57103
methods by which a grantee wishing to be eligible for federal	57104
funding may comply with these requirements for state funding	57105
without losing its eligibility for federal funding, while ensuring	57106
that a family planning program receiving a family planning grant	57107
must be organized so that it is physically and financially	57108
separate from the provision of abortion services and from	57109
activities promoting abortion as a method of family planning.	57110

Of the foregoing appropriation item 440-416, Child and Family	57111
Health Services, $150,000 in each fiscal year shall be used to	57112
provide malpractice insurance for physicians and other health	57113
professionals providing prenatal services in programs funded by	57114
the Department of Health.	57115

Of the foregoing appropriation item 440-416, Child and Family	57116
Health Services, $279,000 shall be used in each fiscal year for	57117
the OPTIONS dental care access program.	57118

Of the foregoing appropriation item 440-416, Child and Family	57119
Health Services, $600,000 in each fiscal year shall be used by	57120
local child and family health services clinics to provide services	57121
to uninsured low-income persons.	57122

Of the foregoing appropriation item 440-416, Child and Family	57123
Health Services, $900,000 in each fiscal year shall be used by	57124
federally qualified health centers and federally designated	57125
look-alikes to provide services to uninsured low-income persons.	57126

Of the foregoing appropriation item 440-416, Child and Family	57127
Health Services, $50,000 in each fiscal year shall be used for the	57128
Tree of Knowledge Learning Center in Cleveland Heights.	57129

Of the foregoing appropriation item 440-416, Child and Family	57130
Health Services, $25,000 in fiscal year 2002 shall be provided to	57131
the Suicide Prevention Program of Clermont County.	57132

Of the foregoing appropriation item 440-416, Child and Family	57133
Health Services, $50,000 in fiscal year 2002 shall be provided to	57134
the Discover Health Project.	57135

Of the foregoing appropriation item 440-416, Child and Family	57136
Health Services, $75,000 in fiscal year 2002 shall be provided to	57137
the Mayerson Center.	57138

Of the foregoing appropriation item 440-416, Child and Family	57139
Health Services, $50,000 in fiscal year 2002 shall be provided to	57140
the Central Clinic at the University of Cincinnati.	57141

IMMUNIZATIONS

57142

Of the foregoing appropriation item 440-418, Immunizations,	57143
$125,000 per fiscal year shall be used to provide vaccinations for	57144
Hepatitis B to all qualified underinsured students in the seventh	57145
grade who have not been previously immunized.	57146

Of the foregoing appropriation item 440-418, Immunizations,	57147
up to $25,000 in each fiscal year shall be used to provide	57148
vaccinations for pneumococcal disease for children between the	57149
ages of two and five.	57150

SEXUAL ASSAULT PREVENTION AND INTERVENTION

57151

The foregoing appropriation item 440-419, Sexual Assault	57152
Prevention and Intervention, shall be used for the following	57153
purposes:	57154

(A) Funding of new services in counties with no services for	57155
sexual assault;	57156

(B) Expansion of services provided in currently funded	57157
projects so that comprehensive crisis intervention and prevention	57158
services are offered;	57159

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	57160
projects;	57161

(D) Statewide expansion of local outreach and public	57162
awareness efforts.	57163

HIV/AIDS PREVENTION/TREATMENT

57164

Of the foregoing appropriation item 440-444, AIDS Prevention	57165
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	57166
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	57167
in acquiring HIV-related medications.	57168

The HIV Drug Assistance Program is pursuant to section	57169
3701.241 of the Revised Code and Title XXVI of the "Public Health	57170
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	57171
The Department of Health may adopt rules pursuant to Chapter 119.	57172
of the Revised Code as necessary for the administration of the	57173
program.	57174

INFECTIOUS DISEASE PREVENTION

57175

Notwithstanding section 339.77 of the Revised Code, $60,000	57176
of the foregoing appropriation item 440-446, Infectious Disease	57177
Prevention, shall be used by the Director of Health to reimburse	57178
Boards of County Commissioners for the cost of detaining indigent	57179
persons with tuberculosis. Any portion of the $60,000 allocated	57180
for detainment not used for that purpose shall be used to make	57181
payments to counties pursuant to section 339.77 of the Revised	57182
Code.	57183

Of the foregoing appropriation item 440-446, Infectious	57184
Disease Prevention, $200,000 in each fiscal year shall be used for	57185
the purchase of drugs for sexually transmitted diseases.	57186

HELP ME GROW

57187

The foregoing appropriation item 440-459, Help Me Grow, shall	57188
be used by the Department of Health to distribute subsidies to	57189
counties to implement the Ohio Early Start, Early Intervention,	57190
and Welcome Home Programs. Counties that receive subsidies from	57191
appropriation item 440-459, Help Me Grow, shall use the funds to	57192
provide home-visiting services to newborn infants and their	57193
families, and services to infants and toddlers under three years	57194
of age who are at risk for, or with a, developmental delay or	57195
disability, and their families. Appropriation item 440-459 may be	57196
used in conjunction with Temporary Assistance for Needy Families	57197
from the Department of Job and Family Services, Even Start from	57198
the Department of Education, and in conjunction with other early	57199
childhood funds and services to promote the optimal development of	57200
young children. Local contacts shall be developed between local	57201
departments of job and family services and family and children	57202
first councils for the administration of TANF funding for the Help	57203
Me Grow Program. The Department of Health shall enter into an	57204
interagency agreement with the Department of Education to	57205
coordinate the planning, design, and grant selection process for	57206
any new Even Start grants and to ensure that all new and existing	57207
programs within Help Me grow are school linked.	57208

POISON CONTROL NETWORK

57209

The foregoing appropriation item 440-504, Poison Control	57210
Network, shall be used in each fiscal year by the Department of	57211
Health for grants to the consolidated Ohio Poison Control Center	57212
to provide poison control services to Ohio citizens.	57213

BIRTH DEFECTS INFORMATION SYSTEM

57214

Of the foregoing appropriation item 440-507, Cystic Fibrosis,	57215
$50,000 in each fiscal year shall be used to begin implementation	57216
of the Birth Defects Information System established under Sub.	57217
H.B. 534 of the 123rd General Assembly.	57218

TANF FAMILY PLANNING

57219

The Director of Budget and Management shall transfer by	57220
intrastate transfer voucher, no later than the fifteenth day of	57221
July of each fiscal year, cash from the General Revenue Fund,	57222
appropriation item 600-410, TANF State, to General Services Fund	57223
5C1 in the Department of Health, in an amount of $250,000 in each	57224
fiscal year for the purpose of family planning services for	57225
children or their families whose income is at or below 200 per	57226
cent of the official poverty guideline.	57227

As used in this section, "poverty guideline" means the	57228
official poverty guideline as revised annually by the United	57229
States Secretary of Health and Human Services in accordance with	57230
section 673 of the "Community Services Block Grant Act," 95 Stat.	57231
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	57232
to the size of the family of the person whose income is being	57233
determined.	57234

MATERNAL CHILD HEALTH BLOCK GRANT

57235

Of the foregoing appropriation item 440-601, Maternal Child	57236
Health Block Grant (Fund 320), $2,091,299 shall be used in each	57237
fiscal year for the purposes of abstinence-only education. The	57238
Director of Health shall develop guidelines for the establishment	57239
of abstinence programs for teenagers with the purpose of	57240
decreasing unplanned pregnancies and abortion. Such guidelines	57241
shall be pursuant to Title V of the "Social Security Act," 42	57242
U.S.C.A. 510, and shall include, but are not limited to,	57243
advertising campaigns and direct training in schools and other	57244
locations.	57245

A portion of the foregoing appropriation item 440-601,	57246
Maternal Child Health Block Grant (Fund 320), may be used to	57247
ensure that current information on sudden infant death syndrome is	57248
available for distribution by local health districts.	57249

TITLE XX TRANSFER

57250

Of the foregoing appropriation item 440-611, Title XX	57251
Transfer (Fund 3W5), $500,000 in each fiscal year shall be used	57252
for the purposes of abstinence-only education. The Director of	57253
Health shall develop guidelines for the establishment of	57254
abstinence programs for teenagers with the purpose of decreasing	57255
unplanned pregnancies and abortion. The guidelines shall be	57256
developed pursuant to Title V of the "Social Security Act," 42	57257
U.S.C. 510, and shall include, but are not to be limited to,	57258
advertising campaigns and direct training in schools and other	57259
locations.	57260

GENETICS SERVICES

57261

The foregoing appropriation item 440-608, Genetics Services	57262
(Fund 4D6), shall be used by the Department of Health to	57263
administer programs authorized by sections 3701.501 and 3701.502	57264
of the Revised Code. None of these funds shall be used to counsel	57265
or refer for abortion, except in the case of a medical emergency.	57266

SICKLE CELL FUND

57267

The foregoing appropriation item 440-610, Sickle Cell Disease	57268
Control (Fund 4F9), shall be used by the Department of Health to	57269
administer programs authorized by section 3701.131 of the Revised	57270
Code. The source of the funds is as specified in section 3701.23	57271
of the Revised Code.	57272

SAFETY AND QUALITY OF CARE STANDARDS

57273

The Department of Health may use Fund 471, Certificate of	57274
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	57275
the Revised Code in each fiscal year.	57276

MEDICALLY HANDICAPPED CHILDREN AUDIT

57277

The Medically Handicapped Children Audit Fund (Fund 477)	57278
shall receive revenue from audits of hospitals and recoveries from	57279
third-party payors. Moneys may be expended for payment of audit	57280
settlements and for costs directly related to obtaining recoveries	57281
from third-party payors and for encouraging Medically Handicapped	57282
Children's Program recipients to apply for third-party benefits.	57283
Moneys also may be expended for payments for diagnostic and	57284
treatment services on behalf of medically handicapped children, as	57285
defined in division (A) of section 3701.022 of the Revised Code,	57286
and Ohio residents who are twenty-one or more years of age and who	57287
are suffering from cystic fibrosis. Moneys may also be expended	57288
for administrative expenses incurred in operating the Medically	57289
Handicapped Children's Program.	57290

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	57291
PERMIT FUND	57292

The Director of Budget and Management, pursuant to a plan	57293
submitted by the Department of Health, or as otherwise determined	57294
by the Director of Budget and Management, shall set a schedule to	57295
transfer cash from the Liquor Control Fund (Fund 043) to the	57296
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	57297
needs of the Alcohol Testing and Permit program.	57298

The Director of Budget and Management shall transfer to the	57299
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	57300
Fund (Fund 043) established in section 4301.12 of the Revised Code	57301
such amounts at such times as determined by the transfer schedule.	57302

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

57303

The foregoing appropriation item 440-607, Medically	57304
Handicapped Children - County Assessments (Fund 666), shall be	57305
used to make payments pursuant to division (E) of section 3701.023	57306
of the Revised Code.	57307

Section 55.02. (A) There is hereby created the Health Care	57308
Workforce Shortage Task Force to study the shortage of health care	57309
professionals and health care workers in the health care workforce	57310
and to propose a state plan to address the problem. For the	57311
purposes of the Task Force, "health care professional" and "health	57312
care worker" have the same meanings as in section 2305.234 of the	57313
Revised Code.	57314

(B) The Director of Health shall serve as chair of the	57315
Health Care Workforce Shortage Task Force. The Task Force shall	57316
consist of not more than twenty-one members, who shall serve	57317
without compensation. The Director of Aging, one member of the	57318
Senate, appointed by the President of the Senate, and one member	57319
of the House of Representatives, appointed by the Speaker of the	57320
House of Representatives, shall serve on the Task Force. The	57321
member from the House of Representatives and the member from the	57322
Senate shall be from different political parties. The Director of	57323
Health shall appoint health care professionals and health care	57324
workers representing each of the following organizations:	57325

(1) Ohio Hospital Association;

57326

(2) Ohio Association of Children's Hospitals;

57327

(3) Ohio Council for Home Care;

57328

(4) Ohio Health Care Association;

57329

(5) Ohio Hospice and Palliative Care Organization;

57330

(6) Ohio Association of Philanthropic Homes;

57331

(7) Ohio Commission on Minority Health;

57332

(8) Ohio Nurses Association;

57333

(9) Ohio Pharmacists Association;

57334

(10) Ohio State Medical Association;

57335

(11) Families for Improved Care;

57336

(12) Ohio Association of Health Care Quality;

57337

(13) Ohio Academy of Family Physicians;

57338

(14) Ohio Provider Resource Association;

57339

(15) Ohio Association of Adult Day Services.

57340

(C) The Department of Health shall provide the Task Force	57341
with office space, staff, supplies, services, and other support as	57342
needed.	57343

(D) The Task Force shall do all of the following:

57344

(1) Review the licensing standards for all health care	57345
professionals;	57346

(2) Identify strategies to increase recruitment, retention,	57347
and development of qualified health care professionals and health	57348
care workers in health care settings;	57349

(3) Develop recommendations for improving scopes of practice	57350
to remove unnecessary barriers to high quality provision of health	57351
care;	57352

(4) Develop possible demonstration projects to present	57353
technology's potential to increase the efficiency of health care	57354
personnel;	57355

(5) Recommend education strategies to meet health care	57356
workforce needs.	57357

(E) The Task Force shall submit a report of its findings and	57358
recommendations to the Speaker and Minority Leader of the House of	57359
Representatives and to the President and Minority Leader of the	57360
Senate not later than July 1, 2002. On submission of the report,	57361
the Task Force shall cease to exist.	57362

Section 56. HEF HIGHER EDUCATIONAL FACILITY COMMISSION	57363

Agency Fund Group

57364

461	372-601	Operating Expenses	$	13,080	$	13,900	57365
TOTAL AGY Agency Fund Group			$	13,080	$	13,900	57366
TOTAL ALL BUDGET FUND GROUPS			$	13,080	$	13,900	57367

Section 57. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS	57369

General Revenue Fund

57370

GRF	148-100	Personal Services	$	171,161	$	176,004	57371
GRF	148-200	Maintenance	$	35,821	$	35,751	57372
GRF	148-300	Equipment	$	3,648	$	3,552	57373
TOTAL GRF General Revenue Fund			$	210,630	$	215,307	57374

General Services Fund Group

57375

601	148-602	Gifts and Miscellaneous	$	8,485	$	8,697	57376
TOTAL GSF General Services							57377
Fund Group			$	8,485	$	8,697	57378
TOTAL ALL BUDGET FUND GROUPS			$	219,115	$	224,004	57379

COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW

57380

No later than December 31, 2001, the Commission on	57381
Hispanic/Latino Affairs shall submit to the chairperson and	57382
ranking minority member of the Human Services Subcommittee of the	57383
Finance and Appropriations Committee of the House of	57384
Representatives a report that demonstrates the progress that has	57385
been made toward meeting the Commission's mission statement.	57386

Section 58. OHS OHIO HISTORICAL SOCIETY

57387

General Revenue Fund

57388

GRF	360-501	Operating Subsidy	$	3,784,283	$	3,816,047	57389
GRF	360-502	Site Operations	$	7,471,775	$	7,458,843	57390
GRF	360-503	Ohio Bicentennial Commission	$	1,750,000	$	1,750,000	57391
GRF	360-504	Ohio Preservation Office	$	400,575	$	383,704	57392
GRF	360-505	Afro-American Museum	$	1,049,836	$	1,030,641	57393
GRF	360-506	Hayes Presidential Center	$	708,203	$	695,253	57394
GRF	360-508	Historical Grants	$	1,005,000	$	775,000	57395
TOTAL GRF General Revenue Fund			$	16,169,672	$	15,909,488	57396
TOTAL ALL BUDGET FUND GROUPS			$	16,169,672	$	15,909,488	57397

SUBSIDY APPROPRIATION

57398

Upon approval by the Director of Budget and Management, the	57399
foregoing appropriation items shall be released to the Ohio	57400
Historical Society in quarterly amounts that in total do not	57401
exceed the annual appropriations. The funds and fiscal records of	57402
the society for fiscal years 2002 and 2003 shall be examined by	57403
independent certified public accountants approved by the Auditor	57404
of State, and a copy of the audited financial statements shall be	57405
filed with the Office of Budget and Management. The society shall	57406
prepare and submit to the Office of Budget and Management the	57407
following:	57408

(A) An estimated operating budget for each fiscal year of	57409
the biennium. The operating budget shall be submitted at or near	57410
the beginning of each year.	57411

(B) Financial reports, indicating actual receipts and	57412
expenditures for the fiscal year to date. These reports shall be	57413
filed at least semiannually during the fiscal biennium.	57414

The foregoing appropriations shall be considered to be the	57415
contractual consideration provided by the state to support the	57416
state's offer to contract with the Ohio Historical Society under	57417
section 149.30 of the Revised Code.	57418

OPERATING SUBSIDY

57419

The Director of Budget and Management shall not release the	57420
second quarterly payment for FY 2002 of the foregoing	57421
appropriation item GRF 360-501, Operating Subsidy, to the Ohio	57422
Historical Society until the release of these moneys is approved	57423
by the Controlling Board. The Controlling Board shall not approve	57424
such release until the Ohio Historical Society submits a plan to	57425
the Controlling Board containing a detailed budget with current	57426
and projected costs of operating each state memorial by category,	57427
the sources and amounts of non-state income used at each site, and	57428
the Ohio Historical Society's management plan for each site during	57429
the biennium. The Controlling Board shall consult with the Ohio	57430
Historic Preservation Advisory Board and determine the Ohio	57431
Historical Society's submitted plan to adequately meet the state's	57432
goal of historic preservation prior to the approval of the release	57433
of moneys from GRF 360-501, Operating Subsidy, to the Ohio	57434
Historical Society.	57435

HAYES PRESIDENTIAL CENTER

57436

If a United States government agency, including, but not	57437
limited to, the National Park Service, chooses to take over the	57438
operations or maintenance of the Hayes Presidential Center, in	57439
whole or in part, the Ohio Historical Society shall make	57440
arrangements with the National Park Service or other United States	57441
government agency for the efficient transfer of operations or	57442
maintenance.	57443

HISTORICAL GRANTS	57444

Of the foregoing appropriation item 360-508, Historical	57445
Grants, $50,000 in each fiscal year shall be distributed to the	57446
Hebrew Union College in Cincinnati for the Holocaust Education	57447
Project, $20,000 in fiscal year 2002 shall be distributed to the	57448
Clinton County Historical Society, $60,000 in fiscal year 2002	57449
shall be distributed to the Holbrook College Project, $100,000 in	57450
each fiscal year shall be distributed to the Western Reserve	57451
Historical Society Hale Farm Project, $125,000 in each fiscal year	57452
shall be distributed to the Great lakes Historical Society,	57453
$500,000 in each fiscal year shall be distributed to the Western	57454
Reserve Historical Society, $75,000 in fiscal year 2002 shall be	57455
distributed to the Cincinnati Museum Center, $50,000 in fiscal	57456
year 2002 shall be distributed to the Underground Railroad Freedom	57457
Center, and $25,000 in fiscal year 2002 shall be distributed to	57458
the Emery Theatre.	57459

Section 59. REP OHIO HOUSE OF REPRESENTATIVES	57460

General Revenue Fund

57461

GRF	025-321		Operating Expenses		$	18,654,083		$	19,562,481		57462
TOTAL GRF General Revenue Fund					$	18,654,083		$	19,562,481		57463

General Services Fund Group

57464

103	025-601	House Reimbursement	$	1,287,500	$	1,287,500	57465
4A4	025-602	Miscellaneous Sales	$	33,990	$	33,990	57466
TOTAL GSF General Services							57467
Fund Group			$	1,321,490	$	1,321,490	57468
TOTAL ALL BUDGET FUND GROUPS			$	19,975,573	$	20,883,971	57469

Section 60. IGO OFFICE OF THE INSPECTOR GENERAL	57471

General Revenue Fund

57472

GRF	965-321		Operating Expenses		$	630,334		$	663,877		57473
TOTAL GRF General Revenue Fund					$	630,334		$	663,877		57474

State Special Revenue Fund Group

57475

4Z3	965-602	Special Investigations	$	100,000	$	100,000	57476
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	57477
TOTAL ALL BUDGET FUND GROUPS			$	730,334	$	763,877	57478

Of the foregoing appropriation item 965-602, Special	57479
Investigations, up to $100,000 in each fiscal year may be used for	57480
investigative costs, pursuant to section 121.481 of the Revised	57481
Code.	57482

Section 61. INS DEPARTMENT OF INSURANCE	57483

Federal Special Revenue Fund Group

57484

3U5	820-602	OSHIIP Operating Grant	$	400,000	$	400,000	57485
TOTAL FED Federal Special							57486
Revenue Fund Group			$	400,000	$	400,000	57487

State Special Revenue Fund Group

57488

554	820-601	Operating Expenses - OSHIIP	$	543,101	$	601,773	57489
554	820-606	Operating Expenses	$	20,090,984	$	22,350,783	57490
555	820-605	Examination	$	6,581,705	$	6,963,535	57491
TOTAL SSR State Special Revenue							57492
Fund Group			$	27,215,790	$	29,916,091	57493
TOTAL ALL BUDGET FUND GROUPS			$	27,615,790	$	30,316,091	57494

MARKET CONDUCT EXAMINATION

57495

When conducting a market conduct examination of any insurer	57496
doing business in this state, the Superintendent of Insurance may	57497
assess the costs of the examination against the insurer. The	57498
superintendent may enter into consent agreements to impose	57499
administrative assessments or fines for conduct discovered that	57500
may be violations of statutes or regulations administered by the	57501
superintendent. All costs, assessments, or fines collected shall	57502
be deposited to the credit of the Department of Insurance	57503
Operating Fund (Fund 554).	57504

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

57505

The Superintendent of Insurance may transfer funds from the	57506
Department of Insurance Operating Fund (Fund 554), established by	57507
section 3901.021 of the Revised Code, to the Superintendent's	57508
Examination Fund (Fund 555), established by section 3901.071 of	57509
the Revised Code, only for the expenses incurred in examining	57510
domestic fraternal benefit societies as required by section	57511
3921.28 of the Revised Code.	57512

Section 62. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

57513

General Revenue Fund

57514

GRF	600-100	Personal Services					57515
		State	$	56,614,143	$	58,715,838	57516
		Federal	$	18,645,558	$	19,317,882	57517
		Personal Services Total	$	75,259,701	$	78,033,720	57518
GRF	600-200	Maintenance					57519
		State	$	30,439,164	$	24,320,541	57520
		Federal	$	7,295,237	$	5,828,810	57521
		Maintenance Total	$	37,734,401	$	30,149,351	57522
GRF	600-300	Equipment					57523
		State	$	5,469,830	$	979,504	57524
		Federal	$	179,026	$	32,059	57525
		Equipment Total	$	5,648,856	$	1,011,563	57526
GRF	600-402	Electronic Benefits Transfer (EBT)					57527
		State	$	7,551,305	$	7,715,079	57528
		Federal	$	7,551,305	$	7,715,079	57529
		EBT Total	$	15,102,610	$	15,430,158	57530
GRF	600-410	TANF State	$	268,636,561	$	268,619,061	57531
GRF	600-413	Day Care Match/Maintenance of Effort	$	84,120,606	$	84,120,606	57532
GRF	600-416	Computer Projects					57533
		State	$	137,583,171	$	142,908,736	57534
		Federal	$	32,665,206	$	34,770,353	57535
		Computer Projects Total	$	170,248,377	$	177,679,089	57536
GRF	600-420	Child Support Administration	$	7,919,511	$	7,885,309	57537
GRF	600-426	Children's Health Insurance Plan (CHIP)					57538
		State	$	7,071,338	$	8,570,373	57539
		Federal	$	17,473,395	$	21,177,537	57540
		CHIP Total	$	24,544,733	$	29,747,910	57541
GRF	600-427	Child and Family Services Activities	$	7,189,086	$	7,000,427	57542
GRF	600-435	Unemployment Compensation Review Commission	$	3,759,151	$	3,785,380	57543
GRF	600-436	Medicaid Systems Enhancements	$	4,445,384	$	1,853,611	57544
GRF	600-502	Child Support Match	$	17,383,992	$	16,814,103	57545
GRF	600-504	Non-TANF County Administration	$	70,554,373	$	68,697,679	57546
GRF	600-511	Disability Assistance/Other Assistance	$	79,562,017	$	89,752,408	57547
GRF	600-512	Non-TANF Emergency Assistance	$	1,079,000	$	1,079,000	57548
GRF	600-522	Burial Claims	$	25,000	$	25,000	57549
GRF	600-525	Health Care/Medicaid					57550
		State	$	2,847,181,745	$	3,059,934,875	57551
		Federal	$	4,087,925,198	$	4,384,423,698	57552
		Health Care Total	$	6,935,106,943	$	7,444,358,573	57553
GRF	600-527	Child Protective Services	$	59,592,059	$	64,047,479	57554
GRF	600-528	Adoption Services					57555
		State	$	31,385,023	$	34,597,562	57556
		Federal	$	30,506,168	$	33,628,748	57557
		Adoption Services Total	$	61,891,191	$	68,226,310	57558
GRF	600-534	Adult Protective Services	$	2,850,975	$	2,775,950	57559
GRF	600-552	County Social Services	$	11,354,550	$	11,055,746	57560
TOTAL GRF General Revenue Fund							57561
		State	$	3,741,767,984	$	3,965,254,267	57562
		Federal	$	4,202,241,093	$	4,506,894,166	57563
		GRF Total	$	7,944,009,077	$	8,742,148,433	57564

General Services Fund Group

57565

4A8	600-658	Child Support Collections	$	42,389,027	$	42,389,027	57566
4R4	600-665	BCII Service Fees	$	124,522	$	136,974	57567
5C9	600-671	Medicaid Program Support	$	50,846,239	$	59,226,893	57568
5R1	600-677	County Computers	$	5,000,000	$	5,000,000	57569
613	600-645	Training Activities	$	1,462,626	$	1,157,525	57570
TOTAL GSF General Services							57571
Fund Group			$	99,822,414	$	107,910,419	57572

Federal Special Revenue Fund Group

57573

3A2	600-641	Emergency Food Distribution	$	2,018,844	$	2,018,844	57574
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	57575
3F0	600-623	Health Care Federal	$	175,148,990	$	168,503,630	57576
3F0	600-650	Hospital Care Assurance Match	$	292,915,017	$	276,736,571	57577
3G5	600-655	Interagency Reimbursement	$	852,461,818	$	860,986,436	57578
3G9	600-657	Special Activities Self Sufficiency	$	522,500	$	190,000	57579
3H7	600-617	Day Care Federal	$	299,156,430	$	337,848,130	57580
3N0	600-628	IV-E Foster Care Maintenance	$	152,981,760	$	173,963,142	57581
3S5	600-622	Child Support Projects	$	534,050	$	534,050	57582
3V0	600-688	Workforce Investment Act	$	128,476,093	$	128,476,093	57583
3V4	600-678	Federal Unemployment Programs	$	74,025,525	$	74,025,525	57584
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	2,286,421	$	2,286,421	57585
3V6	600-689	TANF Block Grant	$	654,410,661	$	677,098,311	57586
3V6	600-690	Wellness	$	14,337,515	$	14,337,515	57587
316	600-602	State and Local Training	$	10,166,587	$	10,325,460	57588
327	600-606	Child Welfare	$	34,594,191	$	34,592,977	57589
331	600-686	Federal Operating	$	41,600,896	$	41,640,897	57590
365	600-681	JOB Training Program	$	25,000,000	$	5,469,259	57591
384	600-610	Food Stamps and State Administration	$	160,371,358	$	161,716,857	57592
385	600-614	Refugee Services	$	4,388,503	$	4,559,632	57593
395	600-616	Special Activities/Child and Family Services	$	9,491,000	$	9,491,000	57594
396	600-620	Social Services Block Grant	$	51,195,100	$	51,297,478	57595
397	600-626	Child Support	$	248,001,590	$	247,353,041	57596
398	600-627	Adoption Maintenance/ Administration	$	277,806,175	$	341,298,661	57597
TOTAL FED Federal Special Revenue							57598
Fund Group			$	3,513,931,548	$	3,626,790,454	57599

State Special Revenue Fund Group

57600

198	600-647	Children's Trust Fund	$	4,368,785	$	4,379,333	57601
3W3	600-695	Adult Protective Services	$	120,227	$	120,227	57602
3W3	600-696	Non-TANF Adult Assistance	$	1,000,000	$	1,000,000	57603
3W8	600-638	Hippy Program	$	62,500	$	62,500	57604
3W9	600-640	Adoption Connection	$	50,000	$	50,000	57605
4A9	600-607	Unemployment Compensation Admin Fund	$	9,420,000	$	9,420,000	57606
4E3	600-605	Nursing Home Assessments	$	95,511	$	95,511	57607
4E7	600-604	Child and Family Services Collections	$	145,805	$	149,450	57608
4F1	600-609	Foundation Grants/Child and Family Services	$	116,400	$	119,310	57609
4J5	600-613	Nursing Facility Bed Assessments	$	31,179,798	$	31,279,798	57610
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	57611
4K1	600-621	ICF/MR Bed Assessments	$	21,604,331	$	22,036,418	57612
4R3	600-687	Banking Fees	$	592,937	$	592,937	57613
4V2	600-612	Child Support Activities	$	124,993	$	124,993	57614
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	57615
5A5	600-685	Unemployment Benefit Automation	$	19,607,027	$	13,555,667	57616
5E6	600-634	State Option Food Stamps	$	6,000,000	$	6,000,000	57617
5P4	600-691	TANF Child Welfare	$	7,500,000	$	7,500,000	57618
5P5	600-692	Health Care Services	$	223,847,498	$	255,386,713	57619
651	600-649	Hospital Care Assurance Program Fund	$	203,298,801	$	192,070,088	57620
TOTAL SSR State Special Revenue							57621
Fund Group			$	554,834,613	$	569,642,945	57622

Agency Fund Group

57623

192	600-646	Support Intercept - Federal	$	80,000,000	$	82,000,000	57624
5B6	600-601	Food Stamp Intercept	$	5,283,920	$	5,283,920	57625
583	600-642	Support Intercept - State	$	20,162,335	$	20,565,582	57626
TOTAL AGY Agency Fund Group			$	105,446,255	$	107,849,502	57627

Holding Account Redistribution Fund Group

57628

R12	600-643	Refunds and Audit Settlements	$	200,000	$	200,000	57629
R13	600-644	Forgery Collections	$	700,000	$	700,000	57630
TOTAL 090 Holding Account Redistribution							57631
Fund Group			$	900,000	$	900,000	57632
TOTAL ALL BUDGET FUND GROUPS			$	12,218,943,907	$	12,885,241,753	57633

Section 62.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL	57635
ASSEMBLY	57636

In addition to other reporting requirements established in	57637
the Revised Code, the Department of Job and Family Services shall,	57638
not later than June 30, 2002, at the request of the Finance and	57639
Appropriations Committee of the House of Representatives, report	57640
to the General Assembly on the department's performance in	57641
carrying out its mission and include in the report at least the	57642
following: the long-term planning and vision for the various	57643
elements of the Department of Job and Family Services, and an	57644
analysis of the fund balances and cash flow in the department's	57645
budget.	57646

Section 62.02. ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

57647

Each fiscal year, the Director of Budget and Management shall	57648
transfer $3,500,000 in appropriation authority from appropriation	57649
item 600-410, TANF State, to State Special Revenue Fund 5B7	57650
appropriation item 038-629, TANF Transfer-Treatment, and	57651
$1,500,000 in appropriation authority from appropriation item	57652
600-410, TANF State, to State Special Revenue Fund 5E8	57653
appropriation item 038-630, TANF Transfer-Mentoring, in the	57654
Department of Alcohol and Drug Addiction Services. The	57655
Department of Alcohol and Drug Addiction Services shall comply	57656
with all TANF reporting requirements and timelines specified by	57657
the Department of Job and Family Services.	57658

Section 62.03. DISABILITY ASSISTANCE

57659

The following schedule shall be used to determine monthly	57660
grant levels in the Disability Assistance Program effective July	57661
1, 2001.	57662

	Persons in				57663
	Assistance Group		Monthly Grant		57664

	1	$115	57665
	2	159	57666
	3	193	57667
	4	225	57668
	5	251	57669
	6	281	57670
	7	312	57671
	8	361	57672
	9	394	57673
	10	426	57674
	11	458	57675
	12	490	57676
	13	522	57677
	14	554	57678
For each additional person add		40	57679

Section 62.04. ADULT EMERGENCY ASSISTANCE PROGRAM

57680

Appropriations in appropriation item 600-512, Non-TANF	57681
Emergency Assistance, in each fiscal year shall be used for the	57682
Adult Emergency Assistance Program established under section	57683
5101.86 of the Revised Code.	57684

Section 62.05. HEALTH CARE/MEDICAID	57685

The foregoing appropriation item 600-525, Health	57686
Care/Medicaid, shall not be limited by the provisions of section	57687
131.33 of the Revised Code.	57688

Section 62.06. CHILD SUPPORT COLLECTIONS/TANF MOE

57689

The foregoing appropriation item 600-658, Child Support	57690
Collections, shall be used by the Department of Job and Family	57691
Services to meet the TANF maintenance of effort requirements of	57692
Pub. L. No. 104-193. After the state has met the maintenance of	57693
effort requirement, the Department of Job and Family Services may	57694
use funds from appropriation item 600-658 to support public	57695
assistance activities.	57696

Section 62.07. MEDICAID PROGRAM SUPPORT FUND - STATE

57697

The foregoing appropriation item 600-671, Medicaid Program	57698
Support, shall be used by the Department of Job and Family	57699
Services to pay for Medicaid services and contracts.	57700

Section 62.08. HOSPITAL CARE ASSURANCE MATCH FUND

57701

Appropriation item 600-650, Hospital Care Assurance Match,	57702
shall be used by the Department of Job and Family Services in	57703
accordance with division (B) of section 5112.18 of the Revised	57704
Code.	57705

Section 62.09. TANF

57706

TANF COUNTY INCENTIVES

57707

Of the foregoing appropriation item 600-689, TANF Block	57708
Grant, the Department of Job and Family Services may provide	57709
financial incentives to those county departments of job and family	57710
services that have exceeded performance standards adopted by the	57711
state department, and where the board of county commissioners has	57712
entered into a written agreement with the state department under	57713
section 5101.21 of the Revised Code governing the administration	57714
of the county department. Any financial incentive funds provided	57715
pursuant to this division shall be used by the county department	57716
for additional or enhanced services for families eligible for	57717
assistance under Chapter 5107. or benefits and services under	57718
Chapter 5108. of the Revised Code or, on request by the county and	57719
approval by the Department of Job and Family Services, be	57720
transferred to the Child Care and Development Fund or the Social	57721
Services Block Grant. The county departments of job and family	57722
services may retain and expend such funds without regard to the	57723
state or county fiscal year in which the financial incentives were	57724
earned or paid. Each county department of job and family services	57725
shall file an annual report with the Department of Job and Family	57726
Services providing detailed information on the expenditure of	57727
these financial incentives and an evaluation of the effectiveness	57728
of the county department's use of these funds in achieving	57729
self-sufficiency for families eligible for assistance under	57730
Chapter 5107. or benefits and services under Chapter 5108. of the	57731
Revised Code.	57732

TANF YOUTH DIVERSION PROGRAMS

57733

Of the foregoing appropriation item 600-689, TANF Block	57734
Grant, $19,500,000 in each fiscal year shall be allocated by the	57735
Department of Job and Family Services to the counties according to	57736
the allocation formula established in division (D) of section	57737
5101.14 of the Revised Code. Of the funds allocated to each	57738
county, up to half may be used for contract or county-provided	57739
services for unruly and misdemeanant diversionary programs. The	57740
juvenile court in each county shall have a right of first refusal	57741
for the use of these funds for the purpose of juvenile diversion	57742
activities in accordance with the county's comprehensive joint	57743
service plan, as provided by divisions (C), (D), and (E) of	57744
section 121.37 of the Revised Code.	57745

The remaining funds not allocated for use in juvenile	57746
diversion activities may be used by the county for other contract	57747
or county-provided child welfare services. In counties with	57748
separate departments of job and family services and public	57749
children services agencies, the county department of job and	57750
family services shall serve as a pass through to the public	57751
children services agencies for these funds. Separate public	57752
children services agencies receiving such funds shall comply with	57753
all TANF requirements, including reporting requirements and	57754
timelines, as specified in state and federal laws, federal	57755
regulations, state rules, and the Title IV-A state plan, and are	57756
responsible for payment of any adverse audit finding, final	57757
disallowance of federal financial participation, or other sanction	57758
or penalty issued by the federal government or other entity	57759
concerning these funds.	57760

Of the foregoing $19,500,000 set aside, any funds remaining	57761
unspent on June 30, 2002, shall be carried forward and added to	57762
the earmark for fiscal year 2003, and allocated to the counties	57763
according to the allocation formula established in division (D) of	57764
section 5101.14 of the Revised Code.	57765

KINSHIP NAVIGATORS

57766

Of the foregoing appropriation item 600-689, TANF Block	57767
Grant, up to $3 million in each fiscal year shall be allocated by	57768
the Department of Job and Family Services to county departments of	57769
job and family services for the purpose of making allocations to	57770
local public children services agencies to provide services in the	57771
Kinship Navigation program. The allocation to county departments	57772
of job and family services shall be based on the number of Ohio	57773
works first cases in the county, and the number of children	57774
seventeen years of age or younger in the county. The Department of	57775
Job and Family Services shall develop an appropriate method of	57776
reallocating these funds in each fiscal year among the county	57777
deparments of job and family services, if they would otherwise be	57778
unspent.	57779

TANF FAITH-BASED CAPACITY-BUILDING PROGRAMS

57780

From the foregoing appropriation item 600-689, TANF Block	57781
Grant, up to $1,000,000 in each fiscal year shall be used to	57782
support capacity-building efforts among faith-based organizations,	57783
for the purpose of providing allowable services to TANF-eligible	57784
individuals. Organizations receiving these funds shall comply	57785
with all TANF requirements, and shall agree with the Department of	57786
Job and Family Services on reporting requirements to be	57787
incorporated into the grant agreement.	57788

TANF EDUCATION

57789

Not later than July 15, 2002, the Director of Budget and	57790
Management shall transfer $35,000,000 in appropriation authority	57791
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to	57792
Fund 3W6, TANF Education, in the Department of Education, which is	57793
created in the State Treasury. The transferred funds shall be	57794
used for the purpose of providing allowable services to	57795
TANF-eligible individuals.	57796

Not later than July 15, 2001, the Director of Budget and	57797
Management shall transfer $76,156,175 from Fund 3V6, TANF Block	57798
Grant, to Fund 3W6, TANF Education, in the Department of	57799
Education. Not later than July 15, 2002, the Director of Budget	57800
and Management shall transfer $98,843,825 from Fund 3V6, TANF	57801
Block Grant, to Fund 3W6, TANF Education, in the Department of	57802
Education. The transferred funds shall be used for the purpose of	57803
providing allowable services to TANF-eligible individuals. The	57804
Department of Education shall comply with all TANF requirements,	57805
including reporting requirements and timelines, as specified in	57806
state and federal laws, federal regulations, state rules, and the	57807
Title IV-A state plan, and is responsible for payment of any	57808
adverse audit finding, final disallowance of federal financial	57809
participation, or other sanction or penalty issued by the federal	57810
government or other entity concerning these funds.	57811

TANF ADULT LITERACY AND CHILD READING PROGRAMS

57812

From the foregoing appropriation item 600-689, TANF Block	57813
Grant, up to $5,000,000 in each fiscal year shall be used to	57814
support local adult literacy and child reading programs.	57815

COMMUNITY SERVICE CENTERS

57816

In each fiscal year, some portion of the TANF funds allocated	57817
to Butler, Lorain, Mahoning, and Richland counties from	57818
appropriation items 600-410, TANF State, or 600-689, TANF Block	57819
Grant, or a combination of both, shall be used to provide	57820
allowable services to TANF-eligible individuals who are tenants at	57821
a former hospital facility that is now controlled by a community	57822
development corporation and operated as a community service	57823
center.	57824

TALBERT HOUSE

57825

In each fiscal year, the Director of Job and Family Services	57826
shall provide $100,500 from appropriation item 600-689, TANF Block	57827
Grant, to the Hamiliton County Department of Job and Family	57828
Services to contract with the Talbert House for the purpose of	57829
providing allowable servcies to TANF-eligible individuals. The	57830
Hamilton County Department of Job and Family Services and the	57831
Talbert House shall agree on reporting requirements that meet all	57832
TANF reporting requirements and timelines specified by the	57833
Department of Job and Family Services to be incorporated into the	57834
contract.	57835

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

57836

In each fiscal year, the Director of Job and Family Services	57837
shall provide $500,000 from appropriation item 600-689, TANF Block	57838
Grant, to the Montgomery County Department of Job and Family	57839
Services to be used to support the Out-of-School Youth Project in	57840
Montgomery County for the purpose of providing allowable services	57841
to TANF-eligible individuals. The Montgomery County Department of	57842
Job and Family Services and the Sinclair Community College shall	57843
comply with all TANF requirements, including reporting	57844
requirements and timelines, as specified in state and federal	57845
laws, federal regulations, state rules, and the Title IV-A state	57846
plan.	57847

DYS COMPREHENSIVE STRATEGIES

57848

No later than July 15, 2001, the Director of Budget and	57849
Management shall transfer $5,000,000 in appropriation authority	57850
from appropriation item 600-689, TANF Block Grant, to Federal	57851
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer	57852
- Comprehensive Strategies, in the Department of Youth Services.	57853
These funds shall be used by the Department of Youth Services to	57854
make grants to local communities to establish models of	57855
inter-system collaboration to prevent children from entering the	57856
juvenile justice system. In making the grants, the Department of	57857
Youth Services shall require that grantees use the funds only to	57858
plan, develop, or enhance collaborative models. Funds provided to	57859
grantees may not be used for any type of direct or purchased	57860
services. The Department of Youth Services shall comply with all	57861
TANF requirements, including reporting requirements and timelines,	57862
as specified in state and federal laws, federal regulations, state	57863
rules, and the Title IV-A state plan, and is responsible for	57864
payment of any adverse audit finding, final disallowance of	57865
federal financial participation, or other sanction or penalty	57866
issued by the federal government or other entity concerning these	57867
funds.	57868

TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER	57869
PROGRAM	57870

No later than July 15, 2001, the Director of Budget and	57871
Management shall transfer $5,200,000 in appropriation authority	57872
from appropriation item 600-689, TANF Block Grant, to	57873
appropriation item 195-497, CDBG Operating Match, in the	57874
Department of Development. No later than July 15, 2002, the	57875
Director of Budget and Management shall transfer $6,500,000 in	57876
appropriation authority from appropriation item 600-689, TANF	57877
Block Grant, to appropriation item 195-497, CDBG Operating Match,	57878
in the Department of Development. These funds shall be used to	57879
provide supportive services for low-income families related to	57880
housing or homelessness, including housing counseling; to provide	57881
grants to nonprofit organizations to assist families with incomes	57882
at or below 200 per cent of the federal poverty guidelines with	57883
down-payment assistance for homeownership, including the purchase	57884
of mobile homes; to provide emergency home repair funding for	57885
families with incomes at or below 200 per cent of the federal	57886
poverty guidelines; to provide operating support for family	57887
emergency shelter programs; and to provide emergency rent and	57888
mortgage assistance for families with incomes at or below 200 per	57889
cent of the federal poverty guidelines. The funds shall not be	57890
used to match federal funds. The Department of Development shall	57891
comply with all TANF requirements, including reporting	57892
requirements and timelines, as specified in state and federal	57893
laws, federal regulations, state rules, and the Title IV-A state	57894
plan, and is responsible for payment of any adverse audit finding,	57895
final disallowance of federal financial participation, or other	57896
sanction or penalty issued by the federal government or other	57897
entity concerning these funds.	57898

TANF FAMILY PLANNING

57899

The Director of Budget and Management shall transfer by	57900
intrastate voucher, no later than the fifteenth day of July of	57901
each fiscal year, cash from the General Revenue Fund,	57902
appropriation item 600-410, TANF State, to General Services Fund	57903
5C1 in the Department of Health, in an amount of $250,000 in each	57904
fiscal year for the purpose of family planning services for	57905
children or their families whose income is at or below 200 per	57906
cent of the official poverty guideline.	57907

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

57908

From the foregoing appropriation items 600-410, TANF State;	57909
600-658, Child Support Collections; or 600-689, TANF Block Grant,	57910
or a combination of these appropriation items, no less than	57911
$369,040,735 in each fiscal year shall be allocated to county	57912
departments of job and family services as follows:	57913

County Allocations	$276,586,957	57914
WIA Supplement	$35,109,178	57915
Early Start - Statewide	$38,034,600	57916
Transportation	$5,000,000	57917
County Training	$3,050,000	57918
Adult Literacy and Child		57919
ading Programs	$5,000,000	57920
Disaster Relief	$5,000,000	57921
School Readiness Centers	$1,260,000	57922

Upon the request of the Department of Job and Family	57923
Services, the Director of Budget and Management may seek	57924
Controlling Board approval to increase appropriations in	57925
appropriation item 600-689, TANF Block Grant, provided sufficient	57926
Federal TANF Block Grant funds exist to do so, without any	57927
corresponding decrease in other appropriation items. The	57928
Department of Job and Family Services shall provide the Office of	57929
Budget and Management and the Controlling Board with documentation	57930
to support the need for the increased appropriation.	57931

All transfers of moneys from or charges against TANF Federal	57932
Block Grant awards for use in the Social Services Block Grant or	57933
the Child Care and Development Block Grant from either unobligated	57934
prior year appropriation authority in appropriation item 400-411,	57935
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	57936
from fiscal year 2002 and fiscal year 2003 appropriation authority	57937
in item 600-689, TANF Block Grant, shall be done ten days after	57938
the Department of Job and Family Services gives written notice to	57939
the Office of Budget and Management. The Department of Job and	57940
Family Services shall first provide the Office of Budget and	57941
Management with documentation to support the need for such	57942
transfers or charges for use in the Social Services Block Grant or	57943
in the Child Care Development Block Grant.	57944

The Department of Job and Family Services shall in each	57945
fiscal year of the biennium transfer the maximum amount of funds	57946
from the federal TANF Block Grant to the federal Social Services	57947
Block Grant as permitted under federal law. Not later than July	57948
15, 2001, the Director of Budget and Management shall transfer	57949
$60,000,000 in receipts from TANF Block Grant funds that have been	57950
credited to the Social Services Block Grant to State Special	57951
Revenue Fund 5Q8, in the Office of Budget and Management. Not	57952
later than June 1, 2002, the Director of Budget and Management	57953
shall determine the amount of funds in State Special Revenue Fund	57954
XXX that is needed for the purpose of balancing the General	57955
Revenue Fund, and may transfer that amount to the General Revenue	57956
Fund. That amount is hereby appropriated. Any moneys remaining in	57957
State Special Revenue Fund 5Q8 on June 15, 2002, shall be	57958
transferred not later than June 20, 2002 to Fund 3V6, TANF Block	57959
Grant, in the Department of Job and Family Services. Not later	57960
than July 15, 2002, the Director of Budget and Management shall	57961
transfer to State Special Revenue Fund 5Q8, from Fund 3V6 in the	57962
Department of Job and Family Services, the amount of funds that	57963
remained in Special Revenue Fund 5Q8 on June 15, 2002, and that	57964
were transferred to Fund 3V6. Not later than June 1, 2003, the	57965
Director of Budget and Management shall determine the amount of	57966
funds in State Special Revenue Fund 5Q8 that is needed for the	57967
purpose of balancing the General Revenue Fund, and may transfer	57968
that amount to the General Revenue Fund. That amount is hereby	57969
appropriated. Any moneys remaining in State Special Revenue Fund	57970
5Q8 on June 15, 2003, shall be transferred not later than June 20,	57971
2003, to Fund 3V6, TANF Block Grant, in the Department of Job and	57972
Family Services.	57973

Before the thirtieth day of September of each fiscal year,	57974
the Department of Job and Family Services shall file claims with	57975
the United States Department of Health and Human Services for	57976
reimbursement for all allowable expenditures for services provided	57977
by the Department of Job and Family Services, or other agencies	57978
that may qualify for Social Services Block Grant funding pursuant	57979
to Title XX of the Social Security Act. The Department of Job and	57980
Family Services shall deposit, during each fiscal year, into Fund	57981
5E6, State Option Food Stamps, $6 million, into Fund 5P4, TANF	57982
Child Welfare, $7.5 million, into Fund 3W5, Health Care Services,	57983
$500,000, into Fund 3W8, Hippy Program, $62,500, and into Fund	57984
3W9, Adoption Connection, $50,000 and deposit in fiscal year 2002,	57985
into Fund 3W2, Title XX Vocational Rehabilitation, $600,000, and	57986
into Fund 3W3, Adult Special Needs, $2,920,227 and deposit in	57987
fiscal year 2003, into Fund 3W2, Title XX Vocational	57988
Rehabilitation, $897,052, and into Fund 3W3, Adult Special Needs,	57989
$6,520,227 in receipts from TANF Block Grant funds credited to the	57990
Social Services Block Grant. On verification of the receipt of	57991
the above revenue, the funds provided by these transfers shall be	57992
used as follows:	57993

Fund 5E6		57994
Second Harvest Food Bank	$4,500,000	57995
Child Nutrition Services	$900,000	57996
Ohio Alliance of Boys and Girls Clubs	$600,000	57997

Fund 5P4		57998
Support and Expansion for PCSA Activities	$5,500,000	57999
Pilot Projects for Violent and Aggressive Youth	$2,000,000	58000

Fund 3W2		58001
Title XX Vocational Rehabilitation in fiscal year 2002	$600,000	58002
Title XX Vocational Rehabilitation in fiscal year 2003	$897,052	58003

Fund 3W3		58004
Adult Protective Services in fiscal year 2002	$120,227	58005
Adult Protective Services in fiscal year 2003	$120,227	58006
Non-TANF Adult Assistance in fiscal year 2002	$1,000,000	58007
Non-TANF Adult Assistance in fiscal year 2003	$1,000,000	58008
Community-Based Correctional Facilities in fiscal year 2002	$1,800,000	58009
Community-Based Correctional Facilities in fiscal year 2003	$5,400,000	58010

	Fund 3W5				58011
	Abstinence-only Education	$500,000			58012

	Fund 3W8				58013
	Hippy Program	$62,500			58014

	Fund 3W9				58015
	Adoption Connection	$50,000			58016

WELLNESS

58017

The foregoing appropriation item 600-690, Wellness, shall be	58018
used by county departments of job and family services for teen	58019
pregnancy prevention programming. Local contracts shall be	58020
developed between county departments of job and family services	58021
and local family and children first councils for the	58022
administration of TANF funding for this program.	58023

Section 62.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

58024

The Department of Job and Family Services may use up to	58025
$4,500,000 of appropriation item 600-634, State Options Food	58026
Stamps (Fund 5E6), in each fiscal year of the biennium to support	58027
expenditures to the Ohio Association of Second Harvest Food Banks	58028
pursuant to the following criteria.	58029

As used in this section, "federal poverty guidelines" has the	58030
same meaning as in section 5101.46 of the Revised Code.	58031

The Department of Job and Family Services shall provide an	58032
annual grant of $4,500,000 in each of the fiscal years 2002 and	58033
2003 to the Ohio Association of Second Harvest Food Banks. In	58034
each fiscal year, the Ohio Association of Second Harvest Food	58035
Banks shall use $2,500,000 for the purchase of food products for	58036
the Ohio Food Program, of which up to $105,000 may be used for	58037
food storage and transport, and shall use $2,000,000 for the	58038
Agricultural Surplus Production Alliance Project. Funds provided	58039
for the Ohio Food Program shall be used to purchase food products	58040
and distribute those food products to agencies participating in	58041
the emergency food distribution program. No funds provided	58042
through this grant may be used for administrative expenses other	58043
than funds provided for food storage and transport. As soon as	58044
possible after entering into a grant agreement at the beginning of	58045
the fiscal year, the Department of Job and Family Services shall	58046
distribute the grant funds in one single payment. The Ohio	58047
Association of Second Harvest Food Banks shall develop a plan for	58048
the distribution of the food products to local food distribution	58049
agencies. Agencies receiving these food products shall ensure	58050
that individuals and families who receive any of the food products	58051
purchased with these funds have an income at or below 150 per cent	58052
of the federal poverty guidelines. The Department of Job and	58053
Family Services and the Ohio Association of Second Harvest Food	58054
Banks shall agree on reporting requirements to be incorporated	58055
into the grant agreement.	58056

The Ohio Association of Second Harvest Food Banks shall	58057
return any fiscal year 2002 funds from this grant remaining	58058
unspent on June 30, 2002, to the Department of Job and Family	58059
Services no later than November 1, 2002. The Ohio Association of	58060
Second Harvest Food Banks shall return any fiscal year 2003 funds	58061
from this grant remaining unspent on June 30, 2003, to the	58062
Department no later than November 1, 2003.	58063

Section 62.11. CHILD NUTRITION SERVICES

58064

The Department of Job and Family Services may use up to	58065
$900,000 in each fiscal year of appropriation item 600-634, State	58066
Option Food Stamps(Fund 5E6), to support Child Nutrition Services	58067
in the Department of Education. As soon as possible after the	58068
effective date of this section, the Department of Job and Family	58069
Services shall enter into an interagency agreement with the	58070
Department of Education to reimburse the 19 pilot programs that	58071
provide nutritional evening meals to adolescents 13 through 18	58072
years of age participating in educational or enrichment activities	58073
at youth development centers. Such funds shall not be used as	58074
matching funds. Eligibility and reporting guidelines shall be	58075
detailed in the interagency agreement.	58076

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

58077

Of the foregoing appropriation item 600-634, State Option	58078
Food Stamps (Fund 5E6), the Department of Job and Family Services	58079
shall use up to $600,000 in each fiscal year to support	58080
expenditures of the Ohio Alliance of Boys and Girls Clubs to	58081
provide nutritional meals, snacks, and educational and enrichment	58082
services, including tutoring, homework assistance, and	58083
standardized achievement test preparation, to children	58084
participating in programs and activities operated by eligible Boys	58085
and Girls Clubs. The Ohio Alliance of Boys and Girls Clubs shall	58086
provide allowable services to Title XX eligible children.	58087

As soon as possible after entering into a grant agreement at	58088
the beginning of the fiscal year, the Department of Job and Family	58089
Services shall distribute the grant funds in one single payment.	58090
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal	58091
year 2002 funds from this grant remaining unspent on June 30,	58092
2002, to the Department of Job and Family Services not later than	58093
November 1, 2002. The Ohio Alliance of Boys and Girls Clubs shall	58094
return any fiscal year 2003 funds from this grant remaining	58095
unspent on June 30, 2003, to the Department of Job and Family	58096
Services not later than November 1, 2003.	58097

Section 62.12. PRESCRIPTION DRUG REBATE FUND

58098

The foregoing appropriation item 600-692, Health Care	58099
Services, shall be used by the Department of Job and Family	58100
Services in accordance with section 5111.081 of the Revised Code.	58101

Section 62.13. MEDICAID PHARMACY SERVICES FOR NURSING HOME	58102
RESIDENTS	58103

(A) As used in this section:

58104

(1) "Nursing home" has the same meaning as in section	58105
3721.01 of the Revised Code.	58106

(2) "Pharmacy provider" has the same meaning as in rule	58107
5101:3-9-01 of the Administrative Code.	58108

(3) "Wholesale acquisition cost" is the cost of a particular	58109
drug estimated by the Department of Job and Family Services by	58110
periodic review of pricing information from drug wholesalers in	58111
this state, pharmaceutical manufacturers, and one or more pharmacy	58112
pricing update services.	58113

(B) During the first quarter of the biennium ending June 30,	58114
2003, a pharmacy provider shall be reimbursed for the pharmacy	58115
services provided to a Medicaid recipient who resides in a nursing	58116
home at a rate of the wholesale acquisition cost plus nine per	58117
cent plus any applicable dispensing fee. During each quarter of	58118
the biennium thereafter, the pharmacy provider shall be reimbursed	58119
for such services at a rate determined by comparing the provider's	58120
average monthly cost of providing such services in the immediately	58121
preceding quarter to the statewide average monthly cost of	58122
providing such services on March 31, 2001. The Department of Job	58123
and Family Services shall make the comparison at the end of each	58124
quarter of the biennium and shall take into account an adequate	58125
factor for inflation in the cost of drugs.	58126

If the provider's average monthly cost of such services in	58127
the quarter being examined is equal to or greater than the	58128
statewide average monthly cost of such services on March 31, 2001,	58129
the provider shall be reimbursed at a rate of the wholesale	58130
acquisition cost plus nine per cent plus any applicable dispensing	58131
fee. If the provider's average monthly cost of such services is	58132
less than the statewide average monthly cost of such services on	58133
March 31, 2001, the provider shall be reimbursed at a rate of the	58134
wholesale acquisition cost plus eleven per cent, plus any	58135
applicable dispensing fee, plus fifty per cent of the difference	58136
between the provider's average monthly cost of such services and	58137
the statewide average monthly cost of such services on March 31,	58138
2001.	58139

(C) A pharmacy provider may achieve a reduction in its	58140
average monthly cost of providing services to a Medicaid recipient	58141
who resides in a nursing home by providing consulting services to	58142
the physicians who prescribe drugs to the resident. These	58143
consulting services may include recommendations for eliminating	58144
unnecessary and duplicative drugs, modifying inefficient drug	58145
regimens, and implementing safe and cost-effective drug therapies.	58146

(D) The Department may adopt any rules it considers	58147
necessary to develop and administer this section. If rules are	58148
adopted, the rules shall be adopted in accordance with Chapter	58149
119. of the Revised Code.	58150

Section 62.14. ODJFS FUNDS

58151

AGENCY FUND GROUP

58152

The Agency Fund Group shall be used to hold revenues until	58153
the appropriate fund is determined or until they are directed to	58154
the appropriate governmental agency other than the Department of	58155
Job and Family Services. If it is determined that additional	58156
appropriation authority is necessary, such amounts are	58157
appropriated.	58158

HOLDING ACCOUNT REDISTRIBUTION GROUP

58159

The foregoing appropriation items 600-643, Refunds and Audit	58160
Settlements, and 600-644, Forgery Collections, Holding Account	58161
Redistribution Fund Group, shall be used to hold revenues until	58162
they are directed to the appropriate accounts or until they are	58163
refunded. If it is determined that additional appropriation	58164
authority is necessary, such amounts are appropriated.	58165

Section 62.15. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF	58166
JOB AND FAMILY SERVICES	58167

Using the foregoing appropriation items 600-504, Non-TANF	58168
County Administration; 600-610, Food Stamps and State	58169
Administration; 600-410, TANF State; 600-689, TANF Block Grant;	58170
600-620, Social Services Block Grant; 600-552, County Social	58171
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,	58172
Day Care Federal; 600-534, Adult Protective Services; and 600-614,	58173
Refugees Services, the Department of Job and Family Services may	58174
establish a single allocation for county departments of job and	58175
family services that are subject to a partnership agreement	58176
between a board of county commissioners and the department under	58177
section 5101.21 of the Revised Code. The county department is not	58178
required to use all the money from one or more of the	58179
appropriation items listed in this paragraph for the purpose for	58180
which the specific appropriation item is made so long as the	58181
county department uses the money for a purpose for which at least	58182
one of the other of those appropriation items is made. The county	58183
department may not use the money in the allocation for a purpose	58184
other than a purpose any of those appropriation items are made. If	58185
the spending estimates used in establishing the single allocation	58186
are not realized and the county department uses money in one or	58187
more of those appropriation items in a manner for which federal	58188
financial participation is not available, the department shall use	58189
state funds available in one or more of those appropriation items	58190
to ensure that the county department receives the full amount of	58191
its allocation. The single allocation is the maximum amount the	58192
county department shall receive from those appropriation items.	58193

ADULT PROTECTIVE SERVICES

58194

The foregoing appropriation item 600-695, Adult Protective	58195
Services, shall be used to provide adult protective services in	58196
accordance with section 5101.62 of the Revised Code.	58197

NON-TANF ADULT ASSISTANCE

58198

The foregoing appropriation item 600-696, Non-TANF Adult	58199
Assistance, shall be used to provide funding for the Adult	58200
Emergency Assistance Program in accordance with section 5101.86 of	58201
the Revised Code.	58202

HIPPY PROGRAM

58203

The Department of Job and Family Services may use up to	58204
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),	58205
in each fiscal year to support expenditures to the Hippy Program	58206
in Hamilton County. The Department of Job and Family Services and	58207
the Hippy Program shall agree on reporting requirements to be	58208
incorporated into the grant agreement.	58209

ADOPTION CONNECTION

58210

The Department of Job and Family Services may use up to	58211
$62,500 of appropriation item 600-640, Adoption Connection (Fund	58212
3W9), in each fiscal year to support expenditures to the Adoption	58213
Connection Program in Hamilton County. The Department of Job and	58214
Family Services and the Adoption Connection Program shall agree on	58215
reporting requirements to be incorporated into the grant	58216
agreement.	58217

Section 62.16. TRANSFER OF FUNDS	58218

The Department of Job and Family Services shall transfer	58219
through intrastate transfer vouchers, cash from State Special	58220
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	58221
Community-Based Services, in the Ohio Department of Mental	58222
Retardation and Developmental Disabilities. The sum of the	58223
transfers shall equal $12,783,463 in fiscal year 2002 and	58224
$13,039,133 in fiscal year 2003. The transfer may occur on a	58225
quarterly basis or on a schedule developed and agreed to by both	58226
departments.	58227

The Department of Job and Family Services shall transfer,	58228
through intrastate transfer vouchers, cash from the State Special	58229
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	58230
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	58231
transfers shall be equal to the amounts appropriated in fiscal	58232
year 2002 and fiscal year 2003 in appropriation item 490-610,	58233
PASSPORT/Residential State Supplement. The transfer may occur on	58234
a quarterly basis or on a schedule developed and agreed to by both	58235
departments.	58236

TRANSFERS OF IMD/DSH CASH

58237

The Department of Job and Family Services shall transfer,	58238
through intrastate transfer voucher, cash from fund 5C9, Medicaid	58239
Program Support, to the Department of Mental Health's Fund 4X5,	58240
OhioCare, in accordance with an interagency agreement which	58241
delegates authority from the Department of Job and Family Services	58242
to the Department of Mental Health to administer specified	58243
Medicaid services.	58244

Section 62.17. CONSOLIDATION OF STATE GRANTS

58245

With the consent of a county, the Department of Job and	58246
Family Services may combine into a single and consolidated grant	58247
of state aid, funds that would otherwise be provided to that	58248
county pursuant to the operation of section 5101.14 of the Revised	58249
Code and other funds that would otherwise be provided to that	58250
county for the purpose of providing kinship care. In fiscal year	58251
2003, the grant shall also include unspent funds remaining from	58252
any grant provided to the county under this section in fiscal year	58253
2002.	58254

Funds contained in any such consolidation grant shall not be	58255
subject to either statutory or administrative rules that would	58256
otherwise govern allowable uses from such funds, except that such	58257
funds shall continue to be used by the county to meet the expenses	58258
of its children services program under Chapter 5153. of the	58259
Revised Code. Funds contained in a consolidation grant shall be	58260
paid to each county within thirty days after the beginning of each	58261
calendar quarter. Funds provided to a county under this section	58262
shall be deposited in the children services fund, established in	58263
section 5101.144 of the Revised Code, and shall be used for no	58264
other purpose than to meet the expenses of the children services	58265
program. Within ninety days after the end of fiscal year 2003,	58266
each county shall return to the Department of Job and Family	58267
Services any unspent balance in the consolidated grant, unless	58268
this section is renewed for a subsequent period of time.	58269

Section 62.18. EMPLOYER SURCHARGE

58270

The surcharge and the interest on the surcharge amounts due	58271
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	58272
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	58273
118th General Assembly, and section 4141.251 of the Revised Code	58274
as it existed prior to Sub. H.B. 478 of the 122nd General	58275
Assembly, again shall be assessed and collected by, accounted for,	58276
and made available to the Department of Job and Family Services in	58277
the same manner as set forth in section 4141.251 of the Revised	58278
Code as it existed prior to Sub. H.B. 478 of the 122nd General	58279
Assembly, notwithstanding the repeal of the surcharge for calendar	58280
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	58281
Assembly, except that amounts received by the Director on or after	58282
July 1, 2001, shall be deposited into the special administrative	58283
fund established pursuant to section 4141.11 of the Revised Code.	58284

Effective July 1, 2001, the balance of the unemployment	58285
compensation surcharge trust funds created in custody of the	58286
Treasurer of State pursuant to section 4141.251 of the Revised	58287
Code shall be transferred into the special administrative fund	58288
established pursuant to section 4141.11 of the Revised Code.	58289

Section 62.19. OHIO ACCESS SUCCESS PROJECT

58290

(A) As used in this section, "nursing facility" has the same	58291
meaning as in section 5111.20 of the Revised Code.	58292

(B) To the extent funds are available as provided in this	58293
act, the Director of Job and Family Services may establish the	58294
Ohio Access Success Project to help Medicaid recipients make the	58295
transition from residing in a nursing facility to residing in a	58296
community setting. If the Director establishes the Project, the	58297
Director shall provide one-time benefits to not more than	58298
seventy-five Medicaid recipients in fiscal year 2002 and not more	58299
than one hundred twenty-five Medicaid recipients in fiscal year	58300
2003. To be eligible for benefits under the Project, a Medicaid	58301
recipient must satisfy all of the following requirements:	58302

(1) At the time of applying for the benefits, be a recipient	58303
of Medicaid-funded nursing facility care;	58304

(2) Have resided continuously in a nursing facility since at	58305
least January 1, 2000;	58306

(3) Need the level of care provided by nursing facilities;

58307

(4) Need benefits whose projected cost does not exceed	58308
eighty per cent of the average monthly Medicaid cost of individual	58309
Medicaid recipients' nursing facility care.	58310

(C) If the Director of Job and Family Services establishes	58311
the Ohio Access Success Project, the benefits provided under the	58312
Project may include payment of all of the following:	58313

(1) The first month's rent in a community setting;

58314

(2) Rental deposits;

58315

(3) Utility deposits;	58316

(4) Moving expenses;	58317

(5) Other expenses not covered by the Medicaid program that	58318
facilitate a Medicaid recipient's move from a nursing facility to	58319
a community setting.	58320

(D) No person may receive more than two thousand dollars	58321
worth of benefits under the Ohio Access Success Project.	58322

Section 62.20. FUNDING FOR HABILITATIVE SERVICES

58323

Notwithstanding any limitations contained in sections 5112.31	58324
and 5112.37 of the Revised Code, in each fiscal year, cash from	58325
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	58326
of the amounts needed for transfers to Fund 4K8 may be used by the	58327
Department of Job and Family Services to cover costs of care	58328
provided to participants in the Ohio Home Care Waiver or in a	58329
waiver administered by the Department under the section titled	58330
"MR/DD Waiver Redesign". Expenses to be paid from this fund by	58331
the Department of Job and Family Services shall be limited to	58332
costs for habilitative services for individuals who are not	58333
determined to be eligible for county board of MR/DD services, and	58334
who require a level of care that is routinely provided through	58335
intermediate care facilities for the mentally retarded or through	58336
ICF/MR waivers administered by the Department of Mental	58337
Retardation and Developmental Disabilities.	58338

Section 62.21. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	58339
THE OHIO ACCESS SUCCESS PROJECT	58340

Notwithstanding any limitations in sections 3721.51 and	58341
3721.56 of the Revised Code, in each fiscal year, cash from the	58342
State Special Revenue Fund 4J5, Home and Community-Based Services	58343
for the Aged, in excess of the amounts needed for the transfers	58344
may be used by the Department of Job and Family Services for the	58345
following purposes: (A) up to $1.0 million in each fiscal year to	58346
fund the state share of audits of Medicaid cost reports filed with	58347
the Department of Job and Family Services by nursing facilities	58348
and intermediate care facilities for the mentally retarded; and	58349
(B) up to $150,000 in fiscal year 2002 and up to $250,000 in	58350
fiscal year 2003 to provide one-time transitional benefits under	58351
the Ohio Access Success Project that the Director of Job and	58352
Family Services may establish under the section of this act titled	58353
"Ohio Access Success Project."	58354

Section 62.22. MR/DD WAIVER REDESIGN

58355

(A) The Director of Job and Family Services may submit a	58356
request to the United States Secretary of Health and Human	58357
Services pursuant to section 1915 of the "Social Security Act," 79	58358
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	58359
Medicaid home and community-based services waiver program, or	58360
modify a current Medicaid home and community-based services waiver	58361
program, to serve individuals with mental retardation or a	58362
developmental disability who meet all of the following	58363
requirements:	58364

(1) Need the level of care provided by intermediate care	58365
facilities for the mentally retarded;	58366

(2) Need habilitation services;	58367

(3) Are enrolled in the Ohio Home Care Waiver Program on	58368
June 30, 2001;	58369

(4) Are transferred from the Ohio Home Care Waiver Program to	58370
the new or modified home and community-based services waiver	58371
program.	58372

(B) If the United States Secretary of Health and Human	58373
Services grants a waiver request submitted under division (A) of	58374
this section, the Director of Job and Family Services may create a	58375
new, or modify an existing, home and community-based services	58376
waiver program in accordance with the waiver. The new or modified	58377
waiver program shall specify the maximum amount that the program	58378
may spend per individual enrolled in the program.	58379

(C) The Director of Job and Family Services may reduce the	58380
maximum number of individuals the Ohio Home Care Waiver Program	58381
may serve by the number of individuals transferred from that	58382
program to the new or modified home and community-based services	58383
waiver program provided for by this section.	58384

(D) The Department of Job and Family Services may	58385
administer the new or modified home and community-based services	58386
waiver program provided for by this section or enter into an	58387
interagency agreement with the Department of Mental Retardation	58388
and Developmental Disabilities to administer the waiver program	58389
under the Department of Job and Family Services' supervision. Such	58390
interagency agreement shall specify the maximum number of	58391
individuals who may be transferred from the Ohio Home Care Waiver	58392
Program to the new, or modified, waiver program and the estimated	58393
cost of services under the new, or modified, waiver program to the	58394
transferred individuals. The departments may not enter into the	58395
interagency agreement without approval of the Director of Budget	58396
and Management. If the departments enter into the interagency	58397
agreement, the Director of Budget and Management may reduce the	58398
amount of the appropriation in line item 600-525, Health	58399
Care/Medicaid, by the estimated cost specified in the interagency	58400
agreement. If the Director makes the reduction, the state share	58401
of the estimated costs are appropriated to the Department of	58402
Mental Retardation and Developmental Disabilities in a new	58403
appropriation item that shall be established for this purpose. The	58404
Director of Budget and Management may increase the appropriation	58405
in appropriation item 322-639, Medicaid Waiver, by the	58406
corresponding non-GRF federal share of the estimated costs.	58407

Section 62.23. MEDICALLY FRAGILE WAIVER REDESIGN

58408

(A) The Director of Job and Family Services may submit a	58409
request to the United States Secretary of Health and Human	58410
Services pursuant to section 1915 of the "Social Security Act," 79	58411
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	58412
Medicaid home and community-based services waiver program, or	58413
modify a current Medicaid home and community-based services waiver	58414
program, to serve medically fragile individuals who meet all of	58415
the following requirements:	58416

(1) Need a skilled level of care as defined in rule	58417
5101:3-3-05 of the Administrative Code;	58418

(2) Are enrolled in the Ohio Home Care Waiver Program on June	58419
30, 2001, or, as limited by division (D) of this section, after	58420
that date;	58421

(3) Are transferred from the Ohio Home Care Waiver Program	58422
to the new or modified home and community-based services waiver	58423
program.	58424

(B) If the United States Secretary of Health and Human	58425
Services grants a waiver request submitted under division (A) of	58426
this section, the Director of Job and Family Services may create a	58427
new, or modify an existing, home and community-based services	58428
waiver program in accordance with the waiver. The new or modified	58429
waiver program shall specify the maximum amount that the program	58430
may spend per individual enrolled in the program. The Department	58431
of Job and Family Services shall administer the waiver program.	58432

(C) The Director of Job and Family Services may reduce the	58433
maximum number of individuals the Ohio Home Care Waiver Program	58434
may serve by the number of individuals transferred from that	58435
program to the new or modified home and community-based services	58436
waiver program provided for by this section.	58437

(D) No more than a number, approved by the Director of	58438
Budget and Management, of individuals who enroll in the Ohio Home	58439
Care Waiver Program after June 30, 2001, may transfer to the new	58440
or modified waiver program provided for by this section.	58441

Section 62.24. MEDICAID WAIVER

58442

(A) With the assistance of the Department of Mental Health	58443
and after consulting with community mental health facilities that	58444
provide mental health services included in the state Medicaid plan	58445
pursuant to section 5111.022 of the Revised Code and with the	58446
chairpersons and ranking minority members of the House of	58447
Representatives Health and Family Services Committee and the	58448
Senate Health, Human Services, and Aging Committee, the Department	58449
of Job and Family Services shall develop and submit to the Health	58450
Care Financing Administration of the United States Department of	58451
Health and Human Services an application for a waiver under which	58452
any of the federal Medicaid statutes and regulations that are	58453
subject to being waived may be waived as necessary for purposes of	58454
better ensuring both of the following:	58455

(1) That Medicaid coverage and payment methods for mental	58456
health services provided under section 5111.022 of the Revised	58457
Code are consistent with the service priorities established	58458
pursuant to Chapters 340. and 5119. of the Revised Code;	58459

(2) That the services provided under section 5111.022 of the	58460
Revised Code can be provided in a manner that maximizes the	58461
effectiveness of resources available to the Department of Mental	58462
Health and boards of alcohol, drug addiction, and mental health	58463
services.	58464

(B) The actions taken by the Department of Mental Health and	58465
Department of Job and Family Services to develop and submit the	58466
application for the waiver specified in division (A) of this	58467
section shall be taken in a manner that allows the provisions of	58468
the waiver to be implemented not later than July 1, 2002.	58469

Section 62.25. REFUND OF SETS PENALTY

58470

The Department of Job and Family Services shall notify the	58471
Controlling Board immediately on receipt of any refunds for	58472
penalties that were paid directly or indirectly by the state for	58473
the Support Enforcement Tracking System (SETS). Any and all	58474
refunds received for such penalties shall be deposited in their	58475
entirety to the General Revenue Fund.	58476

Section 62.26. As used in this section, "Medicaid waiver	58477
component" has the same meaning as in section 5111.85 of the	58478
Revised Code.	58479

A rule adopted by the Director of Job and Family Services	58480
governing a Medicaid waiver component that is in effect on the	58481
effective date of this section shall remain in effect until	58482
amended or rescinded as part of the adoption of rules under	58483
section 5111.85 of the Revised Code.	58484

The rule of this act that items in uncodified sections do not	58485
have effect after June 30, 2003, does not apply to this section.	58486

Section 62.27. The Health Care Compliance Fund created by	58487
section 5111.171 of the Revised Code is the same fund as the	58488
Health Care Compliance Fund created by the Controlling Board in	58489
October 1998.	58490

Section 62.28. Not later than February 28, 2002, the Director	58491
of Job and Family Services shall submit to the United States	58492
Secretary of Health and Human Services an amendment to the state	58493
Medicaid Plan to provide for the Department of Job and Family	58494
Services to continue the Program of All-Inclusive Care for the	58495
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The	58496
Director may submit to the United States Secretary of Health and	58497
Human Services application for program agreements to operate the	58498
PACE program in accordance with 42 U.S.C. 1396u-4. The Director	58499
shall consider and, in the absence of just cause for refusal,	58500
shall give preference to, Condordia Care and TriHealth Senior	58501
Link, when determining the entities for which the first two PACE	58502
applications shall be submitted. The Director may submit to the	58503
United States Secretary a request to transfer the day-to-day	58504
administration of PACE to the Department of Aging. If the United	58505
States Secretary approves the amendment, the Directors of Job and	58506
Family Services and Aging may enter into an interagency agreement	58507
under section 5111.86 of the Revised Code to transfer	58508
responsibility for the day-to-day administration of PACE from the	58509
Department of Job and Family Services to the Department of Aging.	58510
The interagency agreement is subject to the approval of the	58511
Director of Budget and Management and shall include an estimated	58512
cost of services to be provided under PACE and an estimated cost	58513
for the administrative duties assigned by the agreement to the	58514
Department of Aging.	58515

If the Directors of Job and Family Services and Aging enter	58516
into the interagency agreement, the Director of Budget and	58517
Management shall reduce the amount in appropriation item 600-525,	58518
Health Care/Medicaid, by the estimated costs of PACE services and	58519
an estimated cost for the administrative duties assigned by the	58520
agreement to the Department of Aging included in the interagency	58521
agreement. If the Director of Budget and Management makes the	58522
reduction, the state and federal share of the estimated costs of	58523
PACE services and administration is hereby appropriated to the	58524
Department of Aging. The Director of Budget and Management shall	58525
establish a new appropriation item for the appropriation.	58526

Section 62.29. (A) The authority of the Director of Job and	58527
Family Services under section 5111.02 of the Revised Code to adopt	58528
a rule excluding drugs for the treatment of obesity from coverage	58529
under the Medicaid program is revoked. Therefore, the Director	58530
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the	58531
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the	58532
Administrative Code is suspended pending the rescission. This	58533
division does not require the Medicaid program to cover drugs for	58534
the treatment of obesity.	58535

The rule of this act that items in uncodified sections do not	58536
have effect after June 30, 2003, does not apply to this division.	58537

(B) Not later than six months after the effective date of	58538
this section, the Director of Job and Family Services shall	58539
complete an evaluation and issue a report on whether the Medicaid	58540
program should cover anti-obesity agents that have been approved	58541
by the United States Food and Drug Administration for the	58542
treatment of obesity and obesity's related co-morbidities. At a	58543
minimum, the evaluation shall consider the safety, efficacy, and	58544
cost-effectiveness of having the Medicaid program cover such	58545
anti-obesity agents. The Director shall submit the report to the	58546
chairperson and ranking minority member of the House of	58547
Representatives Finance and Appropriations Committee and the	58548
chairperson and ranking minority member of the Senate Finance and	58549
Financial Institutions Committee.	58550

Section 62.30. CHILD PROTECTIVE SERVICES

58551

Of the foregoing appropriation item 600-527, Child Protective	58552
Services, $15,000 in each fiscal year shall be provided to the	58553
Children's Advocacy Center in Portage County.	58554

Of the foregoing appropriation item 600-527, Child Protective	58555
Services, $750,000 in fiscal year 2002 and $1,000,000 in fiscal	58556
year 2003 shall be used as state matching funds for independent	58557
living services under the John H. Chafee Foster Care Independence	58558
Program.	58559

Section 62.31. The Director of Job and Family Services may	58560
apply to the United States Secretary of Health and Human Services	58561
for approval to increase the number of slots for the Individual	58562
Options Medicaid home and community-based services waiver program	58563
as follows:	58564

(A) For fiscal year 2002, that the waiver program have at	58565
least five hundred more slots than the waiver program had in	58566
fiscal year 2001;	58567

(B) For fiscal year 2003, that the waiver program have at	58568
least five hundred more slots than the waiver program had in	58569
fiscal year 2002.	58570

Section 62.32. PREFERRED OPTION EVALUATION

58571

The Director of Job and Family Services shall evaluate the	58572
Medicaid managed care enrollment alternative known as Preferred	58573
Option. As part of the evaluation, the Director shall examine	58574
whether Preferred Option should be expanded to additional	58575
counties. Not later than June 30, 2003, the Director shall submit	58576
a report on the evaluation to the Governor, Speaker of the House	58577
of Representatives, and President of the Senate. The Director	58578
shall include in the report any findings made pursuant to the	58579
evaluation, including the Director's conclusions as to whether	58580
Preferred Option should be expanded to additional counties. The	58581
Director may not expand Preferred Option to any additional county	58582
before the Director submits the report.	58583

Section 62.33. (A) The Director of Job and Family Services	58585
shall continue operations through each of the local public	58586
employment offices described in section 4141.04 of the Revised	58587
Code that exist on the effective date of this section until thirty	58588
days after submitting the report required by division (B) of this	58589
section.	58590

(B) The Director shall present a detailed report to the	58591
members of the Finance and Appropriations Committee of the House	58592
of Representatives and of the Finance and Financial Institutions	58593
Committee of the Senate on or before October 1, 2001, that	58594
describes the Director's plan to cease the Department of Job and	58595
Family Services operations at the offices described in division	58596
(A) of this section and instead commence operations at telephone	58597
registration centers, mail claims centers, and one-stop employment	58598
centers. The report shall include all of the following	58599
information:	58600

(1) A description of plans to employ personnel for telephone	58601
registration centers and mail claims centers, including plans to	58602
possibly reassign personnel employed at the offices described in	58603
division (A) of this section to the telephone registration	58604
centers, mail claims centers, or one-stop employment centers, and	58605
a description of model plans and actual plans detailing the manner	58606
in which personnel would be employed in each telephone	58607
registration center, mail claims center, or one-stop employment	58608
center;	58609

(2) A fiscal analysis of the impact of the transition,	58610
including all of the following information that is presented in a	58611
manner so that the costs described in division (B)(2)(a) of this	58612
section can be readily compared to the costs described in division	58613
(B)(2)(b) of this section:	58614

(a) The cost of operating the existing offices described in	58615
division (A) of this section, including the costs for	58616
administration, facilities, and employing personnel;	58617

(b) The number of proposed telephone registration centers	58618
and mail claims centers and the projected operational costs of	58619
those centers, including, but not limited to, the cost of	58620
employing personnel for those centers, the administrative overhead	58621
costs of those centers, the initial costs to establish those	58622
centers, the long-term costs of maintaining those centers, and the	58623
cost of renting facilities for those centers, if rental is	58624
necessary.	58625

(3) The estimated cost projections of the initial start-up	58626
costs of transitioning from the existing offices described in	58627
division (A) of this section to the telephone registration	58628
centers, mail claims centers, and one-stop employment centers and	58629
the long-term operational costs of both operating those centers	58630
and assisting in providing personnel to staff the one-stop	58631
employment centers;	58632

(4) Funding projections that clearly indicate the amount of	58633
funding expected from federal, state, and local sources for the	58634
transition, and for maintaining the telephone registration centers	58635
and mail claims centers, and for assisting in providing personnel	58636
to staff the one-stop employment centers, with the amounts from	58637
each source stated separately;	58638

(5) Steps that the Director plans to take to assist local	58639
communities in improving services at one-stop employment centers	58640
so that service to unemployed individuals, other job seekers, and	58641
employers is not interrupted.	58642

(C) It is the intention of the General Assembly that the	58643
Director be strongly encouraged to negotiate with boards of county	58644
commissioners, local workforce policy boards, and other interested	58645
local officials in developing a plan to transfer operations from	58646
the offices described in division (A) of this section to telephone	58647
registration centers, mail claims centers, and one-stop employment	58648
centers. It is also the intention of the General Assembly that	58649
those negotiations include a process for agreeing to the division	58650
of resources and the allocation of costs between the Department of	58651
Job and Family Services, boards of county commissioners, and local	58652
workforce policy boards.	58653

Section 62.34. CHILD AND FAMILY SERVICES ACTIVITIES

58654

Of the foregoing appropriation item 600-427, Child and Family	58655
Services Activities, $10,000 in each fiscal year shall be provided	58656
to the Parmadale Children's Home.	58657

Of the foregoing appropriation item 600-427, Child and Family	58658
Services Activities, $10,000 in each fiscal year shall be provided	58659
to the Berea Children's Home.	58660

Section 62.35. (A) As used in this section:

58661

(1) "Medicaid days" means all days during which a resident	58662
who is a Medicaid recipient occupies a bed in a nursing facility	58663
that is included in the facility's certified capacity under Title	58664
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	58665
1396, as amended. Therapeutic or hospital leave days for which	58666
payment is made under section 5111.33 of the Revised Code are	58667
considered Medicaid days proportionate to the percentage of the	58668
nursing facility's per resident per day rate paid for those days.	58669

(2) "Nursing facility" has the same meaning as in section	58670
5111.20 of the Revised Code.	58671

(B) Notwithstanding sections 5111.20 to 5111.32 of the	58672
Revised Code, rates paid to nursing facilities under the Medicaid	58673
program shall be subject to the following limitations:	58674

(1) For fiscal year 2002, the mean total per diem rate for	58675
all nursing facilities in the state, weighted by Medicaid days and	58676
calculated as of July 1, 2001, under sections 5111.20 to 5111.32	58677
of the Revised Code, shall not exceed $144.99.	58678

(2) For fiscal year 2003, the mean total per diem rate for	58679
all nursing facilities in the state, weighted by Medicaid days and	58680
calculated as of July 1, 2002, under sections 5111.20 to 5111.32	58681
of the Revised Code, shall not exceed $154.41, plus any difference	58682
between $144.99 and the mean total per diem rate for all nursing	58683
facilities in the state for fiscal year 2002, weighted by Medicaid	58684
days and calculated as of July 1, 2001, under sections 5111.20 to	58685
5111.32 of the Revised Code.	58686

(3) If the mean total per diem rate for all nursing	58687
facilities in the state for fiscal year 2002 or 2003, weighted by	58688
Medicaid days and calculated under sections 5111.20 to 5111.32 of	58689
the Revised Code as of the first day of July of the calendar year	58690
in which the fiscal year begins, exceeds the amount specified for	58691
that fiscal year in division (B)(1) or (2) of this section, the	58692
Department of Job and Family Services shall reduce the total per	58693
diem rate for each nursing facility in the state by a percentage	58694
that is equal to the percentage by which the mean total per diem	58695
rate exceeds the amount specified in division (B)(1) or (2) of	58696
this section for that fiscal year.	58697

(4) Subsequent to any reduction required by division (B)(1),	58698
(2), or (3) of this section, a nursing facility's rate shall be	58699
subject to any adjustments required or authorized by sections	58700
5111.20 to 5111.32 of the Revised Code during the remainder of the	58701
fiscal year.	58702

Section 62.36. (A) Notwithstanding division (Q)(1) of	58703
section 5111.20 of the Revised Code, when calculating indirect	58704
care costs for the purpose of establishing rates under section	58705
5111.24 or 5111.241 of the Revised Code for fiscal year 2002, "per	58706
diem," as used in sections 5111.20 to 5111.32 of the Revised Code,	58707
means a nursing facility's or intermediate care facility for the	58708
mentally retarded's actual, allowable indirect care costs in the	58709
cost reporting period divided by the greater of the facility's	58710
inpatient days for that period or the number of inpatient days the	58711
facility would have had during that period if its occupancy rate	58712
had been eighty-two per cent.	58713

(B) Notwithstanding division (Q)(1) of section 5111.20 of	58714
the Revised Code, when calculating indirect care costs for the	58715
purpose of establishing rates under section 5111.24 or 5111.241 of	58716
the Revised Code for fiscal year 2003, "per diem," as used in	58717
sections 5111.20 to 5111.32 of the Revised Code, means a nursing	58718
facility's or intermediate care facility for the mentally	58719
retarded's actual, allowable indirect care costs in the cost	58720
reporting period divided by the greater of the facility's	58721
inpatient days for that period or the number of inpatient days the	58722
facility would have had during that period if its occupancy rate	58723
had been eighty-seven per cent.	58724

(C) Notwithstanding division (Q)(2) of section 5111.20 of	58725
the Revised Code, when calculating capital costs for the purpose	58726
of establishing rates under section 5111.25 or 5111.251 of the	58727
Revised Code for fiscal year 2002, "per diem," as used in sections	58728
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	58729
or intermediate care facility for the mentally retarded's actual,	58730
allowable capital costs in the cost reporting period divided by	58731
the greater of the facility's inpatient days for that period or	58732
the number of inpatient days the facility would have had during	58733
that period if its occupancy rate had been eighty-eight per cent.	58734

(D) Notwithstanding division (Q)(2) of section 5111.20 of	58735
the Revised Code, when calculating capital costs for the purpose	58736
of establishing rates under section 5111.25 or 5111.251 of the	58737
Revised Code for fiscal year 2003, "per diem," as used in sections	58738
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	58739
or intermediate care facility for the mentally retarded's actual,	58740
allowable capital costs in the cost reporting period divided by	58741
the greater of the facility's inpatient days for that period or	58742
the number of inpatient days the facility would have had during	58743
that period if its occupancy rate had been ninety-one per cent.	58744

(E) As soon as practicable, the Department of Job and Family	58745
Services shall follow this section for the purpose of calculating	58746
nursing facilities' and intermediate care facilities for the	58747
mentally retarded's Medicaid reimbursement rates for indirect care	58748
and capital costs for fiscal years 2002 and 2003. If the	58749
Department is unable to calculate the rates before it makes	58750
payments for services provided during fiscal year 2002 or 2003,	58751
the Department shall pay a nursing facility or intermediate care	58752
facility for the mentally retarded the difference between the	58753
amount it pays the facility and the amount that would have been	58754
paid had the Department made the calculation in time.	58755

Section 62.37. NURSING FACILITY STABILIZATION FUND

58756

(A) As used in this section:

58757

(1) "Inpatient days" and "nursing facility" have the same	58758
meanings as in section 5111.20 of the Revised Code.	58759

(2) "Medicaid day" means all days during which a resident	58760
who is a Medicaid recipient occupies a bed in a nursing facility	58761
that is included in the facility's certified capacity under Title	58762
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	58763
1396, as amended. Therapeutic or hospital leave days for which	58764
payment is made under section 5111.33 of the Revised Code are	58765
considered Medicaid days proportionate to the percentage of the	58766
nursing facility's per resident per day rate paid for those days.	58767

(B) The Department of Job and Family Services shall use	58768
money in the Nursing Facility Stabilization Fund created under	58769
section 3721.56 of the Revised Code to do all of the following:	58770

(1) Make payments to nursing facilities under sections	58771
5111.20 to 5111.32 of the Revised Code to the extent that funds	58772
available in appropriation item 600-525, Health Care/Medicaid, are	58773
insufficient to make those payments;	58774

(2) Make payments to each nursing facility for fiscal years	58775
2002 and 2003 in an amount equal to three fourths of the franchise	58776
permit fee the nursing facility pays under section 3721.53 of the	58777
Revised Code for the fiscal year the department makes the payment	58778
divided by the nursing facility's inpatient days for the calendar	58779
year preceding the calendar year in which that fiscal year begins;	58780

(3) Make payments to each nursing facility for fiscal years	58781
2002 and 2003 in an amount equal to one dollar and fifty cents per	58782
Medicaid day;	58783

(4) Make payments under the Nursing Facility Bed Operating	58784
Rights Buy-Back Program. The Department may not use more than	58785
$15,000,000 to implement that program.	58786

(C) Any money remaining in the Nursing Facility	58787
Stabilization Fund after payments specified in division (B) of	58788
this section are made for fiscal years 2002 and 2003 shall be	58789
retained in the fund. Any interest or other investment proceeds	58790
earned on money in the fund shall be credited to the fund and used	58791
to make payments in accordance with division (B) of this section.	58792

Section 62.38. NURSING FACILITY BED OPERATING RIGHTS BUY-BACK	58793
PROGRAM	58794

As used in this section, "nursing facility" has the same	58795
meaning as in section 5111.20 of the Revised Code.	58796

The Director of Job and Family Services shall create and	58797
implement a Nursing Facility Bed Operating Rights Buy-Back	58798
Program. Under the program, the Director shall notify nursing	58799
facilities in the areas of the state that the Director determines	58800
have an excess capacity of nursing facility beds that the Director	58801
proposes to purchase the operating rights to a number of nursing	58802
facility beds the Director specifies.	58803

No later than a date the Director specifies, a nursing	58804
facility located in an area of the state that the Director	58805
determines has an excess capacity of nursing facility beds may	58806
submit a sealed bid to the Director. The date that the Director	58807
specifies shall be no more than sixty days after the date the	58808
Director notifies nursing facilities of the proposal to buy the	58809
operating rights of nursing facility beds. To the extent money in	58810
the Nursing Facility Stabilization Fund created under section	58811
3721.56 of the Revised Code is available for the Nursing Facility	58812
Bed Operating Rights Buy-Back Program, the Director shall review	58813
the bids and purchase the operating rights of nursing facility	58814
beds from the lowest bidder or bidders. The Director may decline	58815
to purchase the operating rights of any nursing facility bed if	58816
the lowest bidder asks for more than the maximum per-bed amount,	58817
if any, the Director may establish. The Director shall not	58818
purchase the operating rights to more nursing facility beds than	58819
the Director specified in its notice to the nursing facilities.	58820

A nursing facility that has sold the operating rights to a	58821
nursing facility bed under this section may not include that bed	58822
or costs associated with the bed in a cost report filed under	58823
section 5111.26 or 5111.27 of the Revised Code. The facility	58824
shall file with the Director an amended cost report for the	58825
calendar year preceding the year the Director purchases the	58826
operating rights. In the amended cost report, the nursing	58827
facility shall subtract the bed and costs associated with the bed	58828
from the previous cost report for that calendar year. The	58829
Director shall use the amended cost report to revise the nursing	58830
facility's rates under sections 5111.20 to 5111.32 of the Revised	58831
Code for the fiscal year in which the operating rights are	58832
purchased.	58833

No action taken pursuant to the Nursing Facility Bed	58834
Operating Rights Buy-Back Program is a reviewable activity under	58835
sections 3702.51 to 3702.62 of the Revised Code.	58836

Section 62.39. NURSING FACILITY REIMBURSEMENT STUDY COUNCIL	58837

During fiscal years 2002 and 2003, the Nursing Facility	58838
Reimbursement Study Council shall examine and report to the	58839
Governor, the Speaker of the House of Representatives, and the	58840
President of the Senate its activities, findings, and	58841
recommendations concerning at least all of the following:	58842

(1) The use of imputed occupancy factors in calculating	58843
reimbursement rates;	58844

(2) The identification and quantification of costs that vary	58845
with occupancy and costs that do not vary with occupancy;	58846

(3) Specific elements of the reimbursement formula that	58847
contribute to or detract from facility efficiency, including	58848
appropriate methods of defining and measuring efficiency;	58849

(4) The inclusion or exclusion of direct-care costs and	58850
case-mix scores for classes of facility residents the Council	58851
identifies from case-mix calculations and the effect of those	58852
inclusions or exclusions on direct care of residents;	58853

(5) Whether the return on equity provision in the	58854
reimbursement formula should remain;	58855

(6) The use of depreciation recapture in the case of	58856
transfers of nursing facilities;	58857

(7) The amount of time that elapses between when a facility	58858
incurs costs for wage increases or other expenditure and when	58859
those costs are included in the reimbursement rate;	58860

(8) The percentage of capital costs that are not included in	58861
the reimbursement rate;	58862

(9) The percentage of purchased nursing costs that are not	58863
included in the reimbursement rate.	58864

Section 62.40. The Department of Mental Retardation and	58865
Developmental Disabilities shall arrange for a study to be	58866
completed no later than January 1, 2003, of the implications of	58867
the "Health Insurance Portability and Accountability Act of 1996,"	58868
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	58869
amended, on payment systems for Medicaid-funded services to	58870
individuals with mental retardation or other developmental	58871
disability, including the Multi-Agency Community Services	58872
Information System and similar payment systems. The study shall	58873
include consideration of the feasibility of a payment system under	58874
which a county board of mental retardation and developmental	58875
disabilities pays claims directly to persons and government	58876
entities under contract with the county board to provide	58877
Medicaid-funded services to individuals with mental retardation or	58878
other developmental disability.	58879

The Department shall contract with a person to administer an	58880
individual assessment instrument to a representative sample of	58881
individuals receiving or eligible to receive home and	58882
community-based services provided under a Medicaid component the	58883
Department administers under section 5111.871 of the Revised Code.	58884
The assessment instrument shall be identical or similar in design	58885
to the New York Developmental Disabilities Profile as developed by	58886
the New York Office of Mental Retardation and Developmental	58887
Disabilities. The purpose of the contract is to collect data	58888
necessary for constructing a statewide individual assessment	58889
instrument capable of reliably assessing an individual's needs	58890
that the Department is required to provide to the Department of	58891
Job and Family Services under division (A)(2) of section 5111.873	58892
of the Revised Code.	58893

Section 62.41. CRITICAL ACCESS HOSPITALS

58894

Pursuant to the requirement of section 5112.03 of the Revised	58895
Code to adopt rules establishing a methodology for paying	58896
hospitals under the Hospital Care Assurance Program, the Director	58897
of Job and Family Services shall include within the methodology a	58898
special payment pool for hospitals certified as critical access	58899
hospitals by the United States Health Care Financing	58900
Administration. The special payment pool for critical access	58901
hospitals shall be used to reimburse each critical access hospital	58902
an amount equal to the difference between the hospital's Medicaid	58903
costs and its Medicaid payments.	58904

Section 63. JCO JUDICIAL CONFERENCE OF OHIO	58905

General Revenue Fund

58906

GRF	018-321		Operating Expenses		$	1,110,240		$	1,141,327		58907
TOTAL GRF General Revenue Fund					$	1,110,240		$	1,141,327		58908

General Services Fund Group

58909

403	018-601	Ohio Jury Instructions	$	200,000	$	200,000	58910
TOTAL GSF General Services Fund Group			$	200,000	$	200,000	58911
TOTAL ALL BUDGET FUND GROUPS			$	1,310,240	$	1,341,327	58912

STATE COUNCIL OF UNIFORM STATE LAWS

58913

Notwithstanding section 105.26 of the Revised Code, of the	58914
foregoing appropriation item 018-321, Operating Expenses, up to	58915
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003	58916
may be used to pay the expenses of the State Council of Uniform	58917
State Laws, including membership dues to the National Conference	58918
of Commissioners on Uniform State Laws.	58919

OHIO JURY INSTRUCTIONS FUND

58920

The Ohio Jury Instructions Fund (Fund 403) shall consist of	58921
grants, royalties, dues, conference fees, bequests, devises, and	58922
other gifts received for the purpose of supporting costs incurred	58923
by the Judicial Conference of Ohio in dispensing education and	58924
informational data to the state's judicial system. Fund 403 shall	58925
be used by the Judicial Conference of Ohio to pay expenses	58926
incurred in dispensing educational and informational data to the	58927
state's judicial system. All moneys accruing to Fund 403 in	58928
excess of $200,000 in fiscal year 2002 and in excess of $200,000	58929
in fiscal year 2003 are hereby appropriated for the purposes	58930
authorized.	58931

No money in the Ohio Jury Instructions Fund shall be	58932
transferred to any other fund by the Director of Budget and	58933
Management or the Controlling Board.	58934

Section 64. JSC THE JUDICIARY/SUPREME COURT

58935

General Revenue Fund

58936

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	98,524,655	$	103,540,214	58937
GRF	005-401	State Criminal Sentencing Council	$	294,096	$	304,881	58938
GRF	005-406	Law-Related Education	$	200,802	$	206,826	58939
GRF	005-502	Commission for Legal Education Opportunity	$	0	$	657,600	58940
TOTAL GRF General Revenue Fund			$	99,019,553	$	104,709,521	58941

General Services Fund Group

58942

672	005-601		Continuing Judicial Education		$	235,000		$	265,000		58943
TOTAL GSF General Services Fund Group					$	235,000		$	265,000		58944

State Special Revenue Fund Group

58945

4C8	005-605	Attorney Registration	$	1,971,100	$	2,030,233	58946
6A8	005-606	Supreme Court Admissions	$	1,042,536	$	1,089,111	58947
643	005-607	Commission on Continuing Legal Education	$	573,268	$	590,016	58948
TOTAL SSR State Special Revenue Fund Group			$	3,586,904	$	3,709,360	58949

Federal Special Revenue Fund Group

58950

3J0	005-603	Federal Grants	$	1,093,306	$	964,484	58951
TOTAL FED Federal Special Revenue Fund Group			$	1,093,306	$	964,484	58952
TOTAL ALL BUDGET FUND GROUPS			$	103,934,763	$	109,648,365	58953

LAW-RELATED EDUCATION

58954

The foregoing appropriation item 005-406, Law-Related	58955
Education, shall be distributed directly to the Ohio Center for	58956
Law-Related Education for the purposes of providing continuing	58957
citizenship education activities to primary and secondary	58958
students, expanding delinquency prevention programs, increasing	58959
activities for at-risk youth, and accessing additional public and	58960
private money for new programs.	58961

OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

58962

The foregoing appropriation item 005-502, Commission for	58963
Legal Education Opportunity, shall be used to fund the activities	58964
of the Commission for Legal Education Opportunity created by the	58965
Chief Justice of the Supreme Court of Ohio for the purpose of	58966
assisting minority, low-income, and educationally disadvantaged	58967
college graduates in the transition to legal education. Moneys	58968
appropriated to the Commission for Legal Education Opportunity may	58969
be used to establish and provide an intensive course of study	58970
designed to prepare eligible college graduates for law school	58971
education, provide annual stipends for students who successfully	58972
complete the course of study and are admitted to and maintain	58973
satisfactory academic standing in an Ohio law school, and pay the	58974
administrative costs associated with the program.	58975

CONTINUING JUDICIAL EDUCATION

58976

The Continuing Judicial Education Fund (Fund 672) shall	58977
consist of fees paid by judges and court personnel for attending	58978
continuing education courses and other gifts and grants received	58979
for the purpose of continuing judicial education. The foregoing	58980
appropriation item 005-601, Continuing Judicial Education, shall	58981
be used to pay expenses for continuing education courses for	58982
judges and court personnel. If it is determined by the	58983
Administrative Director of the Supreme Court that additional	58984
appropriations are necessary, the amounts are appropriated.	58985

No money in the Continuing Judicial Education Fund shall be	58986
transferred to any other fund by the Director of Budget and	58987
Management or the Controlling Board. Interest earned on moneys in	58988
the Continuing Judicial Education Fund shall be credited to the	58989
fund.	58990

ATTORNEY REGISTRATION

58991

In addition to funding other activities considered	58992
appropriate by the Supreme Court, the foregoing appropriation item	58993
005-605, Attorney Registration, may be used to compensate	58994
employees and fund the appropriate activities of the following	58995
offices established by the Supreme Court pursuant to the Rules for	58996
the Government of the Bar of Ohio: the Office of Disciplinary	58997
Counsel, the Board of Commissioners on Grievances and Discipline,	58998
the Clients' Security Fund, the Board of Commissioners on the	58999
Unauthorized Practice of Law, and the Office of Attorney	59000
Registration. If it is determined by the Administrative Director	59001
of the Supreme Court that additional appropriations are necessary,	59002
the amounts are appropriated.	59003

No moneys in the Attorney Registration Fund shall be	59004
transferred to any other fund by the Director of Budget and	59005
Management or the Controlling Board. Interest earned on moneys in	59006
the Attorney Registration Fund shall be credited to the fund.	59007

SUPREME COURT ADMISSIONS

59008

The foregoing appropriation item 005-606, Supreme Court	59009
Admissions, shall be used to compensate Supreme Court employees	59010
who are primarily responsible for administering the attorney	59011
admissions program, pursuant to the Rules for the Government of	59012
the Bar of Ohio, and to fund any other activities considered	59013
appropriate by the court. Moneys shall be deposited into the	59014
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	59015
Court Rules for the Government of the Bar of Ohio. If it is	59016
determined by the Administrative Director of the Supreme Court	59017
that additional appropriations are necessary, the amounts are	59018
appropriated.	59019

No moneys in the Supreme Court Admissions Fund shall be	59020
transferred to any other fund by the Director of Budget and	59021
Management or the Controlling Board. Interest earned on moneys in	59022
the Supreme Court Admissions Fund shall be credited to the fund.	59023

CONTINUING LEGAL EDUCATION

59024

The foregoing appropriation item 005-607, Commission on	59025
Continuing Legal Education, shall be used to compensate employees	59026
of the Commission on Continuing Legal Education, established	59027
pursuant to the Supreme Court Rules for the Government of the Bar	59028
of Ohio, and to fund other activities of the commission considered	59029
appropriate by the court. If it is determined by the	59030
Administrative Director of the Supreme Court that additional	59031
appropriations are necessary, the amounts are appropriated.	59032

No moneys in the Continuing Legal Education Fund shall be	59033
transferred to any other fund by the Director of Budget and	59034
Management or the Controlling Board. Interest earned on moneys in	59035
the Continuing Legal Education Fund shall be credited to the fund.	59036

FEDERAL MISCELLANEOUS

59037

The Federal Miscellaneous Fund (3J0) shall consist of grants	59038
and other moneys awarded to the Supreme Court of Ohio (The	59039
Judiciary) by the United States Government, the State Justice	59040
Institute, or other entities that receive the moneys directly from	59041
the United States Government or the State Justice Institute and	59042
distribute those moneys to the Supreme Court of Ohio (The	59043
Judiciary). The foregoing appropriation item 005-603, Federal	59044
Grants, shall be used in a manner consistent with the purpose of	59045
the grant or award. If it is determined by the Administrative	59046
Director of the Supreme Court that additional appropriations are	59047
necessary, the amounts are appropriated.	59048

No money in the Federal Miscellaneous Fund shall be	59049
transferred to any other fund by the Director of Budget and	59050
Management or the Controlling Board. However, interest earned on	59051
moneys in the Federal Miscellaneous Fund shall be credited or	59052
transferred to the General Revenue Fund.	59053

Section 65. LEC LAKE ERIE COMMISSION	59054

State Special Revenue Fund Group

59055

4C0	780-601	Lake Erie Protection Fund	$	1,044,854	$	1,070,975	59056
5D8	780-602	Lake Erie Resources Fund	$	661,009	$	689,004	59057
TOTAL SSR State Special Revenue							59058
Fund Group			$	1,705,863	$	1,759,979	59059
TOTAL ALL BUDGET FUND GROUPS			$	1,705,863	$	1,759,979	59060

CASH TRANSFER

59061

Not later than the thirtieth day of November of each fiscal	59062
year, the Executive Director of the Ohio Lake Erie Office, with	59063
the approval of the Lake Erie Commission, shall certify to the	59064
Director of Budget and Management the cash balance in the Lake	59065
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	59066
operating expenses of the Lake Erie Office. The Ohio Lake Erie	59067
Office may request the Director of Budget and Management to	59068
transfer up to the certified amount from the Lake Erie Resources	59069
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	59070
Director of Budget and Management may transfer the requested	59071
amount, or the Director may transfer a different amount up to the	59072
certified amount. Cash transferred shall be used for the purposes	59073
described in division (A) of section 1506.23 of the Revised Code.	59074
The amount transferred by the director is appropriated to the	59075
foregoing appropriation item 780-601, Lake Erie Protection Fund,	59076
which shall be increased by the amount transferred.	59077

Section 66. LRS LEGAL RIGHTS SERVICE	59078

General Revenue Fund

59079

GRF	054-100	Personal Services	$	274,718	$	269,974	59080
GRF	054-200	Maintenance	$	45,278	$	46,184	59081
GRF	054-300	Equipment	$	2,476	$	2,526	59082
GRF	054-401	Ombudsman	$	321,769	$	318,491	59083
TOTAL GRF General Revenue Fund			$	644,241	$	637,175	59084

General Services Fund Group

59085

416	054-601	Gifts and Donations	$	1,319	$	1,352	59086
5M0	054-610	Settlements	$	75,000	$	75,000	59087
524	054-608	Traumatic Brain Injury	$	21,550	$	0	59088
TOTAL GSF General Services							59089
Fund Group			$	97,869	$	76,352	59090

Federal Special Revenue Fund Group

59091

3B8	054-603	Protection and Advocacy - Mentally Ill	$	810,314	$	810,314	59092
3N3	054-606	Protection and Advocacy - Individual Rights	$	468,445	$	468,445	59093
3N9	054-607	Assistive Technology	$	50,000	$	50,000	59094
3R9	054-604	Family Support Collaborative	$	242,500	$	242,500	59095
3T2	054-609	Client Assistance Program	$	406,772	$	406,772	59096
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,068,109	$	1,068,109	59097
TOTAL FED Federal Special Revenue							59098
Fund Group			$	3,046,140	$	3,046,140	59099
TOTAL ALL BUDGET FUND GROUPS			$	3,788,250	$	3,759,667	59100

Section 67. JLE JOINT LEGISLATIVE ETHICS COMMITTEE	59102

General Revenue Fund

59103

GRF	028-321		Legislative Ethics Committee		$	589,000		$	612,000		59104
TOTAL GRF General Revenue Fund					$	589,000		$	612,000		59105

State Special Revenue Fund Group

59106

4G7	028-601	Joint Legislative Ethics Committee	$	50,000	$	50,000	59107
TOTAL SSR State Special Revenue Fund			$	50,000	$	50,000	59108
TOTAL ALL BUDGET FUND GROUPS			$	639,000	$	662,000	59109

Section 68. LSC LEGISLATIVE SERVICE COMMISSION

59111

General Revenue Fund

59112

GRF	035-321	Operating Expenses	$	13,325,000	$	14,470,000	59113
GRF	035-402	Legislative Interns	$	953,500	$	993,500	59114
GRF	035-404	Legislative Office of Education Oversight	$	1,192,146	$	1,239,832	59115
GRF	035-406	ATMS Replacement Project	$	90,000	$	90,000	59116
GRF	035-407	Legislative Task Force on Redistricting	$	2,000,000	$	0	59117
GRF	035-409	National Associations	$	417,906	$	427,381	59118
GRF	035-410	Legislative Information Systems	$	4,343,000	$	4,690,000	59119
TOTAL GRF General Revenue Fund			$	22,321,552	$	21,910,713	59120

General Services Fund Group

59121

4F6	035-603	Legislative Budget Services	$	140,000	$	145,000	59122
410	035-601	Sale of Publications	$	25,000	$	25,000	59123
TOTAL GSF General Services							59124
Fund Group			$	165,000	$	170,000	59125
TOTAL ALL BUDGET FUND GROUPS			$	22,486,552	$	22,080,713	59126

OPERATING EXPENSES

59127

On or before August 1, 2001, the Director of Budget and	59128
Management shall determine and certify to the Director of the	59129
Legislative Service Commission the total amount of unexpended,	59130
unobligated appropriations made to the Commission for fiscal year	59131
2001 in appropriation items 035-321 and 035-403. Additional	59132
appropriation authority equal to the amount certified by the	59133
Director of Budget and Management to the Director of the	59134
Legislative Service Commission, not to exceed $500,000, is hereby	59135
appropriated to appropriation item 035-321 Operating Expenses, for	59136
fiscal year 2002.	59137

ATMS REPLACEMENT PROJECT

59138

Of the foregoing appropriation item 035-406, ATMS Replacement	59139
Project, any amounts not used for the ATMS project may be used to	59140
pay the operating expenses of the Legislative Service Commission.	59141

LEGISLATIVE TASK FORCE ON REDISTRICTING

59142

On or before August 1, 2001, the Director of Budget and	59143
Management shall determine and certify to the Director of the	59144
Legislative Service Commission the total amount of unexpended,	59145
unobligated appropriations made to the Commission for fiscal year	59146
2001 in appropriation item 035-407, Legislative Task Force on	59147
Redistricting. Additional appropriation authority equal to the	59148
amount certified by the Director of Budget and Management to the	59149
Director of the Legislative Service Commission is hereby	59150
appropriated to appropriation item 035-407, Legislative Task Force	59151
on Redistricting, for fiscal year 2002.	59152

NATIONAL ASSOCIATIONS

59153

Of the foregoing appropriation item 035-409, National	59154
Associations, $10,000 in each fiscal year shall be used for the	59155
State and Local Legal Center.	59156

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

59157

The foregoing appropriation item 035-404, Legislative Office	59158
of Education Oversight, shall be used to support the legislative	59159
oversight activities of the Legislative Committee on Education	59160
Oversight established in section 3301.68 of the Revised Code.	59161

Section 69. LIB STATE LIBRARY BOARD

59162

General Revenue Fund

59163

GRF	350-321	Operating Expenses	$	7,645,422	$	7,969,585	59164
GRF	350-401	Ohioana Rental Payments	$	120,972	$	120,972	59165
GRF	350-501	Cincinnati Public Library	$	758,699	$	753,594	59166
GRF	350-502	Regional Library Systems	$	1,792,357	$	1,780,093	59167
GRF	350-503	Cleveland Public Library	$	1,141,234	$	1,133,512	59168
TOTAL GRF General Revenue Fund			$	11,458,684	$	11,757,756	59169

General Services Fund Group

59170

139	350-602	Intra-Agency Service Charges	$	14,148	$	14,502	59171
4S4	350-604	OPLIN Technology	$	7,661,095	$	7,777,962	59172
459	350-602	Interlibrary Service Charges	$	845,896	$	1,239,661	59173
TOTAL GSF General Services							59174
Fund Group			$	8,521,139	$	9,032,125	59175

Federal Special Revenue Fund Group

59176

313	350-601	LSTA Federal	$	5,241,306	$	5,241,306	59177
TOTAL FED Federal Special Revenue							59178
Fund Group			$	5,241,306	$	5,241,306	59179
TOTAL ALL BUDGET FUND GROUPS			$	25,221,129	$	26,031,187	59180

OHIOANA RENTAL PAYMENTS

59181

The foregoing appropriation item 350-401, Ohioana Rental	59182
Payments, shall be used to pay the rental expenses of the Martha	59183
Kinney Cooper Ohioana Library Association pursuant to section	59184
3375.61 of the Revised Code.	59185

REGIONAL LIBRARY SYSTEMS

59186

The foregoing appropriation item 350-502, Regional Library	59187
Systems, shall be used to support regional library systems	59188
eligible for funding under section 3375.90 of the Revised Code.	59189

OHIO PUBLIC LIBRARY INFORMATION NETWORK

59190

The foregoing appropriation item 350-604, OPLIN Technology,	59191
shall be used for an information telecommunications network	59192
linking public libraries in the state and such others as may be	59193
certified as participants by the Ohio Public Library Information	59194
Network Board.	59195

The Ohio Public Library Information Network Board shall	59196
consist of eleven members appointed by the State Library Board	59197
from among the staff of public libraries and past and present	59198
members of boards of trustees of public libraries, based on the	59199
recommendations of the Ohio library community. The Ohio Public	59200
Library Information Network Board in consultation with the State	59201
Library shall develop a plan of operations for the network. The	59202
Board shall have the authority to make decisions regarding the use	59203
of the foregoing appropriation item 350-604, OPLIN Technology, and	59204
to receive and expend grants to carry out the operations of the	59205
network in accordance with state law and the authority to appoint	59206
and fix the compensation of a director and necessary staff. The	59207
State Library will be the fiscal agent for the network and shall	59208
have fiscal accountability for the expenditure of funds. The Ohio	59209
Public Library Information Network Board members shall be	59210
reimbursed for actual travel and necessary expenses incurred in	59211
the carrying out of their responsibilities.	59212

In order to limit access to obscene and illegal materials	59213
through internet use at Ohio Public Library Information Network	59214
(OPLIN) terminals, local libraries with OPLIN computer terminals	59215
shall adopt policies that control access to obscene and illegal	59216
materials. These policies may include use of technological	59217
systems to select or block certain internet access. The OPLIN	59218
shall condition provision of its funds, goods, and services on	59219
compliance with these policies. The OPLIN board shall also adopt	59220
and communicate specific recommendations to local libraries on	59221
methods to control such improper usage. These methods may include	59222
each library implementing a written policy controlling such	59223
improper use of library terminals and requirements for parental	59224
involvement or written authorization for juvenile internet usage.	59225

The OPLIN board shall research and assist or advise local	59226
libraries with emerging technologies and methods that may be	59227
effective means to control access to obscene and illegal	59228
materials. The OPLIN Executive Director shall biannually provide	59229
written reports to the Governor, the Speaker and Minority Leader	59230
of the House of Representatives, and the President and Minority	59231
Leader of the Senate on any steps being taken by OPLIN and public	59232
libraries in this state to limit and control such improper usage	59233
as well as information on technological, legal, and law	59234
enforcement trends nationally and internationally affecting this	59235
area of public access and service.	59236

The Ohio Public Library Information Network, InfOhio, and	59237
OhioLink shall, to the extent feasible, coordinate and cooperate	59238
in their purchase or other acquisition of the use of electronic	59239
databases for their respective users and shall contribute funds in	59240
an equitable manner to such effort.	59241

TRANSFER TO OPLIN TECHNOLOGY FUND

59242

Notwithstanding sections 5747.03 and 5747.47 of the Revised	59243
Code and any other provision of law to the contrary, in accordance	59244
with a schedule established by the Director of Budget and	59245
Management, (A) in fiscal year 2002, the Director of Budget and	59246
Management shall transfer $6,361,095 from the Library and Local	59247
Government Support Fund (Fund 065) to the OPLIN Technology Fund	59248
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget	59249
and Management shall transfer $6,477,962 from the Library and	59250
Local Government Support Fund (Fund 065) to the OPLIN Technology	59251
Fund (Fund 4S4).	59252

Section 70. LCO LIQUOR CONTROL COMMISSION	59253

Liquor Control Fund Group

59254

043	970-321	Operating Expenses	$	738,135	$	756,472	59255
TOTAL LCF Liquor Control Fund Group			$	738,135	$	756,472	59256
TOTAL ALL BUDGET FUND GROUPS			$	738,135	$	756,472	59257

Section 71. LOT STATE LOTTERY COMMISSION	59259

State Lottery Fund Group

59260

044	950-100	Personal Services	$	23,990,502	$	25,164,204	59261
044	950-200	Maintenance	$	24,167,162	$	24,698,840	59262
044	950-300	Equipment	$	4,131,719	$	3,664,576	59263
044	950-402	Game and Advertising Contracts	$	64,913,869	$	64,624,331	59264
044	950-601	Prizes, Bonuses, and Commissions	$	136,371,980	$	132,532,125	59265
871	950-602	Annuity Prizes	$	185,454,636	$	188,275,991	59266
872	950-603	Unclaimed Prize Awards	$	13,093,114	$	13,354,976	59267
TOTAL SLF State Lottery Fund							59268
Group			$	452,122,982	$	452,315,043	59269
TOTAL ALL BUDGET FUND GROUPS			$	452,122,982	$	452,315,043	59270

OPERATING EXPENSES

59271

The foregoing appropriation items include all amounts	59272
necessary for the purchase and printing of tickets, consultant	59273
services, and advertising. The Controlling Board may, at the	59274
request of the State Lottery Commission, authorize additional	59275
appropriations for operating expenses of the State Lottery	59276
Commission from the State Lottery Fund up to a maximum of 15 per	59277
cent of anticipated total revenue accruing from the sale of	59278
lottery tickets.	59279

PRIZES, BONUSES, AND COMMISSIONS

59280

Any amounts, in addition to the amounts appropriated in	59281
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	59282
are determined by the Director of the State Lottery Commission to	59283
be necessary to fund prizes, bonuses, and commissions are	59284
appropriated.	59285

ANNUITY PRIZES

59286

With the approval of the Office of Budget and Management, the	59287
State Lottery Commission shall transfer cash from the State	59288
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	59289
(Fund 871) in an amount sufficient to fund deferred prizes. The	59290
Treasurer of State, from time to time, shall credit the Deferred	59291
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	59292
by the Treasurer of State on invested balances.	59293

Any amounts, in addition to the amounts appropriated in	59294
appropriation item 950-602, Annuity Prizes, that are determined by	59295
the Director of the State Lottery Commission to be necessary to	59296
fund deferred prizes and interest earnings are appropriated.	59297

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND	59298

The Ohio Lottery Commission shall transfer an amount greater	59299
than or equal to $633,722,100 in fiscal year 2002 and $621,722,600	59300
in fiscal year 2003 to the Lottery Profits Education Fund.	59301
Transfers from the Commission to the Lottery Profits Education	59302
Fund shall represent the estimated net income from operations for	59303
the Commission and may be supplemented by transfers from the	59304
Unclaimed Prizes Fund at any time in fiscal year 2002 or fiscal	59305
year 2003. Transfers by the Commission to the Lottery Profits	59306
Education Fund shall be administered in accordance with and	59307
pursuant to the Revised Code.	59308

Section 72. MED STATE MEDICAL BOARD	59309

General Services Fund Group

59310

5C6	883-609	State Medical Board Operating	$	6,344,740	$	6,728,301	59311
TOTAL GSF General Services							59312
Fund Group			$	6,344,740	$	6,728,301	59313
TOTAL ALL BUDGET FUND GROUPS			$	6,344,740	$	6,728,301	59314

Section 73. DMH DEPARTMENT OF MENTAL HEALTH

59315

Division of General Administration Intragovernmental Service Fund	59316
Group	59317

151	235-601	General Administration	$	76,095,310	$	78,181,973	59318
TOTAL ISF Intragovernmental							59319
Service Fund Group			$	76,095,310	$	78,181,973	59320

Division of Mental Health--

59321

Psychiatric Services to Correctional Facilities

59322

General Revenue Fund

59323

GRF	332-401	Forensic Services	$	4,259,513	$	4,338,858	59324
TOTAL GRF General Revenue Fund			$	4,259,513	$	4,338,858	59325
TOTAL ALL BUDGET FUND GROUPS			$	80,354,823	$	82,520,831	59326

FORENSIC SERVICES

59327

The foregoing appropriation item 322-401, Forensic Services,	59328
shall be used to provide psychiatric services to courts of common	59329
pleas. The appropriation shall be allocated through community	59330
mental health boards to certified community agencies and shall be	59331
distributed according to the criteria delineated in rule	59332
5122:4-1-01 of the Administrative Code. These community forensic	59333
funds may also be used to provide forensic training to community	59334
mental health boards and to forensic psychiatry residency programs	59335
in hospitals operated by the Department of Mental Health and to	59336
provide evaluations of patients of forensic status in facilities	59337
operated by the Department of Mental Health prior to conditional	59338
release to the community.	59339

In addition, appropriation item 332-401, Forensic Services,	59340
may be used to support projects involving mental health, substance	59341
abuse, courts, and law enforcement to identify and develop	59342
appropriate alternative services to institutionalization for	59343
nonviolent mentally ill offenders, and to provide linkage to	59344
community services for severely mentally disabled offenders	59345
released from institutions operated by the Department of	59346
Rehabilitation and Correction. Funds may also be utilized to	59347
provide forensic monitoring and tracking in addition to community	59348
programs serving persons of forensic status on conditional release	59349
or probation.	59350

Division of Mental Health--

59351

Administration and Statewide Programs

59352

General Revenue Fund

59353

GRF	333-100	Personal Services - Central Administration	$	17,024,323	$	16,807,353	59354
GRF	333-200	Maintenance - Central Administration	$	2,276,155	$	2,318,555	59355
GRF	333-300	Equipment - Central Administration	$	490,894	$	500,038	59356
GRF	333-402	Resident Trainees	$	1,472,858	$	1,500,294	59357
GRF	333-403	Pre-Admission Screening Expenses	$	638,246	$	650,135	59358
GRF	333-415	Lease-Rental Payments	$	24,754,900	$	26,275,300	59359
GRF	333-416	Research Program Evaluation	$	956,224	$	972,178	59360
TOTAL GRF General Revenue Fund			$	47,613,600	$	49,023,853	59361

General Services Fund Group

59362

149	333-609		Central Office Rotary - Operating		$	2,013,823		$	2,037,918		59363
TOTAL General Services Fund Group					$	2,013,823		$	2,037,918		59364

Federal Special Revenue Fund Group

59365

3A7	333-612	Social Services Block Grant	$	25,000	$	25,000	59366
3A8	333-613	Federal Grant - Administration	$	87,000	$	58,000	59367
3A9	333-614	Mental Health Block Grant	$	642,264	$	642,264	59368
3B1	333-635	Community Medicaid Expansion	$	6,550,000	$	5,550,000	59369
324	333-605	Medicaid/Medicare	$	379,009	$	375,219	59370
TOTAL Federal Special Revenue							59371
Fund Group			$	7,683,273	$	6,650,483	59372

State Special Revenue Fund Group

59373

4X5	333-607	Behavioral Health Medicaid Services	$	2,759,400	$	2,828,385	59374
485	333-632	Mental Health Operating	$	130,959	$	134,233	59375
5M2	333-602	PWLC Campus Improvement	$	1,000,000	$	0	59376
TOTAL State Special Revenue							59377
Fund Group			$	3,890,359	$	2,962,618	59378
TOTAL ALL BUDGET FUND GROUPS			$	61,201,055	$	60,674,872	59379

RESIDENCY TRAINEESHIP PROGRAMS

59380

The foregoing appropriation item 333-402, Resident Trainees,	59381
shall be used to fund training agreements entered into by the	59382
Department of Mental Health for the development of curricula and	59383
the provision of training programs to support public mental health	59384
services.	59385

PRE-ADMISSION SCREENING EXPENSES

59386

The foregoing appropriation item 333-403, Pre-Admission	59387
Screening Expenses, shall be used to pay for costs to ensure that	59388
uniform statewide methods for pre-admission screening are in place	59389
to perform assessments for persons in need of mental health	59390
services or for whom institutional placement in a hospital or in	59391
another inpatient facility is sought. Pre-admission screening	59392
includes the following activities: pre-admission assessment,	59393
consideration of continued stay requests, discharge planning and	59394
referral, and adjudication of appeals and grievance procedures.	59395

RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION

59396

The foregoing appropriation item 333-415, Lease-Rental	59397
Payments, shall be used to meet all payments at the times they are	59398
required to be made during the period from July 1, 2001, to June	59399
30, 2003, by the Department of Mental Health pursuant to leases	59400
and agreements made under section 154.20 of the Revised Code, but	59401
limited to the aggregate amount of $51,030,200. Nothing in this	59402
act shall be deemed to contravene the obligation of the state to	59403
pay, without necessity for further appropriation, from the sources	59404
pledged thereto, the bond service charges on obligations issued	59405
pursuant to section 154.20 of the Revised Code.	59406

Section 73.01. DIVISION OF MENTAL HEALTH - HOSPITALS	59407

General Revenue Fund

59408

GRF	334-408	Community and Hospital Mental Health Services	$	356,469,071	$	352,719,838	59409
GRF	334-506	Court Costs	$	958,791	$	976,652	59410
TOTAL GRF General Revenue Fund			$	357,427,862	$	353,696,490	59411

General Services Fund Group

59412

149	334-609	Hospital Rotary - Operating Expenses	$	10,451,492	$	10,451,492	59413
150	334-620	Special Education	$	152,500	$	152,500	59414
TOTAL GSF General Services							59415
Fund Group			$	10,603,992	$	10,603,992	59416

Federal Special Revenue Fund Group

59417

3A8	334-613	Federal Letter of Credit	$	9,000	$	0	59418
3B0	334-617	Elementary and Secondary Education Act	$	202,774	$	214,340	59419
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	59420
324	334-605	Medicaid/Medicare	$	8,791,748	$	9,043,700	59421
5L2	334-619	Health Foundation/Greater Cincinnati	$	131,600	$	94,869	59422
TOTAL FED Federal Special Revenue							59423
Fund Group			$	11,135,122	$	11,352,909	59424

State Special Revenue Fund Group

59425

485	334-632	Mental Health Operating	$	1,991,448	$	1,989,912	59426
692	334-636	Community Mental Health Board Risk Fund	$	361,323	$	370,356	59427
TOTAL SSR State Special Revenue							59428
Fund Group			$	2,352,771	$	2,360,268	59429
TOTAL ALL BUDGET FUND GROUPS			$	381,519,747	$	378,013,659	59430

COMMUNITY MENTAL HEALTH BOARD RISK FUND

59431

The foregoing appropriation item 334-636, Community Mental	59432
Health Board Risk Fund, shall be used to make payments pursuant to	59433
section 5119.62 of the Revised Code.	59434

Section 73.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	59435
SERVICES	59436

General Revenue Fund

59437

GRF	335-419	Community Medication Subsidy	$	7,682,295	$	7,701,549	59438
GRF	335-502	Community Mental Health Programs	$	38,166,674	$	38,166,674	59439
GRF	335-508	Services for Severely Mentally Disabled	$	60,405,135	$	60,905,135	59440
TOTAL GRF General Revenue Fund			$	106,254,104	$	106,773,358	59441

General Services Fund Group

59442

4N8	335-606	Family Stability Incentive	$	7,460,600	$	7,647,115	59443
4P9	335-604	Community Mental Health Projects	$	200,000	$	200,000	59444
TOTAL GSF General Services							59445
Fund Group			$	7,660,600	$	7,847,115	59446

Federal Special Revenue Fund Group

59447

3A7	335-612	Social Services Block Grant	$	9,314,108	$	9,314,108	59448
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	960,000	$	960,000	59449
3A9	335-614	Mental Health Block Grant	$	12,754,654	$	12,737,654	59450
3B1	335-635	Community Medicaid Expansion	$	157,480,000	$	165,355,000	59451

State Special Revenue Fund Group

59452

632	335-616		Community Capital Replacement		$	250,000		$	250,000		59453
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		59454

TOTAL FED Federal Special Revenue					59455
Fund Group	$	180,508,762	$	188,366,762	59456
TOTAL ALL BUDGET FUND GROUPS	$	294,673,466	$	303,237,235	59457
DEPARTMENT TOTAL					59458
GENERAL REVENUE FUND	$	515,555,079	$	513,832,559	59459
DEPARTMENT TOTAL					59460
GENERAL SERVICES FUND GROUP	$	20,278,415	$	20,489,025	59461
DEPARTMENT TOTAL					59462
FEDERAL SPECIAL REVENUE					59463
FUND GROUP	$	199,327,157	$	206,370,154	59464
DEPARTMENT TOTAL					59465
STATE SPECIAL REVENUE FUND GROUP	$	6,493,130	$	5,572,886	59466
DEPARTMENT TOTAL					59467
INTRAGOVERNMENTAL FUND GROUP	$	76,095,310	$	78,181,973	59468
TOTAL DEPARTMENT OF MENTAL HEALTH	$	817,749,091	$	824,446,597	59469

Section 73.03. COMMUNITY MEDICATION SUBSIDY

59471

The foregoing appropriation item 335-419, Community	59472
Medication Subsidy, shall be used to provide subsidized support	59473
for psychotropic medication needs of indigent citizens in the	59474
community to reduce unnecessary hospitalization because of lack of	59475
medication and to provide subsidized support for methadone costs.	59476

GENERAL COMMUNITY MENTAL HEALTH PROGRAMS

59477

The foregoing appropriation item 335-502, Community Mental	59478
Health Programs, shall be distributed by the Department of Mental	59479
Health on a per capita basis to community mental health boards.	59480

The purpose of the appropriation is to provide subsidized	59481
support for general mental health services to Ohioans. The range	59482
of mental health services eligible for funding shall be defined in	59483
a Department of Mental Health rule. Community mental health	59484
boards shall allocate funds in support of these services in	59485
accordance with the mental health needs of the community.	59486

MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS

59487

The foregoing appropriation item 335-508, Services for	59488
Severely Mentally Disabled, shall be used to fund mental health	59489
services for adults and children who meet or have formerly met	59490
criteria established by the Department of Mental Health under its	59491
definition of severely mentally disabled. Those adults and	59492
children who constitute severely mentally disabled include those	59493
with a history of recent or chronic psychiatric hospitalizations,	59494
a history of psychosis, a prognosis of continued severe social and	59495
adaptive functioning impairment, or those certified impaired by	59496
the Social Security Administration for reasons of mental illness.	59497
In addition to the above, children and adolescents who are	59498
currently determined to be severely mentally disabled, or who are	59499
at risk of becoming severely mental disabled, and who are already	59500
in or about to enter the juvenile justice system, or child welfare	59501
system, or receiving special education services within the	59502
education system may also receive services funded by appropriation	59503
item 335-508, Services for Severely Mentally Disabled.	59504

Of the foregoing appropriation item 335-508, Services for	59505
Severely Mentally Disabled, $100,000 in each fiscal year shall be	59506
used to fund family and consumer education and support.	59507

Of the foregoing appropriation item 335-508, Services for	59508
Severely Mentally Disabled, $2.7 million in each fiscal year shall	59509
be used to transfer cash from the General Revenue Fund to Fund	59510
4N8, Family Stability Incentive. This transfer shall be made	59511
using an intrastate transfer voucher.	59512

MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS

59513

Any cash transferred for juvenile offenders projects from the	59514
Department of Youth Services, the Department of Job and Family	59515
Services, the Office of Criminal Justice Services, or other state	59516
agencies to the Department of Mental Health (Fund 149) shall be	59517
used by the Department of Mental Health to fund local mental	59518
health services to juvenile offenders projects that are designed	59519
to address the mental health needs of juvenile offenders with	59520
serious mental illness.	59521

BEHAVIORAL HEALTH MEDICAID SERVICES

59522

The Department of Mental Health shall administer specified	59523
Medicaid Services as delegated by the Department of Job and Family	59524
Services in an interagency agreement. The foregoing appropriation	59525
item 333-607, Behavioral Health Medicaid Services, may be used to	59526
make payments for free-standing psychiatric hospital inpatient	59527
services as defined in an interagency agreement with the	59528
Department of Job and Family Services.	59529

Section 73.04. To increase the cost-effectiveness of	59530
community mental health services, the Director of Mental Health	59531
shall amend or rescind any rules formerly adopted under section	59532
5119.01 of the Revised Code establishing certification standards	59533
for mental health services that do not improve the quality of	59534
services or the health and safety of clients of the services. The	59535
Director shall amend or rescind the rules not later than ninety	59536
days after the effective date of this section.	59537

Section 74. DMR DEPARTMENT OF MENTAL RETARDATION	59538

AND DEVELOPMENTAL DISABILITIES

59539

Section 74.01. GENERAL ADMINISTRATION AND STATEWIDE

59540

SERVICES

59541

General Revenue Fund

59542

GRF	320-321	Central Administration	$	11,001,218	$	11,361,253	59543
GRF	320-411	Special Olympics	$	200,000	$	200,000	59544
GRF	320-412	Protective Services	$	1,402,498	$	1,502,150	59545
GRF	320-415	Lease-Rental Payments	$	24,754,900	$	26,275,300	59546
TOTAL GRF General Revenue Fund			$	37,358,616	$	39,338,703	59547

General Services Fund Group

59548

4B5	320-640	Conference/Training	$	826,463	$	864,496	59549
TOTAL GSF General Services							59550
Fund Group			$	826,463	$	864,496	59551

Federal Special Revenue Fund Group

59552

3A4	320-605	Administrative Support	$	11,964,698	$	12,492,892	59553
3A5	320-613	DD Council Operating	$	992,486	$	992,486	59554
		Expenses					59555
TOTAL FED Federal Special Revenue							59556
Fund Group			$	12,957,184	$	13,485,378	59557
TOTAL ALL GENERAL ADMINISTRATION							59558
AND STATEWIDE SERVICES							59559
BUDGET FUND GROUPS			$	51,142,263	$	53,688,577	59560

LEASE-RENTAL PAYMENTS

59561

The foregoing appropriation item 320-415, Lease-Rental	59562
Payments, shall be used to meet all payments at the times they are	59563
required to be made during the period from July 1, 2001, to June	59564
30, 2003, by the Department of Mental Retardation and	59565
Developmental Disabilities pursuant to leases and agreements made	59566
under section 154.20 of the Revised Code, but limited to the	59567
aggregate amount of $51,030,200. Nothing in this act shall be	59568
deemed to contravene the obligation of the state to pay, without	59569
necessity for further appropriation, from the sources pledged	59570
thereto, the bond service charges on obligations issued pursuant	59571
to section 154.20 of the Revised Code.	59572

Section 74.02. COMMUNITY SERVICES

59573

General Revenue Fund

59574

GRF	322-405	State Use Program	$	264,685	$	264,685	59575
GRF	322-413	Residential and Support	$	155,168,317	$	165,289,811	59576
		Services					59577
GRF	322-451	Family Support Services	$	7,975,870	$	7,975,870	59578
GRF	322-452	Case Management	$	8,984,491	$	9,874,628	59579
GRF	322-501	County Boards Subsidies	$	45,366,297	$	46,817,644	59580
TOTAL GRF General Revenue Fund			$	217,759,660	$	230,222,638	59581

General Services Fund Group

59582

4J6	322-645	Intersystem Services for	$	5,000,000	$	5,000,000	59583
		Children					59584
4U4	322-606	Community MR and DD Trust	$	125,000	$	131,250	59585
4V1	322-611	Program Support	$	2,000,000	$	2,000,000	59586
488	322-603	Residential Services	$	2,499,188	$	2,499,188	59587
		Refund					59588
TOTAL GSF General Services							59589
Fund Group			$	9,624,188	$	9,630,438	59590

Federal Special Revenue Fund Group

59591

3A4	322-605	Community Program Support	$	3,024,047	$	3,326,452	59592
3A4	322-610	Community Residential	$	5,924,858	$	5,924,858	59593
		Support					59594
3A5	322-613	DD Council Grants	$	3,358,290	$	3,358,290	59595
3G6	322-639	Medicaid Waiver	$	148,304,949	$	151,754,169	59596
3M7	322-650	CAFS Medicaid	$	163,747,903	$	172,568,939	59597
325	322-608	Federal Grants -	$	1,360,000	$	1,360,000	59598
		Operating Expenses					59599
325	322-612	Social Service Block	$	11,500,000	$	11,500,000	59600
		Grant					59601
325	322-617	Education Grants -	$	115,000	$	115,000	59602
		Operating					59603
TOTAL FED Federal Special Revenue							59604
Fund Group			$	337,335,047	$	349,907,708	59605

State Special Revenue Fund Group

59606

4K8	322-604	Waiver - Match	$	13,783,463	$	14,039,133	59607
5H0	322-619	Medicaid Repayment	$	562,080	$	576,132	59608
TOTAL SSR State Special Revenue							59609
Fund Group			$	14,345,543	$	14,615,265	59610
TOTAL ALL COMMUNITY SERVICES							59611
BUDGET FUND GROUPS			$	579,064,438	$	604,376,049	59612

RESIDENTIAL AND SUPPORT SERVICES

59613

The foregoing appropriation item 322-413, Residential and	59614
Support Services, shall be used for any of the following:	59615

(A) Home and community-based waiver services pursuant to	59616
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	59617
U.S.C. 301, as amended;	59618

(B) Services contracted by county boards of mental	59619
retardation and developmental disabilities;	59620

(C) Supported living services contracted by county boards of	59621
mental retardation and developmental disabilities in accordance	59622
with sections 5126.40 to 5126.47 of the Revised Code;	59623

(D) Sermak Class Services used to implement the requirements	59624
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220,	59625
United States District Court for the Southern District of Ohio,	59626
Eastern Division;	59627

(E) Other Medicaid-reimbursed programs, in an amount not to	59628
exceed $1,000,000 in each fiscal year, that enable persons with	59629
mental retardation and developmental disabilities to live in the	59630
community.	59631

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	59632
the Department of Mental Retardation and Developmental	59633
Disabilities may develop residential and support service programs	59634
that enable persons with mental retardation and developmental	59635
disabilities to live in the community. Notwithstanding Chapter	59636
5121. and section 5123.122 of the Revised Code, the department may	59637
waive the support collection requirements of those statutes for	59638
persons in community programs developed by the department under	59639
this section. The department shall adopt rules under Chapter 119.	59640
of the Revised Code or may use existing rules for the	59641
implementation of these programs.	59642

The Department of Mental Retardation and Developmental	59643
Disabilities may designate a portion of appropriation item	59644
332-413, Residential and Support Services, to county boards of	59645
mental retardation and developmental disabilities that have	59646
greater need for various residential and support services due to a	59647
low percentage of residential and support services development in	59648
comparison to the number of individuals with mental retardation or	59649
developmental disabilities in the county.	59650

Not later than 30 days after the effective date of this	59651
section, the Director of Budget and Management shall transfer up	59652
to $5,000,000 from appropriation item 322-413, Residential and	59653
Support Services, to appropriation item 322-501, County Boards	59654
Subsidies. The total amount that is transferred from appropriation	59655
item 322-413 to appropriation item 322-501 shall be used for the	59656
tax equalization program created under sections 5126.16 to 5126.18	59657
of the Revised Code and is subject to all statutes and rules	59658
established for the tax equalization program.	59659

Not later than July 30, 2002, the Director of Budget and	59660
Management shall transfer up to $11,500,000 from appropriation	59661
item 322-413, Residential and Support Services, to appropriation	59662
item 322-501, County Boards Subsidies. The total amount that is	59663
transferred from appropriation item 322-413 to appropriation item	59664
322-501 shall be used for the tax equalization program created	59665
under sections 5126.16 to 5126.18 of the Revised Code and is	59666
subject to all statutes and rules established for the tax	59667
equalization program.	59668

Of the foregoing appropriation item 322-413, Residential and	59669
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in	59670
fiscal year 2003 shall be distributed by the Department to county	59671
boards of mental retardation and developmental disabilities to	59672
support existing residential facilities waiver and individual	59673
options waiver related Medicaid activities provided for in the	59674
component of a county board's plan developed under division (A)(2)	59675
of section 5126.054 of the Revised Code and approved under section	59676
5123.046 of the Revised Code. Up to $3,000,000 of these funds in	59677
each fiscal year may be used to implement day-to-day program	59678
management services under division (A)(2) of section 5126.054 of	59679
the Revised Code. Up to $4,200,000 in each fiscal year may be used	59680
to implement the program and health and welfare requirements of	59681
division (A)(2) of section 5126.054 of the Revised Code.	59682

In fiscal years 2002 and 2003, not less than $2,500,000 and	59683
$2,650,000, respectively, of these funds shall be used to recruit	59684
and retain, under division (A)(2) of section 5126.054 of the	59685
Revised Code, the direct care staff necessary to implement the	59686
services included in an individualized service plan in a manner	59687
that ensures the health and welfare of the individuals being	59688
served.	59689

FAMILY SUPPORT SERVICES

59690

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	59691
5126.11 of the Revised Code, the Department of Mental Retardation	59692
and Developmental Disabilities may implement programs funded by	59693
appropriation item 322-451, Family Support Services, to provide	59694
assistance to persons with mental retardation or developmental	59695
disabilities and their families who are living in the community.	59696
The department shall adopt rules to implement these programs.	59697

CASE MANAGEMENT

59698

The foregoing appropriation item 322-452, Case Management,	59699
shall be allocated to county boards of mental retardation and	59700
developmental disabilities for the purpose of providing case	59701
management services and to assist in bringing state funding for	59702
all department-approved case managers within county boards of	59703
mental retardation and developmental disabilities to the level	59704
authorized in division (C) of section 5126.15 of the Revised Code.	59705
The department may request approval from the Controlling Board to	59706
transfer any unobligated appropriation authority from other state	59707
General Revenue Fund appropriation items within the department's	59708
budget to appropriation item 322-452, Case Management, to be used	59709
to meet the statutory funding level in division (C) of section	59710
5126.15 of the Revised Code.	59711

Notwithstanding division (C) of section 5126.15 of the	59712
Revised Code and subject to funding in appropriation item 322-452,	59713
Case Management, no county may receive less than its allocation in	59714
fiscal year 1995.	59715

Section 74.03. RENAMING OF CASE MANAGEMENT SERVICES

59716

As used in this section, "service and support administration"	59717
has the same meaning as in section 5126.01 of the Revised Code, as	59718
amended by this act.	59719

Wherever case management services are referred to in any law,	59720
contract, or other document, the reference shall be deemed to	59721
refer to service and support administration. No action or	59722
proceeding pending on the effective date of this section is	59723
affected by the renaming of case management services as service	59724
and support administration.	59725

The Department of Mental Retardation and Developmental	59726
Disabilities shall adopt, amend, and rescind rules as necessary to	59727
reflect the renaming of case management services as service and	59728
support administration. All boards of mental retardation and	59729
developmental disabilities and the entities with which they	59730
contract for services shall rename the titles of their employees	59731
who provide service and support administration. All boards and	59732
contracting entities shall make corresponding changes to all	59733
employment contracts.	59734

STATE SUBSIDIES TO MR/DD BOARDS

59735

Of the foregoing appropriation item 322-501, County Boards	59736
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in	59737
fiscal year 2003 shall be used to fund the tax equalization	59738
program created under sections 5126.16 to 5126.18 of the Revised	59739
Code for county boards of mental retardation and developmental	59740
disabilities. The tax equalization program shall utilize the	59741
average daily membership of adults 22 years of age and older in	59742
habilitation, vocational, and community employment services only	59743
for the yield on 1/2 mills.	59744

After funding the tax equalization program, the Department of	59745
Mental Retardation and Developmental Disabilities shall distribute	59746
the remaining appropriation authority in appropriation item	59747
322-501, County Boards Subsidies, to county boards of mental	59748
retardation and developmental disabilities for subsidies	59749
distributed pursuant to section 5126.12 of the Revised Code to the	59750
limit of the lesser of the amount required by that section or the	59751
remaining balance of the appropriation authority in appropriation	59752
item 322-501 prorated to all county boards of mental retardation	59753
and developmental disabilities.	59754

INTERSYSTEM SERVICES FOR CHILDREN

59755

The foregoing appropriation item 322-645, Intersystem	59756
Services for Children, shall be used to support direct grants to	59757
county family and children first councils created under section	59758
121.37 of the Revised Code. The funds shall be used as partial	59759
support payment and reimbursement for locally coordinated	59760
treatment plans for multi-needs children that come to the	59761
attention of the Family and Children First Cabinet Council	59762
pursuant to section 121.37 of the Revised Code. Any child	59763
referred for funding under this program must have an	59764
individualized educational plan (IEP) in place. The Department of	59765
Mental Retardation and Developmental Disabilities may use up to	59766
five per cent of this amount for administrative expenses	59767
associated with the distribution of funds to the county councils.	59768

WAIVER - MATCH

59769

The foregoing appropriation item 322-604, Waiver-Match (Fund	59770
4K8), shall be used as state matching funds for the home and	59771
community-based waivers.	59772

The Department of Job and Family Services may enter into an	59773
interagency agreement with the Department of Mental Retardation	59774
and Developmental Disabilities providing for the Department of	59775
Mental Retardation and Developmental Disabilities to operate the	59776
program.	59777

DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A MODEL BILLING FOR	59778
SERVICES RENDERED	59779

Developmental centers of the Department of Mental Retardation	59780
and Developmental Disabilities may provide services to persons	59781
with mental retardation or developmental disabilities living in	59782
the community or to providers of services to these persons. The	59783
department may develop a methodology for recovery of all costs	59784
associated with the provisions of these services.	59785

Section 74.04. RESIDENTIAL FACILITIES

59786

General Revenue Fund

59787

GRF	323-321	Residential Facilities	$	99,765,232	$	99,917,289	59788
		Operations					59789
TOTAL GRF General Revenue Fund			$	99,765,232	$	99,917,289	59790

General Services Fund Group

59791

152	323-609	Residential Facilities	$	889,929	$	912,177	59792
		Support					59793
TOTAL GSF General Services							59794
Fund Group			$	889,929	$	912,177	59795

Federal Special Revenue Fund Group

59796

3A4	323-605	Residential Facilities	$	120,985,419	$	120,985,419	59797
		Reimbursement					59798
325	323-608	Federal Grants -	$	532,000	$	536,000	59799
		Subsidies					59800
325	323-617	Education Grants -	$	411,000	$	411,000	59801
		Residential Facilities					59802
TOTAL FED Federal Special Revenue							59803
Fund Group			$	121,928,419	$	121,932,419	59804

State Special Revenue Fund Group

59805

489	323-632	Operating Expense	$	11,506,603	$	12,125,628	59806
TOTAL SSR State Special Revenue							59807
Fund Group			$	11,506,603	$	12,125,628	59808
TOTAL ALL RESIDENTIAL FACILITIES							59809
BUDGET FUND GROUPS			$	234,090,183	$	234,887,513	59810

DEPARTMENT TOTAL					59811
GENERAL REVENUE FUND	$	354,883,508	$	369,478,630	59812
DEPARTMENT TOTAL					59813
GENERAL SERVICES FUND GROUP	$	11,340,580	$	11,407,111	59814
DEPARTMENT TOTAL					59815
FEDERAL SPECIAL REVENUE FUND GROUP	$	472,220,650	$	485,325,505	59816
DEPARTMENT TOTAL					59817
STATE SPECIAL REVENUE FUND GROUP	$	25,852,146	$	26,740,893	59818
TOTAL DEPARTMENT OF MENTAL					59819
RETARDATION AND DEVELOPMENTAL					59820
DISABILITIES	$	864,296,884	$	892,952,139	59821

Section 74.05. (A) There is hereby created the Executive	59823
Branch Committee on Medicaid Redesign and Expansion of MRDD	59824
Services. The committee shall consist of all of the following	59825
individuals:	59826

(1) One representative of the Governor appointed by the	59827
Governor;	59828

(2) Two representatives of the Department of Mental	59829
Retardation and Developmental Disabilities appointed by the	59830
Director of Mental Retardation and Developmental Disabilities;	59831

(3) Two representatives of the Department of Job and Family	59832
Services appointed by the Director of Job and Family Services;	59833

(4) One representative of the Office of Budget and	59834
Management appointed by the Director of Budget and Management;	59835

(5) One representative of the ARC of Ohio appointed by the	59836
organization's board of trustees;	59837

(6) One representative of the Ohio Association of County	59838
Boards of Mental Retardation and Developmental Disabilities	59839
appointed by the association's board of trustees;	59840

(7) One representative of the Ohio Association of	59841
Superintendents of County Boards of Mental Retardation and	59842
Developmental Disabilities appointed by the organization's board	59843
of trustees;	59844

(8) One representative of the Ohio Provider Resource	59845
Association appointed by the association's board of trustees;	59846

(9) One representative of the Ohio Health Care Association	59847
appointed by the association's board of trustees;	59848

(10) One representative of individuals with mental	59849
retardation or other developmental disability appointed by the	59850
Director of Mental Retardation and Developmental Disabilities.	59851

(B) The Governor shall appoint the chairperson of the	59852
committee. Members of the committee shall serve without	59853
compensation or reimbursement, except to the extent that serving	59854
on the committee is considered a part of their regular employment	59855
duties.	59856

(C) The committee shall meet at times determined by the	59857
chairperson to do all of the following:	59858

(1) Review the effect that the provisions of this act	59859
regarding Medicaid funding for services to individuals with mental	59860
retardation or other developmental disability have on the funding	59861
and provision of services to such individuals;	59862

(2) Identify issues related to, and barriers to, the	59863
effective implementation of those provisions of this act with the	59864
goal of meeting the needs of individuals with mental retardation	59865
or other developmental disability;	59866

(3) Establish effective means for resolving the issues and	59867
barriers, including advocating changes to state law, rules, or	59868
both.	59869

(D) The committee shall finish a preliminary report on its	59870
actions no later than one year after the effective date of this	59871
section and a final report on its actions no later than three	59872
years after the effective date of this section. The committee	59873
shall submit the reports to the Governor and Directors of Mental	59874
Retardation and Developmental Disabilities and Job and Family	59875
Services. The committee shall cease to exist on submission of the	59876
final report unless the Governor issues an executive order	59877
providing for the committee to continue.	59878

Section 75. MIH COMMISSION ON MINORITY HEALTH	59879

General Revenue Fund

59880

GRF	149-321	Operating Expenses	$	635,218	$	638,229	59881
GRF	149-501	Minority Health Grants	$	954,360	$	951,348	59882
GRF	149-502	Lupus Program	$	179,206	$	179,206	59883
TOTAL GRF General Revenue Fund			$	1,768,784	$	1,768,783	59884

Federal Special Revenue Fund Group

59885

3J9	149-602	Federal Grants	$	155,000	$	150,000	59886
TOTAL FED Federal Special Revenue							59887
Fund Group			$	155,000	$	150,000	59888

State Special Revenue Fund Group

59889

4C2	149-601	Minority Health Conference	$	369,194	$	320,776	59890
TOTAL SSR State Special Revenue							59891
Fund Group			$	369,194	$	320,776	59892
TOTAL ALL BUDGET FUND GROUPS			$	2,292,978	$	2,239,559	59893

LUPUS PROGRAM

59894

The foregoing appropriation item 149-502, Lupus Program,	59895
shall be used to provide grants for programs in patient, public,	59896
and professional education on the subject of systemic lupus	59897
erythemtosus; to encourage and develop local centers on lupus	59898
information gathering and screening; and to provide outreach to	59899
minority women.	59900

Section 76. CRB MOTOR VEHICLE COLLISION REPAIR	59901

REGISTRATION BOARD

59902

General Service Fund Group

59903

5H9	865-609	Operating Expenses	$	250,025	$	262,952	59904
TOTAL GSF General Services							59905
Fund Group			$	250,025	$	262,952	59906
TOTAL ALL BUDGET FUND GROUPS			$	250,025	$	262,952	59907

Section 77. DNR DEPARTMENT OF NATURAL RESOURCES

59909

General Revenue Fund

59910

GRF	725-401	Wildlife - GRF Central Support	$	1,050,000	$	1,050,000	59911
GRF	725-404	Fountain Square Rental Payments - OBA	$	1,092,400	$	1,089,100	59912
GRF	725-407	Conservation Reserve Enhancement Program	$	1,920,400	$	1,920,400	59913
GRF	725-412	Reclamation Commission	$	67,123	$	70,971	59914
GRF	725-413	OPFC Lease Rental Payments	$	16,211,500	$	14,279,000	59915
GRF	725-423	Stream and Ground Water Gauging	$	448,745	$	478,214	59916
GRF	725-425	Wildlife License Reimbursement	$	1,000,000	$	1,000,000	59917
GRF	725-456	Canal Lands	$	397,811	$	407,756	59918
GRF	725-502	Soil and Water Districts	$	12,526,462	$	12,771,123	59919
GRF	725-903	Natural Resources General Obligation Debt Service	$	19,001,100	$	22,101,900	59920
GRF	725-904	Conservation General Obligation Debt Service	$	1,595,000	$	6,695,000	59921
GRF	727-321	Division of Forestry	$	10,209,173	$	10,888,345	59922
GRF	728-321	Division of Geological Survey	$	2,269,911	$	2,432,974	59923
GRF	729-321	Office of Information Technology	$	1,072,960	$	1,985,667	59924
GRF	730-321	Division of Parks and Recreation	$	35,651,542	$	37,972,382	59925
GRF	733-321	Division of Water	$	4,035,213	$	4,234,581	59926
GRF	736-321	Division of Engineering	$	3,709,501	$	3,918,766	59927
GRF	737-321	Division of Soil and Water	$	4,675,812	$	4,879,744	59928
GRF	738-321	Division of Real Estate and Land Management	$	2,540,554	$	2,669,042	59929
GRF	741-321	Division of Natural Areas and Preserves	$	3,439,427	$	3,616,940	59930
GRF	743-321	Division of Civilian Conservation	$	2,842,407	$	0	59931
GRF	744-321	Division of Mineral Resources Management	$	3,946,725	$	4,162,882	59932
TOTAL GRF General Revenue Fund			$	129,703,766	$	138,624,787	59933

General Services Fund Group

59934

155	725-601	Departmental Projects	$	2,216,594	$	1,913,242	59935
157	725-651	Central Support Indirect	$	8,009,551	$	8,423,094	59936
158	725-604	Natural Resources Publication Center Intrastate	$	94,198	$	94,595	59937
161	725-635	Parks Facilities Maintenance	$	2,993,169	$	3,063,124	59938
162	725-625	Civilian Conservation Corps Operations	$	200,000	$	0	59939
204	725-687	Information Services	$	3,010,774	$	3,971,856	59940
206	725-689	REALM Support Services	$	475,000	$	475,000	59941
207	725-690	Real Estate Services	$	50,000	$	54,000	59942
4D5	725-618	Recycled Materials	$	50,000	$	50,000	59943
4S9	725-622	NatureWorks Personnel	$	759,143	$	832,528	59944
4X8	725-662	Water Resources Council	$	275,633	$	282,524	59945
430	725-671	Canal Lands	$	1,215,441	$	1,259,511	59946
508	725-684	Natural Resources Publication Center Interstate	$	239,538	$	245,808	59947
510	725-631	Maintenance - state-owned residences	$	224,926	$	229,710	59948
516	725-620	Water Management	$	2,459,256	$	2,522,146	59949
635	725-664	Fountain Square Facilities Management	$	2,755,109	$	2,821,999	59950
697	725-670	Submerged Lands	$	589,315	$	615,000	59951
TOTAL GSF General Services							59952
Fund Group			$	25,617,647	$	26,854,137	59953

Federal Special Revenue Fund Group

59954

3B3	725-640	Federal Forest Pass-Thru	$	55,000	$	55,000	59955
3B4	725-641	Federal Flood Pass-Thru	$	190,000	$	190,000	59956
3B5	725-645	Federal Abandoned Mine Lands	$	9,908,408	$	10,125,056	59957
3B6	725-653	Federal Land and Water Conservation Grants	$	3,559,697	$	3,689,697	59958
3B7	725-654	Reclamation - Regulatory	$	1,788,579	$	1,799,459	59959
3P0	725-630	Natural Areas and Preserves - Federal	$	230,000	$	230,000	59960
3P1	725-632	Geological Survey - Federal	$	381,910	$	366,303	59961
3P2	725-642	Oil and Gas-Federal	$	189,701	$	190,289	59962
3P3	725-650	Real Estate and Land Management - Federal	$	2,980,975	$	3,184,300	59963
3P4	725-660	Water - Federal	$	180,000	$	180,000	59964
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	600,000	$	613,200	59965
328	725-603	Forestry Federal	$	1,200,000	$	1,200,000	59966
332	725-669	Federal Mine Safety Grant	$	136,423	$	141,880	59967
TOTAL FED Federal Special Revenue							59968
Fund Group			$	21,400,693	$	21,965,184	59969

State Special Revenue Fund Group

59970

4J2	725-628	Injection Well Review	$	51,742	$	61,638	59971
4M7	725-631	Wildfire Suppression	$	150,310	$	150,000	59972
4U6	725-668	Scenic Rivers Protection	$	500,000	$	510,000	59973
5B3	725-674	Mining Regulation	$	35,000	$	35,000	59974
5K1	725-626	Urban Forestry Grant	$	400,000	$	400,000	59975
5P2	725-634	Wildlife Boater Angler Administration	$	1,500,000	$	1,500,000	59976
509	725-602	State Forest	$	1,489,013	$	1,536,595	59977
511	725-646	Ohio Geologic Mapping	$	1,010,933	$	1,070,899	59978
512	725-605	State Parks Operations	$	28,844,322	$	29,915,146	59979
514	725-606	Lake Erie Shoreline	$	1,171,052	$	1,446,305	59980
518	725-643	Oil and Gas Permit Fees	$	1,821,252	$	1,821,325	59981
518	725-677	Oil and Gas Well Plugging	$	800,000	$	800,000	59982
521	725-627	Off-Road Vehicle Trails	$	66,213	$	68,490	59983
522	725-656	Natural Areas Checkoff Funds	$	1,508,080	$	1,860,670	59984
526	725-610	Strip Mining Administration Fees	$	1,480,566	$	1,449,459	59985
527	725-637	Surface Mining Administration	$	2,963,272	$	3,093,938	59986
529	725-639	Unreclaimed Land Fund	$	1,964,744	$	2,040,327	59987
531	725-648	Reclamation Forfeiture	$	1,455,835	$	1,491,087	59988
532	725-644	Litter Control and Recycling	$	13,137,680	$	13,311,365	59989
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	59990
615	725-661	Dam Safety	$	244,442	$	259,758	59991
TOTAL SSR State Special Revenue							59992
Fund Group			$	61,594,456	$	63,822,002	59993

Wildlife Fund Group

59994

015	740-401	Division of Wildlife Conservation	$	46,177,752	$	48,713,747	59995
815	725-636	Cooperative Management Projects	$	156,536	$	160,449	59996
816	725-649	Wetlands Habitat	$	943,303	$	966,885	59997
817	725-655	Wildlife Conservation Checkoff Fund	$	1,435,567	$	1,472,755	59998
818	725-629	Cooperative Fisheries Research	$	964,470	$	988,582	59999
819	725-685	Ohio River Management	$	125,448	$	128,584	60000
TOTAL WLF Wildlife Fund Group			$	49,803,076	$	52,431,002	60001

Waterways Safety Fund Group

60002

086	725-414	Waterways Improvement	$	3,301,688	$	3,472,497	60003
086	725-416	Natural Areas Marine Patrol	$	25,000	$	0	60004
086	725-417	Parks Marine Patrol	$	25,000	$	0	60005
086	725-418	Buoy Placement	$	41,153	$	42,182	60006
086	725-501	Waterway Safety Grants	$	134,504	$	137,867	60007
086	725-506	Watercraft Marine Patrol	$	562,100	$	576,153	60008
086	725-513	Watercraft Educational Grants	$	357,700	$	366,643	60009
086	739-401	Division of Watercraft	$	16,579,526	$	17,374,158	60010
TOTAL WSF Waterways Safety Fund							60011
Group			$	21,026,671	$	21,969,500	60012

Holding Account Redistribution Fund Group

60013

R17	725-659	Performance Cash Bond Refunds	$	251,500	$	252,000	60014
R43	725-624	Forestry	$	1,750,000	$	1,750,000	60015
TOTAL 090 Holding Account							60016
Redistribution Fund Group			$	2,001,500	$	2,002,000	60017

Accrued Leave Liability Fund Group

60018

4M8	725-675	FOP Contract	$	19,609	$	20,844	60019
TOTAL ALF Accrued Leave							60020
Liability Fund Group			$	19,609	$	20,844	60021
TOTAL ALL BUDGET FUND GROUPS			$	311,167,418	$	327,689,456	60022

Section 77.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT	60024
SERVICE	60025

The foregoing appropriation item 725-903, Natural Resources	60026
General Obligation Debt Service, shall be used to pay all debt	60027
service and financing costs at the times they are required to be	60028
made pursuant to sections 151.01 and 151.05 of the Revised Code	60029
during the period from July 1, 2001, to June 30, 2003. The Office	60030
of the Sinking Fund or the Director of Budget and Management shall	60031
effectuate the required payments by an intrastate transfer	60032
voucher.	60033

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

60034

The foregoing appropriation item 725-904, Conservation	60035
General Obligation Debt Service, shall be used to pay all debt	60036
service and financing costs during the period from July 1, 2001,	60037
to June 30, 2003, on obligations to be issued for conservation	60038
purposes under Section 2o of Article VIII, Ohio Constitution, and	60039
implementing legislation. The Office of the Sinking Fund or the	60040
Director of Budget and Management shall effectuate the required	60041
payments by an intrastate transfer voucher.	60042

LEASE RENTAL PAYMENTS

60043

The foregoing appropriation item 725-413, OPFC Lease Rental	60044
Payments, shall be used to meet all payments at the times they are	60045
required to be made during the period from July 1, 2001, to June	60046
30, 2003, by the Department of Natural Resources pursuant to	60047
leases and agreements made under section 154.22 of the Revised	60048
Code, but limited to the aggregate amount of $30,490,500. Nothing	60049
in this act shall be deemed to contravene the obligation of the	60050
state to pay, without necessity for further appropriation, from	60051
the sources pledged thereto, the bond service charges on	60052
obligations issued pursuant to section 154.22 of the Revised Code.	60053

FOUNTAIN SQUARE

60054

The foregoing appropriation item 725-404, Fountain Square	60055
Rental Payments - OBA, shall be used by the Department of Natural	60056
Resources to meet all payments required to be made to the Ohio	60057
Building Authority during the period from July 1, 2001, to June	60058
30, 2003, pursuant to leases and agreements with the Ohio Building	60059
Authority under section 152.241 of the Revised Code, but limited	60060
to the aggregate amount of $2,181,500.	60061

The Director of Natural Resources, using intrastate transfer	60062
vouchers, shall make payments to the General Revenue Fund from	60063
funds other than the General Revenue Fund to reimburse the General	60064
Revenue Fund for the other funds' shares of the lease rental	60065
payments to the Ohio Building Authority. The transfers from the	60066
non-General Revenue funds shall be made within 10 days of the	60067
payment to the Ohio Building Authority for the actual amounts	60068
necessary to fulfill the leases and agreements pursuant to section	60069
152.241 of the Revised Code.	60070

The foregoing appropriation item 725-664, Fountain Square	60071
Facilities Management (Fund 635), shall be used for payment of	60072
repairs, renovation, utilities, property management, and building	60073
maintenance expenses for the Fountain Square Complex. Cash	60074
transferred by intrastate transfer vouchers from various	60075
department funds and rental income received by the Department of	60076
Natural Resources shall be deposited to the Fountain Square	60077
Facilities Management Fund (Fund 635).	60078

Section 77.02. CENTRAL SUPPORT INDIRECT

60079

With the exception of the Division of Wildlife, whose	60080
indirect central support charges shall be paid out of the General	60081
Revenue Fund from the foregoing appropriation item 725-401,	60082
Wildlife - GRF Central Support, the Department of Natural	60083
Resources, with the approval of the Director of Budget and	60084
Management, shall utilize a methodology for determining each	60085
division's payments into the Central Support Indirect Fund (Fund	60086
157). The methodology used shall contain the characteristics of	60087
administrative ease and uniform application. Payments to the	60088
Central Support Indirect Fund shall be made using an intrastate	60089
transfer voucher.	60090

WILDLIFE LICENSE REIMBURSEMENT

60091

Notwithstanding the limits of the transfer from the General	60092
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	60093
of the Revised Code, up to the amount available in appropriation	60094
item 725-425, Wildlife License Reimbursement, may be transferred	60095
from the General Revenue Fund to the Wildlife Fund (Fund 015).	60096
Pursuant to the certification of the Director of Budget and	60097
Management of the amount of foregone revenue in accordance with	60098
section 1533.15 of the Revised Code, the foregoing appropriation	60099
item in the General Revenue Fund, appropriation item 725-425,	60100
Wildlife License Reimbursement, shall be used to reimburse the	60101
Wildlife Fund (Fund 015) for the cost of hunting and fishing	60102
licenses and permits issued after June 30, 1990, to individuals	60103
who are exempted under the Revised Code from license, permit, and	60104
stamp fees.	60105

SOIL AND WATER DISTRICTS

60106

In addition to state payments to soil and water conservation	60107
districts authorized by section 1515.10 of the Revised Code, the	60108
Department of Natural Resources may pay to any soil and water	60109
conservation district, from authority in appropriation item	60110
725-502, Soil and Water Districts, an annual amount not to exceed	60111
$30,000, upon receipt of a request and justification from the	60112
district and approval by the Ohio Soil and Water Conservation	60113
Commission. The county auditor shall credit the payments to the	60114
special fund established under section 1515.10 of the Revised Code	60115
for the local soil and water conservation district. Moneys	60116
received by each district shall be expended for the purposes of	60117
the district.	60118

Of the foregoing appropriation item 725-502, Soil and Water	60119
Districts, $150,000 in each fiscal year shall be distributed to	60120
the Muskingum Watershed Conservancy District and $50,000 in each	60121
fiscal year shall be distributed to the Livestock Assurance	60122
Program.	60123

Of the foregoing appropriation 725-502, Soil and Water	60124
Districts, $136,000 shall be earmarked in fiscal year 2002 for	60125
Indian Lake, $56,000 per fiscal year for the Conservation Action	60126
Program, $48,000 in fiscal year 2002 for Millcreek Valley	60127
Conservation District, $40,000 per fiscal year for Wills Creek	60128
Reservoir, $120,000 in fiscal year 2002 for the relocation of	60129
Route 30, $250,000 in fiscal year 2002 for the Upper Hocking and	60130
Rush Creek Flood Control project, and $100,000 per fiscal year for	60131
Rush Creek Conservancy District. Of the foregoing appropriation	60132
item 725-502, Soil and Water Districts, $150,000 shall be	60133
earmarked in each fiscal year for the Loramie Lake Project.	60134

DIVISION OF SOIL AND WATER

60135

Of the foregoing appropriation item 737-321, Division of Soil	60136
and Water, $220,000 in each fiscal year shall be distributed to	60137
the Water Quality Laboratory located at Heidelberg College.	60138

CANAL LANDS

60139

The foregoing appropriation item 725-456, Canal Lands, shall	60140
be used to transfer funds to the Canal Lands Fund (Fund 430) to	60141
provide operating expenses for the State Canal Lands Program. The	60142
transfer shall be made using an intrastate transfer voucher and	60143
shall be subject to the approval of the Director of Budget and	60144
Management.	60145

WATERCRAFT MARINE PATROL

60146

Of the foregoing appropriation item 739-401, Division of	60147
Watercraft, not more than $200,000 in each fiscal year shall be	60148
expended for the purchase of equipment for marine patrols	60149
qualifying for funding from the Department of Natural Resources	60150
pursuant to section 1547.67 of the Revised Code. Proposals for	60151
equipment shall accompany the submission of documentation for	60152
receipt of a marine patrol subsidy pursuant to section 1547.67 of	60153
the Revised Code and shall be loaned to eligible marine patrols	60154
pursuant to a cooperative agreement between the Department of	60155
Natural Resources and the eligible marine patrol.	60156

FUND CONSOLIDATION

60157

On July 15, 2001, or as soon thereafter as possible, the	60158
Director of Budget and Management shall transfer the cash balances	60159
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	60160
any amounts that accrue to that fund after that date, to the	60161
Wildlife Education Fund (Fund 015). The Director shall cancel any	60162
remaining outstanding encumbrances against appropriation item	60163
725-612, Wildlife Education, and reestablish them against	60164
appropriation item 740-401, Division of Wildlife Conservation. The	60165
amounts of any encumbrances canceled and reestablished are	60166
appropriated.	60167

On July 15, 2001, or as soon thereafter as possible, the	60168
Director of Budget and Management shall transfer the cash balances	60169
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	60170
30, 2001, and any amounts that accrue to that fund after that	60171
date, to the Waterways Safety Fund (Fund 086). The director shall	60172
cancel any remaining outstanding encumbrances against	60173
appropriation item 725-614, Cooperative Boat Harbor Projects, and	60174
reestablish them against appropriation item 739-401, Division of	60175
Watercraft. The amounts of any encumbrances canceled and	60176
reestablished are hereby appropriated.	60177

On July 15, 2001, or as soon thereafter as possible, the	60178
Director of Budget and Management shall transfer the cash balances	60179
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	60180
and any amounts that accrue to that fund after that date, to the	60181
State Forest Fund (Fund 509). The director shall cancel any	60182
remaining outstanding encumbrances against appropriation item	60183
725-617, Forestry Development Fund, and reestablish them against	60184
appropriation item 725-602, State Forest. The amounts of any	60185
encumbrances canceled and reestablished are appropriated. No	60186
interest shall be credited to Fund 4B8 after June 30, 2001.	60187

On July 15, 2001, or as soon thereafter as possible, the	60188
Director of Budget and Management shall transfer the cash balance	60189
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	60190
the repeal of section 1507.12 of the Revised Code in this act, to	60191
the Burr Oak Regional Water District.	60192

CIVILIAN CONSERVATION CORPS

60193

The Director of Budget and Management, before June 30, 2003,	60194
shall transfer the cash balance of the Civilian Conservation Corps	60195
Operations Fund (Fund 162), and shall transfer any amounts that	60196
accrue to that fund after that date, to the State Parks Operations	60197
Fund (Fund 512). The Director shall cancel any existing	60198
encumbrances against appropriation item 725-625, Civilian	60199
Conservation Corps Operations, and re-establish them against	60200
appropriation item 725-605, State Parks Operations. The amount of	60201
the re-established encumbrances is appropriated. After the cash	60202
balance is transferred, the Civilian Conservation Corps Operations	60203
Fund (Fund 162), which was created by the Controlling Board in	60204
1982, is abolished.	60205

PARKS FACILITIES MAINTENANCE

60206

Notwithstanding section 1541.221 of the Revised Code, the	60207
first $1,100,000 that would be transferred to the Parks Facilities	60208
Maintenance Fund (Fund 161) in fiscal year 2002 shall be retained	60209
by the State Park Fund (Fund 512). The difference between ten per	60210
cent of the receipts from revenue-producing facilities of the	60211
division of parks and recreation and $1,100,000 shall be	60212
transferred to the Parks Facilities Maintenance Fund in fiscal	60213
year 2002.	60214

OIL AND GAS WELL PLUGGING

60215

The foregoing appropriation item 725-677, Oil and Gas Well	60216
Plugging, shall be used exclusively for the purposes of plugging	60217
wells and to properly restore the land surface of idle and orphan	60218
oil and gas wells pursuant to section 1509.071 of the Revised	60219
Code. No funds from the appropriation item shall be used for	60220
salaries, maintenance, equipment, or other administrative	60221
purposes, except for those costs directly attributed to the	60222
plugging of an idle or orphan well. Appropriation authority from	60223
this line item shall not be transferred to any other fund or line	60224
item.	60225

Section 78. NUR STATE BOARD OF NURSING	60226

General Services Fund Group

60227

4K9	884-609	Operating Expenses	$	4,816,241	$	5,205,776	60228
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	60229
TOTAL GSF General Services							60230
Fund Group			$	4,821,241	$	5,210,776	60231
TOTAL ALL BUDGET FUND GROUPS			$	4,821,241	$	5,210,776	60232

NURSING SPECIAL ISSUES

60233

Not later than thirty days after the effective date of this	60234
section, the Director of Budget and Management shall transfer	60235
$5,000 cash from the Occupational Licensing and Regulatory Fund	60236
(Fund 4K9) to the Nursing Special Issues Fund (Fund 5P8).	60237

Not later than July 30, 2002, the Director of Budget and	60238
Management shall transfer $5,000 cash from the Occupational	60239
Licensing and Regulatory Fund (Fund 4K9) to the Nursing Special	60240
Issues Fund (Fund 5P8).	60241

The foregoing appropriation item 884-601, Nursing Special	60242
Issues (Fund 5P8), shall be used to pay the costs the Board of	60243
Nursing incurs in implementing section 4723.062 of the Revised	60244
Code.	60245

Section 79. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	60246

AND ATHLETIC TRAINERS BOARD

60247

General Services Fund Group

60248

4K9	890-609	Operating Expenses	$	681,020	$	703,201	60249
TOTAL GSF General Services							60250
Fund Group			$	681,020	$	703,201	60251
TOTAL ALL BUDGET FUND GROUPS			$	681,020	$	703,201	60252

OPERATING EXPENSES

60253

Notwithstanding Section 74 of Am. H.B. 283 of the 123rd	60254
General Assembly, the findings of the two clinical outcomes	60255
studies required by the Operating Expenses earmark shall be	60256
reported not later than December 31, 2001.	60257

Section 80. OLA OHIOANA LIBRARY ASSOCIATION

60258

General Revenue Fund

60259

GRF	355-501	Library Subsidy	$	243,367	$	248,786	60260
TOTAL GRF General Revenue Fund			$	243,367	$	248,786	60261
TOTAL ALL BUDGET FUND GROUPS			$	243,367	$	248,786	60262

Section 81. ODB OHIO OPTICAL DISPENSERS BOARD	60264

General Services Fund Group

60265

4K9	894-609	Operating Expenses	$	280,391	$	295,277	60266
TOTAL GSF General Services							60267
Fund Group			$	280,391	$	295,277	60268
TOTAL ALL BUDGET FUND GROUPS			$	280,391	$	295,277	60269

Section 82. OPT STATE BOARD OF OPTOMETRY	60271

General Services Fund Group

60272

4K9	885-609	Operating Expenses	$	289,600	$	306,051	60273
TOTAL GSF General Services							60274
Fund Group			$	289,600	$	306,051	60275
TOTAL ALL BUDGET FUND GROUPS			$	289,600	$	306,051	60276

Section 83. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND	60277
PEDORTHICS	60278

General Services Fund Group

60279

4K9	973-609	Operating Expenses	$	98,622	$	100,518	60280
TOTAL GSF General Services							60281
Fund Group			$	98,622	$	100,518	60282
TOTAL ALL BUDGET FUND GROUPS			$	98,622	$	100,518	60283

Section 84. PBR STATE PERSONNEL BOARD OF REVIEW	60284

General Revenue Fund

60285

GRF	124-321		Operating		$	1,015,059		$	1,059,243		60286
TOTAL GRF General Revenue Fund					$	1,015,059		$	1,059,243		60287

General Services Fund Group

60288

636	124-601	Transcript and Other	$	39,598	$	40,587	60289
TOTAL GSF General Services							60290
Fund Group			$	39,598	$	40,587	60291
TOTAL ALL BUDGET FUND GROUPS			$	1,054,657	$	1,099,830	60292

TRANSCRIPT AND OTHER

60293

The foregoing appropriation item 124-601, Transcript and	60294
Other, may be used to produce and distribute transcripts and other	60295
documents. Revenues generated by charges for transcripts and	60296
other documents shall be deposited in the Transcripts and Other	60297
Fund (Fund 636).	60298

Section 85. PRX STATE BOARD OF PHARMACY	60299

General Services Fund Group

60300

4A5	887-605	Drug Law Enforcement	$	72,900	$	75,550	60301
5N2	887-603	Operating Expenses	$	4,353,629	$	4,744,594	60302
TOTAL GSF General Services							60303
Fund Group			$	4,426,529	$	4,820,144	60304
TOTAL ALL BUDGET FUND GROUPS			$	4,426,529	$	4,820,144	60305

PHARMACY BOARD OPERATING FUND

60306

On July 1, 2001, or as soon as possible thereafter, the	60307
Executive Director of the State Board of Pharmacy shall certify	60308
the board's portion of the cash balance in the Occupational	60309
Licensing and Regulatory Fund (Fund 4K9) to the Director of Budget	60310
and Management. The Director of Budget and Management shall	60311
transfer the certified amount from Fund 4K9 to the Pharmacy Board	60312
Operating Fund (Fund 5N2).	60313

The Director of Budget and Management shall cancel any	60314
existing encumbrances against appropriation item 887-609,	60315
Operating Expenses (Fund 4K9), and reestablish them against	60316
appropriation item 887-603, Operating Expenses (Fund 5N2). The	60317
amounts of the reestablished encumbrances are appropriated.	60318

Section 86. SCR STATE BOARD OF PROPRIETARY SCHOOL	60319

REGISTRATION

60320

General Revenue Fund

60321

GRF	233-100	Personal Services	$	326,400	$	333,429	60322
GRF	233-200	Maintenance	$	77,760	$	78,776	60323
GRF	233-300	Equipment	$	4,286	$	4,279	60324
TOTAL GRF General Revenue Fund			$	408,446	$	416,484	60325
TOTAL ALL BUDGET FUND GROUPS			$	408,446	$	416,484	60326

Section 87. PSY STATE BOARD OF PSYCHOLOGY	60328

General Services Fund Group

60329

4K9	882-609	Operating Expenses	$	459,382	$	486,184	60330
TOTAL GSF General Services							60331
Fund Group			$	459,382	$	486,184	60332
TOTAL ALL BUDGET FUND GROUPS			$	459,382	$	486,184	60333

Section 88. PUB OHIO PUBLIC DEFENDER COMMISSION	60335

General Revenue Fund

60336

GRF	019-321	Public Defender Administration	$	1,772,373	$	1,772,373	60337
GRF	019-401	State Legal Defense Services	$	6,983,914	$	7,259,931	60338
GRF	019-403	Multi-County: State Share	$	1,110,254	$	1,104,920	60339
GRF	019-404	Trumbull County-State Share	$	364,686	$	363,917	60340
GRF	019-405	Training Account	$	48,000	$	48,000	60341
GRF	019-501	County Reimbursement - Non-Capital Cases	$	33,893,062	$	34,512,523	60342
GRF	019-503	County Reimbursements - Capital Cases	$	935,868	$	1,000,000	60343
TOTAL GRF General Revenue Fund			$	45,108,157	$	46,061,664	60344

General Services Fund Group

60345

101	019-602	Inmate Legal Assistance	$	67,172	$	71,020	60346
101	019-607	Juvenile Legal Assistance	$	458,767	$	481,462	60347
406	019-603	Training and Publications	$	16,000	$	16,000	60348
407	019-604	County Representation	$	213,778	$	240,556	60349
408	019-605	Client Payments	$	260,584	$	285,533	60350
TOTAL GSF General Services							60351
Fund Group			$	1,016,301	$	1,094,571	60352

Federal Special Revenue Fund Group

60353

3S8	019-608	Federal Representation	$	564,929	$	594,247	60354
3U7	019-614	Juvenile JAIBG Grant		51,516		54,601	60355
3U8	019-615	Juvenile Challenge Grant		118,658		124,984	60356
TOTAL FED Federal Special Revenue							60357
Fund Group			$	735,103	$	773,832	60358

State Special Revenue Fund Group

60359

4C7	019-601	Multi-County: County Share	$	1,603,064	$	1,714,575	60360
4X7	019-610	Trumbull County-County Share	$	526,560	$	564,714	60361
574	019-606	Legal Services Corporation	$	15,725,233	$	16,275,558	60362
TOTAL SSR State Special Revenue							60363
Fund Group			$	17,854,857	$	18,554,847	60364
TOTAL ALL BUDGET FUND GROUPS			$	64,714,418	$	66,484,914	60365

INDIGENT DEFENSE OFFICE

60366

The foregoing appropriation items 019-404, Trumbull County -	60367
State Share, and 019-610, Trumbull County - County Share, shall be	60368
used to support an indigent defense office for Trumbull County.	60369

MULTI-COUNTY OFFICE

60370

The foregoing appropriation items 019-403, Multi-County:	60371
State Share, and 019-601, Multi-County: County Share, shall be	60372
used to support the Office of the Ohio Public Defender's	60373
Multi-County Branch Office program.	60374

TRAINING ACCOUNT

60375

The foregoing appropriation item 019-405, Training Account,	60376
shall be used by the Ohio Public Defender to provide legal	60377
training programs at no cost for private appointed counsel who	60378
represent at least one indigent defendant at no cost, and for	60379
state and county public defenders and attorneys who contract with	60380
the Ohio Public Defender to provide indigent defense services.	60381

FEDERAL REPRESENTATION

60382

The foregoing appropriation item 019-608, Federal	60383
Representation, shall be used to receive reimbursements from the	60384
federal courts when the Ohio Public Defender provides	60385
representation on federal court cases.	60386

Section 89. DHS DEPARTMENT OF PUBLIC SAFETY

60387

General Revenue Fund

60388

GRF	763-403	Operating Expenses - EMA	$	3,851,927	$	4,225,628	60389
GRF	763-507	Individual and Family Grants	$	90,014	$	89,398	60390
GRF	764-404	Transportation Enforcement Operations	$	2,438,979	$	2,491,606	60391
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	935,817	$	981,422	60392
TOTAL GRF General Revenue Fund			$	7,316,737	$	7,788,054	60393

TOTAL ALL BUDGET FUND GROUPS

7,316,737

7,788,054

60394

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

60395

Of the foregoing appropriation item 763-403, Operating	60396
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	60397
the Ohio Task Force One - Urban Search and Rescue Unit and other	60398
urban search and rescue programs around the state to create a	60399
stronger search and rescue capability statewide.	60400

IFG STATE MATCH

60401

The foregoing appropriation item 763-507, Individual and	60402
Family Grants, shall be used to fund the state share of costs to	60403
provide grants to individuals and families in cases of disaster.	60404

Section 90. PUC PUBLIC UTILITIES COMMISSION OF OHIO	60405

General Services Fund Group

60406

5F6	870-622	Utility and Railroad Regulation	$	29,104,298	$	30,622,222	60407
5F6	870-624	NARUC/NRRI Subsidy	$	167,233	$	167,233	60408
5F6	870-625	Motor Transportation Regulation	$	4,578,771	$	4,811,239	60409
558	870-602	Salvage and Exchange	$	32,474	$	33,285	60410
TOTAL GSF General Services							60411
Fund Group			$	33,882,776	$	35,633,979	60412

Federal Special Revenue Fund Group

60413

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	2,500,000	$	0	60414
333	870-601	Gas Pipeline Safety	$	461,920	$	485,332	60415
350	870-608	Motor Carrier Safety	$	6,749,153	$	7,027,712	60416
TOTAL FED Federal Special Revenue							60417
Fund Group			$	9,711,073	$	7,513,044	60418

State Special Revenue Fund Group

60419

4A3	870-614	Grade Crossing Protection Devices-State	$	1,311,986	$	1,349,757	60420
4L8	870-617	Pipeline Safety-State	$	177,323	$	187,621	60421
4S6	870-618	Hazardous Material Registration	$	449,927	$	464,325	60422
4S6	870-621	Hazardous Materials Base State Registration	$	364,240	$	373,346	60423
4U8	870-620	Civil Forfeitures	$	269,426	$	284,986	60424
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	60425
560	870-607	Special Assessment	$	100,000	$	100,000	60426
561	870-606	Power Siting Board	$	319,839	$	337,210	60427
638	870-611	Biomass Energy Program	$	40,000	$	40,000	60428
661	870-612	Hazardous Materials Transportation	$	800,000	$	800,000	60429
TOTAL SSR State Special Revenue							60430
Fund Group			$	3,836,741	$	3,941,245	60431

Agency Fund Group

60432

4G4	870-616	Base State Registration Program	$	6,500,000	$	6,500,000	60433
TOTAL AGY Agency Fund Group			$	6,500,000	$	6,500,000	60434
TOTAL ALL BUDGET FUND GROUPS			$	53,930,590	$	53,588,268	60435

TEMPORARY CASH TRANSFERS

60436

On July 1, 2001, or as soon as possible thereafter, the	60437
Director of Budget and Management shall transfer $150,000 in cash	60438
from Fund 4U8, Civil Forfeitures, and $350,000 in cash from Fund	60439
4S6, Hazardous Materials Registration, to Fund 3V3, Commercial	60440
Vehicle Information Systems/Networks Fund, which is hereby created	60441
in the State Treasury. The Commercial Vehicle Information	60442
Systems/Networks Fund shall receive funding from the United States	60443
Department of Transportation's Commercial Vehicle Intelligent	60444
Transportation System Infrastructure Deployment Program and shall	60445
be used to deploy the Ohio Commercial Vehicle Information Systems	60446
and Networks Project and to expedite and improve safety of motor	60447
carrier operations through electronic exchange of data by means of	60448
on-highway electronic systems.	60449

The Chairman of the Public Utilities Commission shall notify	60450
the Director of Budget and Management when the cash balance in	60451
Fund 3V3 is sufficient for the transfers required under this	60452
heading to be repaid. On or before June 30, 2003, the Director of	60453
Budget and Management shall transfer $150,000 in cash from Fund	60454
3V3, Commercial Vehicle Information Systems/Networks, to Fund 4U8,	60455
Civil Forfeitures, and $350,000 in cash from Fund 3V3, Commercial	60456
Vehicle Information Systems/Networks, to Fund 4S6, Hazardous	60457
Materials Registration.	60458

BIOMASS ENERGY PROGRAM FUND

60459

The Biomass Energy Program Fund created by section 4905.87 of	60460
the Revised Code is the same fund, with a new name, as the	60461
Biofuels/Municipal Waste Technology Fund created by the	60462
Controlling Board in January 1988.	60463

Section 91. PWC PUBLIC WORKS COMMISSION

60464

General Revenue Fund

60465

GRF	150-907	State Capital Improvements	$	135,693,200	$	146,210,200	60466
		General Obligation Debt					60467
		Service					60468
TOTAL GRF General Revenue Fund			$	135,693,200	$	146,210,200	60469
TOTAL ALL BUDGET FUND GROUPS			$	135,693,200	$	146,210,200	60470

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

60471

The foregoing appropriation item 150-907, State Capital	60472
Improvements General Obligation Debt Service, shall be used to pay	60473
all debt service and financing costs at the times they are	60474
required to be made pursuant to sections 151.01, 151.08, and	60475
164.10 of the Revised Code during the period from July 1, 2001, to	60476
June 30, 2003. The Office of the Sinking Fund or the Director of	60477
Budget and Management shall effectuate the required payments by an	60478
intrastate transfer voucher.	60479

Section 92. RAC STATE RACING COMMISSION	60480

State Special Revenue Fund Group

60481

5C4	875-607	Simulcast Horse Racing Purse	$	16,301,749	$	18,025,043	60482
562	875-601	Thoroughbred Race Fund	$	4,529,149	$	4,642,378	60483
563	875-602	Standardbred Development Fund	$	2,022,797	$	2,200,810	60484
564	875-603	Quarterhorse Development Fund	$	1,000	$	1,000	60485
565	875-604	Racing Commission Operating	$	4,109,513	$	4,314,143	60486
TOTAL SSR State Special Revenue							60487
Fund Group			$	26,964,208	$	29,183,374	60488

Holding Account Redistribution Fund Group

60489

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	60490
TOTAL 090 Holding Account Redistribution							60491
Fund Group			$	212,900	$	212,900	60492
TOTAL ALL BUDGET FUND GROUPS			$	27,177,108	$	29,396,274	60493

Section 93. BOR BOARD OF REGENTS

60495

General Revenue Fund

60496

GRF	235-321	Operating Expenses	$	3,200,141	$	3,264,144	60497
GRF	235-401	Lease-Rental Payments	$	295,058,500	$	268,910,500	60498
GRF	235-402	Sea Grants	$	299,940	$	299,940	60499
GRF	235-403	Math/Science Teaching Improvement	$	1,984,000	$	2,018,680	60500
GRF	235-404	College Readiness Initiatives	$	2,500,000	$	2,500,000	60501
GRF	235-406	Articulation and Transfer	$	800,000	$	800,000	60502
GRF	235-408	Midwest Higher Education Compact	$	82,500	$	82,500	60503
GRF	235-409	Information System	$	1,389,263	$	1,417,049	60504
GRF	235-414	State Grants and Scholarship Administration	$	1,400,888	$	1,428,907	60505
GRF	235-415	Jobs Challenge	$	10,100,000	$	10,200,000	60506
GRF	235-417	Ohio Learning Network	$	3,920,000	$	3,920,000	60507
GRF	235-418	Access Challenge	$	57,000,000	$	57,218,579	60508
GRF	235-420	Success Challenge	$	48,741,000	$	48,741,000	60509
GRF	235-428	Appalachian New Economy Partnership	$	1,000,000	$	1,500,000	60510
GRF	235-454	Research Challenge	$	21,568,440	$	21,568,440	60511
GRF	235-455	Productivity Improvement Challenge	$	1,694,947	$	1,728,845	60512
GRF	235-474	Area Health Education Centers Program Support	$	2,093,727	$	2,135,601	60513
GRF	235-477	Access Improvement Projects	$	1,088,661	$	1,088,661	60514
GRF	235-501	State Share of Instruction	$	1,692,981,471	$	1,699,473,589	60515
GRF	235-502	Student Support Services	$	1,000,000	$	1,000,000	60516
GRF	235-503	Ohio Instructional Grants	$	98,000,000	$	111,500,000	60517
GRF	235-504	War Orphans Scholarships	$	4,652,548	$	4,792,124	60518
GRF	235-507	OhioLINK	$	7,668,731	$	7,668,731	60519
GRF	235-508	Air Force Institute of Technology	$	2,000,000	$	2,000,000	60520
GRF	235-509	Displaced Homemakers	$	240,096	$	240,096	60521
GRF	235-510	Ohio Supercomputer Center	$	4,833,574	$	4,833,574	60522
GRF	235-511	Cooperative Extension Service	$	28,262,696	$	28,827,949	60523
GRF	235-513	OU Voinovich Center	$	367,500	$	367,500	60524
GRF	235-514	Central State Supplement	$	12,044,956	$	12,044,956	60525
GRF	235-515	Case Western Reserve University School of Medicine	$	4,280,224	$	4,365,827	60526
GRF	235-519	Family Practice	$	6,538,471	$	6,669,240	60527
GRF	235-520	Shawnee State Supplement	$	1,845,106	$	904,237	60528
GRF	235-521	OSU Glenn Institute	$	367,500	$	367,500	60529
GRF	235-524	Police and Fire Protection	$	240,096	$	240,096	60530
GRF	235-525	Geriatric Medicine	$	1,087,195	$	1,108,939	60531
GRF	235-526	Primary Care Residencies	$	3,166,168	$	3,229,491	60532
GRF	235-527	Ohio Aerospace Institute	$	2,383,334	$	2,383,334	60533
GRF	235-530	Academic Scholarships	$	8,400,000	$	8,820,000	60534
GRF	235-531	Student Choice Grants	$	52,428,000	$	53,476,560	60535
GRF	235-534	Student Workforce Development Grants	$	1,200,000	$	1,200,000	60536
GRF	235-535	Ohio Agricultural Research and Development Center	$	39,505,502	$	40,295,612	60537
GRF	235-536	Ohio State University Clinical Teaching	$	15,989,883	$	16,309,680	60538
GRF	235-537	University of Cincinnati Clinical Teaching	$	13,151,461	$	13,414,491	60539
GRF	235-538	Medical College of Ohio at Toledo Clinical Teaching	$	10,250,851	$	10,455,868	60540
GRF	235-539	Wright State University Clinical Teaching	$	4,980,064	$	5,079,665	60541
GRF	235-540	Ohio University Clinical Teaching	$	4,814,378	$	4,910,666	60542
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,951,583	$	5,050,615	60543
GRF	235-543	Ohio College of Podiatric Medicine Clinical Subsidy	$	499,800	$	509,796	60544
GRF	235-547	School of International Business	$	1,708,764	$	1,708,764	60545
GRF	235-549	Part-time Student Instructional Grants	$	13,311,638	$	13,977,219	60546
GRF	235-552	Capital Component	$	14,537,639	$	14,537,639	60547
GRF	235-553	Dayton Area Graduate Studies Institute	$	3,779,088	$	3,779,088	60548
GRF	235-554	Computer Science Graduate Education	$	3,482,368	$	3,482,368	60549
GRF	235-555	Library Depositories	$	1,999,200	$	2,039,184	60550
GRF	235-556	Ohio Academic Resources Network	$	3,510,777	$	3,580,993	60551
GRF	235-558	Long-term Care Research	$	312,004	$	312,004	60552
GRF	235-561	Bowling Green State University Canadian Studies Center	$	164,289	$	164,289	60553
GRF	235-572	Ohio State University Clinic Support	$	2,102,361	$	2,144,408	60554
GRF	235-583	Urban University Programs	$	6,503,559	$	6,503,559	60555
GRF	235-585	Ohio University Innovation Center	$	48,750	$	48,750	60556
GRF	235-587	Rural University Projects	$	1,375,552	$	1,375,552	60557
GRF	235-588	Ohio Resource Center for Mathematics, Science, and Reading	$	980,000	$	980,000	60558
GRF	235-595	International Center for Water Resources Development	$	185,593	$	185,593	60559
GRF	235-596	Hazardous Materials Program	$	390,096	$	390,096	60560
GRF	235-599	National Guard Scholarship Program	$	12,048,106	$	12,048,106	60561
GRF	235-909	Higher Education General Obligation Debt Service	$	50,055,100	$	74,344,100	60562
TOTAL GRF General Revenue Fund			$	2,598,548,079	$	2,621,964,694	60563

General Services Fund Group

60564

456	235-603	Publications	$	43,050	$	44,342	60565
456	235-613	Job Preparation Initiative	$	144,383	$	144,383	60566
TOTAL GSF General Services							60567
Fund Group			$	187,433	$	188,725	60568

Federal Special Revenue Fund Group

60569

3H2	235-608	Human Services Project	$	1,500,000	$	1,500,000	60570
3N6	235-605	State Student Incentive Grants	$	2,000,000	$	2,000,000	60571
3T0	235-610	NHSC Ohio Loan Repayment	$	100,000	$	100,000	60572
312	235-609	Tech Prep	$	183,852	$	183,852	60573
312	235-611	Gear-up Grant	$	1,590,986	$	1,690,434	60574
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	60575
312	235-631	Federal Grants	$	2,055,511	$	0	60576
TOTAL FED Federal Special Revenue							60577
Fund Group			$	7,543,309	$	5,587,246	60578

State Special Revenue Fund Group

60579

4E8	235-602	HEFC Administration	$	13,080	$	13,900	60580
4P4	235-604	Physician Loan Repayment	$	416,067	$	436,870	60581
649	235-607	Ohio State University Highway/Transportation Research	$	855,021	$	760,000	60582
682	235-606	Nursing Loan Program	$	870,000	$	893,000	60583
TOTAL SSR State Special Revenue							60584
Fund Group			$	2,154,168	$	2,103,770	60585
TOTAL ALL BUDGET FUND GROUPS			$	2,608,432,989	$	2,629,844,435	60586

Section 93.01. STATE SHARE OF INSTRUCTION

60588

As soon as practicable during each fiscal year of the	60589
2001-2003 biennium in accordance with instructions of the Board of	60590
Regents, each state-assisted institution of higher education shall	60591
report its actual enrollment to the Board of Regents.	60592

The Board of Regents shall establish procedures required by	60593
the system of formulas set out below and for the assignment of	60594
individual institutions to categories described in the formulas.	60595
The system of formulas establishes the manner in which aggregate	60596
expenditure requirements shall be determined for each of the three	60597
components of institutional operations. In addition to other	60598
adjustments and calculations described below, the subsidy	60599
entitlement of an institution shall be determined by subtracting	60600
from the institution's aggregate expenditure requirements income	60601
to be derived from the local contributions assumed in calculating	60602
the subsidy entitlements. The local contributions for purposes of	60603
determining subsidy support shall not limit the authority of the	60604
individual boards of trustees to establish fee levels.	60605

The General Studies and Technical models shall be adjusted by	60606
the Board of Regents so that the share of state subsidy earned by	60607
those models is not altered by changes in the overall local share.	60608
A lower-division fee differential shall be used to maintain the	60609
relationship that would have occurred between these models and the	60610
baccalaureate models had an assumed share of thirty-seven per cent	60611
been funded.	60612

In defining the number of full-time equivalent (FTE) students	60613
for state subsidy purposes, the Board of Regents shall exclude	60614
all undergraduate students who are not residents of Ohio, except	60615
those charged in-state fees in accordance with reciprocity	60616
agreements made pursuant to section 3333.17 or employer contracts	60617
entered into pursuant to section 3333.32 of the Revised Code.	60618

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

60619

(1) INSTRUCTION AND SUPPORT SERVICES

60620

MODEL	FY 2002	FY 2003	60621
General Studies I	$ 4,481	$ 4,904	60622
General Studies II	$ 5,046	$ 5,299	60623
General Studies III	$ 6,101	$ 6,652	60624
Technical I	$ 5,353	$ 5,696	60625
Technical III	$ 8,854	$ 9,044	60626
Baccalaureate I	$ 7,031	$ 7,517	60627
Baccalaureate II	$ 7,875	$ 8,310	60628
Baccalaureate III	$ 11,480	$ 12,193	60629
Masters and Professional I	$ 13,338	$ 13,875	60630
Masters and Professional II	$ 19,084	$ 19,652	60631
Masters and Professional III	$ 25,869	$ 26,577	60632
Medical I	$ 28,800	$ 29,934	60633
Medical II	$ 40,152	$ 40,981	60634
Blended MPD I	$ 14,163	$ 14,877	60635

(2) STUDENT SERVICES

60636

For this purpose, FTE counts shall be weighted to reflect	60637
differences among institutions in the numbers of students enrolled	60638
on a part-time basis.	60639

MODEL	FY 2002	FY 2003	60640
General Studies I	$ 694	$ 747	60641
General Studies II	$ 704	$ 747	60642
General Studies III	$ 687	$ 747	60643
Technical I	$ 669	$ 747	60644
Technical III	$ 675	$ 747	60645
Baccalaureate I	$ 666	$ 747	60646
Baccalaureate II	$ 663	$ 747	60647
Baccalaureate III	$ 675	$ 747	60648
Masters and Professional I	$ 680	$ 747	60649
Masters and Professional II	$ 685	$ 747	60650
Masters and Professional III	$ 694	$ 747	60651
Medical I	$ 668	$ 747	60652
Medical II	$ 668	$ 747	60653
Blended MPD I	$ 668	$ 747	60654

(B) PLANT OPERATION AND MAINTENANCE (POM)

60655

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

60656

Space undergoing renovation shall be funded at the rate	60657
allowed for storage space.	60658

In the calculation of square footage for each campus, square	60659
footage shall be weighted to reflect differences in space	60660
utilization.	60661

The space inventories for each campus shall be those	60662
determined in the fiscal year 1999 instructional subsidy, adjusted	60663
for changes attributable to the construction or renovation of	60664
facilities for which state appropriations were made or local	60665
commitments were made prior to January 1, 1995.	60666

Only 50 per cent of the space permanently taken out of	60667
operation in fiscal year 2002 or fiscal year 2003 that is not	60668
otherwise replaced by a campus shall be deleted from the fiscal	60669
year 1997 inventory.	60670

The square-foot-based plant operation and maintenance subsidy	60671
for each campus shall be determined as follows:	60672

(a) For each standard room type category shown below, the	60673
subsidy-eligible net assignable square feet (NASF) for each campus	60674
shall be multiplied by the following rates, and the amounts summed	60675
for each campus to determine the total gross square-foot-based POM	60676
expenditure requirement:	60677

	FY 2002	FY 2003	60678
Classrooms	$5.33	$5.56	60679
Laboratories	$6.65	$6.93	60680
Offices	$5.33	$5.56	60681
Audio Visual Data Processing	$6.65	$6.93	60682
Storage	$2.36	$2.46	60683
Circulation	$6.73	$7.01	60684
Other	$5.33	$5.56	60685

(b) The total gross square-foot POM expenditure requirement	60686
shall be allocated to models in proportion to FTE enrollments as	60687
reported in enrollment data for all models except Doctoral I and	60688
Doctoral II.	60689

(c) The amounts allocated to models in division (B)(1)(b) of	60690
this section shall be multiplied by the ratio of subsidy-eligible	60691
FTE students to total FTE students reported in each model, and the	60692
amounts summed for all models. To this total amount shall be	60693
added an amount to support roads and grounds expenditures to	60694
produce the total square-foot-based POM subsidy.	60695

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

60696

(a) The number of subsidy-eligible FTE students in each	60697
model shall be multiplied by the following rates for each campus	60698
for each fiscal year.	60699

	FY 2002	FY 2003	60700
General Studies I	$ 537	$ 543	60701
General Studies II	$ 669	$ 686	60702
General Studies III	$1,424	$1,565	60703
Technical I	$ 649	$ 750	60704
Technical II	$1,315	$1,436	60705
Baccalaureate I	$ 671	$ 692	60706
Baccalaureate II	$1,175	$1,263	60707
Baccalaureate III	$1,606	$1,674	60708
Masters and Professional I	$1,138	$1,217	60709
Masters and Professional II	$2,447	$2,928	60710
Masters and Professional III	$3,363	$3,932	60711
Medical I	$2,568	$2,653	60712
Medical II	$3,470	$3,581	60713
Blended MPD I	$1,135	$1,192	60714

(b) The sum of the products for each campus determined in	60715
division (B)(2)(a) of this section for all models except Doctoral	60716
I and Doctoral II for each fiscal year shall be weighted by a	60717
factor to reflect sponsored research activity and job	60718
training-related public services expenditures to determine the	60719
total activity-based POM subsidy.	60720

60721

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

60722

The calculation of the core subsidy entitlement shall consist	60723
of the following components:	60724

(a) For each campus and for each fiscal year, the core	60725
subsidy entitlement shall be determined by multiplying the amounts	60726
listed above in divisions (A)(1) and (2) and (B)(2) of this	60727
section less assumed local contributions, by (i) average	60728
subsidy-eligible FTEs for the two-year period ending in the prior	60729
year for all models except Doctoral I and Doctoral II; and (ii)	60730
average subsidy-eligible FTEs for the five-year period ending in	60731
the prior year for all models except Doctoral I and Doctoral II.	60732

(b) In calculating the core subsidy entitlements for Medical	60733
II models only, the Board of Regents shall use the following count	60734
of FTE students in place of the two-year average and five-year	60735
average of subsidy-eligible students:	60736

(i) For those medical schools whose current year enrollment	60737
is below the base enrollment, the Medical II FTE enrollment shall	60738
equal: 65 per cent of the base enrollment plus 35 per cent of the	60739
current year enrollment, where the base enrollment is:	60740

The Ohio State University	1010	60741
University of Cincinnati	833	60742
Medical College of Ohio at Toledo	650	60743
Wright State University	433	60744
Ohio University	433	60745
Northeastern Ohio Universities College of Medicine	433	60746

(ii) For those medical schools whose current year enrollment	60747
is equal to or greater than the base enrollment, the Medical II	60748
FTE enrollment shall equal the current enrollment.	60749

(c) For all FTE-based subsidy calculations involving	60750
annualized FTE data, FTE-based allowances shall be converted from	60751
annualized to all-terms rates to ensure equity and consistency of	60752
subsidy determination.	60753

(d) The Board of Regents shall compute the sum of the two	60754
calculations listed in division (C)(1)(a) of this section and use	60755
the greater sum as the core subsidy entitlement.	60756

The POM subsidy for each campus shall equal the greater of	60757
the square-foot-based subsidy or the activity-based POM subsidy	60758
component of the core subsidy entitlement.	60759

(e) The state share of instruction provided for doctoral	60760
students shall be based on a fixed percentage of the total	60761
appropriation. In each fiscal year of the biennium not more than	60762
10.34 per cent of the total state share of instruction shall be	60763
reserved to implement the recommendations of the Graduate Funding	60764
Commission. It is the intent of the General Assembly that the	60765
doctoral reserve be reduced each year thereafter until no more	60766
than 10.0 per cent of the total state share of instruction is	60767
reserved to implement the recommendations of the Graduate Funding	60768
Commission. The Board of Regents shall reallocate 2 per cent in	60769
each fiscal year of the biennium of the reserve among the	60770
state-assisted universities on the basis of a quality review as	60771
specified in the recommendations of the Graduate Funding	60772
Commission.	60773

The amount so reserved shall be allocated to universities in	60774
proportion to their share of the total number of Doctoral I	60775
equivalent FTEs as calculated on an institutional basis using the	60776
greater of the two-year or five-year FTEs for the period fiscal	60777
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	60778
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	60779
adjusted to reflect the effects of doctoral review. For the	60780
purposes of this calculation, Doctoral I equivalent FTEs shall	60781
equal the sum of Doctoral I FTEs plus 1.5 times the sum of	60782
Doctoral II FTEs.	60783

(2) ANNUAL HOLD HARMLESS PROVISION

60784

In addition to and after the other adjustment noted above, in	60785
fiscal year 2002 each campus shall have its state share of	60786
instruction adjusted to the extent necessary to provide an amount	60787
that is not less than 100 per cent of the state share of	60788
instruction received by the campus in fiscal year 2001. In fiscal	60789
year 2003, each campus shall have its state share of instruction	60790
adjusted to the extent necessary to provide an amount that is not	60791
less than 100 per cent of the state share of instruction received	60792
by the campus in fiscal year 2002.	60793

(3) CAPITAL COMPONENT DEDUCTION

60794

After all other adjustments have been made, instructional	60795
subsidy earnings shall be reduced for each campus by the amount,	60796
if any, by which debt service charged in Am. H.B. No. 748 of the	60797
121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General	60798
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for	60799
that campus exceeds that campus's capital component earnings.	60800

(D) REDUCTIONS IN EARNINGS

60801

If the total state share of instruction earnings in any	60802
fiscal year exceed the total appropriations available for such	60803
purposes, the Board of Regents shall proportionately reduce the	60804
state share of instruction earnings for all campuses by a uniform	60805
percentage so that the systemwide sum equals available	60806
appropriations.	60807

(E) EXCEPTIONAL CIRCUMSTANCES

60808

Adjustments may be made to the state share of instruction	60809
payments and other subsidies distributed by the Board of Regents	60810
to state-assisted colleges and universities for exceptional	60811
circumstances. No adjustments for exceptional circumstances may	60812
be made without the recommendation of the Chancellor and the	60813
approval of the Controlling Board.	60814

DISTRIBUTION OF STATE SHARE OF INSTRUCTION

60815

The state share of instruction payments to the institutions	60816
shall be in substantially equal monthly amounts during the fiscal	60817
year, unless otherwise determined by the Director of Budget and	60818
Management pursuant to section 126.09 of the Revised Code.	60819
Payments during the first six months of the fiscal year shall be	60820
based upon the state share of instruction appropriation estimates	60821
made for the various institutions of higher education according to	60822
Board of Regents enrollment estimates. Payments during the last	60823
six months of the fiscal year shall be distributed after approval	60824
of the Controlling Board upon the request of the Board of	60825
Regents.	60826

LAW SCHOOL SUBSIDY

60827

The state share of instruction to state-supported	60828
universities for students enrolled in law schools in fiscal year	60829
2002 and fiscal year 2003 shall be calculated by using the number	60830
of subsidy-eligible FTE law school students funded by state	60831
subsidy in fiscal year 1995 or the actual number of	60832
subsidy-eligible FTE law school students at the institution in the	60833
fiscal year, whichever is less.	60834

Section 93.02. MISSION-BASED CORE FUNDING FOR HIGHER	60835
EDUCATION	60836

JOBS CHALLENGE

60837

Funds appropriated to appropriation item 235-415, Jobs	60838
Challenge, shall be distributed to state-assisted community and	60839
technical colleges, regional campuses of state-assisted	60840
universities, and other organizationally distinct and identifiable	60841
member campuses of the EnterpriseOhio Network in support of	60842
noncredit job-related training. In fiscal years 2002 and 2003,	60843
$2,114,673 and $1,981,841, respectively, shall be distributed as	60844
performance grants to EnterpriseOhio Network campuses based upon	60845
each campus's documented performance according to criteria	60846
established by the Board of Regents for increasing training and	60847
related services to businesses, industries, and public sector	60848
organizations.	60849

Of the foregoing appropriation item 235-415, Jobs Challenge,	60850
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003	60851
shall be allocated to the Targeted Industries Training Grant	60852
Program to attract, develop, and retain business and industry	60853
strategically important to the state's economy.	60854

Also, in fiscal years 2002 and 2003, $2,991,513 and	60855
$3,629,797, respectively, shall be allocated to the Non-credit	60856
Incentives Grant Program to reward two-year campuses for	60857
increasing the amount of non-credit skill upgrading services	60858
provided to Ohio employers and employees. The funds shall be	60859
distributed to campuses in proportion to each campus's share of	60860
noncredit job-related training revenues received by all campuses	60861
for the previous fiscal year. It is the intent of the General	60862
Assembly that this workforce development incentive component of	60863
the Jobs Challenge Program reward campus noncredit job-related	60864
training efforts in the same manner that the Research Challenge	60865
Program rewards campuses for their ability to obtain sponsored	60866
research revenues.	60867

Of the foregoing appropriation item 235-415, Jobs Challenge,	60868
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003	60869
shall be allocated as an incentive to support local EnterpriseOhio	60870
Network Campus/Adult Workforce Education Center Partnerships. The	60871
purpose of the partnerships is to promote and deliver coordinated,	60872
comprehensive training to local employers. Each partnership shall	60873
include a formal agreement between one or more EnterpriseOhio	60874
Network campus and one or more adult workforce education center	60875
for the delivery of training services. The Department of	60876
Education and Board of Regents shall jointly award funds to	60877
certified EnterpriseOhio campus/adult workforce education center	60878
partnerships to offer training grants to eligible companies. A	60879
certified EnterpriseOhio Network/adult workforce education center	60880
partnership is one that has been documented and approved by the	60881
Board of Regents and the Department of Education according to	60882
partnership criteria established jointly by those agencies. An	60883
eligible company is one that meets the funding criteria of the	60884
Targeted Industries Training Grant Program. The amount set aside	60885
for the partnerships is designed to match an equal appropriation	60886
in the Department of Education's appropriation item 200-514,	60887
Post-Secondary/Adult Career-Technical Education. The Department	60888
of Education's appropriation also serves as a partnership-building	60889
incentive by allocating funds to local EnterpriseOhio Network	60890
campus/adult workforce education center partnerships.	60891

ACCESS CHALLENGE

60892

In each fiscal year, the foregoing appropriation item	60893
235-418, Access Challenge, shall be distributed to Ohio's	60894
state-assisted access colleges and universities. For the	60895
purposes of this allocation, "access campuses" includes	60896
state-assisted community colleges, state community colleges,	60897
technical colleges, Shawnee State University, Central State	60898
University, Cleveland State University, the regional campuses of	60899
state-assisted universities, and, where they are organizationally	60900
distinct and identifiable, the community-technical colleges	60901
located at the University of Cincinnati, Youngstown State	60902
University, and the University of Akron.	60903

In each year of the biennium, Access Challenge appropriations	60904
shall be allocated to eligible campuses according to the following	60905
methodology:	60906

(A) Each campus shall receive an amount equal to four per	60907
cent of the product of its subsidy-eligible lower-division FTE	60908
student enrollments for the prior fiscal year multiplied by the	60909
unweighted average of in-state undergraduate instructional and	60910
general fees for community colleges, state community colleges,	60911
technical colleges, and regional campuses in fiscal year 2001.	60912

(B) All remaining appropriations shall be allocated to each	60913
campus proportionate to its share of the sum of FTEs used in the	60914
distribution of access funds in the prior fiscal year updated with	60915
the most recent FTE data available.	60916

For the purposes of this calculation, Cleveland State	60917
University's and Youngstown State University's enrollments shall	60918
be adjusted by the ratio of the sum of subsidy-eligible	60919
lower-division FTE student enrollments eligible for access funding	60920
to the sum of subsidy-eligible General Studies FTE student	60921
enrollments at Central State University and Shawnee State	60922
University, and for the following universities and their regional	60923
campuses: Ohio State University, Ohio University, Kent State	60924
University, Bowling Green State University, Miami University, the	60925
University of Cincinnati, the University of Akron, and Wright	60926
State University.	60927

SUCCESS CHALLENGE

60928

The foregoing appropriation item 235-420, Success Challenge,	60929
shall be used by the Board of Regents to promote degree	60930
completion by students enrolled at a main campus of a	60931
state-assisted university.	60932

In each fiscal year, two-thirds of the appropriations shall	60933
be distributed to state-assisted university main campuses in	60934
proportion to each campus's share of the total statewide	60935
bachelor's degrees granted by university main campuses to	60936
"at-risk" students. In fiscal years 2002 and 2003, an "at-risk"	60937
student means any undergraduate student who has received an Ohio	60938
Instructional Grant during the past ten years. An eligible	60939
institution shall not receive its share of this distribution until	60940
it has submitted a plan that addresses how the subsidy will be	60941
used to better serve at-risk students and increase their	60942
likelihood of successful completion of a bachelor's degree	60943
program. The Board of Regents shall disseminate to all	60944
state-supported institutions of higher education all such plans	60945
submitted by institutions that received Success Challenge funds.	60946

In each fiscal year, one-third of the appropriations shall be	60947
distributed to university main campuses in proportion to each	60948
campus's share of the total bachelor's degrees granted by	60949
university main campuses to undergraduate students who completed	60950
their bachelor's degrees in a "timely manner" in the previous	60951
fiscal year. For the purposes of this section, "timely manner"	60952
means the normal time it would take for a full-time degree-seeking	60953
undergraduate student to complete the student's degree. Generally,	60954
for such students pursuing a bachelor's degree, "timely manner"	60955
means four years. Exceptions to this general rule shall be	60956
permitted for students enrolled in programs specifically designed	60957
to be completed in a longer time period. The Board of Regents	60958
shall collect base-line data beginning with the 1998-99 academic	60959
year to assess the timely completion statistics by university main	60960
campuses.	60961

RESEARCH CHALLENGE

60962

The foregoing appropriation item 235-454, Research Challenge,	60963
shall be used to enhance the basic research capabilities of public	60964
colleges and universities and accredited Ohio institutions of	60965
higher education holding certificates of authorization issued	60966
pursuant to section 1713.02 of the Revised Code, in order to	60967
strengthen academic research for pursuing Ohio's economic	60968
redevelopment goals. The Board of Regents, in consultation with	60969
the colleges and universities, shall administer the Research	60970
Challenge Program and utilize a means of matching, on a fractional	60971
basis, external funds attracted in the previous year by	60972
institutions for basic research. The program may include	60973
incentives for increasing the amount of external research funds	60974
coming to eligible institutions and for focusing research efforts	60975
upon critical state needs. Colleges and universities shall submit	60976
for review and approval to the Board of Regents plans for the	60977
institutional allocation of state dollars received through the	60978
program. The institutional plans shall provide the rationale for	60979
the allocation in terms of the strategic targeting of funds for	60980
academic and state purposes, for strengthening research programs,	60981
and for increasing the amount of external research funds, and	60982
shall include an evaluation process to provide results of the	60983
increased support.	60984

The Board of Regents shall submit a biennial report of	60985
progress to the General Assembly.	60986

COMPUTER SCIENCE GRADUATE EDUCATION

60987

The foregoing appropriation item 235-554, Computer Science	60988
Graduate Education, shall be used by the Board of Regents to	60989
support improvements in graduate programs in computer science at	60990
state-assisted universities. In each fiscal year, up to $200,000	60991
may be used to support collaborative efforts in graduate education	60992
in this program area.	60993

Section 93.03. HIGHER EDUCATION - BOARD OF TRUSTEES

60994

Funds appropriated for instructional subsidies at colleges	60995
and universities may be used to provide such branch or other	60996
off-campus undergraduate courses of study and such master's degree	60997
courses of study as may be approved by the Board of Regents.	60998

In providing instructional and other services to students,	60999
boards of trustees of state-assisted institutions of higher	61000
education shall supplement state subsidies by income from charges	61001
to students. Each board shall establish the fees to be charged to	61002
all students, including an instructional fee for educational and	61003
associated operational support of the institution and a general	61004
fee for noninstructional services, including locally financed	61005
student services facilities used for the benefit of enrolled	61006
students. The instructional fee and the general fee shall	61007
encompass all charges for services assessed uniformly to all	61008
enrolled students. Each board may also establish special purpose	61009
fees, service charges, and fines as required; such special purpose	61010
fees and service charges shall be for services or benefits	61011
furnished individual students or specific categories of students	61012
and shall not be applied uniformly to all enrolled students. A	61013
tuition surcharge shall be paid by all students who are not	61014
residents of Ohio.	61015

The board of trustees of a state-assisted institution of	61016
higher education shall not authorize a waiver or nonpayment of	61017
instructional fees or general fees for any particular student or	61018
any class of students other than waivers specifically authorized	61019
by law or approved by the Chancellor. This prohibition is not	61020
intended to limit the authority of boards of trustees to provide	61021
for payments to students for services rendered the institution,	61022
nor to prohibit the budgeting of income for staff benefits or for	61023
student assistance in the form of payment of such instructional	61024
and general fees.	61025

Each state-assisted institution of higher education in its	61026
statement of charges to students shall separately identify the	61027
instructional fee, the general fee, the tuition charge, and the	61028
tuition surcharge. Fee charges to students for instruction shall	61029
not be considered to be a price of service but shall be considered	61030
to be an integral part of the state government financing program	61031
in support of higher educational opportunity for students.	61032

In providing the appropriations in support of instructional	61033
services at state-assisted institutions of higher education and	61034
the appropriations for other instruction it is the intent of the	61035
General Assembly that faculty members shall devote a proper and	61036
judicious part of their work week to the actual instruction of	61037
students. Total class credit hours of production per quarter per	61038
full-time faculty member is expected to meet the standards set	61039
forth in the budget data submitted by the Board of Regents.	61040

The authority of government vested by law in the boards of	61041
trustees of state-assisted institutions of higher education shall	61042
in fact be exercised by those boards. Boards of trustees may	61043
consult extensively with appropriate student and faculty groups.	61044
Administrative decisions about the utilization of available	61045
resources, about organizational structure, about disciplinary	61046
procedure, about the operation and staffing of all auxiliary	61047
facilities, and about administrative personnel shall be the	61048
exclusive prerogative of boards of trustees. Any delegation of	61049
authority by a board of trustees in other areas of responsibility	61050
shall be accompanied by appropriate standards of guidance	61051
concerning expected objectives in the exercise of such delegated	61052
authority and shall be accompanied by periodic review of the	61053
exercise of this delegated authority to the end that the public	61054
interest, in contrast to any institutional or special interest,	61055
shall be served.	61056

Section 93.04. MEDICAL SCHOOL SUBSIDIES

61057

The foregoing appropriation item 235-515, Case Western	61058
Reserve University School of Medicine, shall be disbursed to Case	61059
Western Reserve University through the Board of Regents in	61060
accordance with agreements entered into as provided for by section	61061
3333.10 of the Revised Code, provided that the state support per	61062
full-time medical student shall not exceed that provided to	61063
full-time medical students at state universities.	61064

The foregoing appropriation items 235-536, Ohio State	61065
University Clinical Teaching; 235-537, University of Cincinnati	61066
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	61067
Clinical Teaching; 235-539, Wright State University Clinical	61068
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	61069
Northeastern Ohio Universities College of Medicine Clinical	61070
Teaching, shall be distributed through the Board of Regents.	61071

The foregoing appropriation item 235-572, Ohio State	61072
University Clinic Support, shall be distributed through the Board	61073
of Regents to The Ohio State University for support of dental and	61074
veterinary medicine clinics.	61075

The Board of Regents shall develop plans consistent with	61076
existing criteria and guidelines as may be required for the	61077
distribution of appropriation items 235-519, Family Practice,	61078
235-525, Geriatric Medicine, and 235-526, Primary Care	61079
Residencies.	61080

Of the foregoing appropriation item 235-539, Wright State	61081
University Clinical Teaching, $160,000 in each fiscal year shall	61082
be for the use of Wright State University's Ellis Institute for	61083
Clinical Teaching Studies to operate the clinical facility to	61084
serve the Greater Dayton area.	61085

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

61086

The Board of Regents, in consultation with the	61087
state-assisted medical colleges, shall develop performance	61088
standards for medical education. Special emphasis in the	61089
standards shall be placed on attempting to ensure that at least 50	61090
per cent of the aggregate number of students enrolled in	61091
state-assisted medical colleges continue to enter residency as	61092
primary care physicians. Primary care physicians are general	61093
family practice physicians, general internal medicine	61094
practitioners, and general pediatric care physicians. The Board	61095
of Regents shall monitor medical school performance in relation	61096
to their plans for reaching the 50 per cent systemwide standard	61097
for primary care physicians.	61098

The foregoing appropriation item 235-526, Primary Care	61099
Residencies, shall be distributed in each fiscal year of the	61100
biennium, based on whether the institution has submitted and	61101
gained approval for a plan. If the institution does not have an	61102
approved plan, it shall receive five per cent less funding per	61103
student than it would have received from its annual allocation.	61104
The remaining funding shall be distributed among those	61105
institutions that meet or exceed their targets.	61106

AREA HEALTH EDUCATION CENTERS

61107

The foregoing appropriation item 235-474, Area Health	61108
Education Centers Program Support, shall be used by the Board of	61109
Regents to support the medical school regional area health	61110
education centers' educational programs for the continued support	61111
of medical and other health professions education and for support	61112
of the Area Health Education Center Program.	61113

Of the foregoing appropriation item 235-474, Area Health	61114
Education Centers Program Support, $200,000 in each fiscal year	61115
shall be disbursed to the Ohio University College of Osteopathic	61116
Medicine for the establishment of a mobile health care unit to	61117
serve the southeastern area of the state. Of the foregoing	61118
appropriation item 235-474, Area Health Education Centers Program	61119
Support, $150,000 in each fiscal year shall be used to support the	61120
Ohio Valley Community Health Information Network (OVCHIN) project.	61121

Section 93.05. MIDWEST HIGHER EDUCATION COMPACT	61122

The foregoing appropriation item 235-408, Midwest Higher	61123
Education Compact, shall be distributed by the Board of Regents	61124
pursuant to section 3333.40 of the Revised Code.	61125

COLLEGE READINESS INITIATIVES

61126

Appropriation item 235-404, College Readiness Initiatives,	61127
shall be used by the Board of Regents to support programs	61128
designed to improve the ability of high school students to enroll	61129
and succeed in higher education.	61130

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

61131

Appropriation item 235-403, Math/Science Teaching	61132
Improvement, shall be used by the Board of Regents to support	61133
programs designed to raise the quality of mathematics and science	61134
teaching in primary and secondary education.	61135

Of the foregoing appropriation item 235-403, Mathematics and	61136
Science Teaching Improvement, $250,000 in each fiscal year shall	61137
be distributed to the Mathematics and Science Center in Lake	61138
County.	61139

Of the foregoing appropriation item 235-403, Mathematics and	61140
Science Teaching Improvement, $100,000 in each fiscal year shall	61141
be distributed to the Ohio Mathematics and Science Coalition.	61142

OHIO LEARNING NETWORK

61143

Appropriation item 235-417, Ohio Learning Network, shall be	61144
used by the Board of Regents to support the continued	61145
implementation of the Ohio Learning Network, a statewide	61146
electronic collaborative effort designed to promote degree	61147
completion of students, workforce training of employees, and	61148
professional development through the use of advanced	61149
telecommunications and distance education initiatives.	61150

DISPLACED HOMEMAKERS

61151

Out of the foregoing appropriation item 235-509, Displaced	61152
Homemakers, the Board of Regents shall continue funding pilot	61153
projects authorized in Am. Sub. H.B. No. 291 of the 115th General	61154
Assembly for the following centers: Cuyahoga Community College,	61155
University of Toledo, Southern State Community College, and Stark	61156
Technical College. The amount of $30,000 in each fiscal year	61157
shall be used for the Baldwin-Wallace Single Parents Reaching Out	61158
for Unassisted Tomorrows program.	61159

OHIO AEROSPACE INSTITUTE

61160

The foregoing appropriation item 235-527, Ohio Aerospace	61161
Institute, shall be distributed by the Board of Regents under	61162
section 3333.042 of the Revised Code.	61163

PRODUCTIVITY IMPROVEMENT CHALLENGE

61164

The foregoing appropriation item 235-455, Productivity	61165
Improvement Challenge, shall be allocated by the Board of Regents	61166
to continue increasing the capabilities of the EnterpriseOhio	61167
Network to meet the ongoing training needs of Ohio employers.	61168
Funds shall support multicampus collaboration, best practice	61169
dissemination, and capacity building projects. The Regents	61170
Advisory Committee for Workforce Development, in its advisory	61171
role, shall advise in the development of plans and activities.	61172

Of the foregoing appropriation item 235-455, Productivity	61173
Improvement Challenge, $208,000 in each fiscal year shall be used	61174
by the Dayton Business/Sinclair College Jobs Profiling Program.	61175

ACCESS IMPROVEMENT PROJECTS

61176

The foregoing appropriation item 235-477, Access Improvement	61177
Projects, shall be used by the Board of Regents to develop	61178
innovative statewide strategies to increase student access and	61179
retention for specialized populations, and to provide for pilot	61180
projects that will contribute to improving access to higher	61181
education by specialized populations. The funds may be used for	61182
projects that improve access for nonpublic secondary students.	61183

Of the foregoing appropriation item 235-477, Access	61184
Improvement Projects, $765,000 in each fiscal year shall be	61185
distributed to the Appalachian Center for Higher Education at	61186
Shawnee State University. The board of directors of the center	61187
shall consist of the presidents of Shawnee State University, Ohio	61188
University, Belmont Technical College, Hocking Technical College,	61189
Jefferson Community College, Muskingum Area Technical College, Rio	61190
Grande Community College, Southern State Community College, and	61191
Washington State Community College; the dean of one of the Salem,	61192
Tuscarawas, and East Liverpool regional campuses of Kent State	61193
University, as designated by the president of Kent State	61194
University; a representative of the Board of Regents designated	61195
by the Chancellor; and other members as may be determined by the	61196
Board of Regents.	61197

Of the foregoing appropriation item 235-477, Access	61198
Improvement Projects, $50,000 in fiscal year 2002 shall be	61199
distributed to the University of Rio Grande Site Improvement	61200
Planning project.	61201

Of the foregoing appropriation item 235-477, Access	61202
Improvement Projects, $135,000 in fiscal year 2002 shall be used	61203
to support the Access Appalachia Project.	61204

OHIO SUPERCOMPUTER CENTER

61205

The foregoing appropriation item 235-510, Ohio Supercomputer	61206
Center, shall be used by the Board of Regents to support the	61207
operation of the center, located at The Ohio State University, as	61208
a statewide resource available to Ohio research universities both	61209
public and private. It is also intended that the center be made	61210
accessible to private industry as appropriate. Policies of the	61211
center shall be established by a governance committee,	61212
representative of Ohio's research universities and private	61213
industry, to be appointed by the Chancellor of the Board of	61214
Regents and established for this purpose.	61215

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

61216

The foregoing appropriation item 235-556, Ohio Academic	61217
Resources Network, shall be used to support the operations of the	61218
Ohio Academic Resources Network, which shall include support for	61219
Ohio's state-assisted colleges and universities in maintaining and	61220
enhancing network connections.	61221

Section 93.06. PLEDGE OF FEES*

61222

Any new pledge of fees, or new agreement for adjustment of	61223
fees, made in the 2001-2003 biennium to secure bonds or notes of a	61224
state-assisted institution of higher education for a project for	61225
which bonds or notes were not outstanding on the effective date of	61226
this section shall be effective only after approval by the Board	61227
of Regents, unless approved in a previous biennium.	61228

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

61229

The foregoing appropriation item 235-909, Higher Education	61230
General Obligation Debt Service, shall be used to pay all debt	61231
service and financing costs at the times they are required to be	61232
made pursuant to sections 151.01 and 151.04 of the Revised Code	61233
during the period from July 1, 2001, to June 30, 2003. The Office	61234
of the Sinking Fund or the Director of Budget and Management shall	61235
effectuate the required payments by an interstate transfer	61236
voucher.	61237

LEASE RENTAL PAYMENTS

61238

The foregoing appropriation item 235-401, Lease Rental	61239
Payments, shall be used to meet all payments at the times they are	61240
required to be made during the period from July 1, 2001, to June	61241
30, 2003, by the Board of Regents pursuant to leases and	61242
agreements made under section 154.21 of the Revised Code, but	61243
limited to the aggregate amount of $563,969,000. Nothing in this	61244
act shall be deemed to contravene the obligation of the state to	61245
pay, without necessity for further appropriation, from the sources	61246
pledged thereto, the bond service charges on obligations issued	61247
pursuant to section 154.21 of the Revised Code.	61248

Section 93.07. OHIO INSTRUCTIONAL GRANTS

61249

Notwithstanding section 3333.12 of the Revised Code, in lieu	61250
of the tables in that section, instructional grants for all	61251
full-time students shall be made for fiscal year 2002 using the	61252
tables under this heading.	61253

The tables under this heading prescribe the maximum grant	61254
amounts covering two semesters, three quarters, or a comparable	61255
portion of one academic year. The grant amount for a full-time	61256
student enrolled in an eligible institution for a semester or	61257
quarter in addition to the portion of the academic year covered by	61258
a grant determined under these tables shall be a percentage of the	61259
maximum prescribed in the applicable table. The maximum grant for	61260
a fourth quarter shall be one-third of the maximum amount	61261
prescribed under the table. The maximum grant for a third semester	61262
shall be one-half of the maximum amount prescribed under the	61263
table.	61264

For a full-time student who is a dependent and enrolled in a	61265
nonprofit educational institution that is not a state-assisted	61266
institution and that has a certificate of authorization issued	61267
pursuant to Chapter 1713. of the Revised Code, the amount of the	61268
instructional grant for two semesters, three quarters, or a	61269
comparable portion of the academic year shall be determined in	61270
accordance with the following table:	61271

Private Institution

61272

Table of Grants

61273

	Maximum Grant $5,160		61274
Gross Income	Number of Dependents		61275

5 or more

61276

Under $14,000	$5,160	$5,160	$5,160	$5,160	$5,160	61277
$14,001 - $15,000	4,644	5,160	5,160	5,160	5,160	61278
$15,001 - $16,000	4,116	4,644	5,160	5,160	5,160	61279
$16,001 - $17,000	3,612	4,116	4,644	5,160	5,160	61280
$17,001 - $18,000	3,102	3,612	4,116	4,644	5,160	61281
$18,001 - $21,000	2,586	3,102	3,612	4,116	4,644	61282
$21,001 - $24,000	2,058	2,586	3,102	3,612	4,116	61283
$24,001 - $27,000	1,536	2,058	2,586	3,102	3,612	61284
$27,001 - $30,000	1,272	1,536	2,058	2,586	3,102	61285
$30,001 - $31,000	1,020	1,272	1,536	2,058	2,586	61286
$31,001 - $32,000	930	1,020	1,272	1,536	2,058	61287
$32,001 - $33,000	840	930	1,020	1,272	1,536	61288
$33,001 - $34,000	420	840	930	1,020	1,272	61289
$34,001 - $35,000	--	420	840	930	1,020	61290
$35,001 - $36,000	--	--	420	840	930	61291
$36,001 - $37,000	--	--	--	420	840	61292
$37,001 - $38,000	--	--	--	--	420	61293

For a full-time student who is financially independent and	61294
enrolled in a nonprofit educational institution that is not a	61295
state-assisted institution and that has a certificate of	61296
authorization issued pursuant to Chapter 1713. of the Revised	61297
Code, the amount of the instructional grant for two semesters,	61298
three quarters, or a comparable portion of the academic year shall	61299
be determined in accordance with the following table:	61300

Private Institution

61301

Table of Grants

61302

	Maximum Grant $5,160		61303
Gross Income	Number of Dependents		61304

5 or more

61305

Under $4,500	$5,160	$5,160	$5,160	$5,160	$5,160	$5,160	61306
$4,501 - $5,000	4,644	5,160	5,160	5,160	5,160	5,160	61307
$5,001 - $5,500	4,116	4,644	5,160	5,160	5,160	5,160	61308
$5,501 - $6,000	3,612	4,116	4,644	5,160	5,160	5,160	61309
$6,001 - $6,500	3,102	3,612	4,116	4,644	5,160	5,160	61310
$6,501 - $7,000	2,586	3,102	3,612	4,116	4,644	5,160	61311
$7,001 - $8,000	2,058	2,586	3,102	3,612	4,116	4,644	61312
$8,001 - $9,000	1,536	2,058	2,586	3,102	3,612	4,116	61313
$9,001 - $10,000	1,272	1,536	2,058	2,586	3,102	3,612	61314
$10,001 - $11,500	1,020	1,272	1,536	2,058	2,586	3,102	61315
$11,501 - $13,000	930	1,020	1,272	1,536	2,058	2,586	61316
$13,001 - $14,500	840	930	1,020	1,272	1,536	2,058	61317
$14,501 - $16,000	420	840	930	1,020	1,272	1,536	61318
$16,001 - $19,000	--	420	840	930	1,020	1,272	61319
$19,001 - $22,000	--	--	420	840	930	1,020	61320
$22,001 - $25,000	--	--	--	420	840	930	61321
$25,001 - $30,000	--	--	--	--	420	840	61322
$30,001 - $35,000	--	--	--	--	--	420	61323

For a full-time student who is a dependent and enrolled in an	61324
educational institution that holds a certificate of registration	61325
from the state board of proprietary school registration, the	61326
amount of the instructional grant for two semesters, three	61327
quarters, or a comparable portion of the academic year shall be	61328
determined in accordance with the following table:	61329

Proprietary Institution

61330

Table of Grants

61331

	Maximum Grant $4,374		61332
Gross Income	Number of Dependents		61333

5 or more

61334

Under $14,000	$4,374	$4,374	$4,374	$4,374	$4,374	61335
$14,001 - $15,000	3,948	4,374	4,374	4,374	4,374	61336
$15,001 - $16,000	3,480	3,948	4,374	4,374	4,374	61337
$16,001 - $17,000	3,042	3,480	3,948	4,374	4,374	61338
$17,001 - $18,000	2,634	3,042	3,480	3,948	4,374	61339
$18,001 - $21,000	2,166	2,634	3,042	3,480	3,948	61340
$21,001 - $24,000	1,752	2,166	2,634	3,042	3,480	61341
$24,001 - $27,000	1,338	1,752	2,166	2,634	3,042	61342
$27,001 - $30,000	1,074	1,338	1,752	2,166	2,634	61343
$30,001 - $31,000	858	1,074	1,338	1,752	2,166	61344
$31,001 - $32,000	804	858	1,074	1,338	1,752	61345
$32,001 - $33,000	708	804	858	1,074	1,338	61346
$33,001 - $34,000	354	708	804	858	1,074	61347
$34,001 - $35,000	--	354	708	804	858	61348
$35,001 - $36,000	--	--	354	708	804	61349
$36,001 - $37,000	--	--	--	354	708	61350
$37,001 - $38,000	--	--	--	--	354	61351

For a full-time student who is financially independent and	61352
enrolled in an educational institution that holds a certificate of	61353
registration from the state board of proprietary school	61354
registration, the amount of the instructional grant for two	61355
semesters, three quarters, or a comparable portion of the academic	61356
year shall be determined in accordance with the following table:	61357

Proprietary Institution

61358

Table of Grants

61359

	Maximum Grant $4,374		61360
Gross Income	Number of Dependents		61361

5 or more

61362

Under $4,500	$4,374	$4,374	$4,374	$4,374	$4,374	$4,374	61363
$4,501 - $5,000	3,948	4,374	4,374	4,374	4,374	4,374	61364
$5,001 - $5,500	3,480	3,948	4,374	4,374	4,374	4,374	61365
$5,501 - $6,000	3,042	3,480	3,948	4,374	4,374	4,374	61366
$6,001 - $6,500	2,634	3,042	3,480	3,948	4,374	4,374	61367
$6,501 - $7,000	2,166	2,634	3,042	3,480	3,948	4,374	61368
$7,001 - $8,000	1,752	2,166	2,634	3,042	3,480	3,948	61369
$8,001 - $9,000	1,338	1,752	2,166	2,634	3,042	3,480	61370
$9,001 - $10,000	1,074	1,338	1,752	2,166	2,634	3,042	61371
$10,001 - $11,500	858	1,074	1,338	1,752	2,166	2,634	61372
$11,501 - $13,000	804	858	1,074	1,338	1,752	2,166	61373
$13,001 - $14,500	708	804	858	1,074	1,338	1,752	61374
$14,501 - $16,000	354	708	804	858	1,074	1,338	61375
$16,001 - $19,000	--	354	708	804	858	1,074	61376
$19,001 - $22,000	--	--	354	708	804	858	61377
$22,001 - $25,000	--	--	--	354	708	804	61378
$25,001 - $30,000	--	--	--	--	354	708	61379
$30,001 - $35,000	--	--	--	--	--	354	61380

For a full-time student who is a dependent and enrolled in a	61381
state-assisted educational institution, the amount of the	61382
instructional grant for two semesters, three quarters, or a	61383
comparable portion of the academic year shall be determined in	61384
accordance with the following table:	61385

Public Institution

61386

Table of Grants

61387

	Maximum Grant $2,070		61388
Gross Income	Number of Dependents		61389

5 or more

61390

Under $14,000	$2,070	$2,070	$2,070	$2,070	$2,070	61391
$14,001 - $15,000	1,866	2,070	2,070	2,070	2,070	61392
$15,001 - $16,000	1,644	1,866	2,070	2,070	2,070	61393
$16,001 - $17,000	1,458	1,644	1,866	2,070	2,070	61394
$17,001 - $18,000	1,248	1,458	1,644	1,866	2,070	61395
$18,001 - $21,000	1,020	1,248	1,458	1,644	1,866	61396
$21,001 - $24,000	816	1,020	1,248	1,458	1,644	61397
$24,001 - $27,000	612	816	1,020	1,248	1,458	61398
$27,001 - $30,000	492	612	816	1,020	1,248	61399
$30,001 - $31,000	396	492	612	816	1,020	61400
$31,001 - $32,000	366	396	492	612	816	61401
$32,001 - $33,000	336	366	396	492	612	61402
$33,001 - $34,000	168	336	366	396	492	61403
$34,001 - $35,000	--	168	336	366	396	61404
$35,001 - $36,000	--	--	168	336	366	61405
$36,001 - $37,000	--	--	--	168	336	61406
$37,001 - $38,000	--	--	--	--	168	61407

For a full-time student who is financially independent and	61408
enrolled in a state-assisted educational institution, the amount	61409
of the instructional grant for two semesters, three quarters, or a	61410
comparable portion of the academic year shall be determined in	61411
accordance with the following table:	61412

Public Institution

61413

Table of Grants

61414

	Maximum Grant $2,070		61415
Gross Income	Number of Dependents		61416

5 or more

61417

Under $4,500	$2,070	$2,070	$2,070	$2,070	$2,070	$2,070	61418
$4,501 - $5,000	1,866	2,070	2,070	2,070	2,070	2,070	61419
$5,001 - $5,500	1,644	1,866	2,070	2,070	2,070	2,070	61420
$5,501 - $6,000	1,458	1,644	1,866	2,070	2,070	2,070	61421
$6,001 - $6,500	1,248	1,458	1,644	1,866	2,070	2,070	61422
$6,501 - $7,000	1,020	1,248	1,458	1,644	1,866	2,070	61423
$7,001 - $8,000	816	1,020	1,248	1,458	1,644	1,866	61424
$8,001 - $9,000	612	816	1,020	1,248	1,458	1,644	61425
$9,001 - $10,000	492	612	816	1,020	1,248	1,458	61426
$10,001 - $11,500	396	492	612	816	1,020	1,248	61427
$11,501 - $13,000	366	396	492	612	816	1,020	61428
$13,001 - $14,500	336	366	396	492	612	816	61429
$14,501 - $16,000	168	336	366	396	492	612	61430
$16,001 - $19,000	--	168	336	366	396	492	61431
$19,001 - $22,000	--	--	168	336	366	396	61432
$22,001 - $25,000	--	--	--	168	336	366	61433
$25,001 - $30,000	--	--	--	--	168	336	61434
$30,001 - $35,000	--	--	--	--	--	168	61435

The foregoing appropriation item 235-503, Ohio Instructional	61436
Grants, shall be used to make the payments authorized by division	61437
(C) of section 3333.26 of the Revised Code to the institutions	61438
described in that division. In addition, this appropriation shall	61439
be used to reimburse the institutions described in division (B) of	61440
section 3333.26 of the Revised Code for the cost of the waivers	61441
required by that division.	61442

Of the appropriation item 235-503, Ohio Instructional Grants,	61443
surplus funds net of encumbrances from the appropriation for	61444
fiscal year 2002 shall be reappropriated to appropriation item	61445
235-534, Student Workforce Development Grants, for fiscal year	61446
2003.	61447

WAR ORPHANS SCHOLARSHIPS

61448

The foregoing appropriation item 235-504, War Orphans	61449
Scholarships, shall be used to reimburse state-assisted	61450
institutions of higher education for waivers of instructional fees	61451
and general fees provided by them, to provide grants to	61452
institutions that have received a certificate of authorization	61453
from the Ohio Board of Regents under Chapter 1713. of the Revised	61454
Code, in accordance with the provisions of section 5910.04 of the	61455
Revised Code, and to fund additional scholarship benefits provided	61456
by section 5910.032 of the Revised Code.	61457

PART-TIME STUDENT INSTRUCTIONAL GRANTS

61458

The foregoing appropriation item 235-549, Part-time Student	61459
Instructional Grants, shall be used to support a grant program for	61460
part-time undergraduate students who are Ohio residents and who	61461
are enrolled in degree granting programs.	61462

Eligibility for participation in the program shall include	61463
degree granting educational institutions that hold a certificate	61464
of registration from the State Board of Proprietary School	61465
Registration, and nonprofit institutions that have a certificate	61466
of authorization issued pursuant to Chapter 1713. of the Revised	61467
Code, as well as state-assisted colleges and universities. Grants	61468
shall be given to students on the basis of need, as determined by	61469
the college, which, in making these determinations, shall give	61470
special consideration to single-parent heads-of-household and	61471
displaced homemakers who enroll in an educational degree program	61472
that prepares the individual for a career. In determining need,	61473
the college also shall consider the availability of educational	61474
assistance from a student's employer. It is the intent of the	61475
General Assembly that these grants not supplant such assistance.	61476

Section 93.08. STUDENT CHOICE GRANTS

61477

The foregoing appropriation item 235-531, Student Choice	61478
Grants, shall be used to support the Student Choice Grant Program	61479
created by section 3333.27 of the Revised Code.	61480

STUDENT WORKFORCE DEVELOPMENT GRANTS

61481

The foregoing appropriation item 235-534, Student Workforce	61482
Development Grants, shall be used to support the Student Workforce	61483
Development Grant Program. Of the appropriated funds available,	61484
the Board of Regents shall distribute grants to each eligible	61485
student in an academic year. The size of each grant award shall	61486
be determined by the Board of Regents based on the amount of funds	61487
available for the program.	61488

ACADEMIC SCHOLARSHIPS

61489

The foregoing appropriation item 235-530, Academic	61490
Scholarships, shall be used to provide academic scholarships to	61491
students under section 3333.22 of the Revised Code. The annual	61492
scholarship amount awarded to any student who receives a	61493
scholarship for the 2001-2002 academic year shall be $2,100, and	61494
the annual scholarship amount awarded to any student who receives	61495
a scholarship for the 2002-2003 academic year shall be $2,205.	61496

PHYSICIAN LOAN REPAYMENT

61497

The foregoing appropriation item 235-604, Physician Loan	61498
Repayment, shall be used in accordance with sections 3702.71 to	61499
3702.81 of the Revised Code.	61500

NURSING LOAN PROGRAM

61501

The foregoing appropriation item 235-606, Nursing Loan	61502
Program, shall be used to administer the nurse education	61503
assistance program. Up to $159,600 in fiscal year 2002 and	61504
$167,580 in fiscal year 2003 may be used for operating expenses	61505
associated with the program. Any additional funds needed for the	61506
administration of the program are subject to Controlling Board	61507
approval.	61508

Section 93.09. COOPERATIVE EXTENSION SERVICE	61509

Of the foregoing appropriation item 235-511, Cooperative	61510
Extension Service, $210,000 in each fiscal year shall be used for	61511
additional staffing for county agents for expanded 4-H activities.	61512
Of the foregoing appropriation item 235-511, Cooperative Extension	61513
Service, $210,000 in each fiscal year shall be used by the	61514
Cooperative Extension Service, through the Enterprise Center for	61515
Economic Development in cooperation with other agencies, for a	61516
public-private effort to create and operate a small business	61517
economic development program to enhance the development of	61518
alternatives to the growing of tobacco, and implement, through	61519
applied research and demonstration, the production and marketing	61520
of other high-value crops and value-added products. Of the	61521
foregoing appropriation item 235-511, Cooperative Extension	61522
Service, $65,000 in each fiscal year shall be used for farm labor	61523
mediation and education programs. Of the foregoing appropriation	61524
item 235-511, Cooperative Extension Service, $215,000 in each	61525
fiscal year shall be used to support the Ohio State University	61526
Marion Enterprise Center.	61527

Of the foregoing appropriation item 235-511, Cooperative	61528
Extension Service, $910,500 in each fiscal year shall be used to	61529
support the Ohio Watersheds Initiative.	61530

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

61531

Of the foregoing appropriation item 235-535, Ohio	61532
Agricultural Research and Development Center, $950,000 in each	61533
fiscal year shall be distributed to the Piketon Agricultural	61534
Research and Extension Center.	61535

Of the foregoing appropriation item 235-535, Ohio	61536
Agricultural Research and Development Center, $250,000 in each	61537
fiscal year shall be distributed to the	61538
Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	61539
State University Medical College in cooperation with the Ohio	61540
State University College of Agriculture.	61541

Of the foregoing appropriation item 235-535, Ohio	61542
Agricultural Research and Development Center, $50,000 in each	61543
fiscal year shall be used to support the Ohio Berry Administrator.	61544

Of the foregoing appropriation item 235-535, Ohio	61545
Agricultural Research and Development Center, $100,000 in each	61546
fiscal year shall be used for the development of agricultural	61547
crops and products not currently in widespread production in Ohio,	61548
in order to increase the income and viability of family farmers.	61549

COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH	61550
AND DEVELOPMENT CENTER	61551

The foregoing appropriation items 235-511, Cooperative	61552
Extension Service, and 235-535, Ohio Agricultural Research and	61553
Development Center, shall be disbursed through the Board of	61554
Regents to The Ohio State University in monthly payments, unless	61555
otherwise determined by the Director of Budget and Management	61556
pursuant to section 126.09 of the Revised Code. Of the foregoing	61557
appropriation item 235-535, Ohio Agricultural Research and	61558
Development Center, $540,000 in each fiscal year shall be used to	61559
purchase equipment.	61560

The Ohio Agricultural Research and Development Center shall	61561
not be required to remit payment to The Ohio State University	61562
during the 2001-2003 biennium for cost reallocation assessments.	61563
The cost reallocation assessments include, but are not limited to,	61564
any assessment on state appropriations to the center.	61565

Section 93.10. SEA GRANTS

61566

The foregoing appropriation item 235-402, Sea Grants, shall	61567
be disbursed to The Ohio State University and shall be used to	61568
conduct research on fish in Lake Erie.	61569

INFORMATION SYSTEM

61570

The foregoing appropriation item 235-409, Information System,	61571
shall be used by the Board of Regents to operate the higher	61572
education information data system known as the Higher Education	61573
Information System.	61574

STUDENT SUPPORT SERVICES

61575

The foregoing appropriation item 235-502, Student Support	61576
Services, shall be distributed by the Board of Regents to Ohio's	61577
state-assisted colleges and universities that incur	61578
disproportionate costs in the provision of support services to	61579
disabled students.	61580

CENTRAL STATE SUPPLEMENT

61581

The foregoing appropriation item 235-514, Central State	61582
Supplement, shall be used by Central State University to keep	61583
undergraduate fees below the statewide average, consistent with	61584
its mission of service to many first-generation college students	61585
from groups historically underrepresented in higher education and	61586
from families with limited incomes.	61587

SHAWNEE STATE SUPPLEMENT

61588

The foregoing appropriation item 235-520, Shawnee State	61589
Supplement, shall be used by Shawnee State University as detailed	61590
by both of the following:	61591

(A) To allow Shawnee State University to keep its	61592
undergraduate fees below the statewide average, consistent with	61593
its mission of service to an economically depressed Appalachian	61594
region;	61595

(B) To allow Shawnee State University to employ new faculty	61596
to develop and teach in new degree programs that meet the needs of	61597
Appalachians.	61598

POLICE AND FIRE PROTECTION

61599

The foregoing appropriation item 235-524, Police and Fire	61600
Protection, shall be used for police and fire services in the	61601
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	61602
Portsmouth, Xenia Township (Greene County), and Rootstown	61603
Township, which may be used to assist these local governments in	61604
providing police and fire protection for the central campus of the	61605
state-affiliated university located therein. Each participating	61606
municipality and township shall receive at least five thousand	61607
dollars per year. Funds shall be distributed by the Board of	61608
Regents.	61609

SCHOOL OF INTERNATIONAL BUSINESS

61610

Of the foregoing appropriation item 235-547, School of	61611
International Business, $1,218,764 in each fiscal year shall be	61612
used for the continued development and support of the School of	61613
International Business of the state universities of northeast	61614
Ohio. The money shall go to the University of Akron. These funds	61615
shall be used by the university to establish a School of	61616
International Business located at the University of Akron. It may	61617
confer with Kent State University, Youngstown State University,	61618
and Cleveland State University as to the curriculum and other	61619
matters regarding the school.	61620

Of the foregoing appropriation item 235-547, School of	61621
International Business, $245,000 in each fiscal year shall be used	61622
by the University of Toledo College of Business for expansion of	61623
its international business programs.	61624

Of the foregoing appropriation item 235-547, School of	61625
International Business, $245,000 in each fiscal year shall be used	61626
by to support the Ohio State University BioMEMS program.	61627

CAPITAL COMPONENT

61628

The foregoing appropriation item 235-552, Capital Component,	61629
shall be used by the Board of Regents to implement the capital	61630
funding policy for state-assisted colleges and universities	61631
established in Am. H.B. No. 748 of the 121st General Assembly.	61632
Appropriations from this item shall be distributed to all campuses	61633
for which the estimated campus debt service attributable to new	61634
qualifying capital projects is less than the campus's	61635
formula-determined capital component allocation. Campus	61636
allocations shall be determined by subtracting the estimated	61637
campus debt service attributable to new qualifying capital	61638
projects from the campus formula-determined capital component	61639
allocation. Moneys distributed from this appropriation item shall	61640
be restricted to capital-related purposes.	61641

DAYTON AREA GRADUATE STUDIES INSTITUTE

61642

The foregoing appropriation item 235-553, Dayton Area	61643
Graduate Studies Institute, shall be used by the Board of Regents	61644
to support the Dayton Area Graduate Studies Institute, an	61645
engineering graduate consortium of three universities in the	61646
Dayton area: Wright State University, the University of Dayton,	61647
and the Air Force Institute of Technology, with the participation	61648
of the University of Cincinnati and The Ohio State University.	61649

LONG-TERM CARE RESEARCH

61650

The foregoing appropriation item 235-558, Long-term Care	61651
Research, shall be disbursed to Miami University for long-term	61652
care research.	61653

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

61654

The foregoing appropriation item 235-561, Bowling Green State	61655
University Canadian Studies Center, shall be used by the Canadian	61656
Studies Center at Bowling Green State University to study	61657
opportunities for Ohio and Ohio businesses to benefit from the	61658
Free Trade Agreement between the United States and Canada.	61659

URBAN UNIVERSITY PROGRAMS

61660

Of the foregoing appropriation item 235-583, Urban University	61661
Programs, universities receiving funds that are used to support an	61662
ongoing university unit shall certify periodically in a manner	61663
approved by the Board of Regents that program funds are being	61664
matched on a one-to-one basis with equivalent resources. Overhead	61665
support may not be used to meet this requirement. Where Urban	61666
University Program funds are being used to support an ongoing	61667
university unit, matching funds must come from continuing rather	61668
than one-time sources. At each participating state-assisted	61669
institution of higher education, matching funds must be within the	61670
substantial control of the individual designated by the	61671
institution's president as the Urban University Program	61672
representative.	61673

Of the foregoing appropriation item 235-583, Urban University	61674
Programs, $372,400 in each fiscal year shall be used to support a	61675
public communication outreach program (WCPN). The primary purpose	61676
of the program shall be to develop a relationship between	61677
Cleveland State University and nonprofit communications entities.	61678

Of the foregoing appropriation item 235-583, Urban University	61679
Programs, $176,400 in each fiscal year shall be used to support	61680
the Center for the Interdisciplinary Study of Education and the	61681
Urban Child at Cleveland State University. These funds shall be	61682
distributed according to rules adopted by the Board of Regents and	61683
shall be used by the center for interdisciplinary activities	61684
targeted toward increasing the chance of lifetime success of the	61685
urban child, including interventions beginning with the prenatal	61686
period. The primary purpose of the center is to study issues in	61687
urban education and to systematically map directions for new	61688
approaches and new solutions by bringing together a cadre of	61689
researchers, scholars, and professionals representing the social,	61690
behavioral, education, and health disciplines.	61691

Of the foregoing appropriation item 235-583, Urban University	61692
Programs, $254,800 in each fiscal year shall be used to support	61693
the Kent State University Learning and Technology Project. This	61694
project is a kindergarten through university collaboration between	61695
schools surrounding Kent's eight campuses in northeast Ohio, and	61696
corporate partners who will assist in development and delivery.	61697

The Kent State University Project shall provide a faculty	61698
member who has a full-time role in the development of	61699
collaborative activities and teacher instructional programming	61700
between Kent and the K-12th grade schools that surround its eight	61701
campuses; appropriate student support staff to facilitate these	61702
programs and joint activities; and hardware and software to	61703
schools that will make possible the delivery of instruction to	61704
pre-service and in-service teachers, and their students, in their	61705
own classrooms or school buildings. This shall involve the	61706
delivery of low-bandwidth streaming video and web-based	61707
technologies in a distributed instructional model.	61708

Of the foregoing appropriation item 235-583, Urban University	61709
Programs, $98,000 in each fiscal year shall be used to support the	61710
Ameritech Classroom/Center for Research at Kent State University.	61711

Of the foregoing appropriation item 235-583, Urban University	61712
Programs, $980,000 in each fiscal year shall be used to support	61713
the Polymer Distance Learning Project at the University of Akron.	61714

Of the foregoing appropriation item 235-583, Urban University	61715
Programs, $49,000 in each fiscal year shall be distributed to the	61716
Kent State University/Cleveland Design Center program.	61717

Of the foregoing appropriation item 235-583, Urban University	61718
Programs, $245,000 in each fiscal year shall be used to support	61719
the Bliss Institute of Applied Politics at the University of	61720
Akron.	61721

Of the foregoing appropriation item 235-583, Urban University	61722
Programs, $14,700 in each fiscal year shall be used for the	61723
Advancing-Up Program at the University of Akron.	61724

Of the foregoing appropriation item 235-583, Urban University	61725
Programs, in each fiscal year $2,156,629 shall be distributed by	61726
the Board of Regents to Cleveland State University in support of	61727
the Maxine Goodman Levin College of Urban Affairs.	61728

Of the foregoing appropriation item 235-583, Urban University	61729
Programs, in each fiscal year $2,156,630 shall be distributed to	61730
the Northeast Ohio Research Consortium, the Urban Linkages	61731
Program, and the Urban Research Technical Assistance Grant	61732
Program. The distribution among the three programs shall be	61733
determined by the chair of the Urban University Program.	61734

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

61735

The foregoing appropriation item 235-595, International	61736
Center for Water Resources Development, shall be used to support	61737
the International Center for Water Resources Development at	61738
Central State University. The center shall develop methods to	61739
improve the management of water resources for Ohio and for	61740
emerging nations.	61741

RURAL UNIVERSITY PROJECTS

61742

Of the foregoing appropriation item 235-587, Rural University	61743
Projects, Bowling Green State University shall receive $212,072 in	61744
each fiscal year, Miami University shall receive $324,503 in each	61745
fiscal year, and Ohio University shall receive $740,977 in each	61746
fiscal year. These funds shall be used to support the Institute	61747
for Local Government Administration and Rural Development at Ohio	61748
University, the Center for Public Management and Regional Affairs	61749
at Miami University, and the Center for Policy Analysis and Public	61750
Service at Bowling Green State University.	61751

Of the foregoing appropriation item 235-587, Rural University	61752
Projects, $24,500 in each fiscal year shall be used to support the	61753
Washington State Community College day care center.	61754

Of the foregoing appropriation item 235-587, Rural University	61755
Projects, $73,500 in each fiscal year shall be used to support	61756
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	61757

A small portion of the funds provided to Ohio University	61758
shall also be used for the Institute for Local Government	61759
Administration and Rural Development State and Rural Policy	61760
Partnership with the Governor's Office of Appalachia and the	61761
Appalachian delegation of the General Assembly.	61762

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

61763

The foregoing appropriation item 235-588, Ohio Resource	61764
Center for Mathematics, Science, and Reading, shall be used to	61765
support a resource center for mathematics, science, and reading to	61766
be located at a state-assisted university for the purpose of	61767
identifying best educational practices in primary and secondary	61768
schools and establishing methods for communicating them to	61769
colleges of education and school districts.	61770

HAZARDOUS MATERIALS PROGRAM

61771

The foregoing appropriation item 235-596, Hazardous Materials	61772
Program, shall be disbursed to Cleveland State University for the	61773
operation of a program to certify firefighters for the handling of	61774
hazardous materials. Training shall be available to all Ohio	61775
firefighters.	61776

Of the foregoing appropriation item 235-596, Hazardous	61777
Materials Program, $150,000 in each fiscal year shall be used to	61778
support the Center for the Interdisciplinary Study of Education	61779
and Leadership in Public Service at Cleveland State University.	61780
These funds shall be distributed by the Board of Regents and shall	61781
be used by the center targeted toward increasing the role of	61782
special populations in public service and not-for-profit	61783
organizations. The primary purpose of the center is to study	61784
issues in public service and to guide strategies for attracting	61785
new communities into public service occupations by bringing	61786
together a cadre of researchers, scholars and professionals	61787
representing the public administration, social behavioral, and	61788
education disciplines.	61789

NATIONAL GUARD SCHOLARSHIP PROGRAM

61790

The Board of Regents shall disburse funds from appropriation	61791
item 235-599, National Guard Scholarship Program, at the direction	61792
of the Adjutant General.	61793

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

61794

The foregoing appropriation item 235-602, HEFC	61795
Administration, shall be used by the Board of Regents for	61796
operating expenses related to the Board of Regents' support of the	61797
activities of the Ohio Higher Educational Facility Commission.	61798
Upon the request of the chancellor, the Director of Budget and	61799
Management shall transfer up to $12,000 cash from Fund 461 to Fund	61800
4E8 in each fiscal year of the biennium.	61801

CAPITAL SCHOLARSHIP PROGRAMS

61802

The Chancellor of the Board of Regents may, for the purpose	61803
of providing up to one hundred twenty-five scholarships in each	61804
fiscal year in the amount of $2,000 each for students enrolled in	61805
Ohio's public and private institutions of higher education to	61806
participate in the Washington Center Internship Program, utilize	61807
any funds from any appropriation within the budget of the Board of	61808
Regents that the Chancellor determines to be available, not to	61809
exceed $250,000 in any fiscal year. The scholarships shall be	61810
matched by the Washington Center's scholarship funds.	61811

Section 93.11. BREAKTHROUGH INVESTMENTS	61812

OHIO PLAN STUDY COMMITTEE

61813

There is established the Ohio Plan Study Committee, which	61814
shall determine appropriate ways to fund the Ohio Plan for	61815
Technology and Development. The Study Committee shall consist of	61816
the Governor's Science Advisor, the Director of Budget and	61817
Management, the Chancellor of the Board of Regents, the Director	61818
of Development, three members of the House of Representatives	61819
appointed by the Speaker, of whom no more than two shall be of the	61820
same political party, and three members of the Senate appointed by	61821
the President, of whom no more than two shall be of the same	61822
political party. Administrative support for the Study Committee	61823
shall be provided by the Board of Regents. The Study Committee	61824
shall report its recommendations to the Governor and the General	61825
Assembly no later than December 31, 2001. After it submits its	61826
report, the Study Committee shall cease to exist. The Ohio Plan	61827
for Technology and Development is intended to promote	61828
collaborative efforts among state government, higher education,	61829
and business and industry that will lead to the development of New	61830
Economy applications of science and technology and, ultimately,	61831
new business start-ups in the state and increased economic	61832
prosperity for the citizens of Ohio.	61833

APPALACHIAN NEW ECONOMY PARTNERSHIP

61834

The foregoing appropriation item 235-428, Appalachian New	61835
Economy Partnership, shall be used by the Board of Regents to	61836
begin a multicampus and multiagency coordinated effort to link	61837
Appalachia to the new economy. Funds shall be distributed to Ohio	61838
University to provide leadership in the development and	61839
implementation of initiatives in the areas of entrepreneurship,	61840
technology, education, and management.	61841

Section 93.12. REPAYMENT OF RESEARCH FACILITY INVESTMENT	61842
FUND MONEYS	61843

Notwithstanding any provision of law to the contrary, all	61844
repayments of Research Facility Investment Fund loans shall be	61845
made to the Bond Service Trust Fund. All Research Facility	61846
Investment Fund loan repayments made prior to the effective date	61847
of this section shall be transferred by the Director of Budget and	61848
Management to the Bond Service Trust Fund within sixty days of the	61849
effective date of this section.	61850

Campuses shall make timely repayments of Research Facility	61851
Investment Fund loans, according to the schedule established by	61852
the Board of Regents. In the case of late payments, the Board of	61853
Regents may deduct from an institution's periodic subsidy	61854
distribution an amount equal to the amount of the overdue payment	61855
for that institution, transfer such amount to the Bond Service	61856
Trust Fund, and credit the appropriate institution for the	61857
repayment.	61858

VETERANS' PREFERENCES

61859

The Board of Regents shall work with the Governor's Office of	61860
Veterans' Affairs to develop specific veterans' preference	61861
guidelines for higher education institutions. These guidelines	61862
shall ensure that the institutions' hiring practices are in	61863
accordance with the intent of Ohio's veterans' preference laws.	61864

OHIO STATE UNIVERSITY VETERINARY CLINIC

61865

Notwithstanding anything to the contrary in sections 9.33,	61866
123.01, and 3345.50 and Chapter 153. of the Revised Code, The Ohio	61867
State University may negotiate, enter into, and locally administer	61868
a contract which combines the design and construction elements of	61869
the project into a single contract for the College of Veterinary	61870
Medicine Large Animal Clinic in Union County, Ohio. This project,	61871
costing approximately $1,200,000, is funded with university funds.	61872

Section 93.13. CENTRAL STATE UNIVERSITY

61873

(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and	61874
3345.76 of the Revised Code and rule 126:3-1-01 of the	61875
Administrative Code, Central State University shall adhere to the	61876
following fiscal standards:	61877

(1) Maintenance of a balanced budget and filing of quarterly	61878
reports on an annualized budget with the Board of Regents,	61879
comparing the budget to actual spending and revenues with	61880
projected expenditures and revenues for the remainder of the year.	61881
Such reports shall include narrative explanations as appropriate	61882
and be filed within 30 days of the end of the quarter.	61883

(2) Timely and accurate assessment of the current and	61884
projected cash flow of university funds, by fund type;	61885

(3) Timely reconciliation of all university cash and general	61886
ledger accounts, by fund;	61887

(4) Submission to the Auditor of State of financial	61888
statements consistent with audit requirements prescribed by the	61889
Auditor of State within four months after the end of the fiscal	61890
year;	61891

(5) Completion of an audit within six months after the end	61892
of the fiscal year.	61893

The Director of Budget and Management shall provide	61894
clarification to the university on these fiscal standards as	61895
deemed necessary. The director also may take such actions as are	61896
necessary to ensure that the university adheres to these standards	61897
and other fiscal standards consistent with generally accepted	61898
accounting principles and the requirements of external entities	61899
providing funding to the university. Such actions may include the	61900
appointment of a financial consultant to assist Central State	61901
University in the continuous process of design and implementation	61902
of responsible systems of financial management and accounting.	61903

(B) The director's fiscal oversight shall continue until	61904
such time as the university meets the same criteria as those	61905
created in paragraph (F) of rule 126:3-1-01 of the Administrative	61906
Code for the termination of a fiscal watch. At that time Central	61907
State University shall be relieved of the requirements of this	61908
section and subject to the requirements of sections 3345.72,	61909
3345.74, 3345.75, and 3345.76 of the Revised Code.	61910

Any encumbered funds remaining from appropriation item	61911
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 6	61912
of the 122nd General Assembly shall be released during the	61913
2001-2003 biennium for nonrecurring expenses contingent upon the	61914
approval of the Director of Budget and Management.	61915

Section 94. DRC DEPARTMENT OF REHABILITATION AND	61916

CORRECTION

61917

General Revenue Fund							61918
GRF	501-321	Institutional Operations	$	806,042,214	$	847,148,431	61919
GRF	501-403	Prisoner Compensation	$	8,837,616	$	8,837,616	61920
GRF	501-405	Halfway House	$	34,573,018	$	35,673,018	61921
GRF	501-406	Lease Rental Payments	$	147,288,300	$	151,594,300	61922
GRF	501-407	Community Nonresidential Programs	$	15,150,792	$	15,150,792	61923
GRF	501-408	Community Misdemeanor Programs	$	7,942,211	$	7,942,211	61924
GRF	501-501	Community Residential Programs - CBCF	$	51,215,353	$	54,815,353	61925
							61926
GRF	502-321	Mental Health Services	$	74,444,329	$	78,261,520	61927
GRF	503-321	Parole and Community Operations	$	73,332,328	$	78,711,552	61928
GRF	504-321	Administrative Operations	$	27,673,600	$	27,465,740	61929
GRF	505-321	Institution Medical Services	$	132,610,379	$	138,122,584	61930
GRF	506-321	Institution Education Services	$	22,858,645	$	23,917,493	61931
GRF	507-321	Institution Recovery Services	$	6,642,352	$	6,951,387	61932
TOTAL GRF General Revenue Fund			$	1,408,611,137	$	1,474,591,997	61933
							61934

General Services Fund Group

61935

4B0	501-601	Penitentiary Sewer Treatment Facility Services	$	1,535,919	$	1,614,079	61936
4D4	501-603	Prisoner Programs	$	21,872,497	$	23,135,230	61937
4L4	501-604	Transitional Control	$	401,772	$	417,032	61938
4S5	501-608	Education Services	$	3,727,680	$	3,894,150	61939
483	501-605	Property Receipts	$	361,230	$	373,628	61940
5H8	501-617	Offender Financial Responsibility	$	435,000	$	440,000	61941
5L6	501-611	Information Technology Services	$	5,474,800	$	3,561,670	61942
571	501-606	Training Academy Receipts	$	71,567	$	71,567	61943
593	501-618	Laboratory Services	$	4,277,711	$	4,469,231	61944
TOTAL GSF General Services Fund Group			$	38,158,176	$	37,976,587	61945

Federal Special Revenue Fund Group

61946

3S1	501-615	Truth-In-Sentencing Grants	$	22,906,042	$	23,432,796	61947
323	501-619	Federal Grants	$	10,246,790	$	10,246,790	61948
TOTAL FED Federal Special Revenue							61949
Fund Group			$	33,152,832	$	33,679,586	61950

Intragovernmental Service Fund Group

61951

148	501-602	Services and Agricultural	$	95,102,123	$	98,634,008	61952
200	501-607	Ohio Penal Industries	$	43,131,254	$	44,425,724	61953
TOTAL ISF Intragovernmental							61954
Service Fund Group			$	138,233,377	$	143,059,732	61955
TOTAL ALL BUDGET FUND GROUPS			$	1,618,155,522	$	1,689,307,902	61956

OHIO BUILDING AUTHORITY LEASE PAYMENTS

61957

The foregoing appropriation item 501-406, Lease Rental	61958
Payments, shall be used for payments to the Ohio Building	61959
Authority for the period July 1, 2001, to June 30, 2003, pursuant	61960
to the primary leases and agreements for those buildings made	61961
under Chapter 152. of the Revised Code in the amount of	61962
$298,882,600, which are the source of funds pledged for bond	61963
service charges on related obligations issued pursuant to Chapter	61964
152. of the Revised Code.	61965

PRISONER COMPENSATION

61966

Money from the foregoing appropriation item 501-403, Prisoner	61967
Compensation, shall be transferred on a quarterly basis by	61968
intrastate transfer voucher to Fund 148 for the purposes of paying	61969
prisoner compensation.	61970

CBCF Title XX FUNDS

61971

Not later than July 15, 2001, the Director of Budget and	61972
Management shall transfer $1,800,000 from Fund 3W3, Adult Special	61973
Needs, to the General Revenue Fund. Not later than July 15, 2002,	61974
the Director of Budget and Management shall transfer $5,400,000	61975
from Fund 3W3, Adult Special Needs, to the General Revenue Fund.	61976

INMATE DEVELOPMENT PROGRAM

61977

Of the foregoing appropriation item 503-321, Parole and	61978
Community Operations, at least $30,000 in each fiscal year shall	61979
be used for an inmate development program.	61980

INSTITUTION RECOVERY SERVICES

61981

Of the foregoing appropriation item 507-321, Institution	61982
Recovery Services, $50,000 in each fiscal year shall be used to	61983
fund a demonstration project using innovative alcohol and	61984
substance abuse treatment methods.	61985

Section 95. RSC REHABILITATION SERVICES COMMISSION	61986

General Revenue Fund

61987

GRF	415-100	Personal Services	$	8,506,587	$	8,949,644	61988
GRF	415-401	Personal Care Assistance	$	943,374	$	943,374	61989
GRF	415-402	Independent Living Council	$	398,582	$	398,582	61990
GRF	415-403	Mental Health Services	$	754,473	$	754,473	61991
GRF	415-404	MR/DD Services	$	1,326,302	$	1,326,301	61992
GRF	415-405	Vocational Rehabilitation/Job and Family Services	$	564,799	$	564,799	61993
GRF	415-406	Assistive Technology	$	50,000	$	50,000	61994
GRF	415-431	Office for People with Brain Injury	$	246,856	$	247,746	61995
GRF	415-506	Services for People with Disabilities	$	11,785,245	$	12,082,297	61996
GRF	415-508	Services for the Deaf	$	145,040	$	145,040	61997
GRF	415-509	Services for the Elderly	$	378,043	$	378,044	61998
GRF	415-520	Independent Living Services	$	61,078	$	61,078	61999
TOTAL GRF General Revenue Fund			$	25,160,379	$	25,901,378	62000

General Services Fund Group

62001

4W5	415-606	Administrative Expenses	$	18,775,759	$	19,649,829	62002
467	415-609	Business Enterprise Operating Expenses	$	1,585,602	$	1,493,586	62003
TOTAL GSF General Services							62004
Fund Group			$	20,361,361	$	21,143,415	62005

Federal Special Revenue Fund Group

62006

3L1	415-601	Social Security Personal Care Assistance	$	3,044,146	$	3,044,146	62007
3L1	415-605	Social Security Community Centers for the Deaf	$	1,100,488	$	1,100,488	62008
3L1	415-607	Social Security Administration Cost	$	163,596	$	171,085	62009
3L1	415-608	Social Security Special Programs/Assistance	$	16,949,140	$	7,309,984	62010
3L1	415-610	Social Security Vocational Rehabilitation	$	1,338,324	$	1,338,324	62011
3L4	415-612	Federal-Independent Living Centers or Services	$	681,726	$	681,726	62012
3L4	415-615	Federal - Supported Employment	$	1,753,738	$	1,753,738	62013
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,033,853	$	1,035,196	62014
317	415-620	Disability Determination	$	68,752,767	$	71,452,334	62015
379	415-616	Federal-Vocational Rehabilitation	$	107,747,928	$	110,980,366	62016
TOTAL FED Federal Special							62017
Revenue Fund Group			$	202,565,706	$	198,867,387	62018

State Special Revenue Fund Group

62019

4L1	415-619	Services for Rehabilitation	$	5,698,621	$	5,260,262	62020
468	415-618	Third Party Funding	$	1,231,465	$	892,991	62021
TOTAL SSR State Special							62022
Revenue Fund Group			$	6,930,086	$	6,153,253	62023
TOTAL ALL BUDGET FUND GROUPS			$	255,017,532	$	252,065,433	62024

STAND CONCESSIONS FUND - CREDITING OF INCOME

62025

In crediting interest and other income earned on moneys	62026
deposited in the Stand Concessions Fund (Fund 467), the Treasurer	62027
of State and Director of Budget and Management shall ensure that	62028
the requirements of section 3304.35 of the Revised Code are met.	62029

PERSONAL CARE ASSISTANCE

62030

The foregoing appropriation item 415-401, Personal Care	62031
Assistance, shall be used in addition to Social Security	62032
reimbursement funds to provide personal care assistance services.	62033
These funds shall not be used in lieu of Social Security	62034
reimbursement funds.	62035

MR/DD SERVICES

62036

The foregoing appropriation item 415-404, MR/DD Services,	62037
shall be used as state matching funds to provide vocational	62038
rehabilitation services to mutually eligible clients between the	62039
Rehabilitation Services Commission and the Department of Mental	62040
Retardation and Developmental Disabilities. The Rehabilitation	62041
Services Commission shall report to the Department of Mental	62042
Retardation and Developmental Disabilities, as outlined in an	62043
interagency agreement, on the number and status of mutually	62044
eligible clients and the status of the funds and expenditures for	62045
these clients.	62046

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

62047

The foregoing appropriation item 415-405, Vocational	62048
Rehabilitation/Job and Family Services, shall be used as state	62049
matching funds to provide vocational rehabilitation services to	62050
mutually eligible clients between the Rehabilitation Services	62051
Commission and the Department of Job and Family Services. The	62052
Rehabilitation Services Commission shall report to the Department	62053
of Job and Family Services, as outlined in an interagency	62054
agreement, on the number and status of mutually eligible clients	62055
and the status of the funds and expenditures for these clients.	62056

ASSISTIVE TECHNOLOGY

62057

The foregoing appropriation item 415-406, Assistive	62058
Technology, shall be provided to Assistive Technology of Ohio and	62059
shall be used only to provide grants under that program. No	62060
amount of the appropriation may be used for administrative costs.	62061

OFFICE FOR PEOPLE WITH BRAIN INJURY

62062

Of the foregoing appropriation item 415-431, Office for	62063
People with Brain Injury, $100,000 in each fiscal year shall be	62064
used for the state match for a federal grant awarded through the	62065
Traumatic Brain Injury Act, Pub. L. No. 104-166, and $50,000 in	62066
fiscal year 2002 and $50,000 in fiscal year 2003 shall be provided	62067
to the Brain Injury Trust Fund. The remaining appropriation in	62068
this item shall be used to plan and coordinate head-injury-related	62069
services provided by state agencies and other government or	62070
private entities, to assess the needs for such services, and to	62071
set priorities in this area.	62072

SERVICES FOR PEOPLE WITH DISABILITIES

62073

On verification of the receipt of revenue in Fund 3W2, Title	62074
XX Vocational Rehabilitation, the Director of Budget and	62075
Management shall transfer those funds to the General Revenue Fund.	62076
The transferred funds are appropriated to appropriation item	62077
415-506, Services for People with Disabilities. The foregoing	62078
appropriation item 415-506, Services for People with Disabilities,	62079
includes transferred funds of $600,000 in fiscal year 2002 and	62080
$897,052 in fiscal year 2003.	62081

SERVICES FOR THE DEAF

62082

The foregoing appropriation item 415-508, Services for the	62083
Deaf, shall be used to supplement Social Security reimbursement	62084
funds used to provide grants to community centers for the deaf.	62085
These funds shall not be used in lieu of Social Security	62086
reimbursement funds.	62087

SERVICES FOR THE ELDERLY

62088

The foregoing appropriation item 415-509, Services for the	62089
Elderly, shall be used as matching funds for vocational	62090
rehabilitation services for eligible elderly citizens with a	62091
disability.	62092

SOCIAL SECURITY REIMBURSEMENT FUNDS

62093

Reimbursement funds received from the Social Security	62094
Administration, United States Department of Health and Human	62095
Services, for the costs of providing services and training to	62096
return disability recipients to gainful employment, shall be used	62097
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	62098

(A) Appropriation item 415-601, Social Security Personal	62099
Care Assistance, to provide personal care services in accordance	62100
with section 3304.41 of the Revised Code;	62101

(B) Appropriation item 415-605, Social Security Community	62102
Centers for the Deaf, to provide grants to community centers for	62103
the deaf in Ohio for services to individuals with hearing	62104
impairments;	62105

(C) Appropriation item 415-607, Social Security	62106
Administration Cost, to provide administrative services needed to	62107
administer the Social Security reimbursement program;	62108

(D) Appropriation item 415-608, Social Security Special	62109
Programs/Assistance, to provide vocational rehabilitation services	62110
to individuals with severe disabilities, who are Social Security	62111
beneficiaries, to achieve competitive employment. This item also	62112
includes funds to assist the Personal Care Assistance, Community	62113
Centers for the Deaf, and Independent Living Programs to pay their	62114
share of indirect costs as mandated by federal OMB Circular A-87.	62115

(E) Appropriation item 415-610, Social Security Vocational	62116
Rehabilitation, to provide vocational rehabilitation services to	62117
individuals with severe disabilities to achieve a noncompetitive	62118
employment goal such as homemaker.	62119

ADMINISTRATIVE EXPENSES

62120

The foregoing appropriation item 415-606, Administrative	62121
Expenses, shall be used to support the administrative functions of	62122
the commission related to the provision of vocational	62123
rehabilitation, disability determination services, and ancillary	62124
programs.	62125

INDEPENDENT LIVING COUNCIL

62126

The foregoing appropriation items 415-402, Independent Living	62127
Council, shall be used to fund the operations of the State	62128
Independent Living Council.	62129

MENTAL HEALTH SERVICES

62130

The foregoing appropriation item 415-403, Mental Health	62131
Services, shall be used for the provision of vocational	62132
rehabilitation services to mutually eligible consumers of the	62133
Rehabilitation Services Commission and the Department of Mental	62134
Health.	62135

The Department of Mental Health shall receive a quarterly	62136
report from the Rehabilitation Services Commission stating the	62137
numbers served, numbers placed in employment, average hourly wage,	62138
and average hours worked.	62139

INDEPENDENT LIVING SERVICES

62140

The foregoing appropriation items 415-520, Independent Living	62141
Services, and 415-612, Federal-Independent Living Centers or	62142
Services, shall be used to support state independent living	62143
centers or independent living services pursuant to Title VII of	62144
the Independent Living Services and Centers for Independent Living	62145
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	62146
U.S.C. 796d.	62147

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

62148

The foregoing appropriation item 415-617, Independent	62149
Living/Vocational Rehabilitation Programs, shall be used to	62150
support vocational rehabilitation programs, including, but not	62151
limited to, Projects with Industry and Training Grants.	62152

Section 96. RCB RESPIRATORY CARE BOARD	62153

General Services Fund Group

62154

4K9	872-609	Operating Expenses	$	287,191	$	305,030	62155
TOTAL GSF General Services							62156
Fund Group			$	287,191	$	305,030	62157
TOTAL ALL BUDGET FUND GROUPS			$	287,191	$	305,030	62158

Section 97. REVENUE DISTRIBUTION FUNDS	62160

Volunteer Firefighters' Dependents Fund

62161

085	800-900	Volunteer Firefighters' Dependents Fund	$	200,000	$	200,000	62162
TOTAL 085 Volunteer Firefighters'							62163
Dependents Fund			$	200,000	$	200,000	62164
Agency Fund Group							62165
062	110-900	Resort Area Excise Tax	$	500,000	$	500,000	62166
063	110-900	Permissive Tax Distribution	$	1,398,200,000	$	1,447,100,000	62167
067	110-900	School District Income Tax Fund	$	156,800,000	$	166,200,000	62168
4P8	001-698	Cash Management Improvement Fund	$	2,000,000	$	2,000,000	62169
608	001-699	Investment Earnings	$	406,700,000	$	398,300,000	62170
TOTAL AGY Agency Fund Group			$	1,964,200,000	$	2,014,100,000	62171

Holding Account Redistribution

62172

R45	110-617	International Fuel Tax Distribution	$	40,000,000	$	41,000,000	62173
TOTAL R45 Holding Account Redistribution Fund			$	40,000,000	$	41,000,000	62174
Revenue Distribution Fund Group							62175
049	038-900	Indigent Drivers Alcohol Treatment	$	2,100,000	$	2,300,000	62176
050	762-900	International Registration Plan Distribution	$	58,000,000	$	65,000,000	62177
051	762-901	Auto Registration Distribution	$	490,000,000	$	515,000,000	62178
054	110-900	Local Government Property Tax Replacement	$	43,700,000	$	88,800,000	62179
060	110-900	Gasoline Excise Tax Fund	$	116,027,000	$	118,348,000	62180
064	110-900	Local Government Revenue Assistance	$	100,600,000	$	100,900,000	62181
065	110-900	Library/Local Government Support Fund	$	506,700,000	$	508,100,000	62182
066	800-900	Undivided Liquor Permit Fund	$	13,500,000	$	13,750,000	62183
068	110-900	State/Local Government Highway Distribution Fund	$	233,750,000	$	238,893,000	62184
069	110-900	Local Government Fund	$	718,700,000	$	720,400,000	62185
082	110-900	Horse Racing Tax	$	200,000	$	200,000	62186
083	700-900	Ohio Fairs Fund	$	3,000,000	$	3,000,000	62187
TOTAL RDF Revenue Distribution							62188
Fund Group			$	2,286,277,000	$	2,374,691,000	62189
TOTAL ALL BUDGET FUND GROUPS			$	4,290,677,000	$	4,429,991,000	62190

ADDITIONAL APPROPRIATIONS

62191

Appropriation items in this section are to be used for the	62192
purpose of administering and distributing the designated revenue	62193
distributions fund according to the Revised Code. If it is	62194
determined that additional appropriations are necessary, such	62195
amounts are appropriated.	62196

Section 98. SAN BOARD OF SANITARIAN REGISTRATION	62197

General Services Fund Group

62198

4K9	893-609	Operating Expenses	$	109,512	$	115,074	62199
TOTAL GSF General Services							62200
Fund Group			$	109,512	$	115,074	62201
TOTAL ALL BUDGET FUND GROUPS			$	109,512	$	115,074	62202

Section 99. OSB OHIO STATE SCHOOL FOR THE BLIND

62204

General Revenue Fund

62205

GRF	226-100	Personal Services	$	5,880,065	$	6,157,563	62206
GRF	226-200	Maintenance	$	700,437	$	717,948	62207
GRF	226-300	Equipment	$	139,288	$	142,770	62208
TOTAL GRF General Revenue Fund			$	6,719,790	$	7,018,281	62209

General Services Fund Group

62210

4H8	226-602	Education Reform Grants	$	30,652	$	31,476	62211
TOTAL GSF General Services							62212
Fund Group			$	30,652	$	31,476	62213

State Special Revenue Fund Group

62214

4M5	226-601	Work Study & Technology Investments	$	41,854	$	42,919	62215
TOTAL SSR State Special Revenue							62216
Fund Group			$	41,854	$	42,919	62217

Federal Special Revenue Fund Group

62218

3P5	226-643	Medicaid Professional Services Reimbursement	$	125,000	$	125,000	62219
310	226-626	Coordinating Unit	$	1,274,274	$	1,278,475	62220
TOTAL FED Federal Special							62221
Revenue Fund Group			$	1,399,274	$	1,403,475	62222
TOTAL ALL BUDGET FUND GROUPS			$	8,191,570	$	8,496,151	62223

Section 100. OSD OHIO STATE SCHOOL FOR THE DEAF	62225

General Revenue Fund

62226

GRF	221-100	Personal Services	$	7,662,763	$	8,022,913	62227
GRF	221-200	Maintenance	$	998,197	$	1,018,160	62228
GRF	221-300	Equipment	$	270,867	$	276,284	62229
TOTAL GRF General Revenue Fund			$	8,931,827	$	9,317,357	62230

General Services Fund Group

62231

4M1	221-602	Education Reform Grants	$	68,107	$	70,701	62232
TOTAL GSF General Services							62233
Fund Group			$	68,107	$	70,701	62234

State Special Revenue Fund Group

62235

4M0	221-601	Educational Program	$	35,320	$	33,188	62236
		Expenses					62237
5H6	221-609	Even Start Fees & Gifts	$	157,723	$	122,989	62238
TOTAL SSR State Special Revenue							62239
Fund Group			$	193,043	$	156,177	62240

Federal Special Revenue Fund Group

62241

3R0	221-684	Medicaid Professional	$	90,464	$	111,377	62242
		Services Reimbursement					62243
3U4	221-603	Even Start	$	125,000	$	104,625	62244
311	221-625	Coordinating Unit	$	910,000	$	933,400	62245
TOTAL FED Federal Special							62246
Revenue Fund Group			$	1,125,464	$	1,149,402	62247
TOTAL ALL BUDGET FUND GROUPS			$	10,318,441	$	10,693,637	62248

Section 101. SFC SCHOOL FACILITIES COMMISSION

62250

General Revenue Fund

62251

GRF	230-428	Lease Rental Payments	$	41,645,300	$	37,654,300	62252
GRF	230-908	Common Schools General Obligation Debt Service	$	36,418,800	$	55,336,300	62253
TOTAL GRF General Revenue Fund			$	78,064,100	$	92,990,600	62254

State Special Revenue Fund Group

62255

5E3	230-644	Operating Expenses	$	6,096,521	$	6,409,766	62256
TOTAL SSR State Special Revenue							62257
Fund Group			$	6,096,521	$	6,409,766	62258
TOTAL ALL BUDGET FUND GROUPS			$	84,160,621	$	99,400,366	62259

Section 101.01. LEASE RENTAL PAYMENTS

62261

The foregoing appropriation item 230-428, Lease Rental	62262
Payments, shall be used to meet all payments at the times they are	62263
required to be made during the period from July 1, 2001, to June	62264
30, 2003, by the School Facilities Commission pursuant to leases	62265
and agreements made under section 3318.26 of the Revised Code, but	62266
limited to the aggregate amount of $79,299,600. Nothing in this	62267
act shall be deemed to contravene the obligation of the state to	62268
pay, without necessity for further appropriation, from the sources	62269
pledged thereto, the bond service charges on obligations issued	62270
pursuant to Chapter 3318. of the Revised Code.	62271

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

62272

The foregoing appropriation item 230-908, Common Schools	62273
General Obligation Debt Service, shall be used to pay all debt	62274
service and financing costs at the times they are required to be	62275
made pursuant to sections 151.01 and 151.03 of the Revised Code	62276
during the period from July 1, 2001, to June 30, 2003. The Office	62277
of the Sinking Fund or the Director of Budget and Management shall	62278
effectuate the required payments by an intrastate transfer	62279
voucher.	62280

OPERATING EXPENSES

62281

The foregoing appropriation item 230-644, Operating Expenses,	62282
shall be used by the Ohio School Facilities Commission to carry	62283
out its responsibilities pursuant to this section and Chapter	62284
3318. of the Revised Code.	62285

Within ten days after the effective date of this section, or	62286
as soon as possible thereafter, the Executive Director of the Ohio	62287
School Facilities Commission shall certify to the Director of	62288
Budget and Management the amount of cash to be transferred from	62289
the School Building Assistance Fund (Fund 032) or the Public	62290
School Building Fund (Fund 021) to the Ohio School Facilities	62291
Commission Fund (Fund 5E3).	62292

By July 10, 2002, the Executive Director of the Ohio School	62293
Facilities Commission shall certify to the Director of Budget and	62294
Management the amount of cash to be transferred from the School	62295
Building Assistance Fund (Fund 032) or the Public School Building	62296
Fund (Fund 021) to the Ohio School Facilities Commission Fund	62297
(Fund 5E3).	62298

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

62299

At the request of the Executive Director of the Ohio School	62300
Facilities Commission, the Director of Budget and Management may	62301
cancel encumbrances for school district projects from a previous	62302
biennium if the district has not raised its local share of project	62303
costs within one year of receiving Controlling Board approval in	62304
accordance with section 3318.05 of the Revised Code. The	62305
Executive Director of the Ohio School Facilities Commission shall	62306
certify the amounts of these canceled encumbrances to the Director	62307
of Budget and Management on a quarterly basis. The amounts of the	62308
canceled encumbrances are appropriated.	62309

DISABILITY ACCESS PROJECTS

62310

The unencumbered and unallotted balances as of June 30, 2001,	62311
in appropriation item 230-649, Disability Access Project, are	62312
hereby reappropriated. The unencumbered and unallotted balances	62313
of the appropriation at the end of fiscal year 2002 are hereby	62314
reappropriated in fiscal year 2003 to fund capital projects	62315
pursuant to this section.	62316

(A) As used in this section:

62317

(1) "Percentile" means the percentile in which a school	62318
district is ranked according to the fiscal year 1998 ranking of	62319
school districts with regard to income and property wealth under	62320
division (B) of section 3318.011 of the Revised Code.	62321

(2) "School district" means a city, local, or exempted	62322
village school district, but excluding a school district that is	62323
one of the state's 21 urban school districts as defined in	62324
division (O) of section 3317.02 of the Revised Code, as that	62325
section existed prior to July 1, 1998.	62326

(3) "Valuation per pupil" means a district's total taxable	62327
value as defined in section 3317.02 of the Revised Code divided by	62328
the district's ADM as defined in division (A) of section 3317.02	62329
of the Revised Code as that section existed prior to July 1, 1998.	62330

(B) The School Facilities Commission shall adopt rules for	62331
awarding grants to school districts with a valuation per pupil of	62332
less than $200,000, to be used for construction, reconstruction,	62333
or renovation projects in classroom facilities, the purpose of	62334
which is to improve access to such facilities by physically	62335
handicapped persons. The rules shall include application	62336
procedures. No school district shall be awarded a grant under	62337
this section in excess of $100,000. In addition, any school	62338
district shall be required to pay a percentage of the cost of the	62339
project or which the grant is being awarded equal to the	62340
percentile in which the district is ranked.	62341

(C) The School Facilities Commission is hereby authorized to	62342
transfer a portion of appropriation item CAP-622, Public School	62343
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd General	62344
Assembly, to CAP-777, Disability Access Projects, to provide funds	62345
to make payments resulting from the approval of applications for	62346
disability access grants received prior to January 1, 1999. The	62347
amounts transferred are appropriated.	62348

Section 101.02. In fiscal year 2002, the Director of Budget	62349
and Management shall deposit into the Community School Classroom	62350
Facilities Loan Guarantee Fund, established under section 3318.52	62351
of the Revised Code, not more than ten million dollars from the	62352
moneys that have been appropriated to the Ohio School Facilities	62353
Commission for capital projects. The moneys so deposited shall be	62354
used by the Commission to guarantee loans to community schools	62355
under section 3318.50 of the Revised Code.	62356

Section 102. NET OHIO SCHOOLNET COMMISSION

62357

General Revenue Fund

62358

GRF	228-404	Operating Expenses	$	7,255,189	$	7,117,741	62359
GRF	228-406	Technical and Instructional Professional Development	$	10,475,898	$	10,172,630	62360
GRF	228-539	Education Technology	$	6,161,096	$	5,910,596	62361
Total GRF General Revenue Fund			$	23,892,183	$	23,200,967	62362

General Services Fund Group

62363

5D4	228-640	Conference/Special Purpose Expenses	$	510,700	$	521,382	62364
TOTAL GSF General Services							62365
Fund Group			$	510,700	$	521,382	62366

State Special Revenue Fund Group

62367

4W9	228-630	Ohio SchoolNet Telecommunity Fund	$	547,615	$	447,615	62368
4X1	228-634	Distance Learning	$	2,930,000	$	2,930,000	62369
TOTAL SSR State Special Revenue							62370
Fund Group			$	3,477,615	$	3,377,615	62371

Federal Special Revenue Fund Group

62372

3S3	228-655	Technology Literacy Challenge	$	15,918,780	$	15,918,780	62373
TOTAL FED Federal Special Revenue							62374
Fund Group			$	15,918,780	$	15,918,780	62375
TOTAL ALL BUDGET FUND GROUPS			$	43,799,278	$	43,018,744	62376

Section 102.01. INTERACTIVE VIDEO DISTANCE LEARNING PROGRAM

62378

The unencumbered and unalloted balances as of June 30, 2001,	62379
in appropriation item 228-650, Interactive Video Distance	62380
Learning, are reappropriated to fund projects pursuant to this	62381
section. Appropriation item 228-650, Interactive Video Distance	62382
Learning, shall be used to extend the Interactive Video Distance	62383
Learning Program in accordance with the statewide educational	62384
technology strategic plan. The Ohio SchoolNet Commission shall	62385
adopt procedures for the administration and implementation of the	62386
Interactive Video Distance Learning Program, which shall include	62387
application procedures, specifications for distance learning	62388
technology, and terms and conditions for participation in the	62389
program. The commission shall not approve any application for	62390
participation unless it determines that the applicant can	62391
effectively and efficiently integrate the proposed distance	62392
learning technology into schools or the selected schools or	62393
classrooms for the phase of the program. The commission shall	62394
give preference to lower wealth districts or consortia of such	62395
districts that do not have existing video teleconferencing	62396
technology.	62397

SCHOOLNET PLUS PROGRAM

62398

The unencumbered and unallotted balances as of June 30, 2001,	62399
in appropriation item 228-698, SchoolNet Plus, are hereby	62400
reappropriated to fund projects pursuant to this section.	62401
Appropriation item 228-698, SchoolNet Plus, may be used to	62402
purchase network telecommunications equipment for each public	62403
school building in this state to provide classroom and building	62404
access to existing and potential statewide voice, video, and data	62405
telecommunication services or to establish and equip interactive	62406
computer workstations. As used in this section, "public school	62407
building" means a school building of any city, local, exempted	62408
village, or joint vocational school district or any community	62409
school established under Chapter 3314. of the Revised Code. The	62410
Ohio SchoolNet Commission, in consultation with the Department of	62411
Education, Department of Administrative Services, and Ohio	62412
Education Computer Network, shall define the standards and	62413
equipment configurations necessary to maximize the efficient use	62414
of the existing and potential statewide voice, video, and data	62415
telecommunication services.	62416

Section 102.02. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	62417
DEVELOPMENT	62418

The foregoing appropriation item 228-406, Technical and	62419
Instructional Professional Development, shall be used by the Ohio	62420
SchoolNet Commission to make grants or provide services to	62421
qualifying schools, including the State School for the Blind and	62422
the Ohio School for the Deaf, for the provision of hardware,	62423
software, telecommunications services, and staff development to	62424
support educational uses of technology in the classroom.	62425

The Ohio SchoolNet Commission shall consider the professional	62426
development needs associated with the OhioReads Program when	62427
making funding allocations and program decisions.	62428

The Ohio Educational Telecommunications Network Commission,	62429
with the advice of the Ohio SchoolNet Commission, shall make	62430
grants totaling up to $1,400,000 in each year of the biennium for	62431
research development and production of interactive instructional	62432
programming series and teleconferences to support SchoolNet. Up	62433
to $55,000 of this amount shall be used in each year of the	62434
biennium to provide for the administration of these activities by	62435
the Ohio Educational Telecommunications Network Commission. The	62436
programming shall be targeted to the needs of the poorest 200	62437
school districts as determined by the district's adjusted	62438
valuation per pupil as defined in section 3317.0213 of the Revised	62439
Code.	62440

Of the foregoing appropriation item 228-406, Technical and	62441
Instructional Professional Development, $2,900,000 in each fiscal	62442
year shall be distributed by the Ohio SchoolNet Commission to	62443
low-wealth districts or consortia including low-wealth school	62444
districts, as determined by the district's adjusted valuation per	62445
pupil as defined in section 3317.0213 of the Revised Code, or the	62446
State School for the Blind or the Ohio School for the Deaf.	62447

The remaining appropriation allocated in appropriation item	62448
228-406, Technical and Instructional Professional Development,	62449
shall be used by the Ohio SchoolNet Commission for professional	62450
development for teachers and administrators for the use of	62451
educational technology. The commission may make grants to provide	62452
technical assistance and professional development on the use of	62453
educational technology to school districts.	62454

Eligible recipients of grants include regional training	62455
centers, county offices of education, data collection sites,	62456
instructional technology centers, institutions of higher	62457
education, public television stations, special education resource	62458
centers, area media centers, or other nonprofit educational	62459
organizations. Services provided through these grants may include	62460
use of private entities subcontracting through the grant	62461
recipient.	62462

Grants shall be made to entities on a contractual basis with	62463
the Ohio SchoolNet Commission. Contracts shall include provisions	62464
that demonstrate how services will benefit technology use in the	62465
schools, and in particular will support SchoolNet efforts to	62466
support technology in the schools. Contracts shall specify the	62467
scope of assistance being offered and the potential number of	62468
professionals who will be served. Contracting entities may be	62469
awarded more than one grant at a time.	62470

Grants shall be awarded in a manner consistent with the goals	62471
of SchoolNet. Special emphasis in the award of grants shall be	62472
placed on collaborative efforts among service providers.	62473

Application for grants from this appropriation in	62474
appropriation item 228-406, Technical and Instructional	62475
Professional Development, shall be consistent with a school	62476
district's technology plan that shall meet the minimum	62477
specifications for school district technology plans as prescribed	62478
by the Ohio SchoolNet Commission. Funds allocated through these	62479
grants may be combined with funds received through other state or	62480
federal grants for technology so long as the school district's	62481
technology plan specifies the use of these funds.	62482

EDUCATION TECHNOLOGY

62483

The foregoing appropriation item 228-539, Education	62484
Technology, shall be used to provide funding to suppliers of	62485
information services to school districts for the provision of	62486
hardware, software, and staff development in support of	62487
educational uses of technology in the classroom as prescribed by	62488
the State Plan for Technology pursuant to section 3301.07 of the	62489
Revised Code, and to support assistive technology for children and	62490
youth with disabilities.	62491

Up to $5,200,000 in each fiscal year shall be used by the	62492
Ohio SchoolNet Commission to contract with instructional	62493
television, and $961,096 in fiscal year 2002, and $710,596 in	62494
fiscal year 2003 shall be used by the commission to contract with	62495
education media centers to provide Ohio schools with instructional	62496
resources and services.	62497

Resources may include, but not be limited to, the following:	62498
pre-recorded video materials (including videotape, laser discs,	62499
and CD-ROM discs); computer software for student use or student	62500
access to electronic communication, databases, spreadsheet, and	62501
word processing capability; live student courses or courses	62502
delivered electronically; automated media systems; and	62503
instructional and professional development materials for teachers.	62504
The commission shall cooperate with education technology agencies	62505
in the acquisition, development, and delivery of such educational	62506
resources to ensure high-quality and educational soundness at the	62507
lowest possible cost. Delivery of such resources may utilize a	62508
variety of technologies, with preference given to a high-speed	62509
integrated information network that can transport video, voice,	62510
data, and graphics simultaneously.	62511

Services shall include presentations and technical assistance	62512
that will help students and teachers integrate educational	62513
materials that support curriculum objectives, match specific	62514
learning styles, and are appropriate for individual interests and	62515
ability levels.	62516

Such instructional resources and services shall be made	62517
available for purchase by chartered nonpublic schools or by public	62518
school districts for the benefit of pupils attending chartered	62519
nonpublic schools.	62520

DISTANCE LEARNING

62521

Appropriation item 228-634, Distance Learning, shall be	62522
distributed by the Ohio SchoolNet Commission on a grant basis to	62523
eligible school districts to establish "distance learning" in the	62524
school district. Per the agreement with Ameritech, school	62525
districts are eligible for funds if they are within an Ameritech	62526
service area. Funds to administer the program shall be expended	62527
by the commission up to the amount specified in the agreement with	62528
Ameritech.	62529

Within 30 days after the effective date of this section, the	62530
Director of Budget and Management shall transfer to fund 4X1 in	62531
the State Special Revenue Fund Group any investment earnings from	62532
moneys paid to the office or to the SchoolNet Commission by any	62533
telephone company as part of a settlement agreement between the	62534
company and the Public Utilities Commission in fiscal year 1995.	62535

ELECTRICAL INFRASTRUCTURE

62536

The unencumbered and unallotted balances of June 30, 2001, in	62537
appropriation item 228-690, SchoolNet Electrical Infrastructure,	62538
are reappropriated to fund projects pursuant to this section. The	62539
foregoing appropriation item may be distributed by the Ohio	62540
SchoolNet Commission for use by school districts to renovate	62541
existing buildings with sufficient electrical service to safely	62542
operate educational technology consistent with their SchoolNet and	62543
SchoolNet Plus technology plans. The Executive Director of the	62544
Ohio SchoolNet Commission shall review grant proposals from school	62545
districts for the use of these funds. In evaluating grant	62546
proposals, the executive director shall consider the ability and	62547
commitment of school districts to contribute local public and	62548
private resources to upgrade their electrical service and shall	62549
give consideration to consortia of school districts that have	62550
formed to optimize resources to upgrade electrical service. In no	62551
case shall grant awards exceed $1,000,000 for a single school	62552
district. Funding recommendations for this appropriation made by	62553
the executive director are subject to the review of the Ohio	62554
SchoolNet Commission.	62555

Section 102.03. TOBACCO SETTLEMENT EDUCATION TECHNOLOGIES	62556
TRUST FUND	62557

All funds from the Tobacco Settlement Education Technologies	62558
Trust Fund are hereby dedicated to the Ohio SchoolNet Commission.	62559
Existing balances in the fund and additional revenue deposited	62560
prior to June 30, 2003, are hereby appropriated to be used by the	62561
SchoolNet Commission for grants to school districts and other	62562
entities, and for the costs of administering these grants. Of	62563
the total amount for grants, $1,841,655 in fiscal year 2002 and	62564
$1,917,293 in fiscal year 2003 shall be used for the Ohio ONEnet	62565
project, $4,086,000 in fiscal year 2002 shall be used for	62566
Interactive Video Distance Learning, $865,950 in fiscal year 2002	62567
and $909,247 in fiscal year 2003 shall be used for the INFOhio	62568
Network, $313,500 in fiscal year 2002 and $298,750 in fiscal year	62569
2003 shall be used for the JASON Project, $1,000,000 in each	62570
fiscal year shall be used for RISE Learning Solutions, and	62571
$200,000 in each fiscal year shall be used for the Stark County	62572
School Teacher Technical Training Center. The remaining amount	62573
for grants shall be made to school districts.	62574

The ONEnet Ohio Project is designed to link all public K-12	62575
classrooms to each other and the Internet, and to provide access	62576
to voice, video, and data educational resources for students and	62577
teachers.	62578

The Interactive Video Distance Learning Program shall provide	62579
competitive grants to school districts or consortia of school	62580
districts to purchase necessary distance learning technology, pay	62581
recurring connectivity costs, train technology coordinators to	62582
use, maintain, and support distance learning technology, train	62583
teachers to use distance learning technology in the classroom, and	62584
provide ongoing content development to be shared statewide.	62585

The INFOhio Network is a network of library resources to	62586
support the provision of electronic resources to all public	62587
schools with preference given to elementary schools. Consideration	62588
should be given to coordinating the allocation of these moneys	62589
with the efforts of OhioLINK and the Ohio Public Information	62590
Network.	62591

The JASON Project shall provide funding for statewide access	62592
and a 75% subsidy for statewide licensing of JASON content for	62593
90,000 middle school students statewide, and professional	62594
development for teachers participating in the program.	62595

It is the intent of the General Assembly that the SchoolNet	62596
Commission, in conjunction with RISE Learning Solutions, shall	62597
develop a program that may be conducted in conjunction with	62598
state-supported technology programs including, but not limited to,	62599
SchoolNet Commission appropriation item 228-406, Technical and	62600
Instructional Professional Development, and appropriation item	62601
228-539, Education Technology, designed to educate preschool staff	62602
members and providers on developmentally appropriate teaching	62603
methods, behavior guidance, and literacy and to involve parents	62604
more closely in the education and development of their children.	62605
The project shall include an interactive instructional program,	62606
delivered using satellite television, Internet, and with	62607
facilitation, which shall be distributed to program participants	62608
using the established satellite receiver dishes on public schools,	62609
Head Start centers, and childcare centers at up to 100 locations	62610
throughout the state. The interactive instructional program shall	62611
be developed to enhance the professional development, training,	62612
and performance of preschool staff members; the education and	62613
care-giving skills of the parents of preschool children; and the	62614
preparation of preschool-aged children for learning.	62615

The project shall utilize the grant to continue a	62616
direct-service program that shall include at least three	62617
teleconferences that may be distributed by Ohio-based public	62618
television utilizing satellite or microwave technology in a manner	62619
designed to promote interactive communications between the program	62620
participants located at sub-sites within the Ohio Educational	62621
Broadcast Network or as determined by the commission. Program	62622
participants shall communicate with trainers and participants at	62623
other program sites through telecommunications and facsimile and	62624
on-line computer technology. As much as possible, the project	62625
shall utilize systems currently available in state-supported	62626
technology programs and conduct the program in a manner that	62627
promotes innovative, interactive communications between program	62628
participants at all the sites. Parent support groups and teacher	62629
training sessions shall supplement the teleconferences and shall	62630
occur on a local basis.	62631

RISE Learning Solutions may subcontract components of the	62632
project.	62633

Individuals eligible to participate in the program include	62634
those children, their parents, custodians, or guardians, and	62635
preschool staff members who are eligible to participate in a	62636
preschool program as defined in division (A) of section 3301.52	62637
and section 5104.02 of the Revised Code.	62638

The programs, including two to be developed in support of	62639
teacher proficiency in teaching reading to prekindergarten and	62640
kindergarten to third grade students, at the direction of the	62641
Department, may include: two three-hour broadcast seminars from a	62642
central up-link station, distributed in up to 88 counties; high	62643
production-value video sought in various locations; and direct	62644
interactive adult learning activities. The program shall develop	62645
program workbooks and involve at least three small	62646
group-facilitated follow-up discussion workshops and development	62647
and distribution of at least two home videos. The program shall	62648
also provide Internet access, interactive lines, bulletin board,	62649
and CD-ROM.	62650

Upon completion of each of the school years for which the	62651
grant was made, RISE Learning Solutions shall issue a report to	62652
the commission and the members of the General Assembly explaining	62653
the goals and objectives determined, the activities implemented,	62654
the progress made toward the achievement of the goals and	62655
objectives, and the outcome of the project.	62656

Not later than August 30, 2001, after the approval of the	62657
Director of Budget and Management, the SchoolNet Commission shall	62658
submit a budget for the expected appropriations from the Tobacco	62659
Settlement Education Technologies Trust Fund to the Controlling	62660
Board. The SchoolNet Commission shall demonstrate to the	62661
Controlling Board how the Commission's other funding provided by	62662
this act works with these additional appropriations.	62663

In the event that the funds in the Tobacco Settlement	62664
Education Technologies Trust Fund are not sufficient to cover the	62665
appropriations for the specific projects listed in this section,	62666
spending on every project shall be reduced proportionately.	62667

Section 102.04. There is hereby created the Ohio Schools	62668
Technology Implementation Task Force. The Task Force shall	62669
develop recommendations based upon the findings from the	62670
Independent Review and Strategic Plan authorized to be completed	62671
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of	62672
the 123rd General Assembly, for a comprehensive framework for	62673
coordinating the planning and implementation of technology in Ohio	62674
schools. The Task Force shall examine and make long-term	62675
recommendations for technology funding for Ohio's primary and	62676
secondary schools as well as for the operational costs of the Ohio	62677
SchoolNet Commission.	62678

The Task Force shall be composed of six voting members, three	62679
of whom shall be members of the Senate appointed by the President	62680
of the Senate and three of whom shall be members of the House of	62681
Representatives appointed by the Speaker of the House of	62682
Representatives. Not more than two members from each house shall	62683
be members of the same political party. From among these six	62684
voting members, the President of the Senate and the Speaker of the	62685
House of Representatives jointly shall appoint a chairperson of	62686
the Task Force. The Task Force shall include as ex officio	62687
nonvoting members the Superintendent of Public Instruction or the	62688
Superintendent's designee, the Director of Budget and Management	62689
or the Director's designee, the Director of Administrative	62690
Services or the Director's designee, the Executive Director of the	62691
Ohio SchoolNet Commission or the Executive Director's designee, a	62692
representative designated by the head of the Ohio Education	62693
Computer Network, a representative designated by the Chairperson	62694
of the Public Utilities Commission of Ohio, a representative	62695
appointed by the Chairperson of the Ohio Educational	62696
Telecommunications Network Commission, a representative of Ohio's	62697
business community appointed by the President of the Senate, and a	62698
representative from an educational service center appointed by the	62699
Speaker of the House of Representatives. The voting members may,	62700
by majority vote, elect to include any number of additional	62701
nonvoting members.	62702

The Legislative Service Commission shall provide any staffing	62703
assistance requested by the Task Force. The Task Force shall	62704
issue a report not later than December 1, 2002. Upon issuing its	62705
report, the Task Force shall cease to exist.	62706

Section 103. SOS SECRETARY OF STATE

62707

General Revenue Fund

62708

GRF	050-321	Operating Expenses	$	3,300,000	$	3,300,000	62709
GRF	050-403	Election Statistics	$	146,963	$	154,882	62710
GRF	050-407	Pollworkers Training	$	231,400	$	327,600	62711
GRF	050-409	Litigation Expenditures	$	26,210	$	27,622	62712
TOTAL GRF General Revenue Fund			$	3,704,573	$	3,810,104	62713

General Services Fund Group

62714

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	62715
412	050-607	Notary Commission	$	166,284	$	171,273	62716
413	050-601	Information Systems	$	153,300	$	157,133	62717
414	050-602	Citizen Education Fund	$	80,000	$	70,000	62718
TOTAL General Services Fund Group			$	406,784	$	405,606	62719

State Special Revenue Fund Group

62720

5N9	050-607	Technology Improvements	$	120,000	$	121,000	62721
599	050-603	Business Services Operating Expenses	$	11,880,000	$	11,979,000	62722
TOTAL SSR State Special Revenue							62723
Fund Group			$	12,000,000	$	12,100,000	62724

Holding Account Redistribution Fund Group

62725

R01	050-605	Uniform Commercial Code Refunds	$	65,000	$	65,000	62726
R02	050-606	Corporate/Business Filing Refunds	$	185,000	$	185,000	62727
TOTAL 090 Holding Account							62728
Redistribution Fund Group			$	250,000	$	250,000	62729
TOTAL ALL BUDGET FUND GROUPS			$	16,361,357	$	16,565,710	62730

BOARD OF VOTING MACHINE EXAMINERS

62731

The foregoing appropriation item 050-610, Board of Voting	62732
Machine Examiners, shall be used to pay for the services and	62733
expenses of the members of the Board of Voting Machine Examiners,	62734
and for other expenses that are authorized to be paid from the	62735
Board of Voting Machine Examiners Fund, which is created in	62736
section 3506.05 of the Revised Code. Moneys not used shall be	62737
returned to the person or entity submitting the equipment for	62738
examination. If it is determined that additional appropriations	62739
are necessary, such amounts are appropriated.	62740

HOLDING ACCOUNT REDISTRIBUTION GROUP

62741

The foregoing appropriation items 050-605 and 050-606,	62742
Holding Account Redistribution Fund Group, shall be used to hold	62743
revenues until they are directed to the appropriate accounts or	62744
until they are refunded. If it is determined that additional	62745
appropriations are necessary, such amounts are appropriated.	62746

Section 104. SEN THE OHIO SENATE	62747

General Revenue Fund

62748

GRF	020-321		Operating Expenses		$	11,199,045		$	11,199,045		62749
TOTAL GRF General Revenue Fund					$	11,199,045		$	11,199,045		62750

General Services Fund Group

62751

102	020-602	Senate Reimbursement	$	402,744	$	402,744	62752
409	020-601	Miscellaneous Sales	$	30,980	$	30,980	62753
TOTAL GSF General Services							62754
Fund Group			$	433,724	$	433,724	62755
TOTAL ALL BUDGET FUND GROUPS			$	11,632,769	$	11,632,769	62756

Section 105. CSF COMMISSIONERS OF THE SINKING FUND

62758

Debt Service Fund Group

62759

071	155-901	Highway Obligations Bond Retirement Fund	$	49,614,300	$	47,572,500	62760
072	155-902	Highway Capital Improvements Bond Retirement Fund	$	137,730,500	$	152,120,700	62761
073	155-903	Natural Resources Bond Retirement	$	19,001,100	$	22,101,900	62762
076	155-906	Coal Research and Development Bond Retirement Fund	$	8,971,700	$	9,420,300	62763
077	155-907	State Capital Improvements Bond Retirement Fund	$	135,693,200	$	146,210,200	62764
078	155-908	Common Schools Capital Facilities Bond Retirement Fund	$	36,418,800	$	55,336,300	62765
079	155-909	Higher Education Capital Facilities Bond Retirement Fund	$	50,055,100	$	74,344,100	62766
TOTAL DSF Debt Service Fund Group			$	437,484,700	$	507,106,000	62767
TOTAL ALL BUDGET FUND GROUPS			$	437,484,700	$	507,106,000	62768

ADDITIONAL APPROPRIATIONS

62769

Appropriation items in this section are for the purpose of	62770
paying debt service and financing costs on bonds or notes of the	62771
state issued pursuant to the Ohio Constitution and acts of the	62772
General Assembly. If it is determined that additional	62773
appropriations are necessary, such amounts are appropriated.	62774

Section 106. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY	62775

& AUDIOLOGY

62776

General Services Fund Group

62777

4K9	886-609	Operating Expenses	$	352,727	$	372,348	62778
TOTAL GSF General Services							62779
Fund Group			$	352,727	$	372,348	62780
TOTAL ALL BUDGET FUND GROUPS			$	352,727	$	372,348	62781

Section 107. BTA BOARD OF TAX APPEALS	62783

General Revenue Fund

62784

GRF	116-321		Operating Expenses		$	2,499,741		$	2,569,734		62785
TOTAL GRF General Revenue Fund					$	2,499,741		$	2,569,734		62786

General Services Fund Group

62787

439	116-602	Reproduction of Decisions	$	7,500	$	7,500	62788
TOTAL GSF General Services							62789
Fund Group			$	7,500	$	7,500	62790
TOTAL ALL BUDGET FUND GROUPS			$	2,507,241	$	2,577,234	62791

Section 108. TAX DEPARTMENT OF TAXATION

62793

General Revenue Fund

62794

GRF	110-321	Operating Expenses	$	87,611,076	$	89,566,509	62795
GRF	110-412	Child Support Administration	$	92,939	$	90,006	62796
GRF	110-901	Property Tax Allocation - Taxation	$	380,200,000	$	399,300,000	62797
GRF	110-906	Tangible Tax Exemption - Taxation	$	30,000,000	$	30,900,000	62798
TOTAL GRF General Revenue Fund			$	497,904,015	$	519,856,515	62799

Agency Fund Group

62800

425	110-635		Tax Refunds		$	860,000,000		$	875,000,000		62801
TOTAL AGY Agency Fund Group					$	860,000,000		$	875,000,000		62802

General Services Fund Group

62803

433	110-602	Tape File Account	$	92,082	$	96,165	62804
TOTAL GSF General Services							62805
Fund Group			$	92,082	$	96,165	62806

State Special Revenue Fund Group

62807

4C6	110-616	International Registration Plan	$	669,561	$	706,855	62808
4R6	110-610	Tire Tax Administration	$	65,000	$	65,000	62809
435	110-607	Local Tax Administration	$	29,517,404	$	24,189,026	62810
436	110-608	Motor Vehicle Audit	$	1,687,249	$	1,600,000	62811
437	110-606	Litter Tax and Natural Resource Tax Administration	$	594,726	$	625,232	62812
438	110-609	School District Income Tax	$	2,873,446	$	2,599,999	62813
5N6	110-618	Kilowatt Hour Tax Administration	$	85,000	$	85,000	62814
5N7	110-619	Municipal Internet Site	$	10,000	$	10,000	62815
639	110-614	Cigarette Tax Enforcement	$	161,168	$	168,925	62816
642	110-613	Ohio Political Party Distributions	$	800,000	$	800,000	62817
688	110-615	Local Excise Tax Administration	$	300,000	$	300,000	62818
TOTAL SSR State Special Revenue							62819
Fund Group			$	36,763,554	$	31,150,037	62820

Federal Special Revenue Fund Group

62821

3J6	110-601	Motor Fuel Compliance	$	33,000	$	33,000	62822
TOTAL FED Federal Special Revenue							62823
Fund Group			$	33,000	$	33,000	62824

Holding Account Redistribution Fund Group

62825

R10	110-611	Tax Distributions	$	2,000	$	2,000	62826
R11	110-612	Miscellaneous Income Tax Receipts	$	5,000	$	5,000	62827
TOTAL 090 Holding Account							62828
Redistribution Fund Group			$	7,000	$	7,000	62829
TOTAL ALL BUDGET FUND GROUPS			$	1,394,799,651	$	1,426,142,717	62830

LITTER CONTROL TAX ADMINISTRATION FUND

62831

Notwithstanding section 5733.12 of the Revised Code, during	62832
the period from July 1, 2001, to June 30, 2002, the amount of	62833
$594,726, and during the period from July 1, 2002, to June 30,	62834
2003, the amount of $625,232, received by the Treasurer of State	62835
under Chapter 5733. of the Revised Code, shall be credited to the	62836
Litter Control Tax Administration Fund (Fund 437).	62837

INTERNATIONAL REGISTRATION PLAN AUDIT

62838

The foregoing appropriation item 110-616, International	62839
Registration Plan, shall be used pursuant to section 5703.12 of	62840
the Revised Code for audits of persons with vehicles registered	62841
under the International Registration Plan.	62842

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	62843
EXEMPTION	62844

The foregoing appropriation item 110-901, Property Tax	62845
Allocation - Taxation, is appropriated to pay for the state's	62846
costs incurred due to the Homestead Exemption, the Manufactured	62847
Home Property Tax Rollback, and the Property Tax Rollback. The	62848
Tax Commissioner shall distribute these funds directly to the	62849
appropriate local taxing districts of the state, except for school	62850
districts, notwithstanding the provisions in sections 321.24 and	62851
323.156 of the Revised Code, which provide for payment of the	62852
Homestead Exemption, the Manufactured Home Property Tax Rollback,	62853
and Property Tax Rollback by the Tax Commissioner to the	62854
appropriate county treasurer and the subsequent redistribution of	62855
these funds to the appropriate local taxing districts by the	62856
county auditor.	62857

The foregoing appropriation item 110-906, Tangible Tax	62858
Exemption - Taxation, is appropriated to pay for the state's costs	62859
incurred due to the tangible personal property tax exemption	62860
required by division (C)(3) of section 5709.01 of the Revised	62861
Code. The Tax Commissioner shall distribute to each county	62862
treasurer the total amount certified by the county treasurer	62863
pursuant to section 319.311 of the Revised Code for all local	62864
taxing districts located in the county except for school	62865
districts, notwithstanding the provision in section 319.311 of the	62866
Revised Code which provides for payment of the $10,000 tangible	62867
personal property tax exemption by the Tax Commissioner to the	62868
appropriate county treasurer for all local taxing districts	62869
located in the county including school districts. Pursuant to	62870
division (G) of section 321.24 of the Revised Code, the county	62871
auditor shall distribute the amount paid by the Tax Commissioner	62872
among the appropriate local taxing districts except for school	62873
districts.	62874

Upon receipt of these amounts, each local taxing district	62875
shall distribute the amount among the proper funds as if it had	62876
been paid as real or tangible personal property taxes. Payments	62877
for the costs of administration shall continue to be paid to the	62878
county treasurer and county auditor as provided for in sections	62879
319.54, 321.26, and 323.156 of the Revised Code.	62880

Any sums, in addition to the amounts specifically	62881
appropriated in appropriation items 110-901, Property Tax	62882
Allocation - Taxation, for the Homestead Exemption, the	62883
Manufactured Home Property Tax Rollback, and the Property Tax	62884
Rollback payments, and 110-906, Tangible Tax Exemption, for the	62885
$10,000 tangible personal property tax exemption payments, which	62886
are determined to be necessary for these purposes, are	62887
appropriated.	62888

TAX REFUNDS

62889

The foregoing appropriation item 110-635, Tax Refunds, shall	62890
be used to pay refunds as provided in section 5703.052 of the	62891
Revised Code. If it is determined that additional appropriations	62892
are necessary, such amounts are appropriated.	62893

Section 109. DOT DEPARTMENT OF TRANSPORTATION

62894

Transportation Modes

62895

General Revenue Fund

62896

GRF	775-451	Public Transportation - State	$	24,000,000	$	24,000,000	62897
GRF	775-453	Waterfront Line Lease Payments - State	$	1,786,000	$	0	62898
GRF	775-458	Elderly and Disabled Fare Assistance	$	3,364,000	$	3,364,000	62899
GRF	776-465	Ohio Rail Development Commission	$	5,000,000	$	5,000,000	62900
GRF	776-466	Railroad Crossing and Grade Separation	$	1,000,000	$	1,000,000	62901
GRF	777-471	Airport Improvements - State	$	3,409,876	$	3,000,576	62902
GRF	777-473	Rickenbacker Lease Payments - State	$	600,000	$	600,000	62903
TOTAL GRF General Revenue Fund			$	39,159,876	$	36,964,576	62904

Federal Special Revenue Fund Group

62905

3B9	776-662	Rail Transportation - Federal	$	600,000	$	600,000	62906
TOTAL FSR Federal Special Revenue							62907
Fund Group			$	600,000	$	600,000	62908

State Special Revenue Fund Group

62909

4N4	776-663	Panhandle Lease Reserve Payments	$	770,000	$	770,000	62910
4N4	776-664	Rail Transportation - Other	$	850,720	$	1,745,000	62911
TOTAL SSR State Special Revenue							62912
Fund Group			$	1,620,720	$	2,515,000	62913
TOTAL ALL BUDGET FUND GROUPS			$	41,380,596	$	40,079,576	62914

AVIATION LEASE PAYMENTS

62915

The foregoing appropriation item 777-473, Rickenbacker Lease	62916
Payments - State, shall be used to meet scheduled payments for the	62917
Rickenbacker Port Authority. The Director of Transportation shall	62918
certify to the Director of Budget and Management any	62919
appropriations in appropriation item 777-473, Rickenbacker Lease	62920
Payments - State, that are not needed to make lease payments for	62921
the Rickenbacker Port Authority. Notwithstanding section 127.14	62922
of the Revised Code, the amount certified may be transferred by	62923
the Director of Budget and Management to appropriation item	62924
777-471, Airport Improvements - State.	62925

TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION

62926

The Director of Budget and Management may approve requests	62927
from the Department of Transportation for the transfer of	62928
appropriations between appropriation item 775-451, Public	62929
Transportation - State, and appropriation item 775-458, Elderly	62930
and Disabled Fare Assistance. Transfers between appropriation	62931
items shall be made upon the written request of the Director of	62932
Transportation and with the approval of the Director of Budget and	62933
Management. Such transfers shall be reported to the Controlling	62934
Board.	62935

RAILROAD CROSSING AND GRADE SEPARATION

62936

The foregoing appropriation item 776-466, Railroad Crossing	62937
and Grade Separation, shall be used to fund the Rail Crossing	62938
Safety Initiative, which will provide improvements to communities	62939
most affected by rail traffic and related issues.	62940

AIRPORT IMPROVEMENTS - STATE

62941

Of the foregoing appropriation item 777-471, Airport	62942
Improvements - State, $500,000 in fiscal year 2002 shall be used	62943
for the Lorain County Airport.	62944

Section 110. TOS TREASURER OF STATE

62945

General Revenue Fund

62946

GRF	090-321	Operating Expenses	$	10,510,560	$	12,717,120	62947
GRF	090-401	Office of the Sinking	$	596,736	$	614,640	62948
		Fund					62949
GRF	090-402	Continuing Education	$	460,150	$	513,600	62950
GRF	090-524	Police and Fire	$	43,000	$	40,000	62951
		Disability Pension					62952
GRF	090-534	Police & Fire Ad Hoc Cost	$	280,000	$	260,000	62953
		of Living					62954
GRF	090-544	Police and Fire State	$	1,200,000	$	1,200,000	62955
		Contribution					62956
GRF	090-554	Police and Fire Survivor	$	1,550,000	$	1,500,000	62957
		Benefits					62958
GRF	090-575	Police and Fire Death	$	23,000,000	$	24,000,000	62959
		Benefits					62960
TOTAL GRF General Revenue Fund			$	37,640,446	$	40,845,360	62961

Agency Fund Group

62962

425	090-635		Tax Refunds		$	655,000,000		$	675,000,000		62963
TOTAL Agency Fund Group					$	655,000,000		$	675,000,000		62964

General Services Fund Group

62965

182	090-608	Financial Planning	$	12,944	$	13,682	62966
		Commissions					62967
4E9	090-603	Securities Lending Income	$	3,773,177	$	970,000	62968
4NO	090-611	Treasury Education	$	27,500	$	27,500	62969
577	090-605	Investment Pool	$	662,000	$	600,000	62970
		Reimbursement					62971
605	090-609	Treasurer of State	$	760,000	$	1,270,000	62972
		Administrative Fund					62973
TOTAL GSF General Services							62974
Fund Group			$	5,235,621	$	2,881,182	62975

State Special Revenue Fund Group

62976

5C5	090-602	County Treasurer Education	$	92,000	$	88,000	62977
TOTAL SSR State Special Revenue							62978
Fund Group			$	92,000	$	88,000	62979
TOTAL ALL BUDGET FUND GROUPS			$	697,968,067	$	718,814,542	62980

Section 110.01. OFFICE OF THE SINKING FUND

62982

The foregoing appropriation item 090-401, Office of the	62983
Sinking Fund, shall be used for financing and other costs incurred	62984
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	62985
Public Facilities Commission or its secretary, or the Treasurer of	62986
State, with respect to State of Ohio general obligation bonds or	62987
notes, including, but not limited to, printing, advertising,	62988
delivery, rating fees and the procurement of ratings, professional	62989
publications, membership in professional organizations, and	62990
services referred to in division (D) of section 151.01 of the	62991
Revised Code. The General Revenue Fund shall be reimbursed for	62992
such costs by intrastate transfer voucher pursuant to a	62993
certification by the Office of the Sinking Fund of the actual	62994
amounts used. The amounts necessary to make such reimbursements	62995
are appropriated from the general obligation bond retirement funds	62996
created by the Constitution and laws to the extent such costs are	62997
incurred.	62998

Section 110.02. POLICE AND FIRE DEATH BENEFIT FUND	62999

The foregoing appropriation item 090-575, Police and Fire	63000
Death Benefits, shall be disbursed annually by the Treasurer of	63001
State at the beginning of each fiscal year to the Board of	63002
Trustees of the Ohio Police and Fire Pension Fund. By the	63003
twentieth day of June of each year, the Board of Trustees of the	63004
Ohio Police and Fire Pension Fund shall certify to the Treasurer	63005
of State the amount disbursed in the current fiscal year to make	63006
the payments required by section 742.63 of the Revised Code and	63007
shall return to the Treasurer of State moneys received from this	63008
item but not disbursed.	63009

Section 111. UST PETROLEUM UNDERGROUND STORAGE TANK	63010

RELEASE COMPENSATION BOARD

63011

State Special Revenue Fund Group

63012

691	810-632	PUSTRCB Staff	$	1,011,437	$	1,075,158	63013
TOTAL SSR State Special Revenue							63014
Fund Group			$	1,011,437	$	1,075,158	63015
TOTAL ALL BUDGET FUND GROUPS			$	1,011,437	$	1,075,158	63016

Section 112. TTA OHIO TUITION TRUST AUTHORITY	63018

State Special Revenue Fund Group

63019

645	095-601	Operating Expenses	$	4,539,200	$	4,950,700	63020
TOTAL SSR State Special Revenue							63021
Fund Group			$	4,539,200	$	4,950,700	63022
TOTAL ALL BUDGET FUND GROUPS			$	4,539,200	$	4,950,700	63023

Section 113. OVH OHIO VETERANS' HOME	63025

General Revenue Fund

63026

GRF	430-100	Personal Services	$	14,019,975	$	14,954,831	63027
GRF	430-200	Maintenance	$	5,099,666	$	5,199,159	63028
TOTAL GRF General Revenue Fund			$	19,119,641	$	20,153,990	63029

Federal Special Revenue Fund Group

63030

3L2	430-601	Federal Grants	$	9,823,259	$	10,059,342	63031
TOTAL FED Federal Special Revenue							63032
Fund Group			$	9,823,259	$	10,059,342	63033

State Special Revenue Fund Group

63034

4E2	430-602	Veterans Home Operating	$	5,288,525	$	5,583,806	63035
484	430-603	Rental and Service Revenue	$	457,060	$	509,737	63036
604	430-604	Veterans Home Improvement	$	725,699	$	670,096	63037
TOTAL SSR State Special Revenue							63038
Fund Group			$	6,471,284	$	6,763,639	63039
TOTAL ALL BUDGET FUND GROUPS			$	35,414,184	$	36,976,971	63040

Section 114. VET VETERANS' ORGANIZATIONS

63042

General Revenue Fund

63043

VAP AMERICAN EX-PRISONERS OF WAR

63044

GRF

743-501

State Support

25,030

63045

VAN ARMY AND NAVY UNION, USA, INC.

63046

GRF

746-501

State Support

55,012

63047

VKW KOREAN WAR VETERANS

63048

GRF

747-501

State Support

49,453

63049

VJW JEWISH WAR VETERANS

63050

GRF

748-501

State Support

29,715

63051

VCW CATHOLIC WAR VETERANS

63052

GRF

749-501

State Support

57,990

63053

VPH MILITARY ORDER OF THE PURPLE HEART

63054

GRF

750-501

State Support

56,377

63055

VVV VIETNAM VETERANS OF AMERICA

63056

GRF

751-501

State Support

185,954

63057

VAL AMERICAN LEGION OF OHIO

63058

GRF

752-501

State Support

252,328

63059

VII VETERANS OF WORLD WAR II-KOREA-VIETNAM

63060

GRF

753-501

State Support

237,919

63061

VAV DISABLED AMERICAN VETERANS

63062

GRF

754-501

State Support

166,308

63063

VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO

63064

GRF

755-501

State Support

4,226

63065

VMC MARINE CORPS LEAGUE

63066

GRF

756-501

State Support

85,972

63067

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

63068

GRF

757-501

State Support

5,946

63069

VFW VETERANS OF FOREIGN WARS

63070

GRF

758-501

State Support

196,615

63071

VWI VETERANS OF WORLD WAR I

63072

GRF	759-501	State Support	$	24,780	$	24,780	63073
TOTAL GRF General Revenue Fund			$	1,433,625	$	1,433,625	63074
TOTAL ALL BUDGET FUND GROUPS			$	1,433,625	$	1,433,625	63075

RELEASE OF FUNDS

63076

The foregoing appropriation items 743-501, 746-501, 747-501,	63077
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	63078
755-501, 756-501, 757-501, 758-501, and 759-501, State Support,	63079
shall be released upon approval by the Director of Budget and	63080
Management.	63081

AMERICAN EX-PRISONERS OF WAR

63082

The American Ex-Prisoners of War shall be permitted to share	63083
an office with the Veterans of World War I.	63084

CENTRAL OHIO UNITED SERVICES ORGANIZATION

63085

Of the foregoing appropriation item 751-501, State Support,	63086
Vietnam Veterans of America, $50,000 in each fiscal year shall be	63087
used to support the activities of the Central Ohio USO.	63088

VETERANS SERVICE COMMISSION EDUCATION

63089

Of the foregoing appropriation item 753-501, State Support,	63090
Veterans of World War II-Korea-Vietnam, up to $20,000 in each	63091
fiscal year may be used to provide moneys to the Association of	63092
County Veterans Service Commissioners to reimburse its member	63093
county veterans service commissions for costs incurred in carrying	63094
out educational and outreach duties required under divisions (E)	63095
and (F) of section 5901.03 of the Revised Code. Upon the	63096
presentation of an itemized statement to the Office of Veterans	63097
Affairs, the office shall direct the Auditor of State to issue a	63098
warrant upon the state treasury to the association to reimburse	63099
member commissions for reasonable and appropriate expenses	63100
incurred performing these duties. The association shall establish	63101
uniform procedures for reimbursing member commissions.	63102

Section 115. DVM STATE VETERINARY MEDICAL BOARD	63103

General Services Fund Group

63104

4K9	888-609	Operating Expenses	$	471,003	$	496,731	63105
TOTAL GSF General Services							63106
Fund Group			$	471,003	$	496,731	63107
TOTAL ALL BUDGET FUND GROUPS			$	471,003	$	496,731	63108

Section 116. DYS DEPARTMENT OF YOUTH SERVICES	63110

General Revenue Fund

63111

GRF	470-401	RECLAIM Ohio	$	160,808,723	$	164,415,944	63112
GRF	470-402	Community Program Services	$	740,907	$	839,490	63113
GRF	470-412	Lease Rental Payments	$	17,376,700	$	18,739,900	63114
GRF	470-502	Detention Subsidies	$	6,163,213	$	6,433,035	63115
GRF	470-510	Youth Services	$	18,841,205	$	21,307,671	63116
GRF	472-321	Parole Operations	$	16,680,042	$	17,246,018	63117
GRF	477-321	Administrative Operations	$	14,814,953	$	15,934,443	63118
GRF	477-406	Interagency Collaborations	$	252,450	$	261,299	63119
TOTAL GRF General Revenue Fund			$	235,678,193	$	245,177,800	63120

General Services Fund Group

63121

175	470-613	Education Reimbursement	$	8,461,407	$	8,817,598	63122
4A2	470-602	Child Support	$	450,000	$	400,000	63123
4G6	470-605	General Operational Funds	$	10,000	$	10,000	63124
479	470-609	Employee Food Service	$	143,349	$	146,933	63125
523	470-621	Wellness Program	$	192,954	$	197,778	63126
TOTAL GSF General Services							63127
Fund Group			$	9,257,710	$	9,572,309	63128

Federal Special Revenue Fund Group

63129

3V9	470-608	Federal Juvenile Programs FFY 01	$	7,828,899	$	0	63130
3W0	470-611	Federal Juvenile Programs FFY 02	$	0	$	7,828,899	63131
3V5	470-604	Juvenile Justice/Delinquency Prevention	$	5,159,202	$	5,998,092	63132
321	470-601	Education	$	1,298,156	$	1,334,122	63133
321	470-603	Juvenile Justice Prevention	$	2,973,733	$	2,973,733	63134
321	470-606	Nutrition	$	2,800,000	$	2,800,000	63135
321	470-610	Rehabilitation Programs	$	83,500	$	83,500	63136
321	470-614	Title IV-E Reimbursements	$	5,700,000	$	5,700,000	63137
321	470-617	Americorps Programs	$	407,860	$	418,444	63138
TOTAL FED Federal Special Revenue							63139
Fund Group			$	26,251,350	$	27,136,790	63140

State Special Revenue Fund Group

63141

147	470-612	Vocational Education	$	2,012,665	$	2,090,392	63142
4W3	470-618	Help Me Grow	$	10,900	$	11,587	63143
5J7	470-623	Residential Treatment Services	$	0	$	500,000	63144
TOTAL SSR State Special Revenue							63145
Fund Group			$	2,023,565	$	2,601,979	63146
TOTAL ALL BUDGET FUND GROUPS			$	273,210,818	$	284,488,878	63147

OHIO BUILDING AUTHORITY LEASE PAYMENTS

63148

The foregoing appropriation item 470-412, Lease Rental	63149
Payments, in the Department of Youth Services, shall be used for	63150
payments, limited to the aggregate amount of $36,116,600, to the	63151
Ohio Building Authority for the period from July 1, 2001, to June	63152
30, 2003, pursuant to the primary leases and agreements for	63153
facilities made under Chapter 152. of the Revised Code, which are	63154
the source of funds pledged for bond service charges on related	63155
obligations issued pursuant to Chapter 152. of the Revised Code.	63156

RECLAIM OHIO

63157

In determining the amount of moneys necessary to fund the	63158
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal	63159
years 2002 and 2003, the Department of Youth Services shall	63160
compute the number of state target youth for each fiscal year. As	63161
defined in section 5139.01 of the Revised Code, "state target	63162
youth" means twenty-five per cent of the projected total number of	63163
felony-level delinquency adjudications in the juvenile courts for	63164
each year of a biennium, factoring in revocations and	63165
recommitments. The foregoing appropriation item 470-401, RECLAIM	63166
Ohio, shall provide for an amount not less than $98 per day for	63167
each state target youth or not less than $20,000 per year for each	63168
state target youth for each year of the biennium.	63169

YOUTH SERVICES BLOCK GRANT

63170

Of the foregoing appropriation item 470-510, Youth Services,	63171
$50,000 in fiscal year 2002 shall be distributed directly to	63172
Lighthouse Youth Services.	63173

EMPLOYEE FOOD SERVICE AND EQUIPMENT

63174

Notwithstanding section 125.14 of the Revised Code, the	63175
foregoing appropriation item 470-609, Employee Food Service, may	63176
be used to purchase any food operational items with funds received	63177
into the fund from reimbursement for state surplus property.	63178

EDUCATION REIMBURSEMENT

63179

The foregoing appropriation item 470-613, Education	63180
Reimbursement, shall be used to fund the operating expenses of	63181
providing educational services to youth supervised by the	63182
Department of Youth Services. Operating expenses include, but are	63183
not limited to, teachers' salaries, maintenance costs, and	63184
educational equipment. This appropriation item shall not be used	63185
for capital expenses.	63186

FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES

63187

Pursuant to section 5139.281 of the Revised Code, funding	63188
provided to a county for the operation and maintenance of each	63189
home shall be in an amount of fifty per cent of the approved	63190
annual operating cost, but shall not be in excess of $156,928 in	63191
each fiscal year.	63192

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	63193
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	63194

On July 1, 2001, responsibility for a federal juvenile	63195
justice program is transferred from the Office of Criminal	63196
Justice Services to the Department of Youth Services. The	63197
Department of Youth Services thereupon and thereafter is successor	63198
to, assumes the obligations of, and otherwise provides for the	63199
continuation of a federal juvenile justice program.	63200

Any business relating to a federal juvenile justice program	63201
commenced but not completed by the Office of Criminal Justice	63202
Services or its director prior to July 1, 2001, shall be	63203
completed by the Department of Youth Services or its director in	63204
the same manner, and with the same effect, as if completed by the	63205
Office of Criminal Justice Services or its director.	63206
Notwithstanding the prior provisions of this section, the Office	63207
of Criminal Justice Services shall maintain responsibility for	63208
closing out all grants received by the Office of Criminal Justice	63209
Services prior to July 1, 2001, under the federal juvenile justice	63210
program. In accordance with an appropriation made to the Office	63211
of Criminal Justice Services, the Office of Criminal Justice	63212
Services may make expenditures from those grants and take all	63213
other appropriate actions related to those grants. The Office of	63214
Criminal Justice Services is responsible for any reporting	63215
responsibilities associated with those grants.	63216

No validation, cure, right, privilege, remedy, obligation,	63217
or liability is lost or impaired by reason of the transfer. All	63218
of the Office of Criminal Justice Services' rules, orders, and	63219
determinations continue in effect as rules, orders, and	63220
determinations of the Department of Youth Services, until modified	63221
or rescinded by the Department of Youth Services. If necessary to	63222
ensure the integrity of the numbering of the Administrative Code,	63223
the Director of the Legislative Service Commission shall renumber	63224
the Office of Criminal Justice Services' rules for a federal	63225
juvenile justice program to reflect the transfer of the program to	63226
the Department of Youth Services.	63227

The employees of the Office of Criminal Justice Services	63228
assigned to work with a federal juvenile justice program are	63229
transferred to the Department of Youth Services and shall retain	63230
their positions and all the benefits accruing thereto.	63231

No action or proceeding pending on July 1, 2001, is affected	63232
by the transfer, and any action or proceeding pending on July 1,	63233
2001, shall be prosecuted or defended in the name of the	63234
Department of Youth Services or its director. In all such actions	63235
and proceedings, the Department of Youth Services or its director	63236
upon application to the court shall be substituted as a party.	63237

Section 117. EXPENDITURES AND APPROPRIATION INCREASES	63238
APPROVED BY THE CONTROLLING BOARD	63239

Any money that the Controlling Board approves for expenditure	63240
or any increase in appropriation authority that the Controlling	63241
Board approves pursuant to the provisions of sections 127.14,	63242
131.35, and 131.39 of the Revised Code or any other provision of	63243
law is appropriated for the period ending June 30, 2003.	63244

Section 118. PERSONAL SERVICE EXPENSES	63245

Unless otherwise prohibited by law, any appropriation from	63246
which personal service expenses are paid shall bear the employer's	63247
share of public employees' retirement, workers' compensation,	63248
disabled workers' relief, and all group insurance programs; the	63249
costs of centralized accounting, centralized payroll processing,	63250
and related personnel reports and services; the cost of the Office	63251
of Collective Bargaining; the cost of the Personnel Board of	63252
Review; the cost of the Employee Assistance Program; the cost of	63253
the Equal Opportunity Center; the costs of interagency information	63254
management infrastructure; and the cost of administering the state	63255
employee merit system as required by section 124.07 of the Revised	63256
Code. These costs shall be determined in conformity with	63257
appropriate sections of law and paid in accordance with procedures	63258
specified by the Office of Budget and Management. Expenditures	63259
from appropriation item 070-601, Public Audit Expense - Local	63260
Government, in Fund 422 may be exempted from the requirements of	63261
this section.	63262

Section 119. REISSUANCE OF VOIDED WARRANTS	63263

In order to provide funds for the reissuance of voided	63264
warrants pursuant to section 117.47 of the Revised Code, there is	63265
appropriated, out of moneys in the state treasury from the fund	63266
credited as provided in section 117.47 of the Revised Code, that	63267
amount sufficient to pay such warrants when approved by the Office	63268
of Budget and Management.	63269

Section 120. * CAPITAL PROJECT SETTLEMENTS

63270

This section specifies an additional and supplemental	63271
procedure to provide for payments of judgments and settlements if	63272
the Director of Budget and Management determines, pursuant to	63273
division (C)(4) of section 2743.19 of the Revised Code, that	63274
sufficient unencumbered moneys do not exist in the particular	63275
appropriation to pay the amount of a final judgment rendered	63276
against the state or a state agency, including the settlement of a	63277
claim approved by a court, in an action upon and arising out of a	63278
contractual obligation for the construction or improvement of a	63279
capital facility if the costs under the contract were payable in	63280
whole or in part from a state capital projects appropriation. In	63281
such a case, the director may either proceed pursuant to division	63282
(C)(4) of section 2743.19 of the Revised Code, or apply to the	63283
Controlling Board to increase an appropriation or create an	63284
appropriation out of any unencumbered moneys in the state treasury	63285
to the credit of the capital projects fund from which the initial	63286
state appropriation was made. The Controlling Board may approve	63287
or disapprove the application as submitted or modified. The	63288
amount of an increase in appropriation or new appropriation	63289
specified in an application approved by the Controlling Board is	63290
hereby appropriated from the applicable capital projects fund and	63291
made available for the payment of the judgment or settlement.	63292

If the director does not make the application authorized by	63293
this section or the Controlling Board disapproves the application,	63294
and the director does not make application pursuant to division	63295
(C)(4) of section 2743.19 of the Revised Code, the director shall	63296
for the purpose of making that payment request to the General	63297
Assembly as provided for in division (C)(5) of that section.	63298

Section 121. INCOME TAX DISTRIBUTION TO COUNTIES	63299

There are hereby appropriated out of any moneys in the state	63300
treasury to the credit of the General Revenue Fund, which are not	63301
otherwise appropriated, funds sufficient to make any payment	63302
required by division (B)(2) of section 5747.03 of the Revised	63303
Code.	63304

Section 122. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	63305
AGAINST THE STATE	63306

Any appropriation may be used for the purpose of satisfying	63307
judgments or settlements in connection with civil actions against	63308
the state in federal court not barred by sovereign immunity or the	63309
Eleventh Amendment to the Constitution of the United States, or	63310
for the purpose of satisfying judgments, settlements, or	63311
administrative awards ordered or approved by the Court of Claims	63312
in connection with civil actions against the state, pursuant to	63313
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	63314
authorization does not apply to appropriations to be applied to or	63315
used for payment of guarantees by or on behalf of the state, for	63316
or relating to lease payments or debt service on bonds, notes, or	63317
similar obligations and those from the Sports Facilities Building	63318
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	63319
Administrative Building Fund (Fund 026), the Adult Correctional	63320
Building Fund (Fund 027), the Juvenile Correctional Building Fund	63321
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	63322
Facilities Building Fund (Fund 030), the Natural Resources	63323
Projects Fund (Fund 031), the School Building Program Assistance	63324
Fund (Fund 032), the Mental Health Facilities Improvement Fund	63325
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	63326
Parks and Recreation Improvement Fund (Fund 035), the State	63327
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	63328
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	63329
other fund into which proceeds of obligations are deposited.	63330
Nothing contained in this section is intended to subject the state	63331
to suit in any forum in which it is not otherwise subject to suit,	63332
nor is it intended to waive or compromise any defense or right	63333
available to the state in any suit against it.	63334

Section 123. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

63335

The maximum amounts that may be assessed against nuclear	63336
electric utilities in accordance with division (B)(2) of section	63337
4937.05 of the Revised Code are as follows:	63338

		FY 2002	FY 2003	63339
Department of Agriculture				63340
	Fund 4E4 Utility Radiological Safety	$69,016	$73,059	63341
Department of Health				63342
	Fund 610 Radiation Emergency Response	$870,505	$923,315	63343
Environmental Protection Agency				63344
	Fund 644 ER Radiological Safety	$242,446	$255,947	63345
Emergency Management Agency				63346
	Fund 657 Utility Radiological Safety	$874,602	$927,241	63347

Section 124. UNCLAIMED FUNDS TRANSER

63348

Notwithstanding division (A) of section 169.05 of the Revised	63349
Code, prior to June 30, 2003, upon the request of the Director of	63350
Budget and Management, the Director of Commerce shall transfer to	63351
the General Revenue Fund up to $30,000,000 of the unclaimed funds	63352
that have been reported by the holder of unclaimed funds as	63353
provided by section 169.05 of the Revised Code, irrespective of	63354
the allocation of the unclaimed funds under that section.	63355

Section 125. GRF TRANSER TO FUND 5N4, ERP PROJECT	63356
IMPLEMENTATION	63357

On July 1, 2001, or as soon thereafter as possible, the	63358
Director of Budget and Management shall transfer $2,432,110 in	63359
cash from the General Revenue Fund to Fund 5N4, ERP Project	63360
Implementation. On July 1, 2002, or as soon thereafter as	63361
possible, the Director of Budget and Management shall transfer	63362
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP	63363
Project Implementation.	63364

Section 126. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

63365

No later than the first day of June in each year of the	63366
biennium, the Director of Budget and Management shall transfer	63367
$1,000,000 from the Corporate and Uniform Commercial Code Filing	63368
Fund to the General Revenue Fund.	63369

Section 127. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

63370

Certain appropriations are in this act for the purpose of	63371
paying debt service and financing costs on general obligation	63372
bonds or notes of the state issued pursuant to the Ohio	63373
Constitution and acts of the General Assembly. If it is	63374
determined that additional appropriations are necessary for this	63375
purpose, such amounts are appropriated.	63376

Section 128. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	63377
STATE	63378

Certain appropriations are in this act for the purpose of	63379
making lease payments pursuant to leases and agreements relating	63380
to bonds or notes issued by the Ohio Building Authority or the	63381
Treasurer of State or, previously, by the Ohio Public Facilities	63382
Commission, pursuant to the Ohio Constitution and acts of the	63383
General Assembly. If it is determined that additional	63384
appropriations are necessary for this purpose, such amounts are	63385
appropriated.	63386

Section 129. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	63387
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	63388

The Office of Budget and Management shall initiate and	63389
process disbursements from lease rental payment appropriation	63390
items during the period from July 1, 2001, to June 30, 2003,	63391
pursuant to leases and agreements relating to bonds or notes	63392
issued under Section 2i of Article VIII, Ohio Constitution, and	63393
Chapters 154. and 3318. of the Revised Code. Disbursements shall	63394
be made upon certification by the Treasurer of State of the dates	63395
and amounts due on those dates.	63396

Section 130. STATE AND LOCAL REBATE AUTHORIZATION

63397

There is hereby appropriated, from those funds designated by	63398
or pursuant to the applicable proceedings authorizing the issuance	63399
of state obligations, amounts computed at the time to represent	63400
the portion of investment income to be rebated or amounts in lieu	63401
of or in addition to any rebate amount to be paid to the federal	63402
government in order to maintain the exclusion from gross income	63403
for federal income tax purposes of interest on those state	63404
obligations pursuant to section 148(f) of the Internal Revenue	63405
Code.	63406

Rebate payments shall be approved and vouchered by the Office	63407
of Budget and Management.	63408

Section 131. TRANSFERS FROM SPECIFIED FUNDS

63409

Notwithstanding any other provision of law to the contrary,	63410
the Commissioners of the Sinking Fund shall transfer the balance	63411
remaining after provision for payment of all outstanding bonds or	63412
notes, coupons, and charges, from the Improvement Bond Retirement	63413
Fund, the Public Improvement Bond Retirement Fund, and the	63414
Development Bond Retirement Fund, to the General Revenue Fund as	63415
expeditiously as possible upon this act taking effect.	63416

Notwithstanding any other provision of law to the contrary,	63417
the Commissioners of the Sinking Fund shall transfer the balance	63418
remaining after provision for payment of all outstanding bonds or	63419
notes, coupons, and charges, from the Highway Improvement Bond	63420
Retirement Fund, to the Highway Operating Fund as expeditiously as	63421
possible upon taking effect of this act.	63422

Section 132. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	63423
REESTABLISHMENT OF ENCUMBRANCES	63424

Any cash transferred by the Director of Budget and Management	63425
as provided by section 126.15 of the Revised Code is appropriated.	63426
Any amounts necessary to reestablish appropriations or	63427
encumbrances as provided in section 126.15 of the Revised Code are	63428
appropriated.	63429

Section 133. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

63430

Pursuant to the plan for compliance with the Federal Cash	63431
Management Improvement Act required by section 131.36 of the	63432
Revised Code, the Director of Budget and Management is authorized	63433
to cancel and reestablish all or parts of encumbrances in like	63434
amounts within the funds identified by the plan. The amounts	63435
necessary to reestablish all or parts of encumbrances are	63436
appropriated.	63437

Section 134. STATEWIDE INDIRECT COST RECOVERY	63438

Whenever the Director of Budget and Management determines	63439
that an appropriation made to a state agency from a fund of the	63440
state is insufficient to provide for the recovery of statewide	63441
indirect costs pursuant to section 126.12 of the Revised Code, the	63442
amount required for such purpose is appropriated from the	63443
available receipts of such fund.	63444

Section 135. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	63445
INDIRECT COST ALLOCATION PLAN	63446

The total transfers made from the General Revenue Fund by the	63447
Director of Budget and Management pursuant to this section shall	63448
not exceed the amounts transferred into the General Revenue Fund	63449
pursuant to division (B) of section 126.12 of the Revised Code.	63450

A director of an agency may certify to the Director of Budget	63451
and Management the amount of expenses not allowed to be included	63452
in the Statewide Indirect Cost Allocation plan pursuant to federal	63453
regulations, from any fund included in the Statewide Indirect Cost	63454
Allocation plan, prepared as required by section 126.12 of the	63455
Revised Code.	63456

Upon determining that no alternative source of funding is	63457
available to pay for such expenses, the Director of Budget and	63458
Management may transfer from the General Revenue Fund into the	63459
fund for which the certification is made, up to the amount of the	63460
certification. The director of the agency receiving such funds	63461
shall include, as part of the next budget submission prepared	63462
pursuant to section 126.02 of the Revised Code, a request for	63463
funding for such activities from an alternative source such that	63464
further federal disallowances would not be required.	63465

Section 136. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	63466
BALANCES OF OPERATING APPROPRIATIONS	63467

An unexpended balance of an operating appropriation or	63468
reappropriation that a state agency lawfully encumbered prior to	63469
the close of a fiscal year is reappropriated on the first day of	63470
July of the following fiscal year from the fund from which it was	63471
originally appropriated or reappropriated for the following period	63472
and shall remain available only for the purpose of discharging the	63473
encumbrance:	63474

(A) For an encumbrance for personal services, maintenance,	63475
equipment, or items for resale, other than an encumbrance for an	63476
item of special order manufacture not available on term contract	63477
or in the open market or for reclamation of land or oil and gas	63478
wells for a period of not more than five months from the end of	63479
the fiscal year;	63480

(B) For an encumbrance for an item of special order	63481
manufacture not available on term contract or in the open market,	63482
for a period of not more than five months from the end of the	63483
fiscal year or, with the written approval of the Director of	63484
Budget and Management, for a period of not more than twelve months	63485
from the end of the fiscal year;	63486

(C) For an encumbrance for reclamation of land or oil and	63487
gas wells, for a period ending when the encumbered appropriation	63488
is expended or for a period of two years, whichever is less;	63489

(D) For an encumbrance for any other expense, for such	63490
period as the director approves, provided such period does not	63491
exceed two years.	63492

Any operating appropriations for which unexpended balances	63493
are reappropriated beyond a five-month period from the end of the	63494
fiscal year, pursuant to division (B) of this section, shall be	63495
reported to the Controlling Board by the Director of Budget and	63496
Management by the thirty-first day of December of each year. The	63497
report on each such item shall include the item, the cost of the	63498
item, and the name of the vendor. This report to the board shall	63499
be updated on a quarterly basis for encumbrances remaining open.	63500

Upon the expiration of the reappropriation period set out in	63501
divisions (A), (B), (C), or (D) of this section, a reappropriation	63502
made pursuant to this section lapses, and the Director of Budget	63503
and Management shall cancel the encumbrance of the unexpended	63504
reappropriation no later than the end of the weekend following the	63505
expiration of the reappropriation period.	63506

Notwithstanding the preceding paragraph, with the approval of	63507
the Director of Budget and Management, an unexpended balance of an	63508
encumbrance that was reappropriated on the first day of July	63509
pursuant to this section for a period specified in division (C) or	63510
(D) of this section and that remains encumbered at the close of	63511
the fiscal biennium is hereby reappropriated pursuant to this	63512
section on the first day of July of the following fiscal biennium	63513
from the fund from which it was originally appropriated or	63514
reappropriated for the applicable period specified in division (C)	63515
or (D) of this section and shall remain available only for the	63516
purpose of discharging the encumbrance.	63517

If the Controlling Board approved a purchase, that approval	63518
remains in effect as long as the appropriation used to make that	63519
purchase remains encumbered.	63520

Section 137. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

63521

Notwithstanding any provision of law to the contrary, on or	63522
before the first day of September of each fiscal year, the	63523
Director of Budget and Management, in order to reduce the payment	63524
of adjustments to the federal government, as determined by the	63525
plan prepared pursuant to division (A) of section 126.12 of the	63526
Revised Code, may designate such funds as the director considers	63527
necessary to retain their own interest earnings.	63528

Section 138. FAMILY SERVICES STABILIZATION FUND

63529

During fiscal year 2002 the Director of Budget and Management	63530
may transfer up to $100 million in cash from the Family Services	63531
Stabilization Fund to the General Revenue Fund.	63532

Section 139. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT	63533
DISTRIBUTIONS	63534

(A) On or before the third day of each month of the period	63535
July 2001 through May 2002, the Tax Commissioner shall determine	63536
the amounts credited under sections 5727.45, 5733.12, 5739.21,	63537
5741.03, and 5747.03 of the Revised Code, respectively, to the	63538
Local Government Fund, to the Library and Local Government Support	63539
Fund, and to the Local Government Revenue Assistance Fund in the	63540
twelfth preceding month. On or before June 3, 2002, the Tax	63541
Commissioner shall determine the amounts credited under sections	63542
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised	63543
Code, respectively, to the Local Government Fund, to the Library	63544
and Local Government Support Fund, and to the Local Government	63545
Revenue Assistance Fund in June 2000. For purposes of this	63546
section, any amount transferred during the period January 1, 2001,	63547
through June 30, 2001 to the Local Government Fund, to the Local	63548
Government Revenue Assistance Fund, or to the Library and Local	63549
Government Support Fund under section 131.44 of the Revised Code	63550
shall be considered to be an amount credited to that respective	63551
fund under section 5747.03 of the Revised Code.	63552

Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03,	63553
and 5747.03 of the Revised Code to the contrary, for each month in	63554
the period July 1, 2001, through June 30, 2003, from the public	63555
utility excise, corporate franchise, sales, use, and personal	63556
income taxes collected:	63557

(1) An amount shall first be credited to the Local Government	63558
Fund that equals the amount credited to that fund from that tax	63559
according to the schedule in division (B) of this section.	63560

(2) An amount shall next be credited to the Local Government	63561
Revenue Assistance Fund that equals the amount credited to that	63562
fund from that tax according to the schedule in division (B) of	63563
this section.	63564

(3) An amount shall next be credited to the Library and Local	63565
Government Support Fund that equals the amount credited to that	63566
fund from that tax according to the schedule in division (B) of	63567
this section.	63568

(B) The amounts shall be credited from each tax to each	63569
respective fund as follows:	63570

(1) In July 2001 and July 2002, the amounts credited in July	63571
2000;	63572

(2) In August 2001 and August 2002, the amounts credited in	63573
August 2000;	63574

(3) In September 2001 and September 2002, the amounts	63575
credited in September 2000;	63576

(4) In October 2001 and October 2002, the amounts credited in	63577
October 2000;	63578

(5) In November 2001 and November 2002, the amounts credited	63579
in November 2000;	63580

(6) In December 2001 and December 2002, the amounts credited	63581
in December 2000;	63582

(7) In January 2002 and January 2003, the amounts credited	63583
in January 2001;	63584

(8) In February 2002 and February 2003, the amounts credited	63585
in February 2001;	63586

(9) In March 2002 and March 2003, the amounts credited in	63587
March 2001;	63588

(10) In April 2002 and April 2003, the amounts credited in	63589
April 2001;	63590

(11) In May 2002 and May 2003, the amounts credited in May	63591
2001;	63592

(12) In June 2002 and June 2003, the amounts credited in June	63593
2000.	63594

(C) Notwithstanding section 5727.84 of the Revised Code to	63595
the contrary, for the period July 1, 2001, through June 30, 2003,	63596
no amounts shall be credited to the Local Government Fund or to	63597
the Local Government Revenue Assistance Fund from the kilowatt	63598
hour tax, and such amounts that would have otherwise been required	63599
to be credited to such funds shall instead be credited to the	63600
General Revenue Fund. Notwithstanding section 131.44 of the	63601
Revised Code to the contrary, for the period July 1, 2001, through	63602
June 30, 2003, no amounts shall be transferred to the Local	63603
Government Fund, the Local Government Revenue Assistance Fund, or	63604
the Library and Local Government Support Fund from the Income Tax	63605
Reduction Fund, and such amounts that would have otherwise been	63606
transferred to such funds from the Income Tax Reduction Fund shall	63607
instead be transferred to the General Revenue Fund.	63608

Notwithstanding any other provision of law to the contrary,	63609
the Tax Commissioner shall compute separate adjustments to the	63610
amounts credited from the public utility excise, corporate	63611
franchise, sales, use, and personal income taxes to the Local	63612
Government Fund, the Local Government Revenue Assistance Fund, and	63613
the Library and Local Government Support Fund during July 2001.	63614
The adjustments shall equal the amount credited to each respective	63615
fund from each respective tax during June 2000 minus the amount	63616
credited to that fund from that tax during June 2001. If an	63617
adjustment is a positive amount, during July 2001, such amount	63618
shall be credited to the Local Government Fund, the Local	63619
Government Revenue Assistance Fund, or the Library and Local	63620
Government Support Fund, as appropriate, and shall be deducted	63621
from the General Revenue Fund. If an adjustment is a negative	63622
amount, during July 2001, such amount shall be deducted from the	63623
Local Government Fund, the Local Government Revenue Assistance	63624
Fund, or the Library and Local Government Support Fund, as	63625
appropriate, and shall be credited to the General Revenue Fund.	63626
Any amount remaining in the Local Government Fund, the Local	63627
Government Revenue Assistance Fund, or the Library and Local	63628
Government Support Fund after the distributions from such funds	63629
are made to local governments in August 2001, shall be certified	63630
by the Tax Commissioner to the Director of Budget and Management	63631
by August 15, 2001, and the Director of Budget and Management	63632
shall transfer such amount from each respective fund to the	63633
General Revenue Fund by August 31, 2001.	63634

For purposes of this section, "pro rata share" means the	63635
percentage calculated for each county and used in each month of	63636
the period July 2000 through June 2001 to distribute the amounts	63637
credited to the Library and Local Government Support Fund in	63638
accordance with section 5747.47 of the Revised Code.	63639

Notwithstanding any other provision of law to the contrary,	63640
in July 2001, each county undivided library and local government	63641
support fund shall receive from the Library and Local Government	63642
Support Fund an amount equal to the amount it would have received	63643
pursuant to section 5747.47 of the Revised Code for that month,	63644
minus its pro rata share of any amount that has been or shall be	63645
transferred from the Library and Local Government Support Fund to	63646
the OPLIN Technology Fund in that month. In August 2001, each	63647
county undivided library and local government support fund shall	63648
receive from the Library and Local Government Support Fund an	63649
amount equal to the amount it received from that fund in July 2000	63650
and August 2000 minus the amount it received from that fund in	63651
July 2001 and minus its pro rata share of any amount transferred	63652
from that fund to the OPLIN Technology Fund in July 2001 or August	63653
2001. In August 2001, each county undivided local government fund	63654
shall receive from the Local Government Fund, each municipality	63655
that receives a distribution directly from the Local Government	63656
Fund shall receive from that fund, and each county undivided local	63657
government revenue assistance fund shall receive from the Local	63658
Government Revenue Assistance Fund an amount equal to the amount	63659
it received from that respective fund in July 2000 and August 2000	63660
minus the amount it received from that respective fund in July	63661
2001. In each month of the periods September 1, 2001, through June	63662
30, 2002, and September 1, 2002, through June 30, 2003, each	63663
county undivided local government fund shall receive from the	63664
Local Government Fund, each municipality that receives a	63665
distribution directly from the Local Government Fund shall receive	63666
from that fund, each county undivided local government revenue	63667
assistance fund shall receive from the Local Government Revenue	63668
Assistance Fund, and each county undivided library and local	63669
government support fund shall receive from the Library and Local	63670
Government Support Fund, the same amount it received from that	63671
respective fund in the corresponding month of the period September	63672
1, 2000, through June 2001. In each month of the period July 1,	63673
2002, through August 31, 2002, and in the month of July 2003, each	63674
county undivided local government fund shall receive from the	63675
Local Government Fund, each municipality that receives a	63676
distribution directly from the Local Government Fund shall receive	63677
from that fund, each county undivided local government revenue	63678
assistance fund shall receive from the Local Government Revenue	63679
Assistance Fund, and each county undivided library and local	63680
government support fund shall receive from the Library and Local	63681
Government Support Fund, the same amount it received from that	63682
respective fund in the corresponding month of the period July 1,	63683
2000, through August 31, 2000. If during any month of the period	63684
September 1, 2001, through July 31, 2003, a transfer is made from	63685
the Library and Local Government Support Fund to the OPLIN	63686
Technology Fund, the amount distributed to each county undivided	63687
library and local government support fund shall be reduced by its	63688
pro rata share of the amount transferred.	63689

During the period July 1, 2001, through July 31, 2003, the	63690
Director of Budget and Management shall issue those directives to	63691
state agencies that are necessary to ensure that the appropriate	63692
amounts are distributed to the Local Government Fund, to the Local	63693
Government Revenue Assistance Fund, and to the Library and Local	63694
Government Support Fund to accomplish the purposes of this	63695
section.	63696

Section 140. BUDGET STABILIZATION FUND TRANSFERS FOR THE	63697
DEPARTMENT OF JOB AND FAMILY SERVICES	63698

Notwithstanding section 131.43 and division (D) of section	63699
127.14 of the Revised Code, if the Director of Budget and	63700
Management, in consultation with the Director of Job and Family	63701
Services, determines that Medicaid expenditures for the biennium	63702
are likely to exceed the amounts appropriated in the Department of	63703
Job and Family Services appropriation item 600-525, Health	63704
Care/Medicaid, the Director of Budget and Management may, with	63705
Controlling Board approval, tranfer up to $150 million in cash	63706
from the Budget Stabilization Fund to the General Revenue Fund and	63707
increase the appropriation to appropriation item 600-525, Health	63708
Care/Medicaid, accordingly. In increasing the appropriation to	63709
appropriation item 600-525, Health Care/Medicaid, the Director of	63710
Budget and Management shall add to the amount transferred from the	63711
Budget Stabilization Fund appropriation amounts that are	63712
attributable to the federal match that is indicated by the state	63713
and federal division of appropriation item 600-525, Health	63714
Care/Medicaid, as represented in this act. Before any transfers	63715
are authorized, the Director of Budget and Management shall	63716
exhaust the possibilities for transfers of moneys within the	63717
Department of Job and Family Services to meet the identified	63718
shortfall.	63719

Section 141. BUDGET STABILIZATION FUND TRANSFERS TO THE	63720
EMERGENCY PURPOSES FUND	63721

Notwithstanding section 131.43 of the Revised Code and	63722
division (D) of section 127.14 of the Revised Code, the Director	63723
of Budget and Management may, with Controlling Board approval,	63724
transfer up to $5 million, in each of fiscal years 2002 and 2003,	63725
from the Budget Stabilization Fund to the Emergency Purposes Fund	63726
of the Controlling Board, which is hereby created in the state	63727
treasury, and establish the necessary appropriation authority. The	63728
Controlling Board may, at the request of any state agency or the	63729
Director of Budget and Management, transfer all or part of the	63730
moneys in the fund for the purpose of providing disaster and	63731
emergency situation aid to state agencies and political	63732
subdivisions in the event of disasters and emergency situations.	63733

Section 142. TRANSFERS TO THE GENERAL REVENUE FUND

63734

Notwithstanding any other provision of law to the contrary,	63735
during fiscal years 2002 and 2003, the Director of Budget and	63736
Management is hereby authorized to transfer cash from non-federal,	63737
non-General Revenue Fund funds that are not constitutionally	63738
restricted to the General Revenue Fund. The total amount of cash	63739
transfers made pursuant to this section to the General Revenue	63740
Fund during fiscal years 2002 and 2003 shall not exceed $30	63741
million.	63742

Section 143. That Section 5 of Am. Sub. S.B. 50 of the 121st	63743
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	63744
the 123rd General Assembly, be amended to read as follows:	63745

" Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	63746
General Assembly shall take effect ~~July 1, 2001~~ October 16, 2003."	63747

Section 144. That existing Section 5 of Am. Sub. S.B. 50 of	63748
the 121st General Assembly, as most recently amended by Am. Sub.	63749
H.B. 283 of the 123rd General Assembly, is hereby repealed.	63750

Section 145. That Section 153 of Am. Sub. H.B. 117 of the	63751
121st General Assembly, as most recently amended by Am. Sub. H.B.	63752
283 of the 123rd General Assembly, be amended to read as follows:	63753

" Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04,	63754
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,	63755
5112.18, 5112.19, 5112.21, and 5112.99 of the Revised Code are	63756
hereby repealed, effective ~~July 1~~ October 16, ~~2001~~ 2003.	63757

(B) Any money remaining in the Legislative Budget Services	63758
Fund on ~~July 1~~ October 16, ~~2001~~ 2003, the date that section	63759
5112.19 of the Revised Code is repealed by division (A) of this	63760
section, shall be used solely for the purposes stated in then	63761
former section 5112.19 of the Revised Code. When all money in the	63762
Legislative Budget Services Fund has been spent after then former	63763
section 5112.19 of the Revised Code is repealed under division (A)	63764
of this section, the fund shall cease to exist."	63765

Section 146. That existing Section 153 of Am. Sub. H.B. 117	63766
of the 121st General Assembly, as most recently amended by Am.	63767
Sub. H.B. 283 of the 123rd General Assembly, is hereby repealed.	63768

Section 147. That Section 3 of Am. Sub. H.B. 440 of the 121st	63769
General Assembly, as most recently amended by Sub. S.B. 245 of the	63770
123rd General Assembly, be amended to read as follows:	63771

" Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 122.27	63772
of the Revised Code are hereby repealed, effective July 1, ~~2001~~	63773
2003."	63774

Section 148. That existing Section 3 of Am. Sub. H.B. 440 of	63775
the 121st General Assembly, as most recently amended by Sub. S.B.	63776
245 of the 123rd General Assembly, is hereby repealed.	63777

Section 149. That Section 3 of Am. Sub. H.B. 215 of the	63778
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	63779
123rd General Assembly, be amended to read as follows:	63780

" Sec. 3. Section 1751.68 of the Revised Code is hereby	63781
repealed, effective ~~July 1, 2001~~ October 16, 2003."	63782

Section 150. That existing Section 3 of Am. Sub. H.B. 215 of	63783
the 122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	63784
123rd General Assembly, is hereby repealed.	63785

Section 151. That Section 3 of Am. Sub. H.B. 621 of the 122nd	63786
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	63787
the 123rd General Assembly, be amended to read as follows:	63788

" Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and	63789
901.83 of the Revised Code are hereby repealed, effective July 1,	63790
~~2001~~ 2003."	63791

Section 152. That existing Section 3 of Am. Sub. H.B. 621 of	63792
the 122nd General Assembly, as most recently amended by Am. Sub.	63793
H.B. 283 of the 123rd General Assembly, is hereby repealed.	63794

Section 153. That Section 9 of Am. Sub. S.B. 192 of the 123rd	63795
General Assembly be amended to read as follows:	63796

" Sec. 9. All items set forth in this section are hereby	63797
appropriated out of any moneys in the state treasury to the credit	63798
of the Law Enforcement Improvements Trust Fund (Fund J87) that are	63799
not otherwise appropriated.	63800

Appropriations

AGO ATTORNEY GENERAL

63801

CAP-716	Lab and Training Facility Improvements	$	~~2,000,000~~	63802
	5,200,000	63803
TOTAL Attorney General		$	~~2,000,000~~	63804
	5,200,000	63805
TOTAL Law Enforcement Improvements Trust Fund		$	~~2,000,000~~	63806
	5,200,000"	63807

Section 154. That existing Section 9 of Am. Sub. S.B. 192 of	63809
the 123rd General Assembly is hereby repealed.	63810

Section 155. That Section 18 of Am. Sub. S.B. 192 of the	63811
123rd General Assembly, as amended by Sub. S.B. 346 of the 123rd	63812
General Assembly, be amended to read as follows:	63813

" Sec. 18. (A) The Tobacco Oversight Accountability Panel is	63814
hereby created. The committee shall consist of the Director of	63815
Budget and Management or the Director's designee, three members of	63816
the House of Representatives appointed by the Speaker of the House	63817
of Representatives, no more than two of whom shall belong to the	63818
same political party as the Speaker, and three members of the	63819
Senate appointed by the President of the Senate, no more than two	63820
of whom shall belong to the same political party as the President.	63821

(B) The Panel shall develop appropriate achievement	63822
benchmarks for each of the following:	63823

(1) The Tobacco Use Prevention and Cessation Trust Fund;

63824

(2) The Law Enforcement Improvements Trust Fund;

63825

(3) The Southern Ohio Agricultural and Community Development	63826
Trust Fund;	63827

(4) Ohio's Public Health Priorities Trust Fund;

63828

(5) The Biomedical Research and Technology Transfer Trust	63829
Fund;	63830

(6) The Education Facilities Trust Fund;

63831

(7) The Education Technology Trust Fund.

63832

(C) On or before ~~July 1~~ December 31, 2001, the Panel shall	63833
submit a report describing the achievement benchmarks developed	63834
under division (B) of this section to the Governor, the General	63835
Assembly, and the chairpersons and ranking minority members of the	63836
finance committees of the Senate and House of Representatives.	63837
Upon submitting the report, the panel shall cease to exist."	63838

Section 156. That existing Section 18 of Am. Sub. S.B. 192	63839
of the 123rd General Assembly, as amended by Sub. S.B. 346 of the	63840
123rd General Assembly, is hereby repealed.	63841

Section 157. That Section 4 of Am. S.B. 210 of the 123rd	63842
General Assembly be amended to read as follows:	63843

" Sec. 4. (A) There is hereby created the Civil Service	63844
Review Commission. The Commission shall consist of the following	63845
members:	63846

(1) Three members of the Senate appointed by the President	63847
of the Senate, with at least one member from the minority party;	63848

(2) Three members of the House of Representatives appointed	63849
by the Speaker of the House of Representatives, with at least one	63850
member from the minority party;	63851

(3) Nine members appointed by the Governor, of whom one	63852
shall be the Director of Administrative Services or the Director's	63853
designee, one shall be from a union representing the largest	63854
number of state employees, one shall be from a union representing	63855
the largest number of local government employees, two shall be	63856
recommended by a statewide organization representing counties, two	63857
shall be recommended by a statewide organization representing	63858
municipal corporations, and two shall represent the public.	63859

All appointments shall be made not later than one month after	63860
~~the effective date of this section~~ September 22, 2000. The	63861
Commission shall be co-chaired by a member of the House of	63862
Representatives designated by the Speaker of the House of	63863
Representatives and a member of the Senate designated by the	63864
President of the Senate. The co-chairs shall alternate chairing	63865
meetings of the Commission by agreement of the co-chairs.	63866

(B) The Commission shall review civil service laws and	63867
practice under those laws in Ohio. In conducting the review, the	63868
Commission shall conduct a comprehensive analysis of Ohio's civil	63869
service laws as set forth in the Revised Code and associated	63870
rules, including an analysis of how the laws and any associated	63871
rules are applied in practice by public entities across Ohio.	63872
Additionally, the Commission may review decisions of the Personnel	63873
Board of Review created in section 124.05 of the Revised Code or	63874
other administrative and judicial bodies to determine how	63875
decisions of the Board or those other bodies influence the	63876
interpretation or application of civil service laws. The	63877
Commission also may review practices and innovations of public	63878
entities in other states. The Commission may call witnesses and	63879
review any other information that it determines to be appropriate	63880
and may consider recommendations of the Governor's Management	63881
Improvement Commission.	63882

(C) Upon completion of its review under division (B) of this	63883
section, but not later than ~~nine months after all of the~~	63884
~~appointments have been made under division (A) of this section~~	63885
December 31, 2001, the Commission shall issue a report to the	63886
President of the Senate and the Speaker of the House of	63887
Representatives. The report shall identify current statutes,	63888
rules, practices, and procedures and shall make recommendations	63889
for changes to those statutes, rules, practices, and procedures	63890
that the Commission determines necessary to improve them. Upon	63891
issuance of the report under this division, the Commission ceases	63892
to exist."	63893

Section 158. That existing Section 4 of Am. S.B. 210 of the	63894
123rd General Assembly is hereby repealed.	63895

Section 159. That Sections 9a and 28.43 of Sub. S.B. 245 of	63896
the 123rd General Assembly be amended to read as follows:	63897

Reappropriations

" Sec. 9a. DYS DEPARTMENT OF YOUTH SERVICES

63898

CAP-830	Muskingum County Juvenile Justice Center	$	600,000	63899
Total Department of Youth Services		$	600,000	63900
Total General Revenue Fund		$	~~13,263,923~~ 13,163,923	63901

MUSKINGUM COUNTY JUVENILE JUSTICE CENTER

63902

The amount reappropriated for the foregoing appropriation	63903
item CAP-830, Muskingum County Juvenile Justice Center, shall be	63904
$600,000.	63905

Sec. 28.43. SOC SOUTHERN STATE COMMUNITY COLLEGE

63906

CAP-010	Basic Renovations	$	132,297	63907
CAP-019	New North Campus Facility	$	249,553	63908
CAP-022	Clinton County Facility	$	405,381	63909
Total Southern State Community College		$	787,231	63910

CLINTON COUNTY FACILITY

63911

The amount reappropriated for the foregoing appropriation	63912
item CAP-022, Clinton County Facility, shall be the sum of the	63913
unencumbered and unallotted balances as of June 30, 2000, in	63914
appropriation item CAP-022, plus $70,142."	63915

Section 160. That existing Sections 9a and 28.43 of Sub. S.B.	63916
245 of the 123rd General Assembly is hereby repealed.	63917

Section 161. That Sections 10 and 13 of Am. Sub. S.B. 287 of	63918
the 123rd General Assembly be amended to read as follows:	63919

" Sec. 10. The excise tax imposed by section 5727.811 of the	63920
Revised Code shall ~~first~~ apply to every natural gas ~~distributed~~	63921
distribution company for all natural gas volumes billed by, or on	63922
behalf of, the company on and after July 1, 2001. Before that	63923
date, a natural gas distribution company shall register with the	63924
Tax Commissioner in accordance with section 5727.93 of the Revised	63925
Code, as amended by ~~this act~~ Am. Sub. S.B. 287 of the 123rd	63926
General Assembly.	63927

Sec. 13. (A) The amendment or enactment by ~~this act~~ Am. Sub.	63928
S.B. 287 of the 123rd General Assembly of sections 5733.053,	63929
5733.06, ~~5733.40,~~ 5747.221, and 5747.24 of the Revised Code first	63930
applies to tax year 2002.	63931

(B) The amendment by Am. Sub. S.B. 287 of the 123rd General	63932
Assembly of section 5733.40 of the Revised Code applies to taxable	63933
years beginning in 2001 or thereafter."	63934

Section 162. That existing Sections 10 and 13 of Am. Sub.	63935
S.B. 287 of the 123rd General Assembly are hereby repealed.	63936

Section 163. That Sections 129 and 180 of Am. Sub. H.B. 283	63937
of the 123rd General Assembly be amended to read as follows:	63938

" Sec. 129. MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY	63939
BEDS	63940

(A) ~~During~~ Notwithstanding sections 5123.042 and 5123.19 of	63941
the Revised Code, during the period beginning July 1, ~~1999~~ 2001,	63942
and ending ~~June 30, 2001~~ October 15, 2003, the ~~Department~~ Director	63943
of Mental Retardation and Developmental Disabilities shall ~~not~~	63944
~~issue~~ refuse to approve a proposal for the development ~~approval~~	63945
~~for, nor~~ of residential facility beds or to issue a license under	63946
section 5123.19 of the Revised Code~~, new residential facility~~ if	63947
the approval or issuance will result in an increase in the number	63948
of residential facility beds ~~for persons with mental retardation~~	63949
~~or developmental disabilities, except that the department may~~	63950
~~approve the development or licensure, or both, of such new beds in~~	63951
~~an emergency. The department shall adopt rules in accordance with~~	63952
~~Chapter 119. of the Revised Code specifying what constitutes an~~	63953
~~emergency for the purposes of this section~~ above the statewide	63954
total number of residential facility beds on October 28, 1993. For	63955
purposes of identifying the number of beds that existed on that	63956
date, the Director shall include the number of nursing home beds	63957
that were being operated under section 5123.192 of the Revised	63958
Code as intermediate care facility for the mentally retarded beds	63959
certified by the Department of Health under Title XIX of the	63960
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as	63961
amended. A modification, replacement, or relocation of existing	63962
beds in a residential facility licensed under section 5123.19 of	63963
the Revised Code shall not be considered an increase described in	63964
this division. The director shall adopt rules in accordance with	63965
Chapter 119. of the Revised Code specifying what constitutes a	63966
modification or replacement of existing beds.	63967

(B) ~~For the purposes of division (A) of this section,~~ ~~the~~	63968
~~following shall not be considered new beds:~~	63969

~~(1) Beds relocated from one facility to another, if the~~	63970
~~facility from which the beds are relocated reduces the number of~~	63971
~~its beds by the same number of beds that are relocated to the~~	63972
~~other facility;~~	63973

~~(2) Beds to replace others that the Director of Health~~	63974
~~determines no longer comply with the standards of the Medical~~	63975
~~Assistance Program established under Chapter 5111. of the Revised~~	63976
~~Code and Title XIX of the Social Security Act, 49 Stat. 620~~	63977
~~(1935), 42 U.S.C.A. 301, as amended~~ Notwithstanding the	63978
requirement of division (A) of this section that the director	63979
refuse to issue a license under section 5123.19 of the Revised	63980
Code if the issuance will result in an increase in the number of	63981
residential facility beds, but subject to the limitation imposed	63982
under division (C) of this section, during the period beginning on	63983
July 1, 2001, and ending on October 15, 2003, the director may	63984
issue a license under section 5123.19 of the Revised Code for beds	63985
described in section 5123.192 of the Revised Code if the applicant	63986
for the license meets the requirements for licensure under section	63987
5123.19 of the Revised Code and either of the following applies:.	63988

(1) The applicant is the entity that holds the controlling	63989
interest in the right to operate the beds pursuant to a	63990
certificate of need granted under section 3702.52 of the Revised	63991
Code;	63992

(2) The applicant is not the entity that holds the	63993
controlling interest in the right to operate those beds pursuant	63994
to a certificate of need granted under section 3702.52 of the	63995
Revised Code, but prior to July 1, 2001, the director approved the	63996
applicant's proposal for the development of residential facility	63997
beds by converting the beds to beds licensed under section 5123.19	63998
of the Revised Code.	63999

(C) The director shall authorize under division (B) of	64000
this section no additional beds beyond those being converted to	64001
residential facility beds licensed under section 5123.19 of the	64002
Revised Code."	64003

Section 164. That existing Section 129 of Am. Sub. H.B. 283	64004
of the 123rd General Assembly is hereby repealed.	64005

Section 165. That Section 1 of Sub. H.B. 574 of the 123rd	64006
General Assembly be amended to read as follows:	64007

" Sec. 1. (A) ~~Within thirty days after the effective date of~~	64008
~~this act~~ Not later than January 31, 2001, a joint legislative	64009
committee shall be appointed to study the impact of high	64010
technology start-up businesses on economic development and small	64011
businesses in this state and certain other matters. The committee	64012
shall consist of seventeen members, two of whom shall serve as	64013
co-chairpersons, as follows:	64014

(1) Three members from the House of Representatives, two of	64015
whom shall be appointed by the Speaker of the House of	64016
Representatives and one of whom shall be appointed by the Minority	64017
Leader of the House of Representatives. The Speaker of the House	64018
of Representatives shall designate one of the members appointed by	64019
the Speaker as a co-chairperson of the committee.	64020

(2) Three members from the Senate, two of whom shall be	64021
appointed by the President of the Senate and one of whom shall be	64022
appointed by the Minority Leader of the Senate. The President of	64023
the Senate shall appoint one of the members appointed by the	64024
President as a co-chairperson of the committee.	64025

(3) One former member of the House of Representatives	64026
appointed by the Speaker of the House of Representatives;	64027

(4) One former member of the Senate appointed by the	64028
President of the Senate;	64029

(5) One member, appointed by the Speaker of the House of	64030
Representatives, who shall represent the venture capital industry	64031
in the state;	64032

(6) One member, appointed by the President of the Senate,	64033
who shall be an attorney and an expert in high-technology legal	64034
issues;	64035

(7) Six members appointed by the Governor, three of whom	64036
shall represent a different private business association in the	64037
state, one of whom shall represent an Ohio labor organization, one	64038
of whom shall represent an Edison Center, as defined in division	64039
(A) of section 122.15 of the Revised Code, and one of whom shall	64040
be a member of the Governor's Small Business Advisory Council;	64041

(8) The Director of Development or the Director's designee.

64042

(B) The members of the committee shall serve without	64043
compensation, but shall be reimbursed for their actual and	64044
necessary travel and other expenses incurred in the performance of	64045
their official duties as committee members. Witnesses called to	64046
testify before the committee shall be reimbursed for their actual	64047
and necessary travel expenses incurred in attending committee	64048
hearings. These and other expenses associated with the	64049
committee's performance of its functions shall be paid from any	64050
funds appropriated for the operation of committees of the General	64051
Assembly.	64052

(C) The committee shall examine how to retain high	64053
technology start-up businesses in the state, the factors	64054
motivating these businesses to locate in the state or to relocate	64055
out of the state, and the overall impact of these businesses on	64056
economic development and small businesses in Ohio. The committee	64057
shall submit a report along with its recommendations based on the	64058
study to the General Assembly by ~~August~~ March 1, ~~2001~~ 2002. Upon	64059
submitting its report and recommendations, the committee shall	64060
cease to exist."	64061

Section 166. That existing Section 1 of Sub. H.B. 574 of the	64062
123rd General Assembly is hereby repealed.	64063

Section 167. * That Sections 6.02, 9, 21.01, and 23 of Am.	64064
Sub. H.B. 640 of the 123rd General Assembly be amended to read as	64065
follows:	64066

" Sec. 6.02. AFC ARTS AND SPORTS FACILITIES COMMISSION	64067

CAP-047	Cincinnati Classical Music Hall of Fame	$	300,000	64068
CAP-053	Powers Auditorium Improvements	$	500,000	64069
CAP-059	Johnny Appleseed Museum Theatre	$	200,000	64070
CAP-818	Great Lakes League Baseball Stadium in Lake County	$	350,000	64071
CAP-819	Cooper Stadium Relocation Feasibility Study	$	350,000	64072
Total Arts And Sports Facilities Commission		$	1,700,000	64073

GREAT LAKES LEAGUE BASEBALL STADIUM IN LAKE COUNTY

64074

Notwithstanding division (F) of section 3383.07 of the	64075
Revised Code, all or a portion of the foregoing appropriation item	64076
CAP-818, Great Lakes League Baseball Stadium in Lake County, may	64077
be expended for the cost of preparing a financial and development	64078
plan or feasibility study, and purchasing engineering and	64079
architectural services, designs, plans, specifications, surveys,	64080
and estimates of costs for that Great Lakes League Baseball	64081
Stadium in Lake County. Any amount expended for that purpose from	64082
the appropriation shall count toward the maximum fifteen percent	64083
of the construction cost of the sports facility to be paid from	64084
state funds.	64085

COOPER STADIUM RELOCATION FEASIBILITY STUDY

64086

Notwithstanding division (F) of section 3383.07 of the	64087
Revised Code, all or a portion of the foregoing appropriation item	64088
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	64089
expended for the cost of preparing a financial and development	64090
plan or feasibility study, renovation, and purchasing engineering	64091
and architectural services, designs, plans, specifications,	64092
surveys, and estimates of costs for that Cooper Stadium. Any	64093
amount expended for that purpose from the appropriation shall	64094
count toward the maximum fifteen percent of the construction cost	64095
of the sports facility to be paid from state funds.	64096

Sec. 9. All items set forth in this section are hereby	64097
appropriated out of any moneys in the state treasury to the credit	64098
of the Waterways Safety Fund (Fund 086), which are not otherwise	64099
appropriated.	64100

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

64101

CAP-324	Cooperative Funding for Boating	$	~~5,600,000~~	64102
	Facilities		6,600,000	64103
CAP-874	Recreational Harbor Evaluation Project	$	1,000,000	64104
CAP-934	Operations Facilities Development	$	800,000	64105
Total Department of Natural Resources		$	~~7,400,000~~	64106
	8,400,000	64107
Total Waterways Safety Fund		$	~~7,400,000~~	64108
	8,400,000	64109

Sec. 21.01. ADA DEPARTMENT OF ALCOHOL AND DRUG

64111

ADDICTION SERVICES

64112

CAP-002	Community Assistance Projects	$	3,365,000	64113
Total Department of Alcohol and Drug Addiction				64114
Services		$	3,365,000	64115

COMMUNITY ASSISTANCE PROJECTS

64116

Of the foregoing appropriation item CAP-002, Community	64117
Assistance Projects, $225,000 shall be used for the Adelante Drug	64118
and Alcohol Treatment Facility~~, $100,000 shall be used for the~~	64119
~~Foundations Recovery Center,~~ and $40,000 shall be used for the	64120
Sojourner Women's and Children's Outpatient Center.	64121

RESPONSIBILITY FOR FACILITIES

64122

No portion of the foregoing appropriation item, CAP-002,	64123
Community Assistance Projects, shall be used for the Hamilton	64124
County Alcohol and Drug Addiction Services Center or the Stark	64125
County Alcohol and Drug Addiction Services Center until the	64126
Department of Alcohol and Drug Addiction Services and the county	64127
in which the facility is located first enter into an agreement	64128
regarding the transfer of the title of the facility and the	64129
associated property from the state to the county in which it is	64130
located. If the county refuses or otherwise fails to enter into	64131
an agreement on or before June 30, 2001, the department may	64132
transfer title to the facility and associated property to any	64133
other person or entity when the transfer is deemed advantageous to	64134
the state. It shall be specified in the agreement that when title	64135
to the facility and associated property is transferred, then	64136
immediately upon the transfer of title the transferee shall assume	64137
all responsibility, including financial responsibility, for the	64138
facility and associated property. The foregoing condition placed	64139
on the release of funds to the Hamilton County Alcohol and Drug	64140
Addiction Services Center and the Stark County Alcohol and Drug	64141
Addiction Services Center shall not apply if such release of funds	64142
is necessary to protect the health and safety of the Center	64143
patients.	64144

Sec. 23. All items set forth in this section are hereby	64145
appropriated out of any moneys in the state treasury to the credit	64146
of the Parks and Recreation Improvement Fund (Fund 035) created by	64147
division (F) of section 154.22 of the Revised Code, derived from	64148
the proceeds of obligations heretofore and herein authorized, to	64149
pay costs of capital facilities, as defined in section 154.01 of	64150
the Revised Code, for parks and recreation.	64151

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

64152

CAP-012	Land Acquisition	$	3,150,000	64153
CAP-113	East Harbor State Park Shoreline Stabilization	$	850,000	64154
CAP-234	State Parks Campgrounds, Lodges, and Cabins	$	8,725,000	64155
CAP-718	Grand Lake St. Mary's State Park	$	150,000	64156
CAP-748	Local Parks Projects	$	4,409,000	64157
CAP-787	Scioto Riverfront Improvements	$	9,175,000	64158
CAP-789	Great Miami Riverfront Improvements	$	2,000,000	64159
CAP-821	State Park Dredging and Shoreline Protection	$	300,000	64160
CAP-836	State Park Renovations/Upgrading	$	50,000	64161
CAP-876	Statewide Trails Program	$	3,175,000	64162
CAP-910	Scioto Peninsula Property Acquisition	$	4,750,000	64163
CAP-928	Statewide Accessibility Improvements	$	125,000	64164
CAP-931	Statewide Wastewater/Water Systems Upgrade	$	2,000,000	64165
Total Department of Natural Resources		$	38,859,000	64166
Total Parks and Recreation Improvement Fund		$	38,859,000	64167

FEDERAL REIMBURSEMENT

64168

All reimbursements received from the federal government for	64169
any expenditures made pursuant to this section shall be deposited	64170
in the state treasury to the credit of the Parks and Recreation	64171
Improvement Fund (Fund 035).	64172

LOCAL PARKS PROJECTS

64173

Of the foregoing appropriation item CAP-748, Local Parks	64174
Projects, $100,000 shall be used for the Darke County Park	64175
District; ~~$750,000~~ $500,000 shall be used for Erie Metro Parks	64176
Land Acquisition; $40,000 shall be used for Grove City Fryer Park	64177
Improvements; $60,000 shall be used for Ritter Park Improvements;	64178
$125,000 shall be used for Highland Community Park Improvements;	64179
$12,500 shall be used for Big Prairie/Lakeville Park Improvements;	64180
$25,000 shall be used for Holmes County Park Improvements; $25,000	64181
shall be used for Stockport Riverfront Park Improvements; $50,000	64182
shall be used for Silver Park Improvements; $50,000 shall be used	64183
for New Philadelphia City Park Improvements; $100,000 shall be	64184
used for Dover Park Improvements; $40,000 shall be used for	64185
Newcomerstown Park Improvements; $60,000 shall be used for	64186
Sugarcreek Park Improvements; $20,000 shall be used for Dodge Park	64187
Improvements; $20,000 shall be used for Grandview Park	64188
Improvements; $6,500 shall be used for Crossroads Park	64189
Improvements; $38,000 shall be used for Wauseon Park Land	64190
Acquisition; $450,000 shall be used for Barberton Park	64191
Improvements; $150,000 shall be used for Black Swamp ~~Land~~	64192
~~Acquisition~~ Improvements; $50,000 shall be used for Felicity Park	64193
Improvements; $50,000 shall be used for Cincinnati Whitewater	64194
Canal Tunnel Park; $75,000 shall be used for the Walbridge Parks	64195
Improvements; $50,000 shall be used for the Village of Richwood	64196
Parks; $112,000 shall be used for the West Creek Preserve - City	64197
of Parma; $100,000 shall be used by the West Creek Preservation	64198
Committee for a West Creek Watershed Project; and $350,000 shall	64199
be used for Stark County Parks.	64200

LOCAL PARKS PROJECTS - RIVERFRONT PLAZA

64201

Of the foregoing appropriation item CAP-748, Local Parks	64202
Projects, $1,000,000 shall be used for Riverfront Plaza in	64203
Cincinnati. The Director of Natural Resources shall study and	64204
determine whether it is feasible and suitable to include the	64205
Riverfront Plaza in the state park system.	64206

STATEWIDE TRAILS PROGRAM

64207

Of the foregoing appropriation item CAP-876, Statewide Trails	64208
Program, $2,000,000 shall be used for the Ohio to Erie Bike Trail	64209
in Greene County, Madison County, and Clark County; $125,000 shall	64210
be used for the Bike Path Extension in Delaware County; $150,000	64211
shall be used for the Village Green Hillside Bike/Hike Path in	64212
Butler County; $150,000 shall be used for the Pleasant Run Creek	64213
Bike/Hike Path in Butler County; $500,000 shall be used for the	64214
Delhi Nature Trail in Hamilton County; $50,000 shall be used for	64215
the New Richmond Bike Path; and $50,000 shall be used for the Lake	64216
to River Greenway Bike Path in Trumbull County.	64217

SCIOTO RIVERFRONT IMPROVEMENTS

64218

Of the foregoing appropriation item CAP-787, Scioto	64219
Riverfront Improvements, $7,750,000 shall be used for Spring and	64220
Long Park and $1,425,000 shall be used for Whittier peninsula	64221
property acquisition and demolition.	64222

STATE PARK RENOVATIONS/UPGRADING

64223

Of the foregoing appropriation item CAP-836, State Park	64224
Renovations/Upgrading, $50,000 shall be used for the Kennedy Stone	64225
House Improvements in Salt Fork State Park."	64226

Section 168. * That existing Sections 6.02, 9, 21.01, and 23	64227
of Am. Sub. H.B. 640 of the 123rd General Assembly are hereby	64228
repealed.	64229

Section 169. * That Sections 6.01 and 18 of Am. Sub. H.B.	64230
640 of the 123rd General Assembly, as most recently amended by Am.	64231
Sub. S.B. 346 of the 123rd General Assembly, be amended to read as	64232
follows:	64233

Appropriations

" Sec. 6.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

64234

CAP-785	Rural Areas Historical Projects	$	~~4,838,500~~ 5,338,500	64235
CAP-786	Rural Areas Community Improvements	$	13,537,300	64236
CAP-817	Urban Areas Community Improvements	$	27,066,000	64237
CAP-818	Community Theatre Renovations	$	1,210,000	64238
Total Department of Administrative Services		$	~~46,651,800~~ 47,151,800	64239

RURAL AREAS HISTORICAL PROJECTS

64240

From the foregoing appropriation item CAP-785, Rural Areas	64241
Historical Projects, grants shall be made for the following	64242
projects:	64243

Euclid Beach Carousel	$	500,000	64244
Camden Town Hall and Opera House	$	75,000	64245
Historic Hopewell Church	$	10,000	64246
Preble County Historical Society	$	150,000	64247
Allen County Museum Building Expansion	$	600,000	64248
Allen County Railroad Museum	$	50,000	64249
John P. Parker Historic Site Restoration	$	200,000	64250
Grant Memorial Building	$	185,000	64251
Steamship William G. Mather Maritime Museum	$	25,000	64252
Bedford Historical Society	$	250,000	64253
Fulton County Historical Society Museum			64254
Rehabilitation	$	50,000	64255
Lyons and Area Historical Society Train Depot			64256
Restoration	$	40,000	64257
Middlefield Historical Society	$	45,000	64258
Hancock Historical Society-New			64259
Agriculture/Transportation Building	$	150,000	64260
Henry County Historical Society Building			64261
Improvements	$	50,000	64262
Holmes County Historic Building Improvements	$	25,000	64263
Holmes County Historical Society Victorian			64264
House	$	30,000	64265
Harvey Wells House Restoration	$	100,000	64266
Western Reserve Railroad Association Train			64267
Station Improvements	$	10,000	64268
Great Lakes Historical Society Renovations	$	200,000	64269
Monroe County Park District Parry Museum	$	20,000	64270
Morgan County Historical Society Building			64271
Renovations	$	25,000	64272
General Sheridan Monument Restoration	$	6,000	64273
Haydenville Museum	$	7,500	64274
Overland Inn Historical Site	$	50,000	64275
Spring Hill Historic Home	$	100,000	64276
Stan Hywet Hall and Gardens	$	1,000,000	64277
Gnadenhutten Historical Society	$	15,000	64278
Van Wert Historical Society Red Barn Project	$	40,000	64279
Marietta Lockmaster's House Renovation	$	50,000	64280
New Matamorus Historical Society Renovations	$	25,000	64281
Wayne County Historical Society	$	150,000	64282
Wood County Historic Courthouse	$	1,000,000	64283
Mt. Pleasant Historical Society	$	10,000	64284
Dennison Railroad Depot Museum	$	95,000	64285

RURAL AREAS COMMUNITY IMPROVEMENTS

64286

From the foregoing appropriation item CAP-786, Rural Areas	64287
Community Improvements, grants shall be made for the following	64288
projects:	64289

Southern Ohio Health Network Facility	$	100,000	64290
Allen County Reservoir Feasibility Study	$	250,000	64291
Belmont County Office Space	$	30,000	64292
Meigs County Industrial Park	$	100,000	64293
Lawrence County Industrial Park	$	100,000	64294
Gallia County Industrial Park	$	100,000	64295
Community Building - Belmont County	$	2,000,000	64296
Watt Center - Belmont County	$	15,000	64297
4-H Barn - Brown County	$	50,000	64298
People Working Cooperatively Facility			64299
Improvements	$	75,000	64300
Champaign YMCA	$	200,000	64301
Clermont County Courthouse	$	50,000	64302
Clermont County Visitor Information Center	$	50,000	64303
Clinton County Firing Range	$	50,000	64304
Coshocton Infrastructure Improvements	$	150,000	64305
Bethlehem Water Well	$	2,700	64306
West Lafayette Municipal Building Roof	$	7,200	64307
Tuscarawas Township Safety Improvements	$	10,000	64308
Village of Warsaw Improvements	$	39,100	64309
Coshocton Softball Field Lighting Improvements	$	20,000	64310
Defiance/Williams Flood Mitigation Project	$	1,350,000	64311
Bellepoint Bridge Reconstruction	$	75,000	64312
West After-School Center	$	50,000	64313
Gallia County Water Projects	$	25,000	64314
Fairmount Fine Arts Center	$	40,000	64315
Guernsey Infrastructure Improvements	$	100,000	64316
Tornado Warning Sirens - Guernsey County	$	60,000	64317
Old Kenton Armory Improvements	$	100,000	64318
Court House/City Hall Improvements - Highland			64319
County	$	400,000	64320
Holmes County Home Renovations	$	25,000	64321
Old Children's Home Renovations - Holmes County	$	25,000	64322
Fairport Community Center	$	150,000	64323
Mentor Fire and Police Headquarters Relocation	$	100,000	64324
Hanna House - Lake County	$	25,000	64325
Perry Township Industrial Park Land Acquisition	$	65,000	64326
Red Mill Creek Water Retention Basin	$	20,000	64327
Madison Village Community Building ADA Upgrades	$	12,500	64328
Mentor-on-the-Lake Erosion Control Project	$	135,000	64329
Athalia Community Facility	$	20,000	64330
Chesapeake Community Facility	$	20,000	64331
Proctorville Community Facility	$	20,000	64332
Lawrence County Water Projects	$	25,000	64333
Downtown Parking Garage and Walkway - Licking			64334
County	$	500,000	64335
Institute of Industrial Technology	$	500,000	64336
Outdoor Education Laboratory Construction -			64337
Marion County	$	60,000	64338
Medina County Engineered Fuel Project	$	575,000	64339
Chester Court House	$	15,000	64340
Meigs County Water Projects	$	25,000	64341
Fort Piqua Hotel	$	400,000	64342
Graysville Community Center	$	50,000	64343
Midway Community Center	$	10,000	64344
Chesterhill Water Tower Improvements	$	50,000	64345
Morgan Infrastructure Improvements	$	100,000	64346
Morgan County Economic Development	$	125,000	64347
Secrest Auditorium Improvements	$	50,000	64348
Diesel Powered Generators - Muskingum County	$	6,000	64349
Muskingum County Center for Seniors	$	8,000	64350
Maysville Community Improvements	$	10,000	64351
Muskingum County Court House Improvements	$	65,000	64352
Litter Prevention Complex - Muskingum County	$	17,300	64353
Noble County Infrastructure Improvements	$	185,000	64354
Lake Erie Islands Regional Welcome Center	$	500,000	64355
Corning Community Center	$	10,000	64356
Somerset Court House	$	100,000	64357
New Lexington Community Center	$	125,000	64358
Crooksville Family Recreation Center	$	70,000	64359
Perry County Agricultural Society	$	75,000	64360
Nelsonville Pool	$	100,000	64361
Cave Lake Center for Community Leadership	$	350,000	64362
Atwater Township Town Hall Improvements	$	100,000	64363
Brimfield Township Community Center	$	75,000	64364
Portage County Sheriff's Department Shooting			64365
Range	$	200,000	64366
WSTB Equipment Upgrade	$	50,000	64367
Richland Academy of Arts and Sciences Discovery			64368
Center	$	100,000	64369
Mansfield Area YMCA	$	200,000	64370
Mohican School in the Out-of-Doors Expansion	$	325,000	64371
Mansfield Reformatory Preservation Project	$	100,000	64372
Ross County Multi-Purpose Facility	$	50,000	64373
Bellevue Society for the Arts	$	10,000	64374
County Jail Improvements - Sandusky County	$	300,000	64375
Southern Ohio Port Authority	$	50,000	64376
Meadowbrook Park Ballroom Restoration	$	100,000	64377
Eastern Ohio Developmental Alliance Equipment			64378
Purchase	$	10,000	64379
Uhrichsville Municipal Building Improvements	$	80,000	64380
Project Pride Town Hall	$	20,000	64381
Marietta Nutrition Facility	$	100,000	64382
Liberty Township Community Center	$	20,000	64383
West Salem Town Hall	$	150,000	64384
City of Rittman Recreation Center	$	125,000	64385
Bryan Senior Center	$	450,000	64386
Jerry City Town Hall Improvements	$	7,000	64387
Bradner Historic Building	$	45,000	64388
Fairfield Township Community Recreation Facility	$	150,000	64389
Lighthouse Youth Center Improvements	$	250,000	64390
Chagrin Falls Park Community Center - Seniors'			64391
Room Construction	$	10,000	64392
City of Willowick - Senior Center Remodeling,			64393
Addition, and Completion	$	100,000	64394
Painesville Township Greenspace	$	15,000	64395
Clermont County Animal Shelter	$	22,500	64396

ROSS COUNTY MULTI-PURPOSE FACILITY

64397

Of the foregoing appropriation item CAP-786, Rural Areas	64398
Community Improvements, the $50,000 earmarked for the Ross County	64399
Multi-Purpose Facility is for a feasibility study for the	64400
facility. Yoctangee Park in Chillicothe, Ohio, is specifically	64401
excluded as a site from any feasibility study for a multi-purpose	64402
facility.	64403

PORTAGE COUNTY SHERIFF'S DEPARTMENT SHOOTING RANGE

64404

Of the foregoing appropriation item CAP-786, Rural Areas	64405
Community Improvements, the $200,000 earmarked for the Portage	64406
County Sheriff's Department Shooting Range shall be distributed to	64407
the Portage County Sheriff's Department for utilization by that	64408
department for a training facility. Any structure so constructed	64409
with these funds shall be used by the Portage County Sheriff's	64410
Department as a training facility for ten years or moneys must be	64411
repaid to the state by Portage County. The Portage County	64412
Sheriff's Department may contract with other law enforcement	64413
agencies to use the training facility.	64414

URBAN AREAS COMMUNITY IMPROVEMENTS

64415

From the foregoing appropriation item CAP-817, Urban Areas	64416
Community Improvements, grants shall be made for the following	64417
projects:	64418

Cross Links 2000 - Middletown Downtown			64419
Revitalization	$	2,000,000	64420
Solon Community Arts Center	$	275,000	64421
Cleveland Health Museum	$	1,000,000	64422
Cleveland Jewish Community Center	$	350,000	64423
Beck Center for the Arts	$	500,000	64424
Cleveland School for the Arts	$	100,000	64425
Hill House	$	325,000	64426
Bellfaire/Jewish Children's Bureau	$	1,020,000	64427
Karamu House Improvements	$	600,000	64428
Halloran Ice Skating Rink	$	300,000	64429
Cleveland Greenhouse Improvements	$	255,000	64430
Alliance for Poles of America Facility			64431
Improvements	$	260,000	64432
West Side Ecumenical Ministry	$	375,000	64433
Solon VFW Memorial	$	7,000	64434
Solon Senior Center	$	300,000	64435
Brecksville Senior Development Project	$	10,000	64436
Bentlyville Village Hall	$	30,000	64437
Sterns Farm	$	70,000	64438
Schaaf Community Center	$	100,000	64439
Olmstead Community Center	$	100,000	64440
Horizon Center	$	200,000	64441
North Royalton Recreation Center	$	200,000	64442
St. Vincent de Paul Recycle Project	$	250,000	64443
Cleveland Free Clinic	$	370,000	64444
Alta House	$	35,000	64445
Rickenbacker House Restoration and Park	$	475,000	64446
King Lincoln District Revitalization	$	1,425,000	64447
J. Ashburn Youth Center	$	500,000	64448
Columbus Downtown Initiatives Planning	$	1,900,000	64449
Leo Yassenoff Columbus Community Center	$	400,000	64450
Rickenbacker Air and Industrial Park	$	6,000,000	64451
Clintonville Improvements	$	150,000	64452
Grove City YMCA	$	35,000	64453
Victorian Village Society	$	15,000	64454
Beech Acres Family Center	$	50,000	64455
Health Education Center	$	25,000	64456
Convention Center Expansion Planning	$	500,000	64457
German Heritage Museum	$	12,000	64458
Lincoln Heights Health Center Improvements	$	1,000,000	64459
South End Revitalization Project	$	100,000	64460
Toledo International Youth Hostel Renovations	$	50,000	64461
Sylvania Recreation Center	$	450,000	64462
Sylvania Senior Center	$	300,000	64463
Canton Civic Center	$	1,000,000	64464
Canton Jewish Community Center Renovations	$	20,000	64465
Canton Jewish Women's Center	$	100,000	64466
J.R. Coleman Center	$	250,000	64467
Gateway Social Services Building	$	450,000	64468
Massillon Domestic Violence Shelter for			64469
Battered Women	$	100,000	64470
Massillon Civic Center	$	1,000,000	64471
Football Hall of Fame	$	150,000	64472
Stark Central YMCA	$	25,000	64473
Stark County Convention and Visitors Bureau			64474
Tourist Center	$	25,000	64475
Akron Jewish Community Center Renovations	$	85,000	64476
Oriana House	$	450,000	64477
Cedar Grove Mausoleum Improvements	$	30,000	64478
Amphitheater, Riverwalk, and Kinsman House			64479
Improvements	$	1,000,000	64480
Fairlawn, Bath, Copley Community Center	$	65,000	64481
Loew Field Improvements	$	50,000	64482
Harvard Community Services Center Renovation			64483
and Expansion	$	20,000	64484
City of South Euclid-Construction of Complying			64485
Community Ground Sign	$	5,000	64486
Henn Mansion Renovation	$	25,000	64487
Collinwood Community Service Center Repair			64488
and Renovation	$	20,000	64489
Bowman Park - City of Toledo	$	80,000	64490
Godman Guild	$	65,000	64491

COMMUNITY THEATRE RENOVATIONS

64492

From the foregoing appropriation item CAP-818, Community	64493
Theatre Renovations, grants shall be made for the following	64494
projects:	64495

Hayesville Opera House	$	50,000	64496
Cleveland Public Theatre Improvements - Gordon			64497
Square	$	160,000	64498
Markay Theatre Renovations	$	100,000	64499
Stranahan Theatre	$	100,000	64500
Holland Theatre	$	250,000	64501
Lorain Palace Theatre Improvements	$	200,000	64502
Ohio Ballet	$	250,000	64503
Ritz Theatre Renovations	$	100,000	64504

Sec. 18. All items set forth in this section are hereby	64506
appropriated out of any moneys in the state treasury to the credit	64507
of the Arts Facilities Building Fund (Fund 030). Revenues to the	64508
Arts Facilities Building Fund shall consist of proceeds of	64509
obligations authorized to pay costs of the following capital	64510
improvements:	64511

Appropriations

AFC ARTS FACILITIES COMMISSION

64512

CAP-010	Sandusky State Theatre Improvements	$	200,000	64513
CAP-013	Stambaugh Hall Improvements	$	500,000	64514
CAP-033	Woodward Opera House Renovation	$	250,000	64515
CAP-037	Canton Palace Theatre Renovations	$	750,000	64516
CAP-044	National Underground Railroad Freedom Center	$	3,500,000	64517
CAP-045	Cincinnati Contemporary Arts Center	$	2,000,000	64518
CAP-046	Cincinnati Museum Center Improvements	$	200,000	64519
CAP-048	John and Annie Glenn Museum	$	500,000	64520
CAP-051	Akron Civic Theatre Improvements	$	1,000,000	64521
CAP-052	Akron Art Museum	$	2,500,000	64522
CAP-056	Ohio Agricultural and Industrial Heritage Center	$	2,500,000	64523
CAP-063	Robins Theatre Renovations	$	1,000,000	64524
CAP-734	Hayes Presidential Center-Museum and Home Improvements	$	750,000	64525
CAP-735	Paul Lawrence Dunbar House	$	672,000	64526
CAP-741	Adena State Memorial Renovations	$	3,888,000	64527
CAP-742	Ft. Meigs Museum and Exhibit Improvements	$	1,805,000	64528
CAP-780	Harding Tomb and Site Renovations	$	138,000	64529
CAP-781	Archives and Library Automation	$	300,000	64530
CAP-784	Ohio Historical Center Rehabilitation	$	500,000	64531
CAP-786	Piqua/Fort Pickawillany Acquisition and Improvements	$	435,000	64532
CAP-789	Neil Armstrong Air and Space Museum Improvements	$	200,000	64533
CAP-790	Reese-Peters Site Improvements	$	250,000	64534
CAP-798	Multi-Site Fire and Security System Improvements	$	100,000	64535
CAP-801	Statewide Underground Storage Tank Removal	$	107,000	64536
CAP-802	Zane Grey Museum Improvements	$	280,000	64537
CAP-803	Digitization of OHS Collection	$	750,000	64538
CAP-806	Grant Boyhood Home Improvements	$	200,000	64539
CAP-809	Cincinnati Ballet Facility Improvements	$	450,000	64540
CAP-811	National First Ladies Library	$	500,000	64541
CAP-812	Dayton Performing Arts Center	$	9,500,000	64542
CAP-814	Crawford Museum of Transportation and Industry	$	~~3,000,000~~ 2,500,000	64543
Total Arts Facilities Commission		$	~~38,725,000~~ 38,225,000	64544
Total Arts Facilities Building Fund		$	~~38,725,000~~ 38,225,000"	64545

Section 170. * That existing Sections 6.01 and 18 of Am.	64547
Sub. H.B. 640 of the 123rd General Assembly, as most recently	64548
amended by Am. Sub. S.B. 346, are hereby repealed.	64549

Section 171. That Section 4 of Am. Sub. H.B. 478 of the 119th	64550
General Assembly, as amended by Am. Sub. S.B. 300 of the 121st	64551
General Assembly and Am. Sub. H.B. 215 of the 122nd General	64552
Assembly, is hereby repealed.	64553

The intent of this repeal is to remove the limitation imposed	64554
by Section 4 of Am. Sub. H.B. 478 of the 119th General Assembly	64555
upon the continued existence of sections 3702.71, 3702.72,	64556
3702.73, 3702.74, 3702.75, 3702.76, 3702.77, 3702.78, 3702.79,	64557
3702.80, and 3702.81 of the Revised Code. This intent is not	64558
affected by the rule of construction in section 1.57 of the	64559
Revised Code.	64560

Section 172. That Section 18 of Am. Sub. H.B. 650 of the	64561
122nd General Assembly, as most recently amended by Sub. S.B. 245	64562
of the 123rd General Assembly, is hereby repealed.	64563

Section 173. That Section 17 of Am. Sub. H.B. 282 of the	64564
123rd General Assembly, as most recently amended by Sub. S.B. 245	64565
of the 123rd General Assembly, is hereby repealed.	64566

Section 174. That Section 180 of Am. Sub. H.B. 283 of the	64567
123rd General Assembly is hereby repealed.	64568

Section 175. That Section 9 of Sub. S.B. 245 of the 123rd	64569
General Assembly is hereby repealed.	64570

Section 176. That Section 15 of Am. Sub. S.B. 287 of the	64571
123rd General Assembly is hereby repealed.	64572

Section 177. * All items set forth in this section are	64573
hereby appropriated out of any moneys in the state treasury to the	64574
credit of the School Building Program Assistance Fund (Fund 032),	64575
created under section 3318.25 of the Revised Code, derived from	64576
the proceeds of obligations heretofore and herein authorized to	64577
pay the cost of facilities for a system of common schools	64578
throughout the state for the period beginning July 1, 2002, and	64579
ending June 30, 2004.	64580

SFC SCHOOL FACILITIES COMMISSION

64581

CAP-770	School Building Program Assistance	$	300,000,000	64582
Total School Facilities Commission		$	300,000,000	64583
Total School Building Program Assistance Fund		$	300,000,000	64584

SCHOOL BUILDING PROGRAM ASSISTANCE

64585

The foregoing appropriation item CAP-770, School Building	64586
Program Assistance, shall be used by the School Facilities	64587
Commission to provide funding to school districts that receive	64588
conditional approval from the Commission pursuant to Chapter 3318.	64589
of the Revised Code.	64590

Expenditures from appropriations contained in this section	64591
may be accounted for as though made in the main capital	64592
appropriations act for the fiscal year 2003-2004 biennium enacted	64593
by the 124th General Assembly. The School Facilities Commission	64594
shall not commit any of the appropriations made in this section	64595
until after July 1, 2002.	64596

Section 178. The Ohio Public Facilities Commission is hereby	64597
authorized to issue and sell, in accordance with the provisions of	64598
Section 2n of Article VIII, Ohio Constitution, and Chapter 151.	64599
and particularly sections 151.01 and 151.03 of the Revised Code,	64600
original obligations in an aggregate principal amount not to	64601
exceed $300,000,000 to pay the costs associated with previously	64602
authorized capital facilities and the capital facilities	64603
authorized in the immediately preceding section of this act for	64604
the School Building Assistance Program for the School Facilities	64605
Commission to distribute in accordance with their rules and	64606
guidelines pursuant to Chapter 3318. of the Revised Code.	64607

Section 179. The Office of Criminal Justice Services and the	64608
Department of Job and Family Services shall enter into an	64609
interagency agreement for the transfer to the Office of the	64610
Department's duties, records, assets, and liabilities related to	64611
the administration of funds received under the "Family Violence	64612
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	64613
10401, as amended.	64614

Section 180. WOMEN'S POLICY AND RESEARCH COMMISSION FUND	64615
TRANSFERS	64616

Notwithstanding any other provision of law to the contrary,	64617
the Director of Budget and Management shall transfer any remaining	64618
amounts of cash from the specified obsolete fund to the General	64619
Revenue Fund (Fund GRF) within thirty days after the effective	64620
date of this section: Women's Policy and Research Commission, Fund	64621
4V9, Women's Policy and Research Commission Fund.	64622

Section 181. OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL.

64623

The Ohio Family and Children First Cabinet Council shall	64624
conduct an assessment of the need for and resources available for	64625
services and programs that serve children under six years of age.	64626
The assessment shall include identifying supports available to	64627
those services and programs and gaps in services across Ohio, as	64628
well as a review of existing state laws and administrative	64629
procedures related to those services and programs. Based on its	64630
assessment, the Cabinet Council shall develop, in consultation	64631
with early childhood, business, and community organizations, a	64632
strategic plan that does both of the following:	64633

(1) Identifies goals for developing an integrated system of	64634
early care and education for families with children under six	64635
years of age.	64636

(2) Recommends specific steps that must be taken to	64637
accomplish those goals, including establishing linkages between	64638
schools and early childhood programs to ensure successful	64639
transitions for children and their families. The recommendations	64640
included in the strategic plan shall maximize opportunities for	64641
existing programs and services to blend funding sources and work	64642
together.	64643

The Cabinet Council shall provide copies of the strategic	64644
plan to the Governor, Speaker and Minority Leader of the House of	64645
Representatives, and the President and Minority Leader of the	64646
Senate not later than June 30, 2002.	64647

Section 182. On the effective date of this section, the Mine	64648
Examining Board is abolished and all of its functions and assets,	64649
liabilities, equipment, and records, irrespective of form or	64650
medium, are transferred to the Chief of the Division of Mineral	64651
Resources Management in the Department of Natural Resources and	64652
the Reclamation Commission, as provided in Section 1 of this act.	64653
The Chief and the Reclamation Commission, as appropriate, are	64654
thereupon and thereafter successor to, assume the obligations of,	64655
and otherwise constitute the continuation of the Mine Examining	64656
Board.	64657

Any business commenced, but not completed by, the Mine	64658
Examining Board on the effective date of this section shall be	64659
completed by the Chief or the Reclamation Commission, as	64660
appropriate. No validation, cure, right, privilege, remedy,	64661
obligation, or liability is lost or impaired by reason of the	64662
transfer required by this section, but shall be administered by	64663
the Chief or the Reclamation Commission, as appropriate. All of	64664
the Mine Examining Board's rules, orders, and determinations	64665
continue in effect as rules, orders, and determinations of the	64666
Chief and the Reclamation Commission, as appropriate, until	64667
modified or rescinded by the Chief or the Reclamation Commission,	64668
as appropriate.	64669

Subject to the lay-off provisions of sections 124.321 to	64670
124.328 of the Revised Code, all the employees of the Mine	64671
Examining Board are transferred to the Division of Mineral	64672
Resources Management and the Reclamation Commission, as	64673
appropriate.	64674

Whenever the Mine Examining Board is referred to in any law,	64675
contract, or other document, the reference shall be deemed to	64676
refer to the Chief of the Division of Mineral Resources Management	64677
or the Reclamation Commission, as appropriate.	64678

No action or proceeding pending on the effective date of this	64679
section is affected by the transfer, and shall be prosecuted or	64680
defended in the name of the Chief or the Reclamation Commission,	64681
as appropriate. In all such actions and proceedings, the Chief or	64682
the Reclamation Commission, as appropriate, shall be substituted	64683
as a party upon application by the receiving entity to the court	64684
or other appropriate tribunal.	64685

Section 183. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	64686
FACILITIES	64687

Notwithstanding any other provisions of law to the contrary,	64688
the School Facilities Commission may provide assistance under the	64689
Exceptional Needs Pilot Program to any school district and not	64690
exclusively a school district in the lowest 50 per cent of	64691
adjusted valuation per pupil on the fiscal year 1999 ranking of	64692
school districts established pursuant to section 3317.02 of the	64693
Revised Code, for the purpose of the relocation or replacement of	64694
school facilities required as a result of extreme environmental	64695
contamination. If in the assessment of the school district's	64696
classroom facilities needs conducted under the Exceptional Needs	64697
Pilot Program pursuant to Section 26 of Am. Sub. H.B. 850 of the	64698
122nd General Assembly, the commission determines that all the	64699
school district's classroom facilities ultimately will require	64700
replacement under sections 3318.01 to 3318.20 of the Revised Code,	64701
then the commission may undertake a district-wide project under	64702
sections 3318.01 to 3318.20 of the Revised Code.	64703

The School Facilities Commission shall contract with an	64704
independent environmental consultant to conduct a study and to	64705
report to the commission as to the seriousness of the	64706
environmental contamination, whether the contamination violates	64707
applicable state and federal standards, and whether the facilities	64708
are no longer suitable for use as school facilities. The	64709
commission then shall make a determination regarding funding for	64710
the relocation or replacement of the school facilities. If the	64711
federal government or other public or private entity provides	64712
funds for restitution of costs incurred by the state or school	64713
district in the relocation or replacement of the school	64714
facilities, the school district shall use such funds in excess of	64715
the school district's share to refund the state for the state's	64716
contribution to the environmental contamination portion of the	64717
project. The school district may apply an amount of such	64718
restitution funds up to an amount equal to the school district's	64719
portion of the project, as defined by the commission, toward	64720
paying its portion of that project to reduce the amount of bonds	64721
the school district otherwise must issue to receive state	64722
assistance under sections 3318.01 to 3318.20 of the Revised Code.	64723

Section 184. (A) The Ohio School Facilities Commission may	64724
commit up to thirty-five million dollars to the Canton City School	64725
District for construction of a facility described in this section,	64726
in lieu of a high school that would otherwise be authorized under	64727
Chapter 3318. of the Revised Code. The commission shall not	64728
commit funds under this section unless all of the following	64729
conditions are met:	64730

(1) The district has entered into a cooperative agreement	64731
with a state-assisted technical college.	64732

(2) The district has received an irrevocable commitment of	64733
additional funding from nonpublic sources.	64734

(3) The facility is intended to serve both secondary and	64735
postsecondary instructional purposes.	64736

(B) The commission shall enter into an agreement with the	64737
district for the construction of the facility authorized under	64738
this section that is separate from and in addition to the	64739
agreement required for the district's participation in the	64740
Classroom Facilities Assistance Program under section 3318.08 of	64741
the Revised Code. Notwithstanding that section and sections	64742
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	64743
agreement shall provide, but not be limited to, the following:	64744

(1) The commission shall not have any oversight	64745
responsibilities over the construction of the facility.	64746

(2) The facility need not comply with the specifications for	64747
plans and materials for high schools adopted by the commission.	64748

(3) The commission may decrease the basic project cost that	64749
would otherwise be calculated for a high school under Chapter	64750
3318. of the Revised Code.	64751

(4) The state shall not share in any increases in the basic	64752
project cost for the facility above the amount authorized under	64753
this section.	64754

All other provisions of Chapter 3318. of the Revised Code	64755
apply to the approval and construction of a facility authorized	64756
under this section.	64757

The state funds committed to the facility authorized by this	64758
section shall be part of the total amount the state commits to the	64759
Canton City School District under Chapter 3318. of the Revised	64760
Code. All additional state funds committed to the Canton City	64761
School District for classroom facilities assistance shall be	64762
subject to all provisions of Chapter 3318. of the Revised Code.	64763

Section 185. Not later than July 1, 2001, the Tax	64764
Commissioner shall certify to the Department of Education for each	64765
city, local, and exempted village school district the total	64766
federal adjusted gross income of the residents of the school	64767
district, based on tax returns filed by the residents of the	64768
district, for each of the three most recent years for which this	64769
information is available. The Department shall use the information	64770
certified under this section to compute each district's state	64771
parity aid funding under section 3317.0217 of the Revised Code in	64772
fiscal year 2002.	64773

Section 186. Not later than March 1, 2003, the Department of	64774
Job and Family Services shall certify to the State Board of	64775
Education, for the month of October in 1998, 1999, 2000, 2001, and	64776
2002, the unduplicated number of children ages five through	64777
seventeen residing in each school district and living in a family	64778
that had family income not exceeding the federal poverty	64779
guidelines, as defined in section 5101.46 of the Revised Code, and	64780
that participated in one of the following:	64781

(A) Ohio Works First;

64782

(B) The food stamp program;

64783

(C) The medical assistance program, including the Healthy	64784
Start program, established under Chapter 5111. of the Revised	64785
Code;	64786

(D) The Children's Health Insurance Program Part I	64787
established under section 5101.50 of the Revised Code or, prior to	64788
fiscal year 2000, an executive order issued under section 107.17	64789
of the Revised Code;	64790

(E) The disability assistance program established under	64791
Chapter 5115. of the Revised Code.	64792

The Department of Job and Family Services shall report this	64793
information according to the school district of residence for each	64794
child in the same manner as required by section 3317.10 of the	64795
Revised Code. It is the intent of the General Assembly that in	64796
making this report, the Department of Job and Family Services will	64797
utilize the same, or substantially similar, computer programming	64798
as it developed to assist the Legislative Office of Education	64799
Oversight in developing the report "A New Poverty Indicator to	64800
Distribute Disadvantaged Pupil Impact Aid (DPIA)."	64801

The Department of Education shall use the information	64802
reported under this section to calculate five-year averages in	64803
order to make payments to school districts under section 3317.029	64804
of the Revised Code in fiscal year 2004 and subsequent fiscal	64805
years.	64806

Section 187. The Department of Education shall consider the	64807
feasiability and desirability of relocating the department staff	64808
responsible for gifted education from the Center for Students,	64809
Families, and Communities to the Center for Curriculum and	64810
Assessment.	64811

Section 188. There is hereby created the Instructional	64812
Subsidy and Challenge Review Committee. The Committee shall	64813
contain eleven members: the Chancellor of the Ohio Board of	64814
Regents or the chancellor's designee; two representatives of	64815
two-year colleges and two representatives of the state	64816
universities identified in section 3345.011 of the Revised Code,	64817
all four of whom shall be appointed jointly by the President of	64818
the Senate and the Speaker of the House of Representatives; three	64819
members of the Senate appointed by the President of the Senate,	64820
two of whom shall be members of the majority party and one of whom	64821
shall be a member of the minority party; and three members of the	64822
House of Representatives appointed by the Speaker of the House,	64823
two of whom shall be members of the majority party and one of whom	64824
shall be a member of the minority party. The Committee shall	64825
perform a comprehensive review of the allocation formula for the	64826
State Share of Instruction appropriation item as well as all of	64827
the "Challenge" appropriation items contained in the Board of	64828
Regents' budget and shall issue a report containing its	64829
recommendations to the General Assembly not later than December	64830
31, 2001. Upon issuance of its report, the Committee shall cease	64831
to exist.	64832

Section 189. The Arts Facilities Building Fund and Sports	64833
Facilities Building Fund created by section 3383.09 of the Revised	64834
Code are the same as the Arts Facilities Building Fund and the	64835
Sports Facilities Building Fund from which appropriations are made	64836
in Am. Sub. H.B. 640 of the 123rd General Assembly.	64837

Section 190. An owner or operator of a facility that is	64838
regulated under Chapter 1509. of the Revised Code who submits the	64839
filing fees that the owner or operator is required to submit under	64840
section 3750.13 of the Revised Code, as amended by this act, by	64841
the first day of March of the year following the effective date of	64842
this section shall be deemed to have satisfied all filing,	64843
listing, and notification requirements and all late fees,	64844
penalties, and interest and to have satisfied all other monetary	64845
obligations that were imposed on that person under Chapter 3750.	64846
of the Revised Code prior to that date. As used in this section,	64847
"facility" has the same meaning as in section 3750.01 of the	64848
Revised Code.	64849

Section 191. Section 3704.034 of the Revised Code, as amended	64850
by this act, and sections 3745.10 and 3745.15 of the Revised Code,	64851
as enacted by this act, apply only to applications for permits,	64852
including modifications and renewals, and for plan approvals that	64853
are submitted to the Director of Environmental Protection on and	64854
after the effective date of this section.	64855

Section 192. (A) Notwithstanding section 4717.07 of the	64856
Revised Code as amended by this act, the Board of Embalmers and	64857
Funeral Directors shall charge and collect the following fees for	64858
the renewal of licenses that expire on December 31, 2001:	64859

(1) Sixty dollars for renewal of an embalmer's or funeral	64860
director's license;	64861

(2) One hundred twenty-five dollars for renewal of a license	64862
to operate a funeral home;	64863

(3) One hundred dollars for renewal of a license to operate	64864
an embalming facility;	64865

(4) One hundred dollars for renewal of a license to operate	64866
a crematory facility.	64867

(B) Notwithstanding section 4717.08 of the Revised Code as	64868
amended by this act, every license issued under Chapter 4717. of	64869
the Revised Code expires on December 31, 2001, and shall be	64870
renewed on or before that date according to the standard license	64871
renewal procedure set forth in Chapter 4745. of the Revised Code.	64872

Section 193. Unless five licensed embalmers and practicing	64873
funeral directors are serving on the Board of Embalmers and	64874
Funeral Directors on the effective date of this section, the first	64875
person appointed to fill a vacancy occurring on the Board on or	64876
after that date under section 4717.02 of the Revised Code, as	64877
amended by this act, shall be a licensed embalmer and practicing	64878
funeral director with at least ten consecutive years of experience	64879
in this state immediately preceding the date of the person's	64880
appointment.	64881

Section 194. Notwithstanding section 4775.08 of the Revised	64882
Code, as amended by this act, during calendar year 2001, the	64883
initial and annual renewal fee for a motor vehicle collision	64884
repair registration certificate and for a temporary motor vehicle	64885
collision repair registration certificate is one hundred dollars	64886
for each business location at which the motor vehicle collision	64887
repair operator conducts business as an operator. However, the	64888
Board of Motor Vehicle Collision Repair Registration may adjust	64889
the fee in the same manner as provided in division (A) of section	64890
4775.08 of the Revised Code, as amended by this act.	64891

Section 195. (A) In prescribing distinguishing	64892
characteristics for a driver's license issued to a person who is	64893
under twenty-one years of age, the Registrar of Motor Vehicles	64894
shall consider both of the following:	64895

(1) Formatting the license vertically;

64896

(2) Conspicuously indicating the month, day, and years on	64897
which the licensee becomes eighteen and twenty-one years of age.	64898

(B) In accordance with section 4507.13 of the Revised Code,	64899
the Registrar may prescribe either or both of the distinguishing	64900
driver's license characteristics considered under this section.	64901

Section 196. The Legislative Service Commission shall study	64902
the fiscal impact on state revenues of extending the Ohio coal tax	64903
credit for two years under section 5733.39 of the Revised Code.	64904
Not later than July 1, 2002, the Commission shall report its	64905
findings to the Speaker and Minority Leader of the House of	64906
Representatives and the President and Minority Leader of the	64907
Senate.	64908

Section 197. (A) As used in this section:

64909

(1) "Amnesty" means forgiving a taxpayer's liability for	64910
penalties and one-half of the interest that accrue on account of	64911
the late payment, nonpayment, underreporting, or unreporting of	64912
qualifying delinquent taxes.	64913

(2) "Qualifying delinquent taxes" means taxes imposed under	64914
division (B) of section 5709.01, section 5727.24, 5727.30,	64915
5733.06, 5733.41, 5739.02 (except division (C) of section	64916
5739.02), 5739.021, 5739.023, 5739.026, 5741.02, 5741.021,	64917
5741.022, 5741.023, 5747.02, or 5747.41, or sections 5747.06 and	64918
5747.07 of the Revised Code, that, on May 1, 2001, were due and	64919
payable from a taxpayer or employer, that were unreported or	64920
underreported, and that remain unpaid. "Qualifying delinquent	64921
taxes" does not include taxes for which a notice of assessment or	64922
audit has been issued, a bill has been issued, or an audit is	64923
currently being or has been conducted.	64924

(3) "Taxpayer" means any individual or other person, as	64925
defined in section 5701.01 or 5711.01 of the Revised Code, that is	64926
subject to taxes imposed under division (B) of section 5709.01,	64927
section 5727.24, 5727.30, 5733.06, 5733.41, 5739.02, 5739.021,	64928
5739.023, 5739.026, 5741.02, 5741.021, 5741.022, 5741.023,	64929
5747.02, or 5747.41 of the Revised Code, including any vendor	64930
subject to sections 5739.03 and 5739.12 of the Revised Code, any	64931
seller subject to section 5741.04 or 5741.12 of the Revised Code,	64932
any employer subject to section 5747.06 or 5747.07 of the Revised	64933
Code, and any qualifying entity as defined in section 5733.40 of	64934
the Revised Code.	64935

(B)(1) Beginning on October 15, 2001, and ending on January	64936
15, 2002, if a taxpayer that owes qualifying delinquent taxes pays	64937
the full amount of qualifying delinquent taxes and one-half of any	64938
interest to the Treasurer of State, in the form and manner	64939
prescribed by the Tax Commissioner, the Tax Commissioner shall	64940
grant amnesty for any penalties and one-half of the interest that	64941
otherwise are imposed as a result of delinquency in the payment of	64942
those taxes.	64943

(2) Beginning October 15, 2001, and ending January 2002, if	64944
a taxpayer that owes qualifying delinquent taxes imposed pursuant	64945
to division (B) of section 5709.01 of the Revised Code files a	64946
return with the Tax Commissioner, in the form and manner	64947
prescribed by the Tax Commissioner, listing all property not	64948
previously listed for taxation, the Tax Commissioner shall issue a	64949
preliminary assessment certificate to the proper county auditor	64950
and grant amnesty for any penalties that otherwise may be imposed	64951
on the qualifying delinquent taxes. Upon receiving such a	64952
preliminary assessment certificate, the county auditor shall	64953
compute the amount of taxes due plus one-half of the interest	64954
prescribed by sections 5711.32 and 5719.041 of the Revised Code.	64955
The county treasurer shall collect from the taxpayer the tax and	64956
interest so computed as otherwise prescribed by section 5711.33 of	64957
the Revised Code. No payment otherwise prescribed by division (G)	64958
of section 321.24 of the Revised Code shall be made on account of	64959
such a taxpayer. Notwithstanding any section of the Revised Code	64960
to the contrary, the Tax Commissioner shall not furnish to any	64961
county auditor information pertaining to the exemption from	64962
taxation provided under division (C)(3) of section 5709.01 of the	64963
Revised Code insofar as that information relates to a such a	64964
taxpayer.	64965

(3) The Tax Commissioner shall prescribe forms on which	64966
taxpayers may apply for amnesty. The Tax Commissioner may require	64967
taxpayers applying for amnesty to file returns or reports,	64968
including amended returns and reports, that otherwise would be	64969
required.	64970

(C) If a taxpayer pays qualifying delinquent taxes as	64971
prescribed in division (B) of this section, no criminal	64972
prosecution or civil action shall be brought thereafter against	64973
the taxpayer and no assessment shall be issued thereafter against	64974
the taxpayer on account of the qualifying delinquent taxes paid.	64975

(D) Qualifying delinquent taxes and interest collected	64976
under this section shall be credited to the General Revenue Fund,	64977
except for qualifying delinquent taxes imposed pursuant to	64978
division (B) of section 5709.01 of the Revised Code, which the	64979
county auditor shall credit to the proper taxing district, and	64980
except for those imposed pursuant to sections 5739.021, 5739.023,	64981
and 5739.026 of the Revised Code, which shall be distributed as	64982
required under division (B) of section 5739.21 of the Revised	64983
Code, and those imposed pursuant to sections 5741.021, 5741.022,	64984
and 5741.023, of the Revised Code which shall be distributed as	64985
required under division (B) of section 5741.03 of the Revised	64986
Code.	64987

(E) This section is hereby repealed, effective January 16,	64988
2002.	64989

Section 198. The credit allowed by section 5747.29 of the	64990
Revised Code shall not be claimed for taxable year 2001 or 2002.	64991

Section 199. Except as otherwise specifically provided in	64992
this act, the codified sections of law amended or enacted in this	64993
act, and the items of law of which the codified sections of law	64994
amended or enacted in this act are composed, are subject to the	64995
referendum. Therefore, under Ohio Constitution, Article II,	64996
Section 1c and section 1.471 of the Revised Code, the codified	64997
sections of law amended or enacted by this act, and the items of	64998
law of which the codified sections of law as amended or enacted by	64999
this act are composed, take effect on the ninety-first day after	65000
this act is filed with the Secretary of State. If, however, a	65001
referendum petition is filed against any such codified section of	65002
law as amended or enacted by this act, or against any item of law	65003
of which any such codified section of law as amended or enacted by	65004
this act is composed, the codified section of law as amended or	65005
enacted, or item of law, unless rejected at the referendum, takes	65006
effect at the earliest time permitted by law.	65007

Section 200. Except as otherwise specifically provided in	65008
this act, the repeal by this act of a codified section of law is	65009
subject to the referendum. Therefore, under Ohio Constitution,	65010
Article II, Section 1c and section 1.471 of the Revised Code, the	65011
repeal by this act of a codified section of law takes effect on	65012
the ninety-first day after this act is filed with the Secretary of	65013
State. If, however, a referendum petition is filed against any	65014
such repeal, the repeal, unless rejected at the referendum, takes	65015
effect at the earliest time permitted by law.	65016

Section 201. Sections 105.41, 107.10, 111.16, 111.18, 111.23,	65017
111.25, 121.40, 122.011, 133.06, 147.01, 147.02, 147.03, 147.05,	65018
147.06, 147.13, 147.14, 147.37, 147.371, 166.03, 181.52, 901.43,	65019
901.63, 901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401,	65020
1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42,	65021
1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1501.40,	65022
1502.12, 1701.05, 1701.07, 1701.81, 1702.05, 1702.06, 1702.43,	65023
1702.59, 1703.04, 1703.041, 1703.15, 1703.17, 1703.27, 1705.05,	65024
1705.06, 1705.38, 1705.55, 1746.04, 1746.06, 1746.15, 1747.03,	65025
1747.04, 1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 1782.09,	65026
1782.433, 1785.06, 2303.20, 3301.70, 3302.041, 3313.603, 3314.08,	65027
3314.09, 3314.091, 3317.012, 3317.013, 3317.014, 3317.02,	65028
3317.021, 3317.022, 3317.024, 3317.029, 3317.0210, 3317.0212,	65029
3317.0213, 3317.0216, 3317.0217, 3317.03, 3317.05, 3317.051,	65030
3317.06, 3317.064, 3317.161 (3317.052), 3317.162 (3317.053),	65031
3317.11, 3317.13, 3317.16, 3317.19, 3317.20, 3318.042, 3318.52,	65032
3323.09, 3323.091, 3333.043, 3333.21, 3333.22, 3702.68, 3721.07,	65033
3721.51, 3721.56, 3734.57, 3745.014, 3745.11, 3745.22, 3769.08,	65034
3769.20, 3773.56, 3923.28, 3923.30, 4115.10, 4301.43, 4503.10,	65035
4503.102, 4503.12, 4503.182, 4505.061, 4506.08, 4507.24, 4507.50,	65036
4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69, 4734.20,	65037
4761.05, 4771.22, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20,	65038
4779.26, 4905.87, 5101.071 (5101.251), 5101.521, 5101.821,	65039
5101.85, 5101.853 (5101.851), 5101.852, 5101.854 (5101.853),	65040
5103.07, 5111.041, 5111.042, 5111.081, 5111.171, 5111.231,	65041
5111.25, 5111.251, 5111.262, 5111.28, 5111.29, 5111.34, 5111.87	65042
(5111.871), 5111.872, 5111.873, 5123.01, 5123.041, 5123.044,	65043
5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,	65044
5123.0411, 5123.0412, 5123.0413, 5123.082, 5123.71, 5123.76,	65045
5126.01, 5126.035, 5126.041, 5126.042, 5126.046, 5126.05,	65046
5126.051, 5126.053, 5126.054, 5126.055, 5126.056, 5126.057,	65047
5126.06, 5126.071, 5126.08, 5126.11, 5126.12, 5126.15, 5126.16,	65048
5126.18, 5126.19, 5126.20, 5126.22, 5126.221, 5126.25, 5126.31,	65049
5126.311, 5126.313, 5126.32, 5126.357, 5126.431, 5139.11, 5703.49,	65050
5705.091, 5705.19, 5705.41, 5705.44, 5725.31, 5727.84, 5727.85,	65051
5729.07, 5733.122, 5733.351, 5733.42, 5747.39, and 6109.21 of the	65052
Revised Code as amended or enacted by this act, and the items of	65053
law of which such sections as amended or enacted by this act are	65054
composed, are not subject to the referendum. Therefore, under	65055
Ohio Constitution, Article II, Section 1d and section 1.471 of the	65056
Revised Code, such sections as amended or enacted by this act, and	65057
the items of law of which such sections as amended or enacted by	65058
this act are composed, go into immediate effect when this act	65059
becomes law.	65060

Section 202. (A) The amendment by this act removing language	65061
from division (B)(1)(e) of section 125.22 of the Revised Code	65062
constitutes an item of law that is subject to the referendum.	65063
Therefore, under Ohio Constitution, Article II, Section 1c and	65064
section 1.471 of the Revised Code, the item takes effect on the	65065
ninety-first day after this act is filed with the Secretary of	65066
State. If, however, a referendum petition is filed against the	65067
item, the item, unless rejected at the referendum, takes effect at	65068
the earliest time permitted by law.	65069

(B) The amendment by this act inserting division (A)(20)	65070
into section 125.22 of the Revised Code constitutes an item of law	65071
that is not subject to the referendum. Therefore, under Ohio	65072
Constitution, Article II, Section 1d and section 1.471 of the	65073
Revised Code, the item goes into immediate effect when this act	65074
becomes law.	65075

Section 203. (A) The amendment by this act removing language	65076
from division (B)(2) of section 3318.04 of the Revised Code	65077
constitutes an item of law that is subject to the referendum.	65078
Therefore, under Ohio Constitution, Article II, Section 1c and	65079
section 1.471 of the Revised Code, the item takes effect on the	65080
ninety-first day after this act is filed with the Secretary of	65081
State. If, however, a referendum petition is filed against the	65082
item, the item, unless rejected at the referendum, takes effect at	65083
the earliest time permitted by law.	65084

(B) The amendment by this act inserting division (B)(3) into	65085
section 3318.04 of the Revised Code constitutes an item of law	65086
that is not subject to the referendum. Therefore, under Ohio	65087
Constitution, Article II, Section 1d and section 1.471 of the	65088
Revised Code, the item goes into immediate effect when this act	65089
becomes law.	65090

Section 204. (A) The amendment by this act removing language	65091
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting	65092
language into what are now divisions (G)(3) and (H), of section	65093
3734.82 of the Revised Code constitutes an item of law that is	65094
subject to the referendum. Therefore, under Ohio Constitution,	65095
Article II, Section 1c and section 1.471 of the Revised Code, the	65096
item takes effect on the ninety-first day after this act is filed	65097
with the Secretary of State. If, however, a referendum petition	65098
is filed against the item, the item, unless rejected at the	65099
referendum, takes effect at the earliest time permitted by law.	65100

(B) The amendment by this act to former division (G)(3) (now	65101
division (G)(2)) of section 3734.82 of the Revised Code	65102
constitutes an item of law that is not subject to the referendum.	65103
Therefore, under Ohio Constitution, Article II, Section 1d and	65104
section 1.471 of the Revised Code, the item goes into immediate	65105
effect when this act becomes law.	65106

Section 205. (A) The amendment by this act inserting	65107
language into division (G) of section 5119.01 of the Revised Code	65108
constitutes an item of law that is subject to the referendum.	65109
Therefore, under Ohio Constitution, Article II, Section 1c and	65110
section 1.471 of the Revised Code, the item takes effect on the	65111
ninety-first day after this act is filed with the Secretary of	65112
State. If, however, a referendum petition is filed against the	65113
item, the item, unless rejected at the referendum, takes effect at	65114
the earliest time permitted by law.	65115

(B) The amendment by this act removing language from	65116
division (I) of section 5119.01 of the Revised Code constitutes an	65117
item of law that is not subject to the referendum. Therefore,	65118
under Ohio Constitution, Article II, Section 1d and section 1.471	65119
of the Revised Code, the item goes into immediate effect when this	65120
act becomes law.	65121

Section 206. The repeal by this act of section 3317.0215 of	65122
the Revised Code is not subject to the referendum. Therefore,	65123
under Ohio Constitution, Article II, Section 1d and section 1.471	65124
of the Revised Code, the repeal goes into immediate effect when	65125
this act becomes law.	65126

Section 207. The repeals of sections 166.032, 1329.68,	65127
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and	65128
5126.054 of the Revised Code constitute items of law that are not	65129
subject to the referendum. Therefore, under Ohio Constitution,	65130
Article II, Section 1d and section 1.471 of the Revised Code, the	65131
repeals go into immediate effect when this act becomes law.	65132

Section 208. * Sections 121.04, 1501.04, and 3517.092 of the	65133
Revised Code, as amended by this act, and the repeal by this act	65134
of sections 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06,	65135
1553.07, 1553.08, 1553.09, 1553.10, and 1553.99 of the Revised	65136
Code shall take effect July 1, 2002.	65137

Section 209. * Section 5104.341 of the Revised Code, as	65138
amended by this act, shall take effect January 1, 2002.	65139

Section 210. Sections 5739.032, 5739.07, 5739.102, 5739.12,	65140
5739.121, 5739.13, 5741.10, and 5741.12 of the Revised Code, as	65141
amended by this act, shall take effect January 1, 2002. Sections	65142
5733.02, 5733.021, 5733.12, and 5733.18 of the Revised Code, as	65143
amended by this act, shall take effect July 1, 2002. Sections	65144
3734.904, 4301.422, 4303.33, 4303.331, 5727.25, 5727.26, 5727.82,	65145
5728.08, 5735.06, 5735.061, 5743.62, 5743.63, 5745.03, 5745.04,	65146
and 5749.06 of the Revised Code, as amended by this act, shall	65147
take effect January 1, 2003.	65148

Section 211. The amendment by this act of sections 126.21,	65149
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal	65150
years beginning with fiscal year 2003.	65151

Section 212. The enactment of section 1309.525 of the Revised	65152
Code by this act is contingent upon and takes effect only if S.B.	65153
74 of the 124th General Assembly becomes law and section 1309.40	65154
of the Revised Code is repealed by that latter act.	65155

Section 213. Section 3317.10 of the Revised Code, as amended	65156
by this act, shall take effect January 1, 2003.	65157

Section 214. (A) Sections 1345.21, 4707.01, 4707.011,	65158
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071,	65159
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12,	65160
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21,	65161
4707.23, and 4707.99 of the Revised Code, as amended by this act,	65162
shall take effect on October 1, 2001, or the earliest date	65163
thereafter permitted by law.	65164

(B)(1) On the effective date under division (A) of this	65165
section of the sections as amended, the licensing functions of the	65166
Department of Commerce under Chapter 4707. of the Revised Code are	65167
transferred to the Department of Agriculture. The Department of	65168
Agriculture thereupon and thereafter assumes these functions.	65169

Any business commenced but not completed by the Department of	65170
Commerce on that effective date shall be completed by the Director	65171
or Department of Agriculture in the same manner, and with the same	65172
effect, as if completed by the Director or Department of Commerce.	65173
No validation, cure, right, privilege, remedy, obligation, or	65174
liability is lost or impaired by reason of the transfer of	65175
functions required by this section and shall be administered by	65176
the Director or Department of Agriculture. All of the Department	65177
of Commerce's rules, orders, and determinations continue in effect	65178
as rules, orders, and determinations of the Department of	65179
Agriculture until modified or rescinded by the Department of	65180
Agriculture. If necessary to ensure the integrity of the	65181
numbering of the Administrative Code, the Director of the	65182
Legislative Service Commission shall renumber the Department of	65183
Commerce's relevant rules as appropriate to reflect their transfer	65184
to the Department of Agriculture.	65185

No employees of the Department of Commerce are transferred to	65186
the Department of Agriculture. The Director of Agriculture may	65187
create up to three additional full-time positions for the	65188
administration of the licensing functions of Chapter 4707. of the	65189
Revised Code assumed by the Director and Department payable out of	65190
the unexpended balances transferred to the Department of	65191
Agriculture under division (B)(2) of this section.	65192

(2) The Director of Budget and Management shall determine the	65193
amount of unexpended balances in the Department of Commerce	65194
appropriation accounts that pertain to auctioneers and the	65195
licensing functions of the Department of Commerce under Chapter	65196
4707. of the Revised Code and shall recommend to the Controlling	65197
Board the transfer of such unexpended balances to the Department	65198
of Agriculture.	65199

In preparation for the transfer of the licensing functions	65200
under Chapter 4707. of the Revised Code from the Department of	65201
Commerce to the Department of Agriculture, on October 1, 2001, or	65202
thereafter, the Director of Budget and Management also may	65203
recommend to the Controlling Board the transfer of such moneys in	65204
the unexpended balances in the appropriations to the Department of	65205
Commerce to the Department of Agriculture prior to the effective	65206
date of the transfer as will enable the Department of Agriculture	65207
to effectively prepare for the transfer of duties. The Department	65208
of Commerce shall provide full and timely information to the	65209
Controlling Board to facilitate this transfer.	65210

(3) Whenever the Director or Department of Commerce is	65211
referred to in any law, contract, or other document relating to	65212
the transferred functions, the reference shall be deemed to refer	65213
to the Director or Department of Agriculture, whichever is	65214
appropriate.	65215

No action or proceeding pending on the effective date of this	65216
section is affected by the transfer, and shall be prosecuted or	65217
defended in the name of the Director or Department of Agriculture.	65218
In all such actions, the Director or Department of Agriculture	65219
upon application to the court shall be substituted as a party.	65220

Section 215. (A) There is hereby transferred to the	65221
Governor's Advisory Council on Physical Fitness and Sports, all	65222
books, records, documents, files, transcripts, and other materials	65223
that are in the possession of the Physical Fitness and Sports	65224
Advisory Board, as they existed immediately prior to the effective	65225
date of sections 3701.77, 3701.771, and 3701.772 of the Revised	65226
Code, as amended by this act.	65227

(B) All moneys appropriated or reappropriated to the Board	65228
for the performance of the duties, powers, obligations, and	65229
functions, and the exercise of the rights, that are transferred by	65230
this act to the Council, to the extent of the remaining unexpended	65231
or unencumbered balance of the appropriations or reappropriations,	65232
whether obligated or unobligated, are hereby transferred to the	65233
Council for performing the duties, powers, obligations, and	65234
functions, and exercising the rights of the Council. Payments for	65235
liabilities for expenses incurred before or after the effective	65236
date of sections 3701.77, 3701.771, and 3701.772 of the Revised	65237
Code, as amended by this act, shall be made on separate vouchers	65238
or certificates approved by the Council.	65239

(C) All rules, acts, determinations, approvals, and	65240
decisions of the Board pertaining to the duties, powers,	65241
obligations, and functions that are transferred and assigned by	65242
this act to the Council and that are in effect at the time of the	65243
transfer shall continue in force as rules, acts, determinations,	65244
approvals, and decisions of the Board until they are duly	65245
modified, superseded, or repealed by the Council, as appropriate.	65246
Whenever the duties, powers, obligations, and functions of the	65247
Board that are transferred by this act to the Council are referred	65248
to or designated in any law, contract, or other document	65249
pertaining to those duties, powers, obligations, or functions,	65250
including the reference to the Board within section 27 of Sub.	65251
H.B. 670 of the 121st General Assembly as subsequently amended,	65252
the reference or designation shall be considered, as appropriate,	65253
to be a reference or designation to the Council and to the duties,	65254
powers, obligations, and functions as transferred to it.	65255

No existing right or remedy of any character shall be lost,	65256
impaired, or affected by reason of the transfer, except as insofar	65257
as that remedy or right shall be administered, as appropriate, by	65258
the Council instead of the Board.	65259

Section 216. Except as otherwise specifically provided in	65260
this act, the uncodified sections of law amended or enacted in	65261
this act, and the items of law of which the uncodified sections of	65262
law amended or enacted in this act are composed, are not subject	65263
to the referendum. Therefore, under Ohio Constitution, Article	65264
II, Section 1d and section 1.471 of the Revised Code, the	65265
uncodified sections of law amended or enacted in this act, and the	65266
items of law of which the uncodified sections of law amended or	65267
enacted in this act are composed, go into immediate effect when	65268
this act becomes law.	65269

Section 217. Uncodified sections of law amended or enacted in	65270
this act, and items of law contained within the uncodified	65271
sections of law amended or enacted in this act, that are marked	65272
with an asterisk are subject to the referendum. Therefore, under	65273
Ohio Constitution, Article II, Section 1c and section 1.471 of the	65274
Revised Code, the uncodified sections and items of law marked with	65275
an asterisk take effect on the ninety-first day after this act is	65276
filed with the Secretary of State. If, however, a referendum	65277
petition is filed against an uncodified section or item of law	65278
marked with an asterisk, the uncodified section or item of law	65279
marked with an asterisk, unless rejected at the referendum, takes	65280
effect at the earliest time permitted by law.	65281

If the amending and existing repeal clauses commanding the	65282
amendment of an uncodified section of law are both marked with	65283
asterisks, the uncodified section as amended is deemed also to	65284
have been marked with an asterisk.	65285

An asterisk marking an uncodified section or item of law has	65286
the form *.	65287

This section defines the meaning and form of, but is not	65288
itself to be considered marked with, an asterisk.	65289

Section 218. The amendment to Section 10 of Am. Sub. S.B. 287	65290
of the 123rd General Assembly constitutes an item of law that is	65291
subject to the referendum. Therefore, under Ohio Constitution,	65292
Article II, Section 1c and section 1.471 of the Revised Code, the	65293
item takes effect on the ninety-first day after this act is filed	65294
with the Secretary of State. If, however, a referendum petition	65295
is filed against the item, the item, unless rejected at the	65296
referendum, takes effect at the earliest time permitted by law.	65297

Section 219. The amendments by this act to Section 5 of Am.	65298
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am.	65299
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am.	65300
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am.	65301
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am.	65302
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am.	65303
S.B. 210 of the 123rd General Assembly, and to Section 129 of Am.	65304
Sub. H.B. 283 of the 123rd General Assembly constitute items of	65305
law that are not subject to the referendum. Therefore, under Ohio	65306
Constitution, Article II, Section 1d and section 1.471 of the	65307
Revised Code, the items go into immediate effect when this act	65308
becomes law.	65309

Section 220. The repeals by this act of Section 18 of Am.	65310
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of	65311
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to	65312
the referendum. Therefore, under Ohio Constitution, Article II,	65313
Section 1d and section 1.471 of the Revised Code, the repeals go	65314
into immediate effect when this act becomes law.	65315

Section 221. If the amendment or enactment in this act of a	65316
codified or uncodified section of law is subject to the	65317
referendum, the corresponding indications in the amending,	65318
enacting, or existing repeal clauses commanding the amendment or	65319
enactment also are subject to the referendum, along with the	65320
amendment or enactment. If the amendment or enactment by this act	65321
of a codified or uncodified section of law is not subject to the	65322
referendum, the corresponding indications in the amending,	65323
enacting, or existing repeal clauses commanding the amendment or	65324
enactment also are not subject to the referendum, the same as the	65325
amendment or enactment.	65326

Section 222. An item, other than an amending, enacting, or	65327
repealing clause, that composes the whole or part of an uncodified	65328
section contained in this act has no effect after June 30, 2003,	65329
unless its context clearly indicates otherwise.	65330

Section 223. The amendment of sections 4779.01, 4779.02,	65331
4779.16, 4779.19, 4779.20, and 4779.26 of the Revised Code is not	65332
intended to supersede the earlier repeal, with delayed effective	65333
date, of those sections.	65334

Section 224. * Section 102.06 of the Revised Code is	65335
presented in this act as a composite of the section as amended by	65336
both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of the 120th General	65337
Assembly. The General Assembly, applying the principle stated in	65338
division (B) of section 1.52 of the Revised Code that amendments	65339
are to be harmonized if reasonably capable of simultaneous	65340
operation, finds that the composite is the resulting version of	65341
the section in effect prior to the effective date of the section	65342
as presented in this act.	65343

Section 225. * Section 121.04 of the Revised Code is	65344
presented in this act as a composite of the section as amended by	65345
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General	65346
Assembly. The General Assembly, applying the principle stated in	65347
division (B) of section 1.52 of the Revised Code that amendments	65348
are to be harmonized if reasonably capable of simultaneous	65349
operation, finds that the composite is the resulting version of	65350
the section in effect prior to the effective date of the section	65351
as presented in this act.	65352

Section 226. * Section 124.24 of the Revised Code is	65353
presented in this act as a composite of the section as amended by	65354
both Sub. H.B. 601 and Am. Sub. H.B. 628 of the 123rd General	65355
Assembly. The General Assembly, applying the principle stated in	65356
division (B) of section 1.52 of the Revised Code that amendments	65357
are to be harmonized if reasonably capable of simultaneous	65358
operation, finds that the composite is the resulting version of	65359
the section in effect prior to the effective date of the section	65360
as presented in this act.	65361

Section 227. Section 901.63 of the Revised Code is presented	65362
in this act as a composite of the section as amended by both Sub.	65363
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	65364
General Assembly, applying the principle stated in division (B) of	65365
section 1.52 of the Revised Code that amendments are to be	65366
harmonized if reasonably capable of simultaneous operation, finds	65367
that the composite is the resulting version of the section in	65368
effect prior to the effective date of the section as presented in	65369
this act.	65370

Section 228. * Section 2317.02 of the Revised Code is	65371
presented in this act as a composite of the section as amended by	65372
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General	65373
Assembly. The General Assembly, applying the principle stated in	65374
division (B) of section 1.52 of the Revised Code that amendments	65375
are to be harmonized if reasonably capable of simultaneous	65376
operation, finds that the composite is the resulting version of	65377
the section in effect prior to the effective date of the section	65378
as presented in this act.	65379

Section 229. * Section 2953.21 of the Revised Code is	65380
presented in this act as a composite of the section as amended by	65381
both Sub. S.B. 258 and Am. Sub. S.B. 269 of the 121st General	65382
Assembly. The General Assembly, applying the principle stated in	65383
division (B) of section 1.52 of the Revised Code that amendments	65384
are to be harmonized if reasonably capable of simultaneous	65385
operation, finds that the composite is the resulting version of	65386
the section in effect prior to the effective date of the section	65387
as presented in this act.	65388

Section 230. Section 3317.03 of the Revised Code is	65389
presented in this act as a composite of the section as amended by	65390
both Am. Sub. H.B. 640 and Sub. S.B. 173 of the 123rd General	65391
Assembly. The General Assembly, applying the principle stated in	65392
division (B) of section 1.52 of the Revised Code that amendments	65393
are to be harmonized if reasonably capable of simultaneous	65394
operation, finds that the composite is the resulting version of	65395
the section in effect prior to the effective date of the section	65396
as presented in this act.	65397

Section 231. * Section 3701.771 of the Revised Code is	65398
presented in this act as a composite of the section as amended by	65399
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General	65400
Assembly. The General Assembly, applying the principle stated in	65401
division (B) of section 1.52 of the Revised Code that amendments	65402
are to be harmonized if reasonably capable of simultaneous	65403
operation, finds that the composite is the resulting version of	65404
the section in effect prior to the effective date of the section	65405
as presented in this act.	65406

Section 232. * Section 3701.772 of the Revised Code is	65407
presented in this act as a composite of the section as amended by	65408
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General	65409
Assembly. The General Assembly, applying the principle stated in	65410
division (B) of section 1.52 of the Revised Code that amendments	65411
are to be harmonized if reasonably capable of simultaneous	65412
operation, finds that the composite is the resulting version of	65413
the section in effect prior to the effective date of the section	65414
as presented in this act.	65415

Section 233. Section 4503.12 of the Revised Code is	65416
presented in this act as a composite of the section as amended by	65417
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General	65418
Assembly. The General Assembly, applying the principle stated in	65419
division (B) of section 1.52 of the Revised Code that amendments	65420
are to be harmonized if reasonably capable of simultaneous	65421
operation, finds that the composite is the resulting version of	65422
the section in effect prior to the effective date of the section	65423
as presented in this act.	65424

Section 234. * Section 5101.141 of the Revised Code is	65425
presented in this act as a composite of the section as amended by	65426
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General	65427
Assembly. The General Assembly, applying the principle stated in	65428
division (B) of section 1.52 of the Revised Code that amendments	65429
are to be harmonized if reasonably capable of simultaneous	65430
operation, finds that the composite is the resulting version of	65431
the section in effect prior to the effective date of the section	65432
as presented in this act.	65433

Section 235. * Section 5101.80 of the Revised Code is	65434
presented in this act as a composite of the section as amended by	65435
both Am. Sub. H.B. 470 and H.B. 471 of the 123rd General	65436
Assembly. The General Assembly, applying the principle stated in	65437
division (B) of section 1.52 of the Revised Code that amendments	65438
are to be harmonized if reasonably capable of simultaneous	65439
operation, finds that the composite is the resulting version of	65440
the section in effect prior to the effective date of the section	65441
as presented in this act.	65442

Section 236. * Section 5119.61 of the Revised Code is	65443
presented in this act as a composite of the section as amended by	65444
both Am. H.B. 264 and Am. Sub. H.B. 283 of the 123rd General	65445
Assembly. The General Assembly, applying the principle stated in	65446
division (B) of section 1.52 of the Revised Code that amendments	65447
are to be harmonized if reasonably capable of simultaneous	65448
operation, finds that the composite is the resulting version of	65449
the section in effect prior to the effective date of the section	65450
as presented in this act.	65451

Section 237. Section 5123.71 of the Revised Code is	65452
presented in this act as a composite of the section as amended by	65453
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	65454
Assembly. The General Assembly, applying the principle stated in	65455
division (B) of section 1.52 of the Revised Code that amendments	65456
are to be harmonized if reasonably capable of simultaneous	65457
operation, finds that the composite is the resulting version of	65458
the section in effect prior to the effective date of the section	65459
as presented in this act.	65460

Section 238. Section 5123.76 of the Revised Code is	65461
presented in this act as a composite of the section as amended by	65462
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	65463
Assembly. The General Assembly, applying the principle stated in	65464
division (B) of section 1.52 of the Revised Code that amendments	65465
are to be harmonized if reasonably capable of simultaneous	65466
operation, finds that the composite is the resulting version of	65467
the section in effect prior to the effective date of the section	65468
as presented in this act.	65469

Section 239. * Section 5727.26 of the Revised Code is	65470
presented in this act as a composite of the section as amended by	65471
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General	65472
Assembly. The General Assembly, applying the principle stated in	65473
division (B) of section 1.52 of the Revised Code that amendments	65474
are to be harmonized if reasonably capable of simultaneous	65475
operation, finds that the composite is the resulting version of	65476
the section in effect prior to the effective date of the section	65477
as presented in this act.	65478

Section 240. * Section 5731.21 of the Revised Code is	65479
presented in this act as a composite of the section as amended by	65480
both Am. Sub. H.B. 313 and Sub. S.B. 108 of the 123rd General	65481
Assembly. The General Assembly, applying the principle stated in	65482
division (B) of section 1.52 of the Revised Code that amendments	65483
are to be harmonized if reasonably capable of simultaneous	65484
operation, finds that the composite is the resulting version of	65485
the section in effect prior to the effective date of the section	65486
as presented in this act.	65487

Section 241. * Section 5739.02 of the Revised Code is	65488
presented in this act as a composite of the section as amended by	65489
Am. Sub. H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of the 123rd	65490
General Assembly. The General Assembly, applying the principle	65491
stated in division (B) of section 1.52 of the Revised Code that	65492
amendments are to be harmonized if reasonably capable of	65493
simultaneous operation, finds that the composite is the resulting	65494
version of the section in effect prior to the effective date of	65495
the section as presented in this act.	65496

Section 242. If any item of law that constitutes the whole or	65497
part of a codified or uncodified section of law contained in this	65498
act, or if any application of any item of law that constitutes the	65499
whole or part of a codified or uncodified section of law contained	65500
in this act, is held invalid, the invalidity does not affect other	65501
items of law or applications of items of law that can be given	65502
effect without the invalid item of law or application. To this	65503
end, the items of law of which the codified and uncodified	65504
sections contained in this act are composed, and their	65505
applications, are independent and severable.	65506